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PCR2009039 TWICE AMENDED RESOLUTION #P.C. 039-2009 APPROVAL OF A BUILDING SITE AND OPERATION PLAN, CONDITIONAL USE GRANT, AND RECOMMEDNATION TO COUNCIL FOR A REZONING FROM B-4 to DR-1 FOR AN AUTOMOBILE SERVICE FACILITY KNOWN AS FIRESTONE AUTO LOCATED IN THE NW ¼ OF SECTION 10 (JANESVILLE ROAD / TAX KEY NOs. 2198.991.002 & 2198.992) WHEREAS, Plans were submitted by Keith Hammitt on May 7, 2009 for a Building, Site and Operation Plan, Conditional Use Grant, and Rezoning for Firestone Auto at the properties located in the NW ¼ of Section 10, and WHEREAS, The petitioner is proposing to build a 8,600 square foot auto repair facility on two parcels along Janesville Road, and WHEREAS, One parcel is to be purchased privately by the developer and the other parcel is owned by the City’s Community Development Authority (CDA), and WHEREAS, The CDA approved the sale of the property, miscellaneous TIF incentives, and the th Building, Site, and Operation Plan for this proposal at their May 19, 2009 meeting, subject to the petitioner receiving the other necessary approvals from the City’s Common Council and Planning Commission, and WHEREAS, Said property is currently zoned B-4 Highway Business District and a petition for rezoning was submitted as part of this proposal requesting that the zoning designation change from B-4 Highway Business District to DR-1 Downtown Revival District in order to allow the placement of the principal structure up to 10-feet from the front property line instead of 40 feet, and WHEREAS, Both the B-4 Highway Business District and DR-1 Downtown Revival District allows said use as permitted by Conditional Use Grant, and a public hearing has been scheduled before the Plan Commission on June 2, 2009, and WHEREAS, The rezoning petition is strictly for the change in front setback as both zoning districts allow the use already by right subject to a conditional use grant, and WHEREAS, A public hearing is scheduled before the Common Council for the rezoning on June 2, 2009, and WHEREAS, The 2020 Comprehensive Plan depicts the property for commercial uses and no amendments are required, and WHEREAS, The proposal conforms to the bulk requirements of the zoning district, and WHEREAS, Said parcel will be serviced by municipal sanitary sewer and municipal water, and WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s General Design Guide and Downtown Design Guide, and WHEREAS, The petitioner requests approval for a 8,653 square foot building on the property (1,921 sq. ft. of showroom and 6,732 sq. ft. of repair and warehouse area), and said structure appears to meet the requirements of the zoning ordinance in accords to the setbacks, offsets, open space, and floor area ratios of the site, and WHEREAS, At this time the building is only going to be for this single tenant, and WHEREAS, A future accessory storage structure is shown on the site plan to the northeast, however is not proposed to be built at this time, and WHEREAS, The height of the structure is limited to 35 feet by the current zoning and the structure meets this requirement, and WHEREAS, The structure is to be built with four-sided architecture in mind and is complete with masonry materials throughout, and WHEREAS, The materials include various colors of Heritage concrete brick, pre-finished gravel stop for a cornice, canvass canopies, and anodized framing around spandrel and tinted glazing windows, and WHEREAS, The structure has varying heights, the facades have altering façade protrusions, and multiple bands of the heritage brick are used with altering colors, and WHEREAS, The building is situated to have the front entryway/display area be the focal point of the building along Janesville Road with the structure being within 10 feet from the front right-of- way to make the building standout as a focal point, and WHEREAS, The overhead doors to the rear are all to be painted a color similar to the structure (earth tone) and they will have a couple rows of windows, and WHEREAS, Curbing is currently shown on the site around the front all the way to the back portions of the site and curbing has been omitted on the back portion of the parking lot for snow storage and aid in stormwater runoff, which is appropriate, and WHEREAS, Cross access is depicted to occur with the Mobil property to the west upon initial development and cross access to the east is shown that it can be established once future redevelopments might occur this way, and WHEREAS, Sixteen (16) parking stalls are shown for the building with approximately 8 stalls directly adjacent to the front entry way for customer use and another 8 stalls are on the east side of the structure for more employee and customer use, and WHEREAS, All parking stalls are shown to meet the 10 foot by 20 foot size requirement, and WHEREAS, All driving lanes are illustrated currently at 24 feet in width or larger, and WHEREAS, No signage is proposed at this time other than what is shown for wall signage and all signage will require formal approval from the Community Development Department by the time of building permits, and WHEREAS, Lighting is proposed in the form of various pole and wall lighting that match a theme similar to the lighting found across the street at the Library, and WHEREAS, A photometric plan is provided showing that the lighting meets the City’s 0.5 foot- candle requirements, and WHEREAS, A landscape plan has been submitted and the City Forester is reviewing the plan and will forward any corrections, additions, and/or comments to the petitioner, and WHEREAS, A great deal of landscaping has been proposed and appears to fit well with the development, and WHEREAS, The development plan is currently being reviewed by the City Engineer for any stormwater and drainage concerns and at this time, the location and size of the proposed pond is appropriate and further approvals will be necessary at the time of building permits, and WHEREAS, A dumpster enclosure is shown to be constructed to the north of the building and the enclosure is to be constructed with similar materials as the principal structure. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan, Conditional Use Grant and Recommendation to Council for a rezoning from B-4 to DR-1 for Firestone Auto at the property located in the NW ¼ of Section 10. BE IT FURTHER RESOLVED, That overhead doors and warehouse storage doors must be closed at all times other than vehicle ingress and egress whenever possible in order to minimize any noise issues that might result from the operations of the site. BE IT FURTHER RESOLVED, That the future accessory structure will need Plan Commission approvals when it is proposed to be built. BE IT FURTHER RESOLVED, That pole lights must have bases that don’t exceed 6 inches in height. BE IT FURTHER RESOLVED, That cross-access easements must be established and recorded prior to the issuance of building permits. BE IT FURTHER RESOLVED, That the landscape plan with the additional northwest corner plantings, stamped June 25, 2009, is the approved plan with this resolution. BE IT FURTHER RESOLVED, That City Forester approval of the landscape plan must be accomplished prior to the issuance of building permits. BE IT FURTHER RESOLVED, No outdoor storage of dumpsters, pallets, supplies, materials, commercial vehicles, equipment, and racking of any type will be allowed on this property. BE IT FURTHER RESOLVED, That all bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, Any handicap signs must be incorporated into bored bollards. BE IT FURTHER RESOLVED, That any changes to the operations of the business or any changes to the exterior of the building/site will require Community Development Department and/or Plan Commission approvals. BE IT FURTHER RESOLVED, Signage is not proposed at this time, but future signage (temporary or permanent) must 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: July 7, 2009 Defeated: Deferred: June 2, 2009 Introduced: June 2, 2009 ATTEST: Kellie McMullen, Recording Secretary