ORDINANCE NO. 2292

                                                By:

AN ORDINANCE TO APPROVE A REZONING OF PORTIONS OF THE PROPERTIES LOCATED AT 9654 AND 9676 S. FOX RUN FROM Rs-3, SINGLE FAMILY RESIDENTIAL TO Rs-2, SINGLE FAMILY RESIDENTIAL

(5th Aldermanic District)

            WHEREAS, the City of Oak Creek has initiated the process for a rezoning from Rs-3, Single Family Residential to Rs-2, Single Family Residential, for a portion of the properties located at 9654 and 9676 S. Fox Run; and

            WHEREAS, the boundaries of the proposed rezoning are more precisely described as follows:

Part of the NE 1/4 of Section 29, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin to wit:

Commencing at the northwest corner of Lot 101 of the Fairfield III subdivision, thence N89º 58’ 45”W, 60.00 feet; thence S04º 04’ 31”W, 120.00 feet; thence S89º 58’ 45”E, 60.00 feet; thence N00º 04’ 31”E, 120.00 feet to the point of beginning.

            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 February 3, 2004, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing and with the favorable recommendation of the Plan Commission, the Common Council is of the opinion that the best interests of the City would be served if the rezoning was approved; and

            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 as described 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District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.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.

SECTION 5: The rezoning shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

                        Passed and adopted this 3rd day of February 2004.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of _________, 2004

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk