Title
Resolution relative to determination of a Special Use Permit for Big Ebe's, a proposed new restaurant, to be located at 1325-1329 S. 70 St.
Body
WHEREAS, Michael Ebert, d/b/a Big Ebe's Pizza, duly filed with the City Clerk an application for a special use permit, pursuant to Sec. 12.40(2), Sec. 12.16 and 12.49 of the Revised Municipal Code, to establish a restaurant along with outdoor dining at 1329 S. 70 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on October 7, 2014, 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, Michael Ebert, d/b/a Big Ebe's Pizza, reside W247 N8884 E. Jay Lane, Sussex, WI 53089.
2. The applicant plans to lease the property at 1329 S. 70 St., which is part of a mixed use property at 1325-1329 S. 70 St., West Allis, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ΒΌ of Section 34, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Lots 33 and 34 in Block 1 of the Otjen Pullen And Shenner's Subdivision.
Tax Key No. 440-0242-000
Said land being located at 1325-1329 S. 70 St. and including a portion of City Right-of-Way.
3. The applicant is proposing to establish a restaurant at 1329 S. 70 St. within 3,400 sq. ft. of the first floor commercial space (the space formerly occupied by Gourmet Cheesecake Shoppe) along with outdoor dining extension of premise in the front. The property is an existing mixed use site with 2 residential units on the 2nd floor and Boz's Sports Bar in the remainder of the 1st floor adjacent to the proposed Big Ebe's Pizza space. Big Ebe's Pizza, plans to offer dine in, carryout, delivery services and outdoor dining within the existing space.
4. The proposed outdoor patio area for Big Ebe's Pizza (extension of premise) will be located on the east side of the existing building and will encroach into City right of way. The extension of premise will offer seating for patrons of Big Ebe's Pizza. There is already an approved extension of premise for the outdoor dining area which approved an extension of premise for both this tenant space and the Boz's Sports Bar, per R-2011-0158. This Special Use Permit will supersede the outdoor dining extension of premise which applies to the area immediately in front of the 1329 S. 70 St. R-2011-0158 will still act as the approved Special Use Resolution for the outdoor dining extension of premise space in front of Boz's Sports Bar.
5. The aforesaid premise is zoned C-1 Central Business District under the Zoning Ordinance of the City of West Allis, which permits restaurants, cocktail lounges/taverns, bakeries, mixed uses and outdoor dining areas for food establishments as a special use, pursuant to Sec. 12.40(2), 12.49 and Sec. 12.16 of the Revised Municipal Code.
6. The subject property is located on the west side of S. 70 St. Properties to the north, south, and east are zoned and developed for commercial uses. Properties to the west are zoned and developed for commercial uses and a/one residential use (there is one single family residential use west of the subject property). The subject property is a mixed use property and there are 2 residential dwelling units above the tavern and bakery. A municipal parking lot is located within 200-ft. of the subject property.
7. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as the property is located within a downtown urban neighborhood, served by public transit and off-street municipal parking. Historically this property has functioned as a mixed use (commercial and residential) establishment.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Michael Ebert, d/b/a Big Ebe's Pizza, to establish a restaurant along with outdoor dining at 1329 S. 70 St., 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 and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the Site, Landscaping and Architectural Plans approved September 24, 2014 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, Fire Codes and Licenses. 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. Any applicable licenses being applied for and approved. Seating capacity shall be in accordance with limits of occupancy load calculations as approved by Building Inspection and Fire Department.
3. Hours of Operation. The hours of operation for the use shall be as follows:
A. Restaurant - Seven days a week from 6:00 a.m. till state mandated closing time for taverns (this is not a tavern, however it is adjacent to one and thus would like to service the customers next door).
B. Outdoor Area/Extension of Premise - The hours of operation for the outdoor area shall be in accordance with Sec. 9.02 of the Revised Municipal Code, closed between 12:00 midnight and 10:00 a.m.
4. Operations:
A. Excessive odors from cooking on premises shall be controlled within limits of current technology.
B. Excessive noise and vibrations shall not emanate from the building.
C. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
D. Exterior pest control shall be contracted on a monthly basis.
E. Special events to be authorized by Common Council.
F. S. 70 St. outdoor dining (front of building) to maintain a minimum of 4 feet unobstructed sidewalk at all times (from exit doors to the public sidewalk).
G. A food establishment under RMC Section 7.04.
5. Off-Street Parking. The property/development requires a total of 24 parking spaces for all of the uses on the site. Two (2) parking stalls will be provided on site. A municipal parking lot is located within 200-ft of the subject property (and provides 20 parking spaces). Off-street parking is available along S. 70 St. and the area is served by public transit.
6. Litter and Monitoring. 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 four-sided structure. The premise shall be adequately monitored by staff.
7. Grant of Privilege. The grant of the special use for the outdoor dining area on the front of the building is under an existing Grant of Privilege that has been issued by the Engineering Department to grant the installation of temporary fixtures including the patio surface, decorative fencing and columns, new furniture, lighting, signage, landscaping and pergola's that does encroach into the City right-of-way.
8. 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 proximity to residential uses, 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.
9. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area and be installed upon the interior of the window.
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. Noxious Odors, Etc. The use 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.
12. Pollution. The 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.
13. Noise. All exterior doors and windows of the tavern will be closed to prevent excess noise from penetrating the adjacent neighborhood. The outdoor area/patio will be closed in accordance with the hours of operation approved by the Common Council.
14. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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, then the special use may be terminated.
20. Acknowledgement. That the applicants sign and 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.
_____________________________________________
Shawn Lange, Property Owner
_____________________________________________
Michael Ebert, Lessee
Mailed to applicant on the
______day of ____________, 2014
_______________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-972-10-7-14
Recommendation
Staff recommends approval of the Resolution