NUMB:
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Ordinance relating to the change in zoning from Local Business (L/D/40) to General Planned Development (GPD) for a planned development, on land located on the South Side of West Morgan Avenue and West of South 27th Street, in the 11th Aldermanic District. (Department of City Development)
ANLS:
- Analysis -
This ordinance will change the zoning of this site to allow for the development of a retail center.
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 295-810(2)(a).0057.
(1) In accordance with the provisions of Section 295-810(1) of the Code relating to the 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 that part of the Southeast 1/4 of Section 13, Township 06 North, Range 21 East, in the City of Milwaukee, Milwaukee County, Wisconsin and bounded and described as follows:
Commencing at the Northeast corner of said Southeast 1/4 Section; thence South 00 deg. 04 min. 50 sec. West along the east line of said 1/4 Section 586.00 feet to the centerline of West Loomis Road; thence South 58 deg. 15 min. 50 sec. West along said centerline 783.07 feet to a point; thence Southwesterly 540.95 feet along said centerline and the arc of a curve whose center lies to the Southeast, whose radius is 2864.79 feet and whose chord bears South 52 deg. 51 min. 15 sec. West 540.14 feet to the centerline of South Point Terrace; thence North 42 deg. 40 min. 26 sec. West along said centerline 107.94 feet to a point; thence Northerly 258.84 feet along said centerline and the arc of a curve whose center lies to the East, whose radius is 346.25 feet and whose chord bears North 21 deg. 15 min. 28 sec. West 252.86 feet to a point; thence North 00 deg. 09 min. 27 sec. East along said centerline 19.41 feet to the centerline of Lydale Avenue; thence South 44 deg. 28 min. 15 sec. West along said centerline 42.98 feet to the west line of South Point Terrace, said line also being the east line of South 31st Street; thence North 00 deg. 09 min. 27 sec. West along said east line 993.51 feet to the north line of the Southeast 1/4 of said Section 13, thence North 88 deg. 48 min. 35 sec. East along said north line 1289.78 feet to the point of beginning.
(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 295-815 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.
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09/07/99/F