PCR2016057RESOLUTION #P.C. 057-2016
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM I-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 ¼ OF SECTION 1
(TAX KEY NO. 2162.996 / JANESVILLE ROAD)
WHEREAS, A petition to rezone a property from I-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 ¼ 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 I-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’,15’), 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 I-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 ot 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 I-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 ¼ 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 landsc ape
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