150 - 9/21/1999October 24.2002
a
OFFICE OF THE CLERJGTREASURER
Jean K. Marenda, CMC
Clerk-Treasurer
jmarenda@ci.muskego.wi.us
(262) 679-5625
Mr. Ryan Mallery
Burke Properties
622 North Water Street, Suite 200
Milwaukee, WI 53202
Dear Mr Mallery:
At the meeting on October 22,2002 the Common Council of the City of Muskego
adopted Resolution #202-2002 entitled "Resolution to Terminate Conditional
Use Grant for a,Gasoline Service Station for the Loomis-Martins LLC Parcel."
At the same meeting, the Common Council adopted Resolution #203-2002
entitled "Resolution to Terminate Conditional Use Grant for a Car Wash for the
Loomis-Martins LLC Parcel."
Copies of both resolutions are enclosed for your records.
Sincerely,
CITY OF MUSKEG0
I 31 Blenski, CMC
Deputy Clerk
meP enclosures
6: Plan Directop 7
W182 S8200 Racine Avenue Box 749 Muskego, Wisconsin 53150-0749 Fax (262) 679-4106
RESOLUTION #202-2002
RESOLUTION TO TERMINATE CONDITIONAL USE GRANT
GASOLINE SERVICE STATION FOR THE
LOOMIS-MARTINS LLC PARCEL
WHEREAS, On September 21, 1999 by Resolution #P.C. 100 -99, the Plan
Commission approved a Building, Site and Operational Plan and Conditional Use Grant
for a gasoline service station and convenience store for Burke Properties, Inc., now
known as the Loomis-Martins LLC property located at the SE corner of STH 45 and
STH 36 (Tax Key No. 2257.978.005); and
WHEREAS, Said approval was subject to the time restrictions for Plan Commission
approvals found in Section 6.12 of the City of Muskego Zoning Ordinance; and
WHEREAS, On September 18,2001, the Plan Commission approved a six-month time
extension as no construction activity nor other activity as required by Section 6.12 of the
City of Muskego Zoning Ordinance had taken place in the previous 24 months; and
WHEREAS, No construction nor other activity was commenced on this parcel, and the
Building, Site and Operational Plan approval expired on March 18, 2002; and
WHEREAS, The Plan Commission adopted Reso. #P.C. 125-2002, recommending
complete termination of the conditional use grant in accordance with Section 6.03 (2) E.
of the Zoning Ordinance without subsequent reclassification as a legal non-conforming
use; and
WHEREAS, A public hearing was held on October 22,2002.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby completely
terminate Conditional Use Grant No. 150, without subsequent reclassification as a legal
non-conforming use, on the Loomis-Martins LLC property located at the SE corner of
STH 45 and STH 36 (Tax Key No. 2257.978.005), for the reasons stated in Resolution
#P.C. 125-2002 including but not limited to failure to comply with the conditions of the
Conditional Use Grant.
BE IT FURTHER RESOLVED That termination of said Conditional Use Grant shall be
effective immediately upon adoption of this Resolution.
DATED THIS 22nd DAY OF October ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #202-2002 which
was adopted by the Common Council of the City of Muskego.
10102 jm
Please see attached
WWKESHR COUNTY, WI
REGISTER'S OFFICE
RECORDED ON
R;EL3013~u!::0001
Rmadi Aru
he R-
Attn: Sandi Asti
City of Muskego
Muskego, WI 53150
Post Office Box 749
MSKC 2257.978.003
IdadikaIim Nmnk (?nu)
....................................................... "." ............................. ..- h"". \Vi"& .d
nd kmfir of rk raid 01 ................................................................................. - "W .city Muskego ............................. (Clty. ViIIm. Torn. Ccuntyl I
I its own rlgllt md ns OCCllC lor the purpox 01 cnlorcir~g clxsc presents on bclmllol chc nbow .," IIV "0, MSKC 2257.978.003
cscribcd clas~ of prsoonr, Grnntccs. -"
Being a redivision of parcel 2 of Certified Survey Map f: . 5376 and Lot 1 of
Certified Survey Map No. 5306, being 8 part of the SE 1. of the NE 1/4 of
Section 25, T5N, RZOE, in the City of Muskego, Waukesh;: 'ounty, Wisconsin
vloll nddrcss 01 thc Prcmlrca is.
NE 1/4 Of Section 25 ... ............. ......... ._ .................... ......... .- ..................... .... .- ............ ._. .... ._ ...
Grunrors warrant mxl covenant thnc at the tinlc 01 thc cnseolinc and dclivery 01 thcx prcsmcs thcy orc 011 of chc owners 01 the PrunirJ
and chat no other person has ony cstntc or intcrcst therein crccpc by rcoson of caxmcncs lor publlc utllitics, buildlng rutrlrxlons, dcdlmtlons to
:he public or public bodics. instruments nor of record. and nrortgaagcs to banks. sovln~s ond Ian asociations or Insurance cnrnpaniu.
Grantors rcprcrcn>t rhut pctitiolr on their b&aIl voa mndc to the. .ol.. city ....... Muskego ........................... ....
pursuant to the Zoning c& of the seld
rhcrc pcmlissible not by right but only by Conditional Ux Gront: that in connccclon therewlch Grantors mods sermln reproentotions ond
lor pronr 01 pcrmlrdon to erect and/or conduct an the Prcmircs a use city (OW. VI11.SL. TW". Gun,;; ...... ............
acrecmcnlr os 10 site. building and operocion plans whlch werc incorpa ntcd I L the Condl 01 Ux Grant: that bod thereon Condltlonol
Llre Gram No. .......... 150 .was iwcd under datc 01. ........... Septen6er ...................... 2f 1') YY .. nnd chat n tmccopy thcrcolls on filc with 1k.c Plan Commission ,ol the,, City .......................... ....................... 01 ..... (aLy. "IIIUGC. '~ow",'&"",~j"~ ''._ ''_ ..' '.' Muskego
NOW, THEREFORE, Grantors hcrcby nccepr thc sold Conditlonal Ulc Grant and covcnont scrlccly to comply with all 01 chc terms
anJ conditlnns tl1crvol. TIIIs COVCII~~C sllnll rm wlth chc lund nnd sImII bc bindlnc on tlu Cruntorr rtnd on oll persons cluimln:: ntry cauk or
lnlcrcst in thc Prcmirs 11 clrroqh or under chc C;ra?tnrs. os I "6 as the snJd Prcmlres nrc urul ns ducrllrd In rhc Gndltlonul USC Gront lor
ti~c opcrotlon 01: gaso)i.ine service statlon an3 convenlence store ........... ... ......... .......... ....... -. ......... .- . _. . .............
In Witncsa Whereof, Grontorr hnve hereunto xc thclr hands and sed) this/) .day of. ............ , 1% 99 .... ,
SIGNED AND SEALED IN PRESENCE OF
............. (SEAL)
.. .... ._ ..... ................................. -. .... I ............................. .............. .(SEAL)
...
.- ..... , .... ........
.............. - - -. .. - .... ......
CORPORATIOI
..... .............. ... - " . - .. .............. ................. ._..(SEAL)
. TITLE
ACKNOWLEDGMENT INDIVIDUAL
STAT5 OF WISCONSIN. ... )ss. ................... County. Pcrsonnlly come bcforc
me chir .............. day 01 ..... ._ ........ 19 ............. ........ .
and.
Pruldcnr
..... ............. ...... Secretary
01 tllc ohvc nnmcd cnrporotloll, to me known to Lx such pcrsons nnd
olficerr who uccutgd tlx lorcgoinp. Instrument ond ocknowvlcd&
chat they cxccuted chc same 0s such ofi$ers. by Its ourhorlty. lor the
purpom chcrcln conraincd.
..
me thls .... 1-6 ......... dny ol...I2.S..hb.e~7 ..-............ 199% ........ - ...... ........... ............... ....... .-.,
the forccolnc lnstrumcn
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1
' .,,',*. , ., , , , . I...
5. Conditions on thc Operations See attached Resolution P.C. #100-99
a: Hours of operotion:
b. Performance standards relating to noise, vibration, odor, smoke or dust:
C. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
7 Conditions on thc Buildings See attached Resolution P.C. #100-99
a. Fncndc mnrcrlal al each bullcling sIJc:
b, Entrances, Design and Locstion:
e. Slpns nttnclrcd to tlic Building. Loeotlon. Size. Drtlgn (Including Ilghtlng):
d. Extcrior Lighting of the Building:
e. Other:
6. Conditions on thc Sitc See attached Resolution P.C. #100-99
a. Street Access (number. location. design)
b. Off-Srrcct Parking (location and tlcsign including scrccning tllcrcol):
c. Loading unci Scrvice Areas (locotion ond design):
(1. Otltsidc Storage of blaterinls. Products or Rcfusc (locntion'and scrccning thereor):
e. Finished topogruphy nnd building gratlcs, retaining wnIIs, storm wnkr run-olf:
1. Landscaping of the Sitc and Buildings (including plant typcs, size. spacing).
p,. Pcdcstrian v/nlkways. terraccs, molls (location nnd dcsign):
h. Signs ((rcc standing) locotion. size. dcsign (inclrlding lighting):
i. Exterior Lichting of tllc Site. locntlon dcsign nnd Imwcr:
j. Otllcr.
'7 Sandra S. Asti
- - ""
."
.
i. ')
AMENDED
APPROVAL OF BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE
GRANT FOR A GASOLINE SERVICE STATION AND CONVENIENCE STORE FOR
BURKE PROPERTIES, INC. PARCEL LOCATED AT THE SOUTHEAST CORNER OF STH
45 AND STH 36 IN THE NE % OF SECTION 25 (TAX KEY NO. 2257.978.003)
RESOLUTION #P.C. 100-99
WHEREAS, Plans were submitted by Burke Properties Inc. for a building, site and
operation plan and conditional use grant for a gasoline service station and convenience store at
the property located at the southeast corner of STH 45 and STH 36 in the NE % of Section 25
(Tax Key No 2257.978.003) on July 27, 1999 and was amended August 20, 1999, September 1,
1999, and September 10,1999,and
WHEREAS, Said property is currently zoned B-4, Highway Business District, and
automobile service related uses are a permitted use by conditional use, and
WHEREAS, Said property is located within the Durham Hill South neighborhood and is
subject to the design standards outlined in the City of Muskego's Durham Hill Design Guide, and
WHEREAS, Burke properties requests approval for a 4,400 square foot principal
structure housing a convenience store, and a 4,500 square foot gasoline pump canopy, and said
structures meet the floor area and height requirements of the zoning ordinance, and
WHEREAS, Said structures are proposed to be constructed with rural or agrarian
architectural influences, and are proposed to be constructed with exterior materials which include
face brick and cedar, and said styles are in conformance with the Durham Hill Design Manual, but
additional masonry is required to meet the Design Manual specifications, and
WHEREAS, AU Building mechanicals, including WAC units are proposed to be
screened from view, and
WHEREAS, The minimum setback.for the B-4 District is 40 feet, and the Durham W
Design Guide requires buildings to be located at the minimum setback line, and the Building is
proposed to have a setback of approximately 40 feet from the Highway 36 right-of-way, and
WHEREAS, a 41 square foot ground sign measuring 4 feet 10 inches above grade and
composed of brick to match the Building is proposed, and said sign conforms to the requirements
of the zoning ordinance and Durham Hill Design Guide, and
WHEREAS, one driveway access point to State Trunk Highway 45 / North Cape Road is
illustrated on the proposed site plan, and said driveway access is subject to review and approval
by the Wisconsin Department of Transportation, and
WHEREAS, Fifteen parking stalls are proposed, and said number of puking stalls
conforms to zoning requirements, and
WHEREAS, parking is proposed to be located to the side and rear ofthe Building, and
the Durham W Design Guide calls for all parkmg to be located to the side and rear of the
Building, and
WHEREAS, landscaping is proposed which is compatible to the Durham W
neighborhood, and which meets the minimum standards of the Durham W Design Guide, and
WHEREAS, a dumpster enclosure is proposed to house all refuse containers in an area
screened from view, and said enclosure is proposed to be constructed with masonry pillars at
each corner and with cedar sides and cedar doors, and will be compatible with the design of
the Building, and
WHEREAS, lighting for the ground sign is proposed in the form of two ground mounted
floodlight style fixtures, and no detail regarding the fixture is provided, and such fixtures may be
permitted provided that documentation is provided which verifies the absence of light trespass on
surrounding properties, and
WHEREAS, lighting for the drive aisles and parking areas is proposed in the form of
seven fixtures. each being 15 feet high, with a 6 inch extension and 16 inch housing, with lamps
being 175 watt high pressure sodium, and such fixtures are permitted provided the housing is
shielded and placed with a zero-degree tilt, and
WHEREAS, lighting for the canopy is proposed in the form of sixteen fixtures, each being
mounted 14 feet high with a 16 inch housing, with lamps being 100 watt high pressure sodium,
with said fixtures being mounted to provided indirect lighting into the exposed rafter area of the
gas pump canopy, and such fixtures may be permitted provided that documentation is provided
which verifies the absence of light trespass on surrounding properties, and
WHEREAS, With regards to specific operations, the residects of Durham W have stated
on the record of the Mayors Task Force on Economic Development, that they oppose 24 hour
commercial uses, and
WHEREAS, With regards to'specific operations, the Durham W Design Guide places
great emphasis on exterior appearances, and petitioner has indicated in correspondence to the
Planning Director dated September 1, 1999 that they do not object to the prohibition of outdoor
sales and storage of goods such as water softener salt, and mulch, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and the Plan Commission desires to limit the negative
appearance that accompanies the over-use of temporary banners, pennants, and signs, and
Page 2
WHEREAS, With regards to specific operations, original submittals included plans for
a car wash operation, but these plans have been removed from the September 10, 1999
submittal, and
WHEREAS, Burke Properties, Inc. has submitted for review and approval all required
grading, storm water management, and utility plans for review and approval by the Public Works
Committee and Public Utilities Committee, and such submittals may require modifications to
conform to the September 10,1999 submittal.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan and conditional use grant for the proposal submitted July 27, 1999 as
amended August 20, 1999 and as amended September 1, 1999 and September 10, 1999 by
Burke Properties, Inc. for a gasoline senice station and convenience store at the property located
at the southeast corner of STH 45 and STH 36 in the NE % of Section 25 (Tax Key No
2257.978.003).
BE IT FURTHER RESOLVED, That the building plans are required to be
amended to illustrate that the eastern-most thirty (30) feet of the north elevation, and
eastem-most thirty (30) feet of the south elevation are 100% masonry face brick,
BE IT FURTHER RESOLVED, That operations shall be prohibited between the hours of
11 p.m. and 5:OO a.m.
BE IT FURTHER RESOLVED, That the use of car wash is not a part of this approval,
and any future business site and operation plan submitted for such use will require
separate application and consideration of conditional use grant,
BE IT FURTHER RESOLVED, That the use of temporary or portable signage shall
require the issuance of a permit by the Zoning Administrator, and such permits shall be limited to
six occasions per calendar year, with each occasion limited to ten calendar days, and with a
minimum of fifteen calendar days separating each occasion.
BE IT FURTHER RESOLVED, That outdoor storage, sales, and I or display of
merchandise, including but not limited to water softener salt, mulch and landscaping materials,
shall be expressly prohibited.
BE IT FURTHER RESOLVED, That prior to issuance of building permits for signage, all
signage must be reviewed and approved by separate action of the Plan Commission.
BE IT FURTHER RESOLVED, That prior to issuance of building permits for
construction of the Building, photometric lighting illustrations for all proposed exterior lighting
must be submitted to the Planning Department for review and approval.
Page 3
i
r-~
9 . BE IT FURTHER RESOLVED, That prior to issuance of occupancy permits, Burke
properties shall provide the Plan Commission with Business Operations Plan details regarding the
operator and I or franchise who will operate the facility.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the proposed
driveway access location to State Trunk Highway 45 I North Cape Road to the Wisconsin
Department of Transportation, and supports the prohibition of access to State Trunk Highway 36.
BE IT FURTHER RESOLVED, That all tramc aisles of less than twenty-four (24)
foot widths be marked with signage and pavement marking to require one-way vehicle
passage.
BE IT FURTHER RESOLVED, That ifoccupancy is requested prior to the completion of
landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value of
said improvement cost must be submitted to the Planning Department.
BE IT FURTHER RESOLVED, That at the call of the Plan Commission Chairman, the
operations subject to this conditional use grant may be subject to further review by the Plan
Commission, and any hture operations which are deemed to be inconsistent with this approving
resolution may be subject to hrther conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on fde in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That approval is subject to the time restrictions for
Plan Commission Approvals found in Section 6.12 of the City of Muskego Zoning
Ordinance.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in
this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action,
or both.
Plan Commission
City of Muskego
Approved 09-21-99
Denied
Deferred 09-07-99
9-1-99
Page 4