ORDINANCE NO. 2418
By:
AN ORDINANCE TO 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
(4th 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 & 4340 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°4919 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°1041 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°4919 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°5959 West and along the West line of Unplatted Lands, 176.60 feet to a point; Thence North 89°4915 East and along the North line of said Unplatted Lands, 405.00 feet to a point; Thence South 00°5959 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°4919 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 °1645 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°520l West, 355.90 feet to a point; Thence North 08°0759 West, 118.27 feet to a point; Thence North 77° 1516 West, 64.22 feet to a point; Thence North 08°0759 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°5216, and whose chord bears North 22°0407 West, 96.33 feet to a point of tangency; Thence North 36°00l5 West, 11.15 feet to a point; Thence South 89°4248 West, 25.67 feet to a point on the Easterly line of Unplatted Lands; Thence South 21°1645 East and along the said Easterly line of said Unplatted Lands, 97.50 feet to a point; Thence South 89°4248 West and along the South line of said Unplatted Lands, 345.62 feet to a point; Thence South 00°1715 East and along the East line of Unplatted Lands, 121.28 feet to a point; Thence South 89°4243 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°3645 East and along the said East Right-of-Way line, 17.02 feet to a point; Thence North 89°4245 East and along the North line of Unplatted Lands, 306.55 feet to a point; Thence South 00°17l5 East and along the East line of said Unplatted Lands, 200.00 feet to a point; Thence South 89°4245 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°1309, and whose chord bears South 09°2119 East, 615.27 feet to a point of tangency; Thence South 00° 1445 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 Ό Section; Thence North 89°4919 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°1041 West, 33.00 feet to a point on the North Right-of-Way line of said E. Oakwood Road; Thence North 21° 1645 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°1645 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°36l0 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°1645 East and along the Easterly line of Unplatted Lands, 1153.68 feet to a point; Thence North 89°4248 East, 25.67 feet to a point; Thence South 36°0015 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°5216, and whose chord bears South 22°0407 East, 96.33 feet to a point of tangency; Thence South 08°0759 East, 0.17 feet to a point; Thence South 77°1516 East, 64.22 feet to a point; Thence South 08°0759 East, 118.27 feet to a point; Thence North 81 °520l 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 July 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 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: 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 July, 2006.
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President, Common Council
Approved this ___ day of ____________________, 2006
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Mayor
ATTEST:
_____________________________ VOTE: Ayes _________ Noes ________
City Clerk