ORDINANCE NO. 2368

 

                                                By:                                                         

 

AN ORDINANCE TO APPROVE A REZONING OF THE PROPERTY AT 6865 SOUTH 13TH STREET from RS-4, SINGLE FAMILY RESIDENTIAL TO RM-1, MULTIFAMILY RESIDENTIAL AND AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT for MULTIPLE FAMILY DWELLINGS IN EXCESS OF FOUR UNITS PER STRUCTURE TO THE PROPERTIES AT 6865, 6871, 6833 AND 6955 SOUTH 13TH STREET

 

(1st Aldermanic District)

 

            WHEREAS, Mark Wimmer has requested that the property at 6865 S. 13th Street be rezoned from Rs-4, Single Family Residential to Rm-1, Multi-Family Residential, and

 

            WHEREAS, this property is more precisely described as follows:

 

Parcel A (736-9000-004)

Commencing 998.70 feet South of the Northeast corner of the Southeast 1/4 of Section 6, Town 5, North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence South 175 feet to a point; thence West 275 feet to a point; thence North 175 feet to a point; thence East 275 feet to the point of beginning.

 

            WHEREAS, Mark Wimmer has also applied for a Conditional Use Permit for a multiple family dwellings in excess of four dwelling units per structure on this, and the following properties; and

 

Parcel B (736-8998-001)

Commencing 280 feet West of the Southeast corner of the North half of the Southeast 1/4 of Section 6, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence North 60 feet to a point; thence West 677.60 feet to a point; thence North 272.67 feet to a point; thence West 351.70 feet to a point; thence 332.59 feet to a point; thence East 1029.30 feet to the point of beginning.

 

Parcel C (736-9000-003)

Commencing 1173.70 feet South of the Northeast corner of the Southeast 1/4 of Section 6, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence South 97.90 feet to a point; thence West 957.60 feet to a point; thence 272.67 feet to a point; thence East 682.60 feet to a point; thence South 175 feet to a point; thence East 275 feet to the point of beginning.

 

Parcel D (736-8008-001)

Parcel 1 of CSM 5102 lying in the southeast 1/4 of Section 6, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin.

 

Parcel E (736-8009-001)

Parcel 2 of CSM 5102 lying in the southeast 1/4 of Section 6, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin.

 

            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 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 Rs-4, Single Family Residential to Rm-1, Multifamily Residential, 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 multiple family dwellings in excess of four units per structure, 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 multiple family dwellings in excess of four units per structure.

 

            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 multiple family dwellings in excess of four units per structure 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