City of Oak Creek

Common Council Report

Meeting Date: July 5, 2006

Item No.:        2

Recommendation:  That the Council adopt Ordinance No. 2418, which would rezone part of the property at 4201 E. Fitzsimmons Road 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.

Background: Herget Plavisic Development LLC is requesting that the Common Council rezone part of the property at 4201 E. Fitzsimmons Road 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.  This rezoning is being requested to allow for the development of The Bluffs of Oak Creek subdivision and condominium development.

At the December 6, 2005 meeting, the City of Oak Creek Common Council, upon recommendation of the Plan Commission, rezoned the subject properties at 4201 and 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, 10250, 10190, and 10150 S. Chicago Road A-1, Agricultural to Rm-1, Multi-Family Residential and Rs-1, Single Family Residential.  This rezoning was conditioned upon the applicants recording deed restrictions for the subdivision within 90 days of the approval or the property would revert to its previous zoning designation, A-1, Agricultural

The applicants went forward believing the deed restrictions needed to be recorded by March 16, 2006 when in fact they needed to be recorded by March 6, 2006.  The applicants recorded the deed restrictions at Milwaukee County on March 15, 2006 which was not within the 90 day time frame thus the zoning reverted back to the original A-1, Agricultural district. 

The preliminary plat was approved by the Plan Commission at a special meeting held on December 6, 2005 and there are no changes to any of the plans for The Bluffs of Oak Creek. The applicant just has to go through the rezoning process again.  There will be no conditions on the rezoning as the deed restrictions have already been recorded at Milwaukee County.

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

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.

Prepared by: Doug Seymour, AICP Director of Community Development	Respectfully submitted, Patrick DeGrave City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk