Number
071500
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
Substitute ordinance relating to the change in zoning from Downtown High-Density Residential to General Planned Development on land located at 700 and 711 East Kilbourn Avenue for residential, retail and commercial uses, in the 4th Aldermanic District.
Analysis
This substitute ordinance approves a general plan for two mixed-use buildings; each up to 20 stories and 230 residential units along with retail and commercial space on the first floor.
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).0042.
(1) In accordance with the provisions of Section 295-907 of the Code relating to the 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 the area described and bounded by the zoning line along the right-of-way of North Van Buren Street, a line 127 feet East and parallel to the east line of North Van Buren Street, a line 232.30 feet South and parallel to the south line of East Kilbourn Avenue, and a line 228.46 feet North and parallel to the north line of East Kilbourn Avenue, from Downtown High-Density Residential (C9A(A)) to General Planned Development (GPD).
(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. 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:VLK:vlk
03/13/08