PCR20010800 AMENDED RESOLUTION #P.C. 080-2001 I
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR KOHLS
DEPARTMENT STORE, AND AMENDMENT TO THE APPROVED
DREAMLAND PLANNED DEVELOPMENT DISTRICT LOCATED IN THE SW 'A
OF SECTION 2 (PART OF TAX KEY NO. 2167.995 / JANESVILLE ROAD).
WHEREAS, On January 9,2001 the Common Council approved Phase 1 of the
Dreamland Planned Development District, consisting of a 62,000 square foot
commercial building to be occupied by Jewel-Osco consistent with Plan
Commission approvals granted by Resolution #PC 132c-99, and
WHEREAS, Future phases of the Dreamland Planned Development District have
been conceptually approved for
Strip retail consisting of a 17,000 square foot single tenant commercial
building, and a 13,540 square foot multi-tenant commercial building,
Three Outlots consisting of a 6,000 square foot commercial building, an
8,000 square foot commercial building, and a 6,000 square foot
commercial building, respectively,
150 units of multiple family senior housing, consisting of three 32 - unit
structures and two 27 - unit structures.
a And said future Phases will require Building Site and Operation Plan approvals
prior to commencing any construction activity related thereto, and
WHEREAS, On April 3, 2001 conceptual plans were approved by the Plan
Commission, to amend the existing Building, Site and Operation plan of the
Dreamland Planned Development, more specifically to:
Eliminate all 150 units of multiple family housing from future phases,
Eliminate one outlot, thereby reducing the commercial floor area by at
least 6,000 square feet,
Reduce the size of the Jewel-Osco commercial building from 62,000
square feet to 57,500 square feet,
Increase the size of strip multi-tenant commercial space from 13,540
square feet to 15,080 square feet,
Increase the size of single tenant commercial space from 17,000 square
feet to 86,600 square feet to accommodate a Kohl's Department Store,
and
WHEREAS, Upon recommendation of the Plan Commission, the Common
Council has determined the approved conceptual plan to be a substantial change
to the approved Dreamland Planned Development District, and a public hearing
on the matter has been scheduled for July 10,2001, and
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0 WHEREAS, On May 25, 2001 revised Site Plans, Landscaping Plans, and
Photometrics Plans for the Dreamland Planned Development were submitted by
National Survey and Engineering, and
WHEREAS, On May 25, 2001 Architectural elevations were submitted by
Schroeder and Holt, which include revisions to the approved Jewel Osco, and
those elements pertaining to the operations and architecture of the Jewel Osco
are addressed by Resolution #PC 081 -2001, and
WHEREAS, On May 25,2001 a revised Traffic Impact Analysis was Submitted by
Gewalt Hamilton, and
WHEREAS, On May 25, 2001 a revised Certified Survey Map was submitted by
Friebert, Finerty, and St. John, and this request is addressed by Resolution #PC
082-2001, and
WHEREAS, On May 25,2001 a request to amend the 2010 Comprehensive Plan
was submitted by National Survey and Engineering, and this request is
addressed by Resolution #PC 083-2001, and
WHEREAS, On May 25, 2001 a request for rezoning encompassing 6.99 acres
of land was submitted by National Survey and Engineering, and this request is
addressed by Resolution #PC 084-2001, and a WHEREAS, The Public Works committee and Common Council have approved
all grading, storm water management, and private street plans for the approved
Dreamland Phase 1, and said plans may not adequately address the service
needs of the amendments submitted May 25,2001
WHEREAS, The Public Utilities Committee and Common Council have approved
all water main and sanitary sewer plans for the approved Dreamland Phase 1,
and said plans may not adequately address the service needs of the
amendments submitted May 25,2001
WHEREAS, The Finance committee and Common Council have approved, and
the Mayor and Clerk-Treasurer have duly executed, a Developers Agreement to
address the construction of all improvements required for Dreamland Phase 1,
and said agreement may not adequately address the development parameters of
the amendments submitted May 25,2001, and
WHEREAS, The Finance Committee and Common Council have approved, and
the Jewel Food Stores Inc. has tendered, a Letter of Credit in the amount of
