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Resolution relative to determination of Special Use Permit for proposed AT&T (formerly SBC) easement expansion for a cross-box, fiber conversion cabinet, and power transfer switch box (telephone equipment) to be located within a city parking lot at 1351-53 S. 64 St. (Tax Key No. 439-0147-001).
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WHEREAS, Edward Polito, d/b/a MI-Tech Services, duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and 12.36(3) of the Revised Municipal Code to construct telephone equipment cabinet boxes within a city parking lot located at 1351-53 S. 64 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on April 18, 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, Edward Polito, d/b/a MI-Tech Services, has principal offices at 16510 W. Rogers Drive, New Berlin, WI 53151.
2. AT&T (whom the applicant is representing) currently has an easement agreement within this parking lot and wishes to expand the above ground telephone equipment easement area at the site located at 1351-53 S. 64 St., West Allis, Milwaukee County, Wisconsin 53214, more particularly described as follows:
Utility easement being located in the Southeast ¼ of Section 34, Township 7 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Part of the South 15.00 feet of Lot 12, being part of the Block 11 in Second Continuation of Soldiers Home Heights Company's Subdivision.
Tax Key No. 439-0147-001
Said land being located at 1351-53 S. 64 St.
3. AT&T currently has a 94-foot long, 10-foot wide easement agreement with the City along the north edge of the existing city parking lot behind Crawdaddy's Restaurant. The existing easement agreement allows for above ground telephone equipment to be placed on the western 10 feet of the 94-foot long easement strip. AT&T wishes to place a cross-box in that 10-foot area and expand the above ground telephone equipment easement area another 10 feet east for a fiber conversion cabinet and a power transfer switch box, for a total of a 20-foot area in which above ground telephone equipment will be located. The remaining 74 feet of the 94-foot easement area is dedicated to underground cable. The applicant will screen the above ground equipment with new landscaping and will replace any existing landscaping if it is damaged due to the construction of the telephone equipment.
The telephone equipment will provide services in the following distribution area:
From the railroad tracks west of S. 66 St., east to S. 61 St., between W. Lapham St. and the parking lot where the new equipment will be located (two lots north of W. Greenfield Ave.). This encompasses the new Six Points/Farmers Market Redevelopment Neighborhood.
4. The aforesaid area is zoned RB-2 Residence District under the Zoning Ordinance of the City of West Allis, which permits public utility services and other similar uses as a special use, pursuant to Sec. 12.16 and Sec. 12.36(3) of the Revised Municipal Code.
5. The subject property is located between S. 64 St. and S. 65 St., north of W. Greenfield Ave. Properties to the north are zoned for residential uses and properties to the east, south and west are used as residential and commercial uses.
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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Edward Polito, d/b/a/ MI-Tech Services, to construct above ground telephone equipment boxes within the existing city parking lot located at 1351-53 S. 64 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 and Screening Plans. The grant of this Special Use Permit is subject to and conditioned upon a site, landscaping and screening plan approved March 22, 2006, by the West Allis Plan Commission 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 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 Inspection and Zoning and by the Fire Department.
3. Easement Agreement. The grant of this Special Use Permit is subject to an Easement Agreement being reviewed and approved by the City Attorney and Department of Public Works.
4. Equipment Removal. Telecommunication equipment shall be removed from the property if the equipment becomes unusable, outdated, or if the lease expires.
5. 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.
6. 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 & Zoning
ZON-R551\bjb\4-18-06