CUG 222 Recorded Kwik Trip 20230404222
Conditional Use Grant
Document Number
Please see attached
Document Title
A parcel of land located in Section 1, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2162.999.002
See attached Exhibit A for full Legal Description.
4712586
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
larch 21 2023 08:54 All
James R 6ehrend
Register of Deeds
3 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
3ook Page
I111iVIIII111
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2162.999.002
Parcel Identification Number (PIN)
oue
30
MSC
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
a crntco to
No. CUG 2 (1967) Conditional Use Grant Grant No. 222
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this .54 day of�, 2022
By Kwik Trip, Inc. Grantor, for the use and benefit of all p rsons 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:
See attached Exhibit A for full Legal Description.
AX KEY NO.
162.999.002
Attn: Planning Department
City of Muskego
W 182 S8200 Racine Ave
Muskego, WI 53150
Grantor warrants and covenants that at the time of the ensealing and delivery of these presents it is the owner 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.
Grantor represents that petition on its 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 Grantor 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
222 was issued under date of November 5, 2019 and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accepts the said Conditional Use Grant and covenants strictly to comply with all of
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantor and all persons claiming
any estate of interest in the Premises by, through or under the Grantor, as long as the said Premises are used as described in the
Conditional Use Grant for the purpose of allowing a gasoline service station in the B-2 Local Service Center Zoning
District.
In Witness Whereof, Grantor has hereunto set its hands and seals this �day of _� 1?� 2025�.
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of , 2022.
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 TRUMENT WAS DRAFTED BY
(SEAL)
a T Tt(y (, (print name)
Kwik Trip, nc
STATE OF WISCONSIN)
)SS
LA CROSSE COUNTY) Personally came before me
this � day of JtU -, 202-, the above named foregoing
J. iJnb to me known to be the persons who executed
the Coregoing instrument and acknowledged the same.
Notary Poll �S�ti sconsin
My Ct�i
,DEB E T y
1 v •. .
NOT Z
----------------------------=------------------(S1 ,A yi: & Cl)
STATE OF WlkON,8IN) �'�i3O.c''' ••....•
WAUKESHA COUNTY) Personally came beforeoN\\\\`\
this day of _ , 2022, 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
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 222
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 S63 W13510 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
See attached Exhibit A for full Legal Description.
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 a
gasoline service station in the B-2 Local Service Center Zoning District.
GRANTED by action of the Plan Commission of the City of Muskego the 5"' day of November 2019.
Attest: --- ----- ---- - ----- - -- - --- ------ (Seal)
r R e a ski Jr oFIlt44s�'!'''
--- - - - -- ------ -- - .........
-- - Title Mayor •� �••.
Kerr oiler (Mayor, President, Chairman) V:'G�Rppp, ,G) M
Title Clerk r l�
(City, Village, Town County) Clerk
b
Original filed in the office of the Plan Co missio o t City of Muskego. '�fES{�,,��`�
1flilIIIIV11111
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. 063-2019
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. 063-2019
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. 063-2019
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 t d
--- -----
ay of JAN�% 2022.
--------------- ------ - - - -----------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION #P.C. 063-2019
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AND CONDITIONAL USE GRANT
FOR KWIK TRIP LOCATED IN THE NW % OF SECTION 1
(TAX KEY NO. 2162.999.002 / S63 W13510 JANESVILLE ROAD - COLLEGE AVENUE)
WHEREAS, A submittal was received from Kwik Trip for a new gas station/convenience store/car
wash located at Janesville Road and College Avenue (Tax Key No. 2162.999.002 / S63 W13510
Janesville Road), and
WHEREAS, The property is zoned B-2 Local Service Center District and that district allows gas
stations via a Conditional Use Grant (CUG), and
WHEREAS, A Public Hearing for the Conditional Use Grant (CUG) was heard before the Plan
Commission on November 5, 2019 and
WHEREAS, The 2020 Comprehensive Plan shows this property for commercial uses and the
proposal is consistent with the plan, and
WHEREAS, This property currently contains a building that was formerly used as a bank and will
be removed as part this project, and
WHEREAS, The proposal is to build a new convenience store/gas station totaling about 9,156
square feet with a separate canopy area to cover 12 multi -product fuel dispensers (24 total
fueling stations), and
WHEREAS, Hours of the business are proposed as 24 hours per day, and
WHEREAS, The business will have a total of 28-35 employees with between two and eight of
those being on -site at a time, and
WHEREAS, This property is governed by the General Design Guide and the Historic Crossroads
Design Guide, and
