ORDINANCE NO. 2438
By:
AN ORDINANCE TO REZONE PORTIONS OF THE PROPERTIES AT 4201 E. FITZSIMMONS ROAD AND 10150 S. CHICAGO ROAD
(4th Aldermanic District)
WHEREAS, Herget Plavisic Development LLC (“the developer”) has requested that a parts of the properties at 4201 E. Fitzsimmons Road and 10150 S. Chicago Road, that are currently zoned Rs-1, Single Family Residential and Rm-1, Multifamily Residential be rezoned
WHEREAS, these properties are more precisely described as follows:
LEGAL DESCRIPTION AREA 1 (Rs-1 to Rm-1)
All that part of the Northwest 1/4 of the Southwest ¼ 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 West ¼ corner of the said Section; Thence North 89°36’10” East and along the North line of the said Southwest ¼ Section and the centerline of “E. Fitzsimmons Road”, 288.00 feet to a point; Thence South 21º17’46” East and parallel to the East Right-of-Way line of the Chicago & Northwestern Transportation Company Railroad, 1189.13 feet to the place of beginning of lands hereinafter described;
Continuing thence South 21°17’46” East and parallel to said East line, 96.69 feet to a point; Thence North 89°42’44” East and parallel to the South line of the Northwest ¼ of said Southwest ¼ Section, 31.66 feet to a point, said point hereinafter described as “Reference Point ‘A”; Thence Northwesterly 88.94 feet along the arc of a curve to the left whose radius is 200.00 feet, whose central angle is 25°28’43” and whose chord bears North 23°15’54” West, 88.21 feet to a point; Thence North 39°00’l5” West, 11.15 feet to a point; Thence South 89°42’48” West, 25.38 feet to the point of beginning of this description.
Said Parcel contains 2,973 Square Feet (or 0.0683 Acres) of land, more or less.
LEGAL DESCRIPTION AREA 2 (Rm-1 to Rs-1)
All that part of the Northwest 1/4 of the Southwest ¼ 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:
Beginning at “Reference Point ‘A” in the above description; Thence North 89°42’ 44” East and parallel to the South line of the Northwest ¼ of said Southwest 1/4 Sect 31.92 feet to a point; Thence Southeasterly 16.87 feet along the arc of a curve to the right whose radius is 180.00 feet, whose central angle is 05°22’16” and whose chord bears South 13°44’26” East, 16.87 feet to a point, said point hereinafter described as “Reference Point ‘B”; Thence North 77°15’16” West, 35.42 feet to a point; Thence North 08°07’59” West, 0.17 feet to a point; Thence Northwesterly 8.35 feet along the arc of a curve to the left whose radius is 200.00 feet, whose central angle is 02°23’35” and whose chord bears North 09°19’46” West, 8.35 feet to the point of beginning of this description.
Said Parcel contains 404 Square Feet (or 0.0093 Acres) of land, more or less.
LEGAL DESCRIPTION AREA 3 (Rs-1 to Rm-1)
All that part of the Northwest ¼ of the Southwest ¼ 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:
Beginning at “Reference Point ‘B” in the above description; Thence South 77°15’16” East, 28.80 feet to a point; Thence South 08°07’59” East, 71.13 feet to a point, said point hereinafter described as “Reference Point ‘C”; Thence South 89°25’29” West, 39.94 feet to a point; Thence Northerly 77.80 feet along the arc of a curve to the left whose radius is 180.00 feet, whose central angle is 24°45’50” and whose chord bears North 01º19’38” East, 77.19 feet to the point of beginning of this description.
Said Parcel contains 2,282 Square Feet (or 0.0524 Acres) of land, more or less.
LEGAL DESCRIPTION AREA 4 (Rm-1 to Rs-1)
All that part of the Northwest ¼ and the Southwest ¼ of the Southwest ¼ 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:
Beginning at “Reference Point ‘C’” in the above description; Thence North 89°25’29” East, 358.38 feet to a point in the East Right-of-Way line of the Chicago & Northwestern Transportation Company Railroad; Thence South 81°52’0l” West, 355.26 feet to a point; Thence North 08°07’59” West, 47.17 feet to the point of beginning of this description.
Said Parcel contains 8,373 Square Feet (or 0.1922 Acres) of land, more or less
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 December 5, 2006, at which time all interested parties appeared and were heard; and
WHEREAS, the developers have recorded deed restrictions (see Exhibit A) which, at a minimum require:
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.
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 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: 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.
Passed and adopted this 5th day of December, 2006.
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President, Common Council
Approved this ___ day of ____________________, 2006
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Mayor
ATTEST:
_____________________________ VOTE: Ayes _________ Noes ________
City Clerk