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Resolution relative to determination of Special Use Permit for proposed Gathering Grounds coffee shop, to be located at the former Seventh Day Adventist Church at 1610-12 S. 81 St. (Tax Key No. 452-0313-000)
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WHEREAS, Christopher Zirbel, d/b/a Gathering Grounds, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to operate a coffee café/deli at 1610 S. 81 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on September 18, 2007, 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, Christopher Zirbel, d/b/a Gathering Grounds, has offices at 1610 S. 81 St., West Allis, WI 53214.
2. The applicant has a valid offer to lease a portion of the building at 1610 S. 81 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
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:
Lots 1, 2, 3 and 4 in Block 5 of the State Avenue Land Co's Subdivision.
Tax Key No. 452-0313-000
Said land being located at 1610-12 S. 81 St.
3. The applicant is proposing to convert approximately 850 sq. ft. of the former school building and construct an approximately 260 sq. ft. for the establishment of Gathering Grounds, a coffee café/deli. The separate church chapel building will remain as is. Outdoor dining/seating will be provided in the patio area. Poetry readings, painting, karaoke, light music and scripture reading activities will be provided, but shall be limited to indoors or on the outdoor concrete patio area. (approximately 200 sq. ft. in area and will accommodate outdoor seating for approximately 16 people).
4. The aforesaid premise is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits restaurants/outdoor dining areas as a special use, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the southeast corner of W. Lapham St. and S. 81 St., which is zoned for commercial purposes. Properties to the north, south and west are developed as commercial. Properties to the east are developed as residential.
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 Christopher Zirbel, d/b/a Gathering Grounds to operate a coffee café/deli, 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 and Screening Plans. The grant of this special use permit is subject to and conditioned upon the site and floor plans approved on August 22, 2007, 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.
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. Restaurant Area. The coffee shop/deli will occupy approximately 850 sq. ft. of the existing building and a 260 sq. ft. addition will be constructed for a total of approximately 1,100 sq. ft. of restaurant area.
4. Restaurant Operations. The coffee shop/deli will be utilized for dine-in/carryout. Outdoor dining is permitted on site and restricted to the 200 sq. ft. patio area.
5. Hours of Operation. The hours of operation will be from 6:00 a.m. to 10:00 p.m., daily.
6. Off-Street Parking. The coffee shop/deli requires eight (8) off-street parking spaces and the remaining church/office area of the same building requires 13 parking spaces. The separate church chapel building requires 17 off-street parking spaces for a total of 38 required parking spaces for the entire property. No off-street parking is provided on site, and historically, never has been. The chapel building was constructed prior to 1929 and the former Sunday school building where the coffee shop will be located was constructed in 1978. The coffee shop constituents will commonly be using the site at other times than when the chapel building is being used. Street parking is available along the north side of W. Lapham St.
7. Signage. The grant of this special use is subject to all signage plans being in compliance with the City Sign Code.
8. Litter. Employees shall inspect the area 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. 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.
10. 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.
11. Noxious Odors, Etc. The café/deli shall not emit foul, offensive, noisome, noxisome, oxious or disagreeable odors, gases or effluvia into the air. Mechanical systems shall be maintained to efficiently remove noxious odors.
12. Pollution. The café/deli 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.
13. 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.
14. 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.
Mailed to applicant on the
______day of ____________, 2007
_______________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-646-9-18-07