CUG 221 Recorded Presbyterian Homes 20230404221
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in Section 2, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2168.961
4712638
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
March 21 2023 10:42 AM
James R dehrend
Register of Deeds
8 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Book Page
3ecording Area
\lame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, W 153150
2168.961
Parcel Identification Number (PIN)
Du` e
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. 221
Acceptance of Conditions of Conditional Use Grant. -
THIS COVENANT, Made this I d y of l &VM022
By Presbyterian Homes of Wisconsin, Inc., 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.
IS SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
2168.961
The premises affected by these presents (hereinafter called the Premises) are RETURN TO:
the following described lands in Township 5 North. Range 20 East, in the County Attn: Planning Department
of Waukesha and State of Wisconsin, to -wit: City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SE % of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2168.961.
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
221 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 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 a nursing home, rest home, and home for all aged in a PD Planned
Development Zoning District under the RM-1 Multiple Family Residence District.
l�
In Witness Whereof, Grantors have hereunto set their hands and seals this J5 d of 0 2022.
VALERIE JEAN ALT
SIGNED AND SEALED IN PRESENCE OF <c ly° NOTARY PUBLIC
-------- ---------- Ad1NUESQTA-------( )
:• '`' My Commission Expires ,tan 31, 2025 ` AL
Mark Meyer, CFO PHW Muskego, Inc (print name)
----------�------------ ------1------------------------)
LTV
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 12012. 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 INSTRUMENT WAS DRAFTED BY
Move W Frft"_ (SEAL)
.1
STATE OF MINNESOTA)
)SS
RAMSXY COUNTY) Personally came before me
this day of 1�' 2022, the above named foregoing
to me known to be the persons who executed
thefforegoing instrument and acknowledged the same.
Notary Public, State of Minnesota_
My Commission expires l�3 (.a6.
SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
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 he printed, typewritten, stamped or written theron in a legible
manner.)
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 221
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 S67 W14765 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 2, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2168.961.
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
nursing home, rest home, and home for all aged in a PD Planned Development Zoning District under the
RM-1 Multiple Family Residence District.
GRANTED by action of the Plan Commission of the City of o cn day of November 2019.
Attest: ---- ----- -- -- / ------ - -- - --- - -- ----(Seal)
� ���A �� Richard Petfalski Jr.
-xQ �ti�r<�»u u 1 uf!!!!
----- - - Of
--- ------------------------ Title Mayor �.`„..• ��, -- --
Kerri R Her ) ``\ \ ••«•.• C'i
(Mayor, President, Chairman � V ;• ORP
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Title Clerk ••
G �TF
(City, Village, Town County) Clerk City
i
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Original filed in the office of the Plan Co miss' n the City of Muskego'gC!
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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. 062-2019
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:
17. Conditions on the Buildings See attached Resolution #P.C. 062-2019
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:
118. Conditions on the Site See attached Resolution #P.C. 062-2019
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
r
petitioner acknowledgeAte 1�day of �i�A ' 2022.
