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Resolution relative to determination of Special Use Application to establish catering and banquet facilities, operated by Rupena's within Summit Place located at 6737 W. Washington St. (Tax Key Number 439-0001-0131).
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WHEREAS, John Rupena, Sr., d/b/a Rupena's Cafe, duly filed with the City Administrative Officer- Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code, to establish a catering business to provide service for banquet functions within Summit Place and,
WHEREAS, after due notice, a public hearing was held by the Common Council on August 2, 2005, 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, John Rupena, Sr., d/b/a Rupena's Cafe, has an office at 7641 W. Beloit Rd., West Allis, WI 53219.
2. The applicant has a valid offer to lease space at 6737 W. Washington St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Southeast ¼ and Southwest ¼ of Section 34, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Parcel 1 of the Certified Survey Map No. 7256.
Said land being located at 6737 W. Washington St.
Tax Key No. 439-0001-031
3. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits places of assembly including clubs, lodges, meeting halls, auditoriums, arenas, banquet facilities and theaters as a special use, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code.
4. The subject property is part of a block adjacent to S. 70 St. and perpendicular to W. Washington St., which is zoned for commercial and manufacturing purposes. Properties to the north, west, and east are developed as manufacturing; properties to the south are developed for commercial and manufacturing.
5. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area.
6. The applicant proposes to establish a catering business and provide service for banquet functions within the Summit Place campus located at 6737 W. Washington St. Catering, banquets and the sale/serving of alcoholic beverages may take place anywhere on the premise, but the primary areas for such activities are as follows: First floor main hallway and atrium, fireplace lounge/seating area, glass patio and conference room, outdoor light well area known as gunite plaza, and two 2nd floor conference room areas.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of John Rupena, Sr., d/b/a Rupena's Cafe, to establish a catering business for banquet services within Summit Place property, 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 July 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.
2. Hours of Operation. The hours of operation for the catering business and banquets are as mandated by state law with regard to sale of alcohol beverages.
3. Off-Street Parking. A total of 2,041 off-street parking stalls are provided. The existing Rupena's deli and kitchen require 16 parking stalls.
4. 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.
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-519\bjb\8-2-05