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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 Resolution #PC 080-2001 Page 2 of LpO 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 Page 4 of role 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 I Resolution #PC 080-2001 Page 5 of NW 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 0 Resolution #PC 080-2001 Page 6 of ale 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 Page 7 of LW 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 Page E of BN I 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 0 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. Resolution WC 080-2001 Page 10 of role 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.