PCR2010027
THRICE AMENDED
TWICE AMENDED
RESOLUTION #P.C.113047-2007027-2010
APPROVAL OF AN ANNUAL REVIEW FOR KUEHN BUILDING SITE AND OPERATION PLAN
FOR KUEHN PROPERTIESRAS DELIVERY SERVICES LOCATED IN THE NE ¼ OF SECTION 17
(WEST END OF ENTERPRISE DRIVEMERCURY DRIVE &S81 W19255 JANESVILLE ROAD / TAX
KEY NO. 2225.999.012)
WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan Oon NovemberMarch
196, 2007January 15, 2008 plans were re-submitted by for the Kuehn Enterprise, LLCVenture
Development for a Building, Site and Operation Plan property located in the NE ¼ of Section 17
(Mercury Drive &S81 W19255 Janesville Road / Tax Key No. 2225.999.01211), and
WHEREAS, Said The property is currently zoned BM-2 General Industrial Business District and said use
is a permitted use with Building, Site, and Operation Plan approval, and
WHEREAS, The parcel is currently a vacant lot at the western end ofintersection of Mercury Drive and
Janesville Road, and
WHEREAS, Said parcel will be serviced by public sewer and water facilities, 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 of aa 5,795,826 square foot distribution center for the
Milwaukee Journal Sentinel within the Muskego Industrial Park, and said structures appear 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 site plan shows an additional future commercial/office/industrial building on the vacant
northeast portion of the site, and
WHEREAS, Questions have arisen from residents and Alderman regarding the appropriate zoning of this
property given its location in relation to the residential lots in this area, and
WHEREAS, In regards to the truck dock use, one 30-foot straight truck will arrive between 1:00AM and
3:00AM to deliver the newspapers Monday through Sunday at this facility, and a second truck arrives two
days a week (typically Monday, Friday, or Saturday) between 3:00PM and 5:00PM for the delivery of the
paper inserts, and
WHEREAS, All trucks will only be on site for a short time each to unload, and the trucks will be turned off
at these times, and
WHEREAS, Between 3:00AM and 7:00AM there will be 15-16 delivery drivers in their own vehicles (cars
and minivans) picking up their papers for local delivery and each driver will be on site for about 10 to 15
minutes, and
WHEREAS, Each local delivery driver must turn off their vehicles while loading/parked on this property,
and
WHEREAS, The narrative states that there will be one full-time employee (there until noon each day of
the week) and two part-time “assemblers” only there two days a week from 3:00 PM to 7:00 PM, and
d
WHEREAS, The height of the structure is limited to 35 feet by the current zoning and the structure meets
this requirement, and
WHEREAS, The front and side building elevations contain a 2-½ foot high split-face CMU belt line, and
WHEREAS, The majority of the remainder of the front elevation is “Hanson” St. Augustine brick with a
34 square foot area of cement board siding, and
WHEREAS, The front elevation also includes vinyl shake siding (“Desert Sand” in color) in the exposed
gable roof end over the main entry, and
WHEREAS, The remainder of the side elevations are composed mostly of cement board siding
(“Savannah Wicker” in color) with limited brick and split-face CMU areas.
WHEREAS, The brick on the elevations equals about 87% of the front elevation, the southwest side
elevation shows about 34% masonry product, and the northeast side elevation shows about 52%
masonry product, and
WHEREAS, The rear building elevation is proposed to be 100% split face blended colored masonry
block colored to match the colors of the other elevations, and
WHEREAS, All of the cement board siding should be replaced with the “Hanson” St. Augustine brick to
keep the three main elevations of the building consistent in materials, and
WHEREAS, The building elevations show colors that will compliment each other, consistent with the
General Design Guide, and
WHEREAS, The structure also includes architectural elements such as decorative framed windows, pre-
cast concrete sills above the brick line, dimensional shingles, varying colored bands of exterior materials,
decorative window headers, and a framed fronta pronounced entry, which appear to meet the intent of
the General Design Guide, and
WHEREAS, The design of the building is residential in character, which fits well with the residential uses
across Janesville Road, and
WHEREAS, Since this parcel is not a typical industrial park parcel due to its location, a commercial
and/or residential type look/design appears to be more appropriate here, and
WHEREAS, The truck dock has been relocated to the back corner of the building and is covered and
recessed into the building, and
WHEREAS, There will be minimal use of the truck dock as the maximum of one to two trucks a day will
use the dock, and
WHEREAS, 28 Twelve (12) parking stalls are shown for the building with one (1)two being for handicap
use, and said parking stalls appear to meet the parking requirements for industrial uses, based on the
site operations being proposed, and
WHEREAS, The site is shown having curbing, except for the area that is going to be expanded in the
future, and
WHEREAS, All parking stalls are shown as 10 feet by 20 feet in size, and
WHEREAS, Vehicular access is depicted with one access points off of Janesville Road and Waukesha
County approval is pending for this access points, and
WHEREAS, General signage is depicted as a monument sign and a wall signs on the north façadeNo
signage is depicted at this time and all signage but more signage will require permits and approval
through the Planning Department and/or the Plan Commission, and
WHEREAS, A photometric plan and lighting details (fixture types) have been submitted as part of the
BSO and the proposed lighting is in conformity with the City’s design guidelines, and
WHEREAS, A landscape plan is part of the submittal and there are some changes/additions required,
and
WHEREAS, Stormwater Management is required as part of this development and there are some
needed changes to the Engineering plans that can be addressed before building permits can be issued,
and
WHEREAS, A split-face masonry block dumpster enclosure matching the building colors is shown along
the rear lot line, and
WHEREAS, An A/C unit is shown with landscape screening tucked in the front corner of the building, but
no other mechanical devices are shown at this time (i.e. electrical transformers, other HVAC devices,
etc.).
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan submitted May 23by Kuehn Enterprise, LLC located in the NE ¼ of Section 17.
BE IT FURTHER RESOLVED, That any proposed change of use or user for this building must first
receive approvals from the Plan Commission and/or Planning Department through a BSO amendment.
BE IT FURTHER RESOLVED, That due to questions about the proper zoning of this property due to its
location, B-2 zoning appears to be more appropriate, while still allowing the proposed use by the Journal
Sentinel.
BE IT FURTHER RESOLVED, That the petitioner shall request for a rezoning from M-2 to B-2 and said
rezoning process shall be carried out before occupancy can be granted for the use of this new building.
BE IT FURTHER RESOLVED, That the Plan Commission feels that with the B-2 zoning, office type uses
are the most appropriate for the remainder of this property given the location of the residential in the
area and the developing commercial/retail corridor to the east of this property.
BE IT FURTHER RESOLVED, Each local delivery driver and the main delivery driver must turn off their
vehicles while loading/unloading/parked on this property.
BE IT FURTHER RESOLVED, That all of the cement board siding needs to be replaced with the
“Hanson” St. Augustine brick to keep the three main elevations of the building consistent in materials,
and
BE IT FURTHER RESOLVED, That the berm and the landscaping between Janesville Road and the
drive aisle needs to be expanded to the northeast all of the way to the main site entrance and also
expanded on the opposite side of the drive entrance.
BE IT FURTHER RESOLVED, That the additional berm with landscape screening must go all of the way
to the northeast to where the street trees are proposed to go to and street trees should also be placed
within all of these berm areas where there are lower growing shrubs/bushes.
BE IT FURTHER RESOLVED, That the specific height of the berm must be approved by the Planning
Department before building permits can be issued.
BE IT FURTHER RESOLVED, The berm and landscaping cannot be located within the right-of-way and
must be relocated out of that area on the revised landscape plan at the time of building permits.
BE IT FURTHER RESOLVED, That all Dogwood trees shown on the landscape plan be replaced
with Evergreen trees or year round covered plants.
BE IT FURTHER RESOLVED, That a wall or other screening be added to the north side of the
loading dock contingent on staff approval.
BE IT FURTHER RESOLVED, That the windows/trim on the side elevations need to be the same
decorative windows/trim as used on the front elevation.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices,
electrical transformers, etc.) shall be screened from view and/or incorporated into the design of the
site/structure (screening, etc.) and should be approved by the Planning Department.
BE IT FURTHER RESOLVED, That the electrical transformer(s) must be placed at least as far back form
the road as the front edge of the building.
BE IT FURTHER RESOLVED, That formal approval from Waukesha County is required for any access
points on Janesville Road before building permits can be issued.
BE IT FURTHER RESOLVED, That all lighting must be high-pressure sodium.
BE IT FURTHER RESOLVED, That all signage will require Plan Department and/or Plan Commission
approval and permits.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal
structure.
BE IT FURTHER RESOLVED, That all handicap signs be incorporated into bored bollards.
BE IT FURTHER RESOLVED, That no outdoor storage of any type is allowed on the site including, but
not limited to, dumpsters, pallets, supplies, materials, and racking.
BE IT FURTHER RESOLVED, That depending on the exact slope area around the truck dock, additional
fencing/rails may be required at the direction of the Planning Department at final occupancy time.
BE IT FURTHER RESOLVED, That revised Engineering drawings need to be re-submitted reflecting the
new plan and all Engineering comments must be addressed before building permits can be issued.
BE IT FURTHER RESOLVED, That all landscaping must be installed before occupancy can be granted.
BE IT FURTHER RESOLVED, That a formal Fire Department review in regards to Fire Code
requirements is required based upon the new submittal and if any concerns arise they must be addressed
before building permits can be issued.
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 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 RESOLVEDWHEREAS, Plan Commission stipulated in Resolution #P.C. 113-2007
tThat an annual review will be completed on the lot property during the month of March, after the
completion of the structure, until a time in which the Planning Commission would agree to waive such an
annual review for the first two years.
WHEREAS, The building was completed and opened in 2008 and since the opening there have been no
complaints placed with the Planning Department relating to the uses on this property, and
WHEREAS, A site inspection was completed on February 23, 2010p and the site was found in
compliance with the exception of one minor item, and
WHEREAS, The only item identified on site related to some landscaping that was dead or dying and a
letter was sent to the property owner advising them that this landscaping needed to be replaced this
spring.9…
THEREFORE BE IT RESOLVED, The Plan Commission approved of the annual review for Kuehn
Enterprise, LLC. located in the NE ¼ of Section 17 (Mercury Drive & Janesville Road / Tax Key No.
2225.999.012),
BE IT FURTHER RESOLVED, That all dead or dying trees/shrubs must be replaced according to the
approved landscape plan this spring.
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BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
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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.
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Plan Commission
City of Muskego
Reconsidered: January 15, 2008
Adopted: March 16, 2010December 4, 2007March 20, 2007
Defeated:
Deferred:
Introduced: DecemberMarch 420, 2007March 16, 2010
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ATTEST: Kellie RenkMcMullen, Recording Secretary