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Resolution relative to determination of Special Use Permit for the continued operation of the Community Based Residential Facility within West Park Place, an existing retirement community, located at 7400 W. Greenfield Ave. (Tax Key No. 440-0415-001).
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WHEREAS, Sharon Marek, d/b/a West Park Place, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to establish a Community Based Residential Facility, within the existing building located at 7400 W. Greenfield Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on December 6, 2005, at 7:00 p.m., 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, Sharon Marek, d/b/a West Park Place, resides at 12955 W. Ohio Ct., New Berlin, WI 53151.
2. The applicant owns the property at 7400 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being part of the Otjen Pullen and Shenner's Subdivision, Block 9, located in the Southwest ¼ of Section 34, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Beginning at the southwest corner of Lot 24; thence Northerly, 173.00 feet; thence Northeasterly, 7.07 feet; thence Easterly, 50.00 feet; thence Southerly, 178.00 feet; thence Westerly, 60.00 feet to the Point of Beginning.
Tax Key No. 440-0415-001
Said land being located at 7400 W. Greenfield Ave.
3. West Park Place has established a 71-unit Community Based Residential Facility within its 143-unit retirement community.
4. The aforesaid premises is zoned C-1 Central Business District under the Zoning Ordinance of the City of West Allis, which permits Community Based Residential Facilities as a special use, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the northwest corner of W. Greenfield Ave. and S. 74 St. Properties to the west, east and south are developed as commercial. Properties to the north are developed as single and two-family residential.
6. The use, value and enjoyment of other property in the surrounding area for permitted uses will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as it has been operating as a 143-unit retirement community for over 20 years.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Sharon Marek, d/b/a West Park Place, to establish a 71-unit Community Based Residential Facility within the existing 143-unit retirement community, 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. 12.41(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 approval of the City of West Allis Plan Commission on November 30, 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 senior living facility is a 24-hour, 7 days per week operation.
3. Off-Street Parking. Off-street parking spaces to be provided in accordance with Sec. 12.19 of the Revised Municipal Code. Zoning requires a total of 90 parking spaces. West Park Place leases 38 parking spaces from the City of West Allis and this shall continue at a minimum. Additional parking, above what is required, is provided by City parking lots adjacent to West Park Place.
4. 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.
5. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
6. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
7. 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.
8. 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-536-12-6-05\bjb