PCR1999100AMENDED
RESOLUTION #P.C. 100-99
APPROVAL OF BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE
GRANT FOR A GASOLINE SERVICE STATION AND CONVENIENCE STORE FOR
BURKE PROPERTIES, INC. PARCEL LOCATED AT THE SOUTHEAST CORNER OF STH
45 AND STH 36 IN THE NE L/4 OF SECTION 25 (TAX KEY NO. 2257.978.003)
WHEREAS, Plans were submitted by Burke Properties Inc. for a building, site and
operation plan and conditional use grant for a gasoline service station and convenience store at
the property located at the southeast comer of STH 45 and STH 36 in the NE % of Section 25
(Tax Key No 2257.978.003) on July 27, 1999 and was amended August 20, 1999, September I,
1999, and September 10,1999,and
WHEREAS, Said property is currently zoned B-4, Highway Business District, and
automobile service related uses are a permitted use by conditional use, and
WHEREAS, Said property is located within the Durham Hill South neighborhood and is
subject to the design standards outlined in the City of Muskego’s Durham Hill Design Guide, and
WHEREAS, Burke properties requests approval for a 4,400 square foot principal
structure housing a convenience store, and a 4,500 square foot gasoline pump canopy, and said
structures meet the floor area and height requirements of the zoning ordinance, and e
WHEREAS, Said structures are proposed to be constructed with rural or agrarian
architectural influences, and are proposed to be constructed with exterior materials which include
face brick and cedar, and said styles are in conformance with the Durham Hill Design Manual,
but additional masonry is required to meet the Design Manual specifications, and
WHEREAS, All Building mechanicals, including HVAC units are proposed to be
screened from view, and
WHEREAS, The minimum setback for the B-4 District is 40 feet, and the Durham Hill
Design Guide requires buildings to be located at the minimum setback line, and the Building is
proposed to have a setback of approximately 40 feet from the Highway 36 right-of-way, and
WHEREAS, a 41 square foot ground sign measuring 4 feet 10 inches above grade and
composed of brick to match the Building is proposed, and said sign conforms to the requirements
of the zoning ordinance and Durham Hill Design Guide, and
WHEREAS, one driveway access point to State Trunk Highway 45 / North Cape Road is
illustrated on the proposed site plan, and said driveway access is subject to review and approval
by the Wisconsin Department of Transportation, and
WHEREAS, Fifteen parking stalls are proposed, and said number of parking stalls @ conforms to zoning requirements, and
WHEREAS, parking is proposed to be located to the side and rear of the Building, and
the Durham Hill Design Guide calls for all parking to be located to the side and rear of the
Building, and
WHEREAS, landscaping is proposed which is compatible to the Durham Hill
neighborhood, and which meets the minimum standards of the Durham Hill Design Guide, and
WHEREAS, a dumpster enclosure is proposed to house all refuse containers in an area
screened from view, and said enclosure is proposed to be constructed with masonry pillars at
each corner and with cedar sides and cedar doors, and will be compatible with the design of
the Building, and
WHEREAS, lighting for the ground sign is proposed in the form of two ground mounted
floodlight style fixtures, and no detail regarding the fixture is provided, and such fixtures may be
permitted provided that documentation is provided which verifies the absence of light trespass on
surrounding properties, and
WHEREAS, lighting for the drive aisles and parking areas is proposed in the form of
seven fixtures, each being 15 feet high, with a 6 inch extension and 16 inch housing, with lamps
being 175 watt high pressure sodium, and such fixtures are permitted provided the housing is 0 shielded and placed with a zero-degree tilt, and
WHEREAS, lighting for the canopy is proposed in the form of sixteen fixtures, each
being mounted 14 feet high with a 16 inch housing, with lamps being 100 watt high pressure
sodium, with said fixtures being mounted to provided indirect lighting into the exposed rafter
area of the gas pump canopy, and such fixtures may be permitted provided that documentation is
provided which verifies the absence of light trespass on surrounding properties, and
WHEREAS, With regards to specific operations, the residents of Durham Hill have stated
on the record of the Mayors Task Force on Economic Development, that they oppose 24 hour
commercial uses, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and petitioner has indicated in correspondence to the
Planning Director dated September 1, 1999 that they do not object to the prohibition of outdoor
sales and storage of goods such as water softener salt, and mulch, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and the Plan Commission desires to limit the negative
appearance that accompanies the over-use of temporary banners, pennants, and signs, and
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WHEREAS, With regards to specific operations, original submittals included plans for
a car wash operation, but these plans have been removed from the September 10, 1999
submittal, and
WHEREAS, Burke Properties, Inc. has submitted for review and approval all required
grading, storm water management, and utility plans for review and approval by the Public Works
Committee and Public Utilities Committee, and such submittals may require modifications to
conform to the September 10,1999 submittal.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan and conditional use grant for the proposal submitted July 27, 1999 as
amended August 20, 1999 and as amended September 1, 1999 and September 10, 1999 by
Burke Properties, Inc. for a gasoline service station and convenience store at the property located
at the southeast comer of STH 45 and STH 36 in the NE 1/4 of Section 25 (Tax Key No
2257.978.003).
BE IT FURTHER RESOLVED, That the building plans are required to be
amended to illustrate that the eastern-most thirty (30) feet of the north elevation, and
eastern-most thirty (30) feet of the south elevation are 100% masonry face brick,
BE IT FURTHER RESOLVED, That operations shall be prohibited between the hours of
11 p.m. and 5:OO a.m.
BE IT FURTHER RESOLVED, That the use of car wash is not a part of this approval,
and any future business site and operation plan submitted for such use will require
separate application and consideration of conditional use grant,
BE IT FURTHER RESOLVED, That the use of temporary or portable signage shall
require the issuance of a permit by the Zoning Administrator, and such permits shall be limited to
six occasions per calendar year, with each occasion limited to ten calendar days, and with a
minimum of fifteen calendar days separating each occasion.
BE IT FURTHER RESOLVED, That outdoor storage, sales, and / or display of
merchandise, including but not limited to water softener salt, mulch and landscaping materials,
shall be expressly prohibited.
BE IT FURTHER RESOLVED, That prior to issuance of building permits for signage, all
signage must be reviewed and approved by separate action of the Plan Commission.
BE IT FURTHER RESOLVED, That prior to issuance of building permits for
construction of the Building, photometric lighting illustrations for all proposed exterior lighting
must be submitted to the Planning Department for review and approval.
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BE IT FURTHER RESOLVED, That prior to issuance of occupancy permits, Burke 0 properties shall provide the Plan Commission with Business Operations Plan details regarding
the operator and /or franchise who will operate the facility.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the proposed
driveway access location to State Trunk Highway 45 / North Cape Road to the Wisconsin
Department of Transportation, and supports the prohibition of access to State Trunk Highway 36.
BE IT FURTHER RESOLVED, That all traffc aisles of less than twenty-four (24)
foot widths be marked with signage and pavement marking to require one-way vehicle
passage.
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BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of
landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value
of said improvement cost must he submitted to the Planning Department.
BE IT FURTHER RESOLVED, That at the call of the Plan Commission Chairman, the
operations subject to this conditional use grant may he subject to further review by the Plan
Commission, and any future operations which are deemed to be inconsistent with this approving
resolution may he subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans he kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage shall he
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That approval is subject to the time restrictions for
Plan Commission Approvals found in Section 6.12 of the City of Muskego Zoning
Ordinance.
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
Approved 09-21-99
Denied
Deferred 09-07-99
9-7-99
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