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Resolution relative to determination of Special Use Permit for Snap Fitness, a proposed fitness center to be located within the River Bend Shopping Center at 7512 W. Oklahoma Ave. (Tax Key No. 515-0124-000).
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WHEREAS, Craig Whitehead of Omro PW, LLC and Campbellsport, LLC (applied on behalf of Snap Fitness), duly filed with the City Administrative Officer- Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code, to establish a fitness center within a portion of the River Bend Shopping Center; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on February 5, 2008, at 7:00 p.m., in the Common Council Chamber 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, Craig Whitehead of Omro PW, LLC and Campbellsport, LLC owns the property and will lease an approximate 3,000 square foot portion to Jim Piwowarczyk d/b/a Snap Fitness.
2. The applicant, Omro PW, LLC and Campbellsport, LLC owns the property and will lease a portion to Snap Fitness located at 7512 W. Oklahoma Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of Section 10, Township 6 North, Range 21 East and Southeast ¼ of Section 34, Township 7 North, Range 21 East City of West Allis, Milwaukee County, Wisconsin, described as follows:
All of the Block 3 of Honey Creek Parkway Estates and adjoining vacated public service street on the south side of said Block 3.
Tax Key No. 515-0124-000
Said land being located at 7500-52 W. Oklahoma Ave.
3. The applicant is proposing to establish a fitness center in a portion of the River Bend Shopping Center.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits fitness centers as a special use, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of a block along the north side of W. Oklahoma Ave. between S. 74 St. and S. 76 St., which is zoned for commercial purposes. Properties to the north are developed for residential. Properties to the east are developed as residential and commercial. Properties to the south are developed as commercial and are located within the City of Milwaukee. Properties to the west are developed as Milwaukee County Park and Open Space.
6. The proposed development 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 Craig Whitehead of Omro PW, LLC and Campbellsport, LLC (on behalf of Snap Fitness), to establish a fitness center within the River Bend Shopping Center, 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:
1a. Site, Landscaping, Screening, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape and screening plans approved on January 23, 2008, 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.
1b. Master Signage Plan. The Plan Commission has recommended approval of the Master Signage Plan for the River Bend Shopping Center. Under the approved plan, the River Bend pole sign at the corner of S. 76 St. and W. Oklahoma Ave. will be removed and replaced with a new monument sign. Also, under the approved plan, the Checker Auto Parts pole sign will be removed upon expiration of the Checker's existing lease term (12/31/12). The remainder of the site will be brought into compliance with the Master Sign Plan regulations of the City of West Allis Sign Ordinance.
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. Fitness Area. The floor area for the fitness center will consist of approximately 3,000 square feet of area within the River Bend Shopping Center.
4. Hours of Operation. The hours of operation will be 24 hours a day, seven days a week. The center will be accessed via a card key locking system.
5. Off-Street Parking. Eighteen (18) parking stalls are required for the proposed fitness center and a total of one hundred ninety-eight (198) parking spaces are required for the River Bend Shopping Center. A total of one hundred eighty-two (182) parking spaces are provided on site.
6. Litter. Employees shall inspect the area and immediate vicinity and pick up litter on a daily basis.
7. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area. Any existing signage on site shall be removed.
8. 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.
9. 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.
10. 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.
11. Miscellaneous.
A. Applicant is 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 applicant's 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 _________________ 2008
_________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-662-2-5-08\bjb