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PCR2005058RESOLUTION #P.C.058-2005 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR THE MARATHON GAS STATION IN THE SE ¼ OF SECTION 9 (TAX KEY NO. 2193.070 / JANESVILLE ROAD) WHEREAS, On March 17, 2005 plans were submitted by Frank Richardson for an amendment to a Building, Site and Operation Plan for the Marathon Gas Station property located in the SE ¼ of Section 9 (Tax Key No. 2193.070 / Janesville Road), and WHEREAS, Said property is zoned B-4/OED Highway Business with an Existing Development Overlay District, and use as a service station is a permitted use by conditional use grant and a conditional use grant does exist for the property, and WHEREAS, The site currently consists of one principal structure and an overhang with two pumps beneath it, and WHEREAS, The site currently has dilapidated asphalt, no enclosure for refuse, no definable landscaping, and no markings for parking, and WHEREAS, The Petitioner proposes to alter the current site by refacing the current structure and overhang, add an additional gas pump, add a definable site layout with parking, add a refuse enclosure, and remove and resurface the driving area, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The Petitioner proposes to have outdoor display areas included between gas pumps, and WHEREAS, Building materials and colors used on the newly updated principal structure will include grey hardi-plank siding and fascia, insulated glass windows with aluminum framing, and new coping, and WHEREAS, The newly refaced building will add additional windows while also changing the locations of the door and windows, and WHEREAS, The building does not meet the 50% masonry requirement for a commercial structure in the City’s General Design Guide, however the building is existing and will be extensively updated, and WHEREAS, Parking is illustrated as 6 parking stalls for public use and the public stalls appear to be under the 10’x20’ requirement, and WHEREAS, 1 space of parking is needed for every 200 square feet of customer floor space and the parking depicted allows for this, and WHEREAS, No additional lighting is shown on the new plans and any new lighting would need Plan Commission approval, and WHEREAS, A trash enclosure is shown to be made out of cedar board on board fencing, and WHEREAS, A monument sign and planter currently exists and no new signage is proposed at this time, and WHEREAS, A landscape plan is depicted within the submittal and some updates are needed as per the City Forester, and WHEREAS, Access is provided to the site with one entrance off of Janesville Road, one access off of Center Street, and cross-access to the existing commercial property and the current access is sufficient for the site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for the Marathon Gas Station located in the SE ¼ of Section 9 (Tax Key No. 2193.070 / Janesville Road). BE IT FURTHER RESOLVED, That outdoor sales shall be expressly prohibited on the property; including, but not limited to, vending machines, LP, and palettes of various products (water softener salt, soda, etc.). 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, That all proper permits must be attained from Waukesha County and the WDNR for the addition of a gasoline pump and work being done in the Janesville Road right-of-way and copies of those permits should be delivered to the Building and Engineering Department when completed for the property file. BE IT FURTHER RESOLVED, That the landscape plan shall be enhanced according to the comments from the City Forester and submitted for approvals prior to the release of building permits. 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. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 19, 2005 ATTEST: Sandi Asti, Recording Secretary