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
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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
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Resolution PC wS2001
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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:
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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
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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
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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
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RESOLUTION #PC 048-2001
EXHIBIT A
CURRENT ZONING
1.
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B-310PD
RS-3
RESOLUTION #PC 048-2001
EXHIBIT C
ADOPTED 2010 LAND USE
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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
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