NUMB:
990735
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute ordinance relating to the change in zoning from General Planned Development (GPD) to Phase 1 of a Detailed Planned Development (DPD) known as Loomis Center, on land located on the South Side of West Morgan Avenue and West of South 27th Street, in the 11th Aldermanic District.
ANLS:
- Analysis -
This substitute ordinance will change the zoning of this site to allow for the development of a combination grocery/drug store, a gas station, and Type A and B restaurants.
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)(b).0131.
(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 Phase 1 of the subject 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 that part of the Southeast 1/4 of Section 13, Township 06 North, Range 21 East, in the City of Milwaukee, Milwaukee County, Wisconsin, 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 494.38 feet to a point; thence North 01 deg. 11 min. 25 sec. West 373.07 feet to a point; thence South 88 deg. 48 min. 35 sec. West 337.18 feet to a point; thence South 00 deg. 00 min. 01 sec. West 47.53 feet to a point; thence South 31 deg. 30 min. 37 sec. East 210 feet to a point; thence South 00 deg. 42 min. 33 sec. East 110.78 feet to a point; thence South 31 deg. 45 min. 00 sec. East 147.32 feet to a point on the centerline of West Loomis Road; thence South 58 deg. 15 min. 50 sec. West along said centerline 105.01 feet to a point; thence Southwesterly 211.98 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 56 deg. 08 min. 38 sec. West 211.93 feet to a point; thence North 35 deg. 58 min. 33 sec. West 48.29 feet to a point; thence Northeasterly 52.34 feet along the arc of a curve whose center lies to the Northwest, whose radius is 34.73 feet and whose chord bears North 10 deg. 59 min. 41 sec. East 47.53 feet to a point; thence North 31 deg. 54 min. 27 sec. West 115.41 feet to a point; thence North 58 deg. 25 min. 02 sec. East 279.03 feet to a point; thence North 00 deg. 42 min. 33 sec. West 41.84 feet to a point; thence North 31 deg. 33 min. 04 sec. West 270.08 feet to a point; thence South 88 deg. 58 min. 37 sec. West 272.23 feet to a point; thence North 00 deg. 09 min. 10 sec. East 491.43 feet to a point on the north line of said 1/4 Section; thence North 88 deg. 48 min. 35 sec. East along said north line 1098.41 feet to the point of beginning.
(3) The requirements set forth in said 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 detailed plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the detailed plan to all conditions and limitations set forth in such 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. 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.
ZDPT:
DFTR:
DCD:JRH:vlk
11/09/99