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File #: 250150    Version:
Type: Ordinance Status: Passed
File created: 5/13/2025 In control: COMMON COUNCIL
On agenda: Final action: 7/15/2025
Effective date: 8/2/2025    
Title: A substitute ordinance relating to the First Amendment to the Detailed Planned Development known as Timmerman Plaza to amend the permitted use list for the former Walmart site located at 10330 West Silver Spring Drive, on the north side of West Silver Spring Drive, south of West Appleton Avenue, in the 2nd Aldermanic District.
Sponsors: THE CHAIR
Indexes: ZONING DISTRICT 02
Attachments: 1. ZND Presentation, 2. Exhibit A, 3. Affidavit for Zoning Change, 4. Map, 5. City Plan Commission Letter, 6. CPC Staff Report, 7. CPC Public Hearing Notice, 8. Hearing Notice List, 9. Notice published 6/23 and 6/30/2025
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/1/20251 CITY CLERK PUBLISHED   Action details Meeting details Not available
7/18/20251 MAYOR SIGNED   Action details Meeting details Not available
7/15/20251 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Video Video
7/8/20251 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Tanya Fonseca, DCD Atty. Samantha Baker, Axepoint Law (legal counsel for applicant) Glenda Oatis Smith, 2nd Ald. Dist. Presentation was made. No public testimony.
Pass5:0 Action details Meeting details Video Video
6/30/20250 CITY PLAN COMMISSION RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: Ms. Connelly presented. Staff recommended approval and indicated support from Ald. Chambers, Jr. Appearing: Atty. Samantha Baker, Axepoint Law (legal counsel for applicant) Atty. Baker presented on specifics of the file. This amendment was requested by 10330 Exceeding LLC and will allow additional uses to occupy the former Walmart site. This file will amend the use list for 10330 W. Silver Spring Drive to allow the eastern 50,000 square feet of the building to be used as indoor wholesale and distribution facility, which will be occupied by Restaurant Depot. There was discussion on a landscape plan. No public testimony. Vice-chair Nemec moved approval, seconded by commissioner Crane. (Prevailed 6-0)
Pass6:0 Action details Meeting details Video Video
6/23/20251 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/17/20251 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
5/15/20250 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
5/13/20250 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

250150

Version

SUBSTITUTE 1                                                                                                                                                                                                                  

Reference

101101, 101102

 

Sponsor

THE CHAIR

 

Title

A substitute ordinance relating to the First Amendment to the Detailed Planned Development known as Timmerman Plaza to amend the permitted use list for the former Walmart site located at 10330 West Silver Spring Drive, on the north side of West Silver Spring Drive, south of West Appleton Avenue, in the 2nd Aldermanic District.

 

Analysis

This amendment was requested by 10330 Exceeding LLC and will allow additional uses to occupy the former Walmart site.

 

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:

 

(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, which is restricted to the time limit of 5 years from the effective date of this ordinance unless the criteria per s.295-907-2-c-11 are met as referenced in Exhibit A, a copy of which is attached to this Common Council File 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 property located at:  10330 West Silver Spring Drive, Tax Key No. 179-0152-000 for the First Amendment to the DPD. Other properties located within the DPD boundary but not impacted by this amendment include: 10420 West Silver Spring Drive, Tax Key No. 179-0151-000; 10310 West Silver Spring Drive, Tax Key No. 179-0154-000; and 10220 West Silver Spring Drive, Tax Key No. 179-0153-000.

 

(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. 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:Tanya.Fonseca:kdc

06/09/25