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
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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
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ATTEST. LA, A Ak
Sandi Asti. Recording Secretary