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Consideration of a Conditional Use Permit for a day care in the Suburban Residential (SR) zone at 12012 W. North Avenue, Rolanda Fowler, Kidz Cave and Learning Den, applicant
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is proposing to operate a children’s day care within an existing church building located at 12012 W. North Avenue in the Suburban Residential (SR) Zone. Surrounding land uses include single family residential to the north and east, multi-unit residential to the west, and commercial uses to the south. The site is currently owned and occupied by Mt. Zion church, who will continue to operate at the site.
The day care will accommodate up to 70 children and will operate between the hours of 6:00 am to 8:00 pm, Monday through Friday. The facility will utilize existing classroom space on the second floor of the church, as well as the existing outdoor playground area. A new fence will be installed around the playground area for safety in compliance with state requirements. Attached to this report is the plan of operation and floor plan.
The required public hearing was held at the January 27, 2026 Common Council meeting. The applicant, as well as representation from the church, spoke in favor of the proposal. No one spoke in opposition. The Council meeting video is attached.
B. Staff Comments
Planning/Zoning Division
Both short and long-term bike parking in compliance with City Code WMC 24.11.080 is required.
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 (WCP, p. 20);
• Support 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 & expense as requested by the Assessor’s Office
City Clerk’s Office
No comments.
Public Works Department
See Engineering comments.
Engineering Division
Site plans for the outdoor playground are subject to approval by the Engineering Division.
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. If the existing sanitary sewer lateral is to be re-used, a televised report of the existing lateral from the building to the City main must be provided to Engineering. If Engineering identifies any defects in the existing lateral, the defects must be corrected and another televised report provided to Engineering to verify results. Note that if the existing lateral is made out of clay, the lateral must be lined. This requirement must be met prior to final building occupancy.
Fire Department
All applicable fire codes must be adhered to.
Health Department
No comments.
Police Department
No comments.
C. Recommendation
Staff recommends approval subject to:
1. Establishing hours of operation.
2. Site Plan approval for the outdoor playground area.
3. Short- and long-term bike parking being provided in compliance with WMC 24.11.080.
4. Addressing comments in Engineering Division section of this report.
5. Design Review Board approval for any exterior changes.
6. Architectural supervision, plan review, and all applicable building permits required for any work being performed. A final occupancy inspection and approval are required prior to occupancy.
7. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
8. Compliance with all required Fire Codes.
9. 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.
10. Obtaining other required licenses, permits, and approvals.