PCR1999132CAMENDED
RESOLUTION #P.C.~132C-99
APPROVAL OF BUILDING SITE ANDOPERATION PLAN FOR
PHASE ONE OF DREAMLAND PLANNED UNIT DEVELOPMENT FOR JEWEL OSCO,
AMERICAN STORES PROPERTIES, INC. , PETITIONER AND DREAMLAND
INVESTORS LLC, DEVELOPER AT THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF JANESVILLE ROAD AND MOORLAND ROAD
(Part of Tax Key No. 2167.995)
WHEREAS, Plans were submitted by Attorney John Finerty on behalf of
American Stores Inc. (Petitioner) for a building, site and operation plan for a
commercial development at the Dreamland Planned Unit Development property located
at the northeast corner of Janesville Road and Moorland Road on October 22, 1999,
and amended Januarv 13. 2000, amended Januarv 24. 2000, and amended Januarv
27.2000, and Februarv 01,2000. and
WHEREAS, Said property is currently zoned 6-2 Local Service Center District,
RSE Suburban Estate District, and RS-1 Suburban Residence District, and the
Common Council has adopted Resolution #130-98 establishing the present intent to
rezone the subject property to 6-3 General Business District, RSM Multiple Family
Residence District, and OPD Planned Development Overlay District, and
WHEREAS, Said property is currently occupied by a farm house and agricultural
outbuildings, and all structures are proposed to be razed as a part of this development,
and
WHEREAS, The Plan Commission has approved a conceptual Business Site
and Operations Plan for the subject property by Resolution #P.C. 124-98
WHEREAS, Said property is subject to the guidelines identified in the Muskeao
Desian Guide, as adopted by the Plan Commission by Resolution #P.C. 244-97, and
WHEREAS, Petitioner requests approval for a 62,000 square foot commercial 1 building, being phase one of a proposed 4@3+W& 92,540 square foot strip mall, and
the approved concept plan calls for a 57,000 square foot building being a part of a
95,000 square foot strip mall, and
WHEREAS, The structure as proposed meets the height, setback, and offset
requirements of the Zoning Code for structures in the 6-3 zoning district, and
WHEREAS, The proposed uses of the structure include a grocery store, drug
store featuring drive up service, convenience banking, liquor store, and related
ancillary goods and services, said uses are permitted in the 6-3 General Business
District, and
WHEREAS, The Muskeqo Design Guide requires structures to be designed 0 utilizing four sided architecture, and the structure as -amended does not
represent four sided architecture, and the Plan Commission recoqnizes that the east
elevation will be modified by the future construction of an attached strip mall, and
WHEREAS, The Muskeqo Design Guide requires structures to be designed
giving consideration for their surroundings, and the Plan Commission believes that this
requires all commercial developments to carry forward residential design themes
consistent with Muskego's suburban residential setting, and the petitioner has modified
the proposed structure 1 to incorporate hip
roofs as a method of carwinq forward this theme.
WHEREAS, The Muskeqo Desiqn Guide requires all mechanical installations to
be screened from public view, and this submittal does not identify the location or
screening mechanisms to be utilized, and
WHEREAS, The Plan Commission desires to see a uniform sign plan for the 0 entire Dreamland Development which provides unity of design, which avoids
unnecessary sign clutter, and which provides for an aesthetic arrangement of
information, and petitioner has submitted a plan attached hereto, and
WHEREAS, Three access locations are illustrated, with one access point to
Moorland Road, two access points to Janesville Road, and the first phase of the
development proposes to constructfl all three
entrances, and
WHEREAS, All access locations are subject to Waukesha County Department of
Transportation approval, and
WHEREAS, The adopted bike path plan for the City of Muskego identifies
Janesville Road and Moorland Road as a proposed routes, ;tnd--ne--tiOn--of p, and this plan illustrates the installation of a bike path
on Janesville Road frontaqe. and
WHEREAS, Parking for 371 vehicles is proposed, and said number of parking
stalls exceeds the minimum requirements of the Zoning Code, and
WHEREAS, The Muskeao Desiqn Guide requires parking areas to be enhanced 0 with landscaped areas containing tree and shrub groupings, and the approved
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conceptual BSO Plan for the Dreamland PUD included one planting island between 0 1 every ten parking spaces, 7, and
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WHEREAS, The Muskego Design Guide requires cross access easements for
commercial properties, and Re-.such access easements arehave been illustrated &
sketch certified survey map approved by Resolution #PC 008-2000. for the properties
located to the southwest of this proposal, and
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WHEREAS, No outdoor refuse collection or storage is proposed, and all refuse I is proposed to be accommodated by internal compactors which are serviced6 daily, and
WHEREAS, Lighting is proposed in the form of seveftsixtv-four fixtures mounted 1 on 35afoot high poles, foFt~-one--fixkrfes-~~~~-~~..~~--hles, and niflte-m
building-mounted fixtures at a height of 15 feet, and said lighting plans do not meet the
requirements of the Muskeao Desian Guide which limits the total height of light fixtures
lncludlng pole to 15 feet or the height of the roof line, whichever is less, and 0"
WHEREAS, The lighting plan as submitted &esP&has been reviewed bv the
Citv's consultina enaineers. and said plans demonstrate the absence of light trespass
on surrounding properties, and
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WHEREAS, With regards to specific operations, Petitioner indicates that the
desired hours of operation for the grocery store are 6:OO a.m. to Midnight, seven days
per week, with the option of expanding operations to 24 hours per day seven days per
week if market conditions warrant, and
WHEREAS, With regards to specific operations, Petitioner indicates that the
desired hours of operation for the drive-thru pharmacy are 24 hours per day seven
days per week, and
WHEREAS, With regards to specific operations, the Muskeao Desian Guide
places great emphasis on exterior appearances, Petitioner proposes no permanent
outdoor sales and storage-, and
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WHEREAS, Petitioner proposes a seasonal outdoor sales area beina 900
square feet in size to be operated by the manaqement of Jewel-Osco without lease to
outside vendors, with said area operatinq between April 1* and June 30th of each
calendar year. with hours not exceedinq 7:OO a.m. to 7:OO Dm. each day. without
additional liahtinq. without use of amplified speakers or paqina systems. and without
additional sianaqe, and
WHEREAS, Petitioner has not submitted all required grading, erosion control,
storm water management, sanitary sewer, water main plans for review and approval by
the Public Works Committee and Public Utilities Committee.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
building, site and operation plan submitted October 22, 1999 and amended Januaw 13,
2000 and Januaw 24, 2000 and Februaw 1, 2000 by Attorney John Finerty on behalf
of American Stores Inc. (Petitioner) for a building, site and operation plan for a 62,000
square foot Jewel / Osco commercial development atbeinq Phase 1 of the Dreamland I
Planned Unit Development property located at the northeast corner of Janesville Road
and Moorland Road.
BE IT FURTHER RESOLVED, That with this approval, the Plan Commission
renews its prior approval of an amendment to the 2005 Comprehensive Plan for the
subject parcel as detailed in Resolution PC #54-98.
BE IT FURTHER RESOLVED, That the Plan Commission affirms its
recommendation for s the approval of the rezoning of the subject property in phase 1 of
the Dreamland PUD to 6310PD. I
BE IT FURTHER RESOLVED, That this approval is contingent upon the
Common Council’s approval of the rezoning of phase 1 of Dreamland PUD to 8-3 I
OPD. Failure by the Common Council to approve the rezoning shall result in this
Resolution being null and void.
BE IT FURTHER RESOLVED, That this approval is subject to the Public Utilities
Committee approval a modification to the Water Capacity Assessment District
boundaries, and receipt and approval of sanitary sewer plans and water main plans to
serve the proposed development. Failure to obtain approval for any public improvement
required by this submittal shall require petitioner to reappear before the Plan
Commission for reconsideration of this approval.
BE IT FURTHER RESOLVED, That this approval is subject to the Public Works
Committee approval of grading, drainage, stormwater management, and bike path
plans to serve the proposed development. Failure to obtain approval for any public
improvement required by this submittal shall require petitioner to reappear before the
Plan Commission for reconsideration of this approval
BE IT FURTHER RESOLVED, That this approval is subject to the approval of all
access locations and bike path routes by the Waukesha County Department of
Transportation. Failure to obtain approval for any access location illustrated on this
submittal or any bike path route approved by the Public Works Committee shall require
petitioner to reappear before the Plan Commission for reconsideration of this approval.
