conditional use for horses

ORDINANCE NO. 2380

By:

AN ORDINANCE TO CONDITIONALLY REZONE THE PROPERTIES AT 4201 E. FITZSIMMONS ROAD, 4340 & 4440 E. OAKWOOD ROAD, AND 10150, 10190, & 10250 S. CHICAGO ROAD FROM A-1, AGRICULTURAL TO Rs-1, single family residential and rm-1, multi-family residential

(4^th Aldermanic District)

WHEREAS, Herget Plavisic Development LLC (“the developer”)has requested that a part of the property at 4201 E. Fitzsimmons Road be rezoned from A-1, Agricultural to Rm-1, Multifamily Residential, and the properties at 10250, 10190 and 10150 S. Chicago Road, as well as a part of 4201 E. Fitzsimmons Road and 4440 E. Oakwood Road from A-1, Agricultural to Rs-1, Single Family Residential.

WHEREAS, these properties are more precisely described as follows:

All that part of the Northwest 1/4, Southwest 1/4 and Southeast 1/4 of the Southwest 1/4 of Section 25, Town 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin, now being more particularly bounded and described as follows:

Commencing at the Southwest corner of the said Southwest 1/4 Section; Thence North 89°49’19” East and along the South line of the said Southwest 1/4 Section and the centerline of “E. Oakwood Road”, 319.39 feet to a point; Thence North 00°10’41” West, 33.00 feet to a point on the North Right-of-Way line of said “E. Oakwood Road” and the place of beginning of lands hereinafter described;

Thence North 89°49’19” East and along the said North Right-of-Way line being parallel to and at a right angle distance of 33.00 feet from the said South line of the said Southwest 1/4 Section, 496.56 feet to a point; Thence North 00°59’59” West and along the West line of Unplatted Lands, 176.60 feet to a point; Thence North 89°49’15” East and along the North line of said Unplatted Lands, 405.00 feet to a point; Thence South 00°59’59” East and along the East line of said Unplatted Lands, 176.61 feet to a point on the said North Right-of-Way line of said “E. Oakwood Road”; Thence North 89°49’19” East and along the said North Right-of-Way line being parallel to and at a right angle distance of 33.00 feet from the said South line of the said Southwest 1/4 Section, 547.65 feet to a point; Thence North 21 °16’45” West and along the Westerly Right-of-Way line of the “Chicago and Northwestern Transportation Company” Railroad, 1416.73 feet to a point; Thence South 81°52’0l” West, 355.90 feet to a point; Thence North 08°07’59” West, 118.27 feet to a point; Thence North 77° 15’16” West, 64.22 feet to a point; Thence North 08°07’59” West, 0.17 feet to a point of curvature; Thence Northwesterly 97.29 feet along the arc of a curve, whose center lies to the Southwest, whose radius is 200.00 feet, whose central angle is 27°52’16”, and whose chord bears North 22°04’07” West, 96.33 feet to a point of tangency; Thence North 36°00’l5” West, 11.15 feet to a point; Thence South 89°42’48” West, 25.67 feet to a point on the Easterly line of Unplatted Lands; Thence South 21°16’45” East and along the said Easterly line of said Unplatted Lands, 97.50 feet to a point; Thence South 89°42’48” West and along the South line of said Unplatted Lands, 345.62 feet to a point; Thence South 00°17’15” East and along the East line of Unplatted Lands, 121.28 feet to a point; Thence South 89°42’43” West and along the South line of said Unplatted Lands, 313.57 feet to a point on the East Right-of-Way line of “S. Chicago Road” (S.T.H. “32”); Thence South 24°36’45” East and along the said East Right-of-Way line, 17.02 feet to a point; Thence North 89°42’45” East and along the North line of Unplatted Lands, 306.55 feet to a point; Thence South 00°17’l5” East and along the East line of said Unplatted Lands, 200.00 feet to a point; Thence South 89°42’45” West and along the South line of said Unplatted Lands, 228.40 feet to a point on the said East Right-of-Way line of said “S. Chicago Road” (S.T.H. “32”); Thence Southeasterly 617.87 feet along the said East Right-of-Way line and the arc of a curve, whose center lies to the Southwest, whose radius is 1943.08 feet, whose central angle is 18°13’09”, and whose chord bears South 09°21’19” East, 615.27 feet to a point of tangency; Thence South 00° 14’45” East and along the said East Right-of-Way line, 466.28 feet to the point of beginning of this description. Said Parcel contains 1,532,903 Square Feet, AND

