City of Oak Creek

Common Council Report

Meeting Date:           September 5, 2006

Item No.:  23

Recommendation:  That the Council adopt Resolution No. 10670-090506, which would approve the development agreement for the Abendschein, Rosen, Wallschlaeger  certified survey maps (CSM) at 9865 S. Shepard Avenue, 9905 S. Shepard Avenue and 560 E. Fitzsimmons Road (Tax Key Nos. 907-9973-001, 907-9035 and 923-9005-001) (5^th Aldermanic District)

Background:  George and Alice Abendschein, Ronald J. Rosen and Therese A. Wallschlaeger have requested approval of three separate CSM’s to subdivide their respective  properties at 9865 S. Shepard Avenue, 9905 S. Shepard Avenue and 560 E. Fitzsimmons Road into ten parcels total, abutting S. Shepard Avenue and fronting on E. Fitzsimmons Road.

The development agreement will provide the City with the authority to direct and approve the design and installation of all required public improvements. The agreement also requires that all public improvements must be installed and certified complete before the Rosen and Wallschlaeger CSM’s may be recorded.  Further, Parcels 2 and 3 of the Abendschein CSM will not receive a building permit until the Rosen and Wallschlaeger CSM’s are recorded.

Fiscal Impact:  Data has suggested that any homes constructed on the two new parcels would need to have an assessed value in excess of $249,577 in order to generate revenues equal to costs.  There are no outstanding assessments on this property.

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

RESOLUTION NO. 10670-090506

BY ________________________________

RESOLUTION APPROVING THE

DEVELOPMENT AGREEMENT FOR

ABENDSCHEIN, ROSEN AND WALLSCHLAEGER CSM

(5th Aldermanic District)

WHEREAS, on June 27, 2006 the Oak Creek Plan Commission, recommended approval of  certified survey maps (CSM) for the properties at 9865 S. Shepard Avenue, 9905 S. Shepard Avenue and 560 E. Fitzsimmons Road, and

WHEREAS, the installation of public improvements is necessary to serve the parcels to be created within the proposed CSM’s; and

WHEREAS, Chapter 14 of the Municipal Code requires that a development agreement be entered into prior to the required public improvements being installed; and,

WHEREAS, upon completion of the required improvements and the issuance of a certification to that effect by the City Engineer, the aforementioned CSM’s may be recorded.

            THEREFORE, BE IT RESOLVED that the Development Agreement attached hereto and incorporated herein by reference, by Ronald J. Rosen and Therese A. Wallschlaeger, as party of the first part, and the City of Oak Creek as party of the second part, be and the same is hereby approved.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 5^th day September, 2005.

                                                                        _____________________________

                                                                        President, Common Council

Approved this 5^th day of September, 2005

                                                                        _____________________________

                                                                        Mayor

ATTEST:

_________________________                      VOTE: Ayes:_____  Noes: ______

City Clerk