Title
Resolution relative to determination of a Special Use Permit to establish a hotel with banquet facility and associated outdoor dining to be located at 8201 W. Greenfield Ave.
Body
WHEREAS, S. Peter Helland Jr. d/b/a West Allis Hotel Ventures, LLC., duly filed with the City Clerk an application for a Special Use Permit; pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code, to build a hotel, banquet facility and associated outdoor dining; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on August 18, 2014, at 6:00 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, S. Peter Helland Jr. d/b/a West Allis Hotel Ventures, LLC, has offices at 631 Cedar St., Wisconsin Dells, WI 53965.
2. The applicant, West Allis Hotel Ventures, LLC has a valid offer to purchase the property at 82** W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Lot 1 of the Certified Survey Map No. 8563.
Said land being located at 8201 W. Greenfield Ave.
Tax Key Number: 452-0710-000
3. The applicant will build a 4-story 63,440 square foot, 101 room hotel and 9,200 square foot conference center on the 3.1 acre site. The hotel will also include a pool and fitness center. The site will also have an outdoor area for seating (extension of premise). There is an area to the south of the proposed hotel which could accommodate up to 40 additional rooms via a possible future addition to the proposed 101 room hotel.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits hotels (and associated banquet facility and outdoor dining) as a Special Use pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code.
5. The property is serviced by all necessary public utilities.
6. The subject property is located between W. Greenfield Ave. and W. Orchard St., along the west side of S. 82 St. Properties along W. Greenfield Ave. are zoned and utilized for commercial purposes. Properties to the south and east are utilized for residential purpose. Properties to the north are used for State Fair Park. Properties to the west are used for commercial purposes.
7. The surrounding streets have been deemed capable of handling the increased traffic volumes associated with the proposed uses.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of S. Peter Helland Jr. d/b/a West Allis Hotel Ventures, LLC., to build a hotel with banquet facility and associated outdoor dining to be located at 8201 W. Greenfield Ave., 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 and Section 12.42(2) 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 approval of the site, landscaping and architectural plans 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. The Plan Commission recommended Common Council approval of the Special Use Permit and Site Landscaping and Architectural Plans (including outdoor seating, extension of premise) on July 23, 2014.
2. Building Plans and Fire Codes. The grant of this Special Use Permit is subject to building plans being submitted to and approved by the Department of Building Inspection Department and by the Fire Department.
3. Parking Requirements. Off-street parking for160 parking stalls is proposed for the site. In accordance with Sec. 12.19 of the Revised Municipal Code, 190 parking spaces are required on site. The Common Council agrees to waive the minimum parking requirements in accordance with Sec. 12.16(9)(a) of the Revised Municipal Code. Additional off-street parking spaces are located within a municipal parking lot located at S. 83 St. and south of W. Orchard St. The property is also serviced by public transportation (Milwaukee County Transit).
4. Hours of Operation. The hours of operation for the proposed use are permitted as follows:
Hotel use - open 24hrs/7 days per week and 365 days per year.
Conference use - open 7 days per week, 7am to midnight and 365 days per year. Serving of beer and liquor as part of conference functions is available upon request of groups and shall take place between the hours of 4pm to midnight.
Outdoor patio area (adjacent to indoor pool) - open 7 days per week and 365 days per year between the hours of 9am and 10pm.
Outdoor extension of licensed premise - open 7 days per week and 365 days per year between the hours of 10am and 10pm.
5. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame and be applied to the interior of the window area in accordance with Section 13.21 of the municipal code.
6. 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.
7. 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.
8. Refuse Collection. Refuse collection will be done by a commercial hauler. (All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure to match the building). Because there are residents that live within the building and a residential neighborhood adjacent to the site, 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. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
10. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light spays from the property boundaries.
11. 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, (if any) abutting sidewalk.
12. Noxious Odors, Etc. The facility 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.
13. Outdoor Storage and Display. No outdoor storage, sales or display shall be permitted on site unless approved by the Plan commission and in accordance with Chapter 12 of the Revised Municipal Code.
14. 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.
15. 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.
16. 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.
17. 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.
18. Acknowledgement. That the applicants sign an 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.
_____________________________________________
S. Peter Helland, d/b/a West Allis Hotel Ventures, LLC.
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-963-8-18-14