This section shall be known, cited, and referred to as the large retail and commercial service development chapter.

(Ord. No. 1914A, 2-18-2016)

A large retail and commercial service development is a development comprised of one or more contiguous parcels or building sites for a single retail or commercial service enterprise or for multiple such enterprises within which the total combined floor and surface area of all indoor retail and/or commercial activities, associated enclosed or outdoor storage, and associated outdoor display exceeds fifty thousand square feet.

The requirements of Chapter 19.485 are applicable to any new, altered or expanded establishment or group of establishments that meet or exceed the above floor and surface area threshold, where a complete application for conditional use permit or PD zoning is filed after the effective date of this chapter.

(Ord. No. 1914A, 2-18-2016)

A.

Aside from where allowed under an approved PD district, large retail and commercial service developments shall require a conditional use permit within any district in which they are allowed per other chapters in this title. All additions to structures, parking, or storage areas that are part of an approved large retail and commercial service development shall require an amendment to the conditional use permit or the previously approved PD plans, per the associated requirements for such amendments in this title.

B.

Subsequent changes to individual land uses listed as permitted uses within the applicable zoning district (for example, a new tenant in a pre-existing retail space) are permitted without amendment to the associated large retail and commercial development conditional use permit or PD specific implementation plan, unless said conditional use permit or PD plan placed restrictions on such change of use.

C.

Subsequent individual land uses following initial approval of the development allowed only by conditional use permit in the zoning district or approved PD specific implementation plan may be allowed only under a subsequent conditional use permit for the specific use, regardless of whether said use entails modifications to the building and/or site layout.

(Ord. No. 1914A, 2-18-2016)

In addition to applicable zoning district standards and other applicable standards of this title, each large retail and commercial service development shall meet the following additional standards, as may be applicable given the size of each such development:

A.

Traffic Impact Analysis. A traffic impact analysis is required when a development reaches or exceeds the defined threshold for such an analysis outlined in Figure 19.485(2) [sic], and may be required by the city director of public works for projects below that threshold if there is initial evidence to suggest that existing roads in the area may not be adequate to accommodate additional traffic demands.

The traffic impact analysis shall be completed in accordance with standards approved by the city director of public works, or where he/she does not approve a particular standard, with the most current revision of the Traffic Impact Analysis Guidelines published by the state of Wisconsin Department of Transportation. Where the traffic impact analysis indicates that the proposed development may cause off-site public roads, intersections, or interchanges to function below level of service (LOS) D, then the city may deny the application, may require a size reduction in the proposed development, and/or may require the developer to construct and/or pay for required off-site improvements to achieve LOS D for a planning horizon of a minimum of ten years following full build-out of the development. All such developments shall have direct access to an arterial or collector street. Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; traffic control devices; and/or sidewalks. The site design shall provide direct transportation connections to adjacent land uses and sites if required by the city.

B.

Economic and Fiscal Impact Analysis. An economic and fiscal impact analysis is required in accordance with the data requirements established by the city. In addition:

1.

The analysis shall identify and assess the economic and fiscal impacts on the city.

2.

The analysis shall propose measures to mitigate adverse impacts and/or maximize positive impacts, including provision of infrastructure or public service improvements sufficient to support the development. Any adverse impacts that cannot be mitigated shall be identified. Mitigation measures to be implemented by the applicant shall be identified.

3.

If required by the zoning administrator, the applicant shall provide the necessary funding to the city to hire a consultant of the city's choice, with appropriate experience to complete and present an objective economic and fiscal impact analysis to the city.

C.

Detailed Neighborhood Plan. A detailed neighborhood plan is required in accordance with requirements established by the city. Such neighborhood plan shall cover any undeveloped areas within a one-thousand-five-hundred-foot distance from the boundaries of the development site (except where a lesser distance is approved by the zoning administrator). The detailed neighborhood plan must be completed by the city or applicant prior to the application for conditional use permit or rezoning, and submitted or referenced with such application. The detailed neighborhood plan shall include a map of sufficient detail to establish the potential future mix and development of land uses based on the city's comprehensive plan and the relationship of surrounding lands to the large retail and commercial service development with regard to provision of streets, driveways, bicycle/pedestrian routes, utilities, stormwater management, landscape transitions, setbacks, and community design and character, and general layout, all in a manner that is consistent with the city's comprehensive plan.

D.

Facilities and Associated Features. The following requirements are applicable when a large retail and commercial service development reaches or exceeds the defined threshold for such facilities and associated features outlined in Figure 19.485(2) [sic]:

1.

