PCM20060516 PH Zabest Gas Station Cond Use
CITY OF MUSKEGO
PLAN COMMISSION PUBLIC HEARING MINUTES APPROVED
7:00 PM Tuesday May 16, 2006
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
PUBLIC HEARING for a Conditional Use in accordance with Section 6.03 of the City of
Muskego Zoning Ordinance for the operation of a gasoline service station, located in the NE ¼
of Section 25 (Tax Key No. 2257.997 / W125 S9706 North Cape Road).
PRESENT
Mayor Damaske, Commissioners Hulbert, Schaumberg, Simpson, Stinebaugh, Michalski, Plan
Director Muenkel and Recording Secretary Asti.
ABSENT
Alderman Buckmaster
Mayor Damaske declared the Public Hearing open at 7:07 p.m.
Plan Director Muenkel stated that this Public Hearing is for a Conditional Use Grant to allow
petitioner to construct and operate a gasoline service station located on the northeast corner of
North Cape Road and State Highway 36. Petitioner proposing to construct a gasoline service
station with five pumps, a car wash and convenience center. The development has restricted
access and must meet specific guidelines as it is located within the Durham Hill Design Guide
area. A Conditional Use Grant is necessary for gasoline service stations in the B-4 Highway
Business zoning district.
Mayor Damaske asked for members in the audience to address the Commission with their input
of concerns, questions, comments, etc.
Mr. Steven Van Goethem, S97 W13172 Champions Drive, representing the Homeowners
Association. A commercial development is needed in that area, however, this location should
not be used for a gas station. There is one entrance and one exit that lines up with Champions
Drive and from a traffic standpoint this will cause cars to cut-through to get to Highway 36.
The association is requesting the owner of the property to contact the Department of
Transportation and petition the State for another access point. Safety was another issue, with
all the traffic in this area this is an accident waiting to happen. Due to the noise factor, the car
wash should be eliminated. A gas station is needed, however it is not an appropriate use for
this area. Would support a gas station on the south or southeast parcel. In 1999 a similar
proposal was denied.
Alderman Madden, S110 W14800 Union Church Drive, agrees 100% with the Homeowners
Association, in her opinion, this is not a good place for a gas station and car wash. The traffic
is horrendous in this area.
Mr. Joe Roubik, S97 W12961 Champions Drive, agrees with items stated previously. The
traffic volume is going up substantially. Suggested that speed bumps could discourage cut-
through, however, would be a deterrent to the residents of the subdivision.
Mr. Ron Franzen, W127 S9658 Scott Krause Drive, opposed the car wash due to the noise.
Concerned with children riding bikes to the gas station crossing the highway, potential for a
deadly accident.
Plan Commission Public Hearing Minues, continued
May 16, 2006
Mr. Greg Oman, S97 W12665 Champions Drive, safety concerns and noise are issues.
Adding an additional access off Highway 36 would be a requirements.
Mr. Rich Kinter, W128 S9750 Champions Drive, has many of the concerns that have been
stated. Would like to see some type of development. This is a dangerous intersection. The
traffic concerns need to be addressed. Adding an exit on the north side might help alleviate
some concerns. Get rid of the car wash due to noise level. Do not think a gas station is the
right answer. The northeast corner would be a more appropriate area.
Mr. Pat Koftis, S97 W13011 Champions Drive, has the same sentiments. The building looks
great, but traffic is an issue. The quiet streets will become a thoroughfare. Something needs
to be developed but this is not the right development.
Ms. Patti Pilarski, 3934 Rivers Crossing Drive in Waukesha, purchased a lot in Weatherwood
Courts Subdivision. She purchased property due to the location and the feeling of living in the
country. Has a concern with the gas station being open until 11:00 p.m. that is too late. The
noise and traffic will pose a problem. She echoed all the sentiments with the people living in
Champions Village with obstruction of the traffic.
Ms. Bobbi Prichard, S96 W12761 Walter Hagen Drive, if a gas station would be allowed this
would cause a lot of problems with traffic, loud noise and dangerous. This would really
complicate the situation. Totally against the proposal.
Mr. Pat Murphy, W127 S9672 Scott Krause Drive, agrees with everything that has been said.
Totally against a gas station going there. This will bring in a lot of problems that we don’t
currently have. It is a residential area not a business area. This would be detrimental to people
that have invested in property.
Mr. Cary Schultz, W125 S9603 North Cape Road, directly affected. He wanted to live here
because of the country feeling, putting a gas station here would make it feel like living in the
city. Safety is an issue. Does not see a gas station benefiting anyone in that area. Feels this
is a very bad idea.
Mr. Lex Prichard, S96 W12761 Walter Hagen Drive, moved here for the peaceful country
setting. Very concerned about the safety issues. Has a concern with the bright lights at night,
noise and increased traffic. This is not what I moved to Muskego to enjoy.
Mr. Steve Nikolas, Zabest Commercial Group, here on behalf of the land owner. They have
researched the concerns and would like to address some of the issues mentioned. Regarding
curb cut and egress, this is a County Road that has Waukesha County jurisdiction and Highway
36 has State jurisdiction. Willing to work with County and State to provide a better solution.
However, their research has found that the County has mandated the driveway line up with
Champions Village and will only allow one access. Regarding the noise from the car wash,
willing to curtail hours of operation and have blowers facing away from impact to subdivision.
As far as lighting, the cutoff is at property line and there should be no glare. As far as use, the
B-4 Zoning District allows a gas station with a Conditional Use Grant. The canopy is behind
the building and will help screen.
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Plan Commission Public Hearing Minues, continued
May 16, 2006
Ms. Dolores Franzen, W127 S9658 Scott Krause Drive, agrees with everything that has been
said. Has an issue with the car wash with water residue on the street. This is an increased
hazard on the roadway.
Mr. John Padiasek, W127 S9643 Scott Krause Drive, agrees with most the neighbors. We
need commercial development but it should be on the other side of the street. With increased
traffic this would be very dangerous.
There being no further questions or comments, the Public Hearing was adjourned at 7:31 p.m.
Respectfully submitted,
Sandra S. Asti
Recording Secretary
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