ORDINANCE NO. 2458

By: __________________________

AN ORDINANCE TO APPROVE A REZONING

FROM M-1, MANUFACTURING, PUD AND B-4, HIGHWAY BUSINESS DISTRICT WITH AN OO - OFFICE OVERLAY DISTRICT TO THE M-1, MANUFACTURING PUD (PLANNED UNIT DEVELOPMENT) DISTRICT WITH AN OO - OFFICE OVERLAY AT 9950, 10068, AND 10108 S. 27TH STREET

(6th Aldermanic District)

            WHEREAS, Liberty Property Trust  has applied for a rezoning from M-1, Manufacturing, PUD and B-4, Highway Business District with an OO - Office Overlay District to the M-1, Manufacturing PUD (Planned Unit Development) District with an OO - Office Overlay; and

            WHEREAS, these properties are more precisely described as follows:

Commencing at the northwest corner of the Southwest ¼ of Section 30, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence S89°25'46"W, 1053.52 feet; thence S00°26'26"E, 830.86 feet to the point of beginning of the lands to be described; thence continuing S00°23'44"E, 467.73 feet; thence S89°40'16"W, 684.44 feet; thence S00°26'18"E, 197.14 feet; thence S89°40'16"W, 580.03 feet; thence N00°24'56"W, 1189.53 feet; thence N89°25'46"E, 1194.74 feet; thence S00°23'44"E, 529.78 feet; thence N89°36'16"E, 69.5 feet to the point of beginning.

            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 June 5, 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 M-1, Manufacturing, PUD and B-4, Highway Business District with an OO - Office Overlay District to the M-1, Manufacturing PUD (Planned Unit Development) District with an OO - Office Overlay 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 M-1 PUD (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

                                                ________________________________

                                                                        Mayor

ATTEST:

                  VOTE:             Ayes _____     Noes _____

City Clerk