All that part of the Northwest 1/4, Northeast 1/4 and Southeast 1/4 of the Southwest 1/4 and the Northwest 1/4 and Southwest 1/4 of the Southeast 1/4 of Section 25, Town 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin now being more particularly bounded and described as follows:

Commencing at the Southwest corner of the said Southwest 1/4 Section; Thence North 89 ° 49' 19" East and along the South line of the said Southwest 1/4 Section and the centerline of "E. Oakwood Road", 1982.98 feet to a point; Thence North 00°10'41" West, 33.00 feet to a point on the North Right-of-Way line of said "E. Oakwood Road" and to the place of beginning of lands hereinafter described;

Thence North 89°49'19" East and along the said North Right-of-Way line being parallel to and at a right angle distance of 33.00 feet from the said South line of the said Southwest 1/4 Section, 666.76 feet to a point; Thence North 89°49'27" East and along the said North Right-of-Way line being parallel to and at a right angle distance of 33.00 teet from the South line of the said Southeast 1/4 Section, 580.37 teet to a point; Thence North 00°47'16" East and along the West line of unplatted lands, 1661.05 feet to a point; Thence South 89°49'24" West and along the South line ot said unplatted lands, 580.84 teet to a point on the West line of the said Southeast 1/4 Section (also being the East line of the said Southwest 1/4 Section); Thence North 00°45'12" East and along the said West line of the said Southeast 1/4 Section (also being the said East line of the said Southwest 1/4 Section), 927.13 feet to a point on the South Right-of-Way line of "E. Fitzsimmons Road"; Thence South 89°36'10" West and along the said South Right-of-Way line being parallel to and at a right angle distance of 33.00 feet from the North line of the said Southwest 1/4 Section, 1705.47 feet to a point; Thence South 21 °16'45" East and along the Easterly Right-of-Way line of the "Chicago and Northwestern Transportation Company" Railroad, 2766.82 feet to the point of beginning of this description. Said Parcel contains 4,031,655 Square Feet.

WHEREAS, the developer has requested that the property 4201 E. Fitzsimmons be rezoned from A-1, Agricultural to Rm-1, Multi-Family Residential, and

WHEREAS, these properties are more precisely described as follows:

All that part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 25, Town 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin, now being more particularly bounded and described as follows:

Commencing at the Southwest corner of the said Southwest ¼ Section; Thence North 89°49’19” East and along the South line of the said Southwest 1/4 Section and the centerline of “E. Oakwood Road”, 1768.60 feet to a point; Thence North 00°10’41” West, 33.00 feet to a point on the North Right-of-Way line of said “E. Oakwood Road”; Thence North 21° 16’45” West and along the Westerly Right-of-Way line of the “Chicago and Northwestern Transportation Company” Railroad, 1416.73 feet to the place of beginning of lands hereinafter described;

Continuing thence North 21°16’45” West and along the said Westerly Railroad Right-of- Way line, 1349.21 feet to a point on the South Right-of-Way line of “E. Fitzsimmons Road”; Thence South 89°36’l0” West and along the said South Right-of-Way line being parallel to and at a right angle distance of 33.00 feet from the North line of the said Southwest 1/4 Section, 429.18 feet to a point; Thence South 21°16’45” East and along the Easterly line of Unplatted Lands, 1153.68 feet to a point; Thence North 89°42’48” East, 25.67 feet to a point; Thence South 36°00’15” East, 11.15 feet to a point of curvature; Thence Southeasterly 97.29 feet along the arc of a curve, whose center lies to the Southwest, whose radius is 200.00 feet, whose central angle is 27°52’16”, and whose chord bears South 22°04’07” East, 96.33 feet to a point of tangency; Thence South 08°07’59” East, 0.17 feet to a point; Thence South 77°15’16” East, 64.22 feet to a point; Thence South 08°07’59” East, 118.27 feet to a point; Thence North 81 °52’0l” East, 355.90 feet to the point of beginning of this description. Said Parcel contains 540,064 Square Feet.

