PCR2008045a
./PCR2008045a_files/filelist.xml RESOLUTION #PC 045-2008
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TWICE AMENDED
RESOLUTION #P.C.045-2008
APPROVAL OF A BUILDING SITE AND OPERATION PLAN
AND CERTIFIED SURVEY MAP FOR WAL-MART LOCATED IN THE NE ¼ OF SECTION 3 (MOORLAND ROAD / PART OF TAX KEY NO. 2169.999.001)
WHEREAS, On April 23, 2008 plans were submitted by Wal-Mart Real Estate Business Trust for a Building, Site and Operation Plan and Certified Survey Map for Wal-Mart located in the
NE ¼ of Section 3 (Part of Tax Key No. 2169.999.001), and
WHEREAS, On May 23, 2008, updated plans were submitted by Wal-Mart Real Estate Business Trust in response to the Plan Commission desires from the May 6th, 2008 meeting, and
WHEREAS, Said property is currently zoned BP-3 Business Park District, although is subject to the B-3 General Business District upon the Common Council’s approval of a Developer’s
Agreement and Certified Survey Map setting for the full development potential of Tax Key Number 2169.999.001, and
WHEREAS, The Certified Survey Map is by separate approval under PC resolution #055-2008, and
WHEREAS, The City's 2010 Comprehensive Plan has the area designated as business park uses consistent with commercial and light industrial uses, and
WHEREAS The recently adopted TID 10 project plan contemplated development of retail uses on the east side of Moorland Road, and
WHEREAS, A general merchandising use such as a Wal-Mart is a permitted use in the B-3 General Business District, and
WHEREAS, Said parcel will be serviced by public sewer and water facilities, and
WHEREAS, The submittal notes that a Wal-Mart Supercenter is not a heavy user of water or sewer service and it is expected that, on average (not including seasonal irrigation for landscaping),
the Supercenter will consume 4,600 gallons of water each day and generate 4,150 gallons of sewage, and
WHEREAS, The utility, stormwater, and grading plans are subject to City Engineering approval before the release of building permits, and
WHEREAS, A Certified Survey Map is part of the submittal for approvals and the CSM will make a new lot for Wal-Mart while also creating another new commercial lot to the north along
with the supporting access roadway off of Moorland Road, and
WHEREAS, All lots on the Certified Survey Map meet their respective zoning requirements, and
WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s General Design Guide, and
WHEREAS, The petitioner requests approval for a 151,908 square foot structure on a 15.88 acre parcel, and said structure appears to meet the requirements of the zoning ordinance in
accords to the setbacks, offsets, open space, and floor area ratios of the site, and
WHEREAS, The Wal-Mart is said to stimulate the overall commercial climate in Muskego while providing several million dollars of tax increment to the existing Tax Increment District
#10, and
WHEREAS, The current site has historically been used agriculturally, and
WHEREAS, The Supercenter will include several departments, at minimum, a general merchandising/department store and grocery components and may include some or all of a bank or savings
and loan, dental, optical and medical clinics, a photography studio and processing lab, and various other customer service components such as a garden center (including approximately
20,000 square feet of seasonal outdoor garden center), a pharmacy with a drive through, a beauty shop and restaurants, as well as customary accessory uses, and
WHEREAS, The business anticipates 300 employees with the store operating 24 hours a day, 7 days a week, and
WHEREAS, The Manual of the Institute of Traffic Engineers ("ITE") estimates that a 156,500‑square‑foot Supercenter (slightly larger than the 152,000 square foot store proposed) generates,
on average, 7,700 vehicle trips per weekday, and
WHEREAS, Vehicle trips include both trips into and out of the store, thus, approximately 3,850 vehicles will visit the store each weekday, and
WHEREAS, The submittal notes that no nuisances will be created at the site, and
WHEREAS, A noise study was completed and is part of the approvals of this BSO petition, and
WHEREAS, A traffic study has been prepared by Traffic Analysis & Design, Inc. to mitigate newly generated traffic as contemplated in the TID 10 Project Plan, and
WHEREAS, The traffic study has been approved by Waukesha County and the development of the structure will first require that the road improvements shown on the CSM be completed before
the occupancy of the Wal-Mart, and
WHEREAS, Exterior loading and storage areas will be entirely screened from view of public streets by the architectural elements depicted on the proposed building elevations, and
WHEREAS, The Wal-Mart will implement multiple sustainability measures both in the construction and operation of its store to maximize recycling and energy conservation opportunities
