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Resolution relative to Special Use Permit for the proposed addition of training facilities (confined space and gas fire training equipment) to be located on the We Energies property at 330 S. 116 St. (Tax Key No. 414-9993-002)
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WHEREAS, We Energies, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.45(2) of the Revised Municipal Code of the City of West Allis, to amend Resolution No. R-2006-0209 for the addition of training facilities (confined space and gas fire training equipment) to be located on the We Energies property at 330 S. 116 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on November 8, 2006, 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, We Energies, has offices at 231 W. Michigan St., Milwaukee, WI 53203.
2. On August 1, 2006 (R-2006-0209) the Common Council adopted a Special Use Resolution for a 4,700 sq. ft. addition to the existing training/classroom building on site.
3. Other training facilities areas presently exist on site including areas for pole setting, heavy construction areas, rodeo/yard areas (which is toward the rear of the site and is used for training exercises such as pole climbing, tower training, and other installations that can be energized for training purposes).
4. The applicant owns the property at 330 S. 116 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northeast ΒΌ of Section 31, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Parcel 1 of the Certified Survey Map No. 6954.
Tax Key No. 414-9993-002
Said land being located at 330 S. 116 St.
5. The applicant generally uses the overall property as a training facility. Existing training facilities/areas and a 10,380 sq. ft. office and training building are present on site. We Energies is proposing to add training equipment within an area not currently used for training purposes. The added equipment within this area (gas fire training and confined space) is considered an intensification of the existing training special use.
6. The aforesaid area is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits training centers as a special use, pursuant to Sec. 12.16 and Sec. 12.45(2) of the Revised Municipal Code.
7. The subject property is located along the east side of S. 116 St. All surrounding properties are used as commercial and industrial uses.
8. The use, value and enjoyment of other property in the surrounding area will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of We Energies to amend Resolution No. R-2006-0209 for the addition of training facilities (life safety equipment) at 330 S. 116 St., 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 a site, screening, landscaping and architectural plan approved October 25, 2006, by the West Allis Plan Commission. No alterations or modification of 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. Off-street Parking. Parking for 35 vehicles is required for the entire building. Off-street parking for 55 vehicles is provided.
4. Hours of Operation. Hours of operation are Monday through Saturday from 6:00 a.m. to 8:00 p.m.
5. Paving and Drainage. The grant of this Special Use Permit is subject to paving and drainage plans being submitted to and approved by the Department of Building Inspections and Zoning. The grant of this special use is subject to and conditioned upon compliance with all applicable building and fire codes.
6. 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.
7. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, grease, and other waste materials will be fully enclosed within an approved structure.
8. Outdoor Lighting. All outdoor lighting fixtures and canopy 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 past the property boundaries. Canopy lighting shall be recessed within the canopy structure to limit light splay.
9. Expiration of Special Use Permit. 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. 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 supplying written explanation for extension of time;
B. a timeline/schedule for obtaining necessary permits, state and municipal approvals and target date for construction start;
C. the request for extension shall be submitted within 60 days of the expiration of the special use permit;
D. the extension, if granted, shall be valid for a period of six months. If no building permit has been issued and construction has not commenced within six months from the date the extension has been granted, the special use shall become null and void.
10. 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 _____________, 2006
___________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R585dlm 11-8-06