PCR2001081a AMENDED RESOLUTION #P.C. 081-2001
APPROVAL OF AN AMENDMENT TO A BUILDING, SITE AND OPERATION
OF THE DREAMLAND PLANNED DEVLEOPMENT DISTRICT LOCATED AT
THE NORTHEAST CORNER OF JANESVILLE ROAD AND MOORLAND ROAD
(PART OF TAX KEY NO. 2167.995)
PLAN FOR THE ALBERTSON’S JEWEL-OSCO PROPERTY BEING A PART
WHEREAS, On February 1, 2000 the Plan Commission approved a Building Site
and Operation Plan for Jewel Osco, American Stores Properties (petitioner) and
Dreamland Investors LLC (developer), by Resolution #PC 132C-99, and
WHEREAS, On January 9, 2001 the Common Council approved a Building Site
and Operation Plan for the initial phase of the Dreamland Development, by
Resolution #5-2001, and
WHEREAS, Petitioner is conducting business as Jewel Food Stores Inc, a New
York Corporation, developer has previously assigned all rights to the property to
the petitioner, and the City of Muskego has entered into a Developers
Agreement with petitioner dated February 5, 2001, and
e WHEREAS, On May 25, 2001 Plans were submitted by Petitioner and Kohls
Department Store to amend the existing building, site and operation plan of the
Dreamland Planned Development District located at the northeast corner of
Janesville Road and Moorland Road, and
WHEREAS, The proposed May 25, 2001 amendment pertains to a substantial
change to the approved Dreamland Planned Development District, as depicted in
Plan Commission Resolution #PC 080-2001, and said proposal requires certain
amendments to the approvals granted by Plan Commission Resolution #PC
132C-99 and Common Council Resolution #5-2001
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an
amended building, site and operation plan for Jewel Food Stores Inc., a New
York Corporation for the Dreamland Planned Development property located at
the northeast corner of Janesville Road and Moorland Road (Part Of Tax Key
No. 2167.995)as follows;
1 Jewel Osco architecture is approved in accordance with the submittal
dated May 25, 2001, subject to the inclusion of two brick pilasters on the
north elevation as required as depicted on the attached Exhibit “A”
2. Jewel Osco building size is reduced to 56,500 square feet. Areas
depicted as “Future Expansion” 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.
3. All parking, drive, access, and loading approvals granted by Resolution
#PC 132C-99 are repealed and addressed by Resolution #080-2001
4. Photometric plan approvals granted by Resolution #PC 132C-99 are
repealed and addressed by Resolution #080-2001 No additional outdoor
illumination, including such devices as strobe lights mounted on security
cameras, may be constructed without grant of an amendment to this
Building Site and Operation Plan.
5. Landscape Plan approvals granted by Resolution #PC 132C-99 are
repealed and addressed by Resolution #080-2001
6. The approved sign plan granted by Resolution #PC 132C-99 is repealed
and addressed by Resolution #080-2001 with the following exceptions:
Wall signs for Jewel-Osco are limited to one per street side, being 110
square feet in area (Janesville Road side) and 31 square feet in area
(Moorland Road Side). Jewel-Osco signs to be orange face with 15 mm
white neon tubing for illumination. Wall sign for TCF Bank, being an
internal tenant of Jewel-Osco, limited to one sign being 12 square feet in
area (Janesville Road side). TCF sign to be white face with 15mm red
tubing for illumination.
& 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 Enqineerinq for
the purpose of screeninq all mechanicals from public view. Within 30
davs of the qrant 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
adequately screened, the cash bond shall be returned to the Detitioner. 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 aDproval,
which deDict the required screeninq. All screeninq required bv the Plan
Completed within 180 davs of occupancy.
8. All spandrel glass shall be illuminated with shielded downcast exterior
fixtures to present a storefront appearance during business hours.
9. All construction materials to be in accordance with the Plans approved by
Resolution #PC 132C-99.
10.Approved operations include a seasonal outdoor garden center being 900
square feet in size, to be operated by the management of Jewel-Osco
without lease to outside vendors, with said area operating between April
1'' and June 30'h of each calendar year, with hours not exceeding 7:OO
a.m. to 7:OO p.m. each day, without additional lighting, without use of
amplified speakers or paging systems, and without additional signage.
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11 No other outdoor sales or storage permitted.
0 12.Store hours are permitted, but not required, to be 24 hours per day.
Delivery hours and trash collection hours are limited to the hours of 6:OO
a.m. and 1O:OO p.m.
13.The development of the strip mall connecting Jewel-Osco and Kohls is
anticipated to be a Phase 3 of the Planned Development District.
14.The proposed Jewel-Osco is anticipated to be constructed as Phase 2 of
the Planned Development District. If prior to or during construction of
Phase 2 (e.g. the 56,500 square foot Jewel-Osco) petitioner receives
approval for and commences construction of
#Phase 3 consisting of the attached strip mall,
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 4"3. or has received approvals but has not commenced 1
construction, petitioner shall construct the wall per approved plans prior to
receipt of an occupancy permit for Phase 2.
..
BE IT FURTHER RESOLVED, That foundation Dlantina plans shall be aDproved
by the Planninq Department Drior to the release of buildinq permits.
e BE IT FURTHER RESOLVED, That the terms and conditions of this Resolution
are subject to the approval of Resolution #PC 080-2001, and upon approval of
Resolution #PC 080-2001, and this Resolution, all terms and conditions of
Resolution #PC 132C-99 are null and void.
BE IT FURTHER RESOLVED, That the terms and conditions of this Resolution
are subject to the approval of Resolution #PC 080-2001, and Common Council
approval of a substantial change to the approved Dreamland Planned
Development District. In the absence of said approval of Resolution #PC 080-
2001 and absent of Common Council approval of a substantial change to the
approved Dreamland Planned Development District, the terms and conditions of
Resolution #PC 132C-99 remain in full force and effect.
BE IT FURTHER RESOLVED, That this approval is subject to amendment of
sanitary sewer plans, water main plans, storm sewer and stormwater
management plans, as necessary to serve the proposed amendment to the
Dreamland Planned Development District.
BE IT FURTHER RESOLVED, That this approval is subject to amendment of
executed Developers Agreements and approved securities for the Dreamland
Planned Development District.
BE IT FURTHER RESOLVED, That as a component of a phased Planned Unit e
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 and/or 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 if occupancy is requested prior to
construction of Phase 3 of the Dreamland Planned Development District, 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.
0 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 5,2001
Defeated:
Deferred:
Introduced: June 5, 2001
ATTEST, Sandi Asti, Recording Secretary ,Ad d GnZL