152 - 2/15/2000RESOLUTION #203-2002
RESOLUTION TO TERMINATE CONDITIONAL USE GRANT
CAR WASH FOR THE
LOOMIS-MARTINS LLC PARCEL
WHEREAS, On Februaly 15,2000 by Resolution #P.C. 031-2000 , the Plan
Commission approved a Building, Site and Operational Plan and Conditional Use Grant
for a car wash 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, No construction nor other activity was commenced on this parcel as
required by Section 6.12 of the City of Muskego Zoning Ordinance, and the Building,
Site and Operational Plan approval expired on February 15,2002; and
WHEREAS, The Plan Commission adopted Reso. #P.C. 126-2002, 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. 152, 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. 126-2002 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 #203-2002 which
was adopted by the Common Council of the City of Muskego.
10102 jm c+kzk" K
Please see attached.
WQUKESHFI COUNTY, WI REGISTER’S OFFICE
RECORDED ON
03-07-2000 9:21 RH
MICHREL J. HQSSLINGER REGISTER OF DEEDS
REC. FEE: 10.00
REC. FEE-ST: 2.00 REC. FEE-CO: 4.00
TRRN. FEE-STRTE: TRRN. FEE:
PQGES: 8
Mi- *
Naned€t”drar
City of Muskego
Attn: Sandi Asti
Post Office Box 749
Muskego, WI 53150
MSUC 2257.978.003
Pucd Id&ilidb Nmba 0
...... Burke Properties THIS COVENANT, M~J~ this 1.8 .dny or.,.kb.;arY. .. Id.Q.Ql
Y...- -.- ..-................ ............-..... ,..Inc: ........................ ..., ............................................................. .... - ............... .....
,_____ ..-..... ..... .......................... ................................ ...- ............. _. .................................. Gmnton,
II the use ond bcnefir ol all pcrrons lrorn tlrnc to the rcsldcnt or ownlnp propcrry wlthln tl~e
sundollesolthe ......... t;Y. ....................... ....................................... ...........
(OW. VIII..~. row". hntYl
laukesha ...................................................................................................... County, \Vlrconrln, and for the use
Id bcncRr ol the rald. .k.!X ............ 01.. .MUSk!2&?. .... ............
(City. VIIIan.. Torn. bumy)
parcel of land located in the SW 1/4 of the NE 1/4 of Section 25, T5N, R20E, City
f Muskego, Waukesha County, Wisconsin, being a re-division of parcel 2 of CSM No. 5376
nd lot 1 of CSM No. 5306
vlnil nddrcsr 01 chc Prcmlsca Is ............. NE 1/4 of Section 25 ._ .
alrd tl~~t no other person hns ony estate or Interest thercln exccpt by reason ol cawrncnts lor publlc utIIItIcs. bulldlng rutrlctlons, dcdlccltlons to
Grunton wrrnnt 3rd covenant thnt at the tlmc ol the cnwnlinc and dcllvcry 01 tllcsc prcxnts they nrc (111 01 thc owners 01 the Prcmiw,
thc public or public bodies. Instruments not 01 record. and nrortgagcs to banks. uvlnxs nnd lwn n~loclatlons or Inauranec compnlu.
Grantors rcprcscnc thnt pctltioll on tllclr held vas mode to the., ._%! ........................ .ol.... .kbk%X? .......................
pursuant to the Zo1rlng Cede of the rcld .".. lor grant 01 permlsslon to erect and/or conduct on the Prcmlws e use
there pcnnlssiblc not by rlpht bur only by Condltlonal Use Cronr: thnr In connccclon tlwevlth Grantors made'scrrmln reprucntarlons nnd
aprccrncnu as io sltc bvll?inp nnd opcro:lcn plcna wMch were Inzorpcrokd !n:o rhe Condlrlanol Us: Cronr! tht bawd rhcrcon Gndlrlonnl
1Js Grant No. ..... .....,..... 152 ... .wns luucd undc.r datc ol. ..&bK!3ZY..15 ............ IgQQgnnd thnt a tmecopy tlwcof 1~01) filc wkh 1k.c
......................................................... Plan Comnlsslon ..ol thc ... C.L!X ..................... or.;....Mus~~~~.. ......................
city (OW. VI1I.B.. Torn. CauW)
(uty. VIII~~.. row". hntY
NOW, THEREFORE, Grantors hereby acccpt the sclld Gndltlonnl Usc Grant and covenant strlctly to comply with all or rhe terms
unJ canditlons tllcrcof. mils covcnnnt sllnll NII wlth IIP lund nnd sloll bc blndlnc on the Grunion urd on all perms clulrnln:I nny cmtc or
lnlcrert In 111 Prcmlxs by. tlrmuch or under thc Crnntors. as lonu as the sold Prcrnlnes arc used as ducrlbcd In the Condltlonul Ux Cram lor
tllC oprorlon ol: ...... a..-~ar...~ash ............................................................ ..... - ._ ...................... aJ"' In Witncaa Whnrcol, Grantors have hereunto xt thclr hands nnd walsfl ................... .day ol../%k.LK.M.y _ . b4.2.49.! n
SICKED AND SEALED IN PRESENCE OP
............................................ " ..._..... "..I.. " .......- ". ._....
._.._.......__..__ (SEAL:
(SEAL:
.................................................. J , l, A CO"F0"1,10*.
TI., "AMs 111"*
. - - - - - . ................. ,. - - - - . .................................................. ._..(SEAL)
, TITLE
............ ........ -. ................................... ................... ... .... .(SEAl.)
, TlTL.
CORPORATION
ACKNOWLEDGMENT
STATE OF WISCONSIN. ss, ...... ..........__. . ..................... Gunty. } Pcrwnnlly came before
me this ...... dny 01 ............................................. IL", .......... ....................................................... Pmldcnt
ond. ................ .... ..................................... Secretary
ol thc nbr: nonred corporntlon. to mc laown to Lu such pcrwlu nnd
olficcn who accutgd thc lorcgolnc lnatrurncnt and ocknowlcdgcd
purpow therein contslncd.
thot bey cxccuted the romc os such orlcers. by Its nuthorlty. lor the
,*,' ,N.T"YYr*I WAS DIAVrID .I
Sally A. Bukowski (SEAL)
INDIVIDUAL
Nu. Z CUO I 116191 CONDITIONAL USE ORANT Grnnt NmbPr ............................. - " "
Mare tI1c .......................................................... Plan Comnission of tllc .......................... City of ............................................................................ Muskego
(Au~lw MY) ICIIY. Vlllllau. ~l~,nv<, i:nhn,rl ...... Waukeaha .............................. ~awrcy, Wlseolwln, In npmt ea ~~rom~rca mt,,.~..~~,~,,,~~,.~~G~~R~..~~ ........................ .. ......................................................... in I ownship ................ 5 North. Ronl;e ................ 20 East ..................................................... Waukesha (hnly.
Stntc ol Wisconsln. lurther clescrlbed os lollowr:
A parcel of land located in the SW l/4 of the NE 1/4 of Section 25, TSN, RZOE,
CSM No. 5376 and lot 1 of CSM No. 5306.
City of Muekego, Waukesha County, Wisconsin, being a re-division of parcel 2 of
providc that thc premises may not bc used of right lor the purpose Irereinalter described but that upon petition such tlsc
WIEREAS thc Zoning Wc bncl Zoning District hhp of tllc a1:ovc na1ncd municipality. pursuont to Stacc Statutc,
may be approvcd by tllc mrlniclpnlity os a Conditional Use Gront in porticulnr circumstances ns defined by the stmdords
in the Zoning Ordinance; and
Petition thcrelorc having been mode. and public hearing held thereon. and the .......................................................... Plan Comnission (Actha ICJy)
ol thc. ....................... City of ...... !USk%!? ............................................ lroving dctcrmincd that by rcnsnn ol the
purtictIi3r nature. charzcter and circun~%onces ol the ]xol.wsed USE. ond ol thc specific ond contemprary conditions. grant
ol such use upn thc ternrs and conditions Ircrcinoltcr prcscribed \vouid tu: consistent with thc rcquiremcnts of thc Zoning
Ordinnncc:
Now, Lllerclorc, l'r IS GRANTED, subjcct to co,mplioncc with tllc terns ond conditions Irereinnltcr stored. that
the Prcmisw may ix used lor the purpose of. ... o~e.~atl"g..a..c.a~. .!.ash. .................... ................
tChv. Vlllnpe, Town. County)
.........................................................................................
GRANTED by nction or the. .P~.an...CO.~.isS.~on..
the. .... 1.5. ............. day or ..... February ......................... fd2Q
Att& .........................
TIda byoyor __--
u"l.pr. I'nldlnt. OlOIrn.")
(Uty. VIIIWI. Twn. County) Clerk
............
....... (Seal)
Original biccl in tllc omcc or tlrc..Elan..Co.ani.ssion ......... or thc. GLY ................. of ......... Mus~s~~ ......... .........
Signed: .... ......... ~ .................. -
1. This Grant sholl hcome cllectlve upon thc cxccution ond recording by the Owners ol thc Prcmiscs ol an occcptnnce
hercof in such form ns to constitute on eNcctlve covcnont runnlng with thc land.
2. lljis Grant slrall 1% void unlcss propcr opplicntion. pursuant to thc building und zoning codes of tire nrunicipafity. lor
appropriate Building, and Zoning Use and Occuponcy Permits in conlormity to this Cront. is mode within ........ months
of the date hcreol.
3. This Grant is suiijcct to amendment ond termination in occordnncc with the provisions of the ZOninG Code Or this
municipality.
J. Construction and operation of the use gronted shnll Ix In stricc conlornrity M the approved site. building and operation
pinna filcd,.in,conncction yith the Petltion lor this Crint, and onncxcd iIcrctn.
5. Any ol the condition3 ol thls Cront which would nornrnlly bc the rfsponsibiliry of tenants of thc prelnlscs sholl be made
a part o[ tlleir !case by +e Owner, which Icase shall contain provisions for pstlng of the pertinent conditions to notlkf
The CONDITIONS ol this Grant orc:
. 0
. . - . - . . - - . . . . , , . - . , ., . . . . . . . . . . - .. . .- . . . , . . , . .,.. " .. . . . ......I, . . . . /:.... : .I ?...i,:r..." .... ...._ w; ..,.. *..
b. Performance standards relating to noise. vibration, odor, smoke or dust:
e. Wntcr supply requiremeno:
d. Provisions for sewage disposal:
c. Other:
7. Condltlonn on tho Dulldlngs See attached Resolution P.C. #O -2000
n. Fncndc mnterini of each building side:
b. Entrance, Design and Location:
c. Signs attached to the Building, Incation, Sire. Duign (including lighting):
d. Extcrior Lighting or the Building:
e. Other:
8. Conditions on tllc Sitc See attached Resolution P.C. W31-2000
h. Street Acccss (number. locntion. design):
b. Or-Strcct Parking (locntion nnd clcsign including scrccning thcrcof):
c. Loading ond Scrvict Atens (locotion ond dcslw):
d. Otttsldc StornEc olMoterinls, Prodrlctt or Rcfttsc (locntionhnd screening tlrercol):
e. Finished topogruphy ond building grntlu, rctalnin[: walls, storm wntcr run-or:
1. Landscaping of the Site and Buildings (including plant typcs. size. spacing):
g. Pcdcscrian wnllcwnyr, terrnccs, rnnlls (location nnd design):
h. Signs (free stonding) locntion, sirc. dcsiyn (including ilgirtinu):
i. Exterior Licirting or tile Site. locntlon dcrign nnd rawer:
j. Othcr.
AMENDED
APPROVAL OF BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE GRANT
FOR A CAR WASH FOR BURKE PROPERTIES, INC. PARCEL LOCATED AT THE
SOUTHEAST CORNER OF STH 45 AND STH 36 IN THE NE X OF SECTION 25
(TAX KEY NO. 2257.978.003)
RESOLUTION #P.C. 031-2000
WHEREAS, Burke Properties has previously received Plan Commission approval for a
4,400 square foot principal structure housing a convenience store, and a 4,500 square foot
gasoline pump canopy, by adoption of Amended Resolution #PC 100-99, for the property
located at the southeast comer of STH 45 and STH 36 in the NE % of Section 25 (Tax Key No
2257.978.003) and
WHEREAS, Plans were submitted by Burke Properties Inc. for a Building, Site and
Operation plan and Conditional Use Grant for a 2,511 square foot addition to the approved
building which would be used as a two-bay car wash on January 14,2000, and
WHEREAS, Said property is currently zoned 8-4, 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, The Plan Commission’s approval of Resolution #PC 100-99 required the
building plans to be amended to illustrate that the eastem-most thirty (30) feet of the north
elevation, and eastem-most thirty (30) feet of the south elevation are 100% masonry face
brick, and this proposal does address this requirement of the Plan Commission.
