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Resolution relative to determination of Special Use Permit for proposed Crash One automotive repair facility to be located within the existing building and an exterior vehicle sales and display area at 11330 W. Lincoln Ave. (Tax Key No. 481-9991-011)
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WHEREAS, Tom Burns, d/b/a Greenfield, LLC., 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, to establish a vehicle repair facility within a portion of the existing building and an exterior vehicle sales and display area located at 11330 W. Lincoln Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 16, 2006, 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, Tom Burns, d/b/a Greenfield, LLC., has offices at 2222 S. 114 St., West Allis, WI 53227.
2. The applicant owns the property at 11330 W. Lincoln Ave., 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, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Parcel 1 of Certified Survey Map No. 6146.
Tax Key No. 481-9991-011
Said land being located at 11330 W. Lincoln Ave.
3. The applicant is proposing to lease part of the building space (11,408 sq. ft.) to Crash One, an automotive repair facility and to occupy a portion of the building space (2,652 sq. ft.) for his business, CU Fleet. CU Fleet will also be utilizing the 9 parking spaces abutting W. Lincoln Ave. for exterior vehicle sales and display. CU Fleet's occupancy will utilize 1.06 acres of the 1.83-acre site. In addition, 33% of the site will be landscaped. Crash One's repair vehicles will be kept inside the building at all times.
4. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits automotive repair facilities and vehicle sales and display as a special use, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located at the northeast corner of the intersection of W. Lincoln Ave. and S. 114 St. Properties to the north are developed as manufacturing. Properties to the east, south and west are developed as manufacturing and commercial.
6. 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 Tom Burns, d/b/a Greenfield, LLC., to establish an auto repair facility and an exterior vehicle sales and display area, 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, Screening, and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, screening and architectural plans approved by the City of West Allis Plan Commission on April 27, 2006, 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. A signage plan approved by the Department of Development is also required.
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. The auto repair use is required to provide 76 spaces and the vehicle sales and display use is required to provide 12 parking spaces, for a total of 88 required off-street parking spaces, including four (4) ADA spaces. Sixty-eight (68) customer and employee parking spaces are available on site, including three (3) ADA spaces, plus nine (9) exterior sales and display spaces to be provided, for a total of 77 provided parking spaces. Employee vehicles and customer vehicles being serviced shall not be parked in the public right of way (including vehicles being repaired or stored on site). All storage of vehicles services, awaiting service, or stored prior to service will be conducted indoors within the approved auto repair use area and screened from view.
4. Hours of Operation. The auto repair shop will be open Monday through Friday from 8:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 12:00 noon. CU Fleet's operation will be open Monday through Friday from 8:00 a.m. to 7:00 p.m. and on Saturday from 8:00 a.m. to 3:00 p.m.
5. 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.
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. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
8. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
9. Sidewalk Repair. The grant of this special use is subject to compliance with Section 2814 of the City's Policy and Procedures Manual relative to that policy as it relates to the replacement and repair to City walkways of damaged or defective (if any) abutting sidewalk.
10. 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.
11. 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.
12. Miscellaneous.
A. 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.
B. The 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.
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
ZON-R-556\5-16-06\jmg