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#2 Public hearing and action to detach a portion of 3601 S River Road (File Ord. #2012-513) Community Development Department Memorandum Date: May 14, 2012 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing and action on a proposed ordinance detaching a portion of 3601 South River Road located between the Rock River and South River Road (File Ordinance No. 2012-513). _____________________________________________________________________ SUMMARY Art Donaldson has submitted a petition to detach a portion of property that he owns at 3601 South River Road. The property consists of a small parcel of land situated between the Rock River and South River Road. The area proposed for detachment from the city includes the east half of the river and the right-of-way for South River Road immediately adjacent to the subject property (see Map 1). This area is being detached in conjunction with the annexation of land east of the Southern Wisconsin Regional Airport (Ordinance No. 2012-514) in order to maintain a connection or link to other properties in Rock Township generally located north of the airport. State Law has provisions for detachment of property which require that the City Council adopt a detachment ordinance by three-quarters vote following a public hearing. In addition, Rock Township will be required to adopt an ordinance annexing the property back into the Town. Plan Commission review is not necessary. DEPARTMENT RECOMMENDATION The Community Development Department recommends that City Council support a motion to adopt Ordinance No. 2012-513 detaching a portion of 3601 South River Road located between the Rock River and South River Road. CITY MANAGER RECOMMENDATION The City Manager concurs with the Community Development Department recommendation. SUGGESTED MOTION A motion to adopt Ordinance No. 2012-513 detaching a portion of 3601 South River Road located between the Rock River and South River Road. ANALYSIS A. Art Donaldson owns a small portion of riverfront property located at 3601 South River Road. This parcel was included in a 1994 annexation of land that extended the municipal limits to the Southern Wisconsin Regional Airport making it eligible for annexation to the City. The proposed detachment area includes the strip of land located at 3601 South River Road, the right-of-way for South River Road and the east half of the Rock River in this location (See Map 1). B. The request to detach land from the City to the Town of Rock corresponds with a request to annex property east of the Southern Wisconsin Regional Airport and adjacent to State Highway 51. The land proposed for annexation provides the sole connection to other territory located further to the north in the Town of Rock (See Map 2). The City of Janesville desires to annex the subject property in order to eliminate the atypical jurisdictional boundary in this area. In order to do so, the City of Janesville and Town of Rock are pursuing this detachment from the City to create a new connection to other lands within the Town of Rock. The detachment of land is being reviewed on this agenda in conjunction with the proposed annexation. C. State statutes prohibit cities from creating “town islands” which occur when city boundaries fully surround a portion of land within a town. Currently, a very narrow land gap exists on property east of the Southern Wisconsin Regional Airport along State Highway 51. It is the City’s desires to eliminate this gap in order to adjust and clarify municipal boundaries between the City of Janesville and Town on Rock in this south side area. FISCAL IMPACT The property included in the proposed detachment includes a portion of the Rock River, a narrow strip of land along the riverfront and right-of-way for S. River Road. The strip of land along the river contains less that 8,000 square feet in area and maintains very little, if any, future development potential because of its size and location within the floodplain. As a result, detachment of the property is expected to have a negligible fiscal impact on the City. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2012-513 An ordinance detaching territory in the NW ¼ of Section 22, T.2N., R.12E. of the th 4 P.M., City of Janesville, Rock County, Wisconsin. WHEREAS , a petition has been filed with the City Clerk, signed by all owners of the taxable land and such territory; and WHEREAS , the necessary notices have been given; and WHEREAS , not more than 60 days have passed since filing of the detachment petition with the City Clerk; and WHEREAS , the City Council has determined that the detachment is in the public interest. NOW, THEREFORE, BE IT RESOLVED , the Common Council of the City of Janesville do ordain as follows: SECTION I : The territory described as follows is hereby detached from the City of Janesville: TH PART OF THE NW 1/4 OF SECTION 22, T.2N., R.12E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Beginning at the point of intersection with the North Line of the NW 1/4 of said Section and the Centerline of Rock River; thence Easterly along said North Line, 250 feet, more or less to the East Right-of-Way Line of S. River Road; thence Southerly along said East Line 400 feet, more or less to its intersection with a Line parallel to and 400 feet, measured at Right angles, Southerly of said North Line; thence Westerly along said parallel Line, 250 feet, more or less, to said Centerline of Rock River; thence Northerly along said Centerline, 400 feet, more or less to the place of beginning. SECTION II: After the detachment becomes effective, the above-described property shall be exempt from further taxation and assessments by the City of Janesville and henceforth be subject to taxation and assessments as part of the Town of Rock for any and all purposes provided by law. ORDINANCE NO. 2012-513 PAGE 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Eric J. 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