WHEREAS, the Plan Commission reviewed the application and recommended that the rezoning be approved; and

WHEREAS, the Common Council held a public hearing on said application on November 15, 2005, at which time all interested parties appeared and were heard; and

WHEREAS, at the public hearing, the developer’s representative stated on the record that the developer is willing to agree to the following deed restrictions being recorded:

1. Minimum house size (1 story) – 2,250 sf

2. Minimum house size (> 1 story) – 2,700 sf

3. Ornamental fencing proposed as a decorative feature of the Lot landscaping shall be allowed. Any fencing proposed with the intention of enclosing a portion of a Lot shall require subdivision Architectural Control Committee (ACC) approval and all approved fencing must meet minimum building setback requirements per the City of Oak Creek Zoning.

4. No above-ground swimming pools are permitted.

5. All Lots shall be allowed one driveway approach to a public street. Any exceptions to this rule to allow for circle drives may be allowed upon approval of the ACC and City of Oak Creek, but only on Lots with total public street frontage greater than One Hundred and Forty (140) feet.

6. Each residence on all Lots except for Lot #20 shall have a garage for not less than three cars attached to the residence containing a minimum of 600 square feet. All garages shall be oriented to not directly face upon a public street except for corner lots. No garages may directly face a public street without prior approval by the ACC and the City of Oak Creek.

7. A residence shall have a roof made of wood shakes, tile, natural slate, dimensional shingles (with warranty greater than or equal to 25 years), or artificial slate as approved by the ACC, with a minimum pitch of 10:12 for the main roof. Lesser pitches will be allowed at the discretion of the ACC for architectural features such as dormers, etc. All exterior surfaces of the buildings shall be of natural materials (under this requirement, fiber cement siding is considered a natural material along with brick and other similar manufactured products). Vinyl and aluminum siding shall be prohibited.

WHEREAS, the developer further agreed that the deed restrictions shall be binding upon successors and assigns, that the deed restrictions not be modified without the consent of the City of Oak Creek and that the terms of the deed restrictions may be enforceable by the City of Oak Creek by way of an action in Milwaukee County Circuit Court.

WHEREAS, following said public hearing the Common Council is of the opinion that the best interests of the City would be served if the rezoning was approved, and the aforementioned minimum deed restrictions recorded.

NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: To promote the general welfare, public safety and general planning within the City of Oak Creek, the lands hereinabove described are hereby rezoned from A-1, Agricultural to Rs-1, Single Family Residential and Rm-1, multi-family residential, and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: All ordinances or parts of ordinances and Zoning District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.

SECTION 3: This ordinance is conditioned on and will become effective upon the developer recording with Milwaukee County Register of Deeds office the following minimum deed restrictions within 90 days of the enactment of this ordinance:

1. Minimum house size (1 story) – 2,250 sf

2. Minimum house size (> 1 story) – 2,700 sf

4. No above-ground swimming pools are permitted.

The lands being rezoned to Rs-1 shall be subject to the requirements of said deed restrictions.

A copy of the recorded deed restrictions shall be attached to this ordinance and incorporated into this ordinance by reference.

SECTION 4: In the event that the developer fails to record the deed restrictions with the Milwaukee County Register of Deeds and fails to provide a copy of the recorded deed restrictions to the City Clerk within 90 days of the adoption of this ordinance, the zoning of all the property shall remain A-1, Agricultural zoning.

SECTION 5: The several sections of this ordinance are declared to be severable. If any section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of other provisions of this ordinance.

SECTION 6: The rezoning of this shall take effect upon its passage and publication and upon the recording of the above referenced deed restrictions and upon providing a copy of the recorded deed restrictions within 90 days of the adoption of this ordinance. Failure to comply with these conditions shall result in the zoning of these properties remaining A-1, Agricultural.

Passed and adopted this ____ day of ____________, 2005.

________________________________

President, Common Council

Approved this ___ day of ____________________, 2005

________________________________

Mayor

ATTEST:

_____________________________ VOTE: Ayes _________ Noes ________

City Clerk