NUMB:
971744
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Ordinance relating to the change in zoning from a General Planned Development to a Detailed Planned Development known as Humboldt Yards (Commercial Parcel) Phase 1, on lands located on the Southeast corner of East North Avenue and North Humboldt Avenue, in the 6th Aldermanic District. (DCD)
ANLS:
- Analysis -
This ordinance will allow the construction of the first phase of the commercial portion of the Humboldt Yards planned development, which will include approximately 88,000 square feet of retail space and related parking.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. There is added to the Milwaukee Code of Ordinances ("Code") a new section to read as follows:
Section 295-810(2)(b).0100.
(1) In accordance with the provisions of Section 295-810(1) of the Code relating to the establishment of planned development districts, the Common Council of the City of Milwaukee herewith approves the Detailed Planned Development known as Humboldt Yards (Commercial Parcel) Phase 1, 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 is made a part thereof as though fully set forth herein.
(2) The zoning map is amended so as to change from General Planned Development (GPD) to Detailed Planned Development (DPD) a part of Parcels 1 and 2 of Certified Survey Map No. 5633, recorded on December 27, 1991, as Document No. 6554614, being a redivision of a part of Lot 82 in the Plat of Lots 2 and 3 in the Northwest 1/4 of the Northeast 1/4 of Section 21, Township 7 North, Range 22 East, in the City of Milwaukee, County of Milwaukee, State of Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of said 1/4 Section, said point also being the point of intersection of the centerline of East North Avenue and the centerline of North Humboldt Avenue; thence North 89 deg. 04 min. 24 sec. East along the North line of said 1/4 Section (centerline of East North Avenue) 643.28 feet to a point; thence South 00 deg. 00 min. 01 sec. East 453.66 feet to a point of curvature; thence along a 115.00 foot radius curve concave to the Northwest an arc distance of 119.44 feet to a point of tangency, said curve having a chord length of 114.14 feet and a chord bearing of South 29 deg. 45 min. 12 sec. West; thence South 59 deg. 30 min. 24 sec. West 158.12 feet to a point of curvature; thence along a 400.00 foot radius curve concave to the Northwest an arc distance of 214.42 feet to a point of tangency, said curve having a chord length of 211.86 feet and a chord bearing of South 74 deg. 51 min. 48 sec. West; thence North 89 deg. 46 min. 49 sec. West 242.04 feet to the centerline of North Humboldt Avenue; thence North 00 deg. 18 min. 59 sec. West 677.00 feet along said centerline to the point of beginning.
By this action, the Common Council herewith approves the Detailed Planned Development known as Humboldt Yards (Commercial Parcel) Phase 1 and amends the zoning map to designate the area described above as a Detailed Planned Development (DPD).
(3) The requirements set forth in said amended detailed plan attached to this File as Exhibit "A" constitute the zoning regulations for the area contained in such planned development district herein 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 Building Inspection, 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 Milwaukee Code of Ordinances.
Part 3. In accord with the provisions of Section 295-814(4) of the Code, the City Clerk shall transmit a facsimile copy of the detailed plan and a certified copy of the action taken thereon by the Common Council in recordable form to the Department of City Development for recording of said plan and Common Council action in the Office of the Register of Deeds.
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 thereof. The Common Council declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other portions be declared void or invalid.
ZDPT:
DFTR:
DCD:JRH:jrh
02/26/98/A