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PCR2010006 RESOLUTION #P.C. 006-2010 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR VEOLIA ENVIRONMENTAL SERVICES LOCATED IN THE NE ¼ OF SECTION 2 (W145 S6514 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.001) WHEREAS, Plans were submitted by Jay Warzinski on December 21, 2009 for a Building, Site and Operation Plan Amendment for Veolia Environmental Services in the Tess Corners Industrial Park at the property located in the NE ¼ of Section 2, and WHEREAS, The petitioner is proposing to lease a portion of this property for office/warehouse use and for the storage and repair of waste containers, and WHEREAS, Said property is currently zoned M-2 General Industrial Park District and said use is a permitted use by right with Plan Commission approval, and WHEREAS, Veolia currently owns a few properties in the Tess Corners Industrial Park, one of which is adjacent to this property, and WHEREAS, Veolia wishes to connect the two properties with a driveway to allow both to be used together and this will eliminate the need for containers to be transported between the two facilities via Tess Corners Drive, and WHEREAS, As part of the site connection driveway, a culvert needs to be installed to cross over a drainage swale, and WHEREAS, There is FEMA floodplain in this area that cannot be filled or crossed into, and WHEREAS, Veolia is stating that there may up to 14 employees at this site, but there has been some talk that this number may be lower, and WHEREAS, There is an existing parking lot by the office area of the site that is partially paved, with the remainder of the front portion of this site being gravel, and WHEREAS, Due to the snowy conditions we are not able to see the current condition of the parking markings, the asphalt and the gravel, and WHEREAS, There is an existing fenced area with older privacy slating in the central portion of the site that is going to be used by Veolia for container storage, and WHEREAS, To help limit any visual impacts of this business, Veolia is proposing to replace the existing chain-link fence facing Tess Corners Drive with a new wooden fence and they are proposing to replace the existing slating within the fence along the south side of their storage area with newer and denser slating to help limit views into the storage area, and WHEREAS, The hours of operation for the container repair are to be Monday – Friday from 6:00 AM until 9:00 PM, Saturday from 7:00 AM until 5:00 PM, and closed on Sundays, and office staff will have unlimited access to the facility, and WHEREAS, Said parcel will be serviced by municipal sanitary sewer and a private water well, and WHEREAS, No new signage (temporary or permanent) is proposed at this time. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan Amendment for Veolia Environmental Services in the Tess Corners Industrial Park at the property located in the NE ¼ of Section 2. BE IT FURTHER RESOLVED, That no outdoor storage (trucks, equipment, trailers, materials, pallets, containers, etc.) is allowed anywhere on this entire property, except within an approved and screened enclosure (i.e. screened fence area). BE IT FURTHER RESOLVED, That the new wood fence must be tall enough to screen whatever is behind it and a detail drawing of this fence must be submitted for approval before any new uses occur on site. BE IT FURTHER RESOLVED, That any dumpster for day-to-day use of this business needs to be located within an existing screened area or within a newly approved screened area. BE IT FURTHER RESOLVED, That an updated and more detailed grading/floodplain drawing will need to be submitted and reviewed for this area, before any new use occurs, that shows the current elevations/grades, the proposed elevations/grades, the mapped floodplain, and the floodplain location based on the floodplain elevations. BE IT FURTHER RESOLVED, That any hard surfaces (concrete, asphalt, or gravel) for the new connection driveway needs to be at least 3 feet away from any lot lines and this driveway needs to closed off from the west with additional fencing. BE IT FURTHER RESOLVED, That based upon the final employee count there needs to be at least 1 paved parking stall per employee for this property and a parking layout plan needs to be submitted and approved to ensure that there is enough paved parking on site before the new use occurs. BE IT FURTHER RESOLVED, That due to the weather, staff is going to conduct an inspection in the spring to check the condition of the asphalt areas, the gravel areas, and the parking striping and if there are any major pot holes or ruts within the asphalt or gravel, they will have to be addressed within a defined amount of time to be determined by staff and if the parking markings are not noticeable or not present, then these may also have to be re-striped. BE IT FURTHER RESOLVED, That any changes to the operations of the business or any changes to the exterior of the building or to the site will require Community Development Department and/or Plan Commission approvals. BE IT FURTHER RESOLVED, Signage is not proposed at this time, but future signage (temporary or permanent) must be approved by the Community Development Department before being installed. BE IT FURTHER RESOLVED, That the entire site must be kept up on in regards to maintenance of the asphalt, gravel, grass, and landscape areas at all times. BE IT FURTHER RESOLVED, That no work outdoors and no work that causes noise problems with the neighbors can occur outside of the listed container repair hours. BE IT FURTHER RESOLVED, The one additional item that has been discussed by staff was the possible extension of the solid wood fence all of the way to the southern lot line, with a gate across the driveway that leads to the rear business and Veolia stated that they will talk with the owner/realtor to see if this is something that might be able to be worked out. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. 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: January 5, 2010 Defeated: Deferred: Introduced: January 5, 2010 ATTEST: Kellie McMullen, Recording Secretary