PCR2003072aAMENDED
RESOLUTION #P.C.072a-2003
APPROVAL OF BUILDING SITE AND OPERATION PLAN
AND CONDITIONAL USE GRANT FOR JETZFUEL GASOLINE SERVICE STATION AND CAR
WASH AND DETERMINATION OF SUBSTANTIAL CHANGE TO THE MRED PLANNED
DEVELOPMENT DISTRICT LOCATED IN THE SW ¼ OF SECTION 2
(JANESVILLE ROAD / TAX KEY NO. 2167.995.011)
WHEREAS, On May 23, 2003 plans were submitted by O’Connor Petroleum for a Building, Site
and Operation Plan and Conditional Use Grant for a gasoline service station and car wash in the
MRED Planned Development District located in the SW ¼ of Section 2, and
WHEREAS, Revised plans were submitted on July 1, 2003, and
WHEREAS, Said property is currently zoned B-4 / OPD Highway Business District with Planned
Development Overlay District, and said use is a permitted use Conditional Use Grant, and
WHEREAS, Said parcels will be serviced by public sewer and water facilities, and
WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s
Moorland Corridor South Design Guide, and
WHEREAS, The petitioner requests approval for a 5,500 square foot principal structure housing a
convenience store and restaurants, and a 3,800 square foot gasoline pump canopy, and a 2,000
square foot car wash, and said structures meet the floor area and height requirements of the
zoning ordinance, and
WHEREAS, Said structures are proposed to be constructed with prairie architectural influences,
and are proposed to be constructed with exterior materials which include face brick and
architectural block, and
WHEREAS, All Building mechanicals, including HVAC units, are proposed to be screened from
view, and
WHEREAS, Seventy-six (76) parking stalls are proposed, and said number of parking stalls
conforms to zoning requirements, and the stall size is indicated to be 10’ x 18’, and
WHEREAS, A separate site plan depicting the vehicle turning templates has been submitted, and
the proposed articulated truck delivery access is across the Aldi property to the east, and
WHEREAS, The Janesville Road access and drive aisle on the Aldi property extending west to
this site are not constructed to accommodate heavy truck traffic, and the southern drive access
from Aldi to the O’Connor site is not indicated to be constructed to accommodate truck traffic, and
WHEREAS, The following signage has been proposed for the site:
1. One (1) monument sign measuring 57 square feet, with the structure measuring 12-feet
in height, and advertising two users and the gasoline prices.
2. Three (3) logos on the gas canopy totaling 45 square feet.
3. Three (3) user logos on the main building west elevation totaling 82 square feet.
4. One (1) logo on the main building north elevation totaling 60 square feet.
5. One (1) logo on the car wash totaling 16 square feet.
And the proposed signage meets the Code requirements as outlined in Section 17:6.09 of the
Municipal Code, and
WHEREAS, With regards to specific operations, the Moorland Corridor South Design Guide
places great emphasis on exterior appearances, and that the Plan Commission has prohibited
outdoor sales and storage of goods in past approvals of a similar nature, and
WHEREAS, With regards to specific operations, the Plan Commission has historically limited the
hours of operation of such facilities to 5am – 11pm, and
WHEREAS, With regards to specific operations, the Plan Commission has historically limited car
wash operations to require operations, including blower use, to require all functions to occur with
the overhead doors closed, and
WHEREAS, With regards to specific operations, the Moorland Corridor South 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, With regards to specific operations, the Plan Commission has historically required
an annual review of the Building Site and Operation Plan of automotive related uses, and
WHEREAS, Lighting for the drive aisles and parking areas is proposed in the form of ten (10)
decorative fixtures, each being 15-feet high, with lamps being 150-watt high pressure sodium,
and said fixtures meet the requirements of the Design Guide, and
WHEREAS, Lighting for the canopy is proposed in the form of twelve (12) fixtures, with lamps
being 250-watt high pressure sodium, with said fixtures being recessed into the gas pump
canopy, and
WHEREAS, Three (3) fixtures with 250-watt high pressure sodium lamps are proposed to
illuminate flags, and fourteen (14) decorative wall mounted fixtures with 70-watt high pressure
sodium lamps are proposed around the restaurant building, and
WHEREAS, The photometric plans have been provided, and said plans have been forwarded to
the City’s consultant for review, and
WHEREAS, A landscaping plan has been submitted, and the plans have been reviewed by the
Conservation Coordinator, and revisions are necessary, and
WHEREAS, A dumpster enclosure is proposed to house all refuse containers in an area
screened from view along the east side of the restaurants, and said enclosure is proposed to be
constructed with masonry sides and cedar doors, and will be compatible with the design of the
building.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan and Conditional Use Grant submitted May 23July 1, 2003 by O’Connor Petroleum
for a gasoline service station and car wash in the MRED Planned Development District located in
the SW ¼ of Section 2.
BE IT FURTHER RESOLVED, That the Plan Commission finds the proposed architecture to
conform to requirements outlined in the Moorland Corridor South Design Guide.
BE IT FURTHER RESOLVED, That prior to issuance of building permits the photometric plans
shall be approved by the City’s consulting engineers.
BE IT FURTHER RESOLVED, That prior to the release of building permits a revised landscape
plan shall be submitted and approved by the Conservation Coordinator and the Plan
Commission.
BE IT FURTHER ESOLVED, That prior to the issuance of building permits, petitioner shall secure
the written approval of Aldi, Inc. for the construction of all cross-access easements on Aldi, Inc.
property to a design standard capable of accommodating articulated truck traffic.
BE IT FURTHER RESOLVED, That in the event of a failure to reach an agreement with Aldi to
improve the entrance and drive aisle to accommodate the said articulated truck delivery route,
this Building Site and Operation Plan shall be null and void.
BE IT FURTHER RESOLVED, That the total berm height for the monument sign shall not exceed
3-feet as measured for a distance of 25-feet surrounding the sign.
BE IT FURTHER RESOLVED, That outdoor sales shall be expressly prohibited on the property;
including, but not limited to, vending machines, LP, and palettes of various products (water
softener salt, soda, etc.).
BE IT FURTHER RESOLVED, That an annual review shall be held before the Plan Commission
no later than the second meeting in March of every calendar year.
BE IT FURTHER RESOLVED, That the “pork chop” island located in the Princeton Drive access
shall be constructed to the same specifications as the Aldi, Inc.’s access on Janesville Road.
BE IT FURTHER RESOLVED, That other ancillary signage on the property is expressly
prohibited unless specifically regulated by Section 17:6.09 of the Municipal Code.
BE IT FURTHER RESOLVED, That all operations including the sale of gasoline and car washes
shall be prohibited between the hours of 11 p.m. and 5:00 a.m.
BE IT FURTHER RESOLVED, That all car wash operations shall occur with all doors closed
during wash and blower operations.
BE IT FURTHER RESOLVED, That dimensional shingles shall be used.
BE IT FURTHER RESOLVED, That prior to release of building permits, material samples
shall be approved 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 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 costs must be submitted to the Planning Department.
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
Adopted: July 15, 2003
Defeated:
Deferred: July 1, 2003
Introduced: July 1, 2003
ATTEST: Sandi Asti, Recording Secretary