PCR2010078
AMENDED
RESOLUTION #P.C. 078-2010
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR BUSH
GARDENS LOCATED IN THE SW ¼ 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 façade 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 developer’s agreement between Bushy’s and
the City of Muskego be recorded to establish that the landowner is responsible for
constructing the additional needed parking stalls should the shared parking
agreement go away with the Muskego Norway School District.
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: November 2, 2010
Denied:
Deferred:
Introduced: November 2, 2010
ATTEST: Kellie McMullen, Recording Secretary