PCR2005082AMENDED
RESOLUTION #P.C.082-2005
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN, AN
AMENDED CONDITIONAL USE GRANT, AND A REZONING FOR AUTOMOBILE
SALES AND SERVICE FOR FREY AUTOMOTIVE AT THE PROPERTY LOCATED IN
THE NE ¼ & SE ¼ OF SECTION 34
(S107 W16311 LOOMIS ROAD / TAX KEY NO. 2296.996 & 2293.996.002)
WHEREAS, On July 1, 2005, September 19, 2005, and October 25, 2005 plans were
submitted by Jacob J. Frey for an amended Building, Site and Operation Plan, an
amended conditional use grant, and a rezoning for the sales and service of vehicles
located in the NE ¼ & SE ¼ of Section 34 (Tax Key No. 2296.996 & 2293.996.002 /
S107 W16311 Loomis Road), and
WHEREAS, The property known as Tax Key No. 2296.996 is zoned B-4, Highway
Business, and is subject to a conditional use grant allowing the operation of auto sales
and service, and
WHEREAS, The property known as Tax Key No. 2293.996.002 is currently zoned A,
Agricultural, and is requesting to be rezoned to B-4, Highway Business, as part of this
resolution, and
WHEREAS, The property known as Tax Key No. 2293.996.002 was recently
rezoned to B-4, Highway Business, and is subject to a conditional use grant
allowing the operation of auto sales and service, and
WHEREAS, The Planning Commission made a motion to approve the rezoning
during the discussion of this Resolution at the July 19, 2005 Plan Commission
meeting, and
WHEREAS, The purpose of the rezoning request is was to allow the placement of rental
vehicles on the property and to allow for the possible future placement of a new
automobile dealership, and
WHEREAS, The petitioner is requesting permission to sell a total of eighty-two forty-
four (8244) vehicles from the above mentioned property, and
WHEREAS, The petitioner is requesting permission to have fourteen (14) customer
parking stalls, and
WHEREAS, The petitioner is requesting permission to have seven (7) employee parking
stalls,
WHEREAS, The petitioner is requesting the permission to have forty-two (42)
parking stalls within an existing fenced area for cars that are waiting for
inspections, and
WHEREAS, The petitioner is requesting permission to have eighteen (18) loaner
vehicles parked on gravel across the street on the north side of Muskego Dam Drive,
and
WHEREAS, The petitioner is requesting that all stalls be 9’x 18’ in size, and
WHEREAS, The light poles and trees that are existing and proposed along Loomis Road
might be are within the right-of-way, and
WHEREAS, The Public Hearing for the rezoning was held on July 12, 2005, and
WHEREAS, The Public Hearing for this Conditional Use Grant amendment has yet to be
scheduled, and
WHEREAS, The Public Hearing for the Conditional Use Grant was held on August
16, 2005, and
WHEREAS, There were no negative comments from the Public Hearing, and
WHEREAS, There has been a basic location identified for the placement of five (5)
trees, but a formal landscape plan has not been submitted at this time, and
WHEREAS, No new landscaping is proposed at this time, but a formal landscape
plan needs to be submitted and approved by the City Forester before any site
work is started, and
WHEREAS, The petitioner is proposing the addition of eight (8) light poles with two (2)
fixtures on each pole, and
WHEREAS, Five (5) of the new fixtures will be high pressure sodium and eleven (11) of
the new fixtures will be metal halite, and
WHEREAS, Automobile dealerships in the past have been allowed metal halite fixtures
as long as the lights are turned off when the dealership is closed.
WHEREAS, The height of the light poles will be fifteen (15) feet, and
WHEREAS, No lighting changes are proposed at this time, and
WHEREAS, A survey of the existing and proposed site is enclosed in the submittal
and some items may require additional approvals due to being located in the
right-of-way, and
WHEREAS, The petitioner is proposing to park a truck with signs on it near Hwy 36 for
advertisement, and
WHEREAS, The Zoning Code specifically states that any signs on vehicles are strictly
prohibited and if permanent signage is desired, the plan department can give direction
on what type of signage can be allowed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the amended
Building, Site and Operation Plan, an amended Conditional Use Grant, and a rezoning
for Jacob J. Frey for the sales and service of vehicles located in the NE ¼ & SE ¼ of
Section 34 (Tax Key No. 2296.996 & 2293.996.002 / S107 W16311 Loomis Road)
BE IT FURTHER RESOLVED, That the metal halite fixtures must be turned off at the
close of business each day.