$1,872,055.00 to secure their obligations as described in the approved
Developers Agreement for Dreamland Phase 1, and said Letter of Credit may not
provide adequate security to address the scope of improvements required by the
amendments submitted May 25,2001, and 0
Resolution #PC 080-2001
Page 3 of I
0 WHEREAS, The property is subject to the provisions of the Downtown Design
Guide, which has been duly adopted as a component of the 2010
Comprehensive Plan, and the provisions of said Guide include but are not limited
to the requirement for four sided architecture with a residential design theme, and
WHEREAS, The structures as proposed meets the height, setback, and offset
requirements of the Zoning Code for structures in the 8-3 General Business
district, and
WHEREAS, The proposed uses of the structure include a grocery store, drug
store featuring drive up service, convenience banking, liquor store, retail, and
related ancillary goods and services, said uses are permitted in the 8-3 General
Business District, and
WHEREAS, Phasing has been amended to be:
PHASE 1 86,600 square foot Kohls Department Store, All site access
drives, and a minimum of 503 parking stalls and relating landscaping and
lighting, berming and perimeter landscaping
0 PHASE 2 57,500 square foot Jewel Osco, and a minimum of 399
parking stalls and relating landscaping and lighting,
0 PHASE 3 15, 080 square foot strip mall,
LATER PHASES Development of outlots,
0
and,
WHEREAS, With regards to specific operation, Kohls desires to operate
between the hours of 9:00 am to 1O:OO pm Monday - Friday, 8:OO am to 1O:OO
pm Saturdays, and 1O:OO am to 7:OO pm Sundays, with extended or revised
hours during holiday seasons or as market conditions warrant, and
WHEREAS, With regards to shipping, receiving, and refuse removal, no specific
hours have been established by the petitioner, and
WHEREAS, With regards to specific operations, the Muskeqo Desiqn Guide
places great emphasis on exterior appearances, Petitioner proposes no
permanent outdoor sales and storage areas, and
WHEREAS, The Muskeqo Desiqn 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 portions of the proposed structures to incorporate hip roofs as a
method of carrying forward this theme, and
WHEREAS, The Muskeqo Desiqn Guide requires structures to be designed
giving consideration for their surroundings. and the Plan Commission believes
that this requires all commercial developments to incorporate design elements
which reduce the appearance of building length and mass, and the petitioner has
modified portions of the proposed structures to incorporate pilasters as a method
Resolution #PC 080-2001
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a of carrying forward this requirement, and
WHEREAS, The proposed pilasters on the Jewel Osco structure are unadorned
vertical elements, while the proposed pilasters on the Kohls elevations are
enhanced with horizontal banding, and the Plan Commission finds that the
horizontal banding compromises the desired effect of reducing the appearance of
building length and mass, and
WHEREAS, The Muskeao Desian 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 architectural plans for Jewel Osco, approved by Resolution #PC
132C-99, depict all awnings to be constructed of burgundy canvas with black
turnbuckles, and the May 25, 2001 submittal depicts awnings to be pre-finished
forest green metal on Kohls elevations, and pre-finished red metal on Jewel
Osco elevations, and the Plan Commission finds that this proposal is inconsistent
with the previously approved design elements, and
WHEREAS, The Muskeqo Desiqn Guide requires structures to be designed
utilizing four sided architecture, and the structure as amended does not represent
four sided architecture, and the Plan Commission recognizes that the east
elevation of Kohls and the west elevation of Jewel will be modified by the future
construction of an attached strip mall, and the Plan Commission is receptive to
minimizing the architectural enhancements to these elevations under certain
terms and conditions. and
WHEREAS, The site plans depict "Future Building Expansion" areas for both
Kohls and Jewel, and said expansions are not reviewed or approved as a part of
this Resolution, and
WHEREAS, Access is proposed in the form of a fully signalized ingresslegress at
the southeast corner of the development, a fully signalized ingresslegress at the
