City of Oak Creek

Common Council Report

Meeting Date: July 31, 2006

Item No.:       

Recommendation:  That the Council adopt Ordinance No. 2419, which would rezone 6901 S. 20^th Street from Rs-4, Single Family Residential and Rd-1, Two Family Residential to B-3, Office and Professional Business.

Background: Tim & Janice Finke are requesting that the entire property at 6901 S. 20th Street be rezoned from Rs-4, Single Family Residential and Rd-1, Two-Family Residential to B-3, Office & Professional Business District. The reason for the change in zoning is to allow for the construction of a professional architectural office along with single-family residential living quarters for the business owners. While architectural services are allowed as a home occupation, there is a stipulation that the only employees may be the property owners.  Since T.L. Finke and Associates has employees and visiting customers, the B-3, Office and Professional Business District zoning is required for their operation.  The residential living quarters for the owners are also permitted as an accessory use so long as the residential area does not exceed the floor area used for business purposes.

The Comprehensive Plan for this area has this property, as well as surrounding properties, designated as Single-family residential and Two-family residential.   While this proposal is not what the comprehensive plan envisioned for this area, staff does not believe that two-family duplexes and small 10,000 acre lots developed under the current Rs-4 zoning is an appropriate use in this area anymore.  There is significant retail development to the west, including a recently approved addition to Menards.  Additionally, the S. 27th Street Corridor Plan has the lands to the west designated as regional retail.  There is also a large apartment complex located just to the east of this property and a church to the south.  Lower intensity commercial uses such as the proposed office seem to be a better fit given the City’s long-term vision for the S. 27th Street Corridor.

There are officially mapped streets running east-west and north-south on this property.  Though it is unlikely that the street pattern will be constructed as shown on the official map, the applicant is not requesting a map amendment at this time.  The applicant will need to account for the officially mapped street when they return for site, building, and landscape review and therefore will need a minimum parking lot setback of 10-feet from the officially mapped street. Conversely, the applicant could apply for an official map amendment.  The applicant has been made aware of these concerns and will revise the plans when they return for site, building, and landscaping plan review should the Common Council grant the rezoning request.   The Water & Sewer Utility has indicated the applicant will need to extend sanitary sewer to the northern end of this property.

The Plan Commission has reviewed this request, and has recommended that the property not be rezoned (see minutes).  Included as an attachment to this report is correspondence from the current property owner as well as that of one of the Plan Commissioners providing further background on the Plan Commission’s recommendation.

^{Additional information for 7-31 Council meeting}

This rezoning request was held by the Common Council at their last meeting in order to give the applicants an opportunity to modify their request to address the concerns raised at the public hearing regarding the future use of the undeveloped portions of the property.

At the public hearing it was suggested that the undeveloped portion of the property to the west of the proposed building be rezoned as conservancy, park or agricultural so that additional development (in accordance with the B-3, Office and Professional Business zoning district) could not take place there without some future action by the owners and the City.

The applicants were concerned that in placing a different zoning on that portion of the property, their private recreational use of the property would be restricted.  Instead they have proposed to enter into a deed restriction that would keep the westerly 692 feet of the parcel undeveloped.

In the event that the applicants fail to record this deed restriction within 90 days of the adoption of the rezoning, the property would revert back to the Rs-3 and Rd-1 zoning.

Fiscal Impact:  Data has suggested that any homes constructed in accordance with the current zoning on this parcel would need to have assessed values in excess of $249,577 in order to generate revenues equal to costs. 

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