CUG209 Muskego Heritage209
Conditional Use Grant
Document Number
Please see attached
Document Title
A parcel of land located in the NW % of Section 1, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2162.996.003
4281124
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
June 06, 2017 01:55 PM
James R Behrend
Register of Deeds
9 PGS
TOTAL FEE:$30.00
TRANS FEE:$0.00
Book Page
111111111111111111
.cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2162.996.003
Parcel Identification Number (PIN)
,30
MsKc,
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
I ` Relates to I
CUG 2
Use Grant
Acceptance of Conditions of Conditional Use Grant.
NO.
SPACE RESERVED FOR RECORDING DATA
THIS COVENANT Made this 15-- day of 2017
By��/��/�b @ ,qroruskego AI F, LLC,
Grantors, 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.
4X KEY NO.
162.996.1
The premises affected by these presents (hereinafter called the Premises) are RETURN •r0:
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
W 182 S8200 Racine Ave
Muskego, WI 531.50
A parcel of land located in the NW t/< of Section. 1, Town. 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2162.996.003.
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 banks, 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
209 was issued under date of September 6, 2016 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 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 assisted living facility (under the use of "Nursing homes, rest homes,
and homes .for all aged, including day cares").
In Witness Whereof, Grantors have hereunto set their hands and seals this �j day of V Vl 2017.
SIGNED AND SEALED IN PRESENCE OF q T�
--------- -� - ------------- ------------------(SEAL )
CO.RPORAT.ION
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;N$-RUME�N6 ,TnWAS DRAFTED BY
��-��' (SEAL)
STATE OF WISCONS.IN)
)SS
WAUKESHA COUNTY) Personally came before me
this,, day of MAY , 2017, the above named foregoing
K. li 4?I�id w. to me known to be the persons who executed
the foregoi�innentand. acknowledged thes\H_ �� ....----------------- 1
Notary Public, State of Wisconsin tJOTARy
My Commission dos %-t
=—UBLIG
OF1 Wks',
------------------------------------------------- (S.F_ (SEAL)
STATE OF WISC:ONS.IN)
)SS
WAUKESHA COUNTY) .Personally came before me
this day of 2016, 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 allinstruments 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 CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 209
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 S64 W13780 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in the NW 1/4 of Section 1, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2162.996.003.
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
assisted living facility (under the use of "Nursing homes, rest homes, and homes for all the aged,
including day cares").
GRANTED by action of the Plan Commission of the City of Muskego the 6th day of September 2016.
Attest: 4Kathviaverotti
-- -- ----------------------------------(Seal)
--
---------------- ---� - ----- -- ------------- Title Mayor `w,`\ EYC1�'r E✓✓r.
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer
(City, Village, Town County) Clerk —
-,..---
Original filed in the office of the Plan Co mission of the City of Muskego.`, ; ;° .....,....����,�'
Signed: WVl tJn 10'
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)
1 6. Conditions on the Operations See attached Resolution #P.C. 057-2016
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. 057-2016
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. 057-2016
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:
of -a - True- Copy ofthis instrument on behalf of the
petitioner acknowledged the lGJ day of 2017.
Vf 't'c RT'Uffn
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 057-2016
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM 1-1 GOVERNMENT,
INSTITUTIONAL, AND PUBLIC SERVICE DISTRICT TO B-3 GENERAL BUSINES DISTRICT,
APPROVAL OF A CONDITIONAL USE GRANT, APPROVAL OF A BUILDING SITE AND
OPERATION PLAN, AND APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE
PROPERTY LOCATED IN THE NW % SECTION 1
(TAX KEY NO. 2162.996 / JANESVILLE ROAD)
WHEREAS, A petition to rezone a property from 1-1 — Government, Institutional, and Public
Services District to B-3 General Business District, a Conditional Use Grant request, Building, Site
and Operation Plans, and'a Certified Survey Map were submitted for the property- located in the
NW % of Section 1 (Tax Key No. 2162.996 /Janesville Road), and
WHEREAS, The overall request is from MSP Real Estate to construct a 108,874 SF (55,690 SF
footprint area) senior housing facility on the proposed 4.18 acre lot, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August
23, 2016, and
WHEREAS, A Public Hearing for the conditional use grant was heard before the Plan
Commission on September 6, 2016, and
WHEREAS, A conditional use grant is required for any proposed nursing home as per the
requirements of the RCE zoning district, and
WHEREAS, The requested B-3 district allows commercial operations and is consistent with the
commercial zoning surrounding this parcel along Janesville Road, and
WHEREAS, The rezoning to B-3 only includes the southern 4.18 acres for the senior living facility
and allows the 1-1 Institutional zoning district to remain for the church area, and
WHEREAS, The proposed structure meets the various zoning requirements for the B-3 district
including setbacks (40'), offsets (10',16), height (30'), and building floor area ratio (60%), and
WHEREAS, The proposed structure has a 54' front setback, offsets of 15'+, a height of 26' as
measured by code, and a building floor area ratio of 60%, and
WHEREAS, There is no open space requirement for the building instead the open space is
approved based on how the proposed structure meets the various design items before the Plan
Commission in relation to parking, landscaping, stormwater, and how the proposed use fits with
the surrounding neighborhood, and
WHEREAS, The proposed use is for a senior living facility consisting of approximately forty-two
(42) memory care units, thirty-seven (37) assisted living units, and thirty-two (32) independent
living units, and
WHEREAS, There are no "dwelling units" per Muskego code as the proposed is a senior housing
facility where meals, housekeeping, activities, and varying levels of supportive nursing care are
provided all subject to a conditional use grant before the city, and
WHEREAS, The proposed facility will be part of a 4.18 acre parcel that is to be split from the main
parcel as part of the proposed Certified Survey map herein, and
WHEREAS, The proposed CSM will parcel off the former Heritage Church structures to the north
along College Avenue and allow the new 4.18 acre vacant parcel to the south along Janesville
Road for the proposed senior facility, and
WHERAS, The proposed CSM meets the requirements of the B-3 district to the south and the 1-1
District to the north, and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for Government,
Institutional, Public Services uses which is consistent with the church area to remain to the north
and is consistent with the newly proposed senior living facility, and
WHEREAS, The materials proposed mainly comprise of the following:
• Modular Brick
• Natural Stone
• Pre -colored split face concrete masonry units
• Stone trim
• Cast stone trim
• Fiber cement lap siding
• Fiber cement panels
• Fiber cement trim
• Asphalt Shingles, and
WHEREAS, The structure is proposed to be earth tone colors as shown on the colored renderings
in the submittal, and
WHEREAS, This site is governed by the General Design Guide which calls for 50% masonry
product and the proposed structure is comprised of more than 50% masonry, consisting of natural
stone and modular brick, on all facades presented, and
WHEREAS, The proposed building architecture contains many facades with a varying degree of
depths along with mixes of materials, altering rooflines, patios, decks, chimneys, tapered
columns, accented entryways, and accented soffits, and
WHEREAS, The proposed building is to be accessed by two (2) access points off of Janesville
Road and said access is subject to Waukesha County on any Janesville Road construction needs
as part of the proposed use, and
WHEREAS, The overall site has many amenities in and around the proposed structure including
landscaped pathways, outdoor decks/patios, a pool area, and a courtyard, and
WHEREAS, The use will be operating on all three employee shifts with upwards of 16 employees
on any one shift and intend on creating 65-75 new jobs, and
WHEREAS, 100-120 residents will be in the senior living center at any one time, and
WHEREAS, Deliveries are to take place on the western portion of the structure where a utility
entrance exists, and
WHEREAS, A total of fifty-two (52) exterior parking stalls are shown on the site plan situated for
the daily required uses of the locations they lie, and
WHEREAS, A total of thirty-seven (37) parking stalls are found as underground parking that are
accessed on the northwest portion of the new structure, and
WHEREAS, For a nursing home site within Muskego parking codes mandate that there should
be approximately 1 parking space for every three rooms plus space for each medical staff plus
space for every three employees subject to Plan Commission, and
WHEREAS, The developers have indicated that they have similar built environments in
surrounding communities and that the parking indicated meets the demand for their various shifts
of medical staff and beds, and
WHEREAS, All parking stalls all are shown as 9 feet by 18 feet, and
