City of Oak Creek

Common Council Report

 

Meeting Date: March 6 2007

 

Item No.:        

 

 

Recommendation:  That the Common Council approve resolution 10742-030607 conditionally approving the certified survey map for the properties at 8825 S. Howell Avenue & 155 W. Sunnyview Drive.

 

Background:  The applicant is requesting that the City approve a certified survey map (CSM) for the properties at 8825 S. Howell Avenue & 155 W. Sunnyview Drive.  The proposed CSM would move property lines so the Cornerstone Property (155 W. Sunnyview) would have a large undeveloped portion of the property.  This portion would be developed as multi-family senior condominiums, which was approved as part of the Planned Unit Development for these properties approved at the June 6, 2006 Common Council meeting.  A copy of the general development plan is included with this staff report.

 

The applicant would like this certified survey map approved so they can sell Lot 1 (The Gathering).  Staff is concerned because the site work at the rear of the building, including parking lot and access drives, has not been completed as approved.  The applicant has indicated that their accepted offer to purchase has a requirement that all site work shall be completed within six (6) months of closing.  However this does not provide any guarantees to the City that the work will be completed.  While staff does not want to hold up the CSM and pending land sale, we would like assurances that the work will be done in a timely manner, therefore staff is recommending that no building permits shall be issued for Lot 2 and no additional occupancy permits issued for the Gathering building until all improvements on Lot 1 are completed to the satisfaction of the City of Oak Creek. 

 

When reviewing land divisions or property line changes it is important that all parcels meet the requirement that 30 percent of the lot be maintained as greenspace.  With the proposed land division Lot 1 (The Gathering) will maintain 36 percent greenspace after the required parking and access drives are constructed. Lot 2 will have over 60 percent greenspace in its current state.  The applicant will need to maintain the minimum of 30 percent when they return to the Plan Commission with site, landscaping, and building plans for the senior condominiums.

 

After much deliberation, the Plan Commission recommended that the Common Council approve the certified survey map subject to the following conditions:

 

  1. That all technical corrections must be made prior to recording.
  2. That no further occupancy permits shall be issued for the Gathering building until the site improvements for Lot 1 are completed per the approved general development plan approved at the June 6, 2006 Common Council meeting.
  3. That the applicant submits a $30,000 cash deposit guarantee to the City for the required site improvements on Lot 1 to be completed by June 15, 2007.

 

The Plan Commission directed planning staff to contact City Attorney Larry Haskin to determine what the City can do to ensure the site work is completed.  Mr. Haskin stated that the two best options were to either hold the certified survey map until the site work is completed or to require that the $30,000 cash deposit is received by the City prior to the City releasing the certified survey map for recording.   The applicant would then have until June 15, 2007 to ensure the site work was completed per the approved plan.

 

Fiscal Impact:  It is anticipated that future multi-family condominium development on Lot 2 could generate up to $91,008 in development impact fees.

 

 

Prepared by:

 

 

 

Doug Seymour, AICP

Director of Community Development

Respectfully submitted,

 

 

 

Patrick DeGrave

City Administrator

 

 

Fiscal Review by:

 

 

 

Beverly A. Buretta, CMC

City Clerk