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Resolution relative to determination of Special Use Application to expand vehicle sales and display operations for CU Fleet at 11330 W. Lincoln Ave., an existing business located at 2222 S. 114 St. (Tax Key Number 481-9991-011).
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WHEREAS, Fred Carlson, property owner, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and 12.45(2) of the Revised Municipal Code of the City of West Allis to expand the vehicle sales and display operations into the building/property located at 11330 W. Lincoln Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on October 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, Fred Carlson of Carlson Investment Group, has offices at P.O. Box 442, Pewaukee, WI 53072, and has applied for a special use permit application on behalf of CU Fleet.
2. The applicant has made an application for special use for the operational expansion of an existing car dealership, CU Fleet, located at 2222 S. 114 St., to the entire 14,060 square foot existing building located at 11330 W. Lincoln 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 6, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Parcel 1 of Certified Survey Map No. 6146.
Tax Key No. 481-9991-011
Said land being located at 11330 W. Lincoln Ave.
3. The applicant is the owner of the subject premises and will be leasing the property to CU Fleet. The existing building at 11330 W. Lincoln Ave. (formerly Journal/Sentinel) will be slightly remodeled (internal) to accommodate CU Fleet, an automotive sales company located at 2222 S. 114 St. CU Fleet will lease the space for vehicle sales and display, storage and office uses.
Interior work will include the addition of two (2) car wash bays, not open to the public. The back bay area of the building will be used for auto cleaning, prep, storage and display of automobiles for sale. 5,000 sq. ft. of the back bay will be used for file storage. The existing front office area in the building will be used for CU Fleet's financing division.
4. The aforesaid area is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits outdoor vehicle sales and display as a special use, pursuant to Sec. 12.45(2) of the Revised Municipal Code of the City of West Allis.
5. The Property is located on the north side of W. Lincoln Ave. between S. 114 St. and S. 111 St. Properties located to the north, south, east and west are developed as a combination of commercial, industrial and municipal (WAPD) uses.
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 Fred Carlson, of Carlson Investment Group, on behalf of CU Fleet Company, 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 Plans. The grant of this Special Use Permit is subject to and conditioned upon a site, landscaping and architectural plans being approved by the West Allis Plan Commission on September 28, 2005, 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.
3. Hours of Operation. Hours will be consistent with the hours established under Resolution No. R-2003-0158 for CU Fleet at 2222 S. 114 St., which are Monday through Thursday, 8:30 a.m. until 7:00 p.m., Friday from 8:30 a.m. until 5:30 p.m. and Saturday from 8:30 a.m. until 3:00 p.m. Operations shall be closed on Sundays.
4. Parking. Off-street parking spaces for 36 vehicles are required on site (30 for internal sales/display and office areas, 3 for internal storage areas and 3 for outdoor display). A total of 70 parking spaces will be provided, including 3 ADA stalls. Employee and customer vehicles shall not be parked in the public right of way (including vehicles being stored, displayed or prepared for sales). Employee, customer and sales/display vehicle areas shall be delineated on a site plan.
5. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
6. Window Signage. Building window signage shall not exceed 20% of each window area.
7. Marketing Display. The use of pennants, special lighting, flags, streamers or other signage, typically temporary in nature, hanging, floating or attached to a structure or vehicle display shall not be permitted.
8. Outdoor Lighting. All outdoor lighting shall be shielded, and fixtures to be of a cut-off variety as to limit light splay within property boundary.
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 applicant on the
________day of______________, 2005
________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning and Zoning
ZON-R-525-10-4-05\bjb