northwest corner of the development, and a right-in / right-out ingresslegress at
the south-central portion of the development, and all access drives and roadway
enhancements are under the jurisdiction of the Waukesha County Department of
Transportation, and
WHEREAS, The Muskeao Desian Guide requires cross access easements to
adjoining parcels, and said access points are depicted on the site plan and
Certified Survey Map, as detailed in Resolution #PC 082-2001, and
WHEREAS, A service road is depicted to the east and north of the proposed
structures to facilitate shipping and receiving, and the plan depicts one way,
counter-clockwise traffic flow, as required by Plan Commission Resolution #PC
132C-99, in order to eliminate noise associated with articulated tractors
accelerating up gradient to Janesville Road, and 0
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Resolution #PC 080-2001
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0 WHEREAS, The amended Plan encompasses 902 parking stalls, and said
number exceeds the standards established by the Zoning Ordinance, and
WHEREAS, The revised Traffic Impact Analysis indicates a level of service
deficiency resulting from the full build-out of the amended Dreamland Planned
Development District and all requirements relating to roadway enhancements are
under the jurisdiction of the Waukesha County Department of Transportation,
and
WHEREAS, The adopted bike path plan for the City of Muskego identifies
Janesville Road as a proposed route, and this plan illustrates the installation of a
bike path on Janesville Road frontage, and
WHEREAS, All ingress I egress points have been depicted with the necessary
vision corners, and all such areas are free of obstructions are required by the
Zoning Code, and
WHEREAS, A significant amount of landscaping is proposed, including
foundation planting, perimeter plantings, berming, and interior parking lot
plantings, and the planting specifications meet all requirements of the Muskeqo
Desiqn Guide, and
WHEREAS, The amended Photometric Plans depict an absence of light trespass
at all property lines, with the exception of the Moorland Road ingress / egress
point where cross access easements are provided to the adjoining property, and
WHEREAS, The amended Photometric Plans depict a 20 foot maximum overall
fixture height from gradde, as approved by Resolution #PC 132C-99, and I
WHEREAS, The height of concrete bollards associated with the light poles is not
identified, and the Muskeqo Desiqn Guide limits the bollard height to a maximum
of 6 above grade, and
WHEREAS, Cut sheets have not been provided for the lighting fixtures, and the
Muskeqo Desisn Guide requires the use of high pressure sodium fixtures with full
cut-off and zero-degree tilt, and
WHEREAS, Kohls requests one wall sign totaling 195 square feet in area, being
comprised of channel set letters, white faced and white illuminated, and
WHEREAS, Two monument signs are proposed, being 10 feet in height and 40
square feet in area per side, limited to display of anchor tenant names, and
comprised of materials identical to the proposed structures, and
WHEREAS, The Plan Commission desires to see a uniform sign plan for the
entire Dreamland Development which provides unity of design, which avoids
unnecessary sign clutter, and which provides for an aesthetic arrangement of
a
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Resolution #PC 080-2001
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a information, and a sign plan for the multi-tenant strip mall has not been
submitted, and
THEREFORE BE IT RESOLVED; That the Plan Commission approves a
Building Site and Operation Plan for Kohl's Department Store, and an
amendment to the approved Dreamland Planned Development District, more
specifically to:
Eliminate all 150 units of multiple family housing from future phases,
Eliminate one outlot, thereby reducing the commercial floor area by at
least 6,000 square feet,
Reduce the size of the Jewel-Osco commercial building from 62,000
square feet to 57,500 square feet,
Increase the size of strip multi-tenant commercial space from 13,540
square feet to 15,080 square feet,
Increase the size of single tenant commercial space from 17,000 square
feet to 86,600 square feet to accommodate a Kohl's Department Store,
and recommends the same to the Common Council.
