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Resolution relative to determination of Special Use Permit for the internal expansion of Head Start, an existing early childhood education and development services business, located at 1230 S. 61 St., also further encompassing 1204-10, 11**, 1132 S. 61 St., 1137-39, 11**, 12**, 1217 S. 60 St., and 6014 W. Madison St. (Tax Key Nos. 439-0167-000, 439-0168-000, 439-0169-000, 439-0160-000, 439-0161-000, 439-0162-000, 439-0163-000, 439-0164-000, and 439-0165-001)
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WHEREAS, John Noonan, d/b/a Social Development Commission, duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.42(2) of the Revised Municipal Code, to establish a daycare/educational institution facility within the existing St. Mary's Help of Christians School building located at 1230 S. 61 St.; and
WHEREAS, after due notice, a public hearing was held by the Common Council on October 17, 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, John Noonan, d/b/a Social Development Commission, has offices at 4041 N. Richards St., Milwaukee, Wisconsin 53212.
2. The applicant leases the subject property at 1230 S. 61 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner 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:
Lots 10 thru 29, all being part of the Block 1 in Resubdivision of Soldiers Home Heights Company's Subdivision.
Tax Key Number: 439-0167-000, 439-0168-000, 439-0169-000, 439-0160-000, 439-0161-000, 439-0162-000, 439-0163-000, 439-0164-000, and 439-0165-001.
3. The applicant currently leases the first floor and half the basement of the existing school building at the St. Mary's Help of Christians campus on the corner of S. 61 St. and W. Madison St. Small Treasures Children Center currently leases the second floor and the other half of the basement. Small Treasures is leaving the building and Head Start is applying for a Special Use to operate an early childhood education program/daycare (ages three to five) for the entire school building. With the expansion, Head Start is proposing to operate eight (8) half-day classrooms and two (2) full-day classrooms. Classes are held Mondays-Fridays, 7:30am - 5:00pm. Half-day classrooms operate on a 10-month schedule, similar to the Milwaukee Public Schools schedule, while the full-day classrooms operate year-round. Also with the expansion, Head Start is expecting their staff level to increase from 14 fulltime staff members to 32 staff members (including teachers, drivers, and other staff). The site contains a 4,000 sq. ft. play area just east of the school building. The applicant is not proposing any change to the play area, which is in good condition.
4. The aforesaid premises (the entire St. Mary's Help of Christians 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 daycare/educational institution facility will be located is zoned C-3 Community Commercial District, which permits residence daycares and educational institutions as a special use, pursuant to Sec. 12.42(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 north side of W. Madison St., between S. 60 St. and S. 61 St. which is zoned for residential and commercial purposes. Properties to the north and west are developed as residential. Properties to the east and south are developed as residential and commercial.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that John Noonan, d/b/a Social Development Commission, 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 12.41(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, Architectural and Signage Plans. The grant of this special use permit is subject to and conditioned upon approval of the site, landscape, and architectural elevation plans approved September 27, 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. 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. The day care facility will be open Monday through Friday from 7:00 a.m. to 6:00 p.m.
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 29 vehicles shall be provided and maintained on site, including two (2) ADA spaces. In accordance with Section 12.19 of the Revised Municipal Code, 17 parking spaces are required for the daycare/instructional facility, while 189 spaces are required for the remaining portion of the St. Mary's Help of Christians campus (rectory, church and gym). The gym and church require the largest number of off-street parking spaces, however, these uses are not used at the same time, and parking for the church and daycare/educational institution will be used during different days of the week. In addition, street parking is available along W. Madison St. and S. 61 St.
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.
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.
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. 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.
13. 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.
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-580\dlm\10-17-06