Number
030436
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 Tower, 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 allow for the construction of a multi-family residential condominium tower.
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).0023.
(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 Lots 1 and 2 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 and the point of beginning of the lands to be described; thence East and West on a line bearing North 84 deg. 02 min. 18 sec. East to a point within the right-of-way of North Marshall Street; thence North 06 deg. 03 min. 54 sec. West 155.97 feet to a point; thence 134.17 feet East of the east line of North Marshall Street; thence North 06 deg. 01 min. 53 sec. West 30.00 feet to a point; thence North 84 deg. 01 min. 49 sec. East to a point within the right-of-way of North Prospect Avenue; thence South 05 deg. 59 min. 53 sec. East within said right-of-way to a point of intersection with a line bearing South 84 deg. 04 min. 22 sec. West and extending 119.81 feet East of the west line of North Prospect Avenue to a point; thence South 05 deg. 52 min. 28 sec. East 57.38 feet to a point; thence South 83 deg. 48 min. 02 sec. West 15.08 feet to a point; thence South 05 deg. 52 min. 28 sec. East to a point within the right-of-way of East Wells Street; thence South 84 deg. 02 min. 26 sec. West within said right-of-way to a point of intersection with a line bearing North 06 deg. 02 min. 54 sec. West extending to a point 83.99 feet North of the north line of East Wells Street; thence West on a line bearing South 84 deg. 02 min. 18 sec. West to a point within the right-of-way of North Marshall Street; thence North 06 deg. 03 min. 54 sec. West within the right-of-way of North Marshall Street to the point of its intersection with the line bearing North 84 deg. 01 min. 53 sec. East.
(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