ORDINANCE NO. 2367

 

                                                By:                                                         

 

AN ORDINANCE TO APPROVE A REZONING PORTIONS OF THE PROPERTIES AT 6800, 6840 AND 6868 SOUTH 27TH STREET from B-2, COMMUNITY BUSINESS, RS-4, SINGLE FAMILY RESIDENTIAL AND RD-1, TWO-FAMILY RESIDENTIALTO B-4, HIGHWAY BUSINESS AND AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT for A LUMBER YARD WITH OUTDOOR STORAGE

 

(2nd Aldermanic District)

 

            WHEREAS, Menard, Inc., has requested that the properties at 6800, 6840 and 6868 South 27th Street be rezoned from B-2, Community Business, Rs-4, Single Family Residential and Rd-1, Two-family Residential to B-4, Highway Business, and

 

            WHEREAS, these properties are more precisely described as follows:

 

BEING PART OF THE NORTHWEST 1/4 AND NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, TOWN 5 NORTH. RANGE 22 EAST, IN THE CITY OF OAK CREEK, MILWAUKEE COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE NORTHWEST CORNER OF SAID 1/4 SECTION; THENCE SOUTH 00Ί06’34” WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 SECTION 39.44 FEET TO A POINT; THENCE NORTH 88°43’03” EAST 80.02 FEET TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED, SAID POINT BEING ON THE EAST LINE OF SOUTH 27TH STREET AND THE SOUTHWEST CORNER OF LOT 5 IN CEDAR HILLS ADDITION NO. 3; THENCE NORTH 88°43’03” EAST ALONG SAID SOUTH LINE AND SOUTH LINE OF CEDAR HILLS ADDITION NO. 2 A DISTANCE OF 1380.29 FEET TO A POINT; THENCE SOUTH 00°15’30” WEST 1.07 FEET TO A POINT; THENCE SOUTHWESTERLY 371.61 FEET ALONG THE ARC OF A CURVE WHOSE CENTER LIES TO THE NORTHWEST, WHOSE RADIUS IS 970.08 FEET AND WHOSE CHORD BEARS SOUTH 11°13’57” WEST 369.34 FEET TO A POINT ON THE EAST LINE OF CERTIFIED SURVEY MAP NO. 6304; THENCE SOUTH 22°14’31” WEST ALONG SAID EAST LINE 122.95 FEET TO A POINT; THENCE SOUTHWESTERLY 108.13 FEET ALONG SAID EAST LINE AND THE ARC OF A CURVE WHOSE CENTER LIES TO THE SOUTHEAST, WHOSE RADIUS IS 710.00 FEET AND WHOSE CHORD BEARS SOUTH 17°48’37” WEST 108.03 FEET TO A POINT; THENCE SOUTH 14°26’12” WEST ALONG SAID EAST LINE 5.85 FEET TO A POINT; THENCE NORTH 88°46’12” EAST ALONG SAID EAST LINE 153.44 FEET TO A POINT; THENCE SOUTH 01°13’48” EAST ALONG SAID CERTIFIED SURVEY MAP 174.94 FEET TO A POINT; THENCE NORTH 88°46’14” EAST ALONG SAID CERTIFIED SURVEY MAP 782.95 FEET TO A POINT AT THE NORTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO. 129; THENCE SOUTH 00° 15’09” WEST ALONG THE WEST LINE OF SAID LOT 1 AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 6 A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 1 OF SAID CERTIFIED SURVEY MAP NO. 129; THENCE NORTH 88°46’14” EAST ALONG SAID SOUTH LINE 179.98 FEET TO A POINT ON THE WEST LINE OF SOUTH 20TH STREET; THENCE SOUTH 00° 15’09” WEST ALONG SAID EAST LINE 39.80 FEET TO A POINT; THENCE NORTH 88°43’34” EAST 5.00 FEET TO A POINT ON THE WEST LINE OF SAID SOUTH 20TH STREET; THENCE SOUTH 00°15’09” WEST ALONG SAID WEST LINE 296.27 FEET TO A POINT AT THE NORTHEAST CORNER OF CERTIFIED SURVEY MAP NO. 5886; THENCE SOUTH 88°58’16” WEST ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP AND

 

 

PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST Ό OF SECTION 6 A DISTANCE OF 2352.55 FEET TO A POINT ON THE EAST LINE OF SOUTH 27TH STREET; THENCE NORTH 00°06’34” EAST ALONG SAID EAST LINE 286.19 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT 3 OF CERTIFIED SURVEY MAP NO. 6304; THENCE NORTH 88°43’34” EAST ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 236.93 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 01°15’59” WEST ALONG THE EAST LINE OF SAID LOT 3 FOR A DISTANCE OF 441.62 FEET TO A POINT MARKING THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 88°44’0l” WEST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF 166.33 FEET TO A POINT; THENCE SOUTH 00°06’34” WEST ALONG SAID NORTH LINE 20.00 FEET TO A POINT; THENCE SOUTH 88°44’Ol” WEST ALONG SAID NORTH LINE 60.00 FEET TO A POINT ON THE EAST LINE OF SOUTH 27TH STREET; THENCE NORTH 00°06’34” EAST ALONG SAID EAST LINE 75.02 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NO. 6304; THENCE NORTH 88°44’01” EAST ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 225.00 FEET TO A POINT; THENCE NORTH 01°15’59” WEST ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF 208.39 FEET TO A POINT; THENCE SOUTH 88°44’01” WEST ALONG THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 220.00 FEET TO A POINT ON THE EAST LINE OF SOUTH 27TH STREET; THENCE NORTH 00°06’34” EAST ALONG SAID EAST LINE 192.47 FEET TO THE POINT OF BEGINNING.  EXCEPT THE EASTERLY 970 FEET AND THE WESTERLY 300 FEET THEREOF.

 

            WHEREAS, Menard, Inc. has also applied for a Conditional Use Permit for a lumber yard with outdoor storage on this property; and

 

            WHEREAS, the Plan Commission reviewed the applications and recommended that the rezoning be approved and the Conditional Use Permit not be authorized and issued; and

 

            WHEREAS, the Common Council held a public hearing on said applications on August 16, 2005, 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-2, Community Business, Rs-4, Single Family Residential and Rd-1, Two-family Residential to B-4, Highway Business, 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 a lumber yard with outdoor storage in the B-4, Highway Business 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 B-4 Conditional Use for a lumber yard with outdoor storage.

 

            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 a lumber yard with outdoor storage 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 ____________, 2005.

 

                                                                        ________________________________                                                               

                                                                        President, Common Council

 

Approved this ___ day of ____________________, 2005

 

                                                ________________________________

                                                                        Mayor

 

ATTEST:

 

 

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk