CUG216 WisconsinYouthSportsAssociation 20210123216
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in Section 3, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2169.993.013
4545419
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
January 06, 2021 08:18 AM
Janes R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Biiii`iwiuoo
Recording Area
Vame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2169.993.013
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. CUB 2 (1967) Conditional Use Grant Grant No. 216
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this ` 1 day of OIqbI YL,2020
By Nicole Lutz, Wisconsin Youth Sports Association, 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
TAX KEY NO.
2169.993.013
Kr 1-JKN '1'0:
Attn: Planning Department
City of Muskego
W 182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NW '/4 of Section 3, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2169.993.013.
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
216 was issued under date of October 6, 2020 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 indoor baseball/softball training facility under the allowance of "indoor
health and fitness facilities" in the BP-3 zoning district. t
In Witness Whereof, Grantors have hereunto set their hands and seals this �A day of QMQ), (L 2020.
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 2012. President
Ind 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.
THIISTRUME
r191TrC� S DRAFTED BY
{� (SEAL)
-- - ---------------------------------------(SEAL)
Nicole Lutz, Wisconsin Youth Sports Association
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this i I ^ day of Q C+, 2020, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
- l rc.--,ux -------------- -------
11,.r.Q.
Notary Public, to of Wisconsi
My Commission expires 10 S a`Q^Y P&4 llll
r WENDY
) *
FREDLDND
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 theron the names of the 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 QUG 1 (1967) CONDITIONAL USE GRANT Grant Number 216
Secs. 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 W160 S6369 Commerce Drive 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 2169.993.013.
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
indoor baseball/softball training facility under the allowance of "indoor health and fitness facilities" in
the BP-3 zoning district.
GRANTED by action of the Plan Commission of the City of Muskego the 6' day of October 2020.
Attest:
- -- -- - A (Seal)
--- -----------------
„ etfalsl ' Jr.
--
--------------------------�-------------------------- Title Mayor
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Original filed in the office of the Plan Com issio f e ity of Muskego.
/T Signed:
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. 059-2020
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:
17. Conditions on the Buildings See attached Resolution #P.C. 059-2020
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. 059-2020
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location and 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 acknowledged the qP�day of 6CIaB,;-�, 2020.
---------- - -------------------------------------------
Mavj eiqt1L
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 059-2020
APPROVAL OF A CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN
AMENDMENT FOR WISCONSIN YOUTH SPORTS ASSOCIATION
LOCATED IN THE NE Y4 OF SECTION 3
(TAX KEY NO. 2169.993.013 / W160 S6369 COMMERCE DRIVE)
WHEREAS, A submittal was received for Conditional Use Grant (CUG) and a Building, Site and
Operation (BSO) Plan amendment for Wisconsin Youth Sports Association (WYSA) located at
W160 S6369 Commerce Drive / Tax Key No. 2169.993.013, and
WHEREAS, The petitioner is proposing that a portion of the existing building be utilized as an
indoor baseball and softball training facility, and
WHEREAS, The building currently houses Global Fastener & Supply and empty tenant space
that would be occupied by WYSA, and
WHEREAS, Within the BP-3 Zoning District a Conditional Use Grant (CUG) is required for any
indoor health and fitness facilities, and
WHEREAS, The facility will have office space, a parent clubhouse and infield area as well as
room for eight separate batting cages, and
WHEREAS, The baseball/softball facility will be a year-round operation from 9:00 AM to 10:00
PM daily, and
WHEREAS, The existing building and parking lot has approximately 44 stalls in front of the
building with 37 stalls available for this use in the front of the building during normal business
hours, and
WHEREAS, After normal business hours, the baseball/softball facility could use all of the parking
stalls as the other business under the same roof are closed at that time, and
WHEREAS, The applicant provided projections of people that will be there at any time ranging
from 40 to 45, and
WHEREAS, The applicant also notes that there is room to add/mark an additional fifty parking
stalls in the back of the building near the shipping/received docks if ever needed, and
WHEREAS, Based on this projected growth and the limited number of parking stalls, staff is
recommending a one-time yearly review to be able to review any parking issues or concerns that
may arise from the is new practice facility, and
WHEREAS, There are no other exterior changes to the building, lighting or signage proposed.
THEREFORE BE IT RESOLVED, The Plan Commission approves Conditional Use Grant and
Building, Site and Operation Plan Amendment for the Wisconsin Youth Sports Association at
W160 S6369 Commerce Drive / Tax Key No. 2169.993.013.
BE IT FURTHER RESOLVED, A one-time yearly review is required to be able to review any
parking issues or concerns that may arise from the is new practice facility.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, vehicles,
trailers, equipment etc. is allowed on site at any time and no outdoor training activities/equipment
are proposed or approved on site at this time.
BE IT FURTHER RESOLVED, If any exterior modifications are proposed, Plan Commission
approval is required.
BE IT FURTHER RESOLVED, If any lighting, signage or fencing are requested in the future
appropriate permits will be needed from the City and any new/altered exterior lighting (wall
mounted, structure mounted, and/or pole mounted) must meet all City required lighting specs,
including all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, 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: October 6, 2020
Denied:
Deferred:
Introduced: October 6, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager