Title
Resolution relative to determination of Special Use Permit for Cross Point Church to establish a religious institution within the existing building at 11000 W. Oklahoma Ave.
Body
WHEREAS, Dave Weiss, d/b/a Cross Point Church of West Allis, duly filed with the City Clerk an application for a Special Use permit, Pursuant to Sec. 12.43 and Sec. 12.16 of the Revised Municipal Code, to establish a religious institution; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on March 1, 2016 at 7:00 p.m., in the Common Council Chamber to consider the application; and,
WHEREAS, the Common Council, having carefully considered the evidence presented at the public hearing and the following pertinent facts noted:
1. The applicant, Dave Weiss d/b/a Cross Point Church of West Allis has offices at 8862 W. Schlinger Ave., Milwaukee, WI 53214.
2. The applicant plans to purchase the parcel developed with an existing commercial building of approximately 16,000 sq. ft. located at 11000 W. Oklahoma Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southeast ¼ of Section 7, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lot 4 and West 49.00 feet of Lot 3 in Westlane Park subdivision.
Tax Key No. 520-0153-001
Said land being located at 11000 W. Oklahoma Ave.
3. The applicant is proposing to establish a church, Cross Point Church of West Allis, which will occupy the 16,000 sq. ft. commercial building, with a sanctuary space, three (3) children’s rooms, associated offices, common space and utility/equipment rooms.
4. The aforesaid premises is zoned C-4 Regional Commercial District under the Zoning Ordinance of the City of West Allis, which permits religious institutions as a Special Use, pursuant to Sec. 12.43 and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of a block along the north side of W. Oklahoma Ave. between S. 108 St. and S. Wollmer Rd., which is zoned for commercial purposes. Properties to the north, east and south are developed as commercial. Properties to the west are developed as multi-family residential.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Dave Weiss, d/b/a Cross Point Church of West Allis, to establish a religious institution within the 16,000 sq. ft. commercial building, is hereby granted on the following grounds:
That the establishment, maintenance and operation of the proposed use, with the imposition of certain conditions hereinafter set forth, reasonably satisfies the standards set forth in Secs. 12.16 of the Revised Municipal Code, so as to permit the issuance of a special use permit as therein provided.
BE IT FURTHER RESOLVED that said special use permit is granted subject to the following conditions:
1. Site, Landscaping, Screening, Signage and Architectural Plans. The grant of this Special Use Permit is subject to and conditioned upon the Site, Landscape and Architectural plan approved, by the City of West Allis Plan Commission on February 24, 2016 as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis. No alteration or modification of the approved plan shall be permitted without approval by the Plan Commission.
2. Building Plans and Fire Codes. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections and Neighborhood Services and by the Fire Department.
3. Hours of Operation. The general hours of operation for church services from when members will typically arrive to when they will depart the premise are Sundays from 9:00 am - 11:30 am, and Wednesdays and Fridays from 6:00 pm - 9:00 pm for youth activities. The church may also be occupied by staff from 8:00 am to 5:00 pm on weekdays.
4. Off-Street Parking. One-hundred and sixty (160) parking spaces are required for the site, which is calculated at 1 per 100 sq. ft. of gross floor area for the 16,000 sq. ft. facility. A total of on-site 65 parking spaces, including three (3) ADA spaces shall be provided. (Shared parking with neighboring properties may also be pursued.) However, by approving this Resolution, the Common Council agrees to modify this off-street parking deficiency, per 12.16(9)(a).
5. Litter and Monitoring. Employees shall inspect the area and immediate vicinity and pick up litter on a daily basis.
6. Deliveries and Refuse Pickup. All refuse to be provided by a commercial hauler. All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure or as approved by the Department of Development to match the building. All tenants of the property will be required to abide by the City of West Allis health/public nuisance rules per Chapter 7 of the Revised Municipal Code. Because there is a residential neighborhood adjacent to the site, delivery operations and refuse pick up shall only be permitted during daytime hours. These functions shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m.
7. Noxious Odors, Etc. The uses on premise shall not emit foul, offensive, noisome, noxious or disagreeable odors, gases or effluvia into the air. Mechanical systems shall be maintained to efficiently remove noxious odors.
8. Pollution. The uses on premise shall not cause any noxious or unwholesome liquid or substance or any dirt, mud, sand, gravel, or stone refuse or other materials to be deposited upon any public right of way or flow into any sanitary sewer, storm sewer, or water supply system, or onto adjacent properties.
9. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window’s area.
10. Marketing Displays. The use of pennants, special lighting, flags, streamers or other signage typically temporary in nature, hanging, floating or attached to a structure or vehicle shall not be permitted.
11. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
12. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2814 of the Revised Municipal Code relative to the City’s sidewalk improvement policy as it relates to damaged (if any), abutting sidewalk.
13. Expiration of Special Use Permit. Any special use approved by the Common Council shall lapse and become null and void one (1) year from and after that approval if the use has not commenced, construction is not underway, or the owner has not obtained a valid building permit. An extension of these time limitations may be granted without a public hearing by the Common Council by resolution reauthorizing the special use in accordance with the following criteria:
A. The applicant requesting the extension shall complete a planning application available from the Department of Development and shall submit a $250.00 extension fee.
B. A written explanation for the extension of time shall accompany the planning application along with a timeline/schedule for obtaining necessary permits, zoning, state and municipal approvals and a target date for construction start;
C. The request for extension shall be submitted within sixty (60) days of the expiration of the special use permit;
D. The extension, if granted, shall be valid for a period of six (6) months. If no building permit has been issued and construction has not commenced within six (6) months from and after the extension has been granted, the special use shall become null and void.
14. Miscellaneous.
A. Applicants are advised that the foregoing conditions are reasonably necessary to protect the public interest and to secure compliance with the standards and requirements specified in Sec. 12.16 of the Revised Municipal Code; that the issuance of the special use is expressly subject to compliance with said conditions.
B. The use, as granted herein, is subject to applicants’ compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
C. The special use, as granted herein, shall run with the land and benefit and restrict all future owners and occupants of the property, unless the use shall lapse or be terminated and the use will not be altered or extended (including structural alterations and/or additions) without the approval of the Common Council, following public hearing, all as provided in Sec. 12.16 of the Revised Municipal Code.
15. Lapse. If the applicant does not meet all of the terms and conditions set forth in this grant of a special use within one year of the granting thereof, then the Special Use Permit shall lapse and become null and void and the applicant shall forfeit any right to use the property as conferred by the Special Use Permit. The failure of the applicant to meet the terms and conditions of the Special Use Permit shall subject the permit to being declared void by the Common Council after notice to the applicant and a hearing before the Safety and Development Committee. Upon a finding and recommendation by the Committee to the Common Council on the matter, the applicant and/or any interested person may make comments regarding the matter to the Common Council prior to the Common Council’s next regular meeting following the recommendation. Upon the Common Council’s finding that the Special Use Permit has lapsed and become void, the applicant shall cease all operations at the property.
16. Termination of Special Use. If the person or entity granted the special use violates, allows or suffers the violation of the ordinances of the City of West Allis, the State of Wisconsin or the United States, on the premises covered by the special use, then the special use may be terminated.
17. Acknowledgement. That the applicants sign an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant agrees to the terms and conditions and has agreed that the grant of the Special Use Permit is conditioned on meeting the terms and conditions of this resolution.
_____________________________________________
Dave Weiss, Cross Point Church of West Allis (owner)
Mailed to applicants on the
______day of ____________, 2016
_______________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-1028-3-1-16