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Council approves PUD amendment, lot splits for Oaks at 81100; allows zero setback where parking splits lots
Summary
Oak Creek Common Council adopted Ordinance 3115 to amend the Oaks at 81100 Planned Unit Development, approving a lot split that will change a five-foot side setback to zero where an existing parking lot would be bisected. The council also approved two certified survey maps to divide the development parcels.
The Oak Creek Common Council on Jan. 6 adopted Ordinance No. 3115 to amend the Planned Unit Development (PUD) conditions for the Oaks at 81100 multifamily development and approved two certified survey maps to divide parcels within the development.
The amendment changes a five-foot side setback for off-street parking to a zero-foot setback where a proposed lot line would split an existing, constructed parking lot. Council members voted to adopt the ordinance after a public hearing and a staff presentation that said construction of the development is underway and the requested change is driven by financing and lender requirements, not a change in the project's scope.
Christie Lane, community development director, told the council the project remains under construction with only two buildings left to be completed and that the request would split the existing two parcels into four parcels while ownership (The Oaks at 81100 LLC) would remain unchanged. Lane said the change is “pretty simple” and is intended to accommodate lender requirements; the Plan Commission recommended approval on Nov. 12 and staff reported no objections to date.
Applicant David (Dave) Decker of Decker Properties Inc. attended the hearing and did not register objections; Lane and council members confirmed the parking lot already exists and that deed or title considerations would be a private transaction for future buyers (title commitments/easements), not a condition the city would enforce.
Council action included adoption of Ordinance No. 3115 (amending the PUD and conditions and restrictions) and approval of two certified survey maps (Resolutions No. 12542-010725 and No. 12543-010725) to carry out the lot divisions. Roll-call votes on each measure were recorded as ayes by members present.
The council closed the public hearing after three calls for comment; no speakers from the public objected during the hearing.
What changed: the PUD conditions and restrictions will reflect a zero-foot side setback where a lot line necessarily bisects an existing parking area to enable parcel splits for financing. Ownership of the four future parcels remains the same LLC at the time of the action.
Looking ahead: council members and staff noted that if parcels are later sold separately, buyers would typically secure easements or access agreements through private title work; the city does not plan to require a deed-level condition tied to the setback change.
