Number
050188
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
Substitute ordinance relating to the change in zoning from Two-Family Residential (RT4) to a General Planned Development (GPD) and the first phase of a Detailed Planned Development (DPD) known as Kane Commons, on land located on the North Side of East Kane Place and West of North Cambridge Avenue, in the 3rd Aldermanic District.
Analysis
This substitute ordinance will establish a master plan for a nine-building courtyard development and renovation plans for two existing residential buildings for property located at 1144 through 1158 East Kane Place.
Body
The Mayor and Common Council of the City of Milwaukee ("Common Council"), do ordain as follows:
Part 1. There are added to the Milwaukee Code of Ordinances ("Code") new sections to read as follows:
Sections 295-907(2)(b).0081 and 295-907(2)(b).0082.
(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 and 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 revised to change the zoning for the area bounded and described by the zoning line within the right-of-way of East Kane Place, a line 405.58 feet East and parallel to the east line of North Humboldt Avenue, a line 317.26 feet East and parallel to the east line of North Humboldt Avenue and the zoning line within the Milwaukee River.
(3) The requirements set forth in said general plan and detailed plan attached to this Common Council File as Exhibit A, constitute the zoning regulations for the area contained in such planned development districts described, provided further, that the effect of the approval of such general plan and such detailed plan is that such plans shall limit and control construction, location, use and operation of all land and structures included within the general plan and the detailed plan to all conditions and limitations set forth in such general plan and 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 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
06/06/05