Could Drexel Town Square Plan Face Legal Challenge?

A public hearing and review of the plans for Drexel Town Square on Tuesday night brought about an interesting plot twist. 

An attorney representing an Oak Creek resident who opposes the plans raised legal issues pertaining to the proposed zoning for the 85-acre property at the corner of Drexel and Howell avenues. 

Attorney Joseph Cincotta said he "cautions" the city against passing a zoning ordinance that would benefit a single business—in this case, the Meijer store proposed for the east end of the property. 

He said the nature of the proposed zoning ordinance could violate state statute. The city has proposed creating a special zoning district for the property called the Drexel Town Square Mixed Use Planned Development district.

Cincotta said he agreed with his client, long-time Oak Creek resident Dan Vitek, that Meijer's inclusion in the plan is a "dramatic change" from the original plans and "raises these questions."

He didn't specify any action he will take but said he will continue to interact with the city prior to the Oak Creek Common Council vote on the plans, which is now scheduled for Aug. 5. Cincotta submitted a lengthly letter detailing his concerns to the city on Monday and spoke at the public hearing Tuesday night. 

For their part, city officials and Wispark President Jerry Franke strongly disagreed with Cincotta's assertions. 

"This ordinance being proposed is to generate the best possible real estate development for the city of Oak Creek," Franke said.

City Attorney Larry Haskin agreed and said the proposed zoning is not much different than what was done for Target or Kohl's, further south on Howell Avenue.

It's common for zoning ordinances to be written with a specific company in mind, but with the understanding that conditions and restrictions would apply to any business that develops at the site, Haskin said. 

"I'm confident that all the proper legal procedures have been followed here and what's been done here is legally correct," he said. 

Vitek said at the public hearing that plans for Drexel Town Square no longer resemble the town center originally proposed. Specifically, the Meijer store is in contrast to the uniqueness that developers and city officials have touted, he said.

"Do we need a big box store to duplicate what we already have? No," Vitek said.

Check out more coverage from Tuesday night's meeting with Patch's live blog.