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Resolution relative to determination of special use application submitted by Sheri L. Pape, d/b/a Small Treasures Children's Center, Inc., to establish a day care facility at 7330 W. Lincoln Ave.
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WHEREAS, Sheri L. Pape, d/b/a Small Treasures Children's Center, Inc., duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code, to replace the former handicap care facility with a day care facility; and
WHEREAS, after due notice, a public hearing was held by the Common Council on December 16, 2003, at 7:00 p.m. in the Common Council Chambers 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, Small Treasures Children's Center, Inc. has offices at 1210 S. 61 St., West Allis, WI 53214.
2. The applicant has a valid offer to purchase the subject property at 7330 W. Lincoln Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of Section 3, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lots 19 thru 22, all being part of Agnew's Highland Acres Subdivision, Block 13.
Tax Key Number: 476-0601-002
Said land being located at 7330 W. Lincoln Ave.
3. The applicant has proposed to convert the former handicap care facility to a 7,920 square foot day care facility.
4. The intent of use for the Sheri L. Pape, d/b/a Small Treasures Children's Center, Inc., is to establish a day care facility for approximately 60 children.
5. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the zoning ordinance of the City of West Allis, which permits the location of a day care facility as a special use, pursuant to Sec. 12.41(2) of the Revised Municipal code.
6. The property is serviced by all necessary public utilities.
7. The subject property is part of an area on the north side of W. Lincoln Ave. between S. 73 St. and S. 74 St. which is zoned for commercial purposes. Properties to the north, south, west and east are developed as residential.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that Sheri L. Pape, d/b/a Small Treasures Children's Center, Inc., be and is hereby granted a special use:
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 Section 12.16 and Section 12.41(2) 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 screening and architectural plans approved by the City of West Allis Plan Commission on December 3, 2003, 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. Hours of Operation. The day care facility will be open daily from 6:00 a.m. to 6:00 p.m.
3. 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 Zoning and by the Fire Department.
4. Parking. Thirteen (13) parking spaces to be provided on site, including one (1) ADA space. The Zoning Code requires twenty-six (26) spaces.
5. 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.
6. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged, abutting sidewalk.
Applicant is 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.
The grant of this special use shall become null and void within one (1) year of the date thereof, unless construction is under way or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
The use, as granted herein, is subject to applicant's compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in questions.
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.
The use, as granted herein, will not be altered or extended (including structural alterations and/or additions) without approval of the Common Council, following public hearing, as provided in Sec. 12.16 of the Revised Municipal Code.
Mailed to applicant on the
_____day of______, 2003
_____________________
Acting City Clerk/Treasurer
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning and Zoning
h\r\ZON-R-409\jmg \12-16-03