WHEREAS, The minimum setback for the 8-4 District is 40 feet, and the Durham Hill
Design Guide requires buildings to be located at the minimum setback line, and the Building
addition is proposed to have a setback of approximately 40 feet from the Highway 36 right-of-
way, and
WHEREAS, Signage for the property was approved by Amended Resolution #PC 100-
99, and no additional signage is proposed, and
WHEREAS, Access to the property was approved by Amended Resolution #PC 100-
99, and no additional access points are proposed, and
WHEREAS, parking is proposed to be located to the side and rear of the Building, and
the Durham Hill Design Guide calls for all parking to be located to the side and rear of the
Building, and the number of parking stalls approved by Amended Resolution #PC 100-99 is
sufficient to accommodate this use,
WHEREAS. landscaping plans have not been submitted in conjunction with the
proposed building addition, and the plans as approved by Amended Resolution #PC 100-99
require amendment to reflect foundation and perimeter landscaping changes, and
WHEREAS, a dumpster enclosure was approved by Amended Resolution #PC 100-99
is sufficient to accommodate this use, and
WHEREAS, lighting for the drive aisles and parking areas was approved by Amended
Resolution #PC 100-99, and no change is proposed, and
WHEREAS, With regards to specific operations, the residents of Durham Hill have
stated on the record of the Mayors Task Force on Economic Development, that they oppose
24 hour commercial uses, and the convenience store and gasoline service station as approved
by Amended Resolution #PC 100-99 limits hours of operation to 500 am - 11:OO prn, and
WHEREAS, With regards to specific operations. the Plan Commission finds that car
wash operations may have negative impacts on the surrounding neighborhood if operations
result in excessive or inappropriate levels of noise, 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
WHEREAS, Burke Properties, Inc. has submitled 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 relating to the original plan approvals, and
such submittals may require modifications.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan and conditional use grant for the proposal submitted January 14,2000
45 and STH 36 in the NE %of Section 25 (Tax Key No 2257.978.003).
by Burke Properties, Inc. for a car wash at the properly located at the southeast wmer of STH
BE IT FURTHER RESOLVED, That operations shall be prohibited beiween the hours of
11 p.m. and 5:OO a.m.
BE IT FURTHER RESOLVED, That the car wash shall operate entirely within the
confines of the structure with both entry and exit door closed during wash and dry cycles of the
operation. All noise levels resulting from operation shall conform to the standards of Chapter
22 of the Municipal Code pertaining to nuisances.
BE IT FURTHER RESOLVED, That the use of temporary or portable signage shall
conform to the requirements of Amended Resolution #PC 100-99 without exception.
BE IT FURTHER RESOLVED, That outdoor storage, sales, and I or display of
merchandise, shall conform to the requirements of Amended Resolution #PC 100-99 without
exception.
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.
BE IT FURTHER RESOLVED, That prior to issuance of occupancy permits, Burke
Page 2
70e0069
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 access to the site shall conform to the
requirements of Amended Resolution #PC 100-99 without exception.
BE IT FURTHER RESOLVED, That if occupancy 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 this Conditional Use grant shall be reviewed by the
Plan Commission one (I) year following issuance of an occupancy permit for the structure and
any operations which are deemed to be inconsistent with this approving resolution may be
subject to further conditions by the Plan Commission.
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 future operations which are deemed to be inconsistent with this
approving resolution may be subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file 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.
BE IT FURTHER RESOLVED, That prior to issuance of building permits, the Plan
Department shall contact the Ci of Madison Plan Department and elected official
regarding noise, and any negative response shall be forwarded to the Plan Commission
for consideration of additional conditions of approval.
BE IT FURTHER RESOLVED, That prior to issuance of building permits, the Plan
Department shall review and approve of all landscape plan revisions.
Plan Commission
City of Muskego
Approved 02-1 5-00
Denied
Deferred
Introduced Februaw 15. 2000
Page 3
I ., .
ATTEST A e&
Sandi Asti. Recording Secretary
IIRR 7 d . 00070
Page 4