PCR2014021AMENDED
RESOLUTION #P.C. 021-2014
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM B-3 GENERAL
BUSINESS DISTRICT TO DR-1 DOWNTOWN REVIVAL DISTRICT AND APPROVAL OF A
BUILDING SITE AND OPERATION PLAN FOR JEWELL HOMES LOCATED IN THE SE ¼ OF
SECTION 9 (TAX KEY NO. 2196.952)
WHEREAS, On January 29, 2014 a petition to rezone a property from the B-3 – General Business
District to DR-1 (Downtown Revival District) and Building, Site and Operation Plans for Jewell
Homes were submitted (Tax Key No. 2196.952), 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 DR-1 district requires a minimum lot size of 7,200 sq ft and average lot
width of 60’ per lot, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water,
and
WHEREAS, The proposal is to build a new retail/office structure totaling 4,200+ square, and
WHEREAS, This site is currently City owned and the City recently awarded a Developer’s
Agreement for Mr. Jewell to purchase and develop the property continent on receiving appropriate
rezoning and BSO approvals, and
WHEREAS, This site is governed by the Downtown Design Guide and the General Design Guide,
and
WHEREAS, The Downtown Design Guide requires 50% masonry, four sided architecture,
reducing the amount of asphalt that is viewed from the road for parking areas, colors to be non -
fluorescent, landscaping to complement the building, along with many characteristics that the local
Redevelopment District #2 Plan calls for, and
WHEREAS, The Design Guides call for 50% masonry product and the proposed structure falls
short of this requirement on three of the four facades per below:
Right (East) Façade: 45.2%
Left (West) Façade: 45.5%
Front (North) Façade: 40.4%
Rear (South) Façade: 51.3% , and
WHEREAS, The building materials used consist of dimensional asphalt shingles, smart board trim
& siding, cultured stone and the colors will be earth tones, and
WHEREAS, Many Craftsman style architecture elements in the beams and fake supports under
the soffits add a better image to the building, and
WHEREAS, The one third acre site is vacant and pad-ready for development today, and
WHEREAS, The proposed building is shifted toward the northern property line due to the DR-1
zoning, and
WHEREAS, The proposed building would be accessed by an existing access off of Lannon Drive
that currently is owned and maintained by the Jerome Drugs building owner and the petitioner
intends to establish cross access easements with the Jerome Drugs building owner so that limited
access occurs off of Lannon Drive, and
WHEREAS, In the event cross access cannot be attained an access point directly off of Lannon
Drive to the development would take place that would match the same access point that once
existed with the former BP Gas Station, and
WHEREAS, Vehicular access meets code throughout the site as two-way drive aisles are at least
24 feet in width and the access is actually shown larger (30’) in order to accommodate Fire
Access Lane requirements, and
WHEREAS, Parking is shown as 19 stalls all meeting the city code dimensions of 10’x20’ and
eight of these stalls will be created new and shared with the Jerome Drugs parking lot to the west
under easement, and
WHEREAS, The amount of parking stalls provided meets typical code requirements for a retail
facility of this type as Muskego typically ensures that 1 stall is required per 150 SF of customer
floor area, and
WHEREAS, Since customer floor area isn’t truly known at this time we typically account for that
50% of the proposed building area will be customer floor area (The building has 3,607 SF of
usable tenant space proposed which would amount to 1803.5 SF of customer floor area at 50% of
the area. This amount would require which would require 12 stalls usually, meeting codes), and
WHEREAS, The overall commercial codes for a parking lot usually state that a parking lot cannot
be closer than three feet to an adjoining commercial use property line, but his can be waived by
the Planning Commission in certain events, and
WHEREAS, The site and building plans are subject to Fire Department approvals, and
WHEREAS, A dumpster enclosure is proposed along the northeast portion of the site, 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 north façade side and ample landscaping is also to occur around some less
desirable items on the plan offering good screening, and
WHEREAS, A path is shown to connect to the City’s new path from the Janesville Road
reconstruction and continue to the buildings front entrance, and
WHEREAS, Signage isn’t part of the submittal at this time, and
WHEREAS, Lighting specifics haven’t been submitted, and
WHEREAS, The development will be served by existing public sanitary sewer and water, and
WHEREAS, Stormwater management is not required as the property is less than an acre of
additional impervious surfaces, however, the water runoff will hook up to existing storm facilities in
the area though. The proposal is consistent with the plan.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from B-3 General Business District to DR-1 Downtown
Revival District for the Jewell petitioned property (Tax Key No. 2196.952).
BE IT FURTHER RESOLVED, That the Plan Comm ission approves of the Building, Site and
Operation Plan for Jewell Homes Inc. for the Jewell petitioned property (Tax Key No. 2196.952).
BE IT FURTHER RESOLVED, That the building elevations will have to show 50% masonry
product at the time of building permits on all facades.
BE IT FURTHER RESOLVED, The site plan is still subject to Fire Department approvals at the
time of building permits.
BE IT FURTHER RESOLVED, That the refuse enclosure will have to be constructed of similar
main building materials at the time of building permits.
BE IT FURTHER RESOLVED, That parking lot encroachments are allowed subject to easements
being established between the adjoining lot owners by the time of occupancy of the building.
BE IT FURTHER RESOLVED, That cross access is desired to be attained limiting to the access
off of Lannon Drive but an alternate access site plan approval can be allowed along Lannon Drive
if cross access cannot be attained between owners.
BE IT FURTHER RESOLVED, That easements must be established for the parking lot
encroachments and the parking stall sharing by the time of occupancy.
BE IT FURTHER RESOLVED, That final photometric and lighting details must be approved
before any installation, and all lighting fixtures must be full cut-off with a zero degree tilt 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, A pergola/architectural element or stone wall/hardscape must
be added to tie the patio area into the building with staff approval.
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.
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