98-1170REVISED ORDINANCE NO. 98-1170
An ordinance changing the zoning classification of property land located near the northeast
corner of 1-90 and State Highway 26 west of the Briar Crest Subdivision from R1, Single
and Two-Family Residence District to B4, Business Highway District.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. The zoning classification of the following described property is hereby changed
from R1 to B4:
PART OF THE SW. 1/4 OF SECTION 8 AND PART OF THE NW. 1/4 AND
THE SW. 1/4 OF SECTION 17, ALL IN T.3N., R. 13E. OF THE 4TH P.M.,
CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN, DESCRIBED AS
FOLLOWS: Commencing at the North 1/4 comer of said Section 17; thence
S.0°47'30"E along the North-South centerline of said Section, 1419.92 feet to the
place of beginning for the land to be herein described; thence continuing
S.0°47'30"E. along said North-South centerline, 1217.73 feet to the center of said
Section 17; thence continuing S.0°47'30"E. along said North-South centerline,
547.40 feet; thence N. 88°13'50"W. 526.74 feet to the Easterly R.O.W. line of
Interstate 90; thence Northwesterly along said R.O.W. line, along a curve
convexed Northeasterly, 1524.57 feet, having a radius of 4688.75 feet and a chord
bearing N. 37°07'35"W. 1517.86 feet; thence N.45°13'55"W. continuing along said
Easterly ROW. line, 79.28 feet; thence N.40°08'40"W. continuing along said
Easterly R.O.W. line, 181.87 feet to a point of curve; thence Northwesterly,
continuing along said Easterly 1LO.W. line, along a curve convexed
Southwesterly, 233.42 feet, having a radius of 335.0 feet and chord bearing
N. 11°24'40"W. 228.72 feet; thence N. 8°33'E. continuing along said Easterly
R.O.W. line, 281.28 feet to a point of curve; thence Northeasterly, continuing
along said Easterly R.O.W. line, along a curve convexed Southeasterly, 130.47
feet, having a radius of 841.0 feet and a chord bearing N.4°06'20"E. 130.34 feet to
a point of reverse curve; thence Northwesterly, continuing along said Easterly
R.O.W. line, along a curve convexed Northeasterly, 255.19 feet, having a radius of
349.0 feet and a chord bearing N.21°17'08"W. 249.54 feet to the most SE. comer
of a Certified Survey Map, as recorded in Volume 4, pages 75 thru 78; thence
N.25°05'E. 966.41 feet to the most NE. comer of said Certified Survey Map;
thence N.64055"vV. 450.09 feet to the most NW. comer ora Certified Survey Map
as recorded in Volume 4, pages 70 thru 74; thence N.25°05'E. along the East
R.O.W. line of STH 26, a distance of 38.36 feet to a point of curve; thence
Northeasterly, continuing along said East R.O.W. line, along a curve convexed
Northwesterly, 412.53 feet, having a radius of 4523.75 feet and a chord bearing
N.27°41'45"E. 412.25 feet; thence N. 64°03Z. 219.32 feet; thence N. 35°35Z.
258.50 feet to a point of curve; thence Easterly along a curve convexed Northerly,
70.47 feet, having a radius of 100.0 feet and a chord bearing N.55°51'43"E. 69.02
REVISED ORDINANCE NO. 98-1170
PAGE 2
feet to a line that is parallel with and 100 feet Southeasterly from the centerline of East
Rotamer Road; thence S.47°26'16"E. along said line, 446.63 feet; thence S.2°26'16"E.
258.80 feet; thence S.47°26'16"E. 326.32 feet; thence S.0°47'30"E. parallel with said
North-South centerline, 1338.58 feet; thence S.43°21'40"E. 281.22 feet; thence
S.88°21'40"E. 270.0 feet to the place of beginning Containing 95 acres, more or less.
The rezoning area shall also include the 1-90 right-of-way adjoining and southwest of the
above-described parcel and the Highway 26 right-of-way adjoining and northwest of the
above-described parcel excluding the Highway 26 right-of-way included in the buffer zone
shown on the attached Schedule 2.
SECTION II. The rezoning of the above-described property to B4 is subject to the following
special conditions and/or requirements:
1. Ryan Bros. will grant to the City a 20-foot wide permanent and perpetual
easement for a bike trail as shown in attached Schedule 2. The bike trail will be
located in the 100-foot buffer zone adjoining the R1 land reserved for future
residential development.
