ORDINANCE NO. 2479

By:

AN ORDINANCE TO ESTABLISH A conditional use PERMIT for the propertIES AT 9000 and 9100 s. nicholson road ALLOW FOR A LANDSCAPING CONTRACTOR’S SHOP WITH OUTDOOR STORAGE OF VEHICLES, MATERIAL AND EQUIPMENT AND THE OUTDOOR STORAGE OF NO MORE THAN FIFTY (50) RECREATIONAL VEHICLES, TRAILERS, OR BOATS

(3rd Aldermanic District)

            WHEREAS, Peter Gustin Sr., on behalf of The Green Man Wood Services, has requested that the conditional use permit be issued for the properties at 9000 and 9100 S. Nicholson Road to allow for a landscaping contractor’s shop with outdoor storage of vehicles, materials, and equipment and the outdoor storage of no more than fifty (50) recreational vehicles, trailers, or boats: and

            WHEREAS, this properties are more precisely described as follows:

COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF SECTION 22-5-22 THENCE NORTH 502.61 FEET, THENCE EAST 522.19 FEET; THENCE SOUTHEASTERLY ALONG THE WESTERLY R-O-W LINE TO THE SOUTH ¼ SECTION LINE; THENCE WEST 587 FEET TO POINT OF BEGINNING. CONTAINING 6.404 ACRES and

COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ¼ OF SECTION 22-5-22 THENCE SOUTH 21.68 FEET; THENCE SOUTHEASTERLY 383.24 FEET; THENCE SOUTHEASTERLY 200.95 FEET; THENCE EAST 369.68 FEET; THENCE NORTHEASTERLY 587.80 FEET ALONG THE WEST LINE OF RAILROAD R-O-W; THENCE WEST TO POINT OF BEGINNING, SUBJECT TO AND INCLUDING EASEMENT. CONTAINING 5.95 ACRES.

            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 November 6, 2007, 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 amendment to 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 the Conditional Use Permit for a landscaping contractor’s shop with outdoor storage of vehicles, materials, and equipment and the outdoor storage of no more than fifty (50) recreational vehicles, trailers, or boats, 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-1 Conditional Use for outdoor storage of vehicles and equipment.

SECTION 3: 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 4: 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 5: The approval and authorization of the issuance of a Conditional Use Permit for outdoor storage of vehicles and equipment 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 ____________, 2007.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of ____________________, 2007

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk