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Resolution relative to determination of Special Use Application to establish a church, Paradise Family Life Center, within the former Paradise Theater located at 6229 W. Greenfield Ave. (Tax Key Number 454-0001-000).
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WHEREAS, Thomas D. Redlich, d/b/a Ziklag Global Investments, Inc., 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 of the City of West Allis to establish a church within the former Paradise Theater, 6229 W. Greenfield Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on January 4, 2005, 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. The applicant, Thomas D. Redlich, d/b/a Ziklag Global Investments, Inc., resides at 1343 S. 71 St., West Allis, WI 53214.
2. The applicant owns the existing theater building at 6229 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northeast ¼ of Section 3, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin (the “Premise”), describes as follows:
Lot 1 in Block 1 of the Assessors Plat No. 271.
Said land being located at 6229 W. Greenfield Ave.
TAX KEY NO. 454-0001-000.
3. The aforesaid area is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits churches as a special use, pursuant to Sec. 12.42(2) of the Revised Municipal Code of the City of West Allis.
4. The Property is in the Six Points area of the City, one of the City's older commercial areas. See attached Area Parking Inventory Exhibit “A”.
5. The Six Points area is generally zoned C-3 Community Commercial District. Churches are special uses in a C-3 Community Commercial District.
6. The proposed church would occupy the space on the Premises which was previously the Paradise Theater.
7. Seating capacity within the church will be expanded to utilize the balcony. Total seating capacity within the church will be for 1,220. The lobby area to be used for the church will have a maximum seating capacity of 30.
8. The gross floor area of the building Premises is approximately 9,075 square feet.
9. All the off-street parking spaces required for a church may be supplied by so-called “daytime uses”, such as banks, business offices, retail stores and manufacturing uses. See Secs. 12.19(9)(b)(iii) and (iv) of the Revised Municipal Code.
10. The use, value and enjoyment of other property in the surrounding area 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 of Thomas D. Redlich, d/b/a Ziklag Global Investments, Inc. to establish a church within the former Paradise Theater located at 6229 W. Greenfield Ave., 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, Architectural and Signage. The grant of this Special Use Permit is subject to and conditioned upon a site, screening, landscaping plan and architectural plan approved on December 8, 2004, 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 West Allis 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. The church occupancy is limited to the stage, theater, balcony and lobby area of the former Paradise Theater.
3. Off-street Parking Spaces. Parking spaces for at least 70 vehicles will be provided on private parking lots, pursuant to Secs. 12.19(8) and (9)(a) and (b)(iii) and (iv) of the Revised Municipal Code. Currently a total of 175 spaces of off-street municipal parking are located within 800 feet of the property. An additional 36 proposed spaces are to be financed by the applicant. Valet parking shall be provided for all church events.
a. The purpose of off-street parking regulations is, “to lessen traffic congestion, promote traffic safety and improve the aesthetics of the community, promote a clean, healthful environment and otherwise preserve and promote the public health, safety and general welfare.” See Sec. 12.19(1) of the Revised Municipal Code.
b. The Zoning Ordinance of the City prohibits the change of use of an existing building unless provision is made for off-street parking, as provided in the Revised Municipal Code (RMC). See Sec. 12.19(2)(b) of the RMC.
c. Required parking spaces serving two (2) or more premises may be located on the same lot or lots within eight hundred (800) feet of each premises, provided the total number of parking spaces furnished is not less than the sum of the separate requirements for each space. Sec. 12.19(9)(a) of the Revised Municipal Code.
d. No off-street parking exists on the lots on which the Premise is located. The Revised Municipal Code requires that churches have one off-street parking space for each one hundred (100) square feet of gross floor area or a total of ninety-one (91) off-street parking spaces for the Premises. See Sec. 12.19(7) (a)(13) of the Revised Municipal Code. A total of 148 spaces are required for the overall property as follows: church/theater, 91 spaces; restaurant, 22 spaces; retail, 9 spaces; second floor offices, 23 spaces and basement, 4 spaces. Church members and visitors shall utilize the off-street parking required herein.
4. Street Parking. The applicant or future property owner shall pay for initial fee and annual renewal fees for one-half of two special parking zones.
5. Occupancy. The Building Inspector shall not issue an occupancy permit for the Premises, nor shall the applicants commence the special use, until the required off-street parking for the church use has been secured and documented, as herein provided, and such other necessary building and zoning approvals have been obtained.
6. Legal Documentation. A properly drawn legal instrument, duly approved as to form and manner of execution by the City Attorney, shall be recorded in the register of Deeds Office in Milwaukee County and a copy filed with the Building Inspector to reserve and maintain joint off-street parking spaces for the benefit of the principal uses served in the case of joint use of spaces or when any required parking spaces are otherwise not located on the same premises as the principal use served. Any such instrument will grant to the Building Inspector the right to enforce the restrictions at law or in equity against anyone who has or acquires an interest in the lands involved. See Sec. 12.19(10) of the Revised Municipal Code.
6. Payment in Lieu of Taxes Agreement. The property owner and the City of West Allis have agreed that a Payment in Lieu of Taxes will be paid to the City of West Allis equal to the City's portion of the tax bill in any year for any portion of said property classified as tax exempt. (excludes personal property tax).
The applicant, Thomas D. Redlich, d/b/a Ziklag Global Investments, Inc., has committed to pay the entire construction cost (not to exceed $111,000) for the construction of a new parking lot on the vacant lots between S. 62 St. and S. 63 St. immediately adjacent to the existing parking lot directly across the street from the proposed Paradise Family Life Center, 6229 W. Greenfield Ave.
7. Hours of Operation. The hours of operation shall be from 10:00 a.m. until 10:00 p.m., seven days per week.
8. Bingo. No bingo or other gaming activities will be allowed to occur on the premises.
9. Window Signage. Building window signage shall not exceed twenty percent (20%) of each window's area.
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. 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.
12. Seating Capacity. Total seating capacity shall be limited to 1220 people.
13. Refuse Collection to be provided by commercial hauler. All refuse, recyclables and other waste material shall be screened from view.
14. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
16. Equipment Removal (Antennas/screening). Telecommunication equipment shall be removed from the property if the equipment becomes unusable, outdated, or if the lease expires.
17. 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.
18. Outdoor Lighting. All outdoor lighting fixtures shall be recessed/shielded in such a manner that light rays emitted by the fixture shall not splay from the property boundaries.
Applicant is advised that the foregoing conditions are reasonably necessary to protect the public interest and 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.
The grant of this special use shall become null and void within one year of the date thereof, unless construction is under way or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
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.
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 , 2005
______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-484-amd\bjb\1-4-05