Number
081711
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HINES AND WADE
Title
Substitute ordinance relating to a change in zoning from Local Business to a General Planned Development by Heartland Housing, for a four-story building with community space and up to 45 apartment units, on land located North of West Tamarack Street and West of West Fond du Lac Avenue, in the 15th Aldermanic District.
Analysis
This zoning change will allow for a four-story building with 8,500 square feet of community space on the first floor and a minimum of 24 and up to 45 apartment units.
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).0053.
(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 bounded and described as follows:
The centerline of West Fond du Lac Avenue, the centerline of West Tamarack Street, a line 160 feet Southwest and parallel to the southwest line of West Fond du Lac Avenue, and a line 110 feet Northwest and parallel to the northwest line of West Tamarack Street.
(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. 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
04/28/09