including utilizing daylight harvesting, LED lighting, energy efficient HVAC, ozone friendly refrigerants, recycled water heating, low-maintenance flooring, non-PVC roofs, recycled
steel and various recycling methods, and
WHEREAS, The Floor area ratio of the structure to the site is approximately 21.9% of the entire Site area (well below the 60% floor to area ratio limit in the B-3 General Business
District), and
WHEREAS, Parking and drives will occupy approximately 56.4% of the Site and approximately 21.7% of the site will remain as open green space, and
WHEREAS, The approximately 13 acres abutting the Site to the south will remain open space and be preserved as natural wetlands and stormwater management areas, and
WHEREAS, The height of the structure is limited to 30 feet by the current zoning and the structure meets this requirement, and
WHEREAS, The structure is over 30 feet with a few architectural details (pilasters, entranceways, etc.) which is allowed by code, and
WHEREAS, The structure is proposed to be constructed with a variety of materials including different colors and sizes of integrally colored smooth face CMU, integrally colored split
face CMU, trespa panels, and parapet caps metal panels, and
WHEREAS, A variety of colors are proposed to be utilized including ‘oak’, ‘coffee’, ‘white balsa’, ‘copper yellow’, ‘simplify beige’, ‘aluminum’, and ‘dark brown’, and
WHEREAS, The structure includes a variety of architectural elements such as breakups and depths in the facades, pilasters, awnings, community areas, false windows, decorative light
fixtures, and a diverse use of materials throughout the stages and facades of the structure and all the elements appear to meet the intent of the General Design Guide, and
WHEREAS, The submittal states that the two entries to the store will be designed in a mass of clear glass and the central element of the store's front elevation will be an eye catching
transom and expanded canopy also serving as a central gathering place for customers, associates and, if requested, community activities, and
WHEREAS, A 12 foot high wall made of decorative block matching the principal structure is found to totally screen the trucking and outdoor storage activities along the rear façade.
Said wall will also act as a noise barrier from any of the rear façade activities.
WHEREAS, The permanent garden center will be entirely enclosed with wrought iron fencing and architectural walls, as well as extensive landscaping, and
WHEREAS, All rooftop mechanicals are not shown but will be screened, and
WHEREAS, All ground mechanicals and storage areas (Including truck loading docks) are shown to be screened with parts of the principal structure or separate screening structures made
of the same architectural materials as the principal structure, and
WHEREAS, 707 parking stalls are shown with fifteen being handicap accessible and 28 reserved for cart corrals, and
WHEREAS, The amount of parking stalls is less than what is stipulated in the City’s zoning ordinance (1 stall per 150 square feet of customer floor area for retail stores) although
Plan Commission discretion is allowed for the reduction, and
WHEREAS, The parking lot will be curbed throughout and the parking stalls all are shown as 10 feet by 20 feet, and
WHEREAS, Space for cart corrals are found on the site plan and elevations of the movable corrals are found in the submittal but no building elevations of the cart corrals are found
in the submittal, and
WHEREAS, Pedestrian access will be found along the front of the store and a path will connect the store to Commerce Center Parkway to the north and the Parkway will have pedestrian
access back to Moorland Road connecting to the City’s existing trail system, and
WHEREAS, Vehicular access is depicted off of the new Commerce Center Parkway that will be created as part of the development off of Moorland Road and Waukesha County will allow one
right in/right out access off of Moorland Road along the southwest portion of the proposed site, and
WHEREAS, All driving lanes are illustrated at 25 feet in width or larger where two-way traffic will exist and at least 20 feet in width or larger where one-way traffic will exist and
the proper markings are shown throughout the site, and
WHEREAS, All driving lanes and parking stalls are separated by an array of landscape islands including large islands at the west end of the parking lot to buffer the site from Moorland
Road and islands that run the width of the parking lot east to west, and
WHERAS, Fire access lanes are found along the east and west facades of the structure which meets code of having a fire access along at least 50% of one façade of the structure, and
WHEREAS, Signage is depicted as including a monument sign along Moorland Road frontage, a monument sign along the Commerce Center Parkway frontage, and five various wall signs on the
front façade, and
