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PCR2004066bAMENDED RESOLUTION #P.C.066b-2004 APPROVAL OF AN AMENDMENT TO A BUILDING SITE AND OPERATION PLAN FOR BUSHY’S PUB AND GRILL LOCATED IN THE SW ¼ OF SECTION 2 (S67 W14831 JANESVILLE ROAD / TAX KEY NO. 2167.997) WHEREAS, On May 24, 2004 plans were submitted by Lynn Kurer for a Building, Site and Operation Plan for Bushy’s Bar and Grill located in the SW ¼ of Section 2, and WHEREAS, On June 8, 2004 new plans were submitted by Lynn Kurer for a Building, Site and Operation Plan for Bushy’s Bar and Grill located in the SW ¼ of Section 2, and WHEREAS, Said property is currently zoned HC-1 Historic Tess Corner s District, and said use is a permitted use when the primary floor area of a restaurant is 3,000 square fee or below and the proposed meets this requirement, and WHEREAS, Said parcels will be serviced by public sewer and water facilities, and WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s Tess Corner’s Design Guide, and WHEREAS, The petitioner requests approval for a 4,937 square foot new restaurant that will have a southern exposure, and said structures appear to meet the requirements of the zoning ordinance, although no survey is part of the site plan, and WHEREAS, The proposal consists of phased development that will include a first phase of construction for the new structure while the existing structure remains open and then phase 2 will consist of demolishing the current restaurant and the construction of a second phase of the new structure, other Plan Commission requirements may be needed regarding this, and WHEREAS, A construction site plan and write-up are a part of the BSO and they show that all construction areas will be fenced and that the existing structure will be access by an eastern entrance that will require a temporary ADA accessible doorway and pathway, and WHEREAS, The hours of operation for construction are shown as between 7 AM and 4 PM with all construction access deriving off of the Bushy’s Janesville access point and operational times for the business are between 11 AM to 2 AM, and WHEREAS, The temporary pathway to access the existing structure during the construction process is within the Durham Road right-of-way and would require Public Works Committee approval prior to building permits being issued, and WHEREAS, Said structures are proposed to be constructed with colonial revival influences as noted in the Tess Corner’s Design Guide, and are proposed to be constructed with exterior materials which include cultured stone, hardi shingle, hardi-trim, and dimensional asphalt shingles, and WHEREAS, Said structures include architectural elements such as projected boxed windows, projected gables with bracketing, clerestory windows, and precast sills, and all the elements appear to meet the intent of the Tess Corner’s Design Guide, and WHEREAS, Said structures include colors of muted greens and earth tones, consistent with the Tess Corner’s Design Guide, and WHEREAS, Phase 1 will consist of an easily demolished wall so Phase 2 can be attached, said wall will consist of materials made up of siding and trim and an alternative east elevation accompanies the submittal showing that in the event Phase 2 does not occur, the temporary wall will be developed in unity with the rest of the structure although no indication of materials used for this wall is shown and no indication of an exact timeline of Phase 2 is indicated, and WHEREAS, All Building mechanicals, including HVAC units, are not shown but appear to be screened under lattice roof screening materials that will have a plywood backing so no mechanicals will be seen, although the details and makeup of this screening material is undetermined, and WHEREAS, 80 shared parking stalls between Atonement Lutheran Church and Bushy’s are shown, and said parking stalls meet the requirements for the new structure proposed Parking stalls are noted, although the exact layouts of the parking is not shown on the site plan and no landscape islands or curbed areas are indicated, and WHEREAS, Parking is noted to be resurfaced upon the completion of Phase 1, and the curbing and parking stall painting will occur at this time also although there is no data showing that the painting of parking stalls will occur, and WHEREAS, Access is depicted to utilize two existing points off of Durham Drive, the Atonement Lutheran Church Janesville Road access, and one new access from Janesville Road on the Bushy’s parcel, although the Janesville Road access may be placed wrong, and WHEREAS, Paved areas should be at least 10 feet from property lines after the access points and the plan doesn’t meet this requirement, and WHEREAS, A driving lane is indicated in the middle of the plan accessing the petitioned property and the property to the west and it is undetermined if this is one-way or for parking, and WHEREAS, Cross-access is shown for vehicular and pedestrian traffic between the petitioned property and the property to the west and this is consistent with the intent of the Tess Corner’s Design Guide, and WHEREAS, A cross-access easement is shown throughout a portion of the petitioned property and throughout the Atonement Lutheran Church paved parking and access areas that will allow shared parking and access throughout the two sites although the cross access easement is not shown to go across to the western bordered property or along the northwestern parking and pathway areas on the BSO, and WHEREAS, Signage is a directive of the Tess Corner’s Design Guide and is shown on the north and west building elevation and on a separate detailed elevation depicting a 24.5 square foot wall sign that appears to be in unity with the design of the proposed structure, although no details of signage is a part of the BSO and the lighting for the signage is not included on the lighting plans and elevations, and WHEREAS, Lighting specifics is part of the BSO and a directive of the Tess Corner’s Design Guide, and the plan shows use of 200 watt wall sconces directed at the building to illuminate the signage and the use of 150 watt high pressure sodium traditional streetlights for the parking areas on the property and said lighting appears consistent with the intent of the guide although no lighting specifics including elevations and photometric plans are shown, and WHEREAS, A photometric plan is part of the BSO and shows over 0.5 footcandles on the west property line, and the Tess Corners Design Guide does not permit this, however shared property rights exist between the properties and this may be beneficial, and WHEREAS, A landscaping plan has been submitted, and the plans have been reviewed and approved by the City Forester, and revisions are necessary consistent with the Tess Corner’s Design Guide, and WHEREAS, A Grading and Erosion Control plan accompanies the submittal and will be approved by the Building and Engineering Department at the time of building permits, and WHEREAS, A dumpster enclosure is proposed to house all refuse containers, and said enclosure is proposed to be constructed with materials and colors compatible with the design of the building. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan May 24, 2004 as submitted on June 8, 2004 by Lynn Kurer for Bushy’s Pub and Grill located in the SW ¼ of Section 2. BE IT FURTHER RESOLVED, That prior to final approvals a revised landscape plan shall be submitted and approved by the City Forester and the Plan Commission to ensure Tess Corner’s Design Guide compliance. BE IT FURTHER RESOLVED, That signage elevations including sizes, materials and colors be submitted and approved by the Plan Commission to ensure Tess Corner’s Design Guide compliance. BE IT FURTHER RESOLVED, That a revised lighting plan including all light elevations and details for the parking and signage lights, and a photometric plan denoting foot candles be submitted and approved by the Plan Commission to ensure Tess Corner’s Design Guide compliance. BE IT FURTHER RESOLVED, That the BSO be resubmitted to show the details of parking stalls, the lot to be curbed upon resurfacing, any extra lighting for parking that may be needed, and any landscaping islands to ensure Tess Corner’s Design Guide compliance. BE IT FURTHER RESOLVED, That the BSO be resubmitted to show what the driving lane in the middle of the two adjoining properties will be used for. BE IT FURTHER RESOLVED, That the easement detail be resubmitted to show cross access on both the petitioned property and the property to the west throughout any area that is to be a shared access for both vehicular and pedestrian traffic. BE IT FURTHER RESOLVED, That evidence of the recording of the cross access easements is delivered to the Planning Department before the issuance of building permits. BE IT FURTHER RESOLVED, That the BSO must be resubmitted to reflect that after the access points the driving or parking areas will then be offset 10 feet from the property lines. BE IT FURTHER RESOLVED, That the BSO must be resubmitted to include a plat of survey or a survey incorporated into the site plan to affirm the zoning requirements of the parcel. BE IT FURTHER RESOLVED, That exact operational times of the restaurant be noted on the submittal, as well as daily expectant delivery times. BE IT FURTHER RESOLVED, That operational times of construction and that the Janesville Road access will be the sole access for construction equipment during the operational hours of the restaurant be noted on the submittal. BE IT FURTHER RESOLVED, That the materials and color of the wall between Phases 1 and 2 of the new structure be provided and that if Phase 2 permits are not applied before occupancy is requested for Phase 1, a bond, or cashiers check equal to twice the value of said costs must be submitted to the Planning Department to ensure that the temporary wall will be constructed to meet the design of the rest of the structure. BE IT FURTHER RESOLVED, That the concrete base of any light pole be no more than 6” above grade and that any light pole cannot exceed 15-feet in height. BE IT FURTHER RESOLVED, That the photometric plan appears to exceed the maximum intent of the design guide, however this appears to improve the safety of the two properties as both vehicular and pedestrian access is shared between the two properties. BE IT FURTHER RESOLVED, That Public Works Committee approval is may be needed to allow the temporary ADA accessible pathway within the Durham Road right-of-way or the pathway will have to relocated onto the petitioner’s property. BE IT FURTHER RESOLVED, That building permits may will be required for the doorway that is proposed to be utilized on the existing structure during the construction process so that it is ADA accessible. BE IT FURTHER RESOLVED, That Stormwater calculations will be needed by the Building and Engineering Department at the time of building permits to ensure that stormwater management is not needed. BE IT FURTHER RESOLVED, That all mechanicals shall be screened from view and screening material color renderings and/or sample shall be provided to Plan Commission. BE IT FURTHER RESOLVED, That Plan Commission will conduct an annual review concerning traffic impacts, specifically as they result to the Durham Drive access. BE IT FURTHER RESOLVED, That Fire Department comments are needed and additional requirements may be necessary before final approvals. 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 asphalting, a bond, or cashiers check equal to twice the value of said costs must be submitted to the Planning Department. 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 15, 2004 Defeated: Deferred: June 1, 2004 Introduced: June 1, 2004 ATTEST: Sandi Asti, Recording Secretary