ORDINANCE NO. 2463
By: __________________________
AN ORDINANCE TO APPROVE A REZONING
FROM M-1, MANUFACTURING AND B-4, HIGHWAY BUSINESS TO THE B-4, HIGHWAY BUSINESS AND M-1, MANUFACTURING PUD (PLANNED UNIT DEVELOPMENT) DISTRICT AT 6440 AND 6466 S. 13TH STREET
(1st Aldermanic District)
WHEREAS, Wisco Hotel Group has applied for a rezoning from B-4, Highway Business and M-1, Manufacturing to the B-4, Highway Business/M-1, Manufacturing PUD (Planned Unit Development) District; and
WHEREAS, these properties are more precisely described as follows:
6466 S. 13th:
That part of the north 15 acres of the south 80 acres of the northwest ¼ of Section 5, Township 5 north, Range 22 east, lying west of the railroad right–of-way. Containing 10 acres.
6440 S. 13th Street:
That part of the south 15 acres of the north 65 acres of the northwest ¼ of section 5, Township 5 north, Range 22 east, lying west of the railroad right-o-way. Containing 8.454 acres.
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 July 17, 2007 at which time all interested parties appeared and were heard; and
WHEREAS, following said public hearing and with 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; and
WHEREAS, the Plan Commission had recommended that the application be approved subject, however, to the imposition of certain conditions and restrictions upon the construction, location and operation of this Planned Development and which conditions and restrictions are incorporated by reference into this ordinance; 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 approved 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.
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 B-4, Highway Business and M-1, Manufacturing to the B-4, Highway Business/M-1, Manufacturing PUD (Planned Unit Development) District and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.
SECTION 2: The Planned Development is subject to the aforementioned conditions and restrictions on the design, construction and operation of the B-4/M-1 PUD (Highway Business/Manufacturing Planned Unit Development). The General Development Plan attached thereto is hereby approved. 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 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 ____, 2007
________________________________
President, Common Council
Approved this ___ day of ____, 2007
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Mayor
ATTEST:
VOTE: Ayes _____ Noes _____
City Clerk