NUMB:
970036
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute ordinance relating to the approval of a second amendment to the detailed plan for a planned development known as Clarke Square (Western Auto), lands located on the northeast corner of South 20th Street and West National Avenue, in the 12th Aldermanic District.
ANLS:
- Analysis -
Passage of this substitute ordinance will permit the construction of a new automobile supply store.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. There is hereby added to the Milwaukee Code a new section to read as follows:
Section 295-820(2)(b).0095.
(1) In accordance with the provisions of Section 295- 810(1) of the Milwaukee Code relating to the establishment of planned development districts, the Common Council of the City of Milwaukee herewith approves the second amendment to the detailed plan for a planned development known as Clarke Square (Western Auto), a copy of which is attached to this File as Exhibit "A" which is on file in the Office of the City Clerk and made a part thereof as though fully set forth herein.
(2) The zoning map is hereby amended so as to redesignate as a Detailed Planned Development (DPD), the area bounded and described as follows:
All that part of the Northwest 1/4 of the Southeast 1/4, and the Northeast 1/4 of the Southwest 1/4 of Section 31, Township 7 North, Range 22 East, in the City of Milwaukee, Milwaukee County, Wisconsin, bounded and described as follows:
Commencing at the northwest corner of the Southeast 1/4 of said Section 31, said point also being a point on the centerline of West Pierce Street; thence North 88 deg. 29 min. 19 sec. East along the centerline of West Pierce Street 851.26 feet to a point; thence South 00 deg. 54 min. 47 sec. East 483.82 feet to a point on the centerline of West National Avenue; thence South 84 deg. 59 min. 27 sec. West along the centerline of West National Avenue 888.49 feet to a point on the centerline of South 20th Street; thence North 00 deg. 54 min. 47 sec. West along the centerline of South 20th Street 538.03 feet to a point on the centerline of West Pierce Street; thence North 88 deg. 29 min. 19 sec. East 35.00 feet to the point of commencement.
By this action, the Common Council herewith approves the second amendment to the detailed plan for a planned development known as Clarke Square (Western Auto) and redesignates the area described above as a Detailed Planned Development (DPD).
(3) The requirements set forth in said amended detailed plan attached to this File as Exhibit "A" constitute the zoning regulations for the area contained in such planned development district herein 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 Building Inspection, 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 Milwaukee Code of Ordinances.
Part 3. In accord with the provisions of Section 295- 814(4) of the Milwaukee Code, the City Clerk shall transmit a facsimile copy of the amended detailed plan and a certified copy of the action taken thereon by the Common Council in recordable form to the Department of City Development for recording of said plan and Common Council action in the Office of the Register of Deeds.
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 thereof. The Common Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase or portion thereof 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:BWL:bwl
05/13/97
CATTtions be declared void or invalid.
ZDPT:
DFTR:
DCD:BWL:bwl
05/13/97
CATT