BE IT FURTHER RESOLVED, That the fourteen (14) new parking stalls for customers
must be 10’ x 20’ in size and shown on a revised site plan.
BE IT FURTHER RESOLVED, That all other proposed stalls are allowed to be 9’ x 18’ in
size since they will not be used by the public and/or are existing.
BE IT FURTHER RESOLVED, That the customer parking stalls located near the
intersection of Loomis Road and Muskego Dam Drive (near the gas pumps) may need to
be adjusted or relocated since they may be within the public right-of-way.
BE IT FURTHER RESOLVED, That the stalls and access aisle for the loaner cars on the
north side of Muskego Dam Drive must be out of the public right-of-way and in
accordance with the General Design Guides, be asphalted and have striped stallsunless
the Public Works Committee allows the larger access path in the right-of-way.
BE IT FURTHER RESOLVED, That the gravel temporary lot for the loaner cars may
exist as a temporary use as long as it is specifically for these cars and no trucks
may be stored here. Further, the temporary parking lot may be either:
1. Revoked by the Planning Commission if a principal use is not associated
with the parcel by the 2007 annual review and the lot will then have to be
recovered with soil and seeded, OR
2. Need to be paved as a directive of the Planning Commission if a principal
use is not associated with the parcel by the 2007 annual review.
BE IT FURTHER RESOLVED, That the temporary lot may be covered with gravel
due to it’s temporary nature, however the lot will have to be recovered with soil
and seeded if a principal use is not associated with the parcel by the 2007 annual
review.
BE IT FURTHER RESOLVED, That the parking lot for the loaner cars (located on the
parcel known as Tax Key No. 2293.996.002) will be for an accessory use strictly for
loaner vehicles only and that any new use for the property must be approved by the
City’s Planning Commission.
BE IT FURTHER RESOLVED, All disturbed areas on the site are required to be seeded.
BE IT FURTHER RESOLVED, A formal landscape plan needs to be approved by the
City Forester prior to any work being started on the site.
BE IT FURTHER RESOLVED, That all parking stalls shall be striped.
BE IT FURTHER RESOLVED, That if the light pole and trees along Loomis Road are
found to be located within the right-of-way, Public Works Committee approval may be
needed to allow their placement within the right-of-way.
BE IT FURTHER RESOLVED, That the Public Works Committee will need to review
the placement of the existing light poles, the existing parking lot, and the
proposed loaner car area since these areas/items are located within the public
right-of-way, and revocable occupancy permit may have to be issued.
BE IT FURTHER RESOLVED, That no unenclosed outside storage will be allowed.
BE IT FURTHER RESOLVED, That signage and banners displayed on vehicles for sale
is prohibited, except for a price sign hanging from the rear view mirror and for vehicle
disclosure information to be visible as required by State Law.
BE IT FURTHER RESOLVED, That an annual review shall be conducted in the month of
March every year to assure the guidelines set forth are being followed and the fees for
the annual review can be incorporated to other annual reviews if the property owner
owns more than one property subject to an annual review.
BE IT FURTHER RESOLVED, That the Director of Engineering must review the site for
any stormwater concerns before any work is started on the site.
BE IT FURTHER RESOLVED, Grading plans will need to be approved by the
Engineering Department for the site before any site grading is started.
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 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: November 1, 2005
Denied:
Deferred: July 19, 2005; August 2, 2005; August 16, 2005; September 6, 2005;
September 20, 2005; October 4, 2005; October 18, 2005
Introduced: July 19, 2005
ATTEST: Sandi Asti, Recording Secretary