Loading...
PCR2014020RESOLUTION #P.C. 020-2014 RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM BP-1 BUSINESS & OFFICE SUPPORT DISTRICT TO B-3 GENERAL BUSINESS DISTRICT, APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP, AND APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR BURGER KING LOCATED IN THE NE ¼ OF SECTION 3 (MOORLAND ROAD / TAX KEY NO. 2169.999.006) WHEREAS, On January 24, 2014 a petition to rezone a property from the BP-1 Business & Office Park District to B-3 – General Business District, a certified survey map for a 2-lot land division and Building, Site and Operation Plans for Burger King were submitted (Tax Key No. 2169.999.006 / Moorland Road), and WHEREAS, The 2020 Comprehensive Plan already identifies this area for commercial land use, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on February 25, 2014, and WHEREAS, The proposed B-3 district requires a minimum lot size of 20,000 sq ft and average lot width of 100’ per lot, and WHEREAS, The two parcels vary in size from 40,000 sq. ft. (0.91 acres) to 8.65 acres, and WHEREAS, The property is currently served by municipal sanitary sewer and municipal water, and WHEREAS, The proposal is to build a Burger King restaurant totaling 3,165 square feet situated on a .91 acre site, and WHEREAS, This site is governed by the General Design Guide, and WHEREAS, The architecture shown in the various colored renderings provided as part of the submittal show varying detail of materials and colors used throughout the facades of the structure, and WHEREAS, This area of the City is governed by the General Design Guide and the guide calls for 50% masonry product, and WHEREAS, The proposed structure shows 100% masonry other than the various metal wall panel areas shown around the windows and entrances. WHEREAS, The building materials used consist of the following below and the colors can be found on the various colored renderings provided:  Exterior Brick  Exterior Brick Ceramic Tile  Stucco  Various Metal copings  Metal Canopies  Corrugated metal panels WHEREAS, The materials proposed for the building mesh well with the proposed landscape plan however more architectural details may be desired on some façade areas, and WHEREAS, The architecture includes a red light band along the top rim of the building that is common on new Burger King installations, and WHEREAS, The building sits low compared to passersby on Moorland Road which may result in seeing the back of the parapet walls on the roofline, and WHEREAS, The one acre site is vacant and pad-ready for development today as the property was developed via the Commerce Center East development in the past, and WHEREAS, The building is surrounded by parking with ample access to a drive thru lane and the building is surrounded by easily accessible walkways and a pleasing outdoor patio/green area for patrons, and WHEREAS, Vehicular access meets code throughout the site as two-way drive aisles are at least 24 feet in width and one-way aisles are at least 12 feet in width, and WHEREAS, Vehicular access to the site is shown to occur in one access point off of Commerce Center Drive which is aligned with the Wal-Mart entrance to the east, and WHEREAS, An internal drive will connect to future development to the north as well and this is secured via a cross access easement on the CSM, and WHEREAS, Parking is shown as 32 stalls all meeting the city code dimensions of 10’x20’ and 9.5’x18’ (diagonal), and WHEREAS, The amount of parking stalls provided meets typical code requirements for a restaurant facility of this type as Muskego typically ensures that 2 stalls are required per 100 SF of customer floor area, and WHEREAS, The building has 1,126 SF of customer floor area (Dining area: 841.56 S, Queue area: 168.41 S, Corridor: 41.12 SF, Vestibule: 74.81 SF), which would require 23 stalls usually, and WHEREAS, The site and building plans are subject to Fire Department approvals, and WHEREAS, A dumpster enclosure is proposed along the northwest portion of the site and the enclosure will be constructed of similar materials to the overall structure, and WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending, and WHEREAS, A wealth of landscaping is proposed and a nice outdoor seating area and green area is proposed on the east façade side and ample landscaping is also to occur around some less desirable items on the plan offering very good screening from all directions, and WHEREAS, Signage is part of the submittal and is shown to be a monument sign along Commerce Center Drive, wall signage on all facades, and various site identification signage (directional and drive thru signage) and all signage proposed appears to meet code requirements but will be subject to future staff approvals at building permit time, and WHEREAS, A photometric plan has been submitted and shows appropriate lighting levels per code on the site, and WHEREAS, Site lighting is proposed as approximately eleven (11) polelights and various structure wall pack and sign lights and the pole lights proposed will match the Wal-Mart complex planned development in design, and WHEREAS, The development will be served by existing public sanitary sewer and water, and WHEREAS, All stormwater arrangements have been accommodated for when the Commerce Center East development was constructed. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from BP-1 Business & Office Support District to B-3 General Business District for the Muskego Commerce Center East LLC property (Tax Key No. 2169.999.006 / Moorland Road). BE IT FURTHER RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Muskego Commerce Center East LLC for a two (2) lot land division located in the NE ¼ of Section 3 (Tax Key No. 2169.999.006 / Moorland Road), subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan for Burger King for the property located in the NE ¼ of Section 3 (Moorland Road / Tax Key No. 2169.999.006). BE IT FURTHER RESOLVED, That due to the building sitting low compared to passersby on Moorland Road the parapet walls extending above the main roofline must have the same material that we see on the front facades continued on the back portions of the walls as well and this should be formally shown on the building permit submitted plans. 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 (Some wall pack lights are showing not at zero degrees) and the concrete bases for the pole lights cannot exceed 6 inches in height above grade. 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 all pole bollards are no more than 6” in height above grade. 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. Roof top mechanicals must be screened with the same main architectural materials found on the main building. 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: March 4, 2014 Defeated: Deferred: Introduced: March 4, 2014 ATTEST: Kellie McMullen, Recording Secretary