CUG213 Jiffy Lube213 11 Conditional Use Grant
Document Number 11 Document Title
Please see attached
A parcel of land located in Section 3, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2169.999.012
4473494
REGISTER OF DEEDS
WAUKESHA COUNTY, Wi
RECORDED ON
May 11 2020 11:40 AN
James k Behreid
Pegister of Deeds
9 PGS
TOTAL FEE: 30.00
TRANS FEE: 0.00
Book Page
111111111 111111111
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2169.999.012
Parcel Identification Number (PIN)
This information must be completed by submitter: document title, name & return address, and PIN (if required). Other information such
as the granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the
document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes, 59.517. WRDA 2/96
Relates to
No CUG 2 (1967) Conditional Use Grant Grant No. 213
NO.
Acceptance of Conditions of Conditional Use Grant.
R
THIS COVENANT, Made this �_ day of )00_'Q(W (2019
By Jiffy Lube, Grantor, for the use and benefit of all persons from time to time
resident or owning property within the boundaries of the City of Muskego,
Waukesha County, Wisconsin, and for the use and benefit of the said City of
Muskego in its own right and as agent for the purpose of enforcing these presents
on behalf of the above described class of person, Grantees.
The premises affected by these presents (hereinafter called the Premises) are
the following described lands in Township 5 North. Range 20 East, in the County
of Waukesha and State of Wisconsin, to -wit:
THIS SPACE RESERVED FOR RECORDING DATA
FAX KEY NO.
t 169.999.012
RETURN TO:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SW t/4 of Section 3, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2169.999.012.
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, instruments not of record, and mortgages to bans, savings and loan
association or insurance companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by
Conditional Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site, building
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
213 was issued under date of January 8, 2019 and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming
any estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described in the
Conditional Use Grant for the purpose of allowing an auto service/maintenance facility. � 20
In Witness Whereof, Grantors have hereunto set their hands and seals this I` da of , 2-0q-9~
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of , 2012. President
and Secretary of the above name corporation
to me known to be such persons and officers who executed
foregoing instrument and acknowledged that they executed
same as such officers, by its authority, for the purposes
contained.
THIS INSTRU E'T VAS DRAFTED BY
i (SEAL)
11 ft (Z (g. .?-j i--a 0 (✓
---------- --- ----; -------------(SEAL)
Robert F. Strandt, Jr. '
STATE OF Wi•Se&NS-1 )
'41,/1 R-� 1S )SS
Waif tES'HAA COUNTY) Personally came before me
this day of r i�@�1-}, the above named foregoing
to m� known to be the persons who executed
the foregoing instrument and acknowledged the same.
----- ------------------------------------------------
Notary Public, State of sensin Rf pi,6
My Commission expi
SHERYLE KOPP
*= My Notary ID t# 124036569
Expires November 6, 2021
-------------------------------------------------(SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this day of , 2019, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
(Section 59.51 (1) of the Wisconsin Statutes provides that all instruments to be recorded shall have plainly printed or typewritten Ihero n the names oft he grantors, grantees, witnesses and notary.
Section 59.513 similarly requires that the name of the person who, or governmental agency which, drafted such instrument, shall be printed, typewritten, stamped or written theron in a legible
manner.)
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 213
Sees. 62.23, 61.35, 60.74 and 59.97 Wis. Stats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at S64 W15890 Commerce Center Parkway in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in Section 3, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2169.999.012.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
upon petition such use may be approved by the municipality as a Conditional Use Grant in particular
circumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
City of Muskego having determined that by reason of the particular nature, character and circumstances of the
proposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
stated, that the Premises may be used as described in the Conditional Use Grant for the purpose of allowing an
auto service/maintenance facility.
GRANTED by action of the Plan Commission of the City of Muskego t49-8th/day of January 2019.
Attest: ---- '. ---� : �
------_ --------------------------------(Seal)
Kathv Ctiiakerotti
��uuururr
----------------=----------- --------------- Title Mayor ��•`` USKE
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Original filed in the office of the Plan Co miss n f k>e City of Muskego. J°%, �G\
Signed: '+rr,rnt1ttt O
The CONDITIONS of this Grant are:
1. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
acceptance hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant,
is made within N/A months of the date hereof.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
of this municipality.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
shall be made a part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
NIEDECKEN 467N MILWAUKEE
(OVER)
6. Conditions on the Operations See attached Resolution #P.C. 001-2019
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
7. Conditions on the Buildings See attached Resolution #P.C. 001-2019
a. Facade material of each building side:
b. Entrances, Design and Location
c. Signs attached to the Building, Location, Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
18. Conditions on the Site See attached Resolution #P.C. 001-2019
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j . Other:
Receipt of a True Copy of this instrument on behalf of the
petitioner acknowledge the d#y of l L;Wl, 2019.
----------;1-------------- - -----------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 001-2019
APPROVAL OF A CONDITIONAL USE GRANT FOR JIFFY LUBE
LOCATED IN THE NE % OF SECTION 3
(TAX KEY NO. 2169.999.011 / COMMERCE CENTER PARKWAY)
WHEREAS, Jiffy Lube received approval for a Building, Site, and Operation (BSO) Plan and a
two lot Certified Survey Map (CSM) for a new auto service center located on Commerce Center
Parkway (Tax Key No. 2169.999.011) under PC 060-2018 on December 4, 2018, and
WHEREAS, The use of this site by Jiffy Lube as a new auto service center also requires a
Conditional Use Grant (CUG), and
WHEREAS, The property is zoned BP-1 Business and Office Park Support District and that
district allows automotive service facilities with a CUG, and
WHEREAS, A Public Hearing for the Conditional Use Grant (CUG) was heard before the Plan
Commission on January 8, 2019 and
WHEREAS, The 2020 Comprehensive Plan shows this property as business park/commercial
uses and the proposal is consistent with the plan, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of Conditional Use Grant
for Jiffy Lube located on Commerce Center Parkway (Tax Key No. 2169.999.010).
BE IT FURTHER RESOLVED, All conditional approved as part of PC 060-2018 are still if full
effect and are applicable to this approval as well.
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: January 8, 2019
Denied:
Deferred:
Introduced: January 8, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
AMENDED
RESOLUTION #P.C. 060-2018
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN, GONDITION i USE GRANT
AND TWO LOT CERTIFIED SURVEY MAP FOR JIFFY LUBE
LOCATED IN THE NE % OF SECTION 3
(TAX KEY NO. 2169.999.011 / COMMERCE CENTER PARKWAY)
WHEREAS, A submittal was received from Jiffy Lube for approval of a Building, Site, and
Operation Plan, , and a two lot Certified Survey Map (CSM) for a
new auto service center located on Commerce Center Parkway (Tax Key No. 2169.999.011), and
WHEREAS, The property is zoned BP-1 Business and Office Park Support District and that
district allows automotive service facilities with a CUG, and
c•,,,,.,, �� WHEREAS,,eR DeGem tie. n 2048 and
WHEREAS, The 2020 Comprehensive Plan shows this property as business park/commercial
uses and the proposal is consistent with the plan, and
WHEREAS, As part of the newly proposed auto service facility, a Certified Survey Map (CSM) is
proposed that would create two lots; one for Jiffy Lube and one for the remnant portion of the lot
which will remain vacant at this time, and
WHEREAS, The sizes of the two lots on the CSM are 40,275 SF (0.92 acres) and 336,824 SF
(7.73 acres), and
WHERAS, The proposed CSM meets the bulk requirements of the BP-1 district, and
WHEREAS, The newly proposed auto service center totals about 4,174 square feet in area
(3,031 SF for 1" floor and 1,093 SF for the pit area) and contains four service bays along with the
associates office/cashier and waiting facilities for the business, and
WHEREAS, Hours of the business are proposed to Monday through Friday from 8 AM to 6 PM,
Saturdays from 8 AM to 5 PM and Sundays from 10 AM to 4 PM, and
WHEREAS, The business will have a maximum of 6-8 employees per shift and the business
expects an average of 25-30 customers per day, and
WHEREAS, Deliveries are expected to occur during typical business hours, and
WHEREAS, This property is governed by the Business Park Design Guide and the General
Design Guide, and
WHEREAS, The proposed building is clad mostly with a stone veneer and some EFIS and will
contain bronze storefront windows and dark bronze overhead doors and trim, and
WHEREAS, The elevations include the following percentages of masonry:
• West (Moorland Road) — 78%
• East (Commerce Center Parkway) — 82%
• North — 52%
• South — 38 %
• Total for Full Building — 68%, and
WHEREAS, The overhead doors each contain at least two rows of windows, and
WHEREAS, There are some type of awning/accent features shown above some of the windows
and doors but specific details are not provided, and
WHEREAS, Most elevations contain varying depths, materials, and door/window features, but the
north elevation lacks some architectural details, and
WHEREAS. Various types of wall signage and a monument sign are included in the packet but no
specifics are covered, and
WHEREAS, There are very large bands of signage shown on the west and south elevations, and
WHEREAS, The applicant has stated that the preliminary plans are to have all exterior
mechanicals for the building located on the ground, rather than on the roof, and
WHEREAS, A dumpster enclosure is proposed on -site and it is proposed to be clad with painted
CMU block and contain metal framed gate with composite inserts, and
WHEREAS, The site plan shows fourteen parking stalls on site along with eight queuing spots in
front of the four service bay doors, and this appears to meet the needs of the business based on
the employee count and expected customer count, and