Building Location. Wherever practical, as determined by the plan and architectural review commission based on the particular setting, the primary building within the development shall be located close to the public street, including parking to the side or rear of that building. Where such primary building is proposed to be distant from the public street, the commission may require that the overall development design include smaller buildings on pads or outlots closer to the street. All buildings on outlots shall have an orientation and architectural quality that relates to the primary building. Placement and orientation of all buildings must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and to neighboring commercial areas, commercial sites, and neighborhoods, and must forward community character objectives described in the city's comprehensive plan. Also see Section 19.485.040E.7. below for requirements associated with the location of parking lots.

2.

Building Materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, stone, tinted and decorative concrete block are preferred, with wood, stucco, and exterior insulation and finish systems (EIFS) also permitted, as determined appropriate by the plan and architectural review commission. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved only if integral to the overall design of the building. Windows shall be prominently incorporated into the building design for both aesthetic and daylighting effect.

3.

Building Design. The building exterior shall complement other buildings in the vicinity (except those buildings identified for redevelopment), and shall meet the following:

a.

The building shall employ varying facade setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements appropriate to the size and scale of the building and to add architectural interest.

b.

Ground floor facades that face public streets shall have some combination of features (such as display windows, entry areas, awnings, or other such features) that are oriented to pedestrians and create a smaller scale, street-friendly character.

c.

The integration of windows into building design is required. Windows shall be transparent glass wherever the plan and architectural review commission determines it practical. The use of blinds, or display windows shall be acceptable where there is a determination that opacity is required. Backlighting of such windows may be required in such instances.

4.

Building Entrances. Public building entrances shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by, and be the focal point for, on-site traffic flow patterns. Two or more of the following design features shall be incorporated into all public building entrances: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, or outdoor patios.

5.

Screening.

a.

All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground-level views, with materials identical to those used on the building exterior facades.

b.

All rooftop mechanical equipment shall be screened by parapets, upper stories, and/or strategic placement relative to exterior walls or roofs, so as to not be visible from public streets adjacent or within one thousand feet of the subject property.

c.

Loading docks shall be completely screened from surrounding public streets and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations.

d.

Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain link, wire mesh, or wood fencing is unacceptable, except that decorative, heavy-duty wood gates may be used.

6.

Parking.

a.

All parking lots shall be designed in accordance with Chapter 19.51 of this title.

b.

Parking lots in which the number of spaces significantly exceeds the minimum number of parking spaces required for the specific use or uses in Section 19.51.130 shall be allowed only with specific and reasonable justification provided by the applicant within the application.

c.

Parking lots shall be designed to create distinct parking subareas through use of landscaped and curbed medians and islands, a minimum of ten feet in width from back-of-curb to back-of-curb. Each landscaped island shall be a minimum of three hundred sixty square feet in landscaped area.

d.

Wherever site conditions allow, the plan and architectural review commission may require some or all parking to be oriented to the side and/or rear of the primary building within the development allowing the building to be located closer to the public street. Applicants proposing to locate the majority of parking between the primary building and the public street shall submit information along with their application identifying the reasons why more or all parking may not be located to the side or rear of the principal building, either through a change in parking location, change in building location, or both.

e.

Wherever site conditions allow, the plan and architectural review commission may require some or all parking to be shared with surrounding uses and/or the provision of cross-easements for customers to access adjacent parking areas without circulation through surrounding streets.

7.

Bicycle and Pedestrian Facilities.

a.

The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public sidewalks and other pedestrian and bicycle facilities, and connections to adjacent properties.

b.

Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or other pedestrian and bicycle facilities. The minimum width for sidewalks adjacent to buildings shall be eight feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.

c.

Sidewalks internal to the development shall have adjoining landscaping along at least fifty percent of their length, and may be required to be provided with pedestrian-scale lighting.

d.

Crosswalks within parking and driveway areas shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, color, and/or texture in combination with signage.

e.

The development shall provide secure, attractive, integrated bicycle parking.

8.

Central Areas and Features. Each development exceeding eighty thousand square feet in floor area (per the measurement method in Section 19.485.020) shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or another such deliberately designated outdoor area or focal point that adequately enhance the development or community. Such area shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the primary building and remainder of the site, and maintained over the life of the development.

9.

Cart Returns. A minimum of one two hundred square foot cart return area (corral) shall be provided for every one hundred parking spaces. Cart corrals shall be of durable, nonrusting, all-season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within twenty-five feet of any building.

