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Resolution to amend the Planned Development Agreement for commercial uses at 10537 and 10635 W. Greenfield Ave., by and between the City of West Allis, Akash Real Estate, Inc. (owner of 10537 W. Greenfield Ave.) and Tom Miller (owner of 10635 W. Greenfield Ave.) pursuant to Section 12.61 of the Revised Municipal Code (Tax Key No. 449-9984-000 and 449-9982-005)
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WHEREAS, Akash Real Estate, Inc., owner of 10537 W. Greenfield Ave., who resides at 16225 Cumberland Trail, Brookfield, WI 53005, has submitted an application to amend the Planned Development District (PDD-2)-Commercial and for a special use permit to establish a restaurant within a portion of the existing building located at 10537 W. Greenfield Ave. pursuant to Section 12.61 of the West Allis Revised Municipal Code. All uses within the amended PDD Agreement will follow the underlying zoning district for the construction of a Mr. Gyros fast food restaurant at 10537 W. Greenfield Ave., for certain lands depicted and described as:
A tract of land being located in the Northwest ¼ of Section 5, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Beginning at the northwest corner of Parcel 1 of Certified Survey Map No. 3612; thence Northerly, 60.00 feet, to the centerline of West Greenfield Avenue; thence Easterly, 436.25 feet, along said centerline; thence Southerly, 196.24 feet; thence Westerly, 220.00 feet; thence Southerly, 432.76 feet, to the centerline of West Orchard Street; thence Westerly, 206.25 feet, along said centerline; thence Northerly, 229.00 feet; thence Westerly, 10.00 feet; thence Northerly, 270.00 feet to the Point of Beginning of this description.
Said PDD land contains. 3.433 Acres, more or less.
Said land is located at 10537 and 10635 W. Greenfield Ave.
10537 W. Greenfield Ave. - Tax Key No. 449-9984-000 - Akash Mobil site. Subject property contains 0.34 acres, more or less.
10635 W. Greenfield Ave. - Tax Key No. 449-9982-005 - former Harry's True Value (Tom Miller site)
WHEREAS, the Application was forwarded to the Plan Commission on June 22, 2005, for review and recommendation and its recommendation has been received; and,
WHEREAS, the Common Council has duly noticed and held a Public Hearing on July 5, 2005, on the Application for both the amendment to the Planned Development District and for a Special Use Permit Resolution for establishment of a restaurant; and,
WHEREAS, the Common Council, after due consideration, finds that the proposed development as set forth in the Application, with certain conditions, meets the standards set forth in Sections 12.61(6) and (7) and Section 12.16 of the West Allis Revised Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the Application, a copy of which is attached hereto and made a part hereof, be and is hereby approved subject to additional conditions set forth in the amended Planned Development Agreement and Special Use Permit Resolution hereinafter identified.
BE IT FURTHER RESOLVED that the City Attorney be and is hereby authorized to make such non-substantive changes, modifications, additions and deletions to and from the various provisions of the amended Agreement and other documents, including any and all attachments, exhibits, addendums and amendments, as may be necessary and proper to correct inconsistencies, eliminate ambiguity and otherwise clarify and supplement said provisions to preserve and maintain the general intent thereof, and to prepare and deliver such other and further documents as may be reasonably necessary to complete the transactions contemplated therein.
BE IT FURTHER RESOLVED that the Special Use Permit Resolution and the amended Agreement for Planned Unit Development-Commercial by and between Akash Real Estate, Inc. and Tom Miller and the City of West Allis, a copy of which is attached and made a part hereof, be and is hereby approved and that the Mayor and City Administrative Officer-Clerk/Treasurer are hereby authorized and directed to execute and deliver said amended Agreement and Special Use Resolution on behalf of the City, together with all such other and further instruments and documents, as may be required by said amended Agreement, for its full and complete implementation.
BE IT FURTHER RESOLVED that the Official City Zoning Map has been previously modified to reflect the change to the underlying zoning from M-1 Manufacturing to C-3 Community Commercial and furthermore amended by overlay of the Planned Development District-Commercial approved hereby.
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-516\7-5-05\jmg