2. There will be a 50-foot building setback extending approximately 1,300 feet along
and adjacent to the City's open space area including a 25-foot green space buffer
zone to be zoned B4 as shown in attached Schedule 2. The 50-foot building
setback will apply in lieu of the 10-foot setback which would otherwise be
applicable under existing City ordinances.
3. Ryan Bros. will dedicate to the City a triangular area consisting of approximately
9,424 square feet located at the intersection of Tanglewood Drive and East
Rotamer Road. The area so dedicated shall be credited toward the City's parkland
dedication requirements on any subsequent subdivision plat or certified survey map
on the remaining R1 area available for future residential development.
4. Ryan Bros. will grant to the City a 30-foot wide permanent and perpetual
easement for use as a walkway extending from existing Devon Drive to the 100-
foot buffer zone as shown in attached Schedule 2.
5. The bike trail, buffer zones and any green area designated on the Ryan rezoning
plan as approved by the City will be credited toward the City's green area
requirements on any subsequent development of any adjoining portion of the Ryan
Bros.' property which is rezoned to the B4 zoning classification.
6. In the area to be zoned B4, any proposed use or development of a parcel five acres or greater
shall be subject to (a) approval and issuance of a conditional use
REVISED ORDINANCE NO. 98--1170
PAGE 3
permit by the City Plan Commission allowing the proposed use or development
and (b) approval by the City Plan Commission and other appropriate governmental
officials of a Certified Survey Map or Plat describing the parcel to be used or
developed.
SECTION III.
100' Buffer Zone Adjacent to R1 Area
Utilizing excess fill from development of the road right-of-way and adjoining B4 areas, berms will
be constructed in the 100' Buffer Zone (excluding the proposed bike trail) to achieve an overall
average height throughout the bermed area of not less than six feet. All berms will be constructed
with on-site fill with no off-site fill required. Although the exact configuration and extent of
berming will vary according to elevations, topography and other factors affecting the area to be
bermed, a sample of the berming to be constructed in the affected areas as development occurs is
shown in the sketch attached as Schedule A and incorporated herein by reference.
Plantings in the 100' Buffer Zone will include a minimum of seven trees per each 100 linear feet
with a minimum of 50% of said trees being evergreens. Any existing trees over 4" in diameter in
the 100' Buffer Zone will be credited against the seven trees per 100 linear feet minimum.
Evergreen trees will be approximately six to seven feet tall. Shade trees will be not less than 2"
caliper. Flowering trees will be not less than 1-I/2" caliper.
The berms and plantings to be installed in the 100' Buffer Zone as development occurs will be in
place upon occupancy of any commercial development in the B4 area which directly adjoins that
portion of the 100' Buffer Zone.
25' Buffer Zone Adjacent to Conservancy District:
No berms will be required in the 25' Buffer Zone.
Plantings will include one row of evergreen trees extending the entire length of the 25' Buffer
Zone with a minimum of seven evergreen trees per each 100 linear feet. The evergreen trees will
be not less than five feet tall.
The plantings to be installed in the 25' Buffer Zone as development occurs will be in place upon
occupancy of any commercial development in the B4 area directly adjoining the 25' Buffer Zone.
The foregoing Landscape Plan applicable to the 100' Buffer Zone and the 25' Buffer Zone
represent minimum performance standards for development of the subject property. The actual
berming and/or planting upon completion of a particular development may vary so long as the
minimum performance standards are met.
REVISED ORDINANCE NO. 98-1170
PAGE 4
Plantings within the 100' and 25' buffer zones will be credited towards satisfying up to 25% of the
on-site landscaping requirements of the Janesville Zoning Ordinance for any commercial
development which directly adjoins the buffer zone. The Janesville Site Plan Review
Coordinator, based on the circumstances of the development, may at his discretion give additional
credit towards satisfifing the on-site landscaping requirements.
ADOPTED: March 9, 1998
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM
Ctty Attorney
Proposed by: Applicant
Prepared by: Planning Department
MOTION BY: 0 ' Leary
SECOND BY: Westphal
COUNCILMEMBER AYE NAY PASS ABSENT
BRIEN X
O'LEARY X
STEHURA X
WESTPHAL X
CULLEN X
NOLL X
SCHNEIDER X
SCHEDULE A
F~gure 2