Number
030553
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance relating to the change in zoning from a General Planned Development (GPD) to a Detailed Planned Development (DPD) known as Metro Center, Phase 3, on land located on the North Side of West Metro Boulevard and West of North 107th Street, in the 15th Aldermanic District.
Analysis
This substitute ordinance will change the zoning to permit the construction of an auto dealership for the sale of new cars.
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).0022.
(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 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 part of Lot 1 of Metro Auto Park in the Northeast 1/4, Southeast 1/4, Southwest 1/4 and Northwest 1/4 of the Northeast 1/4 of Section 19, Township 8 North, Range 21 East, in the City of Milwaukee, Milwaukee County, Wisconsin, which is bounded and described as follows:
Commencing at the Northwest corner of said Northeast 1/4 Section; thence South 00 deg. 49 min. 45 sec. East along the west line of said 1/4 Section 1122.01 feet to a point; thence North 82 deg. 01 min. 15 sec. East 226.76 feet to a point on the east line of U.S. Highway 41 and 45; thence North 09 deg. 27 min. 15 sec. East 100.00 feet to a point; thence South 80 deg. 32 min. 45 sec. East 40.00 feet to a point; thence North 09 deg. 27 min. 15 sec. East 100 feet to a point; thence North 80 deg. 32 min. 45 sec. West 40.00 feet to a point; thence North 09 deg. 27 min. 15 sec. East 80.00 feet to a point; thence North 31 deg. 43 min. 43 sec. East 225.30 feet to a point; thence North 77 deg. 49 min. 15 sec. East 591.76 feet to the point of beginning of the land to be described; thence North 79 deg. 49 min. 15 sec. East 6.85 feet to a point; thence South 88 deg. 34 min. 45 sec. East 151.76 feet to a point; thence South 57 deg. 13 min. 19 sec. East 815.02 feet to a point; thence South 45 deg. 11 min. 45 sec. East to a point within the right-of-way of West Metro Boulevard; thence Southwesterly and Westerly within the right-of-way of said Boulevard to a point of intersection with a line bearing South 86 deg. 55 min. 31 sec. West and extending 584.47 feet West in the right-of-way of West Metro Boulevard to a point; thence North 03 deg. 04 min. 29 sec. West 828.46 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 295-907(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:ear
09/16/03