Title
Resolution relative to determination of Special Use Application to establish a health club (Curves Health Club), within a portion of the multi-tenant building located at 10820-22 W. National Ave. (Tax Key No. 520-0010-001)
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WHEREAS, Jean Loomis, d/b/a Curves, duly filed with the City Administrative Officer-City Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.16 of the Revised Municipal Code, to establish a health club/fitness center within a portion of the existing multi-tenant building at 10820-22 W. National Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 17, 2005, at 7:00 p.m., and 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, Jean Loomis, d/b/a Curves, currently leases space at 11066 W. National Ave. and will lease the lower level of tenant space from the property owner, Ms. Vivian Paul Anton-Limberatos, who has offices on site at 10820-22 W. National Ave.
2. The applicant has made an application for special use to establish a health/fitness club within the lower level (approximately 2,200 square feet of space) at 10820-22 W. National Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southeast ¼ of Section 7, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Southwesterly 30 feet of Lot 15 and Lot 16 including adjacent vacated street right-of-way, in Block 1 of the National Avenue Homesites Subdivision.
(Tax Key No. 520-0010-001)
Said land being located at 10820-22 W. National Ave.
3. The aforesaid premises is zoned C-4 Regional Commercial District under the Zoning Ordinance of the City of West Allis, which permits physical health and culture facilities and gymnasiums as a special use, pursuant to Sec. 12.43(2) of the Revised Municipal Code.
4. The Curves fitness center will provide a circuit training facility for clients to attend 30-minute workout sessions. There is typically no major influx of traffic at any one time during business operations. In addition, the facility is typically closed during lunch hour between noon and 2:00 p.m. which happens to be the more busy time for Paul's Jewelers.
5. The subject property is part of a block between S. 108 St. and S. 110 St. on the north side of W. National Ave. Properties located to the south, east and west are developed as commercial and properties to the north are developed as residential.
6. 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 of Jean Loomis, d/b/a Curves, to establish a health club/fitness center within the existing multi-tenant commercial building, 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 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:
1. Site, Landscaping, Screening, Architectural and Signage Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, screening and architectural plans approved on April 27, 2005, 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. Signage plans for the center will need to be submitted to and approved by the Plan Commission.
2. Hours of Operation. The club will be open daily, seven (7) days per week between 5:00 a.m. to 10:00 p.m.
3. Off-Street Parking. The number of off-street parking stalls required for the overall site is 21 spaces, which includes the 14 spaces required for the proposed Curves Health Club. A total of 14 spaces will be provided on site. The owner of the property has an agreement to share/use parking spaces on the abutting parking lot to the east (Stein property).
As a condition of the special use, the Common Council has the authority to change the minimum parking requirements in accordance with Section 12.16(9)(a) of the Revised Municipal Code. The decision to modify the parking requirements is based upon the following:
1.) The parking deficit is created because the health club use is required to provide a higher ratio of parking (1/150 sq. ft.) than a typical retail use (1/300 sq. ft.)
2.) There is no substantial conflict in the principal operating hours of the shopping center uses. The health club anticipates most of the expected visits will be during the morning and evening hours, both time slots being before and after other commercial uses on site are open or active.
4. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 , 2005.
________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-506\jmg\5-17-05