City of Oak Creek

Common Council Report

Meeting Date:  Sept. 7, 2004

Item No.:         3

Recommendation:  That the Council adopt Ordinance No. 2324, amending the official map for the Southwest ¼ of Section 27 as illustrated.

Background:  Country Creek Homes is requesting that the official map for the Southwest ¼ of Section 27 be amended.  This proposed amendment is an initial step in the ultimate development of the Mallard Creek subdivision at this location.

The proposed changes to the official map for this area are, for the most part, internal to the properties under control by the developer.  There are some changes that have the potential to impact adjacent property owners.  They are:

1.         The relocation of the public street accessing East Oakwood Road 165 feet to the west. – The relocation of this public street creates an unacceptable offset between the future public street on the south side of Oakwood Road.  The future street on the north side should be moved to line up with this approved road, or else shifted further to the west to allow for an appropriate offset.  This has already been done as part of the revised plan.

2.         The relocation of an interior east-west road (Marhol Court) ±60 feet to the north. – The existing official map allowed for the possibility of several of the property owners along Oakwood Road to redevelop outlots at the north end of their properties.  This relocation precludes that possibility.

3.         The elimination a drainageway crossing of the north-south public street. – The truncating of this future public street eliminates a point of access to this subdivision, as well as for any future development to the north.

4.         The reorientation of a cul de sac on the property at 10026 S. Nicholson Road. – The existing official map allowed for the possibility of the owner of the outlot at 10062 S. Nicholson Road to develop that property in conjunction with the larger property to the east.  The reorientation of this cul de sac would preclude that possibility.

When considering a proposal to amend an official map the Commission should consider 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.

The developer of this subdivision has held several meetings with the neighborhood residents as well as the alderperson for this district.

The ultimate development of this subdivision, in the configuration proposed will be dependent upon the City’s adoption (and acceptance by DNR and FEMA) of the new floodplain boundaries.  Under the current floodplain zoning, significant portions of the subdivision would be impacted by general floodplain.  The revised floodplain boundaries make more of this property developable.  However, until adopted, the City will need to enforce the existing floodplain zoning.

The Plan Commission has reviewed this request, and has recommended its approval

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, Barbara S. Blumenfield, Ph.D City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk