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Resolution relative to determination of Special Use Permit for State Fair Liquor, an existing grocery and liquor store located at 1568 S. 81 St., proposing to relocate within a commercial portion of the mixed use building at 2248 S. 108 St.
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WHEREAS, Pabitra Halder, d/b/a State Fair Liquor & Food, Inc., duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.43(2), of the Revised Municipal Code of the City of West Allis, to establish a retail convenience/grocery store with alcohol beverage sales (Class A Liquor License) within an approximate 2,600-sf portion of the existing mixed use building located at 2248 S. 108 St. and,
WHEREAS, after due notice, a public hearing was held by the Common Council on February 19, 2020 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. Pabitra Halder, d/b/a State Fair Liquor & Food, Inc., will have offices on premise at 2248 S. 108 St., West Allis, WI 53227. The property is owned by EE Acquisitions, LLC with address of 483 S. Washington St., Elmhurst, IL 60126.
2. The subject property is located at 2248 S. 108 St., West Allis, Milwaukee County, Wisconsin; more particularly described as follows, to-wit:
All the land of the owner being located in the Southwest ¼ of Section 5, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, more particularly described as follows:
Lots 18, 19 and South 20.00 feet of Lot 20 in the Block 3 of the Lincoln Manor subdivision.
Said land being located at 2248 S. 108 St. (Tax Key No. 480-0275-001)
3. The property is an existing mixed use (the lower tenant space being commercial and the upper tenant space consisting of 4 residential apartments). The aforesaid premise is zoned C-4 Regional Commercial District, which designates grocery stores as a permitted use, however, the applicant is proposing to establish alcohol beverage sales (via transfer of a Class A License), thereby requiring a special use permit pursuant to Sec. 12.43(2) of the Revised Municipal Code.
Any alcohol beverage sale use (requiring Class A License for original and/or transfer applications) requires a special use permit. In accordance with zoning ordinance O-2017-0016 and licensing requirements of the State of Wisconsin and Section 9.02 of the City of West Allis Revised Municipal Code to sell fermented malt beverages (beer and/or cider) and/or intoxicating liquor (including wine) for consumption off- premise requires a special use.
4. The applicant is proposing to establish alcohol beverage sales (Class A License) and has applied for the transfer request via License and Health Committee of the Common Council for a Class A Liquor License to sell packaged alcoholic beverages from within the existing 2,600 square foot grocery/convenience store.
5. The applicant will submit a floor plan indicating merchandise displays areas (grocery items, soft drinks, coffee, food and household items, coolers and service counters) within the store. Alcohol sales are included within the store and tobacco sales shall be less than 20% of the floor area per the zoning ordinance limits.
6. As part of the special use permit the property owner will submit a site, landscaping and architectural plan to reference site, landscaping and architectural improvements as recommended by Plan Commission.
7. The subject property is located on S. 108 St. also known as State Highway 100 (STH 100) and just north of W. Lincoln Ave. The property is zoned for commercial purposes and is utilized as a mixed use building (commercial lower and residential upper). Properties to the north, south and west are zoned for commercial uses. Properties to the east are zoned for low density residential uses.
8. 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 Pabitra Halder, d/b/a State Fair Liquor & Food, Inc., to establish a retail grocery/convenience liquor/alcohol beverage sale use with a Class A Liquor License, 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.
NOW, THEREFORE 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 January 22, 2020. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission.
a. The applicant shall submit a floor plan indicating merchandise displays areas (grocery items, soft drinks, coffee, food and household items, coolers and service counters) within the store. Alcohol sales are included within the store and tobacco sales shall be less than 20% of the floor area per the zoning ordinance limits.
b. The applicant shall submit a site, landscaping and architectural plan to reference site, landscaping and architectural improvements as recommended by 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. Any applicable licenses shall be applied for and approved. Capacity shall be in accordance with limits of occupancy load calculations as approved by Building Inspection and Fire Departments.
3. Off-Street Parking. In accordance with Sec. 12.19 of the Revised Municipal Code. A total of 15 parking spaces are required for the property (9 spaces for the subject commercial use and 6 spaces for the residential uses on the second floor). A total of 15 parking spaces will be provided on site.
4. Hours of Operation. The applicant has indicated that the hours of operation will be daily, 7 days per week from 9am to 9pm. The sale of alcoholic beverages shall be in accordance with licensing requirements and per the State law (State of Wisconsin).
5. Signage. Signage shall be permitted in compliance with the West Allis signage ordinance or approved via a variance to the code through the Plan Commission. Window signage shall not exceed 20% of each windows area and be situated on the interior side of the glass.
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. Deliveries and Refuse Pickup. All refuse to be provided by a commercial hauler. All refuse, recyclables and other waste material shall be screened from view per the approved site plan. 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. Because there is a residential neighborhood adjacent to the site, 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.
8. 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.
9. Pest Control. Exterior pest control shall be contracted in accordance with the West Allis Health Department.
10. 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.
11. Outdoor 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 beyond the property boundaries. Lighting is subject to a photometric lighting plan being approved by the Plan Commission.
12. Noxious Odors, Etc. The restaurant 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.
13. 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.
14. Noise. All exterior doors and windows of the establishment will be closed to prevent nuisance noise from entering the surrounding neighborhood. The outdoor dining area will be closed in accordance with the hours of operation approved by the Common Council.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
_____________________________________________________
Pabitra Halder, d/b/a State Fair Liquor & Food, Inc.,
_______________________________________________________________________
EE Acquisitions, LLC property owner or agent
Mailed to applicant on the
______day of ____________, 2020
________________________________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Neighborhood Services
Div. of Planning
ZON-R-1209-2-19-20
Recommendation
Plan Commission recommends approval.