CUG199199
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in the NE % of Section 2, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2165.998.012
4148679
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
June 18, 2015 11:22 AM
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE 10.00
:cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2165.998.012
Parcel Identification Number (PIN)
This information must be completed by submitter: document title, name & return address, and PIN (ifrequired). Other information such
as the granting clauses, legal description, etc. maybe placed on this first page of the document or maybe 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. LLG 2 (1967) Conditional Use Grant Grant No. 199
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this Ot day of3 0VI e—2015
By Steven Meyer for Leap Childcare Center.
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.
THIS SPACE RESERVED FOR RECORll1NU DATA
K KEY NO.
65.998.012
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 NE 1/4 of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2165.998.012.
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
199 was issued under date of June 2, 2015 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 eals this l day of ~��� 2015.
SIGNED AND SEALED IN PRESENCE OF
----------------------- - ----- ----- --------(SEAL)
Steven Meyer
-------------------------------------------------------------) STATE OF WISCONSIN)
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 22012. 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.
I `QINN iSiTRU EN,.��Ti WAS DRAFTED BY
l�� U g (SEAL)
)SS
WAUKESHA COUNTY) Personally came before me
this 01 day of,)UV) 2015, the above named foregoing
Siege V1 n1�[y dto me known to be the persons who executed
the fore oing instrument and acknowledged the same.
Notary Public, State of Wisconsin �y
My Commission expires t — � - 2-0 6
STATE OF WISCONSIN)
o,n �� .
)SS
WAUKESHA COUNTY) Personally calif,
this day of , 2014, the above ri
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
II No. Z CUG 1(1967) CONDITIONAL USE GRANT
Grant Number 199
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 S6550 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, Waulesha County, Wisconsin, Tax Key No 2165.998.012.
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 2nd day of June 2015.
= �- -� `� .._... -(Seal)
Attest: ---- --- -, ----- -------------------------------
Kathy Ch averotti
-�- - 1�--
--�---------------------- - -------------------- Title Mayor
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Original filed in the office of the Plan C m ission of the City of skego.
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)
I
6. Conditions on the Operations See attached Resolution #P.C. 029-2015
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. 029-2015
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:
I S. Conditions on the Site See attached Resolution #P.C. 029-2015
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 bbehalf of the
petitioner aclaiowled ed the day of U Vlf, 2015.
----------- , --- --? --------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 029-2015
APPROVAL OF A CONDITIONAL USE GRANT AND A BUILDING SITE AND
OPERATION PLAN AMENDEMENT FOR LEAP CHILDCARE CENTER INC.
LOCATED IN THE NE % OF SECTION 2
(W145 S6550 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.012)
WHEREAS, On April 23, 2015 plans were submitted by LEAP Childcare Center for a Conditional Use
Grant (CUG) and a Building, Site and Operation Plan Amendment for the operations of a daycare facility
inside the existing building located in the NE % of Section 2 (W145 S6550 Tess Corners Drive / Tax Key
No. 2165.998.012), and
WHEREAS, The property is zoned M-2, General Industrial District, and the daycare facility use requires a
Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and
WHEREAS, A Public Hearing was held on June 2, 2015 in front of the Plan Commission for the proposed
use, and
WHEREAS, The proposal is to use the front (western) office.portion of the existing main building on site
for a daycare center and the remainder of the building would continue to be used for mini -storage use, and
WHEREAS, There will be five (5) age groups/classes in the center with no more than six (6) students in
each group/class, and
WHEREAS, The daycare center will have a maximum of thirty (30) students/children between the ages of
six (6) weeks and five (5) years, and
WHEREAS, There will typically be seven (7) employees at the facility at one time, but there is the
possibility for a max of eleven (11) employees at transition times, and
WHEREAS, The proposal includes the addition of a fenced area in the front grass area on the property
and this area will enclose an outdoor play space for the children that will contain play equipment, toys, and
other outdoor features for the children, and
WHEREAS, The fencing for the outdoor space is proposed as a four (4) foot tall dark -green coated chain
link fence, with the possibility of this changing to a picket style fence, if it allowable per the state's
regulation, and
WHEREAS, Parking for employees is currently identified as four (4) existing stalls south of the office area
with the addition of six (6) new parking stalls to the south of the northern existing driveway and the
marking of two (2) parallel stalls on the north side of the northern existing driveway, and
WHEREAS, The proposed number of stalls meets the code requirement of two (2) stalls per classroom,
but there may be a need for some additional parking due to the number of employees and parents
dropping off their children, and
WHEREAS, The plans do not include any alterations to the exterior of the building, and
WHEREAS, There is an existing unscreened dumpster located in the drive aisle on the north side of the
site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and
Building, Site, and Operation Plan for the operation of a daycare facility for LEAP Childcare Center Inc.
located within the existing building at W145 S6550 Tess Corners Drive (Tax Key No. 2165.998.012).
BE IT FURTHER RESOLVED, That at the end of each day the outdoor area should be straightened up so
that toys and other items are not scattered all over the outdoor area.
BE IT FURTHER RESOLVED, That additional parking needs to be provided/dedicated for the daycare use
and detailed locations for the parking must be provided to staff.
BE IT FURTHER RESOLVED, The new parking on the north side of the site must meet the minimum
requirement of 10' x 20' in size, a driveway width of at least 24 feet is maintained, and the parking needs
to be setback at least 10' from the front lot line.
BE IT FURTHER RESOLVED, That any signage (permanent or temporary) will require separate permits
from the Community Development Department.
BE IT FURTHER RESOLVED, That the unscreened dumpster must be located behind the existing fence
on the property and screened from view.
BE IT FURTHER RESOLVED, That if this use ever ceases or if the daycare business moves out of this
location, the site fencing and playground area will be required to be removed and all ground surfaces
restored to grass as they existed before said use occurred on site and their restorations will be the
property owner's responsibility.
BE IT FURTHER RESOLVED, That the Fire. Department must review said proposal before occupancy can
be allowed for the new space/use.
BE IT FURTHER RESOLVED, That a Business Registration must submitted to and approved by the City
before occupancy can be allowed for the new space/use.
BE IT FURTHER RESOLVED, That any changes to the exterior of the building and/or any other changes
to the site will require additional Planning Division and/or Plan Commission approvals, as no exterior
changes are approved as part of this approval.
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: June 2, 2015
Defeated:
Deferred:
Introduced: June 2, 2015
ATTEST: Kellie McMullen, Recording Secretary