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PCR2009049 AMENDED RESOLUTION #P.C.049-2009 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR WAL-MART LOCATED IN THE NE ¼ OF SECTION 3 (MOORLAND ROAD / TAX KEY NO. 2169.999.003) WHEREAS, On June 23, 2009 plans were submitted by Wal-Mart Real Estate Business Trust for an amended Building, Site and Operation Plan for Wal-Mart located in the NE ¼ of Section 3 (Tax Key No. 2169.999.003), and WHEREAS, Updated building renderings and screen wall renderings were submitted on July 7, 2009 that will replace any of the same from the June 23, 2009 submittal, and WHEREAS, A BSO was approved for Wal-Mart per PC Resolution #045-2008 and the petitioner wishes to change various items in relation to the building elevations and materials, and WHEREAS, As noted below, all parameters of the approvals from PC Resolution #045-2008 are still in place with the exception of the changes from the submitted materials of June 23, 2009 and July 7, 2009 per this approved resolution, and WHEREAS, The amendments are stated to be submitted by the petitioners due to a new interior building design layout, changing the location of the outdoor garden center location, removing the outdoor Pharmacy drive thru lanes, and due to changes in the pitches of the roof, and WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s General Design Guide, and WHEREAS, The proposed amendments are as follows: Building Size: The structure footprint is changing from 151,908 square feet to 147,806 square feet and said structure meets the requirements of the zoning ordinance in accords to the setbacks, offsets, open space, and floor area ratios of the site, and Building Floor Area Ratio: The Floor area ratio of the structure to the site has changed to 21.4% from 21.9% of the entire Site area (well below the 60% floor to area ratio limit in the B-3 General Business District), and Building Height: The height of the structure is limited to 30 feet by the current zoning and the structure previously met this requirement and the new proposal does as well, and The previously approved structure was over 30 feet in a few areas where a few architectural details (pilasters, entranceways, etc.) went over the 30-foot mark, which is allowed by code and Planning Commission approval, and The previously approved structure only exceeded 30 feet at the architectural pilasters (approximately 32.5 feet) and the main theme wall (approximately 35’2”) which is the same in the new proposal, and Previously the roof on the entire building sloped from front to back with the high point being at the front and the proposed building’s roof will now slope from the center of the building to each side causing reconfiguration of the parapets, and Building Layout: The previously approved building had a pharmacy drive thru to the south, which is now removed in the new submittal, and The previous approved building layout had the outdoor living area situated toward the front façade (western) of the store and the new submittal orientates the outdoor living area along the northern façade of the store, and There appears to be a roof on the Outdoor Living area that will be covered by the same standing seam metal that is found on the entryways, and The new building layout has a “Bagged Goods” area on the site plan, but this area is not found on the building elevation, and The variations of façade depths have largely remained the same along the main western and northern facades however, the front elevations of the structure have been moved out 20-25 feet from the previous plan and entrances have been brought forward 12 feet, and Materials/Architecture: The colors of the overall structure have been changed to more earth tone colors of browns and tans consisting of paints entitled “Row House Tan”, “Rockwood Clay”, and “Cobble Brown”, and The previously approved building utilized smooth and split face block as the primary materials and the new proposal utilizes the split face block on the front façade (western), however, requests the use of “Exposed Aggregate Precast Panels” as the primary material on the other three facades, and The banding of multiple materials on the western and northern primary facades have been replaced with “grooving” techniques in the precast panels, and The main brand wall with the Wal-Mart sign on the front façade now has the trespa panels starting half-way up the façade instead of starting at the base of the façade and this is stated to be taking place due to the trespa panels being easily damaged, and The enclosure around the compressors on the southern façade will be a bit more evident with the removal of the pharmacy drive thru architecture, and The two main glass entryways are still depicted at the same height as originally approved per Resolution #045-2008, however, the entryways no longer protrude higher than the parapet wall due to the roof pitching different ways for stormwater purposes, however, they are at the same height of the parapet wall which should work well from the general human view of the store façade, and The Outdoor Living area has been moved to the northern façade of the structure however the entryway has remained facing the front façade of the store and has largely preserved the same architecture and materials as the original proposal, and The EIFS cornice element appears to not have changed from the original proposal, and Mechanicals: All rooftop mechanicals are not shown but still will be screened and all ground mechanicals and storage areas (Including truck loading