City of Oak Creek

Common Council Report

Meeting Date:  August 6, 2007

Item No.: 3     

Recommendation:  That the Council adopt Ordinance No. 2464 amending Ordinance 2313 to extend the time of compliance for the conditional use permit affecting the properties at 6925 and 6965 S. 6^th Street.

Background:  On July 6, 2004 the Common Council adopted Ordinance 2313, approving the conditional use and corresponding conditions and restrictions for Black Diamond Paving for the properties at 6925 and 6965 S. 6th Street.  Article 11 of these conditions and restrictions required that construction must commence within twelve (12) months of the adoption of the ordinance. 

In 2005 Black Diamond requested an extension allowing for them to commence construction no later than July 1, 2007. On September 6, 2005 the Common Council approved that extension.  Black Diamond is now requesting another extension which would allow them to commence construction no later than July 1, 2009. 

The Plan Commission has reviewed this proposed amendment, and has recommended that it be approved. The Plan Commission also recommended that the Common Council further amend the conditions and restrictions to have the conditional use approval expire within 24 months after commencing construction, if the structure(s) and paved area(s) for which an approval has been used is not substantially completed.  The current conditions and restrictions only allow for twelve (12) months to substantially complete construction.

Fiscal Impact:  There is no fiscal impact associated with this change.

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