City of Oak Creek
Common Council Report
Meeting Date: November 15, 2005
Item No.:
Recommendation: That the Council adopt Ordinance No. 2380, which would rezone part of the property at 4201 E. Fitzsimmons Road be rezoned from A-1, Agricultural to Rm-1, Multifamily Residential, and the properties at 10250, 10190 and 10150 S. Chicago Road, as well as a part of 4201 E. Fitzsimmons Road and 4440 E. Oakwood Road from A-1, Agricultural to Rs-1, Single Family Residential.
Background: Herget Plavisic Development LLC are requesting that the Common Council rezone part of the property at 4201 E. Fitzsimmons Road be rezoned from A-1, Agricultural to Rm-1, Multifamily Residential, and the properties at 10250, 10190 and 10150 S. Chicago Road, as well as a part of 4201 E. Fitzsimmons Road and 4440 E. Oakwood Road from A-1, Agricultural to Rs-1, Single Family Residential. This rezoning is being requested to allow for the development of The Bluffs of Oak Creek subdivision and condominium development.
Conceptual plans for the proposed development would include 149 single family lots, each exceeding ˝ acre in size and 80 condominium units (20 four-unit buildings). While the proposal generally follows the land use plan for the area, staff has concerns about doing this development under straight Rs-1 and Rm-1 zoning as it would limit the amount of control that the City has over this significant development in close proximity to the lake. Staff would prefer this to be done as a Planned Unit Development (PUD). The applicant has indicated they do not want to develop this as a PUD and are requesting this straight zoning change. The Plan Commission did not feel that a PUD was necessary and recommended that the Common Council approve the straight rezoning.
Staff feels A Planned Unit Development would give the City a greater amount of control over the entire development, which is in a key area of the City as it is within the Lakeview Village District and is adjacent to Bender Park and Lake Michigan. First, allowing a straight Rm-1, multi-family residential would allow the applicant to develop the condominiums at a higher density (up to 14.5 units per acre). The area proposed for multi-family zoning is 11.5 acres. Though the applicant is showing 80 units, the ordinance would allow upwards of 166 units, depending on how many the type of units proposed. A PUD would allow the City to have greater control over the density, size, design and layout of the multi-family portion of the project.
In terms of the areas proposed to be single-family, they would still be limited to ˝ acre single-family home sites but they would not be bound to the proposal they are currently presenting. Once the property is rezoned, as long as the subdivision meets the requirements of the Land Division and Platting Ordinance (Chapter 14) the City is obligated to approve it. A PUD would allow the City to control the layout by approving a general development plan that the developers must adhere to. A PUD would also give the City control over minimum home sizes and phasing of the development.
The Plan Commission has reviewed this request and recommended approval of this rezoning
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Prepared by:
Doug Seymour, AICP Director of Community Development |
Fiscal Review by:
Beverly A. Buretta, CMC City Clerk |
Fiscal Impact: Data has suggested that any homes constructed on the new parcels would need to have an assessed value in excess of $249,577 in order to generate revenues equal to costs. There are no outstanding assessments on this property