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Resolution relative to determination of Special Use Application submitted by Premier Care Centers for the construction of a 20-unit (22-bed capacity) assisted living Community Based Residential Facility (CBRF) on Mitchell Manor senior living campus located at 5301 W. Lincoln Ave.
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WHEREAS, Kalman Wenig duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.37(3) of the Revised Municipal Code of the City of West Allis, for a 20-unit (22 bed capacity) addition, an elevator addition, and a detached garage addition; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on February 18, 2004 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, Kalman Wenig, Premier Care Centers, has offices located at 5301 W. Lincoln Ave., West Allis, WI 53219. The architect, Kevin Brice, Architect, has offices at 205 W. Highland Ave., Milwaukee, WI 53203.
2. The applicant owns the property at 5301 W. Lincoln Ave., West Allis, Milwaukee County, Wisconsin. The property is more particularly described as follows:
All that land of the owner being located in the Northwest ¼ of Section 11, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Blocks 2 and 3 of the Mitchell Manor Subdivision and all of the adjoining vacated alleys and adjoining vacated South 53 Street.
Tax Key No. 491-0016-001
Said land being located at 5301 W. Lincoln Ave.
3. The applicant is proposing to construct a one-story, 20-unit (22-bed capacity) addition for persons with dementia, a 4-story elevator addition, and a detached garage addition on 8.5 acres of land.
4. The aforesaid premises is zoned RC-1 Residence District under the Zoning Ordinance of the City of West Allis, which permits a community based residential facility as a special use, pursuant to Sec. 12.16, Sec. 12.31(3) and Sec. 12.37(3) of the Revised Municipal Code.
5. The subject property is part of an area on the south side of W. Lincoln Ave. between S. 54 St. and S. 57 St. which is zoned for Multi-family residential purposes along W. Lincoln Ave. Properties to the north are developed as commercial. Properties to the south, west and east are developed as residential.
6. The proposed development should not contribute to traffic volume or traffic flow in the area as the site will not generate significant traffic flow.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Kalman Wenig 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, and Screening Plan and Architectural Elevations. The grant of this Special Use Permit is subject to and conditioned upon the site and screening plan and architectural elevations to be approved on February 25, 2004, by the West Allis Plan Commission as provided in Sec. 12.13 of the Revised Municipal Code. No alterations or modification to the approved plan shall be permitted without approval by the West Allis 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 Zoning and by the Fire Department.
3. Paving and Drainage. Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.
4. Parking. Twelve additional parking stalls will be provided on site for a total of 127.
5. Refuse Collection. Refuse collection to be by commercial hauler.
6. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
7. Yard Requirements. The grant of this special use is subject to compliance with all yard requirements for the district in which the property is located.
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, abutting sidewalk.
9. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, do not splay from the property boundaries. Full cut-off lighting fixtures shall be utilized on site to limit light splay to no greater than 5 foot candles at any property line.
10. Outdoor Storage and Display. No unscreened outdoor storage shall be permitted on site.
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 special 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 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 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 _____________, 2004
_____________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-417-amended-2-18-04\jmg