Title
Resolution approving a Planned Development District-Commercial PDD-2 between the City of West Allis and Shecterle Commercial Properties 2, LLC to establish a Planned Development Agreement for new construction of various retail commercial uses at 1710 S. 108 St. (Tax Key No. 449-9981-011)
Body
WHEREAS, Shecterle Commercial Properties 2, LLC, (the "Developer"), with principal offices at 19280 Haydon Court, P.O. Box 1205, Brookfield, WI 53008-1205, respectively, have submitted an application for a Planned Development District (PDD-2)-Commercial for the construction of various retail commercial uses at 1710 S. 108 St. pursuant to Section 12.61 of the West Allis Revised Municipal Code and for a special use permit for a Culver's Restaurant with drive-thru at 1672 S. 108 St. for certain lands depicted and described as:
A tract of land being in the Northwest ΒΌ of Section 5, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Commencing at the Northwest corner of said Section 5; thence Southerly, 1568.24 feet, along west line of said Section 8, to the Point of Beginning; thence Easterly, 690.00 feet, along centerline of West Mitchell Street, to the centerline of South 106 Street; thence Southerly, 439.75 feet, along said centerline; thence Westerly, 683.98 feet, to the said west line of Section 5; thence Northerly, 444.24 feet, to the Point of Beginning.
Said land is subject to pedestrian ingress-egress easement recorded as Document No. 5370843.
Subject property contains 5.45 acres, more or less; PDD-2 land contains 6.961 acres (City right of ways), more or less.
Tax Key No. 449-9981-011
Said land is located at 1710 S. 108 Street
WHEREAS, the Application was forwarded to the Plan Commission on May 25, 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 June 7, 2005, on the Application for both the Planned Development District and a Special Use Permit Resolution; 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 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 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 Agreement for Planned Unit Development-Commercial and the Special Use Permit Resolution by and between Shecterle Commercial Properties 2, LLC, with principal offices at 19280 Haydon Court, P.O. Box 1205, Brookfield, WI 53008-1205, 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 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 Agreement, for its full and complete implementation.
BE IT FURTHER RESOLVED that the Official City Zoning Map be and is hereby amended by rezoning 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-508-6-7-05\jmg