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Resolution relative to determination of Special Use Permit for proposed New Number One Restaurant, to be located within the River Bend Shopping Center at 7536 W. Oklahoma Ave.
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WHEREAS, Craig Whitehead of Omro PW, LLC and Campbellsport, LLC (applied on behalf of New Number One 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, to establish a restaurant center within a portion of the River Bend Shopping Center; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on November 3, 2009, 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, Craig Whitehead of Omro PW, LLC and Campbellsport, LLC owns the property and will lease an approximate 1,800 square foot portion for a Chinese restaurant.
2. The applicant, Omro PW, LLC and Campbellsport, LLC owns the property and will lease a portion to New Number One Restaurant located at 7536 W. Oklahoma 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 10, Township 6 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:
All of the Block 3 of Honey Creek Parkway Estates and adjoining vacated public service street on the south side of said Block 3.
Tax Key No. 515-0124-000
Said land being located at 7500-52 W. Oklahoma Ave.
3. The applicant is proposing to establish a restaurant with dine in, carryout and delivery services in a portion of the River Bend Shopping Center.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits fitness centers as a special use, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of a block along the north side of W. Oklahoma Ave. between S. 74 St. and S. 76 St., which is zoned for commercial purposes. Properties to the north are developed for residential. Properties to the east are developed as residential and commercial. Properties to the south are developed as commercial and are located within the City of Milwaukee. Properties to the west are developed as Milwaukee County Park and Open Space.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Craig Whitehead of Omro PW, LLC and Campbellsport, LLC (on behalf of New Number One Restaurant), to establish a restaurant within the River Bend Shopping Center, 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:
1a. 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 plans approved on October 28, 2009, 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.
1b. Master Signage Plan. Under the approved plan, the Checker Auto Parts pole sign will be removed upon expiration of the Checker's existing lease term (12/31/12). The remainder of the site will be brought into compliance with the Master Sign Plan regulations of the City of West Allis Sign Ordinance.
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. Restaurant Area. The floor area for the restaurant will consist of approximately 1,800 square feet of area within the River Bend Shopping Center.
4. Hours of Operation. The hours of operation will be 9:00 a.m. - 11:00 p.m. seven days a week.
5. Restaurant Operations.
A. Excessive odors from cooking on premises shall be controlled within limits of current technology.
B. Refrigerator/cooler addition shall locate condensers within the existing building
C. Excessive noise and vibrations shall not emanate from the building.
D. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
6. 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 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.
7. Noxious Odors. The restaurant 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.
8. Off-Street Parking. Twelve (12) parking stalls are required for the proposed restaurant and a total of two hundred two (202) parking spaces are required for the River Bend Shopping Center. A total of one hundred eighty-two (182) parking spaces are provided on site.
9. Litter. Employees shall inspect the area and immediate vicinity and pick up litter on a daily basis.
10. 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.
11. 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.
12. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light spays from the property boundaries.
13. 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.
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. 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.
B. The 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.
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. Acknowledgement. That the applicant 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.
_____________________________________________
Craig Whitehead - Omro PW LLC
Mailed to applicant on the
_______day of _________________ 2009
_________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-738-11-3-09