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