City of Oak Creek

Common Council Report

Meeting Date: March 20, 2007

Item No.:        

Recommendation:  That the Council adopt Resolution No. 10741-030607 approving the final plat for the Emerald Meadows Addition #2 subdivision.  

Background:  The applicant is requesting approval of the final plat for the Emerald Meadows Addition No. 2 subdivision located at 10625 & 10590 S. Emerald Meadows Drive and 3600R, 3660R & 3620R E. Elm Road. The final plat will create 49 lots in Rs-2, Single Family residential zoning district.  The preliminary plat was approved at the August 24, 2004 Plan Commission.  Lots in this district require a minimum lot area of 17,000 square feet and a minimum lot width of 100 feet (110 for corner lots).  Each of these lots exceeds this requirement.

The final plat substantially conforms to the preliminary plat. The public improvements have been certified as complete by the Engineering Department, the Streets Department, and the Water and Sewer Utility.   The approved grading plan for this development featured flood volume compensation areas which allowed them to move the flood fringe boundary lines as allowed under Section 17.0323 of the Zoning Ordinance.  Since the boundaries have changed, staff has asked the applicants to apply for a rezoning to reflect the new location of the FF, Flood Fringe zoning district.  The rezoning was approved by the Common Council at the March 6, 2007 meeting.

The Plan Commission has reviewed the final plat and has recommended its approval.

The Common Council directed this item held at the March 6, 2007 meeting so the City Attorney could look into whether there are any legal issues with approving a final plat when there are liens against the improvements in the subdivision.  As of the writing of this report, a legal opinion was not completed however the City Attorney informed Planning staff that the opinion would be forthcoming and would be provided to the Common Council in advance of the meeting. 

Fiscal Impact:  This subdivision will generate $121,471 in impact and development fees as permits are issued for homes to be built on these lots.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk