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PCR2001048RESOLUTION #P.C. 048-2001 APPROVAL OF A CONCEPTUAL BUILDING SITE AND OPERATION PLAN, RECOMMENDATION TO COMMON COUNCIL FOR CONCEPTUAL GENERAL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY DISTRICT, RECOMMENDATION TO COMMON COUNCIL FOR CONCEPTUAL AMENDMENT TO THE 2010 COMPREHENSIVE PLAN, AND RECOMMENDATION TO COMMON COUNCIL FOR THE DETERMINATION OF SUBSTANTIAL CHANGE TO THE APPROVED DREAMLAND PLANNED DEVELOPMENT DISTRICT, MORE SPECIFICALLY FOR THE DELETION OF OF APPROXIMATELY 60,700 SQUARE FEET OF COMMERCIAL FLOOR AREA, FOR KOHL'S DEPARTMENT STORE, LOCATED IN THE SW % OF SECTION 2 AND SE % OF SECTION 3 (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 REZONING FROM RSE SUBURBAN ESTATE DISTRICT TO 8-3 / OPD 150 UNITS OF SENIOR MULTI-FAMILY HOUSING USE, AND THE ADDITION 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, and structures and two 27 - unit structures. 150 units of multiple family senior housing, consisting of three 32 -unit And said future Phases will require Building Site and Operation Plan approvals prior to commencing any construction activity related thereto, and WHEREAS, On March 23,2001 conceptual plans were submitted by Mr Jeff Kenkel representing Kohls Department Store and Jewel Food Stores, 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 Reduce the size of the Jewel-Osco commercial building from 62,000 square feet Increase the size of strip multi-tenant commercial space from 13,540 square feet Increase the size of single tenant commercial space from 17,000 square feet to square feet, to 57,000 square feet, to 15,080 square feet, and 86,600 square feet to accommodate a Kohl's Department Store. Resolution PC 0462001 Page 2 0 and, WHEREAS, Section 6.02 (6) (C) of the Zoning Ordinance governs amendments to Planned Development Districts and states, "Any subsequent change or addition to the plans or use shall first be submitted for approval to the Common Council and if in the opinion of the Common Council upon recommendation of the Plan Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Common Council shall be required and notice thereof given pursuant to Section 3.07" and, WHEREAS, The property is zoned RS-1 Suburban Residence Districff RSE Residential Estate District and I B310PD General Business District with Planned Development Overlay District as depicted on Exhibit "A attached hereto and made a part of this Resolution, and the approved Dreamland Phase 1 is in conformance to all the requirements of said zoning district, and WHEREAS, The amendment submitted March 23,2001 does not conform to the existing zoning classifications, and said property would be required to be rezoned to adjust the boundaries of the existing districts, as depicted on Exhibit "B" attached hereto and made a part of this Resolution, and said rezoning will require a public hearing before the Common Council pursuant to Section 3.07 of the Zoning Ordinance, and WHEREAS, The amendment submitted March 23,2001 appears to conform to the bulk requirements of the Municipal Code as illustrated on the proposed zoning district map as depicted on Exhibit "B, and WHEREAS, The property is depicted in the adopted 2010 Comprehensive Plan as being planned for approximately 9.4 acres of woodland preservation and open space, approximately 14 acres of high density multiple family housing consistent with the RSM Multiple Family Residence District, and approximately 16.4 acres of commercial uses consistent with the 8-3 and 8-4 Business Districts, as depicted on Exhibit "C" attached hereto and made a part of this Resolution, and the approved Dreamland Phase 1, and conceptually approved future Phases, are consistent with the Plan, and WHEREAS, The amendment submitted March 23,2001 does not conform to the approved 2010 Comprehensive Plan, and said Plan would be required to be amended by the Plan Commission and Common Council, as depicted on Exhibit "D" attached hereto and made a part of this Resolution, prior to or concurrent with the approval of an amendment to the Planned Development District, Building Site and Operation Plan, and rezoning, and WHEREAS, A Certified Survey Map was recorded as CSM #9127, in volume 82, pages 200-206, as document #2625980 in conjunction with the approved Dreamland Phase 1, and the parcel boundaries created therein do not conform to the proposed boundaries as depicted in the amendment submitted March 23, 2001, and e 0 Resolution PC wS2001 Page 3 0 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 amendment submitted March 23,2001 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 amendment submitted March 23, 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 amendment submitted March 23,2001, 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 amendment submitted March 23,2001, and WHEREAS, A detailed Traffic Impact Analysis was prepared in conjunction with the approved Dreamland Phase 1, and said analysis does not assess the impacts of the amendment submitted March 23, 2001, and WHEREAS, With regards to specific site issues, additional detail regarding Building Site and Operation Plans will be required to be submitted, including but not limited to photometric plan amendments, landscape plan amendments, refuse removal, hours of operation and deliveries, phasing and timing of construction, signage plan amendments, areas identified as "future expansion areas", and WHEREAS, The property is subject to the provisions of the Downtown Desim 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. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a conceptual building site and operation plan amendment for the Dreamland Planned Development, located in the SW % of Section 2 and SE % of Section 3, being a part of Tax Key No. 2167.995 I Janesville Road, to: e Eliminate all 150 units of multiple family housing from future phases, 0 Eliminate one outlot, thereby reducing the commercial floor area by at least 6,000 Reduce the size of the Jewel1 Osco commercial building from 62,000 square feet square feet, to 57,000 square feet, Resolution PC 048”01 Page 4 Increase the size of strip multi-tenant commercial space from 13,540 square feet Increase the size of single tenant commercial space from 17,000 square feet to to 15,080 square feet, and 86,600 square feet to accommodate a Kohl’s Department Store. as depicted on the submittal dated March 23, 2001 BE IT FURTHER RESOLVED, that in accordance with Section 6.02(6) (C) of the Zoning Ordinance, the Plan Commission finds the amendment to be a substantial alteration from the approved Dreamland Planned Development, and recommends that Common Council find the same and call for notice and public hearing as required by Section 3.07 of the Zoning Ordinance. BE IT FURTHER RESOLVED, that the Plan Commission approves of the conceptual rezoning to adjust the district boundaries of the RS-1 Suburban Residence, RSE Suburban Estate District, and B-3 I OPD General Business District with Planned Development Overlay District, as depicted on Exhibit “B and recommends the same to Common Council. BE IT FURTHER RESOLVED, that the Plan Commission approves of the conceptual amendment to the 201 0 Comprehensive Plan, as depicted on Exhibit “D” and recommends the same to Common Council. e BE IT FURTHER RESOLVED, that a revised Certified Survey Map shall be prepared for Plan Commission and Common Council consideration concurrent with any final amendments to the approved Dreamland Planned Development District. BE IT FURTHER RESOLVED, that the Plan Commission recommends the further review of the plans approved by the Public Works Committee and the Public Utilities Committee prior to Common Council’s consideration of any final amendments to the approved Dreamland Planned Development District. BE IT FURTHER RESOLVED, that the Plan Commission recommends the further review of the Agreements and Sureties approved by the Finance Committee prior to Common Council’s consideration of any final amendments to the approved Dreamland Planned Development District. BE IT FURTHER RESOLVED, that a revised Traffic Impact Analysis shall be required to be submitted for review and approval by the City of Muskego Director of Building and Engineering, Public Works Committee, and Waukesha County Department Of Transportation prior to Common Council’s consideration of any final amendments to the approved Dreamland Planned Development District. BE IT FURTHER RESOLVED, that with regards to specific site issues, the petitioner shall give full consideration to the planning and design comments and requirements as prepared by the Planning Department and outlined in Plan Commission Supplement PC 048-2001, dated April 3, 2001 Resolution PC 0482001 Page 5 0 BE IT FURTHER RESOLVED, that this approval is granted in concept only and final action is only an indication of the current intent of the Plan Commission; Final submittals are subject to future review and consideration by the Plan Commission, municipal committees of jurisdiction, and other agencies, and approval of final plans is not guaranteed by this action of the Plan Commission. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 3,2001 ATTEST. Sandi Asti, Recording Secretary RS-3 1 I. J RESOLUTION #PC 048-2001 EXHIBIT A CURRENT ZONING 1. I 4 B-310PD RS-3 RESOLUTION #PC 048-2001 EXHIBIT C ADOPTED 2010 LAND USE I ””””””” \ \ \ \ L ! \\ i, Pllvate Recreation Residentlal - Medium Denslty [3.0 - 4.4 unltslacre; RSAI Residentlal - Low Density 7- ~~- 10.8- 1.5 unltslacre; RSE. Rs-1. and R-31 ~ ~ Residential - Hlgh Density ~- , [4.5 - 8.0 unltslacre; RSMI identlal - Medium Density RESOLUTION #PC 048-2001 EXHIBIT D ADOPTED 2010 LAND USE .. / \ !