PCR1999112AI 0 AMENDED
RESOLUTION #P.C. 112a-99
APPROVAL OF BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE
GRANT FOR A GASOLINE SERVICE STATION AND CONVENIENCE STORE FOR THE
O’MALLEY INVESTMENTS, MC. PARCEL LOCATED AT THE NORTHEAST CORNER
OF STH 45 AND STH 36 IN THE NE ‘h OF SECTION 25 (TAX KEY NOS. 2257.978.004
AND 2257.997 AND PART OF ADJACENT WEPCO RIGHT-OF-WAY)
WHEREAS, Plans were submitted by O’Malley Investments, 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 northeast comer of STH 45 and STH 36 in the NE ’/4 of Section 25
(Tax Key No 2257.978.004 and 2257.997 and part of adjacent WEPCo right-of-way) on August
18, 1999 and was amended August 20, 1999, September 10, 1999 and September 13, 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, Section 6.03 of the Municipal Zoning Code requires 1500 foot separation
between gasoline service stations, unless “upon examining the plan and speclfications of the size
and layout of the proposed station, submitted by prospective operator and upon examining a
report of /he Ciiy Engineer as to the effect of such a station upon present traffic conditions, that
the proposed station will not result in a traffic, lire, health, or safety hazard, that such a station
will not be offensive to the surrounding neighborhood by reason of its physical. social, or 0 economic feasibility. ”, and
WHEREAS, The City’s Consulting Engineers have prepared a document entitled
“O’Malley Trafiic Study”, dated October 1999 which addresses the traffic impact review
requirements of Section 6.03 of the Zoning Code, and
WHEREAS, Said property is located within the Durham Hill neighborhood and is subject
to the design standards outlined in the City of Muskego’s Durham Hill Design Guide, and
WHEREAS, 0”alley Investments, Inc. requests approval for a 4,800 square foot
principal structure housing a convenience store and food outlet with drive-thru, (herein referred to
as “the Building”) and a gasoline pump canopy, and said structures meet the floor area and
height requirements of the zoning ordinance, and
WHEREAS, Said structures are proposed to be constructed in agrarian architectural style,
and said styles are in conformance with the Durham Hill Design Manual, and
WHEREAS, Said structures are proposed to be constructed with exterior materials which
include stone veneer and board and batten siding, and said materials are not in conformance with
the Durham Hill Design Manual, because the Plan Commission finds that stone veneers are
a not approved materials, and
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0 WHEREAS, All Building mechanicals, including WAC units, are proposed to be screened from view, and
WHEREAS, The minimum setback for the B-4 District is 40 feet, the Durham Hill Design
Guide requires buildings to be located at the minimum setback line, and said proposal meets the
requirements of the Durham Hill Design Guide, and
WHEREAS, a 71 square foot ground sign measuring IO feet 10 inches above grade 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 North Cape Road is illustrated on the proposed
site plan and is aligned with the Champions Drive entrance, and said driveway access is subject to
review and approval by the Waukesha County Department of Transportation, and
WHEREAS, Twenty-three parking stalls are proposed, and said number of parking stalls
conforms to zoning requirements, and
WHEREAS, Parking is proposed to be located at the rear (non-street side) 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
0 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 rehse containers in an area
screened from view, and said enclosure is proposed to be constructed of stone veneer and Board
and Batten siding, in order to be compatible with the design of the Building, and said materials is
not in conformance with the Durham Hill Design Guide, because the Plan Commission finds
that stone veneers are not approved materials, and
and
WHEREAS, lighting for the drive aisles and parking areas is proposed in the form of six
fixtures, each being 15 feet high, with 250-watt lamps, and such fixtures are permitted provided
the housing is shielded and placed with a zero-degree tilt, the lamps are high pressure sodium, and
WHEREAS, lighting for the canopy is proposed in the form of ten fixtures, each being
mounted 14.5 feet high, with lamps being 400-watt high pressure sodium, 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 0 commercial uses and the petitioner has indicated in the Operational Plan dated September IO,
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0 1999 that the hours of operation will be limited to 5AM to 1 lPM, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and petitioner has indicated in the Operational Plan dated
September 10, 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
WHEREAS, No amplified speakers for the drive-thru are proposed, and
WHEREAS, O’Malley Investments, Inc. has not 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,
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan and conditional use grant for the proposal submitted on August 18, 1999
and was amended August 20, 1999, September 10, 1999 and September 13, 1999 by OMalley
Investments, Inc. for a gasoline service station, convenience store, and food outlet with drive-thru
at the property located at the northeast comer of STH 45 and STH 36 in the NE ‘A of Section 25 a (Tax Key No 2257.978.004 and 2257.997 and part of adjacent WEPCo right-of-way). Subject
to the substitution of Lanon Stone where petitioner proposes stone veneer.
BE IT FURTHER RESOLVED, That by the passage of this resolution with five votes in
the affirmative, the use of stone veneer and Board and Batten siding for the Building and
dumpster enclosure shall be allowed as an exception to the Durham Hill Design Guide.
BE IT FURTHER RESOLVED, That this approval is granted contingent upon O’Malley
Investments receiving approval from the Waukesha County Department of Transportation for the
pavement marking necessary to delineate a turning lane on the east side of North Cape Road in
accordance with the recommendation of the City’s Consulting Engineers. Failure to obtain
permission from the Waukesha County Department of Transportation for the pavement marking
shall result in this Conditional Use Grant and Business Site and Operations Plan approval being
VOID
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 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 a minimum of fifleen calendar days separating each occasion.
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0 BE IT FURTHER RESOLVED, That no use of amplified speakers for the drive-thru be used.
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 except for the ground sign approved herein, and the
Open Pantry wall sign approved herein, prior to issuance of building permits for signage, all
additional signage must be reviewed and approved by separate action of the Plan Commission.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the proposed
driveway access location to North Cape Road to the Waukesha County Department of
Transportation, and supports the prohibition of access to State Trunk Highway 36.
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 be 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 be subject to further review by the Plan
Commission, and any hture operations which are deemed to be inconsistent with this approving 0 resolution may be subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage 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
Approved 02-01 -00
Denied
Deferred 09-21-99. 11-2-99
11-16-99. 12-07-99
0 1-04-00 01-18-00
9-2 1-99
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