City of Oak Creek

Common Council Report

Meeting Date:  March 7, 2006

Item No.:        

Recommendation:  That the Council not adopt Resolution No. 10613-030706, approving a certified survey map for the properties at 441 & 545 W. Ryan Road.

Background:  Parkside Land Group is requesting approval of a certified survey map that would re-draw the property boundaries between the properties at 441 & 545 W. Ryan Road.  The intent of the proposed land division  is to line up the property lines with what the applicant believes should be a boundary between the M-1, Manufacturing and B-4, Highway Business zoning districts.

At  the May 10, 2005 Plan Commission meeting (minutes enclosed) the Commission held this item because the applicant was attempting to reduce the lot width of a parcel that was already non-conforming in width.  The applicant is now proposing a similar CSM however the lot widths remain at their current width.

The applicant contends that the legal description that was adopted as part of the rezoning was incorrect and the zoning boundaries that currently exist are not what the Council thought they were approving.  A review of materials seems to support the applicant’s claims.  Although the CSM brought forth in April did match up with these boundaries; the one being proposed now does not. 

The applicant has also submitted a conceptual layout that shows how the land may be divided in the future. The layout will require a future road in order to create additional lots that meet the minimum lot width requirements.  There seems to be no reason to approve the certified survey map given that the land will likely be divided further in the future.  The applicant is not proposing to construct the road at this time.  Additionally, the applicant does not want to commit to creating a street to connect with S. Eagle Summit Drive.

Section 14.121(a)(2) of the Municipal Code states that “No specific rule concerning the shape of blocks is made, but blocks must fit readily into the overall plan of the subdivision and their design must evidence consideration of topographical conditions and surface drainage, lot planning, traffic flow, public open space areas and water and sewerage requirements.”

Section 14.121 (a)(3) of the Land Division and Platting Ordinance states that “Blocks intended for commercial, industrial and institutional use must be designated as such, and the plan must show adequate off street areas to provide for parking, loading docks and such other facilities as may be required to accommodate motor vehicles.”

Section 14.122(a)(2) of the Municipal Code states that “The Plan Commission and Common Council may deny the approval of a Preliminary or Final Plat or Certified Survey Map if it contains a lot or lots of an odd size, shape or orientation designed to defeat or avoid specific provisions of this Land Division and Platting Code or the spirit and policy of the Land Division and Platting Code.”

Given that we have no idea the size, scale, and type of development proposed for these parcels it is not good planning practice to approve any revisions to the lot boundaries at this time.

Staff strongly recommends that the Plan Commission and Common Council not approve this CSM until the applicant has a proposed development in mind. Once we have a concrete idea of what is proposed we can determine the appropriate lot sizes and potential public improvements such as additional public streets. 

The Plan Commission has reviewed this request, and recommended that it is not approved.

Fiscal Impact:  The approval of this certified survey map would make additional property available for nonresidential development, which will have a positive 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