BE IT FURTHER RESOLVED, That this approval is granted specifically for the
86,600 square foot Kohls Department Store, and the general site plan,
landscaping plan, and photometric plan for the amended Dreamland Planned
Development District. Additional Building Site and Operation Plan approvals are
required for construction of the 15,080 square foot strip mall, and any
construction on an outlot within the Planned Development District.
BE IT FURTHER RESOLVED, Development phasing is approved as:
e
s PHASE 1 86,600 square foot Kohls Department Store, All site access
drives, and a minimum of 503 parking stalls and relating landscaping and
lighting, berming and perimeter landscaping
PHASE 2 ' 57,500 square foot Jewel 0x0, and a minimum of 399
parking stalls and relating landscaping and lighting,
PHASE 3 . 15, 080 square foot strip mall,
LATER PHASES Development of outlots.
BE IT FURTHER RESOLVED, Hours of operation of Kohls Department Store
are approved as requested, being the hours of 9:00 am to 1O:OO pm Monday -
Friday, 8:OO am to 1O:OO pm Saturdays, and 1O:OO am to 7:OO pm Sundays, with
extended or revised hours during holiday seasons or as market conditions
warrant.
BE IT FURTHER RESOLVED, Outdoor sales and storage is prohibited,
BE IT FURTHER RESOLVED, That deliveries, refuse removal, shipping, and
receiving are limited to the hours of 6:OO am to 1O:OO pm daily. Traffic flow of all
deliveries, refuse removal, shipping, and receiving is required to be in a counter- 0
Resolution #PC 080-2001
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0 clockwise pattern, entering from Janesville Road at the southeast corner of the
site, and exiting at the northwest corer of the site to Moorland Road.
BE IT FURTHER RESOLVED, That amended Photometric Plans shall be
submitted to the Planning Department prior to release of Building Permits. Said
amendments shall include fixture specifications and cut sheets which
demonstrate compliance with the Muskeqo Desiqn Guide, and which verify that
the maximum bollard height is 6" above grade.
BE IT FURTHER RESOLVED, That the 195 square foot wall sign for Kohls
Department Store, and two monument signs identifying the two anchor tenants of
the Dreamland Planned Development District, are approved as submitted.
BE IT FURTHER RESOLVED, That a Uniform Sign Plan must be submitted in
conjunction with the Building Site and Operation Plan for the 15,080 square foot
strip commercial building, identified as Phase 3.
BE IT FURTHER RESOLVED, Two additional pilasters shall be constructed on
the north elevation of the Kohls Department Store, as depicted in the exhibit
labeled "Supplement #PC 080-2001 Recommended Architectural
Enhancements" as prepared by the Planning Department. Said pilasters shall be
incorporated on final plans to be submitted prior to receipt of Building Permits.
BE IT FURTHER RESOLVED, That the pilasters to be constructed on the Kohls
Department Store shall not include horizontal banding elements. Said pilaster
refinements shall be incorporated on final plans to be submitted prior to receipt of
Building Permits.
e
BE IT FURTHER RESOLVED, That an additional hip roof and aluminum panel
element shall be added to the east elevation in proximitv to the exit door, as
depicted in the exhibit labeled "Supplement #PC 080-2001 Recommended
Architectural Enhancements" as prepared bv the Planninq Department. Said
elements shall be incorporated on final plans to be submitted prior to receipt of
Buildinq Permits.
BE IT FURTHER RESOLVED, Areas depicted as "Future Expansion Areas" are
not a part of this approval and will require separate Building Site and Operation
Plan submittal, review and approval prior to issuance of any permits related
thereto.
0 BE IT FURTHER RESOLVED, All awnings are to be constructed of burgundy
canvas with black metal turnbuckles as depicted in plans approved for Jewel
0x0 by Resolution #PC 132C-99.
