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PCR2000031AMENDED RESOLUTION #P.C. 031-2000 APPROVAL OF BUILDING SITE AND OPERATION PIAN AND CONDITIONAL USE GRANT FOR A CAR WASH FOR BURKE PROPERTIES, INC. PARCEL LOCATED AT THE SOUTHEAST CORNER OF STH 45 AND STH 36 IN THE NE % OF SECTION 25 (TAX KEY NO. 2257.978.003) WHEREAS, Burke Properties has previously received Plan Commission approval for a 4,400 square foot principal structure housing a convenience store, and a 4,500 square foot gasoline pump canopy, by adoption of Amended Resolution #PC 100-99, for the property located at the southeast corner of STH 45 and STH 36 in the NE X of Section 25 (Tax Key No 2257.978.003) and WHEREAS, Plans were submitted by Burke Properties Inc. for a Building, Site and Operation plan and Conditional Use Grant for a 2,511 square foot addition to the approved building which would be used as a two-bay car wash on January 14,2000, 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, The Plan Commission's approval of Resolution #PC 100-99 required the building plans to be amended to illustrate that the eastem-most thirty (30) feet of the north elevation, and eastem-most thirty (30) feet of the south elevation are 100% masonry face brick, and this proposal does address this requirement of the Plan Commission. WHEREAS, The minimum setback for the 8-4 District is 40 feet, and the Durham Hill Design Guide requires buildings to be located at the minimum setback line, and the Building addition is proposed to have a setback of approximately 40 feet from the Highway 36 right-of- way, and WHEREAS, Signage for the property was approved by Amended Resolution #PC 100- 99, and no additional signage is proposed, and WHEREAS, Access to the property was approved by Amended Resolution #PC 100- 99, and no additional access points are proposed, 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 the number of parking stalls approved by Amended Resolution #PC 100-99 is sufficient to accommodate this use, WHEREAS, landscaping plans have not been submitted in conjunction with the proposed building addition, and the plans as approved by Amended Resolution #PC 100-99 require amendment to reflect foundation and perimeter landscaping changes, and WHEREAS, a dumpster enclosure was approved by Amended Resolution #PC 100-99 is sufficient to accommodate this use, and WHEREAS, lighting for the drive aisles and parking areas was approved by Amended Resolution #PC 100-99, and no change is proposed, 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 the convenience store and gasoline service station as approved by Amended Resolution #PC 100-99 limits hours of operation to 500 am - 11:OO pm, and WHEREAS, With regards to specific operations, the Plan Commission finds that car wash operations may have negative impacts on the surrounding neighborhood if operations result in excessive or inappropriate levels of noise, 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, 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 relating to the original plan approvals, and such submittals may require modifications. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building, site and operation plan and conditional use grant for the proposal submitted January 14, 2000 by Burke Properties, Inc. for a car wash 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). BE IT FURTHER RESOLVED, That operations shall be prohibited between the hours of 11 p.m. and 500 a.m. BE IT FURTHER RESOLVED, That the car wash shall operate entirely within the confines of the structure with both entry and exit door closed during wash and dry cycles of the operation. All noise levels resulting from operation shall conform to the standards of Chapter 22 of the Municipal Code pertaining to nuisances. BE IT FURTHER RESOLVED, That the use of temporary or portable signage shall conform to the requirements of Amended Resolution #PC 100-99 without exception. BE IT FURTHER RESOLVED, That outdoor storage, sales, and / or display of merchandise, shall conform to the requirements of Amended Resolution #PC 100-99 without exception. 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. BE IT FURTHER RESOLVED, That prior to issuance of occupancy permits, Burke Page 2 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 access to the site shall conform to the requirements of Amended Resolution #PC 100-99 without exception. BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of landscaping andlor 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 this Conditional Use grant shall be reviewed by the Plan Commission one (1) year following issuance of an occupancy permit for the structure and any operations which are deemed to be inconsistent with this approving resolution may be subject to further conditions by the Plan Commission. 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 future operations which are deemed to be inconsistent with this approving 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 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. BE IT FURTHER RESOLVED, That prior to issuance of building permits, the Plan Department shall contact the City of Madison Plan Department and elected official regarding noise, and any negative response shall be forwarded to the Plan Commission for consideration of additional conditions of approval. BE IT FURTHER RESOLVED, That prior to issuance of building permits, the Plan Department shall review and approve of all landscape plan revisions. Plan Commission City of Muskego Approved 02-1 5-00 Denied Deferred Introduced February 15, 2000 Page 3 ATTEST. LA, A Ak Sandi Asti. Recording Secretary