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Consideration of a Conditional Use Permit to establish a daycare in the General Commercial (C2) zone at 7303 W. Center Street, Ladon Wilson, applicant
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is requesting a Conditional Use Permit to operate a day care facility at 7303 W. Center Street, located within the General Commercial (C-2) zoning district. The project site is surrounded by residential uses on the west, south, and north, with a church to the east.
The proposed facility will accommodate up to 35 children and will be staffed by approximately three to four employees per shift. The proposed hours of operation are 6:00 a.m. to 11:00 p.m., Monday through Friday. A proposed outdoor play area is located at the rear of the property and will be enclosed by a wood fence.
No on-site parking is provided for the facility. However, street parking is available along W. Center Street and on the east side of N. 73rd Street. The applicant has included a parking and circulation plan as part of the project description identifying available street parking, designated pick-up and drop-off times, and a five-minute pick-up and drop-off period during which parents would be required to walk their children into the facility.
The required public hearing for this request was held before the Common Council on September 29, 2026. During the meeting, the applicant spoke in support of the proposal. No members of the public spoke in opposition.
B. Staff Comments
Planning/Zoning Division
This Conditional Use request supports the goals and objectives outlined in the City of Wauwatosa Comprehensive Plan, specifically supporting local businesses and enhancing the City's tax base and Supporting development, improvement, and reinvestments in local commercial areas to promote a dynamic, vibrant, and accessible character and appearance as well as a mix of businesses (WCP, p. 20).
Building Division
Design Review Board approval is required for any exterior changes. Architectural supervision, plan review, and all applicable building permits are also required. A final occupancy inspection and approval must be obtained prior to occupancy.
City Assessor’s Office
Provide detailed costs of any alterations and/or new construction, as well as income and expense information as requested by the Assessor’s office
City Clerk’s Office
No comments.
Engineering Division
Site plan permit approval for the outdoor play area is required.
Because there is ample parking available on Center Street, it is not recommended that a loading zone is created at this time. Staff will work with the applicant if parking issues arise and changes to existing parking regulations can be considered by the Transportation Affairs Committee if warranted.
For existing buildings, any building project in excess of $100,000 is subject to sanitary sewer lateral replacement or repair if the existing lateral does not pass Board of Public Works testing requirements according to City Code 13.30.030.
City records show that this building is served by an existing 1-inch lead water lateral from the building to the 6-inch water main in N. 73rd Street. Staff strongly recommends that this lead piping is replaced.
If sprinklers are required by the Fire Department, fire flow calculations in accordance with City Code 14.20.080 will be required.
Fire Department
The proposed building project shall be designed, constructed, and maintained in full compliance with all applicable state and locally adopted building, fire and life safety codes as well as all applicable local fire prevention ordinances.
Key items of consideration;
• Required Automatic Sprinkler and fire suppression systems
• Fire Alarm, Detection, notification provisions
• Means of egress, exit access, exit capacity and emergency evacuation requirements
Subject to compliance with all applicable fire and life safety requirements the Fire Marshal’s Office has no objection to the proposed project at this time.
Health Department
No comments provided.
Police Department
No comments provided.
C. Recommendation
Staff recommends approval subject to:
1. Establishing hours of operation.
2. Compliance with the pick-up and drop-off plan outlined in the project description attached to this report.
3. Design Review Board approval is required for any exterior changes. Architectural supervision, plan review, and all applicable building permits are also required. A final occupancy inspection and approval must be obtained prior to occupancy.
4. Site Plan permit approval for the outdoor play area.
5. Per City Code 13.30.030, any building project in excess of $100,000 shall have the sanitary sewer lateral replaced or inspected and pressure tested per BPW requirements.
6. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
7. The project shall be designed, constructed and maintained in full compliance with all applicable national, state and local fire code requirements.
8. Under WMC 24.16.040I., a Conditional Use will lapse and have no further effect eighteen (18) months after it is approved by the Common Council, unless a building permit has been issued (if required); the use or structure has been lawfully established; or unless a different lapse of approval period or point of expiration has been expressly established by the Common Council.
9. Obtaining other required licenses, permits, and approvals.