WHEREAS, The monument signs meet the City requirements, are 25 square feet each, are internally illuminated, are made of similar materials to the main structure, are landscaped at
the base, and are 9 feet in height, and
WHEREAS, The wall signs meet the City requirements by taking up less than 5% of the front façade (total of 501.34 square feet of internally white illuminated signage at various entrances;
approximately 19,800 square feet on front façade = approximately 3% consumed), and
WHEREAS, A photometric plan and lighting specifics have been submitted and the photometric plan shows conformity to the City’s design guidelines of .5 foot-candles at the property
lines, and
WHEREAS, The site plans show that a Greenlee Intrepid light fixture will now be used in the parking lot, the Orbiter Maxi Pendant fixture will be under the canopies and the Lithonia
Lighting sconce will be on the building that 65 double and single mounted pole lights will be found on the site, and
WHEREAS, All the pole lights are high pressure sodium zero degree cutoff box lights with poles 12 15 feet in height along the property lines and 30 feet in height towards the middle
of the parking lot, all with bases not exceeding 6 inches and 3 foot concrete bases, and
WHEREAS, The General Design Guide mandates that pole bases are limited to 6 inches in height, and
WHEREAS, Lighting is shown along the building along with the specs and styles and said wall lighting matches the architecture of the main structure but no details were submitted, and
WHEREAS, The pole light design, as submitted on May 23 2008, matches the overall architecture designs for the principal structure may not match the design of the lights found on the
structure, and
WHEREAS, A variety of lighted architectural bollards are found in the front façade of the store, and
WHEREAS, A landscape plan is part of the submittal and has been reviewed by the City Forester and said landscape plan will be subject to City Forester approvals before the release
of building permits, and
WHEREAS, The landscape plan shows an intense amount of trees and shrubs throughout the development providing green space buffers along the main access road, the frontage of Moorland
Road, and along the rear of the structure, and
WHEREAS, Multiple landscaped islands and foundation plantings along the structure are also found, and
WHEREAS, Stormwater will be utilized to the south of the site within Lot 3 of the proposed CSM, and
WHEREAS, The landscaping for the access road off of Moorland Road and surrounding the stormwater pond on Lot 3 of the CSM will be completed via the construction plans for the roadway,
and
WHEREAS, The submittal notes that the developers are investigating installing a night-lit fountain in the stormwater pond within Lot 3 of the CSM, and
WHEREAS, The stormwater pond will be sized to accommodate future commercial development north of the new access road (lot 1 of the proposed CSM), and
WHEREAS, No park acquisitions are proposed in this area, and
WHEREAS, A Detailed Site Analysis was completed by the developer’s engineers which shows that no wetlands or navigable waterways are found on the Wal-Mart site, that fill of 6-15
feet will be required from the south facing slope to the north of the Wal-Mart site, and that there are existing wetlands south of the actual Wal-Mart site (found on the CSM as per
Resolution #055-2008) which are to be preserved, and
WHEREAS, A few management areas exist in the general area, although none on the Wal-Mart site and the only notable environmental feature on the site itself is a mature tree line located
along the east boundary of the Site, which will be preserved in its entirety, and
WHEREAS, The grading of the proposed access road, Lot 1, Lot 4 (Wal-Mart site), and the supporting stormwater pond on Lot 3 of the CSM (as per Resolution #055-2008) will be completed
by owners other than Wal-Mart, and
WHEREAS, These improvements “off-site” of the Wal-Mart parcel will need construction plan, developer’s agreement, and letter of credit approval from the City Council and Works/Utilities
Committees.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan and Certified Survey Map submitted May 23by Wal-Mart Real Estate Business Trust
for Wal-Mart located in the NE ¼ of Section 3.
BE IT FURTHER RESOLVED, That the updated plans submitted on May 23, 2008 shall replace those that required updates from the originally submitted plans on April 23, 2008 for this Plan
Commission approval.
BE IT FURTHER RESOLVED, That increased architecture elements are required for Planning Commission review including the following:
· End cap the south end of the front (west) elevation similar to the north end may be more appropriate, similar to the “Outdoor Living” end cap (arch and materials).
· Increase the architectural material elements onto the Pharmacy canopy, similar to the “Outdoor Living” end cap (arch and materials).
