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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 A 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, Page 2 A 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. Page 3 A 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 Page 4 A