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Resolution relative to determination of Special Use Permit for Element 84 (building B), a proposed multi-family residential building, to be located at 8426 W. Orchard St.
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WHEREAS, Jonathan Ross, on behalf of Ogden and Company, Inc. duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.16, Sec. 12.42(2) of the Revised Municipal Code of the City of West Allis, for the development of a multi-family residential building at 8426 W. Orchard St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on June 7, 2016 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. Ogden and Company, Inc., has offices at 1665 N. Water St., Milwaukee, WI 53202.
2. The applicant has a valid offer to purchase the property from the Community Development Authority of the City of West Allis as legally described below located in the City of West Allis, Milwaukee County, Wisconsin, more particularly described as follows, to-wit:
All that land of the owner being located in the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Beginning at the Southwest corner of the Lot 4 of the Certified Survey Map No. 6510; thence North 88°06’07” East, 102.84 feet; thence North 01°00’19” West, 224.74 feet; thence North 88°07’09”, 50.00 feet; thence North 01°00’37” West, 47.51 feet; thence North 88°04’54”, 389.86 feet; thence South 01°03’19” East, 262.30 feet, to the North right-of-way line of West Orchard Street; thence South 88°06’07” West, 234.60 feet; thence South 00°22’11”, 1.34 feet; thence South 89°37’49” West, 8.05 feet; thence South 00°22’30” East, 14.10 feet; thence South 89°35’43” West, 197.25 feet to the Point of Beginning.
Tax Key Number: 452-0711-000. This Tax Key number may change with the expected recording of the Certified Survey Map which is tied to this proposal
Said land being approximately 2.8 acres and located at 8426 W. Orchard St. (a future address). The current address being the 8200 Block W. Orchard St. (Tax Key No. 452-0711-000).
3. The aforesaid premise is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits multi-family residential uses, pursuant to Sec. 12.16, Sec. 12.42(2) of the Revised Municipal Code.
4. The applicant is proposing to establish two (2) four story multi-family residential apartments with a total of up to 210 residential apartment units. Building A will consist of about 104 apartments and Building B will consist of about 106 apartments. Each building will be constructed upon two separate lots as approved via the Certified Survey Map.
The development project will be called Element 84 and in total will be built upon 5.5 acres of land. Building B will be situated on a portion of land that once was occupied by a factory/Milwaukee Gray Iron. This area is currently owned by the Community Development Authority. The City of West Allis has received an offer to purchase the property and is entering into a purchase and sale agreement for a future multi-family residential development.
This resolution provides the special use agreement for the north multi-family residential building (Building B) at 8426 W. Orchard St. Floor plans for this building will offer a range of floor plan types including studio apartments, one bedroom units, one bedroom with den, two bedroom units and two bedroom with den apartment units. In total, about 140 bedrooms are proposed for Building B.
The proposed redevelopment will feature various amenities including: both underground and surface off-street parking on premise and also on an existing detached surface parking lot (that will be sold to the developer) located at S. 83 St. and W. Orchard St. (Tax Key No. 452-0417-001, 1502 S 83 St. and 452-0415-000, 1500 Block S 83 St).
A central courtyard, common to both buildings (A and B), will be provided for residents and will offer common area amenities such as outdoor patios, seating areas, landscaping, grills, a fire pit, roof-top patio/green roof garden area a pool and cabana area within the development. The overall development will also feature a fitness center, club room, lobby, a pet grooming/wash area and car wash facility (within the underground parking areas). Pedestrian walkways will be incorporated into the development to link with that of surrounding businesses and to make an accessible connection with public right of way.
5. The subject property is located near the intersection of S. 83 St. and W. Orchard St. Land areas are currently zoned for commercial purposes (C-3/Community Commercial District). Properties to the north, west and east are developed as commercial. Properties to the south will be developed as multi-family residential and commercial (mixed use). The property to the south will be part of the redevelopment project and regulated under separate resolution. The redevelopment is consistent with the 2030 Future Land Use Plan for the City.
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 submitted by Jonathan Ross on behalf of Ogden and Company, Inc., for Element 84 (building B), a proposed multi-family residential building, to be located at 8426 W. Orchard 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, Screening and Architectural Plans. The grant of this Special Use Permit is subject to and conditioned upon the site, screening and architectural plans approved by the West Allis Plan Commission on May 25, 2016. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission.
2. Building Plans, Fire Codes and Licenses. 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 and by the Fire Department. All applicable Federal, State and local licenses being applied for and approved. Capacity shall be in accordance with limits of occupancy load calculations as approved by Building Inspection and Fire Department.
3. Off-Street Parking. The Element 84 Redevelopment project shall provide off-street parking in accordance with Sec. 12.19 of the Revised Municipal Code:
a. Required Parking. Based upon the project plans approved by the Plan Commission, a total of 359 parking stalls are required (consisting of 186 off-street parking spaces for Building A and 173 spaces for Building B).
b. Provided Parking. The Element 84 Redevelopment project will provide off-street parking arrangements to satisfy the above referenced minimum off-street parking requirement of 359 spaces. The developer proposes to provide 390 parking spaces (includes surface and underground spaces).
The Common Council shall have the authority to change the minimum parking requirements in accordance with Sec. 12.16(9)(a) of the Revised Municipal Code.
4. Deliveries, Refuse and Recyclable Collection. To be provided by a commercial hauler. All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure or as approved by the Department of Development to match the building. All tenants of the property will be required to abide by the City of West Allis health/public nuisance rules per Chapter 7 of the Revised Municipal Code. Delivery operations and refuse pick up shall only be permitted during daytime hours. These functions shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m.
In accordance, plans, recyclables and refuse generated will be dispensed via internal garbage chutes and deposited in a containment area within the underground parking area. On recycle and garbage pickup days, containers will be transferred to an outdoor location that shall be fully screened from view. All refuse, recyclables and other waste material shall be screened from view within an approved 4-sided enclosure to match and/or complement the buildings. Frequency of refuse pick up shall be 2 times per week.
5. Window Signage. Any window signage shall not exceed twenty (20) percent of the glazed portion of each window frame and be attached to the interior of the window area. No flashing window signage.
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. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, grease, and other waste materials will be fully enclosed within an approved structure.
8. 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, (if any) abutting sidewalk.
9. Lighting. All exterior lighting fixtures and/or lighting visible from public right-of-way shall be indirect and shielded in such a manner that no light splays from the property boundaries. Lighting is subject to a photometric lighting plan being approved by the Plan Commission.
10. Noxious Odors, Etc. The use shall not emit foul, offensive, noisome, noxious or disagreeable odors, gases or effluvia into the air. Mechanical systems shall be maintained to efficiently remove noxious odors.
11. Pollution. The use shall not cause any noxious or unwholesome liquid or substance or any dirt, mud, sand, gravel, or stone refuse or other materials to be deposited upon any public right of way or flow into any sanitary sewer, storm sewer, or water supply system, or onto adjacent properties.
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.
14. 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.
15. 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.
16. Acknowledgement. That the applicant signs an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant agrees 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.
____________________________________________
Jonathan Ross, or agent for Ogden and Company, Inc.,
_______________________________________________________________________
John F. Stibal, Executive Director, Community Development Authority (property owner)
Mailed to applicant on the
______day of ____________, 2016
_______________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-1042-6-7-16