Number
041159
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance relating to the First Amendment to a Detailed Planned Development (DPD) known as East Bay Condominiums (f/k/a Northridge Lakes, Stage 4), located at 9017 North 70th Street, in the 9th Aldermanic District.
Analysis
This substitute ordinance will allow for the addition of a maintenance and storage facility and future community room.
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).0066
(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 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 is amended to change the zoning for the area bounded and described by:
That part of the Southwest 1/4 of Section 3, Town 8 North, Range 21 East, in the City of Milwaukee, Milwaukee County, Wisconsin, which is bounded and described as follows:
Commencing at the Southeast Corner of said 1/4 Section; thence North 00 deg. 41 min. 10 sec. West along the east line of said 1/4 Section 2373.36 feet to a point; thence due West 317.86 feet to the point of beginning of the land to be described; continuing thence due West 288.61 feet to a point; thence due South 178.70 feet to a point; thence due West 185 feet to the centerline of North 70th Street; thence South 01 deg. 14 min. 05 sec. East along the centerline of North 70th Street 96.07 feet to a point; thence Southeasterly 265.85 feet along the centerline of North 70th Street and its extension Southeasterly being the arc of a curve whose center lies to the Northeast whose radius is 325 feet and whose chord bears South 24 deg. 40 min. 08 sec. East 258.50 feet to a point; thence South 48 deg. 06 min. 11 sec. East 287.04 feet to a point; thence North 54 deg. 57 min. 43 sec. East 183.77 feet to a point; thence due North 588.70 feet to the point of beginning.
(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(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
12/23/04