Plan Commission Minutes 09-21-99PH-O'Malley GasStation
PLAN COMMISSION PUBLIC HEARING
MINUTES OF PUBLIC HEARING HELD SEPTEMBER 21, 1999, 6:45 P.M.
Upon the petition of O’Malley Investments, Inc. for a Conditional Use in accordance
with Section 6.03 of the City of Muskego Zoning Ordinance for the purpose of operating
a gasoline service station at the property located in the NE ¼ and NW ¼ of Section 25.
(Tax Key No. 2257.997, 2257.978.004 and part of adjacent WEPCO right-of-way /
W215 S9706 North Cape Road).
Present were: Mayor De Angelis, Alderman Salentine, Commissioners Smith, Hulbert,
Plan Director Turk, and Recording Secretary Asti.
Absent: Commissioners Gummer and Schaumberg
Secretary reported that the Public Hearing was properly noticed in accordance with the
Open Meeting Law.
Mayor De Angelis declared the Hearing open at 6:50 P.M.
Plan Director Turk stated that following the public hearing there are two petitioners on
the Plan Commission Agenda proposing gasoline service station and convenience
stores. According to the ordinance, there is a 1500 foot separation requirement
between these uses unless the Plan Commission determines, upon examining the plan
and specifications of the size and layout of the proposed station submitted by the
prospective operator and upon examining a report of the City Engineer as to the effect,
that the second station will not result in a traffic, fire, health, or safety hazard, and that
such a station will not be offensive or a nuisance to the surrounding neighborhood by
reason of its physical, social or economic feasibility.
Director Turk noted that petitioner proposes to build a gasoline service station and
convenience store. Petitioner has agreed to restricted hours of operation with closure
from 11:00 pm to 5:00 am and the prohibit outdoor storage and sales. The proposed
4,800 square foot building is agrarian in style and will accommodate a convenience
store and food outlet. The building location meets the requirements of the Durham Hill
Design Guide. A bike path is proposed extending east on WEPCO right-of-way. There
is one vehicle access indicated on CTH 00 which is subject to County DOT approval.
The parking and lighting proposals along with signage have been revised to conform to
code requirements. Grading and utility plans have not been provided and will need
approval by the Public Works and Public Utility Committees.
Mayor De Angelis asked the petitioner if he wished to speak on this matter.
Attorney Paul Piaskowski, Piaskoski & Associates, S.C., petitioner’s representative,
believes that the Plan Commission could approve the two proposals with alternative
contingencies without deferring the Open Pantry item until the engineer’s report is
completed. Attorney Piaskowski stated that approval could be granted with approval
from engineer’s report thus having no delay on this development.
Mr. Jack Henry, O’Malley Investments, Inc., addressed the Commission showing a color
rendering of the proposal. The building will be red and white with board and batten
cedar siding material. Mr. Henry informed the Commission that O’Malley Investments
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has acquired four parcels of land in this area including future plans of purchasing the
remnant piece from the State DOT. All parcels will be landscaped as one area with a
park-like setting. A bike path will continue to the Franklin City Limits. Mr. Henry stated
that this project is prepared to move forward with a Citgo Gas Station and Open Pantry.
Mr. Robert Buhler, Sr., Chairman of Open Pantry, spoke to Commission that this is a
convenience store and gas station proposal that needs the good will of neighbors to be
successful. Mr. Buhler said that this is not a typical design of Open Pantry but would
request that the Commission consider this proposal on its merit.
Mr. John Winter, Vice President of Operations for Open Pantry, confirmed the submittal
of operational plan with hours being from 5:00 AM - 11:00 PM. There will be four
pumps with the option of paying at the pump. Deliveries will be from 8:00 AM to 5:00
PM. An estimate of 900 customers per day will be served. There will be no bulk sales
on site and reiterated that this is a full line grocery store. Wisconsin Lottery will be sold
at this location. The entire property will have a park like setting with picnic tables.
Papa John’s pizza is being considered for the drive thru facility however, this is not
definite.
Mayor De Angelis asked for members in the audience to address the Commission with
their input of concerns, questions, comments, etc.
Mr. Bill Pucillo, Burke Properties, stated that Burke Properties had the opportunity to
purchase this parcel of land but chose not to. Mr. Pucillo stated that after speaking with
families in the Champions Village subdivision this was not a good site for a gas station
and convenience store. The traffic will be a problem and Mr. Burke is totally opposed
to this facility in this location.
Mrs. Rachel Wagner, S96 W12648 Champions Drive, had several concerns with this
proposal: street access; traffic; deliveries along with people getting gas causing noise
problems; traffic turning into the Champions Village subdivision will become a hazard;
and is totally opposed to this proposal at this location.
Mr. Richard Kinter, W128 S9750 Champions Court, stated that this is a great plan but
not on that corner. This would decrease the value of the homes in this area. Traffic is
a real concern and Mr. Kinter does not want this gas station proposal in this area.
Mr. Ron Schildt, S97 W12665 Champions Drive, feels that the traffic will be a real
concern. This is not a good location from a safety issue and subdivision traffic
standpoint.
Mr. Dave Wagner, S96 W12648 Champions Drive, does not like the idea of people
sitting around picnic tables in an area so close to his home. The extra traffic creating
noise problems; or having traffic going through the subdivision becomes a safety issue.
Mr. Jack Henry, O’Malley Investments, Inc., addressed the traffic issue stating that this
would be a free flowing right turn lane which would not add traffic problems.
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Mayor De Angelis stated this matter would be heard through a resolution under New
Business later this evening. There being no further questions or comments, the Public
Hearing was adjourned at 7:20 P.M.
Respectfully submitted,
Sandra S. Asti
Recording Secretary