AT 8825 S. HOWELL AVENUE AND 155 W. SUNNYVIEW DRIVE

(6th Aldermanic District)

WHEREAS, on June 6, 2006 the Common Council adopted Ordinance No. 2410, approving a rezoning of the properties at 8825 S. Howell Avenue And 155 W. Sunnyview Drive

from Rm-1,CU Multifamily Residential to Rm-1, PUD multifamily residential (planned unit development), and

WHEREAS, these properties are more precisely described as follows:

Lot 1 and Lot 2 of Certified Survey Map Number 7899 located in the Northeast ¼ of the Northeeast ¼ of Section 20, Township 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin, and

WHEREAS, Section 9 of the conditions and restrictions adopted pursuant to Ordinance No. 2410 stated that the operator of the PUD use shall begin installing or constructing the elements required in these conditions and restrictions for the PUD within twelve (12) months from the date of adoption of the ordinance authorizing the issuance of a conditional use permit. This conditional use approval shall expire within twelve (12) months after commencing construction, if the structure(s) for which an approval has been issued is not substantially completed. The applicant shall re-apply for a PUD approval, prior to recommencing work or construction, and

WHEREAS, the applicant is requesting that this Section of the conditions and restrictions adopted pursuant to Ordinance No. 2410 be amended to allow for an additional 12 months to commence construction, and an additional 18 months to substantially complete construction, and

WHEREAS, the Plan Commission has reviewed this proposal and has recommended that the Planned Unit Development ordinance be adopted which would allow an additional 12 months to commence construction and 18 months to substantially complete construction (after a public hearing) with the condition that the dirt pile is removed by February 1, 2008, and

WHEREAS, the Common Council held a public hearing on said application on December 4, 2007 at which time all interested parties appeared and were heard; and

WHEREAS, following said public hearing and upon 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 Planned Development rezoning was amended for the lands hereinabove described, subject, however, to the imposition of certain conditions and restrictions on the design, construction, location and operation of the Planned Development, as well as the removal of the topsoil pile on the property by February 1, 2008.

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, Section 9 of the conditions and restrictions adopted pursuant to Ordinance No. 2410 affecting the lands hereinabove described, are amended to read as follows:

“The operator of the PUD use shall begin installing or constructing the elements required in these conditions and restrictions for the PUD within twelve (12) months from the date of adoption of the ordinance authorizing the planned unit development. This approval shall expire within eighteen (18) months after commencing construction, if the structure(s) for which an approval has been issued is not substantially completed. The applicant shall re-apply for PUD approval, prior to recommencing work or construction. “

SECTION 2: The Planned Development is subject to the aforementioned conditions and restrictions on the design, construction and operation of the Rm-1 PUD (Residential Planned Unit Development). Any substantial changes to the General Development Plan shall be subject to approval by the Common Council.

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 amendment shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

Passed and adopted this 4th day of December, 2007.

________________________________

President, Common Council

Approved this 4th day of December, 2007

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Mayor

ATTEST:

VOTE: Ayes _____ Noes _____

City Clerk