City of Oak Creek

Common Council Report

Meeting Date:  February 1, 2005

Item No.:         2

Recommendation:  That the Council adopt Ordinance 2338 that would extend a development moratorium on the properties adjacent to South 27th Street.

Background:  In July of last year the Council enacted Ordinance No. 2319, establishing a moratorium upon development on properties adjacent to South 27^th Street.  The purpose of that moratorium was to give the community an opportunity to develop a plan for the 27^th Street corridor.  In that six month period the City (jointly with the City of Franklin) has engaged the services of Schreiber Anderson Associates to complete a plan for the corridor.  That plan is substantially complete.  In fact, the Council is being asked to consider adopting that plan at this same meeting.

The plan identifies appropriate land uses throughout the corridor, and makes recommendations with respect to how the communities should regulate land use activities in those areas.  This includes the use of overlay zoning districts.  The recommendations of the plan, as they apply to zoning, are provided as an attachment to this report.

This 90 day extension to the moratorium is being proposed in order that the zoning overlay districts envisioned by the plan may be drafted and adopted.  

It is being recommended that a moratorium be extended on the processing of any request to amend the zoning map or the Official Map and that the moratorium be extended also to the processing of any certified survey map, subdivision plat or development of any kind.  The area proposed to be included in the moratorium area is shown on the attached map.  Within this area are vacant parcels that have great potential, given the development occurring on the west side of 27th Street in the City of Franklin.

The City of Franklin has enacted a similar moratorium extension for its side of S. 27th Street.

The City has the right to impose a moratorium as long as it is for a legitimate public purpose, it is for a reasonable length of time and an indication is given as to what is expected to be accomplished during this moratorium period.  The public purpose is to plan for appropriate and compatible private development that will be beneficial to the area, to the entire City of Oak Creek and to Milwaukee County.  The moratorium would be lifted no later than May 1, 2005, or sooner, if the zoning overlay districts are adopted prior to that date.

Fiscal Impact:  For the duration of the moratorium, there would be no application or development fees forthcoming from potential projects in this area.  However, the coordinated planning of this corridor offers the potential to significantly enhance the City’s future 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