---------------------------------------------------------
i�ev�r�'►�—
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C.062-2019
RECOMMENDATION TO COUNCIL TO REZONE THE PROPERTY FROM 1-1 GOVERNMENT AND
INSTITUTIONAL DISTRICT TO A PLANNED DEVELOPMENT DISTRICT, APPROVAL OF A BUILDING,
SITE AND OPERATION PLAN AND APPROVAL OF A CONDITIONAL USE GRANT
FOR PRESBYTERIAN HOMES WISCONSIN/SEN►OR HOUSING PARTNERS
LOCATED IN THE SE'/ OF SECTION 2
(W147 S6800 DURHAM PLACE / TAX KEY NO. 2168.961)
WHEREAS, A petition was submitted by Presbyterian Homes Wisconsin/Senior Housing Partners to
rezone property from 1-1 Government and Institutional District to a Planned Development (PD) District for
the property located in the SE'/ of Section 2 (Tax Key No. 2168.961 / W147 S6800 Durham Place), and
WHEREAS, Plans were submitted by Presbyterian Homes Wisconsin/Senior Housing Partners for a
Building, Site and Operation Plan (BSO) and Conditional Use Grant (CUG) for the senior housing
development, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on October 22,
2019, and
WHEREAS, A Public Hearing for the Conditional Use Grant (CUG) was heard before the Plan
Commission on November 5, 2019, and
WHEREAS, The submittal includes plans for a senior housing complex to include 80 independent living
units, 20 memory care units, 20 assisted living units and a Town Center all located within one common
building, and
WHEREAS, Based on the total size of the development (9.22 acres), 80 independent living units are
allowed under this PD zoning (with a base zoning of RM-1, which allows 5,000 SF of land per unit), and
WHEREAS, The CUG is needed for the memory care and assisted living units as they fall under the code
identification of "Nursing homes, rest homes, and homes for all aged, including day cares", and
WHEREAS, The 2020 Land Use designation of Institutional Uses will remain due to the makeup of this
multi -facet senior living complex, and
WHEREAS, There are two access points, one from Janesville Road and one from Durham Place that
must remain disconnected pursuant to Waukesha County approval of access from Janesville Road, and
WHEREAS, The northern driveway and parking areas will have vertical -face curb and gutter along with
the southern parking area and driveway up to the underground parking entrance, and
WHEREAS, Parking on the site is provided with underground parking (87 stalls) and two separate surface
parking lots (55 stalls) which equates to 1.78 stalls per unit, and
WHEREAS, The Zoning Code typically requires 2 enclosed stalls per unit plus additional visitor parking
and this proposal does not currently meet the typical requirement, and
WHEREAS, The applicant explained that in their other senior developments a ratio of one space per unit
has been sufficient, and
WHEREAS, The senior housing complex is designed to be two stories on the northern portion of the
property and three stories with underground parking on the southern portion of the property, but due to
the topography of the site the ridge of the roof of the entire complex is consistent throughout, and
WHEREAS, The height of the building on the north side facing Janesville Road has a height of about 27
feet (as measured per code from grade at the base of the building to the mid -point of the pitched roof)
and the height on the south side of the building located along Durham Place is proposed at a height of
about 37 feet (as measured per code from grade at the base of the building to the mid -point of the pitched
roof) and the height to mid -point above the Durham Place roadway elevations is between 39 feet and 45
feet, and
WHEREAS, The exterior of the proposed building includes varying stone bays and bands, cement board
siding in multiple colors, architectural reveal asphalt shingles, vinyl double glazed windows and wood
framed decks with picket railings, and
WHEREAS, The submitted renderings show the colors that are being proposed on the buildings and the
color palette including blues and greys work will with the grey colored masonry, and
WHEREAS, The total average masonry calculation on all provided elevations of the building is 51.3%
(varying between 10% and 66%), and
WHEREAS, The City's design guides typically look for about 50% masonry, but the overall quality of the
design and material usage is just as important, and
WHEREAS, A photometric plan with lighting specifics has been submitted and the light levels meet the
current code requirements, and
WHEREAS, Trash and recycling storage will be indoors with containers moved outside only on pick-up
days, and
WHEREAS, No specific details have been provided relating to any mechanical (HVAC, transformer, etc.)
units either on the ground or the roofs other than basic notes of some ground mounted features and
recessed rooftop units, and
WHEREAS, A Landscape Plan is included as part of the submittal and there is a mixture of trees, shrubs
and perennials on portions of the site, and
WHEREAS, The property will be serviced with municipal sewer and municipal water, and
WHEREAS, Stormwater management is proposed on the southern portion of the site and engineering
review will be needed to ensure the facilities are sized properly for this full development and to ensure
that existing drainage concerns on site are addressed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the Building, Site and Operation
Plan and Conditional Use Grant for the senior housing project submitted by Presbyterian Homes
Wisconsin/Senior Housing Partners located in the SE % of Section 2 (W147 S6800 Durham Place / Tax
Key No. 2168.961).
