PCR2014020RESOLUTION #P.C. 020-2014
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM BP-1 BUSINESS &
OFFICE SUPPORT DISTRICT TO B-3 GENERAL BUSINESS DISTRICT, APPROVAL OF A
TWO LOT CERTIFIED SURVEY MAP, AND APPROVAL OF A BUILDING SITE AND
OPERATION PLAN FOR BURGER KING LOCATED IN THE NE ¼ OF SECTION 3
(MOORLAND ROAD / TAX KEY NO. 2169.999.006)
WHEREAS, On January 24, 2014 a petition to rezone a property from the BP-1 Business & Office
Park District to B-3 – General Business District, a certified survey map for a 2-lot land division and
Building, Site and Operation Plans for Burger King were submitted (Tax Key No. 2169.999.006 /
Moorland Road), and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for commercial land use,
and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on
February 25, 2014, and
WHEREAS, The proposed B-3 district requires a minimum lot size of 20,000 sq ft and average lot
width of 100’ per lot, and
WHEREAS, The two parcels vary in size from 40,000 sq. ft. (0.91 acres) to 8.65 acres, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water,
and
WHEREAS, The proposal is to build a Burger King restaurant totaling 3,165 square feet situated
on a .91 acre site, and
WHEREAS, This site is governed by the General Design Guide, and
WHEREAS, The architecture shown in the various colored renderings provided as part of the
submittal show varying detail of materials and colors used throughout the facades of the structure,
and
WHEREAS, This area of the City is governed by the General Design Guide and the guide calls for
50% masonry product, and
WHEREAS, The proposed structure shows 100% masonry other than the various metal wall
panel areas shown around the windows and entrances.
WHEREAS, The building materials used consist of the following below and the colors can be
found on the various colored renderings provided:
Exterior Brick
Exterior Brick Ceramic Tile
Stucco
Various Metal copings
Metal Canopies
Corrugated metal panels
WHEREAS, The materials proposed for the building mesh well with the proposed landscape plan
however more architectural details may be desired on some façade areas, and
WHEREAS, The architecture includes a red light band along the top rim of the building that is
common on new Burger King installations, and
WHEREAS, The building sits low compared to passersby on Moorland Road which may result in
seeing the back of the parapet walls on the roofline, and
WHEREAS, The one acre site is vacant and pad-ready for development today as the property
was developed via the Commerce Center East development in the past, and
WHEREAS, The building is surrounded by parking with ample access to a drive thru lane and the
building is surrounded by easily accessible walkways and a pleasing outdoor patio/green area for
patrons, and
WHEREAS, Vehicular access meets code throughout the site as two-way drive aisles are at least
24 feet in width and one-way aisles are at least 12 feet in width, and
WHEREAS, Vehicular access to the site is shown to occur in one access point off of Commerce
Center Drive which is aligned with the Wal-Mart entrance to the east, and
WHEREAS, An internal drive will connect to future development to the north as well and this is
secured via a cross access easement on the CSM, and
WHEREAS, Parking is shown as 32 stalls all meeting the city code dimensions of 10’x20’ and
9.5’x18’ (diagonal), and
WHEREAS, The amount of parking stalls provided meets typical code requirements for a
restaurant facility of this type as Muskego typically ensures that 2 stalls are required per 100 SF of
customer floor area, and
WHEREAS, The building has 1,126 SF of customer floor area (Dining area: 841.56 S, Queue
area: 168.41 S, Corridor: 41.12 SF, Vestibule: 74.81 SF), which would require 23 stalls usually,
and
WHEREAS, The site and building plans are subject to Fire Department approvals, and
WHEREAS, A dumpster enclosure is proposed along the northwest portion of the site and the
enclosure will be constructed of similar materials to the overall structure, and
WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending,
and
WHEREAS, A wealth of landscaping is proposed and a nice outdoor seating area and green area
is proposed on the east façade side and ample landscaping is also to occur around some less
desirable items on the plan offering very good screening from all directions, and
WHEREAS, Signage is part of the submittal and is shown to be a monument sign along
Commerce Center Drive, wall signage on all facades, and various site identification signage
(directional and drive thru signage) and all signage proposed appears to meet code requirements
but will be subject to future staff approvals at building permit time, and
WHEREAS, A photometric plan has been submitted and shows appropriate lighting levels per
code on the site, and
WHEREAS, Site lighting is proposed as approximately eleven (11) polelights and various
structure wall pack and sign lights and the pole lights proposed will match the Wal-Mart complex
planned development in design, and
WHEREAS, The development will be served by existing public sanitary sewer and water, and
WHEREAS, All stormwater arrangements have been accommodated for when the Commerce
Center East development was constructed.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from BP-1 Business & Office Support District to B-3
General Business District for the Muskego Commerce Center East LLC property (Tax Key No.
2169.999.006 / Moorland Road).
BE IT FURTHER RESOLVED, That the Plan Commission approves of a Certified Survey Map
submitted by Muskego Commerce Center East LLC for a two (2) lot land division located in the
NE ¼ of Section 3 (Tax Key No. 2169.999.006 / Moorland Road), subject to resolution of technical
discrepancies as identified by the City Engineers, and payment of all applicable fees in Section
18.14(3) of the Land Division Ordinance and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan for Burger King for the property located in the NE ¼ of Section 3 (Moorland Road /
Tax Key No. 2169.999.006).
BE IT FURTHER RESOLVED, That due to the building sitting low compared to passersby on
Moorland Road the parapet walls extending above the main roofline must have the same material
that we see on the front facades continued on the back portions of the walls as well and this
should be formally shown on the building permit submitted plans.
BE IT FURTHER RESOLVED, The site plan is still subject to Fire Department approvals at the
time of building permits.
BE IT FURTHER RESOLVED, All lighting fixtures must be full cut-off with a zero degree tilt (Some
wall pack lights are showing not at zero degrees) and the concrete bases for the pole lights
cannot exceed 6 inches in height above grade.
BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City
Forester prior to the issuance of building permits.
BE IT FURTHER RESOLVED, That all pole bollards are no more than 6” in height above grade.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the
design of the site/structure (screening, etc.) and should be approved by the Community
Development Department. Roof top mechanicals must be screened with the same main
architectural materials found on the main building.
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: March 4, 2014
Defeated:
Deferred:
Introduced: March 4, 2014
ATTEST: Kellie McMullen, Recording Secretary