PCR1999097RESOLUTION #P.C. 97-99
APPROVAL OF A CONCEPTUAL BUILDING, SITE AND OPERATION PLAN AND
CONCEPTUAL CONDITIONAL. USE PERMIT FOR O’MALLEY INVESTMENTS AT
THE PROPERTY LOCATED AT W125 S9706 NORTH CAPE ROAD (TAX KEY NOS.
2257.997, 2257.978.004 AND PART OF ADJACENT WEPCO RIGHT-OF-WAY)
WHEREAS, Plans were submitted by O’Malley Investments to place a service station
and convenience store at the site located at W125 S9706 North Cape Road and adjacent
properties (Tax Key Nos. 2257.997, 2257.978.004 and part of the abutting WEPCO right-of-
way) on August 6, 1999, and
WHEREAS, This facility will replace the existing tavedrestaurant once completed, and
WHEREAS, The parcels are zoned B-4, Highway Business District and the proposed
use requires the grant of a Conditional Use Permit in the B-4 zoning district as a service
establishment for automobiles, and
WHEREAS, All proposed structures and site design will substantially conform to the
requirements of the Draft Durham Hill Design Guide including but not limited to the Guide’s
design elements described as lighting, signage, architecture and appearance, landscaping, parking
and cross-traffic easement access to adjoining properties, and
WHEREAS, The proposed Business, Site, and Operations Plan will conform to the City
of Muskego Storm Water Management Ordinance, and
WHEREAS, the facility will be served by municipal sanitary sewer,
THEREFORE BE IT RESOLVED, The Plan Commission approves of a conceptual
building site and operation plan for O’Malley Investments and conceptual conditional use
permit, subject to compliance with the Draft Durham Hill Design Guide, Stormwater
Management Ordinance, and a Public Hearing and Conditional Use Grant for the operation of a
service station and convenience store.
BE IT FURTHER RESOLVED, that the final BSO and Conditional Use Grant
submittals by petitioner shall be presented to include hours of operation, which shall be
restricted to avoid 24-hour per day operation.
BE IT FURTHER RESOLVED, that prior to the final BSO and Conditional Use Grant
submittals petitioner shall meet with representatives of the Police Deparment, and said
submittals shall be presented to the Plan Commission address all safety and security issues
identified therefrom
, ,BE IT FURTHER RESOLVED, that this approval is granted in concept and is only an
indlcatlon of the present intention of the Plan Commission. Final action is subject to future
review and consideration by the Plan Commission, municipal committees of jurisdiction, and
other agencies, and approval of final plans is not guaranteed by this action of the Plan
Commission.
Plan Commission
City of Muskego
Adopted 08-17-99
Defeated
Deferred
8-17-99