CUG227 National Auto 20240401227 Conditional Use Grant
4759100
REGISTER OF DEEDS
L;AUKESHA COUNTY LEI
Document Number Document Title RECORDED ON
March 20 2024 01:26 PM
lasies R 6ehre.nd
Register of Deeds
7 PGS
Please see attached TOTAL FEE: $30.00
TRANS FEE: 0.00
A parcel of land located in Section 10, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2198.984.002
Book Page
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2198.984.002
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. 227
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this I77 day of Wh(40 , 2024
By Fouad Rabee of National Auto, 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:
TAX KEY NO.
2198.984.002
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 10, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2198.984.002.
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
227 was issued under date of April 5, 2023 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 sales and service facility.
In Witness Whereof, Grantors have hereunto set their hands and seals this -V" day of 1/ 2024.
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
W (Waok,,-- )SS
-WAU.KESHA-COUNTY) Personally came before
me this 1-i-i` da� of fVl�il� 20I' gin, �,� Vic; hePresident
and ,:ij� >71 m (i4i9ecretary of the above name corporation
!'� lk Et')Y1Lt Ru i t_ C
to me known to be such persons and officers who executed
foregoing instrument' and ackn&ledgcd that they executed
same as such oftceSS;y""jts ayCxitiyy for the purposes
o
contained.
THIS INSTROMENlc���1� } tAFTED BY
ry_ �" �' 7 (SEAL)
---- -
' -- � - - --�--------
(SEAL)
Fouad Rabee (print name)
STATE OF WISCONSIN)
M"Iv. Cluk--e )SS
WAtffUBSHA COUNTY) Personally came before me
this `day of L _, 2024, the above named foregoing
to me known to be the persons who executed
the foregoin instr "lent and acknowledged the same.
--------------- ---- - ----- ---------------------------
Notary Pu lic, 9t to of Wisconsin
My Commission expires Q?J2/�2p?cf`S•"p"•• •• ""•9a
N R
Y
------ ----------------- (,Eat
Adhem Mi asb h Jamaleddin '�( i> i, g®f ;%%
STATE OF WISCONSIN)
rvCI\NA-v)SS
WA1110ESM COUNTY) Personally came before me
this " day of A8P _, 2024, the above named
foregoing to me known to be the persons who executed
the foregoing�nstrpiment and acknowledged the same.
Notary Publicr,,"State of Wisconsin p
My Commission expires 0
(Section 59.51"(1')pf2heWisS,on¢i,�iStatutes'provides that all instruments to be recorded shall have plainly printed or typewritten theron the names o£the grantors, grantees , witnesses and notary.
Section 59.513 simil2riy ¢equires ltat�jhe name of the person who, or governmental agency which, drafted such instrument, shall be printed. typewritten, stamped or written theron in a legible
manner.) i 5 t it p yP p
No. Z CUG 1(1967) CONDITIONAL USE GRANT Grant Number 227
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 S73 W16730 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 10, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2198.984.002.
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 an auto
sales and service facility.
GRANTED by action of the Plan Commission of the City of Muskego the 51h day of April, 2023.
Attest:
--- - -- ----------- --- - ---- -------------------(Seal)
Rt ar Petfalski r
- -------------- ----- - I�-------- Title Mayor
Kerri oiler (Mayor, President, Chairman)
Title Clerk
(City, Village, Town County) Clerk City
Original filed in the office of the Plan Commission oft e City of Muskego.
Signed:
00&- Fo WL
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. 018-2023
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. 018-2023
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. 018-2023
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
t
petitioner acknowledged the I Z day of toylec U-, 2024.
