ORDINANCE NO. 23962407

                                                By:

AN ORDINANCE TO APPROVE A conditional use PERMIT for a portion of the propertyies at 1075 W. NORTHBRANCH DRIVE 9441 and 9471 S. 13^th Street FOR A FOR A RESTAURANT WITH DRIVE-THROUGH FACILITIESFOR AN ANIMAL BOARDING KENNEL

(1st 1st Aldermanic District)

WHEREAS, SUE ANN MC COTTERTHE MCDONALDS CORPORATION has requested that a conditional use permit be authorized to allow for the use of a portion of the property at 1075 W. Northbranch Drive9441 and 9471 S. 13^th Street for an animal boarding facilitya restaurant with drive-through facilities, and

WHEREAS, these this propertyies are is more precisely described as follows:

Parcels 1 and 2 of Certified Survey Map No. 3818. being part of the Southeast 1/4 of Section 19, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin

Parcel 3 of Certified Survey Map 2385, being in the Southwest 1/4 of Section 5, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin, and

            WHEREAS, the Plan Commission reviewed the applications and recommended that the Conditional Use Permit be authorized and issued subject, however, to the imposition of certain conditions and restrictions on the design, construction, location and operation of the Conditional Use; and

            WHEREAS, the Common Council held a public hearing on said applications on March 21May 16, 2006, 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 Building Commissioner is hereby authorized to issue a Conditional Use Permit for an animal boarding kennela financial institution with drive-through facilities, which shall include the aforementioned conditions and restrictions.

SECTION 2: The Conditional Use is subject to the aforementioned conditions and restrictions on the design, location, construction and operation of the M-1B-4, PUD Conditional Use for a restaurant with drive-through facilitiesan animal boarding kennel.

SECTION 43: 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 54: 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 65: The approval and authorization of the issuance of a Conditional Use Permit for a restaurant with drive-through facilities animal boarding kennel 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