ORDINANCE NO. 2439

By:

AN ORDINANCE TO APPROVE A REZONING OF THE PROPERTIES AT 7581 and 7869 S. 13TH STREET from I-1, INSTITUIONAL AND rs-3, single family residential to B-3, OFFICE AND PROFESSIONAL BUSINESS

(1st Aldermanic District)

            WHEREAS, the City of Oak Creek has proposed that the properties at 7581 and 7869 S. 13th Street be rezoned from I-1, Institutional and Rs-3, Single Family Residential  to B-3, Office and Professional Business, and

            WHEREAS, the properties are more precisely described as follows:

Commencing at the northeast corner of the southeast ¼ of Section 9-5-22; thence S89º 07’ 41”W, 208.9 feet to the point of beginning of the lands to be described; thence S89º 09’ 11”W, 964.7 feet; thence S00º 03’ 42”W 2327.3 feet; thence N89º 18’ 01”E, 104.6 feet; thence S00º 08’ 15”W 270.00 feet; thence N89º 18’ 01”E, 732.7 feet; thence N00º 05’ 47”E, 5.1 feet; thence N89º18’ 02”E, 302.0 feet; thence N00º 05’ 46”E, 302.2 feet; thence S89º 23’ 46”W, 297.0 feet; thence N00º 05’ 55”E, 598.0 feet; thence N89º 23’ 46”E, 132.0 feet; thence N00º 06’ 59”E, 346.8 feet; thence N89º 13’ 30”E, 164.9 feet; thence N00º 05’ 46”E, 1138.9 feet; thence S89º 09’ 26”W, 175.7 feet; thence N00º 05’ 18”E, 208.8 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 December 5, 2006, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing and upon consideration of 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 for the lands hereinabove described.

            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 I-1, Institutional and Rs-3, Single Family Residential to B-3, Office and Professional Business 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District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.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 4: 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  ____ day of ____________, 2006.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of ____________________, 2006

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________              VOTE: Ayes _________  Noes ________

City Clerk