City of Oak Creek

Common Council Report

Meeting Date:  July 5, 2006

Item No.: 11

Recommendation:  That the Council adopt Resolution No. 10649-070506 conditionally approving a certified survey map for the Brett and Tracy Meyers at 2220 East Puetz Road.

Background: Brett and Tracy Meyers are requesting approval of a 4-lot land division for the property at 2220 E. Puetz Road.  There would be three new buildable lots created and Lot 4 would be the site of the existing home. The newly created vacant lots 1 through 3 would range in size from 18,847 square feet (.43 acre) to 27, 397 square feet (.63 acre).  Lot 4 would be 5.3 acres.  Lots in the Rs-2, Single Family Residential must have a minimum lot width of 100 feet (110 for corner lots) and 17,000 square feet of lot area.  Each of the lots being created exceeds this requirement.

In order to make lots 2 and 3 buildable the applicant is proposing to use flood volume compensation.  The grading plan proposes to remove fill from the north end of Lot 4 and fill lots 2 and 3 so they are above the flood elevation level.  The area at the north end of Lot 4 would then be used for the compensation area. The flood volume compensation plans will need to be approved by the Engineering Department and certified by the State of Wisconsin Department of Natural Resources prior to the map being recorded. 

Additionally, sanitary sewer will need to be extended to serve the new lots so a development agreement will need to be entered into between the owner and the City. The sewer and any other required public improvements will need to be installed to the satisfaction of the City prior to recording.

The initial staff report to the Plan Commission noted a concern with having three (3) additional driveways on a collector street (E. Puetz Road) and proposed either shared driveway easements or a frontage road to serve these lots. The City’s adopted Comprehensive Plan recommends managing and controlling access on arterial and collector roadways. Requiring shared access or a frontage road is preferable to having several individual residential driveways along E. Puetz Road.

The Plan Commission has reviewed the proposed CSM and has recommended its approval, subject to the following conditions:

1.         That a development agreement is entered into between the owner and the City specifying the responsibility for timing of all required public improvements.

2.         That any technical corrections are made prior to recording.

3.         That the final grading plan is approved by the Engineering Department prior to recording.

4.         That the certified survey map is not recorded until the City has approved the flood volume compensation and has received certification from the Wisconsin Department of Natural Resources and FEMA and that all improvements are in prior to recording.

The Plan Commission further directed that Council consider the issue of shared driveways onto this collector street.

Upon reviewing this item further in preparation for Common Council action, staff discovered a restriction on a previously recorded certified survey map (#6680, recorded in 1999) that states that Lot 2 cannot be redivided to create additional lots taking access off of Puetz Road.  This access restriction was placed on the CSM with the consent of the property owner, who had amended the official map at the same time to remove a public street to that would have provided access to the interior of this property.  At that time (see summary transcript) the property owner indicated that he had no intention of dividing or subdividing the property.  Based on that admission, the Council removed the street from the official map.

If the Council concurs with the applicant, and determines that additional driveways are appropriate along Puetz Road, a collector street, in the vicinity of the intersection with Pennsylvania Avenue, another collector street, they would need to rescind the restriction on the previously recorded certified survey map.

Fiscal Impact: Data has suggested that any homes constructed on the newly created lots in the proposed subdivision would need to have an assessed value 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