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Resolution relative to determination of Special Use Permit to include a beer-serving establishment to the existing cigar business, Smoker's Pub, located within the Oak Ridge Square Shopping Center at 10708 W. Oklahoma Ave.
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WHEREAS, Lisa L. Ali, d/b/a Smoker's Pub, LLC, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.43(2) and Sec. 12.16 of the Revised Municipal Code, to include a beer-serving establishment to the existing cigar business located at 10708 W. Oklahoma Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on June 1, 2010, 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, Lisa L. Ali, d/b/a Smoker's Pub, LLC, has offices at 10708 W. Oklahoma Ave., West Allis, WI 53214. The property owner, Mr. Allan Ornstein, d/b/a Oak Park Apartment Partnership, LLC, has offices at Inland Companies, Inc., 1243 N. 10 Street, Suite 300, Milwaukee, WI 53205.
2. The applicant leases the property at 10708 W. Oklahoma Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ΒΌ of Section 8, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Beginning at the southwest corner of Lot 2 of the Certified Survey Map No. 944; thence Easterly, 396.53 feet; thence Southerly, 220.00 feet, to the north right-of-way line of West Oklahoma Avenue; thence Westerly, 394.36 feet, along said north line; thence Northwesterly, 7.07 feet, to the east right-of-way line of South 108th Street; thence Northerly, 215.00 feet, along said east line to the Point of Beginning.
Tax Key No. 519-9994-000.
Said land being located at 10708 W. Oklahoma Ave.
3. The applicant is proposing to include a refrigerated beer cooler within the existing cigar lounge on site.
4. The aforesaid premise is zoned C-4 Regional Commercial District under the Zoning Ordinance of the City of West Allis, which permits taverns and lounges as a special use, pursuant to Sec. 12.43(2) and Sec. 12.16 of the Revised Municipal Code. While the zoning ordinance allows taverns, the Smoker's Pub will not be a full service tavern. The primary use of the tenant space is as a cigar lounge and retail store. The Smoker's Pub has not applied for a liquor license, only a beer license. The use of the tenant space is a cigar lounge that serves beer.
5. The subject property is part of a block along the east side of S. 108 St. between W. Dakota St. and W. Oklahoma Ave. which is zoned for commercial purposes. Properties to the north, south and west are developed for commercial. Properties to the east are developed as multi-family residential.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as it is currently utilized as a multi-tenant commercial property.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Lisa L. Ali, d/b/a Smoker's Pub, LLC, to include a beer serving establishment within the existing cigar lounge at Oak Ridge Square multi-tenant commercial facility 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 and Sec. 12.43(2) 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 and landscaping plan approved on July 25, 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. Operations.
A. The primary use of this establishment is a cigar lounge.
B. The Smokers Pub has applied for a class B fermented malt beverage license to serve beer.
C. The establishment will not be a full service tavern and has not applied for a full liquor license.
D. All exterior doors shall be kept closed to prevent sound/noise emissions into the adjacent neighborhood.
E. Excessive noise and vibrations shall not emanate from the building.
F. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
G. Special events to be authorized by Common Council.
4. Hours of Operation. The applicant voluntarily agrees that the business hours of operation shall be within 8:00 a.m. to 10:00 p.m. seven days a week. The applicant's challenge of this provision shall expressly void the special use as the special use would not be granted absent of these provisions.
5. Off-Street Parking. The lounge requires a total of 8 parking spaces. A total of 107 parking spaces are required for the overall property (including lounge) and 107 spaces will be provided on site.
6. License. The grant of this special use is subject to and conditioned upon issuance of proper licenses. The applicant has applied for a "Class B" Fermented Malt Beverage License.
7. Signage. The grant of this special use is subject to all signage plans being in compliance with the City of West Allis signage ordinance.
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. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
12. Noxious Odors, Etc. The loung 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.
13. Pollution. The restaurant 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. 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 within a four-sided enclosure or as approved by the Department of Development to match the building. 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.
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, 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.
_____________________________________________
Lisa L. Ali, d/b/a Smoker's Pub, LLC
Mailed to applicant on the
______day of ____________, 2010
_______________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-765-6-1-10