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Resolution relative to determination of Special Use Application to establish a restaurant and banquet facility within the former Mykonos Restaurant located at 8201 W. Greenfield Ave. (Tax Key No. 451-0644-005)
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WHEREAS, Jeff Kerwen, Bill Kostopoulos and Petros Visvardis, d/b/a Atlas Restaurant, 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 of the City of West Allis, to permit a restaurant and banquet hall at 8201 W. Greenfield Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on April 19, 2005, at 7:00 p.m., and 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, Jeff Kerwen, has an office at S 106 W20183 North Shore, Muskego, WI 53150. The property is owned by Tom Miller who has an office at 7246 W. Greenfield Ave., West Allis, Wisconsin 53214-3214
2. The applicant possesses a valid offer to lease the property at 8201 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northwest ¼ of the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, more particularly described as follows:
Lot 3 of Certified Survey Map No. 6510.
Above described land is subject to the existing access easement.
Tax Key No. 451-0644-005.
Said land being located at 8201 W. Greenfield Ave.
3. The applicant has proposed to occupy the existing vacant restaurant and banquet hall, formerly Mykonos Restaurant, (approved under Resolution No. 25009) at 8201 W. Greenfield Ave. The restaurant and banquet hall area, including freezers, storage area and food preparation area are approximately 21,044 square feet in area. Seating capacity for the restaurant will be for 221 persons. Capacity for the first floor banquet facility is for 487 patrons and capacity for the second floor banquet area is 181 patrons. Off-street parking for 141 automobiles will be provided on 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 and banquet halls as a special use, pursuant to Sec. 12.16 and Sec. 12.42(2) of the Revised Municipal Code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of an area extending along the south side of W. Greenfield Ave., which is zoned for commercial purposes. The property is bounded on the north by the Wisconsin State Fair Park. The abutting properties to the east are developed for commercial purposes, property to the west is developed as commercial, and the property to the south is developed as residential and manufacturing.
7. The applicant has proposed certain operating restrictions to assuage concerns relating to hours of operation.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Jeff Kerwen, Bill Kostopoulos and Petros Visvardis, d/b/a Atlas Restaurant, to establish a restaurant and banquet 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 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, and screening and architectural plans approved by the City of West Allis Plan Commission on March 23, 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 Plan Commission.
2. Hours of Operation. The restaurant will be open from 5:00 a.m. to 3:00 a.m. daily. Banquet halls will be open until 2:00 a.m. daily.
3. Refuse Area. The refuse area shall be large enough to accommodate all outdoor storage of refuse containers, grease and recyclables.
4. 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.
5. Paving and Drainage. The grant of this special use is subject to a paving and drainage plan being submitted to and approved by the Department of Building Inspections and Zoning.
6. Off-Street Parking. The restaurant will provide parking for 141 vehicles on site. A total of 143 stalls are required for the restaurant and banquet halls.
7. Grant of Privilege. This special use is conditioned upon a Grant of Privilege being applied for and approved by the Board of Public Works to provide for the landscaping improvements and retaining wall in the City's right of way. Any such area approved in the Grant of Privilege is subject to the terms and conditions set forth herein.
8. Signage and Lighting Plans. The grant of this special use is subject to the removal of all existing signage on site and signage and lighting plans being submitted to the Plan Commission for approval within one year.
9. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged, abutting sidewalk.
10. 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.
11. 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-498\jmg\4-19-05