Number
070963
Version
SUBSTITUTE 2
Reference
060705
Sponsor
ALD. D’AMATO
Title
Substitute ordinance relating to the change in zoning from General Planned Development to a Detailed Planned Development known as Downer Avenue Redevelopment, Phase II, on land located generally on the East Side of North Downer Avenue and South of East Park Place and land located generally on the West Side of North Downer Avenue and the East Side of North Stowell Avenue, North of East Webster Place, in the 3rd Aldermanic District.
Analysis
This substitute ordinance permits the second phase of the subject development for construction of a 7-story hotel and an 11-story residential condominium building, with 3-story townhomes along North Stowell Avenue. The Mulkren garage will be renovated and a new, 4-story addition will be constructed for medical office tenants at the southeast corner of North Downer Avenue and East Park Place.
Body
Whereas, The Common Council acknowledges that there are variances between the General Planned Development (GPD) and the Detailed Planned Development (DPD), including an increase in the number of dwelling units and a change in building orientation; and
Whereas, These changes have resulted in a decrease in building volume and a decrease in total square footage dedicated to non-residential uses; and
Whereas, The Common Council finds that the DPD remains consistent with the development concept established by the GPD and consistent with the purposes of chapter 295 of the Milwaukee Code of Ordinances; and
Whereas, The Common Council recognizes that, with the adoption of the DPD zoning, zoning is amended, and the GPD zoning is superseded and terminated in all respects; and
Whereas, The Common Council further recognizes that rezoning for the phase II development could have proceeded as a “one-phase” planned development and it is the intent of the Common Council, whether under “one-phase” or “two-phase” planned development, to rezone the property for phase II in a manner consistent with the DPD zoning as contained in this ordinance; now, therefore,
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)(c).0124.
(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 the area bounded and described by the centerline of East Webster Place, the centerline of North Stowell Avenue, a line 162.70 feet North and parallel to the north line of East Webster Place, a line 130 feet West and parallel to the west line of North Downer Avenue, the centerline of East Belleview Place, and the zoning line within North Downer Avenue.
; and
The zoning line within North Hackett Avenue, the zoning line within North Downer Avenue, the zoning line within East Park Place to a point 125.72 feet East and parallel to the east line on North Downer Avenue, thence South 35 feet to a point, thence South 34 deg. 27 min. 28 sec. West 92.17 feet, thence North 55 deg. 32 min. 32 sec. West 13.41 feet, thence South 00 deg. 00 min. 23 sec. East 117.99 feet, thence South 55 deg. 32 min. 32 sec. East 66.64 feet to the zoning line within North Hackett Avenue, from General Planned Development to Detailed Planned Development.
(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. 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:AJF:ajf:jro
02/18/08