revised

ORDINANCE NO. 2244

                                                By:_________________________

AN ORDINANCE TO APPROVE A REZONING

FROM B-4, HIGHWAY BUSINESS, CU TO M-1 MANUFACTURING AND

AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT

FOR TRUCK ENGINE REPAIR FOR A PORTION OF THE PROPERTY AT

840 WEST RYAN ROAD

(6th Aldermanic District)

            WHEREAS, Ryan Road Storage, LLC has applied for a rezoning from B-4, Highway Business CU (Marine Sales and Service) to M-1 Manufacturing; and

            WHEREAS, this property is more precisely described as follows:

All that part of the SW 1/4 of Section 20, T5N, R22E, City of Oak Creek, Milwaukee County, Wisconsin bounded and described as follows:  Commencing at the southeast corner of said SW 1/4; thence N 89°58’40”W along the south line of said SW 1/4, 547.36 feet to a point on the westerly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad right of way; thence N 02°09’36” E along said right of way line 75.05 feet to a point on the northerly right of way line of W. Ryan Road (S.T. H. 100) and the place of beginning of the lands hereinafter described; thence N 89°58’40” W along said northerly right of way line 306.80 feet; thence N 00°09’ 51” E 530.00 feet; thence S 89°59” 16” E 325.55 feet to a point; thence S 00°09’ 36” W along said right of way line 530.37 feet to the place of beginning. Containing an area of 167,644 square feet (3.84 acres)

WHEREAS, Ryan Road Storage, LLC has also applied for a conditional use permit for truck engine repair on a portion of this property; and

            WHEREAS, the Plan Commission reviewed the applications and recommended that the rezoning be approved and the conditional use permit be authorized and issued; and

WHEREAS, the Plan Commission had recommended that if the application for issuance of the conditional use permit was approved and authorized, it should be subject to the imposition of certain conditions and restrictions upon the construction, location and operation of this conditional use and which conditions and restrictions are incorporated by reference into the conditional use permit; and

            WHEREAS, the Common Council held a public hearing on said applications on April 15, 2003, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing the Common Council is of the opinion that the best interests of the City would be served if the conditional use permit was approved and authorized for the lands hereinabove described, subject, however, to the imposition of certain conditions and restrictions on the design, construction, location and operation of the conditional use.

            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 B-4, Highway Business to M-1 Manufacturing, and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: To promote the general welfare, public safety and general planning within the City of Oak Creek, the Building Commissioner is hereby authorized to issue a conditional use permit for truck engine repair in the M-1, Manufacturing District, which shall include the aforementioned conditions and restrictions.

SECTION 3: The Conditional Use is subject to the aforementioned conditions and restrictions on the design, location, construction and operation of the M-1 conditional use for truck engine repair.

SECTION 4: 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 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 approval and authorization of the issuance of a conditional use permit for truck engine repair shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

                        Passed and adopted this ____ day of ____________, 2003.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of ____________, 2003

                                                ________________________________

                                                                        Mayor

ATTEST:

                  VOTE: Ayes  Noes _______

City Clerk