City of Oak Creek

Common Council Report

Meeting Date: December 6, 2005

Item No.:        

Recommendation:  That the Council adopt Ordinance No. 2380, which would conditionally rezone 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.

Background: Herget Plavisic Development LLC is requesting that the Common Council rezone 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.  This rezoning is being requested to allow for the development of The Bluffs of Oak Creek subdivision and condominium development.

A public hearing regarding the proposal was held before the Common Council on November 15, 2005.  At that meeting there was discussion regarding the placement of deed restrictions on the subdivision plat to ensure that the development taking place was consistent with the City’s vision for the area.

Accordingly, the City Attorney was asked whether deed restrictions entered into between the owner and City as a condition of approval of the rezoning could be enforced by the City.  The response (see attached) indicated that the City could rezone the property subject to certain deed restrictions that could not be amended without the consent of the City.  These deed restrictions included provisions to ensure the minimum size of homes (one-story – 2,250 s.f., two-story – 2,750 s.f.) on lots within the subdivision.  They also would restrict non ornamental fences to the same minimum building setbacks.  No above-ground swimming pools would be permitted, nor would any outbuildings be allowed.  The minimum roof pitch of the homes would be 10:12.  Side entry garages would be required where possible.

The Plan Commission has reviewed this request and recommended approval of this rezoning.

Prepared by: Doug Seymour, AICP Director of Community Development

Fiscal Review by: Beverly A. Buretta, CMC City Clerk

 Fiscal Impact:  Data has suggested that any homes constructed on the new parcels would need to have an assessed value in excess of $249,577 in order to generate revenues equal to costs.  There are no outstanding assessments on this property