Number
060705
Version
Substitute 2
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance relating to the change in zoning from Local Business and Multi-Family Residential to General Planned Development, 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 allows for the redevelopment of existing and vacant commercial uses along North Downer Avenue in conjunction with the development of an 11-story, 84-unit condominium building at North Stowell Avenue and East Webster Place.
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).0030.
(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 the area described and bounded 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, the centerline of East Belleview Place, 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 of 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, the zoning line within North Hackett Avenue, the zoning line within East Belleview Place, a line 150 feet Northwest and parallel to the northwest line of North Summit Avenue, a line 167.56 feet Southwest and parallel to the southwest line of East Belleview Place, and the zoning line within North Downer Avenue, from Local Business (LB2) and Multi-Family Residential (RM4) 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. 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:AJF:ajf
01/05/07