PCR2012037
AMENDED
RESOLUTION #P.C. 037-2012
RECOMMENDATION TO COUNCIL TO REZONE THE HEWITT PROPERTY FROM THE RL-3
LAKESHORE RESIDENCE DISTRICT TO DR-1 DOWNTOWN REVIVAL DISTRICT LOCATED IN THE
SW ¼ OF SECTION 9 (TAX KEY NO. 2195.999 / JANESVILLE ROAD)
WHEREAS, On May 30, 2012 a petition for a rezoning was submitted by Daniel Hewitt to rezone a
property from the RL-3 Lakeshore Residence District to DR-1 Downtown Revival District, and
WHEREAS, The rezoning is the current location of the existing DJ’s Pub & Grill, and
WHEREAS, The reason for the request is so they can allow a new restaurant to be rebuilt along with
possible future residential units, and
WHEREAS, A conceptual site plan was submitted on July 2, 2012 that depicts intentions to build an
approximate 3,600 square foot restaurant up towards Janesville Road with surrounding parking and
landscaping amenities, and
WHEREAS, The conceptual site plan has intentions to provide up to eight (8) residential units on the
property in the future that would be contained in new structures to the rear of the property (northern end)
and/or within a second story on the restaurant structure, and
WHEREAS, Currently three main structures exist on the property (two dingle family residences and the
one pub/restaurant building that has one residential unit on the second story), and
WHEREAS, The current pub building is being taken by Waukesha County for the Janesville Road
reconstruction project along with the front residential structure, and
WHEREAS, A total of three residential units are found on the property (two separate residences and one
unit above the pub), and
WHEREAS, The existing RL-3 zoning district allows one residential dwelling per 15,000 square feet, and
WHEREAS, The DR-1 zoning district allows one residential dwelling unit per 5,000 square feet, and
WHEREAS, The property is approximately 1.5 acres in size with no Little Muskego Lake frontage, and
WHEREAS, The RL-3 zoning district might allow 4+ units of residential and the DR-1 zoning district might
allow upwards of 13 residential units on the 1.5 acre, and
WHEREAS, The rezoning request does include a 2020 Comprehensive Plan Amendment to Commercial
uses, and
WHEREAS, The proposed zoning district is already found on some adjacent properties in this area, and
WHEREAS, A Public Hearing for the rezoning is before the Common Council on June 26, 2012.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the
Common Council for the rezoning from the RL-3 Lakeshore Residence District to DR-1 Downtown Revival
District, along with the proposed 2020 Comp Plan Amendment for property located in the NE, SE, & SW
¼ of Section 21 (Tax Key No. 2195.999).
BE IT FURTHER RESOLVED That the Council Ordinance #1361 be amended in Section 4 to state
the following in order to assure that the rezoning allows a residential density similar to what exists
today and to assure that the rezoning is dependent on a future BSO meeting the conceptual layout
submitted by the petitioner:
SECTION 4: This ordinance is in full force and effect from and after passage and publication and
conditioned on the Plan Commission approval of a Building, Site, and Operation Plan (BSO). The
BSO approval shall follow the general conceptual layout submitted as part of this rezoning which
shall include a bar/restaurant built close to Janesville Road and no more than four (4) residential
units on the property.
Plan Commission
City of Muskego
Adopted: July 9, 2012
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary