NUMB:
000552
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute ordinance approving the rezoning from General Planned Development (GPD) to Detailed Planned Development (DPD) for a planned development known as Park Place, Stage 20, Tumbleweeds Restaurant, on land located North of West Good Hope Road and East of North 110th Street, in the 15th Aldermanic District.
ANLS:
- Analysis -
This substitute ordinance will change the zoning of this site to allow for the development of a sit-down restaurant.
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 295-810(2)(b).0154.
(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 approves said 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 Part of the Southeast 1/4 of the Southeast 1/4 of Section 18, Town 8 North, Range 21 East, in the City of Milwaukee, County of Milwaukee, State of Wisconsin, bounded and described as follows:
Commencing at a point in the south line of said 1/4 Section, said point being South 86 deg. 47 min. 33 sec. West 1043.17 feet from the Southeast corner of the Southeast 1/4 of said Section; thence North 03 deg. 12 min. 27 sec. East 33.00 feet to a point on the northerly line of West Good Hope Road and the easterly line of North 110th Street and the point of beginning; thence North 24 deg. 45 min. 56 sec. West along said easterly line 327.38 feet to a point on the southerly line of West Park Place; thence Easterly along said southerly line 221.46 feet along the arc of a curve whose center lies to the Southeast, whose radius is 748.51 feet and whose chord bears North 77 deg. 58 min. 27 sec. East 220.65 feet to a point; thence South 24 deg. 45 min. 56 sec. East 362.83 feet to a point on the northerly line of West Good Hope Road; thence West 3.48 feet along the arc of a curve whose center lies to the Southeast, whose radius is 1717.02 feet and whose chord bears South 73 deg. 23 min. 51 sec. feet to a point; thence South 86 deg. 46 min. 45 sec. West along said northerly line 227.68 feet to the point of beginning.
(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. In accordance with the provisions of Section 295-815 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.
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DFTR:
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08/22/00