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PCR2004128bAMENDED RESOLUTION #P.C.128-2004 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR PREMIER LIMOUSINE IN THE SE ¼ OF SECTION 9 (TAX KEY NOS. 2193.123, 2193.124, 2193.125 / JANESVILLE ROAD) WHEREAS, On November 18, 2004 plans were submitted by Jim Mortle for a Building, Site and Operation Plan for Premier Limousine located on the current Kingdom Care property in the SE ¼ of Section 8 (Tax Key Nos. 2193.123, 2193.124, 2193.125 / Janesville Road), and WHEREAS, On February 15, 2005 new plans were submitted by Jim Mortle for a Building, Site and Operation Plan for Premier Limousine, and WHEREAS, On May 4, 2005 new plans were submitted by Jim Mortle for a Building, Site and Operation Plan for Premier Limousine, and WHEREAS, Said property is zoned B-4/OED Highway Business District with an Existing Development Overlay District, and said use is a permitted use by right and accessory subject to Building Site and Operation Plan approvals, and WHEREAS, The site currently consists of two structures, one of which is used for the Current Kingdom Care Daycare facility and the other which is vacant and the day care facility has a fenced in play area along with 9 existing parking stalls for patrons and employees, and WHEREAS, The site currently has overgrown landscaping and dilapidated gravel access ways throughout, with the exception of the portions surrounding the daycare structure, and WHEREAS, The Petitioner proposes to alter the current site by fixing the existing asphalt, add additional parking, re-grade an area where an old building foundation once stood, and re-utilize a small vacant structure, and WHEREAS, The Petitioner wishes to utilize the site as an office and parking facility for a limousine service, and WHEREAS, Office uses are permitted uses by right and off-street parking is a permitted use by accessory and a primary use is required before an accessory use is allowed, and WHEREAS, The vacant structure that will become the office for the limo service currently is made of all decorative stone and has ivy growing around the entire exterior, and WHEREAS, The petitioner wishes to keep the structure in the existing state to preserve the character, although Public Utilities will have to address occupancy as no sewer and water exists, and WHEREAS, The petitioner has future plans to demolish all the buildings on the site and build a new office or retail building. WHEREAS, Seven (7) Four (4) Three (3) new parking stalls are shown that will be 12 feet in width and 30 feet in length to be used specifically for the parking of the limousine vehicles and said stalls will have a secondary use for employees when not used by the limousine vehicles, and WHEREAS, The three limousine parking stalls will be for limos only and will be located on the rear of the property screened by fencing, and One of the parking stalls will be located in the rear of the building and will be used for the parking of a show trailer, and WHEREAS, Six new employee and customer parking stalls are shown on the front of the property and these stalls are 9 x 18 feet, and WHEREAS, The petitioner will restripe the existing parking stalls where needed and paint new stripes for the new parking stalls, and WHEREAS, The petitioner will repair and fill existing cracks and holes in the existing asphalt on the entire property to eliminate safety concerns and to maintain weed control, and WHEREAS, An old foundation existed on the northwest portion of the lot and the petitioner will re- grade this portion and replace it with sod, and WHEREAS, A refuse container exists on the lot and has no screening, and WHEREAS, A rusted bollard exists on the central western area of the lot, and WHEREAS, No additional lighting is shown on the new plans and any new lighting would need Plan Commission approval, and WHEREAS, A sign used by the existing daycare is located on the property and is currently petitioned to remain be removed remain although it could be a safety concern due to the proximity to the parking stalls, and WHEREAS, Access is provided to the site with an entrance off of Janesville Road and an entrance running the full width of the lot along Park Drive, and WHEREAS, A portion of the site is in ultimate right-of-way of Janesville Road, and WHEREAS, The property is within Redevelopment District #2 and the City’s Community Development Authority has recommended approval subject to the commercial vehicles being screened from Janesville Road, and WHEREAS, Stormwater management would not be needed as long as no additional impervious surfaces are added. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a May 4, 2005 Building, Site and Operation Plan for Premier Limousine located in the SE ¼ of Section 8 (Tax Key Nos. 2193.123, 2193.124, 2193.125 / Janesville Road). BE IT FURTHER RESOLVED, The properties must be combined into one parcel before final occupancy is granted and this can be accomplished through the Assessor’s Department. BE IT FURTHER RESOLVED, That a Taxicab License must be acquired from the Clerk’s Department before the occupancy of the business. BE IT FURTHER RESOLVED, That the six employee and customer parking stalls be 10 feet by 20 feet to meet the City’s General Design Guide. BE IT FURTHER RESOLVED, That the fence screening be a treated board on board or cedar fencing and that a chain link fence is not allowed. BE IT FURTHER RESOLVED, That this approval is subject to Public Utilities Committee granting approval to utilize the vacant structure for the office use and determining the need for sewer and/or water hookups. BE IT FURTHER RESOLVED, That this approval is subject to Public Utilities Committee granting approval to utilize the vacant structure for the office use because a primary use (Office) must be associated to a property before an accessory use (Commercial parking) is allowed. BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Public Utilities Committee that the office use be allowed without the hooking up to sewer and water for one year, in which time a review be conducted, and that this amount of time is sufficient for the property owner to either begin the future plans for the property OR to then conduct the office work in the Kingdom Daycare building since it complies with the City’s sewer and water ordinances. BE IT FURTHER RESOLVED, That the existing parking stalls be restriped to match the new stalls and that the existing asphalt be repaired, OR replaced where needed, so that the parking lot provides for a cohesive condition. BE IT FURTHER RESOLVED, That the refuse enclosure be moved to a location behind the proposed fence between the two buildings to appropriately screen the refuse that has appropriate screening and the screening and location must be approved by the Planning Department before the use is allowed. BE IT FURTHER RESOLVED, That sign be removed and replaced by asphalt in order to allow for the appropriate room for the parking stalls. BE IT FURTHER RESOLVED, That the rusted bollard be removed as part of the clean-up efforts. BE IT FURTHER RESOLVED, That no outdoor storage is allowed outside of the items within the play area fencing and any new outdoor storage would need Plan Commission approval for screening devices. BE IT FURTHER RESOLVED, That the four existing parking stalls noted on the northern portion of the lot be removed as they existed prior to the playlot installation and not enough room exists for two-way access between the end of the stalls and the playlot fencing. 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 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. BE IT FURTHER RESOLVED, When the day care use ceases, the sign will be removed. Plan Commission City of Muskego Adopted: May 17, 2005 Defeated: Deferred: December 7, 2004, January 4, 2005, January 18, 2005; February 1, 2005; February 15, 2005; March 1, 2005; March 15, 2005; April 19, 2005; May 3, 2005 Introduced: December 7, 2004 ATTEST: Sandi Asti, Recording Secretary