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Resolution relative to determination of Special Use Permit for proposed WAWM School District 4K school/educational center and recreational activities at the Recreation 4K Center, located at 2450 S. 68 St.
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WHEREAS, Andrew Chromy, on behalf of the West Allis West Milwaukee School District, duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.48(3) and Sec. 12.16 of the Revised Municipal Code, to establish an educational institution and school, including public recreation and social facilities within the existing Recreation Center, located at 2450 S. 68 St., in an approximate 19,000 square foot facility with approximately 5 classrooms, a lunch/multi-purpose room, the Survive Alive House, and various administrative offices, storage and related ancillary space; and,
WHEREAS, after due notice, a Public Hearing was held by the Common Council on March 17, 2015, 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, Andrew Chromy, on behalf 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 currently owns the property located at 2450 S. 68 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Northeast ΒΌ of Section 10, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as:
Lot 6 in the Block 7 of the Assessors Plat No. 266 and the entire Block 7 of the Hinkley Homes Subdivision, including adjacent vacated alley.
TAX KEY NO.: 489-0088-001
Said land being located at 2450 S. 68 St.
3. The applicant is proposing to establish classrooms for full-day, four-year-old kindergarten of approximately 70 students within the existing Recreation Center. The facility would also continue to operate its existing daytime Survive Alive Fire Safety Program for up to 36 students per session in January and February, and regular afterschool SAFE programs for approximately 30 students from 3:15 p.m. to 5:30 p.m.
4. The aforesaid premises is zoned P-1 Park District under the Zoning Ordinance of the City of West Allis, which permits schools as a Special Use, pursuant to Sec. 12.48(3) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of a predominantly residential neighborhood surrounded by W. Arthur Ave. to the south, S. 68 St. to the west, W. Hayes Ave. to the north and S. 67 to the east. The adjacent area is zoned and utilized for residential purposes.
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 Andrew Chromy, on behalf of the West Allis West Milwaukee School District, to establish an educational institution and school, including public recreation and social facilities within the existing Recreation Center, located at 2450 S. 68 St., in an approximate 19,000 square foot facility with approximately 5 classrooms, a lunch/multi-purpose room, the Survive Alive House, and various administrative offices, storage and related ancillary space, 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 February 25, 2015 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 8:00 a.m. to 3:30 p.m., with an afterschool SAFE program from 3:30 p.m. to 5:30 p.m. The grant of this Special Use shall allow operating hours on premise within the hours of 7:00 am - 10:00 pm 7 days a week. There may be special events, including public recreation and social events on certain designated evenings and weekends, as well.
5. Enrollment Cap. The enrollment cap for the school shall be 100 students, with Common Council review and approval required for modification. (This cap is being put in place as a threshold based on concerns that increased enrollment may have on parking and pick up and drop off operations. This cap is not tied to any type of Fire Code restriction and it does not take the place of that restriction, if this number is higher than what is allowed by the Fire Department.)
6. Off-Street Parking. Based on total floor area, classrooms, administrative offices and gymnasiums, Sec. 12.19 of the Revised Municipal Code requires 15 parking spaces onsite, including 1 ADA space (calculated at one per classroom, one per 300 sq. ft. of administration and support areas, and one per 1,500 sq. ft. of storage.) Off-street parking is provided for 38 vehicles, including 4 ADA stalls.
7. Circulation. The West Allis West Milwaukee School District shall submit a circulation pattern plan to the Department of Development for the review and approval of the Engineering Department of any drop-off and staging taking place within the vicinity related to the operation of this facility.
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(10) 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, then 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.
___________________________________________________
Andrew Chromy, West Allis West Milwaukee School District
Mailed to applicant on the
_______day of ___________________, 2015
____________________________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Neighborhood Services
Div. of Planning
ZON-R-990-3-17-15