WHEREAS, The proposed building is clad with a brick up to the windows and then a composite
horizontal lap siding to the soffit on all four elevations, along with brick columns and an arch
feature above the entry, as well as on the bump -out on the east elevation, and
WHEREAS, The building has windows shown on three of the elevations and a dormer on three
elevations with a gable front to be clad with shake -style siding, and
WHEREAS, The building contains a standing -seam metal hip roof, with rooftop mechanical units
set within the recessed are of the roof to be screened from all four sides of the building, and
WHEREAS, The gas canopy design will match the building with a standing -seam metal hip roof
and brick columns extending nine -feet from grade on all canopy support columns, and
WHEREAS, The Historic Crossroad Design Guide generally discourages standing -seam metal
roofs, but they can be allowable subject to Plan Commission review and approval, and
WHEREAS, The garbage enclosure is attached to the rear of the building and enclosed with a
brick wall matching the brick on the store with composite board doors to screen the garbage
canisters, and
WHEREAS, The existing cross -access easement near Janesville Road for connection to the site
to the west will be vacated, and
WHEREAS, Kwik Trip is actively working with the western neighbor to form an
agreement/easement for cross -access between the two sites, and
WHEREAS, The site plan currently shows 27 parking stalls on -site with 20 additional parking
locations by the pumps and based on the code requirement at least 24 stall are required, and
WHEREAS, All parking stalls are shown to vary in size pending the location on -site; six of the
stalls are the standard 10' x 20'; two spaces are 9' x 20'; six are 9'6" x 20'; and the eleven spaces
closest to College Avenue are 9'6" x 18', and
WHEREAS, Access to the site is proposed via the existing driveway along Janesville Road and
two cross access easements with the site to the west, and
WHEREAS, Waukesha County has all control over the Janesville Road and College Avenue
access points since those are county highways, and
WHEREAS, There is an area adjacent to the parking stalls along College Avenue proposed for
two picnic tables for outdoor seating.
WHEREAS, A landscape plan has been provided that shows various landscaping throughout the
site, and
WHEREAS, A photometric plan has been included along with specs of proposed lighting fixtures,
and
WHEREAS, The photometric plan indicates that the lighting will all be building mounted, soffit
mounted, and pole mounted, and
WHEREAS, The photometric plan shows that the lighting levels do not exceed 0.5 foot-candles at
the lot lines, and
WHEREAS, Signage has been proposed as follows: a Kwik Trip wall sign is proposed on each of
the three gable features facing, one facing each east, south and west; one sign on the gas
canopy facing west; and two freestanding monument signs one on each College Avenue and
Janesville Road, and
WHEREAS, The development will be served by municipal sewer, and
WHEREAS, The development is not currently served by municipal water, but since water is
located less than 700 feet away, preliminary discussions have indicated that the municipal water
main will need to be extended to this site as part of its redevelopment, and
WHEREAS, Stormwater management facilities will be located east of the convenience store/car
wash building on -site, and
WHEREAS, The site plans currently show concrete curb and gutter on the site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan and a Conditional Use Grant for Kwik Trip located at Janesville Road and College
Avenue (Tax Key No. 2162.999.002 / S63 W13510 Janesville Road)
BE IT FURTHER RESOLVED, All deliveries (products, fuel, etc.) and trash pick-up hours are
limited to between 7:00 AM and 9:00 PM with the exception of the Kwik Trip Corporation
deliveries.
BE IT FURTHER RESOLVED, All Kwik Trip Corporation deliveries (Kwik Trip fresh food)
delivery hours are limited to between 7:00 AM and 11:00 PM.
BE IT FURTHER RESOLVED, The access points off of Janesville Road and College Avenue will
need to be reviewed by the County.
BE IT FURTHER RESOLVED, Prior to building permit being issued, the cross -access easements
with the property to the west must be recorded and submitted to the City.
BE IT FURTHER RESOLVED, Since there is a sidewalk provided in front of this business along
Janesville Road, a pedestrian connection to this sidewalk will need to be provided.
BE IT FURTHER RESOLVED, Due to residential neighbors to the north and south, the car wash
operations within the proposed development must be limited to the hours of lam to 10pm and the
the entry and exit doors must remain completely closed, except for when a vehicle is actively
entering or leaving the car wash.
BE IT FURTHER RESOLVED, The color of the eveFhead doors and any solid pedestrian doors
needs to match the color of the building.
BE IT FURTHER RESOLVED, The color of the car wash doors are allowed as proposed
(aluminum with frosted plastic panels) with additional evergreen tree plantings to
sufficiently screen the exit door of the car wash.
BE IT FURTHER RESOLVED, The public water main will need to be expended as part this site
redevelopment.
BE IT FURTHER RESOLVED, The cost of any water main extensions are the responsibly of the
developer/applicant.
