City of Oak Creek

Common Council Report

Meeting Date:  October 3, 2006

Item No.:        

Recommendation:  That the Council adopt Resolution No. 10684-100306 approving a certified survey map for the Reinhart Real Estate Group, Inc. and Lone Oak – Oak Creek, LLC at 9950 S. 27th Street and 9925 S. Reinhart Drive.

Background:  Prior to the submittal of this certified survey map the applicant conveyed a portion of this property to Parcel 1 of CSM number 5814 located at 9950 S. Reinhart Drive using a meets and bounds description.

The proposed certified survey map will create one (1) lot and one (1) outlot. Outlot 1 currently has a set of fuel pumps and a small pump house on it.  This 0.9 acre outlot will be owned and maintained by the owners of 9950 S. Reinhart Drive. It is being created as an outlot because it is smaller than the minimum 1-acre lot size required under M-1 Manufacturing zoning and because the use of the lots is an accessory use for the property at 9950 S. Reinhart Drive.  Lot 1 will be 27.25 acres.  There is a note on the CSM that states that no development can occur on this new parcel until the S. 27th Street Development Moratorium has expired. 

There is currently an officially mapped street that would connect S. Reinhart Drive with S. 27th Street.  The 27th Street Corridor Plan recommends that this connection be at the south end of Lot 1.  Instead of having the owners dedicate and improve a public street under the current layout of the official map which runs contrary to the corridor plan, the applicant had proposed to extend S. Reinhart Drive about 409 feet to the south and put a temporary cul-de-sac at the end.   There is a note on the CSM that stipulates that any future development of lot 1 will require the dedication and improvement of a public street according to the official map.  Under the current proposal from Liberty Property Trust to develop the property, they would be responsible to construct the extension of Reinhart Drive through to 27th Street, although the exact alignment has yet to be determined.

The Plan Commission has reviewed this certified survey map and has recommended its approval subject to the following conditions:

1.         That a development agreement be entered into between the owner and the City to specify the responsibility for, and the timing of public improvements.

2.         That any technical corrections are made prior to recording of the map.

3.         That a written legal opinion of approval be obtained from the City Attorney prior to recording of the map.

Under the current proposal, the development agreement would be with the purchasers of Lot 1 (Liberty Property Trust).  The adopting resolution will contain language obligating the current owners of the property to develop the infrastructure, should the proposed development by Liberty not occur.

A legal opinion from the City Attorney is attached to this staff report dealing with the issue of the outlot.

Fiscal Impact:  The subdivision of this property will allow for the expansion of Reinhart Food Service as well as the development of the proposed business park by the Liberty Property Trust (through a TIF) that will ultimately have a positive fiscal impact on the City. Outstanding assessments of $36,393.35 will be paid to the City upon recording of this certified survey map.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk