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Oak Creek council denies rezoning that residents say would open door to gas station

5681216 · August 22, 2025
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Summary

Council denied a request to rezone two parcels on South Pennsylvania Avenue to B4 General Business after the planning commission recommended denial and nearby homeowners warned that B4 zoning would allow fuel sales and threaten wells and neighborhood safety.

The Oak Creek Common Council on Aug. 19 voted to deny an ordinance that would have rezoned 7115 and 7123 South Pennsylvania Avenue from B2 Community Business and RS4 single-family to B4 General Business. The planning commission had previously recommended denial, citing neighborhood context and the increased intensity of permitted uses in B4 zoning.

Why it matters: Under B4 zoning, fuel sales are an allowable conditional use. Several residents told the council that a zoning change to B4 would be the crucial first step that would enable a gas station to be proposed later, potentially threatening private well water, air quality and traffic safety for adjacent homes.

Christie Lane, community development director, explained the zoning differences: B2 is intended to serve businesses adjacent to residential neighborhoods and excludes some high-intensity uses; B4 is intended for highway-dependent commercial uses and allows fuel sales as a conditional use. The two parcels together total about 1.1 acres; the applicant submitted a conceptual plan showing demolition of existing structures and construction of a 6,000-square-foot multi-tenant building with a 10-pump fueling station contingent on a future conditional use permit.

Resident Blanca Cervantes, who said she lives at 7131 South Pennsylvania Avenue and relies on a private well, urged the council to “vote no on this zoning change, protect the safety of our water, the value of our homes and the health of our families.” She told the council that she bought her home to “build a safe, stable future” and that a future fuel facility would pose a contamination risk to wells, increase heavy-truck traffic and depress property values.

Council members cited planning commission concerns about intensity: the commission said the B4 district’s broader range of uses would be out of scale for a corner surrounded by residences. At the council meeting, Alderman (chair) who chaired the plan meeting said commissioners believed the corner should remain at B2 to protect adjacent houses and manage traffic where Rawson narrows from four lanes to two.

Council action: A motion to deny the rezoning was made and seconded; the roll call recorded multiple ayes and the ordinance denial carried. The denial leaves the properties zoned as they were and would require any future applicant seeking a fuel station to pursue a different location or additional approvals if they later proposed a conditional use under current zoning.

Procedure and next steps: Because the planning commission recommended denial and residents filed signatures, the council considered context, plan definitions and the comprehensive plan’s commercial designation. Councilmembers said the decision preserves the lower‑intensity zoning for that hard corner and directs any developer to pursue uses consistent with adjacent residential neighborhoods.

Speakers and evidence: Christie Lane presented staff analysis; Blanca Cervantes and other residents gave public comment; the planning commission’s recommendation for denial was cited in council deliberations. The denial was adopted on Aug. 19 and will be reflected in the city zoning map.