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PCR2005050aAMENDED RESOLUTION #P.C.050-2005 APPROVAL OF AN AMENDMENT TO A BUILDING SITE AND OPERATION PLAN AND AN AMENDED CONDITIONAL USE GRANT FOR THE GEORGE ALEX PROPERTY LOCATED IN THE SE ¼ AND NE ¼ OF SECTION 25 (TAX KEY NO. 2257.973.001) WHEREAS, On March 14, 2005 plans were submitted by George Alex for a Building, Site and Operation Plan amendment and an amended Conditional Use Grant for a property located in the SE ¼ and NE ¼ of Section 25 (Tax Key No.2257.973.001), and WHEREAS, The current approved Building, Site, and Operation plans allow one building to the south for mini-warehouse and office space and one building to the north for mini- warehouse storage and an office/warehouse space, both with the appropriate landscaping, parking, and stormwater arrangements, and WHEREAS, The property currently has conditional use grants allowing mini-warehouse storage and the allowance of eight vehicles for sale in assigned parking stalls, and WHEREAS, The petitioner proposes to amend the conditional use grant to remove the allowance for eight vehicles for sale and to now allow the use of an auto-repair business to operate out of the office space in the northern building and to allow the parking of two rental vehicles in the two northernmost parking stalls on the property, and WHEREAS, The petitioner proposes to amend the approved Building, Site, and Operation plans to allow the following: 1. Change the eight parking stalls along the corner of USH 45 and Loomis Court from allowing 8 vehicles for sale to allowing 6 of the stalls for employee and customer parking for the auto-repair business and 2 of the stalls for the parking of rental vehicles (With only one spot to accommodate a rental vehicle of 26 feet at any one time). 2. Convert an open space area along Loomis Court to an enclosed area for outdoor storage of vehicles, trailers, and rental units. 3. Change the building elevation of the building on the northern portion of the property to include 7 new windows. 4. Allow 50 square feet of space in front of the office of the building on the southern portion of the property to be used for the display of goods for sale. WHEREAS, Said use is a permitted use in the B-4 District by Conditional Use Grant, and a public hearing has been conducted by the Plan Commission on April 19, 2005, and WHEREAS, The parking for the auto-repair business will now include 8 total stalls for employee and customer use and is sufficient for said use, and WHEREAS, The fencing surrounding the outdoor storage is proposed to be shielded with a six foot high chain link fence with brown colored privacy slats, and WHEREAS, Parking areas should be as inconspicuous as possible and the allowance of rental trucks in front of the business may not fall under the design criteria for this area, and WHERAS, Outdoor storage of goods for sale is not restricted by the Durham Hill Design Guide, and WHEREAS, The 2010 Comprehensive Plan depicts the area for commercial use and the proposed use conforms to these regulations, and WHEREAS, Said property is currently zoned B-4 requiring parcels of 30,000 square feet and 150 feet in width and parcel conforms to these regulations, and WHEREAS, The adopted Conservation Plan does not outline the area for acquisition or management initiatives, and WHEREAS, The adopted 2003-2007 Park and Open Space Plan does not propose acquisitions in the area, and WHEREAS, The proposal is consistent with the 2010 Street System Plan, and WHEREAS, Said parcel will be serviced by municipal sanitary sewer and private well, and WHEREAS, On April 22, 2005, signage details were submitted to be included as part of the BSO and sign #1 is a monument sign that is 42 by 96 inches and is made of MDO Plywood, rough sawed posts, external ground lamination, and will have vinyl lettering and all colors will match those found on the principal structures and sign #2 is a 24” by 41” hard plastic material sign that would be attached to the pillar fronting the office in the southern building on the parcel, and WHEREAS, The property is subject to Chapter 34 of the Municipal Code, and a stormwater management plan has been submitted to the Engineering Department for previous Building, Site and Operation Plans, and new calculations may be required by the Engineering Department before the new developments take place on the property. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan and an amended Conditional Use Grant for the George Alex property located in the SE ¼ and NE ¼ of Section 25 (Tax Key No. 2257.973.001). BE IT FURTHER RESOLVED, That all rental units and trucks shall be located in the fenced in portion of the property along Loomis Court and the two proposed stalls for rental units along the corner of the property shall be used for parking for employees and customers of the auto-repair business. BE IT FURTHER RESOLVED, That the Plan Commission finds the monument sign to meet the Durham Hill Design requirements and allows approval subject to all colors being used shall represent those found on the principal structures for the property and subject to the lighting being controlled to only illuminate only the sign face with 70 watt bulbs so no light pollution is associated. BE IT FURTHER RESOLVED, That the Plan Commission finds the sign to be hung from the pillar of the southern building office façade to be disapproved as wall signage already exists for this building and additional signage may be taken care of within the existing approved signage or within the right-of-way monument sign for the property. BE IT FURTHER RESOLVED, That no outdoor storage of vehicles, materials and other miscellaneous objects are allowed except for those approved by this resolution. BE IT FURTHER RESOLVED, That other ancillary signage on the property is expressly prohibited unless specifically regulated by Section 17:6.09 of the Municipal Code. BE IT FURTHER RESOLVED, Stormwater management plans are required by the Engineering Department and the petitioner must consult the Engineering Director before any new improvements are made to the site. BE IT FURTHER RESOLVED, That the outdoor storage for the office located in the southern building can only be within the extents shown in the plans submitted and the display is limited to store hours with a maximum of 5 small motor vehicles at one time. BE IT FURTHER RESOLVED, That all previous contingencies from prior resolutions that haven’t changed as a result of this resolution still apply. 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 Adopted: May 3, 2005 Denied: Deferred: April 19, 2005 Introduced: April 19, 2005 ATTEST: Sandi Asti, Recording Secretary