Title
Resolution relative to determination of Special Use Permit for the West Allis West Milwaukee School District to establish an educational institution and school within the former Heritage Christian School located at 1300 S. 109 St.
Body
WHEREAS, Kurt D. Wachholz, on behalf of the West Allis West Milwaukee School District, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.33(2) and Sec. 12.16 of the Revised Municipal Code, to re-establish an educational institution and school including public recreation and social facilities within the former Heritage Christian School, which is also the West Allis West Milwaukee School District's former Lane School, located at 1300 S. 109 St., a 127,000 square foot facility with approximately 40 classrooms, two gymnasiums, various administrative offices and related ancillary space; and,
WHEREAS, after due notice, a Public Hearing was held by the Common Council on December 3, 2013, at 7:00 p.m., and 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, Kurt D. Wachholz, Superintendent of the West Allis West Milwaukee School District, has offices at 1205 S. 70 St., West Allis, WI 53214.
2. The West Allis West Milwaukee School District approved the purchase of the property located at 1300 S. 109 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner located in the Southeast ΒΌ of Section 31, Township 7 North, Range 21 East, in the City of West Allis, Milwaukee County, describes as follows:
Beginning on the northwest corner of Lot 1 in Block 2 in the Assessors Plat No.64; thence Easterly, 240.00 feet, along south right-of-way line of West Washington Street; thence Southerly, 106.97 feet; thence Westerly, 106.50 feet; thence Southerly, 106.00 feet; thence Easterly, 105.00 feet; thence Southerly, 456.00 feet; thence Southeasterly, 139.93 feet; thence Westerly, 251.16 feet, to the east right-of-way line of the South 109th Street; thence Northerly, 808.32 feet, along said east line to the Point of Beginning.
TAX KEY NO.: 445-0715-002
Said land being located at 1300 S. 109 St.
3. The applicant is proposing to occupy the existing school building to create additional classroom space for their existing Elementary and Intermediate enrollment, which will be reorganized to utilize the 127,000 square foot facility.
4. The aforesaid premises is zoned RA-3 Residence District under the Zoning Ordinance of the City of West Allis, which permits schools as a Special Use, pursuant to Sec. 12.33(3) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of an area extending along the west side of S. 108 St. between W. Greenfield Ave. and W. Washington St., which is zoned for residential and commercial purposes. Properties to the north, south and east are developed with commercial uses. Properties to the west are developed with residential uses.
6. The proposed development, as conditioned, should not adversely contribute to traffic volumes or traffic flow in the area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Kurt D. Wachholz, on behalf of the West Allis West Milwaukee School District, to occupy the existing 127,000 sq. ft. school facility, 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 Secs. 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 Architectural Plans. The grant of this Special Use Permit is subject to and conditioned upon the site, landscaping and architectural plans being approved at the December 4, 2013 by the City of West Allis Plan Commission as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis.
a. Student drop off area and Off-Street Parking. The grant of this special use is subject to an off-street student drop off area being indicated upon the approved site plan.
No alteration or modification of the approved plan shall be permitted without approval by the 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 Neighborhood Services (BINS) and by the Fire Department.
3. 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 any damaged, abutting sidewalk.
4. Operations. School hours are from approximately 6:00 a.m. to 5:00 p.m. There will be special events including public recreation and social events on certain designated evenings and weekends as well. The gymnasiums may be utilized evenings and weekends, as needed.
5. Enrollment Cap. The enrollment cap for the school shall be 1,000 students, with Common Council review and approval required for modification.
6. Off-Street Parking. Based on total floor area, classrooms, administrative offices and gymnasiums, Sec. 12.19 of the Revised Municipal Code requires 266 parking spaces onsite, including 7 ADA spaces (calculated with 90 parking stalls being required for daytime school use and 176 parking stalls being required for the use of the two gymnasiums, as it is possible for these uses to run concurrently). Off-street parking is provided for 174 vehicles, including 6 ADA stalls.
With the approval and signed execution of this Resolution, the Common Council agrees to allow revised minimum parking requirements, in accordance with Sec. 12.16(9)(a) of the Revised Municipal Code.
7. Circulation. The school shall operate a clockwise circulation pattern with bus drop-off and staging taking place on the east side of S. 109 St. Bus routes shall arrive onto S. 109 St. from the south from W. Greenfield Ave. and exit by turning right (east) onto W. Washington St. to exit onto S. 108 St.
8. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, and other waste materials will be fully enclosed within an approved structure.
9. Refuse Collection. Refuse collection to be provided by commercial hauler.
10. Signage. The grant of this Special Use is subject to all signage plans being submitted to the Department of Development for approval. Banners, flags, free-standing signs used for advertising shall not be permitted without the approval of the Common Council.
11. Window Signage. Any building window signage shall not exceed twenty percent (20%) of each window's area.
12. 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 without Plan Commission approval.
13. 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.
14. Outdoor Storage. Outdoor storage of equipment, cars, trucks or trailers for non-West Allis West Milwaukee School District purposes shall not be permitted and not withstanding subsection 13.28(j) of the Revised Municipal Code relative to storage of State Fair trailers, wagons, or other similar vehicles used to transport livestock or other similar products.
15. 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.
16. 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.
17. Lapse. If the applicant does not meet all of the terms and conditions set forth in this grant of a special use within one year of the granting thereof, then the Special Use Permit shall lapse and become null and void and the applicant shall forfeit any right to use the property as conferred by the Special Use Permit. The failure of the applicant to meet the terms and conditions of the Special Use Permit shall subject the permit to being declared void by the Common Council after notice to the applicant and a hearing before the Safety and Development Committee. Upon a finding and recommendation by the Committee to the Common Council on the matter, the applicant and/or any interested person may make comments regarding the matter to the Common Council prior to the Common Council's next regular meeting following the recommendation. Upon the Common Council's finding that the Special Use Permit has lapsed and become void, the applicant shall cease all operations at the property.
18. Termination of Special Use. If the person or entity granted the special use violates, allows or suffers the violation of the ordinances of the City of West Allis, the State of Wisconsin or the United States on the premises covered by the special use, the special use may be terminated.
19. Acknowledgement. That the applicants and property owner sign an acknowledgment that they have received these terms and conditions and will abide by them.
The undersigned applicants and property owner agree to the terms and conditions and has agreed that the grant of the Special Use Permit is conditioned on meeting the terms and conditions of this resolution.
___________________________________________________
Kurt D. Wachholz, West Allis West Milwaukee School District
Mailed to applicant on the
_______day of ___________________, 2013
____________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Neighborhood Services
Div. of Planning
ZON-R-940-12-11-13- As Amended- gmj