Title
Resolution relative to determination of Special Use Application submitted by Ramco-Gershenson, Inc. on behalf of Capital Fitness, Inc. to establish a health club facility at the West Allis Towne Centre within the former Builders Square building located at 6740 W. Greenfield Ave.
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WHEREAS, Ramco-Gershenson, Inc., on behalf of Capital Fitness, Inc., duly filed with the City Administrative Officer-City Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.16 of the Revised Municipal Code, to establish a 24-hour health club/fitness center within the West Allis Towne Centre at 6740 W. Greenfield Ave; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on July 1, 2003, at 7:00 p.m., and 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, Ramco-Gershenson, Inc., with offices at 27600 Northwestern Highway, Suite 200, Southfield, MI 48034 owns the property and will lease it to Capital Fitness, Inc., the tenant, whose corporate offices are located at 47 W210 Route 30, Big Rock, IL 60511.
2. The applicant, on behalf of Capital Fitness, Inc., the tenant, has made an application for special use to establish a 24-hour health/fitness club within the 80,000 square foot existing former Builders Square space plus the former outdoor garden area located within the West Allis Towne Centre Shopping Center at 6740 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of Section 34, Township 7 North, Range 21 East and Southeast ¼ of Section 34, Township 7 North, Range 21 East City of West Allis, Milwaukee County, Wisconsin, described as follows:
Parcel 2 of Certified Survey Map No. 4756, subject to the 48.00 feet wide easement for ingress and egress on the east side of said Parcel 2.
Said land being located at 6740-6800 W. Greenfield Ave.
(TAX KEY NO.: 439-0001-008)
Parcel 3 of Certified Survey Map No. 4756, being a division of the Northeast l/4 and the Southeast l/4 of the Southwest l/4 of Section 34 and the Northwest l/4 and the Southwest l/4 of the Southeast l/4 of Section 34, Township 7 North, Range 21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin.
Said land being located at 6700-38 W. Greenfield Ave.
(TAX KEY NO.: 439-0001-014)
Parcel 1 of Certified Survey Map No. 4756, being a division of the Southwest l/4 and Southeast l/4 of Section 34, Township 7 North, Range 21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin, subject to and including easements.
Said land being located at 6822-52 and 6900 W. Greenfield Ave.
(TAX KEY NO. 439-0001-007)
3. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits physical health and culture facilities and gymnasiums as a special use, pursuant to Sec. 12.42(2) of the Revised Municipal Code.
4. Capital Fitness, Inc. is seeking special use approval for an 80,000 square foot, 24-hour, full-service health club within a portion of the former Builders Square space and former garden center area (15,604 square feet). Capital Fitness, Inc. will lease the entire 80,000 square foot building, but initially will use only 45,000 square feet with the intent of expanding to use the entire area including the former garden center/outdoor area.
The new fitness center will provide upscale, state-of-the-art equipment complete with a swimming pool, rock climbing, tanning facilities, cardiovascular and weight training equipment. Anticipated membership is between 4,000 to 10,000 patrons. Amenities will include on-site daycare for patrons, juice bar, nutritional supplements, personal training, and dietary advice.
5. The subject property is part of a block between S. 65 St. and S. 70 St. on the north side of W. Greenfield Ave. Properties located to the north, south, east and west are developed as commercial.
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 Ramco-Gershenson, Inc., on behalf of Capital Fitness, Inc., to establish a 24-hour health club/fitness center within the West Allis Towne Centre 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 and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, screening and architectural plans approved on June 25, 2003, 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. Signage plans for the center will need to be submitted to and approved by the Plan Commission. The Plan Commission, as part of the June 25, 2003, approval granted a one-year extension to July, 2005, for the installation of new landscaped islands within the parking lot. Existing islands within the parking lot will be landscaped within a year of the approval of this special use (July, 2004).
2. Hours of Operation. The club will be open 24 hours daily, seven (7) days per week.
3. Off-Street Parking. The number of off-street parking spaces required by zoning for the West Allis Towne Centre is 1,437 spaces, which includes the 533 spaces required for the proposed Capital Fitness Health Club. A total of 1,187 spaces will be provided which includes 13 new spaces to be added for Capital Fitness employees. The Towne Center will install bike racks in front of Capital Fitness.
As a condition of the special use, the Common Council has the authority to change the minimum parking requirements in accordance with Section 12.16(9)(a) of the Revised Municipal Code. The decision to modify the parking requirements is based upon the following:
1.) The parking deficit is created if the shopping center is fully leased.
2.) There is no substantial conflict in the principal operating hours of the shopping center uses. The health club anticipates approximately 1000 members per day over a 24-hour period. Many of the expected visits will be during the hours of 5:00 a.m. and 8:00 a.m. and 5:00 p.m. and 8:00 p.m., both time slots being before and after other retail activities within the center are open for business.
4. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
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.
Applicant is 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.
The grant of this special use shall become null and void within one (1) year of the date thereof, unless construction is under way or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
The special use, as granted herein, is subject to applicant's compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
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
9th day of July, 2003.
/s/ Monica Schultz
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R384\jmg\7-1-03