Number
060967
Version
SUBSTITUTE 1
Reference
030623
Sponsor
THE CHAIR
Title
Substitute ordinance relating to the Second Amendment to a Detailed Planned Development known as Southgate Marketplace, located on the West Side of South 27th Street and South of West Oklahoma Avenue, in the 11th Aldermanic District.
Analysis
This substitute ordinance amends the Detailed Planned Development to permit the construction of a 67,890 square-foot full-service grocery store addition on the north side of the existing Wal-Mart. The proposed grocery store addition is 24,710 square feet less than the 92,600 square-foot addition permitted under the approved General Planned Development.
Body
The Mayor and Common Council of the City of Milwaukee (“Common Council”), do ordain as follows:
Part 1. There is added to the Milwaukee Code of Ordinances (“Code”) a new section to read as follows:
Section 295-907(2)(b).0110.
(1) In accordance with the provisions of Section 295-907(2) of the Code relating to the procedures and establishment of planned development districts, the Common Council approves the subject amended Detailed Planned Development, a copy of which is attached to this Common Council File as Exhibit A which is on file in the office of the City Clerk and made a part as though fully set forth herein.
(2) The zoning map is amended to change the zoning for the area bounded and described by the centerline of South 27th Street, the centerline of West Morgan Avenue, the centerline of West Lakefield Drive, the centerline of South 30th Street, a line 120 feet South and parallel to the south line of West Euclid Avenue, the centerline of South 29th Street extended, and a line 237 feet South and parallel to the south line of West Euclid Avenue.
(3) The requirements set forth in said amended detailed plan attached to this Common Council File as Exhibit A, constitute the zoning regulations for the area contained in such planned development district described, provided further, that the effect of the approval of such amended detailed plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the amended detailed plan to all conditions and limitations set forth in such amended detailed plan.
Part 2. Any persons, firm, company or corporation owning, controlling, or managing any building or premises wherein or whereon there shall be placed or there exists anything in violation of the terms of this ordinance; or who shall build contrary to the plans or specifications submitted to and approved by the Commissioner of the Department of City Development, or any person, firm, company or corporation who shall omit, neglect or refuse to do any act required in this ordinance shall be subject to the penalties provided in Section 200-19 of the Code.
Part 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions. The Common Council declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other portions be declared void or invalid.
Drafter
DCD:VLK:ajf
05/18/07