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Resolution relative to determination of Special Use Application submitted by Greg Bredin, DBI, Inc., on behalf of C.U. Fleet Department, to construct a service bay addition to the existing building located at 2222 S. 114 St.
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WHEREAS, Greg Bredin, DBI, Inc. on behalf of C.U. Fleet Department, duly filed with the Acting City 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 construct a service bay addition to the existing building located at 2222 S. 114 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on March 6, 2003, at 7:30 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, C.U. Fleet Department, has offices at 2222 S. 114 St., West Allis, WI 53227. The application's representative, DBI, Inc., has offices at 1265 E. Wisconsin Ave., Pewaukee, WI 53072.
2. The applicant has a valid offer to lease said premises located at 2222 S. 114 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Lot 3 of Certified Survey Map No. 6146, being a redivision of the Parcel 2 of Certified Survey Map No. 5001, being a part of the Southeast 1/4 and the Southwest l/4 of the Southeast l/4 of Section 6, Township 6 North, Range 21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin.
Tax Key No. 481-9991-013
Said Property being located at 2222 S. 114 St.
3. The applicant is proposing to construct a 4,590 square foot service/repair addition on the east side of the existing building.
4. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits vehicle sales and display and vehicle repair as a special use, pursuant to Sec. 12.45(2) of the Revised Municipal Code.
5. The subject property is located on the north side of W. Lincoln Ave. between S. 114 St. and S. 111 St. Properties to the north, south, east and west are zoned manufacturing and are developed as commercial, manufacturing and municipal (WAPD).
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 as the site is currently used for vehicle sales and repair.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of C.U. Fleet Department, 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 and Sec. 12.45(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, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the approval of site, landscape, and architectural plans approved March 26, 2003, by the City of West Allis Plan Commission. 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 Inspections and Zoning and by the Fire Department.
3. 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.
4. Parking. A total of ninety (90) parking stalls are required per the Zoning Code and ninety-three (93) will be provided. Employee and customer vehicles shall not be parked in the public right of way (including vehicles being repaired and/or displayed on site).
5. Hours of Operation. Business hours of operation shall be Monday through Thursday from 8:30 a.m. to 7:00 p.m., Friday 8:30 a.m. to 5:30 p.m. and Saturday from 8:30 a.m. to 3:00 p.m. and closed on Sundays.
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. 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, are projected at least 15º below a horizontal plane running through the lowest point on the fixture where light is emitted. In no way shall light splay from the property boundaries.
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.
The grant of this special use shall become null and void within one year of the date thereof, unless construction is under way or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
The special 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.
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
13th day of May, 2003
/s/ Paul M. Ziehler
Acting City Clerk/Treasurer
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-376-5-6-02\jmg