City of Oak Creek

Common Council Report

Meeting Date: December 5, 2006

Item No.:        

Recommendation:  That the Council adopt Ordinance No. 2437, which would amend the legal description contained in Ordinance No. 1799 to include only the property at 701 East Puetz Road.

Background: Oak Park Apartments, Inc. is requesting amendments to ordinances as they impact the Oak Park Apartments and Meadowmere Village properties at the southwest corner of E. Puetz Road & S. Shepard Avenue.  The owners of Oak Park Apartments are attempting to sell the complex and are hoping to clear up some errors and burdensome language in previously adopted ordinances and resolutions.

At their meeting of November 21, 2006, the Common Council adopted resolution 10699, regarding ownership and control of the Oak Park apartments.

In 1995 a Planned Unit Development (PUD) Ordinance (No. 1799) for the Meadowmere Village was approved.  The legal description of this PUD also encompassed the Oak Park Apartments.  However the PUD appears to only be written for the Meadowmere Development.  For example, Section 10 of the PUD prohibits any units that exceed two (2) bedrooms.  However the Oak Park Apartments complex, already built at the time this ordinance was adopted, has 24 three (3) bedroom units. Additionally, the PUD limits the development to a maximum of 254 units, which is what Meadowmere was requesting at the time.  The owners of Oak Park Apartments are therefore requesting that the legal description in the PUD be amended to exclude their properties.

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

Fiscal Impact:  The passage of this amendment would have no fiscal impact.

Prepared by: Doug Seymour, AICP Director of Community Development	Respectfully submitted, Patrick DeGrave City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk