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PCa20101102CITY OF MUSKEGO PLAN COMMISSION AGENDA 6:00 PM Tuesday November 2, 2010 Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE OCTOBER 5, 2010 MEETING PUBLIC HEARING for a Conditional Use Permit in accordance with the City of Muskego Zoning Ordinance for Mike and Deb Reher for the purpose of a bed and breakfast located in the SW '/4 of Section 33 (Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive). OLD BUSINESS FOR CONSIDERATION The following agenda items have been deferred by the Plan Commission and are recommended by the Community Development Department for individual consideration. CONSENT BUSINESS The following agenda items have been received by the Community Development Department and are recommended for approval en gross. RESOLUTION #P.C. 077-2010 —Approval of a Two Lot Certified Survey Map for the Rozeski property located in the SW'/4 of Section 21 (Tax Key No. 2243.997.001/ W186 S9159 Racine Avenue). NEW BUSINESS FOR CONSIDERATION The following agenda items have been received by the Community Development Department and are recommended for individual consideration. RESOLUTION #P.C. 075-2010 -Recommendation to Common Council to rezone a property from M-3 (Landfill & Extractive) to M-2 (General Industrial District), a 2020 Comprehensive Plan Amendment from Landfill & Extractive to Industrial, and Approval of a One Lot Certified Survey Map for the Wauer property located in the SE '/4 of Section 18 (Tax Key No. 2229.989 / Janesville Road). RESOLUTION #P.C. 076-2010 —Approval of a Conditional Use Grant and Building, Site, and Operation Plan for the purpose of a new Bed and Breakfast for Mike and Deb Reher located in the SW'/4 of Section 33 (Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive). RESOLUTION #P.C. 078-2010 —Approval of an Amended Building, Site and Operation Plan for Bush Gardens located in the SW '/4 of Section 2 (Tax Key No. 2167.998.002 / S68 W14891 Janesville Road). NEW BUSINESS PLACED ON FILE The following agenda items have been received by the Community Development Department and assigned case numbers. Community Development Department staff will review each case in the order received and will present each item for consideration by Resolution at future meetings in the order received, subject to the time frames provided by Municipal Code and Wisconsin Statutes. DOCKET #P.C. 071-2010 — Recommendation to Common Council to rezone a property from RM-1 (Multi Family Residence) and RS-2 (Suburban Residence) to a Planned Development for the Willow Glen Development and approval of a Building, Site, and Operation Plan located in the SW'/4 of Section 16 (Tax Key No. 2223.998.004, 2223.998.005, 2223.998.006 / W182 S8450 Racine Avenue). MISCELLANEOUS BUSINESS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. CITY OF MUSKEGO PLAN COMMISSION MINUTES unapproved 6:00 PM Tuesday October 5, 2010 Muskego City Hall, W182 S8200 Racine Avenue Mayor Johnson called the meeting to order at 6:03 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Johnson, Ald. Borgman, Commissioners Hulbert and Burke and Director Muenkel and Recording Secretary McMullen. ABSENT Commissioners Stinebaugh, Jacques, and Noah Recording Secretary McMullen noted that the meeting was properly noticed on September 29, 2010 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE SEPTEMBER 7, 2010 MEETING Commissioner Burke made a motion to approve the minutes of the September 7, 2010 meeting. Ald. Borgman seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. PUBLIC HEARING for an amended Conditional Use Permit in accordance with the City of Muskego Zoning Ordinance for Todd Furry (Naturescape) for the purpose of an additional new mini -storage facility located in the NW '/4 of Section 16 (Tax Key No. 2222.984.009 / Gemini Drive). Mayor Johnson explained a public hearing is not required for an amendment and this item will be discussed under new business. REMOVED AS NOT REQUIRED. OLD BUSINESS FOR CONSIDERATION None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Ald. Borgman made a motion to ADOPT Resolution #P.C. 072-2010, 073-2010 and 074-2010, engross. Commissioner Hulbert seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 072-2010 - Approval of a Four Lot Certified Survey Map for the Zlensky property located in the SW '/4 of Section 24 (Tax Key No. 2255.999/ S91 W13253 Boxhorn Drive). Resolution #P.C. 072-2010 was ADOPTED unanimously. RESOLUTION #P.C. 073-2010 — Approval of a Two Lot Certified Survey Map for the Oman property located in the NW '/4 of Section 3 (Tax Key No. 2170.999 / S63 W16495 College Avenue). Resolution #P.C. 073-2010 was ADOPTED unanimously. RESOLUTION #P.C. 074-2010 — Approval of a Two Lot Certified Survey Map for the Urban Visions II property located in the SW '/4 of Section 8 (Tax Key No. 2191.997 / S76 W20330 Hillendale Drive). Resolution #P.C. 074-2010 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 070-2010 — Approval of an Amended Conditional Use Grant and Building, Site, and Operation Plan for the purpose of a new mini -storage facility for Naturescape located in Plan Commission Minutes, continued October 5, 2010 the NW '/4 of Section 16 (Tax Key No. 2222.984.009 / Gemini Drive). Mayor Johnson explained after the agenda was printed it was determined that a public hearing was not needed. If anyone is present that would like to speak, they will still be given the opportunity. Commissioner Burke made a motion to ADOPT Resolution #P.C. 070-2010. Commissioner Borgman seconded. Director Muenkel explained the Conditional Use Grant is for the use of the mini storage on the property, which has already been approved. Today Naturescapes is requesting to add a second unit on the property. The site plan is mostly the same as the original plan. The plans have been expanded to the east to allow for the second building. The plans are appropriate for fire lanes and two-way access. A landscape plan has been submitted and shows a good amount of plantings throughout the property and ornamental fencing surrounds the entire area. The building elevations have been updated with masonry up the entire sides as Plan Commission requested. Mayor Johnson opened the meeting to the audience for questions or comments. There were no questions from the audience or the Commissioners. Upon a roll call vote, Resolution #P.C. 070- 2010 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 071-2010 — Recommendation to Common Council to rezone a property from RM-1 (Multi Family Residence) and RS-2 (Suburban Residence) to a Planned Development for the Willow Glen Development and approval of a Building, Site, and Operation Plan located in the SW '/4 of Section 16 (Tax Key No. 2223.998.004, 2223.998.005, 2223.998.006 / W182 S8450 Racine Avenue). MISCELLANEOUS BUSINESS Commissioner Hulbert discussed the past request from Bauer Sign Company for screening. Commissioner Hulbert explained the owner of the building should be the party making the request to Plan Commission. The owners are the ones responsible for the building not the tenant. Director Muenkel explained as part of the Business Park clean up effort, staff tried to work with the tenant first, but ultimately the owner is responsible for the property. Director Muenkel stated Bauer Sign Company wants to move forward with the same temporary plan. They will have until the end of November to complete the work. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 6:12 PM. Ald. Borgman seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, Kellie McMullen Recording Secretary PAGE 2 City of Muskego Plan Commission Supplement PC 077-2010 For the meeting of: November 2, 2010 REQUEST: Two (2) Lot Land Division — Rozeski Property W186 S9159 Racine Ave / Tax Key Number 2243.997.001 SW '/4 of Section 8 PETITIONER: James Rozeski INTRODUCED: November 2, 2010 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 077-2010 The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. Lot 1 will be 2.22 acres and Lot 2 will be 4.39 acres in size. PLAN CONSISTENCY PC 077-2010 Comprehensive Plan: The 2020 Plan depicts the area for Rural Density Residential uses. The proposal is consistent with the Plan. Zoning: The property is currently zoned RC-1 — Country Residence District, which requires a minimum lot size of 80,000 SF and average lot width of 200 feet per lot. Parks and Conservation Plan: Ft 2007-2011 Plan does not depict any park or conservation areas on site. The proposal is consistent with the Plan. Street System Plan: All right-of-way has been previously dedicated as required. Adopted 208 Sanitary Sewer Service Area: The parcels will be served with private on -site mound/septic systems. The proposal is consistent with the Plan. Water Capacity Assessment The lot will be allowed to remain on private well water. The proposal is District: consistent with the Plan. Stormwater Management Plan: Fbegf rading plan will need to be submitted to the Engineering Departmentore building permits can be issued. DISCUSSION PC 077-2010 Upon initial review of the CSM, the bulk requirements of the code appear to be met. Final engineering review is pending and any review comments will need to be addressed before the CSM can be recorded. All Engineering review comments will need to be addressed before the CSM can be signed by the City and recorded. One of the initial comments that needs to be addressed is that the City's wetland protection offset of 15 feet must be added to the CSM, along with the typical wetland and wetland protection offset notes. Staff recommends approval subject to meeting all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 077-2010 Approval of Resolution PC 077-2010 Resolution #PC 077-2010 LEGEND Agenda Item(s) Property Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2007 rCITY OF n Prepared by City of Muskego L1s7KGl.I 1Planning 0/25/2010 Department Supplemental Map Property Owner: Jim Rozeski W186 S9159 Racine Avenue RESOLUTION #P.C. 077-2010 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE ROZESKI PROPERTY LOCATED IN THE SW'/4 OF SECTION 21 (TAX KEY NO. 2243.997.001 / W186 S9159 RACINE AVENUE) WHEREAS, On October 18, 2010 a Certified Survey Map was submitted by Jim Rozeski for a two (2) lot land division located in the SW'/4 of Section 21 (Tax Key No. 2243.997.001 / W186 S9159 Racine Avenue), and WHEREAS, The two parcels vary is size from 2.218 acres to 4.385 acres, and WHEREAS, Said property is currently zoned RC-1 — Country Residence requiring minimum lot size of 80,000 square feet and an average minimum width of 200 feet, and WHEREAS, The 2020 Plan depicts the area for Rural Density Residential uses and the proposal is consistent with the plan, and WHEREAS, Said parcels will be serviced by private on -site mound/septic systems and private water wells. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Jim Rozeski for a two (2) lot land division of the property located in the SW '/4 of Section 21 (Tax Key No. 2243.997.001 / W186 S9159 Racine Ave), subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the City's wetland protection offset of 15 feet must be added to the CSM, along with the typical wetland and wetland protection offset notes. BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: November 2, 2010 ATTEST: Kellie McMullen, Recording Secretary CERTIFIED SURVEY MAP NO. BEING PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWN- SHIP 5 NORTH, RANGE 20 EAST OF THE FOURTH PRINCIPAL MERIDIAN, IN THE CITY OF MUSKEGO, COUNTY OF WAUKESHA, AND STATE OF WISCONSIN. PREPARED FOR: PREPARED BY: I T JAMES J. ROZESKI FRANKL IN J- LEHMAN ZONED RC-1 7 THIS C.S.M. W186S9159 RACINE AVE. 789 CHICORY ROAD SETBACKS MUSKEGO, WI 53150 BURLINGTON, WISCONSIN r' (282)767-8786 STREET = 40' — SW +1 /4 JOB NO: 100901CSM ALL SIDES = 30' " DATE: SEPT. 30, 2010 WETLAND = 50' per City Munlcipol Code SOIL TYPES: Alb, Shb —` VICINITY MAP OUTLOT 2 SW 1/4 SEC. 21-5-20 NW CDR SW 1/4 WOUDLANO CREEK ESTATES WOODLAND CREEK ESTATES SCALE: 1" 2000' SECTION 21-5-20 N.326073.59 _ E-2496022.49 _2fi4.4Q' NORTH LINE SW 1/4 SECTION 21-5-40 iJ88' 13'30^F �' a � ,_ — 2426.86' �- N88'13'30"E � 1 • 3 NE COR SW 114 SECTION 21-5-20 +L w❑ S81-39'b0" N-326156-82 v4L a r 1 E.249870s.07 r" 5s'lf. UNPLATTED LAND rnre Il ce AIL LOT 2 4.385 Ac. s 0. 191,013 eq.ft- vr�j Ott. 10202 sq. It, gwage � 1 I// EXIST- C 1 v d1 DWELLING Q }e! A -der. V� CURVE DATA rY ,y 2657 sq. ft. 797.5 41 • 4� RADIUS - 4533,66' Q ��yh � (b AL dl � "well ,`? ys. ARC LENGTH - 112,28' v Ail. CHD. 112.27' .�. POLE BARN CHO BEARING - S36'15'05'W AL _ A 1852 rq- It. b, INCL. ANGLE 01'25'08` on �Y. rlk me note NOTE: FOUND IRON PIPE 0-81' EAST AND 0.25' 1 Ak LOT I SOUTH OF ACTUAL CORNER. CORNER FALLS IN .119 A4 LARGE WOODEN FENCE POST rn Ilnn q �. 21 8 Ac h�� H f 2.21 A It "� NOTE: WEILAN❑ AREA AS FIELD STAKED BY DNR a AND SEWRPC AND FIELD LOCATED BY THIS OFFICE. ?dry w �h1 DNR FILE REF. N FNF-SE-2010-68-03280 NOTE: BEARINGS HEREON RELATE TO GRID NORTH m ua.' 4 OF TIIC WISCONSIN STATE PLANE COORDINATE LA cn 'O "�' SYSTEM, SOUTH ZONE, (NAD27) w UNPLATTEO LAND t la rn rA p N r�l 150 75 0 150 i SCAT.£: 1" 150' � Iq I 0 !J1 rn N FOUND WAUKESHA COUNTY 6" SO. CONCRETE MONUMENT WITH BRASS CAP, a - FOUND 1.3 0.0. IRON PIPE SW COR SW 1/4 SECTION 21-5-20 - SET 0.75' O.D. x 24" IRON ROD N.323418.74 WEIGHING NOT LESS THAN E-2496129.92 1.13 Ibs./ lin. ft. - SOIL TEST SITE FRANKLIN J. LEHMAN 5-2211 SHEET 1 OF 3 SEPTEMBER 30, 2010 THIS INSTRUMENT DRAFTED BY FRANKLIN J. LEHMAN City of Muskego Plan Commission Supplement PC 075-2010 For the meeting of. November 2, 2010 REQUEST: Rezoning from M-3 (Landfill & Extractive) to M-2 (General Industrial District), a 2020 Comprehensive Plan Amendment to Industrial, and Certified Survey Map. Janesville Road / Tax Key No. 2229.989 SE'/4 of Section 18 PETITIONER: Curt Klenz INTRODUCED: November 2, 2010 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 075-2010 The petitioner requests a rezoning from M-3 Landfill & Extractive District to M-2 General Industrial District to allow for a new use on this property (auto repair planned). The request also requires a 2020 Comprehensive Plan amendment from landfill & extractive use to industrial use. Wisconsin Smart Growth Laws require that rezoning decisions match the 2020 plan. Lastly, a Certified Survey Map is proposed to break off the parcel being rezoned. DISCUSSION PC 075-2010 Curt Klenz (on behalf of Carl Wauer) is requesting a rezoning and a 2020 Comprehensive Land Use Plan amendment for the property located along Janesville Road (Tax Key No. 2229.989). The rezoning would be from M-3 — Landfill & Extractive District to M-2 General Industrial District. The 2020 Comprehensive Plan amendment would be from Landfill & Extractive to Industrial Use. See the side -by -side zoning/2020 Land Use map on the back of this memo for details. The petitioner is requesting this rezoning so that they can use this land along Janesville Road for a new repair shop. Currently, the owner of the BP Gas Station & Auto Repair Shop on the southwest corner of Lannon Drive and Janesville Road is to be relocated due to the impending Janesville Road reconstruction efforts. The BP owner would like to move his repair shop to this new location in western Muskego. Please note that the future use is to be a car repair shop only here, not to move a gas station out here as well. In all, this property has always been used for miscellaneous outdoor storage uses over the past decades. Though part of the Waste Management properties, this direct property was never part of any actual landfill uses or operation (staff already has a DNR letter verifying the site as clean on file). Direct access would come from Janesville Road and public utility hookup would be required. Actual business, site, and operation plan uses would need Plan Commission approval in the future. The CSM meets the bulk requirements of the code, however, there are a few Engineering review comments that need to be addressed. These items will need to be addressed and they must be rectified before the CSM will be signed and recorded. STAFF RECOMMENDATION PC 075-2010 Approval of Resolution PC 075-2010 Staff recommends approval since less intense uses are actually being requested as part of this rezoning and due to future approvals needed from the City's Planning Commission on the overall business use. Lastly, this will allow an opportunity for a business to stay in Muskego as a result of the Janesville Road reconstruction. Resolution #PC 075-2010 LEGEND Agenda Item(s) Property Zoning Districts /"k,./ Right-of-way Hydrography Aerial Photo Date: April 2007 K'-M.USKEGO, c r3' OF Prepared by City of Muskego Planning Dep 10/26/201 0 artment Supplemental Map Property Owner: Carl Wauer Janesville Road RESOLUTION #P.C. 075-2010 RECOMMENDATION TO COUNCIL TO REZONE THE WAUER PROPERTY FROM THE M-3 LANDFILL & EXTRACTIVE DISTRICT TO M-2 GENERAL INDUSTRIAL DISTRICT, A 2020 COMPREHENSIVE PLAN AMENDMENT FROM LANDFILL & EXTRACTIVE TO INDUSTRIAL, AND CERTIFIED SURVEY MAP APPROVAL LOCATED IN THE SE'/4 OF SECTION 18 (TAX KEY NO. 2229.989 / JANESVILLE ROAD) WHEREAS, On September 26, 2010 a petition for a rezoning was submitted by Curt Klenz (on behalf of Carl Wauer) to rezone a property from the M-3 Landfill & Extractive District to M-2 General Industrial District, to amend the 2020 Comprehensive Plan from landfill & extractive use to industrial use, and to allow a land division via Certified Survey Map (Tax Key No 2229.989 / Janesville Road), and WHEREAS, The reason for the request is so that they can use this land along Janesville Road for a new auto repair shop, and WHEREAS, The BP Gas Station & Auto Repair Shop is to be relocated due to the impending Janesville Road reconstruction efforts and the owner would like to move his repair shop to this new location in western Muskego, and WHEREAS, The future use intended is to be a car repair shop only and not to move a gas station out here as well, and WHEREAS, This property has been used for miscellaneous outdoor storage uses over the past decades, and WHEREAS, This direct property was never part of any actual landfill uses or operation and staff has a DNR letter verifying the site as clean on file, and WHEREAS, Direct access would come from Janesville Road and public utility hookup would be required, and WHEREAS, Plan Commission BSO approvals are required for any future building in this area regardless of the rezoning, and WHEREAS, A Public Hearing for the rezoning is before the Common Council on October 26, 2010, and WHEREAS, The property is currently served by municipal sanitary sewer and municipal water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from the M-3 Landfill & Extractive District to M-2 General Industrial District, to amend the 2020 Comprehensive Plan from landfill & extractive use to industrial use, and to allow a land division via Certified Survey Map (Tax Key No 2229.989 / Janesville Road) subject to the following: BE IT FURTHER RESOLVED, That the rezoning doesn't guarantee future building, site, and operation plan approvals without Planning Commission approval first. BE IT FURTHER RESOLVED, That all technical corrections on the CSM from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: November 2, 2010 ATTEST: Kellie McMullen, Recording Secretary r� Y ti -' ITT TQ' s, 70 I tj a tO .+4N� 4L�L �u } �� 1 tJl � l J 00 5' Wide Wisc. BEIL R/ W GRANT per Ooc. No- 1296368 R n 6,8 w. %xC J O�SYI D4b` fl 1:ov ao _ C% D VLnW� I So VEND: ' n—DENOTES I"x24" IRON PIPE, WITH AN OU SIDE DIAMETER OF 1.315 INCHES AND 10� WIDE WEIGHING 1.68 LESS. PER LINEAL. FOOT, SET AT WEPCORI W ALL LOT CORNERS UNLESS NOTED OTHERWISE. NOTE: }r HEARINGS REFER TO THE WISCONSIN STATE p i PLANE CO-ORDINATE SYSTEM SOUTH TONE. THE EAST LINE OF THE SOUTHWEST 1/4 OF SECnON 18-5-20 WAS TAKEN TO HEAR NOI'07'05"W. _ / l (IVAI]-27) GRAPHIC '�CALI m f o. so. 120• l.AN� I" riC' SOUTHEAST CORNER OF j, T14E SOUT14WEST 1/4 OF SECTION 18-5-20 Sheet I of 3 ' f Cast Iron Monument with Brass Cap September 23, 2010 N 32 57 E 2,497a7,9292s.71 METR❑P❑LITAN ENGINEERING, INC. This Instrument drafted by Scott F. Zimmerman, RLS-2639 n. law roe -am r.0 7sr44m IMLACAII DFtAVINGS\SurVrysIS210000-250\S210077 Carl Vau►r.dvp 9/24/2010 1213L20 PM CDT V" CERTIFIED SURVEY MAP No. BEING A PART OF THE NORTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. NORTHEAST CORNER OF VICINITY MAP THE SOUTHWEST 1/4OF SOUTHWEST 1/4 OF Nmans Na Monuo Mono (in ment [in Pond SECTION 18-5-20 N 33 i,125-32 SCALE; V . 2000' E 2,497,874.19 SOUTH WITNESS COR- r 6'x6' Conc- Mon. Broom Cap 2 n 120.52' online to South rA aa N 331,007.82 + N 2 E 2,487,876Ab4 .N O. tj Pi X N c IJRVB TAB I.It �YT rxU�- CVRVE RAD1tla ota.Tn LENant CHORD 'MRn MARIN[ W Cl I860.00 4-Z9'la• 144A 144.52SSS-40.57-W 1R�3 LOT 1 d 4G,928 aq. ft. [�] 0-94 acres VACANT iINP1 Anna L&NUa S'UTH wim of THS Nolcm?- v 1/4 OF T}1& 80UTHW E3T 114 OF $zcT!oN te-520 . City of Muskego Plan Commission Supplement PC 076-2010 For the meeting of: November 2, 2010 REQUEST: Conditional Use Grant and Building, Site and Operation Plan — Bed & Breakfast Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive SW '/4 of Section 33 PETITIONER: Mike & Deb Reher INTRODUCED: November 2, 2010 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 076-2010 The petitioner is requesting a Conditional Use Grant (CUG) and Building Site and Operation Plan (BSO) approval for a Bed & Breakfast at their existing property located on Muskego Dam Drive. The submittal includes a narrative and a site layout. The public hearing for this item is being held in front of the Plan Commission on November 2, 2010. All Bed & Breakfast establishments also require a permit/license through the State and/or County. The property owners have been alerted of this and are in the process of getting the required permit/license. This will need to be completed before the CUG could be signed and recorded. This is the first time that this type of CUG has been requested in Muskego as the Bed & Breakfast Ordinance was just recently approved. PLAN CONSISTENCY PC 076-2010 Comprehensive Plan: rTheopo010 Plan depicts the area for Rural Density Residential. The sal is consistent with the Plan. Zoning: The property is zoned A-1 — Agricultural District. The allowance of a Bed & Breakfast requires a Conditional Use Grant. Parks and Conservation Plan: The 2011 Plan does not depict any Park and/or Conservation areas on this site. The proposal is consistent with the Plan. Street System Plan: Not applicable at this time. Adopted 208 Sanitary Sewer The lot is currently served by a private on -site sewer system. The Service Area: proposal is consistent with the Plan. Water Capacity Assessment F e lot is serviced by a private water well. District: 0Stormwater Management Not applicable at this time. Plan: DISCUSSION PC 076-2010 The proposed Bed & Breakfast facility will consist of one (1) unit within an existing accessory structure (cottage) on the property. This is the only proposed unit at this time. The unit is about 600 square feet in size and consists of a bed, nightstand, sofa, and dining room table. The bathroom includes a double sink, whirlpool tub, shower, and toilet. The unit also includes the following appliances: TV, microwave, coffee maker, toaster, and a dormitory refrigerator. Any additional future units will need to receive Plan Commission approval. There is parking provided on site on a gravel driveway/parking area near the unit. This accessory structure is already setup as a residential unit and there are limited alterations that are needed. There are plans to possibly add a fireplace, porch, and patio in the future. There is existing landscaping on site and around the building. As stated above, the Zoning Code (Section 8.01(3)B.15.) was modified in August 2010 to provide the new provisions for Bed & Breakfast establishments. The proposal meets all of the required Bed & Breakfast regulations. There are a few items that would be conditions of approval, based upon the code requirements, as follows: No liquor is to be sold or served on the premises unless the operator has first obtained a liquor license from the City. No other meals, other than breakfast, shall be provided on the premises. All bed and breakfast facilities must maintain a guest logbook that must include the names and home address of guests, guest license plate numbers if traveling by automobile, dates of stay, and the room number of each guest. The log must be available for inspection by City public safety staff upon request. No guest shall stay in the facility for more than fourteen (14) days within any thirty (30) day period. The Zoning Code section relating to CUG's, Section 14, states the following regarding the basis for approvals of a CUG: The Plan Commission shall base their determination on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional grants. The Plan Commission will need to determine if the proposed use fits within the above noted guidelines. The Plan Commission may also want to consider/discuss if they would like to have an annual review for this use on this property. Overall staff feels that the proposed use in this specific location should not be bothersome or a hindrance to the surrounding area or neighborhood. There is only one unit being proposed at this time, so this should be an easy transition for this property and neighborhood. The property in question is located on a very rural lot in a rural part of the City, and as such staff does not think it will be a problem. Staff recommends approval based on the given information. STAFF RECOMMENDATION PC 076-2010 Approval of Resolution PC 076-2010 Resolution #PC 076-2010 LEGEND Agenda Item(s) Property Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2007 rCITY OF n Prepared by City of Muskego L1s7KGl.I 1Planning 0/25/2010 Department Supplemental Map Property Owner: Mike & Deb Reher W187 S10740 Muskego Dam Drive RESOLUTION #PC 076-2010 APPROVAL OF A CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR A BED AND BREAKFAST ON THE REHER PROPERTY LOCATED IN THE SW'/4 OF SECTION 33 (W187 S10740 MUSKEGO DAM DRIVE / TAX KEY NO. 2291.998.001) WHEREAS, A petition was received on October 4, 2010 for a Conditional Use Grant and Building Site and Operation Plan for a Bed and Breakfast at an existing home located on the Deb and Mike Reher property at W187 S10740 Muskego Dam Drive (Tax Key No. 2291.998.001), and WHEREAS, The property is zoned A-1 Agricultural District, and the Bed & Breakfast use requires a Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and WHEREAS, A Public Hearing was held on November 2, 2010 in front of the Plan Commission for the proposed use, and WHEREAS, Bed & Breakfast rentals such as this also require a permit/license through the State and/or County, and WHEREAS, The property currently contains a home and multiple accessory structures, one of which is for the proposed Bed & Breakfast unit, and WHEREAS, There is only one (1) unit proposed at this time and that unit is about 600 square feet in size, and WHEREAS, The unit contains a bed, nightstand, sofa, dining room table, double sink, whirlpool tub, shower, and a toilet, along with the following appliances: TV, microwave, coffee maker, toaster, and a dormitory refrigerator, and WHEREAS, There is parking provided on site on a gravel driveway/parking area near the unit. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building Site and Operation Plan for a Bed & Breakfast on the Deb & Mike Reher property at W187 S10740 Muskego Dam Road (Tax Key No. 2291.998.001). BE IT FURTHER RESOLVED, That all required permits/licenses through the State and/or County must be provided to the City before the Conditional Use Grant can be recorded and before the use can legally be allowed and all required permits/licenses must stay current and active. BE IT FURTHER RESOLVED, That at the discretion of the Planning Department, the operations subject to this Conditional Use Grant may be subject to further review or re -review by the Plan Commission if the property and/or the uses do not remain is accordance with the grounds of this approval, and any future operations which are deemed to be inconsistent with this approving resolution may be subject to further conditions by the Plan Commission and possible revocation of the Conditional Use Grant. BE IT FURTHER RESOLVED, That any additional future units will require a separate Plan Commission approval BE IT FURTHER RESOLVED, That the following items are conditions of approval: 1. No liquor is to be sold or served on the premises unless the operator has first obtained a liquor license from the City. 2. No other meals, other than breakfast, shall be provided on the premises. 3. All bed and breakfast facilities must maintain a guest logbook that must include the names and home address of guests, guest license plate numbers if traveling by automobile, dates of stay, and the room number of each guest. The log must be available for inspection by City public safety staff upon request. 4. No guest shall stay in the facility for more than fourteen (14) days within any thirty (30) day period. 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: Defeated: Deferred: Introduced: November 2, 2010 ATTEST: Kellie McMullen, Recording Secretary Exhibit B Grandma's Cottage Grandma's Cottage is an owner managed bed and breakfast located on the owner's property along the south edge of the 5.7 acre property line. The cottage is a single level 600 sq ft stand alone building consisting of a bed, nightstands, sofa, and dining roam table. The bathroom facilities consist of a double sink, whirlpool tub, shower, and separate toilet. Appliances include TV, microwave, coffee maker, toaster, and dormitory refrigerator. The cottage is rented on a nightly basis with maid service and morning breakfast provided, it will serve one couple at a time. Parking is in the front of Grandma's Cottage. At a later date it would be desired to add a fireplace, porch, and patio as part of the cottage. TM 1 inch W 80 feet 0 40 80 160 240 320 N Feet SKEG • [7RM pF , f-:7 28C.00' PlA r'e ` cv G % f v: i 4 ..' City of Muskego Plan Commission Supplement PC 078-2010 For the meeting of. November 2, 2010 REQUEST: Amended Building Site and Operation Plan for Bush Gardens (Former Atonement Lutheran Church) Tax Key No. 2167.998.002 / S68 W14891 Janesville Road SW '/4 of Section 2 PETITIONER: Lynn Kurer INTRODUCED: November 2, 2010 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 078-2010 On October 26, 2010 a submittal was received from Lynn Kurer to amend the updates to Bush Gardens (Banquet facility at the old Atonement Lutheran Church building). Certain amendments described below are very unsubstantial but staff requested that the amendments go back to Planning Commission due to the change in the parking arrangements so this is on file with the Planning Commission. CONSISTENCY WITH ADOPTED PLANS 078-2010 Comprehensive Plan: The 2010 Plan depicts the area for commercial uses consistent with the approval of Ordinance #1277 with the HC-1 zoning. The proposed uses are consistent with the 2010 Plan. Zoning: ra zoning of the property is HC-1 Historic Crossroads District as was roved as part of Ordinance #1277. The proposed uses are sistent with the HC-1 zoning. Parks and Conservation Plan The Parks and Conservation Plan does not show any park land or environmental areas on the proposed lots. The proposal is consistent with the Plan. Street System Plan: All existing streets are dedicated to their ultimate widths. Further, parking lots and access are all shared, via easement, with the adjoining Bushy's Pub and Grill property to the east. The proposal is consistent with the Plan. Adopted Sanitary Sewer Public sanitary sewer serves the development. The proposal is Service Area: Iconsistent with the Plan. Water Capacity Assessment Public water serves the development. The proposal is consistent with District: the Plan. Stormwater Management Stormwater management will no longer be required for the Plan: improvements but any impervious surface additions will count towards future needs of stormwater management should more improvements take place in the future of the Bush Gardens lot. Redevelopment District #1: The BSO petition is within the Redevelopment District #1,which promotes the usage of the Historic Crossroads Design Guide for new improvements and the new requests are not substantial to require actual Community Development Authority recommendation STAFF DISCUSSION PC 078-2010 Bush Gardens received Planning Commission approval per Resolution #082-2008, however, the actual construction of those approvals haven't taken place as of yet. The petitioner wishes to now make minor modifications to the site plan (parking lot configuration) and to the building elevations. Again, certain amendments described below are very unsubstantial but staff requested that the amendments go back to Planning Commission due to the change in the parking arrangements so this is on file with the Planning Commission. Architecture The building was formally approved to remain the same size and height, but to receive extensive modifications to adapt to the Arts and Crafts/Garden Style architectural requirements of the HC-1 zoning district. The building elevation amendments will largely remain the same as the original approvals, however a few modifications are as follows: • The north elevation originally showed that a portion of the building along the east side was to be removed and this portion of the fagade will now remain, but the siding will be replaced with a hardi-plank material. • The east elevation originally showed a simple hardi-plank wall after a majority of this area was to be removed. This portion is now to be converted to a partial outdoor enclosure with materials and architectural qualities matching the rest of the newly updated structure. This facades upgrades should greatly enhance the structure compared to the original approvals. • The south elevation is to remain the same as original approvals, but will now eliminate two of the windows and the brackets under the main doorway. • The west elevation is to remain the same with the exception of moving two windows, that are under the new deck, from the middle of the structure out to the ends. The majority of the structure is to be rebuilt with the following materials still: 1. New dimensional shingles matching Bushy' Pub and Grill are to be added throughout. 2. Most of the existing brick and stonewalls are to remain. Some may be removed for new windows. 3. All vinyl and wood siding will be removed and replaced with Hardi-Plank. 4. Existing Stucco and EIFS will be replaced with Hardi-Plank. 5. Wood trim and soffits will be re -stained consistent with Bushy's Pub and Grill quality and appearance. The colors on the structure will compliment the Bushy's Pub and Grill building to the east and all colors are of earth tones and the proposal continues to meet the Historic Crossroads Deign Guide area and the General Design Guide. Site Plan and Parking The site plan modifications, in relation to the original approvals, are to minorly reconfigure the parking lot on the south and east facades rather than fully recreate the parking lot on the site. This change isn't substantial, however, a new shared parking agreement is. A shared parking lot user agreement with the Muskego Norway School District (agreement attached to supplement) has been attained by the petitioners. The shared parking agreement between Bushy's and the MNSD sets forth that Bushy's may use the parking stalls at the Tess Corners Elementary School for events at Bush Gardens and it is part of the agreement that school events and Bush Gardens events will not be going on at the same time so that proper usage of the parking lots occur (done via scheduling between Lynn Kurer and MNSD). The existing parking lot for Bush Gardens is already shared with Bushy's Pub & Grill via easement and the new proposal for the site plan shows that a total of 114 parking stalls would now be found between these two sites after the modifications to the parking is complete. There is approximately 83 parking stalls located at the adjacent Tess Corners Elementary School. Thus, total of 197 parking stalls is found between Bush Gardens, Bushy's sites, and the Tess Corners Elementary School. The existing parking lot, along with the shared parking area (used only when the Bush Gardens area is in use) meets the City of Muskego ordinance for parking per below: Bushy's Pub and Grill: (3,000 sq. ft. of dining space) = 60 spaces (1 space for every 100 SF) Bush Gardens Room Seating Dining/Bar at (1,773 SF of space) = 35 spaces (1 space for every 200 sq. ft.) Assembly Hall Area (156 people) = 52 spaces (1 space for every 3 people) Office = 1 space Overall, appropriate parking is found on the site for the operations of Bushy's and Bush Gardens as long as the agreement with MNSD is upheld. Since we can't be sure that this agreement will be found in perpetuity, the resolution is worded per the following: BE IT FURTHER RESOLVED, That the approval for Bush Gardens depends on utilizing the parking of the Tess Corners Elementary School and the parking agreement with MNSD. Should that agreement go away, the Bush Gardens property will be responsible for ensuring that a total of 148 parking stalls or more, depending on the square footage at the time, is constructed between the Bush Gardens and Bushy's properties. Construction of the new parking will have to take place within 6 months of the parking agreement being removed. One other issue with the parking is that seven of the new parking stalls are shown to be for compact cars at 16 feet long and 8 feet wide. Since this is not allowed by the City's ordinance the resolution is worded per the following: BE IT FURTHER RESOLVED, That no compact car parking stalls are allowed and the site plan will have to be updated to meet the zoning code requirements instead. Fire Department Review The newly proposed parking plan modifications are under review of the Fire Department for possible Fire Street modifications. Whenever a site is updated it must follow the Fire Code regulations regarding Fire Streets. If the site plan has to be modified to fit a Fire Street there is a chance that the current configuration along the southern facade may change. The resolution reads that any changes would need to get Fire Department approvals before the issuance of building permits. Landscaping A new landscape plan was part of the old submittal and an updated landscape plan with similar plantings per the past approvals will be required. The resolution states the landscape plan is subject to City Forester approval before the release of building permits unless weather dictates a spring installation, which will then have to occur by May 2011. The new landscape plan must meet the same specifications as the original Bush Gardens approvals including the additional landscaping along the southern parking lot and foundations plantings. All conditions of the past approval per Resolution #082-2008 apply as part of this approval including, but not limited to, the following: BE IT FURTHER RESOLVED, That the hours of operation are subject to the review of the Finance Committee and the liquor license determination and this will include the use of the new outdoor patio area. BE IT FURTHER RESOLVED, That an annual review will be held yearly in conjunction with the existing Bushy's annual review to review any changes needed for this approved BSO in relation to any nuisances that may come about (noise, lights, etc.) BE IT FURTHER RESOLVED, All proposed signage will require formal permits with the Planning and Building Departments at the time of building permits to determine size allowances. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) shall be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Department. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That all handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That no outdoor storage of any type is allowed on the site including, but not limited to, dumpsters, pallets, supplies, materials, and racking. STAFF RECOMMENDATION PC 078-2010 Approval of Resolution PC 078-2010 Resolution #PC 078-2010 LEGEND Agenda Item(s) Property Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2007 CITY OFPreparedPrepared by City of Muskego Planning rlL (;0 10/26/2010 Department Supplemental Map Petitioner: Lynn Kurer S68 W14891 Janesville Rd Area of Interes E a�P -.pO�Stt� RESOLUTION #P.C. 078-2010 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR BUSH GARDENS LOCATED IN THE SW'/4 OF SECTION 2 (S68 W14891 JANESVILLE ROAD / TAX KEY NO. 2167.998.002) WHEREAS, On October 26, 2010 a submittal was received for an amendment to the Building, Site, and Operation Plan for Bush Gardens located at S68 W14891 Janesville Road (Former Atonement Lutheran Church property / Tax Key No. 2167.998.002), and WHEREAS, Bush Gardens received Planning Commission approval per Resolution #082-2008, however, the actual construction of those approvals haven't taken place as of yet, and WHEREAS, The petitioner wishes to make minor modifications to the site plan (parking lot configuration) and to the building elevations, and WHEREAS, Certain amendments described below are unsubstantial but staff requested that the amendments go back to Planning Commission due to the change in the parking arrangements so this is on file with the Planning Commission, and WHEREAS, The building was formally approved to remain the same size and height, but to receive extensive modifications to adapt to the Arts and Crafts/Garden Style architectural requirements of the HC-1 zoning district, and WHEREAS, The building elevation amendments will largely remain the same as the original approvals, however a few modifications are as follows: • The north elevation originally showed that a portion of the building along the east side was to be removed and this portion of the fagade will now remain, but the siding will be replaced with a hardi-plank material. • The east elevation originally showed a simple hardi-plank wall after a majority of this area was to be removed and this portion is now to be converted to a partial outdoor enclosure with materials and architectural qualities matching the rest of the newly updated structure. • The south elevation is to remain the same as original approvals, but will now eliminate two of the windows and the brackets under the main doorway. • The west elevation is to remain the same with the exception of moving two windows, that are under the new deck, from the middle of the structure out to the ends. WHEREAS, The majority of the structure is to be rebuilt with the following materials: 1. New dimensional shingles matching Bushy' Pub and Grill are to be added throughout. 2. Most of the existing brick and stonewalls are to remain. Some may be removed for new windows. 3. All vinyl and wood siding will be removed and replaced with Hardi-Plank. 