Resolution #PC 080-2001
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BE IT FURTHER RESOLVED, Masonry and accent band colors, material
specifications and sizes, "Dtyvit" colors and textures, and finishes are to be
identical to the materials approved for Jewel Osco by Resolution #PC 132C-99. 0
BE IT FURTHER RESOLVED, The proposed Kohls Department Store is
anticipates to be constructed as Phase 1 of the Planned Development District. If
-Phase 3 consisting of the 15.080 square foot
attached strip mall, is constructed concurrent with Phase 1, petitioner shall be
relieved of the obligation to install face brick and split face block in areas which
directly abut (wall-to-wall) the third phase of construction. In any event, if
petitioner has not received approval for Phases 3, or has received approvals but I
has not commenced construction, petitioner shall construct the wall per approved
plans prior to receipt of an occupancy permit for Phase 21, I
BE IT FURTHER RESOLVED, That additional landscapinq in the Kohls future
expansion area, and interim landscapinq plans for future Phases 2 and 3 shall be
submitted for review and approval bv the Plan Commission prior to release of
buildinq permits.
BE IT FURTHER RESOLVED, That this approval is subject to receipt of access
permits from the Waukesha County Department of Transportation, and
petitioner's adherence to the terms and conditions of said permits, including but
not limited to the execution of third party Agreements.
BE IT FURTHER RESOLVED, That this approval is subject to Common Council
approval of a Certified Survey Map as detailed in Resolution #PC 082-2001
BE IT FURTHER RESOLVED, That this approval is subject to Common Council
approval of an amendment to the 2010 Comprehensive Plan, as detailed in
Resolution #PC 083-2001
BE IT FURTHER RESOLVED, That this approval is subject to Common Council
grant of rezoning of 6.99 acres of land as detailed in Resolution #PC 084-2001
BE IT FURTHER RESOLVED, That this approval is subject to Public Utilities
Committee approval of revised on-site and off-site sanitary sewer and water main
plans.
BE IT FURTHER RESOLVED, That this approval is subject to Public Works
Committee approval of revised grading, erosion control, and storm water
management plans.
BE IT FURTHER RESOLVED, That this approval is subject to Finance
Committee and Common Council approval of amendments to the Developers
Agreement between Jewel Food Stores Inc. a New York Corporation and the City
of Muskego, as executed February 25.2001
0
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Resolution #PC 080-2001
Page 9 of BW
BE IT FURTHER RESOLVED, That this approval is subject to Finance
Committee and Common Council approval of amendments to the securities
tendered on behalf of Jewel Food Stores Inc. a New York Corporation, dated
February 25,2001
BE IT FURTHER RESOLVED Upon satisfaction of the terms and conditions of
this Resolution, all terms and conditions of Resolution #PC 132C-99 are null and
void, except as otherwise referenced herein.
BE IT FURTHER RESOLVED, In the event the terms and conditions of this
Resolution are not met, the terms and conditions of Resolution #PC 132C-99
remain in full force and effect to the extent permitted by Section 17:6:12 of the
Zoning Ordinance.
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 any future operations which are inconsistent with this
approving Resolution may be 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 second lift of asphalting, a cash 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 prior to the release of buildinq permits,
petitioner shall submit a cash bond in an amount to be determined by the
Director of Buildinq and Enaineerinq for the purpose of screeninq all mechanicals
from public view. Within 30 days of the want of an occupancy permit. the Plan
Commission shall review the development to determine if mechanicals are
screened from public view. If the Plan Commission determines that said
mechanicals are adequatelv screened, the cash bond shall be returned to the
petitioner. If the Plan Commission determines that said mechanicals are not
adequately screened from view, petitioner shall submit revised construction
drawinqs to the Plan Commission for review and approval, which depict the
required screeninq. All screeninq reauired by the Plan Completed within 180
days of occupancy.
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0 BE IT FURTHER RESOLVED, That if occupancy is requested prior to
construction of Phase 3, or prior to the installation of face brick and split face
block in areas which directly abut (wall-to-wall) the third phase of construction, a
cash bond or cashiers check equal to twice the value of said costs must be
submitted to the Planning Department.
Plan Commission
City of Muskego
Adopted: June 5,2001
Defeated:
Deferred:
Introduced: June 5, 2001
ATTEST, Sandi Asti, Recording Secretary. 4.& A aek.