Number
191676
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. LEWIS
Title
A substitute ordinance relating to the change in zoning from Single-Family Residential, RS3, to a Detailed Planned Development known as Ameira Orchids Assisted Living for the property located at 10401 West Bradley Road, on the south side of West Bradley Road, east of North 107th Street, in the 9th Aldermanic District.
Analysis
This zoning change was requested by Top Leaf Development LLC and will allow the development of two, single-story assisted living buildings on the site.
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 (“MCO”) a new section to read as follows:
(1) In accordance with the provisions of Section 295-907 of the MCO relating to the establishment of planned development districts, the Common Council approves the subject Detailed Planned Development, which is restricted to the time limit of 5 years from the effective date of this ordinance unless the criteria per s.295-907-2-c-11 are met as referenced in Exhibit A, a copy of which is attached to this Common Council File 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 property located at:
10401 West Bradley Road, Tax Key No. 078-0033-000 from Single-Family Residential (RS3) to a Detailed Planned Development.
(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 MCO.
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:Vanessa.Koster:kdc
03/20/20