WHEREAS, The parking lot will be curbed throughout and ample pedestrian access from the lot
to the entrances to the building can be found throughout, and
WHEREAS, All driving lanes are illustrated at 24-25 feet in width where two-way traffic will exist
and the proper markings are shown throughout the site, and
WHEREAS, Fire Department review has taken place at a preliminary level and the development is
subject to department review and changes for fire lanes and access before building permit
approval, and
WHEREAS, A dumpster enclosure is proposed along the western portion of the site, and
WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending
approval from the City Forester, and
WHEREAS, A wealth of landscaping is proposed around the site and around the foundations of
the structure along with many accented landscape features around a pool, patio, entry areas,
pathways, and an interior outdoor courtyard, and
WHEREAS, A couple areas of parking show more than ten stalls without a landscape island, and
WHEREAS, Wetlands are found on site and the wetlands have been delineated by an assured
WDNR wetland specialist, and
WHEREAS, Wetland fill permits will be required before building permits can be issued for some
minor wetland areas in the central portion of the development, and
WHEREAS, Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and
structures and a few areas may need to be changed before building permit approvals, and
WHEREAS, Signage isn't part of the submittal at this time but is indicated that monument signs
will exist, and
WHEREAS, Specific light fixture details and a photometric plan are found in the submittal, and
WHEREAS, Exterior lighting is to occur throughout the site with fixtures mounted to poles as well
as some architectural bollard lighting, and
WHEREAS, Pole lights are shown as a 25-foot height, are zero degree cut-off and are to be LED,
and
WHEREAS, The pole light bases are shown to be 2 feet in height and will require reduction of 6"
per Muskego code, and
WHEREAS, The photometric plan appears to meet Muskego code of 0.5 foot-candles at the
property lines, and
WHEREAS, The development will be served by existing public sanitary sewer, and
WHEREAS, The development will be served by existing public water and the water needs to be
extended to the development from the west along Janesville Road, and
WHEREAS, Stormwater management is shown to occur on the southern frontage of the property
and is being implemented as a landscape amenity as well.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council to rezone a property from 1-1 — Government, Institutional, and Public
Services District to B-3 General Business District, approval of a Conditional Use Grant, Approval
of Building, Site and Operation Plans, and Approval of a Certified Survey map for the property
located in the NW % of Section 1 (Tax Key No. 2162.996 /Janesville Road).
BE IT FURTHER RESOLVED, The proposed access points off of Janesville Road, and any
required construction standards, are subject to Waukesha County approval before building
permits can be issued.
BE IT FURTHER RESOLVED, That public water will need to be extended to the development
from the west along Janesville Road and that approval of plans and a developers agreement will
be required via the city Public Works Department, and
BE IT FURTHER RESOLVED, Planning Commission approves of waiving the one landscape
island for every 10 parking stalls given the high degree of landscaping on site and the small areas
required for parking outdoor.
BE IT FURTHER RESOLVED, The pole lights must show no more than a 6" concrete base on the
approved building permit plans per Muskego code.
BE IT FURTHER RESOLVED, A dumpster enclosure is proposed along the western portion of the
site and said enclosure will have to meet the same architectural materials as the main structure
upon building permit time.
BE IT FURTHER RESOLVED, Wetland fill permits approved by the WDNR will be required before
building permits can be issued.
BE IT FURTHER RESOLVED, Wetlands in the City of Muskego have a 15-foot setback for hard
surfaces and structures and a pathway found on the submittal in the northwest portion of the
development will have to be moved if within the 15-foot setback area.
BE IT FURTHER RESOLVED, Any navigable watercourse found on the development must
include the ordinary high water mark (OHWM) at building permit approvals and a 20-foot setback
for structures and hard surfaces will be required if found from the OHWM.
BE IT FURTHER RESOLVED, All exterior parking stalls all are shown as 9 feet by 18 feet and
this is approved by the Plan Commission as Muskego codes are changing to this requirement
pending the Muskego recodification later this year, and
BE IT FURTHER RESOLVED, That the amount of parking is approved by the Planning
Commission finding that the developer has accurately assessed their needed parking needs due
to numerous similar projects in other surrounding communities.
BE IT FURTHER RESOLVED, Fire Department review is still required and changes to access
lanes for width may occur for approved fire lanes prior to building permit issuance.
BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed
on the site.
BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage
(temporary or permanent) can be installed and this includes any signage on the building.
BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City
Forester prior to the issuance of building permits.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards
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 Community
Development Department.
BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be
addressed before the Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
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: September 6, 2016
Defeated:
Deferred:
Introduced: September 6, 2016
ATTEST: Kellie McMullen, Recording Secretary