Number
031557
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute ordinance relating to the approval of a Fourth Amendment to the Detailed Planned Development (DPD) known as Clarke Square, on lands located on the Northeast Corner of South 20th Street and West National Avenue, in the 12th Aldermanic District.
Analysis
This substitute ordinance will allow for the increase in occupancy at the daycare center from 45 to 50 children.
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).0042.
(1) In accordance with the provisions of Section 295-907(2) of the Code relating to the establishment of planned development districts, the Common Council approves the subject Amended 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:
All that part of the Northwest 1/4 of the Southeast 1/4, and the Northeast 1/4 of the Southwest 1/4 of Section 31, Township 7 North, Range 22 East, in the City of Milwaukee, Milwaukee County, Wisconsin, bounded and described as follows:
Commencing at the Northwest Corner of the Southeast 1/4 of said Section 31, said point also being a point on the centerline of West Pierce Street; thence North 88 deg. 29 min. 19 sec. East along the centerline of West Pierce Street 851.26 feet to a point; thence South 00 deg. 54 min. 47 sec. East 483.82 feet to a point on the centerline of West National Avenue; thence South 84 deg. 59 min. 27 sec. West along the centerline of West National Avenue 888.49 feet to a point on the centerline of South 20th Street; thence North 00 deg. 54 min. 47 sec. West along the centerline of South 20th Street 538.03 feet to a point on the centerline of West Pierce Street; thence North 88 deg. 29 min. 19 sec. East 35.00 feet to the point of commencement.
(3) The requirements set forth in said amended 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 amended detailed plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the amended detailed plan to all conditions and limitations set forth in such amended 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:vlk
04/27/04