City of Oak Creek

Common Council Report

Meeting Date: December 16, 2003

Item No.:

Recommendation: That the Council adopt Ordinance No. 2286, which would amend the official map for the Northwest ¼ of Section 15.

Background: John Helding, Legacy Development Company is proposing an amendment to the official map for the Northwest 1/4 of Section 15. Mr. Helding previously appeared before the Plan Commission in September of this year to discuss a conceptual development plan he had proposed for the property at 2021 E. Drexel Avenue. At that meeting, Mr. Helding had proposed the development of a subdivision within the Rs-1 zoning district for that property that would have created 25 homes on 1/2 acre lots.

As a result of the discussion with the Commission and neighborhood that evening, Mr. Helding revised his plans to include a conservation type subdivision with lots meeting the standards of the existing Rs-1 zoning. Included as part of this subdivision would be 7.5 acre permanent open space for the subdivision including an aerated detention pond, picnic area and recreational footpath.

In order to proceed with such a subdivision, it would be necessary to amend the official map for this quarter section. There are several issues that need to be considered when reviewing such a request.

The impact upon the ability to logically develop adjacent properties in accordance with the existing official map. Nearby property owners may have an interest in maintaining certain aspects of an official map if it provides them the future opportunity to subdivide their property in a cost effective manner. If a person is proposing to remove this opportunity, or to alter it, they need to demonstrate that any adverse affects on the property owners involved would be offset by the benefit to the neighborhood. In other words, a property owner should not be able to amend the official map to maximize the development potential of his or her property at the detriment of surrounding properties.

In this case the City must consider the development potential of the properties to the west of the subject property. They still have at least two points of access illustrated on the official map. However, the ability of the property owner at 1929 E. Drexel Avenue to develop is almost entirely dependent on the extension of the future street from Forest Hill or a second point of access to Drexel Avenue on the property to the west. The ability to connect into the street pattern in Highland Meadows is lost under this proposal. It appears that, even under the existing official map, this property may not be cost effective to develop given the length of future street and the lot yield under the existing street pattern. It would be more appropriate, from a development perspective, for these properties to develop jointly. However, if this is not possible, or if these property owners do not wish to develop their properties, than the proposed street pattern would be appropriate, as it still provides all properties the ability to subdivide their lands independently.

This situation is further compounded by the owner of the property at 1731 E. Drexel, who has contacted the Milwaukee Metropolitan Sewerage District about acquiring her land for conservation purposes. If this occurs, than there would be no need for roads on that property. This would make it even more difficult to develop the property at 1929 E. Drexel Avenue.

Existing and planned utilities. The utilities for the subject property still must be installed in accordance with the utility master plan, which calls for the extension of sanitary sewer north from Forest Hill Avenue. Since the existing watermain was put in accordance with the existing street pattern and the proposed plan does not follow that pattern, adequate easements would have to be maintained for the existing utilities. There likely are assessments that have are outstanding on this and other properties in the area for the installation of this watermain.

To summarize, the proposed conservation type subdivision proposed by Mr. Helding appears to meet many of the goals established by the City for this neighborhood. It maintains 115 foot lot widths and one-half acre lots, it eliminates existing dead end streets, it provides for the permanent preservation of open space as well as connections between neighborhoods and a new public street access to Drexel Avenue to alleviate the traffic through the Highland Meadows subdivision. Ultimately the Common Council must decide whether the achievement of these goals can occur while maintaining the ability of property owners within the neighborhood to cost effectively subdivide their lands in the future.

The Plan Commission has reviewed this request and has recommended that the official map be amended as requested.

Fiscal Impact: The realignment of the streets on the official map does not have any direct fiscal impact on the City.

Prepared by: Doug Seymour, AICP Director of Community Development	Respectfully submitted, Robert L. Kufrin City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk

File name: T:\Shared\Ordinances\2265 (Report) Official Map NW23 (Scott).Doc

Print Date: 12/10/2003 2:52 PM