Number
030580
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HENNINGSEN, D'AMATO, JOHNSON-ODOM, WADE, BREIER, HINES, SANCHEZ, RICHARDS, DONOVAN, DAVIS, DUDZIK, BOHL, GORDON, NARDELLI, MURPHY, WITKOWSKI and PRATT.
Title
Substitute ordinance relating to the change in zoning from High Density Residential (C9A(a)) to a Detailed Planned Development (DPD) known as University Club, located on the West Side of North Prospect Avenue and North of East Wells Street, in the 4th Aldermanic District.
Analysis
This substitute ordinance will change the zoning for the existing University Club building.
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).0024.
(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 Certified Survey Map No. 7273 in the Northeast 1/4 and Southeast 1/4 of the Northwest 1/4 of Section 28, Town 7 North, Range 22 East, in the City of Milwaukee, Milwaukee County, Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of said Northwest 1/4 Section; thence South 00 deg. 59 min. 00 sec. East along the west line of said 1/4 Section 1387.25 feet to a point; thence North 89 deg. 01 min. 00 sec. East 2069.54 feet to the easterly line of North Marshall Street; thence North 84 deg. 02 min. 18 sec. East 60.04 feet to a point; thence South 06 deg. 02 min. 54 sec. East 83.99 feet to a point on the north line of East Wells Street; thence North 84 deg. 02 min. 26 sec. East along said north line 58.85 feet to the point of beginning of the lands to be described; thence North and South on a line bearing North 05 deg. 52 min. 28 sec. West to a point within the right-of-way of East Wells Street and to a point 84.70 feet North of said point of beginning; thence North 83 deg. 48 min. 02 sec. East 15.08 feet to a point; thence North 05 deg. 52 min. 28 sec. West 57.38 feet to a point; thence North 84 deg. 04 min. 22 sec. East to a point within the right-of-way of North Prospect Avenue; thence South 05 deg. 59 min. 53 sec. East within the right-of-way within said right-of-way to a point of its intersection with a line extending South 84 deg. 02 min. 26 sec. West within the right-of-way of East Wells Street to the point of its intersection with the line bearing North 05 deg. 52 min. 28 sec. West.
(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