· Breakup of the main horizontal roofline throughout the entire structure by raising the two entryways (curved glass/entry element) above main roofline and building up the
pilasters higher than main roofline instead of at same height.
· Incorporate an element to the main roofline around the entire structure.
· Incorporate more horizontal bands of materials/colors around whole structure.
· Pronounce all the pilasters more by adding further vertical details or adding additional materials.
Carry the “integrally colored smooth face CMU ‘coffee’” portion of the “Outdoor Living” area (with the canopies over the window areas) across the whole area to further screen
this area even more.
BE IT FURTHER RESOLVED, That lighting specifics are required for Planning Commission review and the pole lighting must match the architectural elements of the structure lighting.
BE IT FURTHER RESOLVED, That building elevations of the cart corrals are required for Planning Commission review.
BE IT FURTHER RESOLVED, That as per the updated May 23, 2008 submittal, an average of three truck deliveries are expected to visit the Site each morning and that truck deliveries are
limited to 5:00 am to 11:00 pm.
BE IT FURTHER RESOLVED, Trucks are required to shutdown engines during loading/unloading.
BE IT FURTHER RESOLVED, That an updated photometric plan, meeting the City guidelines and showing the lights as per the May 23, 2008 submittals, must be submitted before the issuance
of building permits.
BE IT FURTHER RESOLVED, That Planning Commission approvals must be received yearly for any seasonal outdoor sales so the exact area, timeframes, and setup can be approved.
BE IT FURTHER RESOLVED, That Plan Commission approves of the reduction in parking stalls shown on the plans in order to reduce the amount of impervious surfaces for the overall site.
The amount of stalls is shown to be more than adequate.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals shall be screened from view and/or incorporated into the design of the site/structure (painting, screening, etc.).
BE IT FURTHER RESOLVED, Metal Halide lights are allowed to be used for the wall pack and accent lights on the structure to enhance architectural elements at night if the developer
desires.
BE IT FURTHER RESOLVED, An electrical transformer is shown to be on the south side of the site and this transformer must be screened by the principal structure, like the other storage
and offloading areas will be screened by the rear façade split face decorative wall.
BE IT FURTHER RESOLVED, That any additional signage will require Plan Department approval.
BE IT FURTHER RESOLVED, That all bollards not architecturally noted on the site plans be painted to match the colors of the principal structure.
BE IT FURTHER RESOLVED, That all handicap signs be incorporated into bored bollards, as per the new submittals on May 23, 2008, however, all the bollards must be painted to match the
colors of the principal structure, not ‘traffic yellow’.
BE IT FURTHER RESOLVED, That the landscape plan be formally approved by the City Forester before the release of building permits.
BE IT FURTHER RESOLVED, That truck deliveries are limited to the hours of 5:00 am to 11:00 pm and trucks are required to shutdown engines during loading/unloading.
BE IT FURTHER RESOLVED, That a trucking route be limited to Moorland Road north to Interstate 43.
BE IT FURTHER RESOLVED, That the decibel limit to the east lot line is not to exceed 50db.
BE IT FURTHER RESOLVED, That 9-foot evergreen trees replace the proposed 7-foot evergreen trees.
BE IT FURTHER RESOLVED, That an annual review be conducted six months after occupancy to review the delivery routes, decibel levels, and 24 hour operations.
BE IT FURTHER RESOLVED, That all technical corrections derived from the Planning and Engineering Departments will need to be addressed before the CSM can be signed and recorded.
BE IT FURTHER RESOLVED, That all technical corrections derived from the City Engineering consultants in relation to the utility, stormwater, and grading plans must be addressed before
the release of building permits, and
BE IT FURTHER RESOLVED, That a Developer’s Agreement and Letter of Credit be approved by the Common Council for the public improvements required to support the Wal-Mart development
and future development in this area east of Moorland Road.
BE IT FURTHER RESOLVED, That a Developer’s Agreement and Letter of Credit be approved and executed before the release of building permits for Wal-Mart.
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 as they relate to landscape areas and drainage shall
be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value
of said costs must be submitted to the Planning Department.
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: June 3, 2008
Defeated:
Deferred: May 6, 2008
Introduced: May 6, 2008
ATTEST: Kellie Renk, Recording Secretary