PCR2013043AMENDED
RESOLUTION #P.C. 043-2013
APPROVAL OF A CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN
FOR THE DAN HEWITT PROPERTY LOCATED IN THE SW ¼ OF SECTION 9
(JANESVILLE ROAD / TAX KEY NO. 2195.999)
WHEREAS, On August 22, 2013 plans were submitted by Kozitecture and Burback Builders for a Building, Site and
Operation Plan for a new bar/restaurant that includes one unit of residential on the second story located in the SW
¼ of Section 9 (Former DJs Pub & Grill / 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 3,520 square foot bar/restaurant up along
Janesville Road just north of the Pioneer Drive intersection situated on a 1.44 acre site, and
WHEREAS, The Planning Commission previously approved a BSO for this site per Resolution #053-2012 back in
2012 and said BSO at that time was for a 3,500 SF bar/restaurant along Janesville Road and a four (4) unit
residential structure on the north end (rear) of the property, and
WHEREAS, The proposal mimics many of the approved requirements from the previous Planning Commission
approval but replaces the former rear four unit residential building with just a single residential unit to be located on
the second story of the proposed bar/restaurant, and
WHEREAS, A residential use is allowed within a commercial structure in the Downtown Revival Zoning District
subject to a Conditional Use Grant (CUG), and
WHEREAS, A CUG hearing is being heard before the Planning Commission on September 3, 2013, and
WHEREAS, The Planning Commission shall base their CUG determination on general considerations as to the
effect of such grant on the health, general welfare, safety and economic prosperity of the City and specifically of the
immediate neighborhood in which such use would be located, including such considerations as the effect on the
established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for
related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust,
smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional grants, and
WHEREAS, This site is governed by the General Design Guide, and
WHEREAS, The current site is vacant other than some remaining existing pavement from the prior commercial use
that existed on the property, and
WHEREAS, Per the Common Council Rezoning Ord #1361, the commercial uses on the property are to be on the
front 360 feet of the property and only up to four (4) units of residential may be allowed 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
WHEREAS, The Planning Commission previously required full two lane drive aisles on the previous approval and
this is shown in the current proposal, 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 5.5 feet from the
west property line and 7 feet from the east property line, and
WHEREAS, The amount of parking stalls required per code in a restaurant use is 2 parking stalls per 100 square
feet of customer floor area (CFA) and in the proposed structure the calculations show that there is approximately
2,130 square feet of CFA requiring 43 parking stalls, and
WHEREAS, The amount of parking stalls required per code for a single -family attached residential structure is 1.5
stalls, and
WHEREAS, Parking for the restaurant and residential structure is shown as a total of 63 stalls which is more than
code requires for the proposed residential and restaurant/bar uses on the lot, and
WHEREAS, The parking stalls are shown at a size of 9’x18’ and code requires stalls to be 10’x20’, 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 new 6-foot high board on board cedar fencing is to be
installed along the east and west property lines along the length of the entire commercial site up to the northern end
of the commercial parking lot to totally screen the parking lot operations from the abutting properties, and
WHEREAS, The restaurant proposed 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 of ledge stone pattern manufactured stone veneer,
Smart Side and fiber cement siding/trim/soffits/fascia, aluminum glazed doors, aluminum glazed framed windows
with insulated glass, and dimensional shingles for the roof, and
WHEREAS, The building is to be presented along the frontage of Janesville Road and will have one end cap
vestibule on the southwest corner of the building to pronounce the restaurant as traffic is moving east on Janesville
Road, and
WHEREAS, The east façade will be mostly blocked by existing vegetation from the residential property to the east,
and
WHEREAS, An outdoor seating deck is proposed along Janesville Road that will have an ornamental fencing
system around it, and
WHEREAS, The colors proposed for the structure are earth tones, and
WHEREAS, The residential unit proposed is shown on the second floor, has its own entrance along the rear (north)
façade, and will mimic the architecture and materials proposed for the rest of the structure while including an
outdoor patio area on west facade, and
WHEREAS, The restaurant structure proposed is comprised of the following percentages of masonry on each
side: front (south)-40.2%, rear (north)-15.5%, side 1(east)-20.8%, & side 2(west)-44.2%, and
WHEREAS, The General Design Guide calls for 50% masonry product, 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 site and building plans are subject to Fire Department approvals, and
WHEREAS, A dumpster enclosure is proposed just north of the proposed restaurant structure to be built with
similar materials as the principal structure, and
WHEREAS, There have been concerns with area neighbors regarding noise in relation to garbage on site in the
past, and
WHEREAS, A landscape plan has been submitted as part of the proposal showing a wealth of landscaping in the
new parking lot and along the foundations of the structure, and
WHEREAS, A few updates may be 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, Three single fixture lightpoles and two dual fixture light poles are shown on the plans and the fixtures
are to be zero degree cutoff fixtures, and
WHEREAS, One of the dual fixture light poles is shown in the middle of the parking lot unguarded by a landscaped
curbed area, and
WHEREAS, The photometric plan is not 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 stormwater will
consist of sheet flow from north to south as no storm pond is now required per MNSD standards due to less
amount of impervious surfaces being applied.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan and
a Conditional Use Grant for a new bar/restaurant with one (1) unit residential on the second floor located in the SW
¼ of Section 9 (Former DJs Pub & Grill / S76 W18040 Janesville Road / Tax Key No. 2195.999).
BE IT FURTHER RESOLVED, That the proposed 6-foot high board on board cedar fencing found along the west
property line should start another 20 feet south of the proposed location and end angling into the property with a
landscaping buffer subject to staff approval and end another 40 feet north of the proposed location to better
screen the parking lot from existing and future residential uses.
BE IT FURTHER RESOLVED, That the Planning Commission can allow the parking lots to be closer than 10 feet
to side residential property lines by code in unique situations and that the Planning Commission finds that the
erection of the fences and landscaping are adequate borders, thus the Planning Commission will allow the parking
lot and access lanes to be as close as 3.5 feet from the east and west property lines.
BE IT FURTHER RESOLVED, That all parking stalls must be 10’x20’ per code and the allowance of reduced side
yard offsets by the Planning Commission on the parking lot should allow the stalls to meet code.
BE IT FURTHER RESOLVED, That 50% masonry must be found on the north, south, and west facades of the
structure to meet the General Design Guide requirements and that the east façade may be at 30% due to the less
visibility that is found here.
BE IT FURTHER RESOLVED, That any additions of residential units up to the allowed four by the rezoning
ordinance is subject to future Plan Commission BSO approvals.
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, That garbage trucks emptying the trash from the refuse enclosure shall come only
between the hours of 8 am and 5 pm and that the establishment should only dump refuse that may make more
noise in the refuse enclosure (ex. recycling items like glass, etc.) between the hours of 8 am to 5 pm in order to
reduce the amount of noise from the dumping of refuse for the surrounding residential neighbors.
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. 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, 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 the dual light pole found in the middle of the parking lot must be within a
curbed landscape island and that two parking stalls may be removed as part of this requirement but parking cod e
needs will still be met. This requirement is per code in that every 10 parking stalls should have a landscape island.
BE IT FURTHER RESOLVED, No outdoor storage is allowed on the commercial site or on the back vacant portion
of the property without prior Plan Commission approval.
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, 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: September 3, 2013
Defeated:
Deferred:
Introduced: September 3, 2013
ATTEST: Kellie McMullen, Recording Secretary