City of Oak Creek

Common Council Report

Meeting Date:April 15, 2003

Item No.:         3

Recommendation:  That the Common Council not adopt Ordinance No. 2244, which would rezone a portion of the property at 840 W. Ryan Road from B-4 CU, Highway Business to M-1, Manufacturing and grant a conditional use permit for truck engine service.

Background:  Ray Leffler, d.b.a. Ryan Road Storage, LLC is requesting approval of a rezoning and conditional use permit for a portion of the property at 840 W. Ryan Road.  Late last year the Common Council approved Ordinance 2216 rezoning a portion of this same property from M-1, Manufacturing to B-4, Highway Business with a conditional use permit for marine sales and service.  Since that time Kendor Marine, the client for whom the conditional use permit had been obtained, has decided not to locate at the site.  At this time the developers have been approached by Cummins NPower, a company that services diesel engines and equipment.  They are proposing to develop a 29,320 square foot office and shop/warehouse facility on the site.  In order to do so they would need to obtain a conditional use permit in the M-1, Manufacturing zoning district.  The site that Cummins proposes to develop is slightly larger than the site that Kendor Marine would have occupied.  Accordingly, the boundaries of the existing conditional use permit for self service storage facilities on the site will also need to be modified.

This rezoning would bring the property back in compliance with the adopted future land use map.  The issues determining the need for a conditional use permit (primarily outdoor storage) can be regulated through the conditions and restrictions.

The Plan Commission did not approve a motion that would have recommended approval of this rezoning and conditional use permit.  If the Council were to disagree and feel that this request was appropriate, it could direct this item held until such time that the Plan Commission could review conditions and restrictions to regulate this conditional use.

Fiscal Impact:  In concurring with the Plan Commission, and not approving this rezoning and conditional use, the City would forego the value associated with the development of this 29,320 square foot office, shop and warehouse at this location at this time.

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

File name:S:\CLERK\COMMON COUNCIL AGENDAS\2003\04-15\Ord 2244 (report) Ryan Road LLC rezone-CU.doc

Print Date: April 14, 2003

Revision No. 6