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PCR2015015 RESOLUTION #P.C. 015-2015 APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AMENDMENT FOR A PARKING LOT FOR JOHN JEWELL LOCATED IN THE NE ¼ OF SECTION 9 (JANESVILLE ROAD / TAX KEY NO. 2193.070) WHEREAS, Plans were submitted in March 2015 by John Jewell to locate a parking lot on the property located on the NW corner of Janesville Road and Lannon Drive (Tax Key No. 2193.070), and WHEREAS, Said property is currently zoned DR-1, Downtown Revival District, and the use is permitted subject to Plan Commission approval, and WHEREAS, The former Shell Gas Station lot has been vacant as a result of the Janesville Road reconstruction project, and WHEREAS, Waukesha County required that the structures be removed on the property to make way for the reconstruction, however, the private owner has retained the vacant leftover remnant, and WHEREAS, The portions of the property covered in asphalt are required due to a Wisconsin Department of Natural Resources cap order since the parcel is largely contaminated, and WHEREAS, The petitioner received temporary parking lot approval as per PC Resolution #004- 2015 and said resolution stated that permanent parking lot approval was required by Planning Commission before August 31, 2015, and WHEREAS, The petitioner is having parking issues at his new site across the street and sees an opportunity to remediate/beautify the former Shell site while providing more parking options for his tenants and patrons, and WHEREAS, The proposed permanent plan looks to resurface the entire lot, add additional asphalt areas, landscaping, and ultimately allow 19 parking stalls meeting City of Muskego ordinances, and WHEREAS, The new parking lot would be shared with the business to the north via an access agreement, and WHEREAS, The proposed improvements are only for the parcel that is under control by the petitioner and the right-of-way areas would need to be remediated/beautified by the City of Muskego, and WHEREAS, The Council approved up to $20,000 to aid in right-of-way beautification improvements and Muskego will embark on these improvements once Waukesha County allows (currently the County has a court case to get thru first). THEREFORE BE IT RESOLVED, That the Plan Commission approves of a building, site and operation plan amendment for a permanent parking lot submitted by John Jewell for the property located at on the NW corner of Janesville Road and Lannon Drive (Tax Key No. 2193.070). BE IT FURTHER RESOLVED, That the permanent parking lot improvements should be complete by August 31, 2015 or new Plan Commission approvals may be required. Page 2 BE IT FURTHER RESOLVED, That the petitioner shall deliver copies of the cross access easements and agreements, before starting the improvements, between the petitioner and Tres Locos to show that the access is in perpetuity. BE IT FURTHER RESOLVED, That a formal landscape plan be approved by the Community Development Department before any installation. BE IT FURTHER RESOLVED, That the Planning Commission approves of a sign location for Tres Locos in the southeast corner of the property and sign regulations for size can utilize the Tres Locos frontage along with the petitioner’s frontage as well. Said sign would have to cease upon the petitioner’s lot being developed or access agreements ceasing. BE IT FURTHER RESOLVED, That the city right-of-way improvements should receive Plan Commission approval before beginning in the future. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects 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: April 7, 2015 Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary