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PCR1995031AMENDED RECOMMENDATION OF APPROVAL FOR RENEWAL OF CONDITIONAL USE RESOLUTION #P.C. 31-95 GRANT FOR EXTRACTIVE SAND AND GRAVEL OPERATION AT 571 W13219 TESS CORNERS DRIVE-J. GLOCKNER WHEREAS, The Plan Commission of the City of Muskego has received a petition for renewal of the Conditional Use Grant #lo2 for sand and gravel extraction at S71 W13219 Tess Corners Drive, and WHEREAS, An extractive permit fee of $300.00 has been paid, and WHEREAS, Concerns exist regarding the propriety of the gravel operation and other unauthorized operations on this site including, but not limited to, the storage of building demolition wastes, the burning and storage of tires, roof shingles and asbestos materials, and WHEREAS, Per Mr. Glockner's past statement at the January 6, 1987 public hearing for this use was that this operation would cease by 1997 and a restoration bond has been filed with the City, and required to be filed with the City per Resolution P.C. 33-87 yet WHEREAS, a restoration bond in the amount of $25,000 was the City has no record of said bond, and WHEREAS, Per Section 6.07(14) of the Zoning Ordinance of the City of Muskego a restoration plan has been filed with the City, and the other thus making it necessary for a comprehensive overview WHEREAS, Each operation on this property intertwines with to be applied in determining if compliance to past approvals has been achieved, and WHEREAS, The necessary public hearing has been held. WHEREAS, Through the adoption of P.C. Resolution #170-94 the approval of a landscape business was also approved at said review of the Conditional Use Grant that allows the extractive location subject to annual review each year with the annual operation, and trailer and mulch at any one time and for them to be parked east WHEREAS, It is intended to store four (4) trucks and one (1) of the existing driveway, and it is possible that nursery stock stored at this location, and limited to that which is needed for contracted jobs may be behind the existing gate and the area is 220' x 30' in area along the east side of the existing driveway, and WHEREAS, The area is 270' from the edge of the property and WHEREAS, This proposal was approved subject to the following items : 1. Parking or storages of inoperable employee and customer vehicles is prohibited. In the event of an inoperable company vehicle, said vehicle shall be repaired or removed from the property in a timely manner. 2. An appropriately sized dumpster(s) shall be provided. branches, stumps logs, leafs, grass clippings, discarded 3. No storage, dumping, landfilling or burning of twigs, potting vessels on host property. 4. No storage of above or below ground fuel tanks; existing fuel tanks shall be removed. 5. Site shall be maintained in a neat and orderly fashion. 6. The mixing and storage of any herbicides and pesticides shall be conducted in compliance with all applicable State and Federal regulations. coincide with the annual review of the extractive 7. Review of this operation shall be on an annual basis to operations. 8. That all reference to parking of trucks is specifically parking and not storage and that the trailer referenced is an open trailer for equipment hauling. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby recommend approval to the Common Council for the renewal of the extractive permit and the Conditional Use Grant #lo2 at 571 W13219 Tess Corners Drive subject to the following: 1. Junked vehicles , vehicle parts, tires and junk in general that are being stored in the excavated area are to be removed. 2. Yard wastes and demolished building materials that are being used as fill for the excavated area including tar roof shingles and asbestos siding and pipe wrap are to be removed. 3. The restoration bond for $25,000 required in within 45 days or the extraction permit will be Resolution #P.C. 33-81 has to be filed with the City revoked. 4. All conditions of approval associated with P.C. Resolution #170-94 require continual compliance and all requirements and deadlines as stated in the letter to Mr. Glockner from the Planning Department dated April 4, 1995. 5. The Plan Department will inspect this property in three (3) month intervals to monitor clean up progress. Plan Commission City of Muskego Adopted 04-04-95 Defeated Deferred 03-21-95 03-16-95