PCR2014059RESOLUTION #P.C. 059-2014
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM BP-1 BUSINESS AND
OFFICE PARK SUPPORT DISTRICT TO BP-3 BUSINES PARK DISTRICT, APPROVAL OF A
BUILDING SITE AND OPERATION PLAN, AND APPROVAL OF A TWO LOT CERTIFIED
SURVEY MAP FOR THE PROPERTY LOCATED IN THE NE ¼ OF SECTION 17
(TAX KEY NO. 2169.993.005 / COMMERCE DRIVE)
WHEREAS, In September 2014 a petition to rezone a property from the BP-1 Business & Office
Park District to BP-3 Business Park District was submitted and on October 14, 2014 Building, Site
and Operation Plans and a Certified Survey map were submitted for the property located in the
NW ¼ of Section 3 (Tax Key No. 2169.993.005 / Commerce Drive), and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on October
28, 2014, and
WHEREAS, The original zoning for the Commerce Center was put in place a decade ago and
didn’t anticipate the exact placement of future development, and
WHEREAS, The city envisioned large business structures in this area but also anticipated smaller
supporting commercial and/or office uses, and
WHEREAS, The requested BP-3 district allows the larger business structure footprints by right
whereas the BP-1 district allowed smaller office uses in this location, and
WHEREAS, The BP-3 zoning district is already found in this area along Janesville Road (GE
Healthcare and Northern Gear), and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for business park uses,
and
WHEREAS, The proposal is to build a new 60,000 square foot business structure that would have
three tenants and up to 60 employees, and
WHEREAS, The tenants aren’t being disclosed as part of the proposal, and
WHEREAS, This site is governed by the General Design Guide which calls for 50% masonry
product and the proposed structure is comprised of 100% masonry, and
WHEREAS, The structure is proposed to be the earth tone colors of a light brown, and lighter
tans, and
WHEREAS, The materials proposed mainly comprise of a pre-cast concrete insulated panel.
Various architectural detail materials include pre-finished metal copings and gravel stops, clear
anodized fascia canopies, aluminum storefront window systems tinted a gray color, and spandrel
glass in the same gray glazing color, and
WHEREAS, The proposed building would be accessed by one access point off of Commerce
Drive, and
WHEREAS, Truck traffic would be limited to 7 am -7pm Monday-Friday with a rare Saturday or
Sunday delivery, and
WHEREAS, The structure is an average of about 29 feet which is allowed by code, and
WHEREAS, The building will be centrally located on the site with trucking operations to go around
the structure to the west and the employee parking to be around the east half of the structure, and
WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s
General Design Guide, and
WHEREAS, Truck traffic would be limited to 7 am-7pm Monday-Friday, and
WHEREAS, The structure is an average of about 29 feet which is allowed by code, and
WHEREAS, The building will be centrally located on the site with trucking operations to go around
the structure to the west and the employee parking to be mostly around the east half of the
structure, and
WHEREAS, A total of sixty (60) parking stalls are shown on the site plan (forty-nine (49) stalls in
the front and eleven (11) in the rear), and
WHEREAS, For an industrial site the parking codes mandate that there should be approximately
1 parking space for every two employees and the parking shown more than meets code as well as
the proposal of no more than 60 employees now and into the future, and
WHEREAS, All parking stalls all are shown as 10 feet by 20 feet, and
WHEREAS, The parking lot will be curbed throughout and ample pedestrian access from the lot
to the entrances to the building can be found throughout, and
WHEREAS, Vehicular access is depicted off of the Commerce Center cul-de-sac. All driving
lanes are illustrated at 30 feet in width or larger where two-way traffic will exist and the proper
markings are shown throughout the site, and
WHEREAS, Fire access lanes are found along the east facade of the structure which meets code
of having a fire access along at least 50% of one façade of the structure and the Fire Dept. has
reviewed the site plan for compliance, and
WHEREAS, The proposed CSM is required in order to change the existing boundary lines of the
parcels to best accommodate the proposed development and all parcels shown meet the BP-3
zoning requested, and
WHEREAS, The CSM will:
shorten the Commerce Center cul-de-sac bulb to the south to allow for better
development potential,
includes a variety of easements which includes an easement along the south and west
property lines for the city to have full access to the water tower,
allow the sale of the water tower lands on the northwest portion of the development (120
square feet) in order to allow the building to constructed without setback violations, and
WHEREAS, The proposed land sale has been approved by the Public Works Committee and this
resolution is subject to a parcel conveyance to take place before the CSM is recorded, and
WHEREAS, A dumpster enclosure is proposed along the back of the building on the southwest
corner and the enclosure is to be constructed of stained cedar slats connected to a galvanized
gate frame, and
WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending
approval form the City Forester, and
WHEREAS, A wealth of landscaping is proposed around the site and around the foundations of
the structure, and
WHEREAS, One item of note is that there isn’t landscape islands every 10 parking stalls in the
various parking areas and Plan Commission can waive this requirement when the lot has overall
good application of landscaping, and
WHEREAS, Signage isn’t part of the submittal at this time, and
WHEREAS, Specific light fixture details and a photometric plan are part of the submittal and the
plans show consistency with Muskego requirements and codes, and
WHEREAS, The lighting plans show the need for twelve (12) zero degree cutoff 250 watt metal
halide building wall fixtures, four (4) zero degree cutoff 100 watt metal halide building wall fixtures,
two (2) zero degree cutoff 10 watt LED wall packs, and six (6) zero degree cutoff 42 watt LED
canopy fixtures, and
WHEREAS, The existing Commerce Center cul-de-sac is proposed to be moved back to the
south to better accommodate the proposed development and this will require new street
improvements in public right-of-way which will require a developer’s agreement, and
WHEREAS, The development will be served by existing public sanitary sewer and water, and
WHEREAS, Stormwater management is being taken care of via existing stormwater ponds as
part of the original Commerce Center West development.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to the BP-3 Business Park District and approves of the
Building, Site and Operation Plans and a Certified Survey Map for the property located in the NW
¼ of Section 3 (Tax Key No. 2169.993.005 / Commerce Drive), and
BE IT FURTHER RESOLVED, That all doors and windows must remain closed except for loading
and unloading of trucks.
BE IT FURTHER RESOLVED, That the city water tower parcel conveyance document is recorded
prior to the new CSM recording.
BE IT FURTHER RESOLVED, Planning Commission approves of waiving the one landscape
island for every 10 parking stalls given that this is a daily business site and not a daily retail
commercial site and since there is ample landscaping and natural landscaping surrounding the
entire site.
BE IT FURTHER RESOLVED, That a Developer’s Agreement be approved and executed for any
utility and street improvements as required/approved by the City Engineer.
BE IT FURTHER RESOLVED, That all doors and windows must remain closed except for loading
and unloading of trucks.
BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed
on the site with the exception of docked trucks on the truck docks in the rear of the structure.
BE IT FURTHER RESOLVED, That 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, if necessary, cannot exceed 6 inches i n 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 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 all technical corrections from the City will need to be
addressed before the Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
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 4, 2014
Defeated:
Deferred:
Introduced: November 4, 2014
ATTEST: Kellie McMullen, Recording Secretary