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Resolution relative to determination of Special Use application for the proposed demolition of the existing West Allis Animal Hospital and construction of a new veterinary clinic to be located on the proposed consolidation of properties at 8130 W. National Ave. and 1736 S. 82 St. (Tax Key no. 452-0606-002 and 452-0606-001).
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WHEREAS, Dr. Brian Nelson, on behalf of the West Allis Animal Hospital, duly filed with the City Clerk\Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code of the City of West Allis for the proposed demolition of the existing animal hospital and construction of a new animal hospital located at S. 82 St. and W. National Ave. (8130 W. National Ave. and 1736 S. 82 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on September 5, 2006 at 7:00 p.m., and 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, Dr. Brian Nelson, on behalf of the West Allis Animal Hospital, is requesting approval of the project which includes new construction of an animal hospital at 8130 W. National Ave. and 1736 S. 82 St.
2. The applicant owns the property located at 8130 W. National Ave. and 1736 S. 82 St., West Allis, Milwaukee County, Wisconsin. The property is more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lots 1, 2 and 3 in Block 7 of the Assessors Plat No. 259.
(Tax Key Nos.: 452-0606-001 and 452-0606-002)
3. The existing building at 1736 S. 82 St. is currently occupied and permitted as a veterinary clinic within the C-2 Neighborhood Commercial District. The proposed new construction requires a Special Use Permit.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits veterinary clinics as a special use, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code.
5. The subject property is part of an area on the north side of W. National Ave. between S. 81 St. and S. 82 St., which is zoned for commercial purposes. Properties to the south, east and west are developed as commercial and mixed use. Properties to the north are developed as residential.
6. The proposed development should not contribute to adverse traffic volume or traffic flow in the area as the site is currently used as a veterinary clinic and the new site layout will provide off-street parking on site.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Dr. Brian Nelson, on behalf of the West Allis Animal Hospital, be and 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 Sec. 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, and Architectural Plans. The grant of this Special Use Permit is subject to and conditioned upon the site, screening and architectural plans approved on August 23, 2006, by the West Allis Plan Commission. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission
2. Parking. Parking for twenty-one (21) vehicles is required. A total of eleven (11) spaces will be provided, which includes one (1) ADA stall. The Common Council may vary the parking requirement for a Special Use in accordance with Section 12.16 (9)(a) of the Revised Municipal Code. The rationale for varying the parking requirements for the West Allis Animal Hospital as follows:
a. The proposed animal hospital will provide eleven (11) off-street parking stalls on site. The existing hospital does not provide any off-street parking.
b. Street parking for ten (10) vehicles is available along the commercial frontages of W. National Ave. and S. 82 St.
c. The West Allis Animal Hospital employs a total of 16 people. Only seven (7) to eight (8) persons/employees are on site at any given time.
d. The animal hospital sees on average 25-30 clients per day with the typical visit
Lasting approximately 20 minutes.
3. Hours of Operation. The hours of operation to be as follows: Monday thru Friday, 7:00 a.m. to 6:00 p.m.; Saturday, 7:00 a.m. to 1:00 p.m.
4. Grant of Privilege. The grant of this special use is subject to Grant of Privilege being approved by the Board of Public Works.
5. Signage. All signage for the site will be in accordance with the West Allis Signage Ordinance.
6. 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.
7. Paving and Drainage. Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.
8. 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, (if any) abutting sidewalk.
9. Outdoor Lighting. A light splay shall be contained on site.
10. 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.
11. Miscellaneous.
A. 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.
B. 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 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.
Applicant is advised that the foregoing conditions are reasonably necessary to protect the public interest and 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 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 question.
The special use, as granted herein, shall run with the land and benefit 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 _____________, 2006
___________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R576\dlm\9-5-06