BE IT FURTHER RESOLVED, The Plan Commission is providing a positive recommendation to the
Common Council for rezoning the property from 1-1 (Government and Institutional District) to PD (Planned
Development District).
BE IT FURTHER RESOLVED, Before Building Permits can be issued, formal approval from Waukesha
County for access to Janesville Road needs to be submitted to the City.
BE IT FURTHER RESOLVED, The landscape plans are subject to formal review by the City Forester
before building permits can be issued and some additional landscaping and/or modifications will likely be
required.
BE IT FURTHER RESOLVED, Sign permits are required for any/all signage (temporary or permanent)
BE IT FURTHER RESOLVED, A final photometric plan and final lighting/pole details will be required
before any building permits can be issued.
BE IT FURTHER RESOLVED, All lighting/poles needs to meet the code requirements, including, but not
limited to, all fixtures being full cut-off and zero degree tilt, with lighting levels not exceeding 0.5 foot-
candles at the lot lines.
BE IT FURTHER RESOLVED, Any freestanding lights cannot have a concrete base that exceeds 6
inches above grade.
BE IT FURTHER RESOLVED, Since there are not formal details provided relating to
exterior/site/building/rooftop mechanical/devices (HVAC units, transformers, generators, etc.), full details
will need to be provided relating to the location and size of all exterior mechanical (HVAC units,
transformers, etc.) and all such units will need to be fully screened from all surrounding views.
BE IT FURTHER RESOLVED, All screening of exterior/site/building/rooftop mechanical/devices (HVAC
units, transformers, generator, etc. will need to be approved by the City before any building permits can
be issued and the screening should be incorporated into the design building buildings and/or site where
possible.
BE IT FURTHER RESOLVED, That no outdoor overnight storage/parking, other than daily driven
vehicles, is allowed on the property (including but not limited to dumpsters, recycle bins, equipment,
supplies, boats, trailers, campers, junk/wrecked vehicles, etc.).
BE IT FURTHER RESOLVED, That all bollards must be colored to match the colors of the principal
structure.
BE IT FURTHER RESOLVED, All parking stall sizes must meet the current code requirements of 10' x 20'
per parking stall.
BE IT FURTHER RESOLVED, The entire site needs to contain concrete curb and gutter, with the
exception of the "fire access lanes" provided east of the underground parking entry.
BE IT FURTHER RESOLVED, If the "fire access lanes" east of the parking garage entry are used as
typical driveways, rather than just for emergency purposes, then said "fire access lanes" will need to also
contain curb and gutter.
BE IT FURTHER RESOLVED, That any new handicap signs be placed permanently in the ground or
mounted to the building.
BE IT FURTHER RESOLVED, Any retaining walls that exceed six (6) feet in height are required to have a
fence or rail on the high side of them for safety.
BE IT FURTHER RESOLVED, All hydrants and water lines servicing said hydrants on site must me
publicly dedicated and located within easements.
BE IT FURTHER RESOLVED, Full engineering/utility review of the site design and utilities will need to
occur as this project proceeds.
BE IT FURTHER RESOLVED, Special attention will need to be paid to trying to resolve any existing or
new drainage concern as it relates to adjacent properties.
BE IT FURTHER RESOLVED, The final site layout is subject to Fire Department review and approval
BE IT FURTHER RESOLVED, The exterior masonry on the eastern elevation between the memory
care/assisted living units and the independent living units needs be increased to match the height of the
adjacent elevation toward the north.
BE IT FURTHER RESOLVED, Prior to building permits being issued, the overall percentage of masonry
on the entire building must be provided and be at least 50 percent.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the City 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 for each day that a violation occurs, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: November 5, 2019
Defeated:
Deferred:
Introduced: November 5, 2019
ATTEST: Adam Trzebiatowski, Planning Manager