City of Oak Creek

Common Council Report

Meeting Date: August 21, 2007

Item No.:

Recommendation:  That the Council adopt Ordinance No. 2468 amending Section 17.0332(f)(2) of the Municipal Code regarding minimum setbacks for principal non-residential structures in the South 27th Street Mixed Use Neighborhood Overlay zoning district.

Background:  During a recent Plan Commission review of site and building plans for a multi-tenant retail and office building at 8930 S. 27th Street, it was pointed out that Section 17.0332(f)(2) of the Municipal Code required a maximum front setback of 5 feet from the right of way for all commercial and multiunit residential uses in the 27th Street Mixed Use Neighborhood Overlay zoning.  This conflicted with staff’s recollection of the standards that were put in place in 2005 as part of the adoption of overlay districts for the corridor.  It also conflicted with a similar zoning designation across the street in the City of Franklin (which actually requires a minimum of 40 feet).  While the initial draft of the zoning for this area did have a five (5) foot setback, the Common Council amended that draft. Under the amended version the proposed setback was supposed to be twenty-five (25) feet but for some reason it was not included in the adopted ordinance. 

It is therefore being requesting that the S. 27th Street Mixed Use Neighborhood Overlay Zoning District be amended to reflect the twenty-five (25) foot setbacks originally intended by the Common Council in 2005.

The Plan Commission has reviewed this proposed amendment, and has recommended its approval.

Fiscal Impact:  none

Prepared by:                                                   Respectfully Submitted,

Doug Seymour, AICP                                     Patrick DeGrave

Director of Community Development             City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk