ORDINANCE NO. 2416

 

BY: ________________________________

 

AN ORDINANCE TO ESTABLISH A MORATORIUM UPON DEVELOPMENT UPON PROPERTIES IN THE VICINITY OF INTERSTATE 94 AND WEST DREXEL AVENUE

(1st and 2nd Aldermanic District)

 

WHEREAS, A significant number of the properties in the vicinity of Interstate 94 and West Drexel Avenue are undeveloped or partially developed; and

 

WHEREAS, these properties are currently zoned a mix of residential and institutional zoning and the official maps for these properties illustrate future street patterns in accordance with the current zoning; and

 

WHEREAS, the Planned Land Use Map adopted by the City of Oak Creek as part of the current Comprehensive Plan illustrates these properties as a mix of different residential and institutional land uses; and

 

WHEREAS, recent plans presented by the Wisconsin Department of Transportation as part of the I-94 north-south corridor study illustrate a future interchange of Interstate 94 at West Drexel Avenue; and

 

WHEREAS, the adoption of the 27th Street Corridor Plan, the 27th Street Urban Village and Implementation Plans, as well as recent development activity in the area has led to questions as to the appropriateness of the current land use designations, zoning and officially mapped streets; and

 

WHEREAS, development in accordance with those existing land use plan and zoning may not be in the best interest of the neighborhood, the entire City of Oak Creek, and Milwaukee County; and

 

WHEREAS, the Oak Creek Plan Commission has determined that it is in the best interest of the City to reevaluate plans for this area and has recommended that a six month moratorium on rezoning, land division and site plan review be imposed on the lands within in this area.

 

WHEREAS, the Common Council having determined that the enacting of a moratorium to allow for the reevaluation of zoning and land use as it pertains to the lands specifically within the area as depicted in Exhibit A is reasonable under all of the circumstances and necessary to further the health, safety and welfare of the community.

 

NOW, THEREFORE, the Mayor and Common Council of the City of Oak Creek, Wisconsin, do ordain as follows:

 

SECTION 1: There is hereby enacted and established a moratorium upon any development of lands within the vicinity of Interstate 94 and West Drexel Avenue as more specifically described and depicted upon Exhibit A annexed hereto, and specifically, such moratorium shall apply to any new application for any development, including: a building permit approval, a site plan approval, a rezoning approval, a conditional use approval, a planned development district approval and/or a land division approval. This moratorium shall apply to any and all such applications made and filed during the term of this moratorium. The moratorium shall expire upon the earlier of December 20, 2006 or the effective date of the completion of any planning regulation and/or zoning legislation as so set forth and adopted by the Common Council of the City of Oak Creek for the purposes set forth in the preamble to these matters ordained and pertaining to such lands described above, by, within and for the City of Oak Creek.

 

SECTION 2: Special exceptions to this moratorium may be authorized by the Common Council after recommendation from the Plan Commission, in instances where there has been a demonstrated hardship and a compelling public interest and circumstances of necessity or fairness and equity for considering or approving the request prior to the expiration date of the moratorium exist upon the requestor’s proof. Granting of such exceptions shall be made in the sole discretion of the Common Council.

 

SECTION 3:  The terms and provisions of this Ordinance are severable.  Should any term or provision of this Ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.

 

SECTION 4:     All ordinances and parts of ordinances in contravention to this Ordinance are hereby repealed.

 

SECTION 5:     This Ordinance shall take effect and be in force from its passage and publication.

 

Introduced this 20th day of June, 2006.

 

 

 

                                                                                    ____________________________________

                                                                                    President, Common Council

 

Approved this ______ day of __________________, 2006.

 

 

                                                                                    ____________________________________
ATTEST:                                                                      Mayor

 

 

__________________________________                VOTE:             Ayes_____      Noes______
City Clerk