Number
040714
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance approving the change in zoning from Two-Family Residential (RT4) and Local Business (LB2) to a General Planned Development (GPD) known as Palermo's Pizza, located on the North Side of West Maple Street between South 8th and South 9th Streets, in the 12th Aldermanic District.
Analysis
This substitute ordinance will change the zoning and will establish zoning standards for an existing manufacturing and processing facility to guide its future expansion.
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)(a).0014.
(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 General 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 Lots 16 through 30 inclusive and the vacated alley lying between said Lots 20 and 21, all in Block 4, Mitchell's Subdivision, located in the Northwest 1/4 of Section 5, Town 06 North, Range 22 East, City of Milwaukee, Milwaukee County, Wisconsin.
(3) The requirements set forth in said general 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 general plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the general plan to all conditions and limitations set forth in such general 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. In accordance with the provisions of Section 295-907(2) of the Code, the City Clerk shall transmit a certified copy of the action taken by the Common Council to the Department of City Development.
Part 4. 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:JRH:vlk
10/25/04