- -- ------ ---- -----------------------------------
NeuN rVqK_
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION #P.C. 018-2023
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AND CONDITIONAL USE GRANT
FOR NATIONAL AUTO LOCATED IN THE NW % OF SECTION 10
(S73 W16730 JANESVILLE ROAD / TAX KEY NO. 2198.984.002)
WHEREAS, A submittal was received from Fouad Rabee of National Auto for a new auto sales
and service facility located at S73 W16730 Janesville Road (Tax Key No. 2198.984.002), and
WHEREAS, The property is currently zoned B-4 Highway Business District, which allows service
and sales establishments for automobiles, including body repair shops and used car lots, but not
including the storage of junked or wrecked automobiles and parts as a permitted use by
conditional use grant (CUG), and
WHEREAS, The 2020 Comprehensive Plan shows this property for commercial uses and the
proposal is consistent with the plan, and
WHEREAS, A Public Hearing for the CUG was heard before the Plan Commission meeting on
April 5, 2023, and
WHEREAS, The lot is served by municipal sewer and water, and
WHEREAS, This property is currently governed by the Downtown Design Guide and the General
Design Guide, and
WHEREAS, The existing building will be keeping a pitched roof, with some alterations, with a new
entryway consisting of a parapet wall feature at the entrance and the new addition on the
backside will have a flat roof, and
WHEREAS, The General Design Guide typically requires 50% masonry but the overall quality of
the design and material usage is just as important, and
WHEREAS, The proposed building is clad with a mixture of masonry and a synthetic material with
a wood appearance installed in a shiplap pattern, and
WHEREAS, The masonry brick and split -face block will be different grey tones providing
horizontal banding appearance, and
WHEREAS, Access to the site is proposed from Janesville Road with a shared access with Milk
Can, and
WHEREAS, Customers will enter the site and then park in front of the new storefront with
employee and service vehicle parking on the west side and the east side is the retail vehicle area,
as identified on the site plan, and
WHEREAS, Concrete curb and gutter are shown on two sides of the new parking area in front of
the store and should be extended to the third side, and
WHEREAS, Per the zoning code, one (1) space is needed for every 150 SF of customer floor
area and the sales area is approximately 891 square feet requiring 6 stalls, and
WHEREAS, There are 51 parking stalls illustrated on the plan with one additional stall identified
for a tow truck, and
WHEREAS, Each of the parking stalls will be 9' wide by 18' long consistent with the code, and
WHEREAS, With only a five-foot paved area behind the building there is no vehicular access
around the building and all other drive aisles are shown at least 24-foot wide, and
WHEREAS, Sales hours will be 10:00 am — 8:00 pm Monday through Saturday with the service
portion open from 9:00 am — 5:00 PM Monday through Saturday, and
WHEREAS, An existing dumpster enclosure is shown on the plans near the northwest corner of
the parking area that is in disrepair and must be reconstructed, and
WHEREAS, A landscape plan has been provided that shows minimal landscaping along the
entry, near the front entry door and on the landscaped island on the west side of the building, and
WHEREAS, The final landscape plan must include additional plantings around any transformers,
air conditioners/RTUs, and/or wall mounted mechanical equipment to screen these mechanical
units from view, and
WHEREAS, All landscaping must be located completely on private property and not on
neighboring properties or within the right-of-way, and
WHEREAS, A photometric plan is needed with a schedule of proposed lighting fixtures including
a combination of building and pole mounted lights with up lighting towards the northwest corner of
the building, and
WHEREAS, The development will be served by municipal sewer and water, and
WHEREAS, Stormwater management regulations will need to be reviewed and approved by City
engineering.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby approve of a Building,
Site and Operation Plan and Conditional Use Grant for National Auto located along Janesville
Road (S73 W16730 Janesville Road / Tax Key No. 2198.984.002).
BE IT FURTHER RESOLVED, A yearly annual review will be required to ensure all
conditions of Approval from this Resolution are being adhered to.
BE IT FURTHER RESOLVED, The dumpster enclosure will be required to be reconstructed to
screen the dumpster with solid walls and a solid swing gate, which must be approved by the City.
BE IT FURTHER RESOLVED, The color of the solid overhead doors and any solid pedestrian
doors needs to match the color of the building.
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 and the base of any freestanding signage needs to match the masonry on the
building.
BE IT FURTHER RESOLVED, Each parking stall must be a minimum of 9' x 18' in size as
required by the code.
BE IT FURTHER RESOLVED, That the tow truck parking stall must be shown on the site plan of
a realistic size that ensures that the 24-foot drive aisle is not impeded.
BE IT FURTHER RESOLVED, That curbing must be added to the third side of the new parking
area.
BE IT FURTHER RESOLVED, Any new and/or replaced areas of paving on site must be
bordered with concrete curb & gutter.
BE IT FURTHER RESOLVED, All vehicles parked outside must be in a retail ready or waiting
final inspection condition.
BE IT FURTHER RESOLVED, No junked, wrecked, damaged, unrepairable or inoperable
vehicles are allowed to be stored 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 eave height of the building.
BE IT FURTHER RESOLVED, That all of the drive aisles must be a minimum of 24 feet wide for
two-way traffic.
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, All landscaping must be located completed on private property
and not within the right-of-way or neighbor's property.
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, vents/louvers, 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, That proof must be provided that the 12' underground electric and
telephone easement has been formally vacated prior to any site or 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: April 5, 2023
Denied:
Deferred:
Introduced: April 5, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager