Number
071334
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
Substitute ordinance relating to the change in zoning from Two-Family Residential to a Detailed Planned Development known as Saint Rita's Apartments, located on the North Side of East Pleasant Street and East of North Van Buren Street for residential, commercial, parking and park/plaza uses, in the 3rd Aldermanic District.
Analysis
This substitute ordinance will allow for the construction of 120 residential units, first floor commercial uses, an underground parking structure and a park/plaza.
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)(c).0123.
(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 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 described and bounded by the zoning line along the right-of-way of East Pleasant Street, the zoning line along the right-of-way of North Van Buren Street, the zoning line along the right-of-way of North Cass Street, a line 113.36 feet North and parallel to the north line of East Pleasant Street, a line 60 feet North and parallel to the north line of East Pleasant Street and a line 190 feet North and parallel to the north line of East Pleasant Street, from Two-Family Residential (RT4) to Detailed Planned Development (DPD).
(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:VLK:vlk
02/22/08