City of Oak Creek

Common Council Report

Meeting Date:  Sept. 7, 2004

Item No.:         24

Recommendation:  That the Council consider the proposal by Continental Properties to utilize a portion of the City-owned property at 7625 S. Howell Avenue for wetland mitigation purposes.

Background:  The Director of Community Development has been in preliminary discussions with Darlene Endres of Continental Properties (the developers of the Kohl’s Department Store site) regarding potential additional retail development on lands they own between Kohl’s Department Store and the Target (now under construction).

Under the terms of the development agreement for the Kohl’s site, Continental is obligated to construct segments of Aspen Drive from their south property line to connect with the portion of the road that Target is constructing as part of their development.  Part of this obligation also includes a small portion of Riverwood Drive.

In order to construct their portion of Aspen Drive, Continental, through their consultant, has been working with the Department of Natural Resources to obtain permits to fill the wetlands within the right of way of the Aspen Drive extension.

At the same time, Continental is also proposing to develop an additional 23,000+ square feet of retail space to the north of Kohl’s.  They are also seeking permission to fill a wetland within this development area.

As part of the fill permit process, Continental will be required to mitigate the loss of these wetlands.  They have attempted to work with Target to use the same property for mitigation.  However Continental Properties has informed the City that the site could not accommodate the additional mitigation work.

Continental, having failed in its attempts to secure an area for mitigation in close proximity to its project, is requesting the ability to use portions of a City-owned property for this purpose.  The property they are interested is at 7625 S. Howell Avenue.  This landlocked 11.5 acre property lies just to the west of the former police station, and to the east of the Oak Creek Little League complex.  They would need to secure access to this site in order to construct and maintain this area.

Continental is proposing to create a ±1/3 acre wetland out of the field, which is not currently being farmed.  They are looking for guidance as to whether the City would be willing to make this site available for this mitigation project.

More information is contained in the attached project proposal

Fiscal Impact:  If the City were to make this property available for mitigation purposes, it should be done with the stipulation that any costs related to the construction and maintenance of the wetland are the responsibility of Continental Properties.

The mitigation would allow for the development of an additional 23,000+ square feet of retail space that would add to the City’s nonresidential tax base.

Prepared by: Doug Seymour, AICP Director of Community Development	Respectfully submitted, Barbara S. Blumenfield, Ph.D City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk