Number
040715
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance approving the change in zoning from Local Business (LB2) to a Detailed Planned Development (DPD) known as Greater Mt. Sinai Church of God and Christ, on land located on the Southeast Corner of North 60th Street and West Custer Avenue, in the 2nd Aldermanic District.
Analysis
This substitute ordinance will change the zoning to allow for the construction of a religious assembly and theater.
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).0070.
(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 that part of the Southwest 1/4 and the Northwest 1/4 of the Northwest 1/4 of Section 35, Township 08 North, Range 21 East, City of Milwaukee, County of Milwaukee, State of Wisconsin, described as follows:
Commencing at the Southwest Corner of the Northwest 1/4 of said Section 35; thence North 01 deg. 01 min. 25 sec. West 1084.80 feet along the west line of said Northwest 1/4 of Section 35; thence North 88 deg. 56 min. 35 sec. East, 44.99 feet to the point of beginning; thence North 01 deg. 01 min. 16 sec. West, 234.33 feet along the Easterly right-of-way of North 60th Street, thence North 88 deg. 58 min. 35 sec. East, 5.00 feet; thence North 01 deg. 01 min. 25 sec. West, 18.65 feet along the Easterly right-of-way of North 60th Street; thence Northeasterly 35.83 feet along the arc of a curve having a radius of 39.98 feet, having a chord which bears North 25 deg. 06 min. 19 sec. East, 34.64 feet along the Easterly right-of-way of North 60th Street; thence Northeasterly 43.47 feet along the arc of a curve, having a radius of 40.01 feet, having a chord which bears North 81 deg. 49 min. 32 sec. East, 41.27 feet along the Southerly right-of-way of West Custer Avenue; thence South 67 deg. 07 min. 03 sec. East, 9.53 feet along the Southerly right-of-way of West Custer Avenue; thence North 01 deg. 17 min. 32 sec. West, .64 feet; thence South 67 deg. 07 min. 03 sec. East, 53.51 feet along the Southerly right-of-way of West Custer Avenue; thence Southwesterly 1.07 feet along the arc of a curve, having a radius of 325 feet, having a chord which bears North 66 deg. 11 min. 47 sec. West, 1.07 feet along the Southerly right-of-way of West Custer Avenue; thence North 03 deg. 34 min. 12 sec. East, 1.33 feet; thence Southeasterly 144 feet; having a radius of 325 feet, having a chord which bears South 78 deg. 53 min. 55 sec. East, 142.83 feet along the Southerly right-of-way of West Custer Avenue, thence South 01 deg. 07 min. 51 sec. East, 144.20 feet along the Westerly right-of-way of North 58th Street; thence South 88 deg. 58 min. 35 sec. West, 139.92 feet; thence South 01 deg. 01 min. 25 sec. East, 91.00 feet; thence South 88 deg. 58 min. 35 sec. West, 119.92 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:vlk
02/14/05