Title
Resolution relative to determination of Special Use Application to establish a Culver's Restaurant with drive thru and outdoor dining at 1672 S. 108 St. within the Crestwood Commons Planned Development District site located at 1710 S. 108 St.
Body
WHEREAS, Brian Shecterle, d/b/a Shecterle Comm. Prop. 2, LLC, (the "Developer") 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 Culver's Restaurant with drive-thru and outdoor dining with drive-thru and outdoor dining at 1710 S. 108 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on June 7, 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, Brian Shecterle, d/b/a Shecterle Comm. Prop. 2, LLC Culver's Restaurant, resides at 802 Hayden Ct., Brookfield, WI 53045.
2. The applicant owns the Crestwood Commons property at 1710 S. 108 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
A tract of land being in the Northwest ¼ of Section 5, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Commencing at the Northwest corner of said Section 5; thence Southerly, 1568.24 feet, along west line of said Section 8, to the Point of Beginning; thence Easterly, 690.00 feet, along centerline of West Mitchell Street, to the centerline of South 106 Street; thence Southerly, 439.75 feet, along said centerline; thence Westerly, 683.98 feet, to the said west line of Section 5; thence Northerly, 444.24 feet, to the Point of Beginning.
Said land is subject to pedestrian ingress-egress easement recorded as Document No. 5370843.
Subject property contains 5.45 acres, more or less; PDD land contains 6.961 acres (City right of ways), more or less.
Tax Key No. 449-9981-011
Said land is located at 1710 S. 108 Street
3. The applicant is proposing to establish an approximately 7,132 square foot restaurant building, of which Culver's will utilize 5,000 square feet, including drive-thru and outdoor dining use on the Crestwood Commons as Commercial Development site.
4. The aforesaid premises is zoned C-3 community Commercial District under the Zoning Ordinance of the City of West Allis, which permits restaurants 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 east side of S. 108 St. between the Union Pacific Railroad and W. Lapham St., which is zoned for commercial purposes. Properties to the north, south, east and west are developed for commercial and manufacturing uses.
6. A traffic impact analysis was conducted by Traffic Analysis and Design, Inc. All traffic leaving the development will be subject to a right-turn-only movement onto Hwy. 100 from W. Mitchell St. Upon occupancy of Culver's Restaurant, the developer has offered and will contribute $25,000 to the City to address future traffic improvements/enhancements along the Hwy. 100 corridor.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Brian Shecterle, d/b/a Shecterle Comm. Prop. 2, LLC, to establish a restaurant with drive-thru and outdoor dining on the Crestwood Commons Planned Development District, 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, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, screening, signage and architectural plans 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 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 Operations. The restaurant will be utilized for dine-in, carry-out, drive-thru and outdoor dining as shown on the approved set of plans.
4. Hours of Operation. The hours of operation will be from 8:00 a.m. to midnight, seven days per week.
5. Off-Street Parking. A total of 207 parking spaces are required on site. Tenants for Commercial Buildings A, C and 2,132 sq. ft. of B are unconfirmed. Parking requirement calculations for these buildings have been calculated using a parking ratio of 1 parking stall required for every 300 gross sq. ft. For the Culver's Restaurant a required ratio of 1 parking stall for every 150 gross sq. ft. has been used in accordance with Sec. 12.19 of the Revised Municipal Code.
Commercial Building A (39,271 sq. ft.) is required to provide 130 parking stalls for commercial space. Commercial Building B (7,132 sq. ft.) is required to provide 33 parking stalls for the proposed 5,000 sq. ft. Culver's Restaurant and 7 parking spaces are required for the remaining 2,132 sq. ft. of unidentified commercial space. Commercial Building C (11,130 sq. ft.) is required to provide 37 parking stalls for the unidentified commercial space.
A total of 240 parking spaces are available on site.
6. 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 4-sided masonry structure to match the building.
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. 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.
10. 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 applicants on the
______day of ____________, 2005
_______________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-509\jmg\6-7-05