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Resolution relative to determination of Special Use Permit to construct a classroom addition to the existing MATC school building located at 1200 S. 71 St. (Tax Key No. 440-0254-001)
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WHEREAS, Al Evinrude, d/b/a Milwaukee Area Technical College (MATC), duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.36(2) of the Revised Municipal Code, to construct a 3-story classroom addition to the existing MATC School building located at 1200 S. 71 St.; and
WHEREAS, after due notice, a public hearing was held by the Common Council on December 19, 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, Al Evinrude, d/b/a Milwaukee Area Technical College (MATC), has offices at 700 W. State St., Room M104, Milwaukee, Wisconsin 53233.
2. The applicant owns the subject property at 1200 S. 71 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ΒΌ of Section 34, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Lots 5 thru 21 in Block 2 of the Otjen Pullen & Shenner's Subdivision.
Tax Key Number: 440-0254-001
3. MATC is proposing to construct a 3-story infill addition to the existing school building on S. 71 St. Each floor will include 1,800 gross square feet, for a total of 5,400 gross square feet. The first floor will contain two (2) classrooms, the second floor will contain one (1) classroom and one (1) computer lab, and the third floor will contain one (1) classroom and one (1) science lab. The addition will be located between the 1975 addition and the 1997 addition and will replace the existing connector link between these two buildings. The addition is being constructed for the existing student base and will not result in a higher student attendance.
4. The aforesaid premises (the entire MATC campus) is split-zoned RB-2 Residence District and C-3 Community Commercial District under the zoning ordinance of the City of West Allis. The school building where the proposed 5,400 sq. ft. addition will be located is zoned RB-2 Residence District, which permits colleges as a special use, pursuant to Sec. 12.36(2) of the Revised Municipal code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of an area along the east side of S. 71 St., between W. Washington St. and W. Madison St. which is zoned for residential and commercial purposes. Properties to the west are developed as residential. Properties to the north, east and south are developed as commercial.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that Al Evinrude, d/b/a Milwaukee Area Technical College (MATC), be, and is hereby granted a special use:
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 Section 12.16 and Section 12.36(2) 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, and Architectural Plans. The grant of this special use permit is subject to and conditioned upon approval of the site, landscaping and screening, and architectural plans approved December 6, 2006 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. The Plan Commission granted a one-year extension of time to complete the building addition (December 2008). 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 Zoning and by the Fire Department.
3. Hours of Operation. Full educational hours of operation are Monday through Friday from 7:00 a.m. to 9:30 p.m., Saturday 8:00 a.m. to 4:30 p.m., and closed on Sunday. Support personnel and limited faculty are on campus prior to and after normal school hours for opening/closing support activities. Special events are also occasionally held outside of normal operating hours.
4. Licenses and Permits. Subject to applicant obtaining all required State of Wisconsin licenses and permits.
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. Parking. Off-street parking spaces for 18 vehicles are required for the 5,400 sq. ft. building addition. Based on the 182,639 sq. ft. of gross floor area for the entire MATC campus (which includes the daycare building on S. 72 St. and the new building addition), 609 parking spaces are required. MATC provides 574 parking spaces, including 12 ADA stalls, which meets handicap-parking requirements.
7. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
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 and/or compactor.
9. Refuse Collection. Refuse collection to be provided by commercial hauler and stored within a four-sided enclosure large enough to accommodate all outdoor storage of refuse and recyclable containers and/or compactor.
10. 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.
11. 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 damaged, abutting sidewalk.
12. Faculty and Staff Parking. Faculty and Staff shall park in the MATC Child Care Center parking lot when parking lots immediately adjacent to the primary campus building cluster reach capacity.
13. Annual Meeting. MATC shall conduct, at least once annually, a neighborhood meeting to inform residents of school activity and assign a contact person at the school and furnish his or her phone number to residents.
14. 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.
15. 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.
16. Enrollment Cap. There will be an Enrollment Cap set at one-half (1/2) the level of projected enrollment increase between 1995 and 2000 as contained in the Final Environmental Impact Statement dated June, 1995.
Mailed to applicant on the
_____day of______, 2006
_____________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning and Zoning
ZON-R-590\dlm\12-19-06