CUG204-Rainbow204 Conditional Use Grant
4216907
REGISTER OF DEEDS
Document Number Document Title WAUKRECO COUNTY, WI
RECORDED ON
July 07, 2016 01:54 PM
James R Behrend
Register of Deeds
7 PGS
Please see attached TOTAL FEE:$30.00
TRANS FEE: 0.00
A parcel of land located in the SE'/4 of Section 3, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2172.030.006
Book Page —
I11IVII'M111V1YIWIMIIV
Recording Area
'Jame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2172.030.006
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. 204 DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
_4 4
THIS COVENANT, Made this day of 2016
By , for Rainbow Gh44�.
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.
SPACE RESERVED FOR RECORDING DATA
AX KEY NO.
472.030.006
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
W 182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SE t/4 of Section 3, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2172.030.006.
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 or 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
204 was issued under date of March 1, 2016 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 a daycare facility.
In Witness Whereof, Grantors have hereunto set their hands and seals this _2A + day of 2016.
SIGNED AND SEALED IN PRESENCE OF
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ii+rict< G G +on
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 TRUMENT�W�AS RyA�FTED BY
ylu (c a1 c VY u �� f ! (SEAL)
-----------------------------------------------------(SEAL)
STATE OF WfSC-8 )
M I CH16A)SS
A KL Aib
A " .fir' SHA COUNTY) Personally came before me
this 2-q' A day of��.*. 2016, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
o Public, State of �I"'1 r c� `:ram • -;
My Commission expires
LEANNE SCOPE d
Notary Public, State of Michigan ry f t
County of Macomb
My Commission Expires Dec. 3 , 2017
Acfing in the County of
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-------------------------------------------------(SEAL)
STATE OF WISCONSIN)
)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 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 204
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 S69 W 15651 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 SE t/4 of Section 3, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2172.030.006.
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 operating a
daycare facility.
GRANTED by action of the Plan Commission of the City of Muskego the 1st day of March 2016.
Attest:
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Sharon Mueller
Title Clerk - Treasurer
City, Village, Town County) Clerk
MU
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ins, ~p•• //��
Original filed in the office of the Plan Co mission of the City of Muskego.
Signed: Wkt.um()
The CONDITIONS of this Grant are:
I itre Mayor
(Mayor, President, Chairman)
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. 015-2016
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. 015-2016
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:
118. Conditions on the Site See attached Resolution #P.C. 015-2016
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'A day of lAf. , 2016.
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Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 015-2016
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE GRANT
FOR RAINBOW CHILD CARE CENTER LOCATED IN THE SE % OF SECTION 3
(TAX KEY 2172.030.006 / JANESVILLE ROAD AND PRINCETON DRIVE)
WHEREAS, A submittal was received from Rainbow Child Care Center for the property located at
Janesville Road and Princeton Drive (Tax Key No. 2172.030.007), and
WHEREAS, The property is zoned B-2 Local Service Center District and allows a daycare 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 is currently vacant and is located between Thompson Dental and Taco Bell,
and
WHEREAS, The proposal is to build a new day care facility with the structure totaling about
11,995 square feet, and
WHEREAS, The hours of the business are going to be 6:OOAM to 6:30PM Monday through
Friday, and
WHEREAS, The business intends to operate with a maximum staff of 13-15 full time employees
once the day care is at its capacity of 115-135 children/students, and
WHEREAS, This property is governed by the General Design Guide and the Moorland Corridor
South Design Guide, and
WHEREAS, The building contains four-sided architecture and the elevations contain a band of
cultured stone, red brick walls, a brick soldier course on the upper portion of the walls, limestone
window sills, and asphalt shingles, and
WHEREAS, Other prairie architecture design features include a "lower" pitched hip roof,
horizontal banding of wall materials, use of natural features, "bulky"/solid stone clad entry
columns, and an area of clerestory windows, and
WHEREAS, The front roof eves are noted as three (3) feet in depth and all other eves are shown
at one and a half (1 '/2) feet in depth, and
WHEREAS, The site plan currently shows forty-three (43) parking stalls and the code requires 20
stalls based on the number of class rooms, staff counts, and the usage type, and
WHEREAS, All parking stalls are shown at 10' x 20' in size and all drive aisles are 25 feet in
width, and
WHEREAS, Access to the site is shown with a single access point off of Princeton Drive and also
a cross -access connection to the east with the Taco Bell site, and
WHEREAS, A 10' x 10' brick dumpster enclosure (6 feet tall) is proposed off the southwest corner
of the building, and
WHEREAS, A landscape plan has been submitted and is pending formal review, and
WHEREAS, Some signage designs have been shown at this time, and
WHEREAS, A photometric plan and lighting details have been provided, and
WHEREAS, The light poles are proposed at a height of 15 feet with LED fixtures that are full cut-
off with zero degree tilt, and
WHEREAS, The photometric plan shows that the lighting will all be pole mounted on site, and
WHEREAS, The photometric plan shows that in most areas the lighting levels are compliant with
the code but there are a few areas where the lighting levels exceed the 0.5 foot-candle limit at the
lot lines, and
WHEREAS, The development will be served by municipal water and municipal sewer, and
WHEREAS, Stormwater is not needed on site as it is already accounted for within other off -site
ponds in the area, and
WHEREAS, The site plans currently show curb and gutter throughout the site, and
WHEREAS, The design guide for this area promotes pedestrian access/connections and
pedestrian access is currently proposed leading to the path/sidewalk along Janesville Road, and
WHEREAS, The site contains outdoor play areas enclosed with a four (4) foot to six (6) foot tall
black vinyl chain link fences, and
WHEREAS, The play areas will contain playground features and the site also includes a splash
pad feature for the children/students.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan and Conditional Use Grant for Rainbow Child Care Center located at Janesville
Road and Princeton Drive (Tax Key No. 2172.030.007).
BE IT FURTHER RESOLVED, To further the prairie architecture design of this building, all roof
eves/overhangs must be at least three (3) feet in depth as exists on other similar roof type
buildings in this area.
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, 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, A revised photometric plans must be re -submitted before permits
can be issued showing that the lighting levels do not exceed 0.5 foot-candles at the lot lines.
BE IT FURTHER RESOLVED, Any other lighting (i.e. building/wall lighting) must be shown on the
permit plans, photometric plans, and details of fixtures submitted for City review, if applicable.
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, That all areas to be grass on site must be sodded, not seeded.
BE IT FURTHER RESOLVED, That the all of the landscaping around the transformer must be of
a species that will be least six (6) feet in height at the time of planting to help ensure the
screening of the transformer
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, Formal approvals from the Engineering Division will be required
before the issuance of any 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 Planning Division
before the issuance of building permits.
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: March 1, 2016
Denied:
Deferred:
Introduced: March 1, 2016
ATTEST: Kellie McMullen, Recording Secretary