BE IT FURTHER RESOLVED, The wall being constructed on the north side of the building to
store racks, or other equipment needs to have the interior clad with the same materials as on the
outside and as the remainder of the building.
BE IT FURTHER RESOLVED, A standing -seam metal roof is allowed due to the durability and
low maintenance of the product.
BE IT FURTHER RESOLVED, A separate sign permit 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 proposed monument sign proposed along College
Avenue must not include an electronic message center.
BE IT FURTHER RESOLVED, Outdoor storage/sales of LP and ice are limited to the containers
and locations as proposed on the plans (two ice and one LP) with the exterior of all to be painted
a burgundy color to match the building.
BE IT FURTHER RESOLVED, Outdoor merchandise sales of salt is limited to the inner three gas
pump islands in between the pumps only (not on the end caps) and must be raised on a curbed
surface and maintained at all times in a confined area.
BE IT FURTHER RESOLVED, No additional 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 eve 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 and changes/additions to the plan may be required.
BE IT FURTHER RESOLVED, The 15-foot landscape buffer, per the Historic Crossroads Design
Guide, can be reduced to ten feet with additional plantings.
BE IT FURTHER RESOLVED, All landscaping must be located completed on private property
and not within the right-of-way.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required
before the issuance of any permits as it relates to overall site design.
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, 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, wall mounted and ground mechanicals (including
HVAC devices, electrical transformers, etc.) must be screened from view and must be approved
by the Planning Division before the issuance of building permits.
BE IT FURTHER RESOLVED, An annual review will occur on this property for the first year after
the building has been in operation and if no problems are found the annual review could be
reconsidered by the Plan Commission.
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 5, 2019
Denied:
Deferred:
Introduced: November 5, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
EXHIBIT A
PARCEL A:
PARCEL 1 OF CERTIFIED SURVEY MAP NO. 4878, RECORDED JANUARY 24, 1986 IN VOLUME 39 OF
CERTIFIED SURVEY MAPS ON PAGES 269 TO 271, AS DOCUMENT NO. 1330216, BEING A PART OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWN 5 NORTH, RANGE 20 EAST,
IN THE CITY OF MUSKEGO, COUNTY OF WAUKESHA, STATE OF WISCONSIN.
EXCEPTING THEREFROM part of Parcel 1 of Certified Survey Map 4878, recorded in Volume 39 of
Certified Survey Maps on Page 269-271 as Document No. 133021, Waukesha County Records lying in
the Northwest one -quarter of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin more particularly described as follows:
Beginning at the East corner of Parcel 1 of Certified Survey Map 4878, recorded in Volume 39 of
Certified Survey Maps on Page 269 as Document No. 1330216, Waukesha County Records; thence
South 592 26' S1" West along the southerly line of said Parcel 1211.30 feet to a point of curve;
thence southwesterly along arc of a 12 57' 45" curve 86.45 feet to a point of curve, said curve having
a center lying to the southeast, a radius of 2,919.78 feet and a long chord of 86.45 feet bearing
South 662 09' 44" West; thence northwesterly along arc of a 152 56' S9" curve 321.92 feet to a point
on the northerly line of Parcel 1, said curve having a center lying to the southwest, a radius of 359.26
feet and a long chord of 311.26 feet bearing North 652 57' S4" West; thence North 882 21' S1" East
along northerly line 545.53 feet to the point of beginning.
PARCEL B:
PARCEL 2 OF CERTIFIED SURVEY MAP NO. 4878, RECORDED JANUARY 24, 1986 IN VOLUME 39 OF
CERTIFIED SURVEY MAPS ON PAGES 269 TO 271, AS DOCUMENT NO. 1330216, BEING A PART OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWN 5 NORTH, RANGE 20 EAST,
IN THE CITY OF MUSKEGO, COUNTY OF WAUKESHA, STATE OF WISCONSIN.
EXCEPTING THEREFROM that part Parcel 2 of Certified Survey Map No. 4878, recorded January 24,
1986 in Volume 39 of Certified Survey Maps on pages 269, 270 and 271, as Document No. 1330216,
being a part of the N.E. 1/4 of the N.W. 1/4 of Section 1, Town 5 North, Range 20 East, City of
Muskego, County of Waukesha, State of Wisconsin, bounded and described as follows:
Beginning at the Southwest corner of said Parcel 2 of said Certified Survey Map; thence North 592 26'
51" East, along the South line of said Parcel 2, 347.87 feet to a point; thence North 302 33' 09" West,
155.00 feet to a point; thence South 592 26' S1" West, 347.87 feet to a point; thence South 302 33'
09" East, 155.00 feet to the Southwest corner of Parcel 2, and the point of beginning.
Tax Parcel No. MSKC 2162 999 002