Title
Resolution relative to determination of Special Use Application for Direct Drive Express, a motor freight terminal business, to be located at 11122 W. Rogers St. (Tax Key No. 481-9998-005).
Body
WHEREAS, C. Dudley Larson, d/b/a Direct Drive Express, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code of the City of West Allis, to permit motor freight terminals within the existing building at 11122 W. Rogers St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on November 15, 2005, at 5:00 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, C. Dudley Larson, d/b/a Direct Drive Express, has offices at 11041 W. Mitchell St., West Allis, WI 53214.
2. The applicant has an offer to purchase the property at 11122 W. Rogers St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southeast ¼ of Section 6, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lot 2 of Certified Survey Map No. 648.
Tax Key No. 481-9998-005
Said land being located at 11122 W. Rogers St.
3. The applicant has proposed to renovate the existing 20,000 square foot building (formerly SAI Roofing Company) and utilize it as a motor freight terminal, bulk water delivery and associated offices. The building will consist of 4,600 square feet of office area, 6,500 square feet for service bays, and 16,150 square feet for warehousing.
4. The aforesaid premises is zoned M-1 Manufacturing District under the zoning ordinance of the City of West Allis, which permits freight terminals as a special use, pursuant to Sec. 12.16 and Sec. 12.45(2) of the Revised Municipal Code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of an area extending along the north side of W. Rogers St., which is zoned for manufacturing purposes. The property is bounded in all directions by commercial and industrial development.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of C. Dudley Larson, d/b/a Direct Drive Express, to establish a motor freight terminal business, 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. 12.45(2) and 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, landscape, and screening and architectural plans approved by the City of West Allis Plan Commission on October 26, 2005, 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 facility will be open from 5:00 a.m. to midnight, 7 days per week.
3. Refuse Area. If the refuse is placed outside, the refuse area shall be screened from view on four sides, be equipped with a personnel door, and be large enough to accommodate all outdoor storage of refuse containers and recyclables.
4. Litter. Applicants and staff shall be responsible for inspection of the site and pick up of litter on a daily basis.
5. 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.
6. Paving and Drainage. The grant of this special use is subject to a paving and drainage plan being submitted to and approved by the Department of Building Inspections and Zoning.
7. Off-Street Parking. The facility is required to provide 33 parking stalls; a total of 33 are provided on site.
8. Signage and Lighting Plans. The grant of this special use is subject to the removal of all existing signage on site and signage and lighting plans being submitted to the Plan Commission for approval within one year. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
9. 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.
10. Window Signage. Any building window signage shall not exceed 20 percent of each window's area.
11. 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.
12. 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 applicants 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.
13. 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.
Mailed to applicant on the
________day of _____________, 2005.
________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-534\bjb\11-15-05