PCR2012053AMENDED
RESOLUTION #P.C. 053-2012
APPROVAL OF A BUILDING SITE AND OPERATION PLAN
FOR DJ’S PUB AND GRILL LOCATED IN THE SW ¼ OF SECTION 9
(S76 W18040 JANESVILLE ROAD / TAX KEY NOS. 2195.999)
WHEREAS, On October 24, 2012 plans were submitted by Kozitecture and Burback Builders for a
Building, Site and Operation Plan for a new restaurant and 4-unit multi-family residential structure
located in the SW ¼ of Section 9 (Former DJs Pub & Grill / S76 W18040 Janesville Road / Tax Key Nos.
2195.999), and
WHEREAS, Said property is currently zoned RL-3 Lakeshore Residential but Council Ord. #1361 was
passed allowing the DR-1 Downtown Revival Zoning District to be allowed upon the Plan Commission
approval of this BSO and said use is a permitted use within this DR-1 zoning district, and
WHEREAS, The 2020 Comprehensive Plan shows this property as residential uses, but Council Ord.
#1361 was passed allowing commercial uses to be present upon the Plan Commission approval of this
BSO and the proposal is consistent with the plan, and
WHEREAS, The property is within the boundaries of the Redevelopment District #2 Plan and the
proposal is consistent with the plan, and
WHEREAS, The petitioner requests approvals to construct a new 3,500 square foot restaurant and a
3,803 square foot 4-family building along Janesville Road just north of the Pioneer Drive intersection
situated on a 1.44 acre site, and
WHEREAS, This site is governed by the General Design Guide, and
WHEREAS, The current site consists of two residential structures and one restaurant structure all
situated up toward the south end of the property along Janesville Road and all structures are to be torn
down to make way for what is shown on the submitted site plans, and
WHEREAS, Per Council Ord #1361, the commercial uses on the property are shown to only be on the
front 360 feet of the property and only up to four units of residential are shown to be in the residential
structure and the submitted proposal meets these requirements, and
WHEREAS, Vehicular access around the site plan meets code as two-way drive aisles are at least 24
feet in width and at least 18 feet in width where one-way driving access is to occur, and
WHEREAS, Parking codes state that all commercial vehicular access ways and parking stalls should be
at least 10 feet from an adjoining residential use and the site plan shows the commercial parking lot to
be 10 feet from the west property line and 12 feet from the east property line, and
WHEREAS, Parking for the restaurant structure is shown as 46 stalls all meeting the city code
dimensions for angled parking dimensions (9.5’x18’), and
WHEREAS, The amount of parking stalls required per code in a restaurant use is 1 parking stall per 100
square feet of customer floor area (CFA) in the proposed structure and calculations show that there is
approximately 2,090 square feet of CFA on the first floor and a meeting room of 800 SF in the basement
of the structure (2,890 SF total) requiring 58 parking stalls, and
WHEREAS, The Planning Commission will review the amount of parking stalls required for this use as
the Planning Commission is allowed to waive the parking code requirement up or down depending on
different situations, and
WHEREAS, Parking for the 4-unit residential structure is shown as two garage enclosed spaces per
residential unit along with ample space for a couple cars to park in front of each garage and this meets
code requirements, and
WHEREAS, The code states that a planting screen, landscaped fence, or wall at least 4 feet in height is
required subject to Planning Commission approvals for any off street commercial parking area next to an
abutting residential use, and
WHEREAS, The submittal includes details showing that a new 6-foot high board on board cedar fencing
is to be installed along the east and west property lines to totally screen the parking lot operations from
the abutting properties, and
WHEREAS, The restaurant proposed looks to be a one-story structure with a basement, is to be built
right up along Janesville Road, within 10 feet from the front property line, which is allowed and
encouraged in the DR-1 zoning district, and
WHEREAS, The building materials for the restaurant consist mainly of an ashlar pattern stone veneer,
stucco finishes, architectural concrete brick, aluminum framed doors/windows, and dimensional shingles
for the roof, and
WHEREAS, The building is to be presented along the frontage of Janesville Road and will have end
cap vestibules on the corners of the building to pronounce the restaurant and an outdoor seating deck
along Janesville Road will have an ornamental fencing system around it, and
WHEREAS, The General Design Guide calls for 50% masonry product and the proposed structures
meet this main requirement, and
WHEREAS, The restaurant structure proposed is comprised of 62.6% masonry architecture in total with
the following percentages on each side: front (south)-78.3%, rear (north)-44%, side 1(east)-75.9%, &
side 2(west)-52%, and
WHEREAS, The building keeps with the new zoning of the DR-1 Downtown Revival District, as the
building seeks to embrace the design standards promoted by the City of Muskego by: placing the
building closer to the street; creating a pedestrian scale; traditional materials; variable roof lines with a
sense of identity, and
WHEREAS, The proposed 3,803 SF 4-family structure is situated at the far rear of the property
approximately 50 feet off the rear lot line of the property, 5 feet off the west property line, and 10 feet off
the east property line, and
WHEREAS, The height of the structure, as measured by code, is 21.5 feet and 27 feet to the highest