WHEREAS, All parking stalls are shown to be 10' x 20' in size, as recommended by code, with
the exception of one handicap stall, and
WHEREAS, The site is shown to contain curb and gutter throughout, and
WHEREAS, Access to the site is gained via Commerce Center Parkway, along with cross -access
through the adjacent Burger King site, and
WHEREAS, Two additional cross -access points are provided through this site to the adjacent
vacant land for future development, and
WHEREAS, No direct access is proposed to Moorland Road, and
WHEREAS, A landscape plan has been provided that shows various landscaping throughout the
site, and
WHEREAS, A photometric plan has been included along with some specs of proposed lighting
fixtures, and
WHEREAS, The photometric plan indicates that the lighting will all be building mounted and pole
mounted, and
WHEREAS, The development will be served by municipal water and municipal sewer and
possible water and sewer extensions may be required to help accommodate future development
of the remaining vacant area, and
WHEREAS, Regional stormwater ponds exist within this development and does not need to be
accommodated for on -site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan, GGR&OGRal Use GFant, and two lot Certified Survey Map for Jiffy Lube located on
Commerce Center Parkway (Tax Key No. 2169.999.010).
BE IT FURTHER RESOLVED, The overhead doors must contain two or more full rows of
overhead windows.
BE IT FURTHER RESOLVED, The north elevation needs to contain some additional architecture
detail, such as a possible window element (with or without spandrel grass) as is used on the
south elevation as this would help show four-sided architecture and consistency on all elevations.
BE IT FURTHER RESOLVED, The awning/features shown above some doors and windows
should be replaced with a horizontal type awning/sunshade to help convey a horizontal feel
above these elements and the horizontal type awning/sunshade should be followed through
above all windows and doors on all elevation to help show four-sided architecture and
consistency on all elevations.
BE IT FURTHER RESOLVED, The back sides of the parapet walls must be clad with the same
materials as on the front portions of the walls due to the visibility of these features given the
grades around this site.
BE IT FURTHER RESOLVED, The dumpster enclosure should be clad with the same stone
material as is being used on the building.
BE IT FURTHER RESOLVED, Separate sign permits will be required before any signage
(temporary or permanent) can be installed and this includes any signage on the building or
freestanding.
BE IT FURTHER RESOLVED, The large signage bands should be removed and replaced with
smaller more traditional signage as they may be over the 3% wall signage allowance and since
they detract from the overall architectural appearance.
BE IT FURTHER RESOLVED, The monument sign should contain a stone base to match the
building materials.
BE IT FURTHER RESOLVED, No outdoor storage or display of products is allowed at any time
on -site.
BE IT FURTHER RESOLVED, All lighting must be zero degree tilt and full cut-off and the
concrete bases for any pole lights cannot exceed 6 inches in height above grade.
BE IT FURTHER RESOLVED, The height of any light poles cannot exceed the greater of either
15 feet or the average wall/peak height of the building.
BE IT FURTHER RESOLVED, The site plan is subject to Fire Department approvals before
Building Permits can be issued and possible changes to the site plan may be required based
upon the final Fire Department review.
BE IT FURTHER RESOLVED, The final landscape plan must be submitted for formal review
before building permits can be issued.
BE IT FURTHER RESOLVED, The final plan must include 6 foot tall or taller evergreen/arborvitae
type screening around the transformer and/or other ground/wall mounted mechanicals and must
also include the street trees being placed along the right-of-way frontages more equally spaced
and not clustered on one side of the lot or the other.
BE IT FURTHER RESOLVED, Easements must be shown on the CSM for cross -access and for
any required public utility extensions.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required
before the issuance of any permits as it relates to technical CSM corrections and overall site
design.
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be
painted to match the colors of the principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the
ground or mounted to the building so they are not moveable.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the
design of the site/structure (screening, etc.) and should be approved by the Planning Division
before the issuance of building permits.
BE IT FURTHER RESOLVED, That a Conditional Use Grant must be approved by the Plan
Commission prior to any building permits being issued.
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: December 4, 2018
Denied:
Deferred:
Introduced: December 4, 2018
ATTEST: Adam Trzebiatowski, Planning Manager