BE IT FURTHER RESOLVED, That store hours shall be permitted but are not
required to include 24 hour per day operations. That delivew hours and trash
collection hours will not be qreater than 6:OO a.m. to 1O:OO P.m. or equal to
recentlv approved qrocew uses, if less strinqent.
BE IT FURTHER RESOLVED, That any land division of the parcel currently
known by Tax Key Number 2167.995 be accomplished by Certified Survey Map in
accordance with Chapter 18 of the Municipal Code, and shall require separate review
and consideration by the Plan Commission. Nothing in this Resolution shall be
construed as an approval of a land division for the Dreamland site, either expressed or
implied.
BE IT FURTHER RESOLVED, That this approval applies to Only the first phase
of the Dreamland Planned Unit Development consisting of a 62,000 square foot
commercial building and related parking, loading, landscaping, lighting, and signage,
as detailed herein. All future phases of the Dreamland PUD shall require separate
review and approval by the Plan Commission. Nothing in this Resolution shall be
construed as an approval of a future phases for the Dreamland site, either expressed
or implied.
BE IT FURTHER RESOLVED, If prior to or durina construction of Phase 1 (e.a
the 62,000 square foot Jewel-Osco) petitioner receives approval for and commences
construction of Phase 2 consistinq of the attached strip mall, petitioner shall be relieved
of the obliaation to install face brick and split face block in areas which directly abut
Iwall-to-wall) the second phase of construction. In any event, if petitioner has not
received approval for Phase 2. or has received approvals but has not commenced
construction, petitioner shall construct the wall per approved plans prior to receipt of an
occupancy permit for Phase 1.
BE IT FURTHER RESOLVED, That by passage of this Resolution the Plan
Commission finds the architectural theme and quality of design to be consistent with
the purpose and intent of the Muskeqo Desiqn Guide.
BE IT FURTHER RESOLVED, That the screenina of roof top mechanicals be
completed to the satisfaction of the Planninq Director prior to issuance of
occupancy Dermits.
BE IT FURTHER RESOLVED. That the all spandrel alass shall be illuminated
with shielded downcast exterior fixtures ba6k-M to present a storefront appearance
durina all business hours.
BE IT FURTHER RESOLVED, That by passage of this Resolution, the Plan
Commission finds the exterior site lighting to be consistent with the standards found in
the Muskeao Desiqn Guide and approves the use of 20 foot poles. provided that said
poles are mounted on bases which do not protrude more than 6 inches above arade.
BE IT FURTHER RESOLVED, That no additional outdoor illumination includinq
devices such as strobe liahts mounted on securitv cameras may be constructed
without grant of an amendment to this Business Site and Operation Plan.
BE IT FURTHER RESOLVED, That by passage of this resolution, the Plan
Commission finds the landscaping treatments to be consistent with the standards found
in the Muskeao Desian Guide.
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BE IT FURTHER RESOLVED, That the Plan Commission approves of the
seasonal garden center as described in this Resolution.
BE IT FURTHER RESOLVED, That *outdoor sales and storage of goods
and materials shall not be permitted without an amendment to this approved BSO Plan.
BE IT FURTHER RESOLVED, That the Plan Commission approves a sign plan
for the Dreamland PUD as illustrated in the attached exhibit, and amended to require
15 mm red neon tubinq for illumination GoRsisting o#-the--following;- a.-K?@-squaFe-#oQt
4
herein shall require Plan Commission review and approval prior to installation.
BE IT FURTHER RESOLVED, That as a component of a phased Planned Unit
Development. at the call of the Plan Commission Chairman, the operations subject to
this BSO Plan approval may be subject to further review by the Plan Commission, and
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any future operations which are inconsistent with this approving Resolution may be a subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the
Building Department and that all aspect 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 andlor asphalting, a bond, letter of credit or cashiers check
equal to twice the value of said costs must be submitted to the Planning Department. I i
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.
I
THEREFORE BE IT FURTHER RESOLVED, That additional hip roof
components be added to western loadinq dock.
Plan Commission
City of Muskego
~ a I Approved 02-01 -00
I Denied
Deferred 1 1-2-99 12-07-99
01 -04-00 01 -1 8-00
1 Introduced: 11 -2-99
ATTEST: d d.
w24eQQ
Sandi Asti. Recording Secretarv
0
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