peak roofline and the structure meets the offsets in the DR-1 zoning district which governs this area, and
WHEREAS, The structure is to be stacked with two units on the bottom floor and two units on the
second floor where each unit is to have two bedrooms and the upper units will have decks, and
WHEREAS, The building materials for the proposed 4-family structure consist mainly of brick veneer,
hardi-plank siding/trim, asphalt dimensional shingles, ornamental garage doors (with windows),
ornamental doors, and box trimmed windows, and
WHEREAS, The residential structure is to be of all earth tone colors, and
WHEREAS, Staff calculated the residential structure proposed with approximately 57.3% in total
masonry product used along with the following percentages on each side were found: front (south) -
50%, rear (lake north) - 64%, side 1(east) - 57.6%, & side 2(west) - 57.6%, and
WHEREAS, The site and building plans are subject to Fire Department approvals, and
WHEREAS, A dumpster enclosure is proposed along the west lot of the property just north of the
proposed restaurant structure and abuilding elevation in the plans shows that the refuse enclosure will
be constructed materials matching the main structure with concrete block and cultured stone veneer,
and
WHEREAS, A landscape plan has been submitted as part of the proposal showing a wealth of
landscaping in the new parking lot, around the stormwater pond, and along the foundations of both
structures, and
WHEREAS, A few updates are required for the landscape plan and this resolution is subject to future
changes desired by the City Forester, and
WHEREAS, No exact signage is part of the submittal and will be subject to future staff approvals, and
WHEREAS, Two dual fixture 14-foot light poles and three single fixture 14-foot lightpoles are shown on
the photometric plan to light up the restaurant parking lot and the fixtures are to be zero degree cutoff
fixtures, and
WHEREAS, The photometric plan is part of the submittal and the resolution is contingent that a
photometric plan is produced at the time of building permits that shows the lighting plan meeting zoning
codes which is no more than 0.5 foot-candles at the property lines, and
WHEREAS, The development will be served by existing public sanitary sewer and water, and
WHEREAS, Stormwater management is required for “quality” issues and is addressed in the submitted
plans via a pond on the site plan between the 4-unit residential structure and the commercial parking lot.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan for a new restaurant and 4-unit multi-family residential structure located in the SW ¼ of
Section 9 (Former DJs Pub & Grill / S76 W18040 Janesville Road / Tax Key Nos. 2195.999).
BE IT FURTHER RESOLVED, That the access lane along the east property line shall expand to a
two-way access of at least 24 feet in width and that the parking stalls should switch to
accommodate this traffic pattern.
BE IT FURTHER RESOLVED, That the Planning Commission will allow the parking lot and access
lanes to be as close as 6 feet from the east property line.
BE IT FURTHER RESOLVED, The building permit submitted plans shall reflect the basement as
having no use for customers of the restaurant (remove meeting room use) so the parking codes
can be met.
BE IT FURTHER RESOLVED, That the 4-unit residential building shall switch the offsets shown
on the plan so the west property line offset is 10 feet and the east property offset is now 5 feet.
BE IT FURTHER RESOLVED, That the petitioner was receptive at the 11/6/12 Plan Commission
meeting to moving the 4-unit residential building further south on the property should they be
able to minimize the needed area of the stormwater pond. The Plan Commission further
encourages this notion of moving back the building if the petitioner can accommodate.
BE IT FURTHER RESOLVED, A separate sign permit will be required before any signage (temporary or
permanent) can be installed and
BE IT FURTHER RESOLVED, A separate sign permit will be required before any signage (temporary or
permanent) can be installed and this includes any signage on the building.
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 and the
concrete bases for the pole lights cannot exceed 6 inches in height above grade. However, the one
concrete base in the middle of the parking lot may be allowed to be a bit larger but the total bollard and
light may not exceed 15 feet in height per code and all concrete bases must match an earth tone color of
the building upon occupancy of the structure.
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 there should be double the amount of trees along the fence line
along the main parking lot boundaries.
BE IT FURTHER RESOLVED, That additional landscaping shall be found along the west property
line from the 4-unit residential building south to the north end of the commercial parking lot.
BE IT FURTHER RESOLVED, That the photometric plan must reflect no more than 0.5 foot-candles at
the property lines at the time of building permits, and
BE IT FURTHER RESOLVED, That no landscape islands are found every 10 parking stalls but Plan
Commission has waived this requirement due to having the parking lot totally enclosed by the fencing
and due to the uniqueness of the property in size and dimensions.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division of grading and
stormwater plans will be required before the issuance of building permits.
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: November 6, 2012
Defeated:
Deferred:
Introduced: November 6, 2012
ATTEST: Kellie McMullen, Recording Secretary