Number
050244
Version
SUBSTITUTE 1
Reference
031252
Sponsor
ALD. DAVIS
Title
Substitute ordinance approving the change in zoning from Multi-Family Residential (RM3) to a General Planned Development (GPD) known as Cathedral Heights, on land located on the North Side of West Florist Avenue and East of North 73rd Street, in the 2nd Aldermanic District.
Analysis
This substitute ordinance will allow for the construction of a church complex including a religious assembly, classrooms for adult education, offices and a community center for outreach services.
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)(a).0018.
(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 General 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 the Southwest 1/4 and Southeast 1/4 of the Northwest 1/4 of Section 27, Town 8 North, Range 21 East, in the City of Milwaukee, Milwaukee County, Wisconsin, being bounded and described as follows:
Commencing at the Southwest Corner of said 1/4 Section; thence North 00 deg. 22 min. 08 sec. West along the west line of said 1/4 Section 796.20 feet to a point in the extension of the centerline of West Douglas Avenue; thence North 89 deg. 27 min. 04 sec. East along said centerline and its extension 1020.40 feet to a point on the centerline of North 73rd Street; thence South 00 deg. 22 min. 08 sec. East along said centerline 125.95 feet to the point of beginning of the lands to be described; thence North 89 deg. 27 min. 04 sec. East 731.10 feet to a point; thence South 00 deg. 22 min. 08 sec. East 670.93 feet to a point on the south line of said 1/4 Section and also the centerline of West Florist Avenue; thence South 89 deg. 28 min. 24 sec. West along said centerline 731.10 feet to a point on the centerline of North 73rd Street; thence North 00 deg. 22 min. 08 sec. West along said centerline 670.65 feet to the point of beginning.
(3) The requirements set forth in said general 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 general plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the general plan to all conditions and limitations set forth in such general 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
06/27/05