10.

Outdoor Display Areas. Exterior sales and display areas—whether permanent or seasonal—shall be permitted only where clearly depicted on the approved site plan associated with the development. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. Display areas on sidewalks directly in front of buildings must maintain a minimum walkway width of eight feet between the display items and any vehicle drives.

11.

Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Such outdoor storage uses and areas shall be appropriately screened as required by Title 19.

12.

Landscaping. On-site landscaping shall be provided at time of building occupancy (except as allowed under Section 19.66.060), shall meet all applicable landscaping guidelines approved by the city council or plan and architectural review commission, and shall be maintained per the requirements of such guidelines and Title 19 over the life of the development.

13.

Lighting. On-site exterior lighting shall meet all the standards of Title 19. In addition, the color and design of pole lighting standards shall be compatible with the primary building in the development and the public lighting in the area, and shall be uniform throughout the entire development site.

14.

Signage. In addition to meeting the applicable requirements of Title 19, a signage plan for all exterior signage shall provide for coordinated and complementary exterior sign locations, configurations, and colors throughout the development. Combined signs for multiple users may be required instead of multiple individual signs. The city may require the use of muted corporate colors on signage if proposed colors are not compatible with the city's design objectives for the area.

15.

Environmental Sustainability, Natural Resources Protection, and Stormwater Management. Natural resources shall be protected in accordance with Title 19. In general, existing natural features shall be integrated into the site design as a site and community amenity. Each project shall meet the erosion control and stormwater management standards found in Title 16 of the Municipal Code and other applicable city ordinances.

Each development shall intentionally incorporate into site and building design elements that contribute to the long-term environmental sustainability of the development and the city, as such terms are described in the city's comprehensive plan. Each development shall provide at least one-half of the following sustainability features:

a.

Reuse an existing, previously developed building and/or site.

b.

Utilize one or more rain gardens or bioswales, as described in the City of Whitewater Landscaping Guidelines, to capture and manage stormwater.

c.

Install a green roof or roof-top garden.

d.

Incorporate stormwater management facilities that are designed to both serve their primary function and appear as natural features that can serve as attractive focal points for the development.

e.

Install native/naturalized landscaping that minimizes requirements for irrigation/watering and provides natural habitat.

f.

Install systems that allow for the capture and later use of rainwater to water landscaping and for other permitted functions.

g.

Deliberately design/retrofit the primary building with energy efficient systems, such as lighting, refrigeration, and HVAC systems.

h.

Integrate solar, geothermal, wind, or other on-site energy generation into the site and/or building design.

i.

Utilize paving and/or roof materials with a solar reflectance index of at least twenty-nine for a minimum of fifty percent of the combined pavement and roof area on the site.

j.

Purchase a minimum of fifty percent of the development's energy from renewable sources such as wind or solar.

k.

Recycle of a minimum of seventy-five percent of the waste generated during building/site construction.

l.

Utilize a minimum of twenty-five percent recycled materials for building construction.

m.

Utilize a minimum of fifty percent regional materials for building construction (extracted, harvested, or recovered, and manufacturing from within five hundred miles of the development site).

n.

No more than two additional sustainability features not listed above but approved by the plan and architectural review commission to meet the city's sustainability objectives, not including any feature already required by another section of this chapter.

16.

Vacation of Existing Buildings in Large Retail and Commercial Service Developments.

a.

Where any large retail or commercial service development that has fifty thousand or more square feet of floor area is vacated because the commercial use (sale of goods or merchandise at the building) conducted thereon is being relocated to a different building or discontinued, the party shall be subject to the following provisions:

i.

The party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.

ii.

The development agreement for the new development at the new site shall include provisions therein whereby the developer of the new site commits to the requirements contained herein.

b.

In addition to the above, any building within large retail or commercial service development that has twenty thousand or more square feet of floor area and is vacated for any reason shall be subject to the following provisions:

i.

The owner must file with the city a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building and other data as required by the city.

17.

Development Agreement. The developer shall enter into a development agreement with the city which shall include the payment of all utilities, including, but not limited to, stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement.

18.

Exceptions. In the event the applicant desires a deviation or exception from the requirements of this section, the applicant shall present justification for such deviation or exception, including, but not limited to, preexisting conditions on a redevelopment site, which may be approved or denied by the plan and architectural review commission.

(Ord. No. 1914A, 2-18-2016)