4. Existing Stucco and EIFS will be replaced with Hardi-Plank. 5. Wood trim and soffits will be re -stained consistent with Bushy's Pub and Grill quality and appearance. WHEREAS, Colors on the structure will compliment the Bushy's Pub and Grill building to the east and all colors are of earth tones, and WHEREAS, The proposal continues to meet the Historic Crossroads Deign Guide area and the General Design Guide, and WHEREAS, The proposal follows the business uses found in the 2010 Plan and follows the HC-1 Historic Crossroads District zoning existing on this property, and WHEREAS, The site plan modifications, in relation to the original approvals, are to minorly reconfigure the parking lot on the south and east facades rather than fully recreate the parking lot on the site, and WHEREAS, A shared parking lot user agreement with the Muskego Norway School District has been approved between MNSD and Bush Gardens/Bushy's, and WHEREAS, The shared parking agreement between Bushy's and the MNSD sets forth that Bushy's may use the parking stalls at the Tess Corners Elementary School for events at Bush Gardens and it is part of the agreement that school events and Bush Gardens events will not be going on at the same time so that proper usage of the parking lots occur (done via scheduling between Lynn Kurer and MNSD), and WHEREAS, The existing parking lot for Bush Gardens is already shared with Bushy's Pub & Grill via easement and the new proposal for the site plan shows that a total of 114 parking stalls would now be found between these two sites after the modifications to the parking is complete, and WHEREAS, The parking modifications are shown to occur on the south and east facades of Bush Gardens to better accommodate traffic, and WHEREAS, Seven of the new parking stalls are shown to be for compact cars at 16 feet long and 8 feet wide, and WHEREAS, There is approximately 83 parking stalls located at the adjacent Tess Corners Elementary School, and WHEREAS, The submittal shows a total of 114 parking stalls on the Bush Gardens and Bushy's sites along with another 83 parking stalls on the Tess Corners Elementary School totaling 197 parking stalls for the area, and WHEREAS, The existing parking lot, along with the shared parking area (used only when the Bush Gardens area is in use) meets the City of Muskego ordinance for parking per below: Bushy's Pub and Grill: (3,000 sq. ft. of dining space) = 60 spaces (1 space for every 100 SF) Bush Gardens Room Seating Dining/Bar at (1,773 SF of space) = 35 spaces (1 space for every 200 sq. ft.) Assembly hall Area (156 people) = 52 spaces (1 space for every 3 people) Office = 1 space, and WHEREAS, Appropriate parking is found on the site for the operations of Bushy's and Bush Gardens as long as the agreement with MNSD is upheld, and WHEREAS, If the agreement with MNSD is removed, approximately 148 stalls would be required onsite for Bushy's and Bush Gardens operations per the Muskego Zoning Code, and WHEREAS, Appropriate access is found throughout the site with multiple shared entrances, appropriate markings, and appropriate access lane widths, and WHEREAS, Curbing is to be added where the updates to the parking lot is occurring, and WHEREAS, The newly proposed parking plan modifications are under review of the Fire Department and Fire Department approval may modify the site plan as shown in this approval, and WHEREAS, A new landscape plan was part of the old submittal and an updated landscape plan with similar plantings per the past approvals will be required, and WHEREAS, Signage modifications are to be the same (wall signage and one monument sign) and any signage modifications will be required to receive a separate permit in the Community Development Department, and WHEREAS, Lighting will remain the same with the exception of mounting a couple more heads on existing poles and these heads will match the existing approved fixtures, and WHEREAS, An existing refuse enclosure exists as part of the Bushy's Pub and Grill site and will be used for the refuse needs of Bush Gardens, and WHEREAS, The site is serviced by public water and sewer, and WHEREAS, Stormwater management will no longer be required for the improvements but any impervious surface additions will count towards future needs of stormwater management should more improvements take place in the future of the Bush Gardens lot, and WHEREAS, The BSO petition is within the Redevelopment District #1,which promotes the usage of the Historic Crossroads Design Guide for new improvements and the new requests are not substantial to require actual Community Development Authority recommendation. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for Bush Gardens located at S68 W14891 Janesville Road (Former Atonement Lutheran Church property / Tax Key No. 2167.998.002). BE IT FURTHER RESOLVED, That no compact car parking stalls are allowed and the site plan will have to be update to meet the zoning code requirements instead. BE IT FURTHER RESOLVED, That the approval for Bush Gardens depends on utilizing the parking of the Tess Corners Elementary School and the parking agreement with MNSD. Should that agreement go away, the Bush Gardens property will be responsible for ensuring that a total of 148 parking stalls or more, depending on the square footage at the time, is constructed between the Bush Gardens and Bushy's properties. Construction of the new parking will have to take place within 6 months of the parking agreement being removed. BE IT FURTHER RESOLVED, This approval is dependent on Fire Department approval of the site plan modifications and the site plan may be required to change based upon Fire Department determinations regarding a Fire Street. BE IT FURTHER RESOLVED, The landscape plan is subject to City Forester approval before the release of building permits unless weather dictates a spring installation, which will then have to occur by May 2011. BE IT FURTHER RESOLVED, The new landscape plan must meet the same specifications as the original Bush Gardens approvals including the additional landscaping along the southern parking lot and foundations plantings. BE IT FURTHER RESOLVED, That the hours of operation are subject to the review of the Finance Committee and the liquor license determination and this will include the use of the new outdoor patio area. BE IT FURTHER RESOLVED, That all conditions of the past approval per Resolution #082-2008 apply as part of this approval including, but not limited to, the following: BE IT FURTHER RESOLVED, That an annual review will be held yearly in conjunction with the existing Bushy's annual review to review any changes needed for this approved BSO in relation to any nuisances that may come about (noise, lights, etc.) BE IT FURTHER RESOLVED, All proposed signage will require formal permits with the Planning and Building Departments at the time of building permits to determine size allowances. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) shall be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Department. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That all handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That no outdoor storage of any type is allowed on the site including, but not limited to, dumpsters, pallets, supplies, materials, and racking. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. 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: Denied: Deferred: Introduced: November 2, 2010 ATTEST: Kellie McMullen, Recording Secretary CITY OF MUSkEqO: PLANNIW DEPT'_ REGARDING: BUSH ClARDf;NS i ALREADY PREVIOUSLY RECEIVED APPROVAL FOR BUSR GARDENS SITE AND OPERATION PLAN T EIZE ARE A FMI CHAWES I AM REQUESTINC7: PA'RKINC: ENCLOSED FIND A MUMAL PARKJNC Ar4REEMENr BETWEEN BUSH CiARDLNSIBUSITY'S PUB F_x T`ESS CORNERS SCHOOL. THIS WILL ALLOW ALL PARTIES TO USE EACH OT-f ERS PARKING FOR OVER FLOW PAFKINCG, THE NEED FOR ExrRA PARKING WILL BE FACILITATED 8Y ME SRARED PARKING* ACIREEMENT BETWEEN EACH PARTY NEW PARKINca WILL 73E ADDED ON ME LAST AND EVENTUALLY NEW SPACES IN TifE FRONT (SOUTH ELEV.) EAS EL€VATYON CHAN(jE: `E WOULD LIKE rO KEEP TWE OLD SANCTUARY (EASTSIDE OF 8LDcT.) TO 13E USED FOR AN OUTSIDE PATYO BUT REMOVE TWE KIrCHEN AREA_ (APPROx.552 SQUARE Er.) T'HE PATIO WILL BE OPEN ON ME EAST AND PARTIAL SOUTH-( WALL. ME NORM WALL WILL 14AVE A STORAGE CLOSET. MERE WILL 8E DECORATIVE RAILINCjS AND GATES WITH BRICK (ro MArcfc ExiSTINQ BRICK ON CHUNCY) AND COLUMNS TO ENCLOSE T E AREA ON THEE EAST AND SOUTH WALLS. THERE WILL BE NANDI-GAP ACCESS soU77i ELEVATION: REMOVE ONE WINDOW AND PUT LICINTING FIXTURES NEXT TO FRONT ENTRANCE. REMOVE COLUMNS NEXT r0 DOOR_._ LOOKS TO BUSY. ALL DOORS AND WINDOWS TWAT ARE ExISTINCx WILL REMAIN WEST ELEVATION REMOVE 2 WINDOWS ON T}WE DECK IN ORDER TO HAVE MORE WALL SPACE INTERIOR (EASIER TO ARRANGE FURNITURE) WINDOWS TO HAVE GRIDS ON TOY ONLY. SO CUSrOMERS WILL HAVE A BETTER VIEW OUTSIDE 7WE WINDOWS ON T+fE LOWER LEVEL WILL BE MOVED OVER TO THE ENDS OF THE SLDG• FOR ORE LI(�RT NO LITES ON THE COLUMNS (RECESSED LIGfifrS IN THE SOFT INSTEAD) COLUMNS WILL BE STRAlOffr INSTEAD OF ANGLED INTER 6ATHIZOOMS WILL HAVE .3-TOIL-Er CABINETS EACH AND WE 1UILL BRING THE HANDI-CAP STALL UP 70 CODE, BAT74ROOMS WILL BE MAVE LARGER BY rAKINCi Our T-HEJANIrOR CLOSETS AND WAT'ER FOUNTAIN . COATROOM WILL REMAIN IN EXISTING LOCATION KITC14EN BECOMES LARGER WE ARf< TAKING PART OF r}f E OFFICE SPACE FOR DISH WASRING AND EquipmENr TWERE WILL BE NO 1E5778LlLE ON f=ASr SIDE. DOOR WILL BE COVERED BY A ROOF FROM T-H PA770_ NEW DECORATIVE SECURITY DOOR WILL BE INSTALLED DATE: TO: MUSKEGO SCHOOL DISTRICT FROM: LYNN KURER RE-- TESS CORNERS SCHOOL PARKING LOT I am writing on behalf of Bushy's Pub and Grill. Tess Corners School and Bushy's Pub and Grill have had a long-standing good relationship as neighbors for the past 28 years. We have traditionally shared overflow parking. I would like to suggest that there be a written agreement for our properties. We are in the mist of renovating the former church (Bush Gardens) and would like to ask the School Board's mutual agreement so that both entities may be assured of adequate overflow parking. We are going to be putting a hall in the former church to be used for weddings and business meetings. We will possibly need extra parking for these events. We know that the School has similar needs for special event and conferences. Bush Gardens and Bushy's hours of operation would be late afternoon evening hours on weekends, with an occasional weekday evening event. There is no need to conflict with school events. We can avoid any conflict by sharing schedules. We would ask the School to provide a schedule of its annual events so that we can plan for them. We are asking the School for a mutual written agreement for the shared parking. The agreement would be between the School District and BUKU, LLC. We will provide signs for the School's overflow parking so the parents/visitors are aware of the extra parking. The spaces we would provide would be at the West end of the lot. Please contact me to discuss this matter further after you have had a chance to review this letter. Sincerely, Lynn Kurer (Owner of BUKU, LLC d/b/a Bush Gardens) Bush Gardens Property Address: S76 W 14831 Janesville Road, Muskego, WI Telephone: (414) 422-1 b3 5 TO: MUSKEGO DISTRICT OFFICE FROM: LYNN KURER REGARDING: MUTUAL PARKING AGREEMENT BETWEEN TESS CORNERS SCHOOL AND BUSITY'S PUB AND GRILL / BUKU LLC MUSKEGO SCHOOL DISTRICT FOR (TESS CORNERS SCHOOL) GIVES BUSITY'S PUB & GRILL 8c BUKU LLC PERMISSION TO USE THE PARKING LOT AT TESS CORNERS SCHOOL FOR OVER FLOW PARKING. BUSITY'S PUB & GRILL/BUKU LLC GIVES PERMISSION TO TESS CORNERS SCHOOL TO USE THEIR PARKING LOT FOR FAMILIES & VISITORS FOR THE SCHOOLS OVER FLOW PARKING. BUSITY'S WILL PROVIDE SIGNS FOR THE SCHOOLS EXTRA PARKING (WEST LOT) THIS AGREEMENT WILL BIND ALL SUCCESSOR'S AND ASSIGNS TESS CORNERS SCHOOL AUTHORIZED REPRESENATIVE r SIGNED BY: l2ib .2 - __ .. _ DATE: 1c PRINT NAME: Co� ct- if t-ukoe Ob ftiv1 -,At-. -j 5Q"U1ty-s BUSITY'S PUB & GRILL BUKU LLC SIGNED BY: 0117 L. DATE:��1G' PRINT NAME. r� — SIGNED BY: PRINT NAM zz/z,// "4 oi{� SATE: f 1=• fix, ;�:x .���� 0 NEW SITE PLAN SCALE I•' 20-0' A . . iR1llldl�/ •un•nl�+;•nlnnlaa la �� r� ►,� � a c � nrl`�r, a• .r4pwT-T-m n ■ ml;i I livilm Bill i1 L rllii:!i 7a r Rnn�r.�1.�►r�ir�. 1'1I �l+l A�i� IAA 11 R�AI Ml� 'i11�JI�1► V�G 1 J L L ' b� vt � pia— - -- - 2.w•��x _ a a.ucamm�— _ b _ _ '- BALCONY ROOF FRAMING PLAN e � drd b b Tom b E BALCONY FLOOR FRAMING PLAN wxd u k� RELOMMY TERRACE TRELLIS FRAMING PLAN - ` v r.we ama� 2.rax - 2.NlN to sm 5-w—m•va mnan•pa I �i MiEEl.i1mE I , S.'.YmD�a ` rv2rx �I tecx bl BALCONY COLUMN ELEVATION BALCONY SECTION_ Yhrd — COLUMN SEISCT mod— -- —"yoAVXWMDr aFW. = McCOY ENGINEERING .ue BUSH GARDENS S67 W14831 JMESVIUF RD •s '� ao..a MUSIEGO, WI T10i5 STRLPMF I PLANS S-2 wm G1111��11'P7�/1�11� 1 FsTalw,421 <iT•?l a 0991 I,I1GTi •I�r4 0 NEW ROOF PLAN SME i/8, = "-a' TAU 11ir = .'-6* ai�All T H ".TU Im 93 'If; 11 V1am ,40 INII&V5111 Rik i TIEFTeroM . ".T.T-M I.. INSIMORMI Luj ¢rs.*x gal vacs c. aos uzl.c .nos cm ,c.l fE•YL p•.(1 ..•�. ail•--•_ �-��—�:- —_---- +mo+ PROPOSED 9 tnt Ca C.' II �n IIrri �L: i • 11<iT•TIRIF •11/��■ 1'1�T�111 11I, ii ,arc I IN I'Pill, ��rrrrlT•t>tr.�� w.r .I;lu�e,/�:Inrm�.'�lnn- Its _4v 14 - +�1 NOTE CRAB EARS SHALL BE T X- STAINLESS STEEL 'UBLIC TOILET rL A\_ TRU-93RO-iA\DILAV INSULATION KJ j PROVIDE A T ALL 36- I EXDOSED ,PIPING 1-2 __ _ _ _. .-I • • •� I -- !ohet pooer� NOMEN'S IDIET LLEVATC.N - - E SCA._ t u -- — ----- ------ Im. EXISTING WEST ELEVATION YFST r—� -".,AT CIN —4,411". 44111-1.0"! ScAff 1/8, _ —0, SCA—r i/-' = `-T WN.P.9m. a - . . islIlUdIll' ml TrNl L I sTmAr,rAm NOM"sTl amp"WO-w- PVT_% a 911 KI IRV r. 1 It Pi INS 4 lk - ""Illp ITI �v roill;S1,11114111 AN" 12111" wpm"-"- -wilmmff-mol A IWA = W'Amms AIIL TM r iisisnr✓-i Ft+it»+ Ftco+e EL. 8Nl�3Y✓-) NOFP--.,T� ELEVATI ON - fi�i�0i=OS�D SCALE- Oro" = P-O" NORTH ELEVATION- EX15TING 0 a 0 N w OW w LL 0 d) W WQ 0 O� Q m � BAST ELEVATION- FROF05ED SCALE: 1/16" = V-O" 0 s 0 ly m F EAST ELEVATION- EX15TING; SCALE- 1/16" = V-O" FWD i; QOR EL. 81973Y✓-) C�:ADE SOUTH ELEVATION- ProPoseo SCALE: i/lh" = 1'-O" SOUTH ELEVATION- exisnNG SCALE: 1/16" = 1'-C" FNI9H ROC d_ 643II'(« UJF=-5T ELEVATION- f=Fcf=>c&r=c) SCALE: 1/lro" = V-O" WEST ELEVATION- EXI&TING SCALE: 1/16'' = 1'-O"