Oak Creek council approves conditional use permit for Buc-ee’s travel center despite neighborhood opposition

The Oak Creek Common Council on May 20 approved a conditional use permit and related reconfiguration of parcels to allow a Buc-ee’s travel center and fueling plaza at properties along South 20th Street near Elm Road.

Council action came after more than two hours of public comment and a lengthy staff presentation that framed the proposal as a highway-oriented “tourist destination” in the B6 Interchange Regional Retail District. The applicant proposes a roughly 73,000-square-foot convenience and retail building with two canopy-covered fueling areas and, conceptually, about 120 fueling positions; the applicant estimated about 10,000 vehicles per day originating from the interstate, or roughly 70,500 vehicles per week.

Supporters and the applicant said the project must still meet state and federal requirements. Opponents, including a neighborhood group that has filed a court action, urged the council to pause and wait for WisDOT traffic decisions and additional studies before approving land-use actions.

Why it matters: The council’s approvals clear local zoning and lot-configuration hurdles for a large travel center that city staff and the applicant say will rely on state highway improvements and WisDOT sign-off for final access. Opponents say the development could stress local roads, generate emissions and runoff, and was advanced without adequate study or neighborhood outreach.

What the council approved: The council adopted a resolution granting a conditional use permit (CUP) that includes conditions and restrictions tied to the city’s fueling-plaza standards and to future plan-commission review of site plan, landscaping, lighting and architecture. The council also approved a certified survey map (CSM) to combine and reconfigure the three parcels to create a building lot and a separate outlot for stormwater detention.

Key details and staff review: Community development staff told the council that the Planning Commission recommended approval on April 22 and summarized the code requirements that a fueling plaza must meet (Article 4 of the municipal zoning code and the B6 district provisions). Christie Lane, community development director, said the CUP application requests 24/7 operation and includes proposed signage that exceeds standard allowances; conditions in the resolution limit signage to specified sizes and vest authority for detailed site-plan review to the planning commission.

City engineering and traffic: Matt Sullivan, assistant city administrator and city engineer, told the council that Elm Road is a state-classified minor arterial and that the roadway’s existing average daily traffic (ADT) is about 3,190 vehicles — well under the rough 15,000-vehicle daily capacity typical for similar two-lane minor arterials. Sullivan said peak-hour counts on the study dates were about 178 vehicles per hour per lane and that all traffic and access improvements for the project fall under Wisconsin Department of Transportation (WisDOT) jurisdiction: “All traffic, improvements and site improvements must be met and approved by the DOT in order for this project to move forward,” he said.

Applicant response and technical safeguards: Stan Beard, director of real estate and development for Buc-ee’s, said the company’s engineering and traffic studies are iterative and done in coordination with WisDOT. On fuel-safety measures, Beard said underground tanks and piping for Buc-ee’s locations are double-wall fiberglass with interstitial monitoring: “They’re double wall fiberglass tanks are required,” Beard said, and “they’re continuously monitored for any leak from the interior wall.” He also described multiple layers of pretreatment and oil/water separators for site runoff.

Opposition and legal challenge: Attorney Joe Sincata, representing Oak Creek Neighbors United, told the council his group has filed a court action in Milwaukee County challenging prior rezonings and a comprehensive-plan amendment tied to the site. Sincata said the association asked the council to stay further approvals pending the court process and argued the prior approvals amounted to improper spot zoning: “The approval of the rezoning and the comp plan was illegal spot zoning,” he told the council. Numerous residents described concerns about traffic, light and noise, property values and groundwater. Several asked the council to wait for the final WisDOT traffic-impact analysis before voting.

Council and conditions: Council members emphasized that final transportation improvements are subject to WisDOT review and that any required road or access work would be imposed on the developer as part of subsequent approvals. Council members also noted that state and federal regulators (the Wisconsin DNR and EPA) will review gasoline dispensing facility design, fuel storage and emissions controls.

Votes and outcomes: The council approved the resolution granting the CUP (motion carried; roll call recorded in the meeting minutes) and separately approved the certified survey map to combine and reconfigure the three parcels for the project. The council and staff repeatedly noted that physical site construction, final access points and required off-site improvements cannot proceed without WisDOT approvals and other agency sign-offs.

What’s next: With the local CUP and lot reconfiguration approved, the project will advance to detailed plan review and to state permitting. Staff and the applicant said the project remains contingent on WisDOT’s traffic review and any improvements the department requires.

Local context: Several speakers said the proposal represents a departure from prior planning decisions on similar sites and urged a pause; others — including one council member — said the city already has mechanisms to require any DOT-identified mitigation before construction can proceed.

Ending: The approvals clear local zoning and lot-configuration steps, but both the developer and nearby residents said final traffic, drainage and regulatory conditions to allow construction will depend on state reviews and future plan-commission scrutiny.