CUG210 Tess Corners Auto210 Conditional Use Grant
4268744
REGISTER OF DEEDS
Document Number Document Title WAUKESHA COUNTY, WI
RECORDED ON
March 23 2017 03:52 PM
James R gehrend
Register of Deeds
GS
Please see attached s TOTAL
FEE:$30.00
TRANS FEE: 0.00
A parcel of land located in the SE'/4 of Section 3, Town 5 North, Book Page -
Range 20 East, City of Muskego, Waukesha County, Wisconsin, 11�1Tax Key No. 2165.989.001 IIIIIIIIIIIIIII IIIIIIIIIIIIIIII III
I
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2165.989.001
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. 210
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this � day of V 2017
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
By Jim Minelli, 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.
4 X KEY NO.
165.989.001
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 NW t/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2165.989.001.
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
210 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 auto repair facility.
In Witness Whereof, Grantors have hereunto set their hands and seals this a day of��'�, _2017.
SIGNED AND SEALED IN PRESENCE OF
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 j�RAFTED BY
(SEAL)
mltvcalt t
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this _f�_ day ofM2017, the above named foregoing
to me known to be the persons who executed
the f re oing instrument and acknowledged the same.
-----�-----____--
Notary Public, State of Wisconsin
My Commission expires I " I I - Z (31
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personallyc!jW
this day of 2016, the above
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 CUG 1 (1967) CONDITIONAL USE GRANT
Grant Number 210
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 W145 S6645 Tess Corners Drive in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in the NE 1/4 of Section 2, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2165.989.001.
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
auto repair facility.
GRANTED by action of the Plan Commission of the City of Muskego`4e 6th day of September 2016.
Attest: u--------1-e--
------------------------- deal
Kathy er
otti
------- Title Ma f q�s:aitTrt
---------- � --- ---------------- or
Sharon Mueller (Mayor, President, Chairman)
!� ...
rk�h�f.
Title Clerk - Treasurer ,�� ��'
(City, Village, Town County) Clerk
L
Original filed in the office of the Plan Commission of the City of Muskego.
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. 001-2016
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:
117. Conditions on the Buildings See attached Resolution #P.C. 001-2016
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. 001-2016
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:
Receipt of a True Copy of this instrument on behalf'' of the
petitioner acknowledged the O� day of ��02017.
-------- -- -- -- - U1- U ----------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION #P.C. 001-2016
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE GRANT
FOR TESS CORNERS AUTOMOTIVE LOCATED IN THE NE % OF SECTION 2 (TAX KEY
2165.989.001 / W145 S6645 TESS CORNERS DRIVE)
WHEREAS, A submittal was received from Keller, Inc. (Nathan Laurent) for Tess Corners
Automotive (Jim Minelli) located at W145 S6645 Tess Corners Drive (Tax Key No.
2165.989.001), and
WHEREAS, The property is zoned HC-1 Historic Crossroads District and allows an auto sales
and service facility by conditional use grant (CUG), and
WHEREAS, The 2020 Comprehensive Plan shows this property as commercial uses and the
proposal is consistent with the plan, and
WHEREAS, The site currently contains a home with a few outbuildings and used to contain an
old restaurant that was removed as part of the widening of Janesville Road, and
WHEREAS, The proposal is to build a new auto service facility/building totaling about 7,583
square feet, including a 71 square foot mezzanine, and
WHEREAS, The building will contain a waiting room, an office, a parts room, a break/locker room,
a tire room, and a large repair bay containing eight (8) lifts and an alignment rack, and
WHEREAS, Hours of the business are going to be 8:OOAM to 6:OOPM Monday through Friday,
with possible future weekend hours, and
WHEREAS, The business will require a minimum of five (5) employees to start and long range
plans indicate a maximum of seven (7) employees and the shop estimates that the maximum
number of customers at the site at one time would be ten (10) people, and
WHEREAS, This property is governed by the General Design Guide and the Historic Crossroad
Design Guide, and
WHEREAS, The proposed eastern and southern elevations are similar to each other in material
usage and the northern and western elevations are similar to each other in material usage, and
WHEREAS, The eastern and southern elevations contain lap siding, shake siding, thin stone
veneer, precast sills, and split face CMU and these two elevations provide a nice mix of materials
and design features, and
WHEREAS, The majority of the north and west elevations contain split face CMU and vertical
metal siding and on these two elevations you also see a little bit of the lap siding, shake siding,
and thin stone veneer, and
WHEREAS, No specific colors have been noted at this time, but the submitted rendering does
show some general earth tone colors (tans, browns, greens, etc.) which is what the Historic
Crossroads design guide calls for, and
WHEREAS, The overhead doors will contain two rows of full -light window panels, and
WHEREAS, The site plan currently shows 30 parking stalls and based on the actual use, the
customer count, number of car racks, and the employee count, the parking provided should cover
the actual site needs, and
BE IT FURTHER RESOLVED, Engineering/site items need to be investigated including, but not
limited to, site topography, creek/stream location and ordinary high water mark (OHWM),
floodplain location, and wetland location.
BE IT FURTHER RESOLVED, Final color selections must be provided before Building Permits
can be issued.
BE IT FURTHER RESOLVED, All parking stalls must be 10' x 20' in size.
BE IT FURTHER RESOLVED, Any driveways that can have the potential of two-way traffic must
have a width of at least 24 feet and this dimension may need to be increased in areas that are
deemed a fire lane or fire street per the Fire Department.
BE IT FURTHER RESOLVED, The access off of Janesville Road will need to be approved by the
County as Janesville Road is a County highway.
BE IT FURTHER RESOLVED, All overhead doors and non -glass pedestrian doors must match
building colors.
BE IT FURTHER RESOLVED, The color of any CMU, stone, brick, etc. must be produced in its
intended color and not painted.
BE IT FURTHER RESOLVED, That details of the dumpster enclosure will need to be provided
before building permits can be issued.
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 or
freestanding.
BE IT FURTHER RESOLVED, The design guide for this area notes that the lighting fixtures must
be of a decorative/historic design and examples of such fixtures are shown within the Historic
Crossroads Design Guide.
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 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 include foundation plantings along
the south and east sides of the building as well as any required street trees.
BE IT FURTHER RESOLVED, Ample landscaping/screening must be provided along the north lot
line, which is adjacent to a residential lot and the developer/owner must work with the adjacent
owner to come to an agreement on what this buffer/screening will look like.
BE IT FURTHER RESOLVED, A final landscape plan will need to be submitted and approved by
the City prior to the issuance of building permits.
BE IT FURTHER RESOLVED, To keep the entire site consistent throughout and consistent with
other newer urban developments in Muskego, the entire site should have curb and gutter.
BE IT FURTHER RESOLVED, Any structures or hard surfaces (driveways, etc.) must be located
at least 15 feet from any delineated wetlands.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required
before the issuance of any permits.
BE IT FURTHER RESOLVED, Since there is sidewalk/trail along Janesville Road, a connection
should be made to that from this site.
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, No junked/wrecked vehicles can be stored outdoors on site and
no outdoor storage of products, materials, parts, etc. is allowed on site.
BE IT FURTHER RESOLVED, The only items allowed outdoor overnight are non -wrecked
vehicles that are awaiting repair or pickup and these vehicles must all be in marked stalls.
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 Planning Division
before the issuance of building permits.
BE IT FURTHER RESOLVED, An annual review will occur on this property for two years after the
building has been in operation and if no problems are found, the annual review will be eliminated.
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
Denied:
Deferred: January 5, 2016, February 2, 2016, March 1, 2016
Introduced: January 5, 2016
ATTEST: Kellie McMullen, Recording Secretary