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File #: 061019    Version:
Type: Ordinance Status: Passed
File created: 11/14/2006 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 1/17/2007
Effective date: 2/3/2007    
Title: Substitute ordinance approving the Second Amendment to the Detailed Planned Development (DPD) known as Home Depot, on land located on the South Side of West Good Hope Road and East of North 76th Street, in the 9th Aldermanic District.
Sponsors: ALD. PUENTE
Indexes: ZONING, ZONING DISTRICT 09
Attachments: 1. CPC Letter, 2. Vicinity Map, 3. Exhibit A as of 11-20-06, 4. Exhibit A Drawings as of 11-20-06, 5. Elevations, 6. Revised Elevations as of 1-2-07, 7. Revised Exterior Elevation as of 1-8-07, 8. Survey & Plans as of 12-21-06, 9. Revised Floor Plan and Detail as of 1-8-07, 10. Notice Published on 12-21-06 and 12-28-06.PDF, 11. Notice Published on 2-2-07.PDF

Number

061019

Version

SUBSTITUTE 1

Reference

040576, 041703

Sponsor

ALD. PUENTE

Title

Substitute ordinance approving the Second Amendment to the Detailed Planned Development (DPD) known as Home Depot, on land located on the South Side of West Good Hope Road and East of North 76th Street, in the 9th Aldermanic District.

Analysis

This substitute ordinance amends the detailed plan to permit the construction of a NAPA auto parts store on Outlot No. 2.

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).0101.

 

(1) In accordance with the provisions of Section 295-907 of the Code relating to the 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 reaffirms the zoning for the area bounded and described by Parcel 2 of Certified Survey Map No. 1714.

 

(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. In accordance with the provisions of Section 295-907 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:AJF:ajf

12/14/06