docks) are still 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 Parking and Lot Layout: Previously, 707 parking stalls were shown with fifteen being handicap accessible and 28 reserved for cart corrals and the new submittal now shows 695 parking stalls with seventeen being handicap accessible and 28 reserved for cart corrals, and The parking stalls do not meet the 10’ x 20’ requirement and changes to the stalls will have to be made, and 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 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 The Site Plan now displays a 20,000 square foot area for “Seasonal Outdoor Garden Center” and this area would need future specific Plan Commission approvals if ever used, and Signage: 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 the exact details of each sign will have to be included on building permit applications to ensure compliance with zoning code requirements, and Lighting: The previous Wal-Mart approval was contingent upon a photometric plan being delivered by the time of building permits, however, the type, size, and location of the fixtures was known, and The previous proposal was approved with a variety of decorative wall pack lights, 30-foot high pole lights, and lighted architectural bollards along the front entranceways, and The new proposal shows the same variety of decorative wall pack lights, however, no lighted architectural bollards are found along the front entranceways and the other lighted bollards are now a different color type, and Landscaping: 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 The new landscape plan shows more landscaping then the previous submittal with increased plantings along the right-of-ways, and the southern/eastern property lines, and The evergreen trees are still shown as 7-foot in height and the resolution mandates all evergreens to be 9-feet in height per Resolution #045-2008. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the amended Building, Site and Operation Plan submitted by Wal-Mart Real Estate Business Trust for Wal-Mart located in the NE ¼ of Section 3. BE IT FURTHER RESOLVED, That all parameters, operations, plans, and approvals per past Plan Commission Resolution #045-2008 are still in affect with the exception of the approvals for the new revisions within this resolution. Architecture: BE IT FURTHER RESOLVED, That the northern (left) elevation be updated to remove all the pre-cast panels and replace them with smooth/split face CMU product alternating colors in between the pilasters, that the CMU include banding in some sections similar to the front façade, that the back portion of the façade include windows and aluminum awnings like the middle of the façade, and that the pilasters are similar vertically with the exception of the two corner pilasters. BE IT FURTHER RESOLVED, That the fencing around the Outdoor Living area have an architectural cornice/cap feature connecting the pilasters over the wrought iron fencing in order to better create a connection to the Outdoor Living entrance and the main structure. Building Layout: BE IT FURTHER RESOLVED, The new building layout does not incorporate the “Bagged Goods” area in order to avoid unsightliness of outdoor storage. Parking: BE IT FURTHER RESOLVED, That the parking lot layout will may have to be updated before the issuance of building permits showing that all parking stalls meet the 10’ x 20’ requirement unless Wal-Mart can deliver data/studies to staff showing that the reduced length/width of the stalls is a standard today that provides similar safety. Increased space may be found to meet this requirement while preserving the current amount of parking stalls by reducing the traffic lane widths for one-way traffic areas. BE IT FURTHER RESOLVED, That Plan Commission approves of the reduction in parking stalls, even in the event the parking stall amount is further reduced to meet the 10x20 requirement further 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 the “Seasonal Outdoor Garden Center” could only be utilized if Plan Commission approvals were first received. Lighting: BE IT FURTHER RESOLVED, That the lighted architectural bollards along the entire front façade shall match the bollards in the original approved proposal under PC Resolution # 045- 2008, which were silver with blue lighting. Signage: BE IT FURTHER RESOLVED, The exact details of each sign will have to be included on building permit applications to ensure compliance with zoning code requirements. Landscaping: BE IT FURTHER RESOLVED, That an updated landscape plan be delivered at the time of building permits showing all evergreen trees at an initial 9-feet in height per Resolution #045- 2008. BE IT FURTHER RESOLVED, That an updated landscape plan must show the three planters and the associated plantings that are to exist between the two entrances to the store as depicted on the colored rendering. BE IT FURTHER RESOLVED, That an updated landscape plan must show the planters and the associated plantings that are to exist along the wall of the Outdoor Living area. Other: BE IT FURTHER RESOLVED, That materials may not be stacked higher than the wrought iron fencing inside the Outdoor Living area. 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 for all public projects required for the development (water main, etc.). 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 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: July 7, 2009 Defeated: Deferred: Introduced: July 7, 2009 ATTEST: Kellie McMullen, Recording Secretary