Title
Resolution relative to determination of a Planned Development Agreement by and between the City of West Allis and Toldt Development, Inc. for new construction of a mixed-use planned development to include residential and commercial uses and other site and architectural improvements on properties located in the vicinity of S. 65 - S. 66 St. and W. Greenfield Ave. pursuant to Sec. 12.60 of the Revised Municipal Code.
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WHEREAS, Helmut Toldt on behalf of Toldt Development, Inc. (the “Developer”), with principal offices at 4040 N. Calhoun Rd., Brookfield, WI 53005, has submitted an application for a Planned Development District (PDD-1) Residential for the new construction of a phased development project to consist of a mixed-use planned development district to include residential and commercial uses and other site improvements on properties located within three city blocks, containing approximately 20 acres of land which is bounded by W. Greenfield Ave., W. Mitchell St., S. 65 St. and the Railroad (RR) right of way and pursuant to Sec. 12.60 of the Revised Municipal Code.
WHEREAS, the Developer proposes to enter into a Purchase and Sale Agreement for acquisition of the site. The total project area is depicted and described as:
A tract of land being located in the Northeast ¼ of Section 3, Township 3 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Commencing at the Northwest ¼ of the Northeast ¼ of said Section 3; thence Easterly, 434.95 feet, along North section line of said Section 3 and centerline of West Greenfield Avenue to the Point of Beginning; thence continue Easterly, along said line, 651.63 feet, to the centerline of South 65th Street, extended; thence Southerly, 522.39 feet, along said centerline of South 65th Street to the centerline of West National Avenue; thence Southwesterly, 380.46 feet, along said centerline of West National Avenue to the centerline of South 66th Street, extended; thence Southerly, 310.21 feet, along said centerline to the centerline of West Lapham Street, extended; thence Easterly, 120.00 feet, along said centerline; thence Southerly, 150.00 feet; thence Westerly, 120.00 feet, to the centerline of South 66th Street; thence Southerly, 130.21 feet, along said centerline; thence Westerly, 157.00 feet, to the northwest corner of Parcel 1 of Certified Survey Map No. 6513; thence Southerly, 123.96 feet; thence Westerly, 59.21 feet, to the point of curvature; thence Southwesterly, along curve concave to the left, with radius of 333.13 feet and length of 220.68 feet, to the west line of Parcel 2 of said Certified Survey Map No. 6513; thence Southerly, 105.03 feet, to the north right-of-way line of West Mitchell Street; thence continue Southerly, 30.00 feet, at right angle to said right-of- way line; thence Westerly, 58.53 feet, to the East rail road right-of-way line, extended; thence Northerly, 1338.59 feet, along said east line, to the point of curvature; thence Northeasterly along curve concave to the right, with radius of 313.26 feet and length of 294.70 feet; thence Northeasterly, 16.08 feet, to the south right-of-way line of West Greenfield Avenue; thence Northerly, 33.00 feet to the Point of Beginning of this description.
Said land contains 20.147 Acres, more or less, including portions of City right of way.
Tax Key Numbers: 454-0253-000, 454-0246-000, 454-0247-000, 454-0248-000, 454-0249-000,
454-0245-001, 454-0269-000, 454-0218-001, 454-0217-000, 454-0216-000,
454-0215-000, 454-0214-000, 454-0213-000, 454-0212-000, 454-0211-000,
454-0210-001, 454-0208-000, 454-0207-000, 454-0228-001, 454-0225-000,
454-0226-000, 454-0231-000, also including portions of the City right of way.
Said land is located upon three city blocks, containing approximately 20 acres of land which is bounded by W. Greenfield Ave., W. Mitchell St., S. 65 St. and the Railroad (RR) right of way.
WHEREAS, the Application was forwarded to the Plan Commission on July 27, 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 August 2, 2005, on the Application for both the Ordinance to rezone the land within the project area and the Resolution for a Planned Development District Agreement; 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 12.60 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 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, and its exhibits, for Planned Unit Development-Residential by and between Toldt Development, Inc., with principal offices at 4040 N. Calhoun Rd., Brookfield, WI 53005, 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 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-Residential (PDD-1) approved hereby.
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-521-8-2-05\bjb\jmg