PCR2010050
AMENDED
RESOLUTION #P.C. 050-2010
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR ACE HARDWARE
LOCATED IN THE NE ¼ OF SECTION 3 (COMMERCE PARKWAY / TAX KEY NO.
2169.999.002)
WHEREAS, Plans were submitted by MSI General on May 7, 2010 for a Building, Site and Operation
Plan for Elliott’s Ace hardware at the properties located in the NE ¼ of Section 3, and
WHEREAS, The petitioner is proposing to build a 21,648 square foot structure with a 7,700 enclosed
outdoor storage area, and
WHEREAS, The structure is to be built with four-sided architecture in mind and is complete with masonry
materials throughout, and
WHEREAS, The materials include almond colored E.I.F.S., 8” split face/smooth face block (colors: red
clay, desert castle, limestone), 4” burgundy brick, and decorative limestone veneer; Standing Seam
metal roofs and Insulated/spandrel glass elements are also found, and
WHEREAS, The structure mixes the many materials proposed along each façade with multiple bands
and altering colors, and
WHEREAS, A few changes to the architecture on the facades are recommended with this resolution, and
WHEREAS, Curbing is currently shown on the site, and
WHEREAS, The site layout meets the zoning requirements (height, setbacks, etc.) for both the existing
BP-1 district and the proposed B-3 zoning district, and
WHEREAS, Eighty-four (84) parking stalls are shown for the building, which meets City parking
ordinances, and
WHEREAS, All parking stalls are shown to meet the 10 foot by 20 foot size requirement, and
WHEREAS, All driving lanes are illustrated currently at 24 feet in width or larger, and
WHEREAS, Signage is proposed as one wall sign on the southern façade of the proposed structure, one
wall sign on the western façade, and one monument sign along Commerce Center Parkway, and
WHEREAS, All proposed signage meets the City’s sign ordinance requirements, and
WHEREAS, Lighting is proposed in the form of various pole and wall lighting that match the Intrepid
series lighting found along Commerce Center Parkway pole lights and the Wal-Mart pole lights across
the street, and
WHEREAS, A photometric plan is provided showing that the lighting meets the City’s 0.5 foot-candle
requirements with the exception of small bleeding over the western property line which will house
consistent future commercial uses anyhow, and
WHEREAS, A landscape plan has been submitted and the City Forester is reviewing the plan and will
forward any corrections, additions, and/or comments to the petitioner, and
WHEREAS, A great deal of landscaping has been proposed and appears to fit well with the
development, however a few changes are recommended per this resolution below, and
WHEREAS, Noise from mechanical units shouldn’t be an issue, however this resolution regulates noise
per below, and
WHEREAS, The operation hours of the store are generally:
Monday 7:30am – 8:00pm, Tuesday 7:30am – 8:00pm, Wednesday 7:30am – 8:00pm, Thursday 7:30am
– 8:00pm, Friday 7:30am – 8:00pm, Saturday 8:00am – 7:00pm, Sunday 9:00am – 5:00pm, and
WHEREAS, Deliveries are stated to only occur between Monday-Saturday and even shipments received
from daily carriers such as UPS and FedEx while a majority of their products come on their weekly Ace
shipment semi truck, and
WHEREAS, That employees arrive up to 30 minutes before open and stay no later than 30 minutes past
close, and
WHEREAS, A dumpster enclosure is shown to be constructed to the north of the building and the
enclosure is to be constructed with similar materials as the principal structure.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan for Ace Hardware at the property located in the NE ¼ of Section 3.
BE IT FURTHER RESOLVED, That this CSM approval is dependent on Council approval of the rezoning
as submitted under Plan Commission Resolution #048-2010 or the BSO Plan may require site plan
changes and a conditional use grant submittal.
BE IT FURTHER RESOLVED, That the addition of a stone veneer pillar be found around each side of
the front façade gate to the outdoor storage area to keep the distance of the current pillars on the front
façade consistent and that this should be shown in the building permit submittal plans.
BE IT FURTHER RESOLVED, That at least five of the stone veneer pillars be found along the east
façade consistently spread out and that this should be shown in the building permit submittal plans.
BE IT FURTHER RESOLVED, That the northwest and northeast corners of the structure shall be
“endcapped” with the stone veneer pillars similar to the southwest/southeast corners and that this should
be shown in the building permit submittal plans.
BE IT FURTHER RESOLVED, That the E.I.F.S. material on the front façade be replaced
with a material approved by staff.
BE IT FURTHER RESOLVED, That no mechanical unit noises directly associated from the Ace shall
exceed 50db at anytime from the surrounding property lines.
BE IT FURTHER RESOLVED, That the store will not be open before 7 am or after 9 pm without further
Planning Commission approvals.
BE IT FURTHER RESOLVED, That deliveries will not be allowed before 7 am or after 5 pm except
Tuesday before 6 am or after 5 pm AND no deliveries will occur on Sundays.
BE IT FURTHER RESOLVED, That trucks are required to shutdown engines during loading/unloading.
BE IT FURTHER RESOLVED, That pole lights must have bases that don’t exceed 6 inches in height.
BE IT FURTHER RESOLVED, That cross-access easements will need to be formally established and
recorded with the future commercial property to the west once approvals are gained for the western
property.
BE IT FURTHER RESOLVED, That City Forester approval of the landscape plan must be accomplished
prior to the issuance of building permits.
BE IT FURTHER RESOLVED, That more trees shall be included all along the western and eastern
property lines.
BE IT FURTHER RESOLVED, That additional future landscape islands are required along the western
parking lot every 10 or so parking stalls once a future access point to the property to the west is known.
BE IT FURTHER RESOLVED, No outdoor storage of dumpsters, pallets, supplies, materials, commercial
vehicles, equipment, and racking of any type will be allowed on this property with the exception of the
one truck parked in the rear truck dock for periodic deliveries, or plants/flowers found on the outdoor
landscape block tiered display areas.
BE IT FURTHER RESOLVED, All outdoor storage shall stay within the proposed outdoor storage area
and no materials shall be stacked above the outdoor storage area fence line.
BE IT FURTHER RESOLVED, That all bollards must be painted to match the colors of the principal
structure.
BE IT FURTHER RESOLVED, Any handicap signs must be incorporated into bored bollards.
BE IT FURTHER RESOLVED, That any changes to the operations of the business or any changes to the
exterior of the building/site will require Community Development Department and/or Plan Commission
approvals.
BE IT FURTHER RESOLVED, That upon building permit submittal review a grading easement may be
required along the western lot line in order to assure that a future development to the west can
aesthetically tie into the ACE site and reduce the slopes proposed here.
BE IT FURTHER RESOLVED, That any retaining wall must match the colors of the structure and shall
use a decorative split faced material.
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: June 1, 2010
Defeated:
Deferred:
Introduced: June 1, 2010
ATTEST: Kellie McMullen, Recording Secretary