PCR2016072AMENDED
RESOLUTION #P.C. 072-2016
APPROVAL OF A CONDITIONAL USE GRANT AND APPROVAL OF A BUILDING SITE AND
OPERATION PLAN FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 16
(TAX KEY NO. 2223.999 / W182 S8320 PIONEER DRIVE)
WHEREAS, Building, Site and Operation Plans and a Conditional Use Grant were submitted for
the property located in the SW ¼ of Section 16 (Tax Key No. 2223.999 /W182 S8320 Pioneer
Drive), and
WHEREAS, The overall request is from Caring Alternatives (Pinnacle Peak Properties LLC) to
construct a 19,615 SF assisted living facility (community residential based facility (CBRF) use) on
the proposed 10.44 acre lot, and
WHEREAS, The existing zoning district is RS-2 Suburban Residence District and a conditional
use grant is required for any proposed hom e for the aged as per the requirements of the RCE
zoning district, and
WHEREAS, A Public Hearing for the conditional use grant was heard before the Plan
Commission on December 6, 2016, and
WHEREAS, The Comprehensive Plan has this parcel with split uses consisting of High Density
Residential (> 3 units/acre) to the west along Pioneer Drive and Medium Density Residential (1 -
2.99 units/acre) to the east in the non-developable wetland areas, and
WHEREAS, The 2020 Comprehensive Plan requires no amendments subject to allowing such a
use via a conditional use grant from the city, and
WHEREAS, The proposed structure meets the various zoning requirements for the RS-2 district
including setbacks (40’), offsets (15’,20’), height (30’), and building floor area ratio (25%), and
WHEREAS, The proposed structure has a 40’ front setback from the Pioneer Drive right-of-way, a
58.8’ offset from the north property line, and very large offsets from the east and south property
lines where the overall land is encumbered by wetlands, and
WHEREAS, The development proposed cannot be expanded on the 10 acre parcel due to the
environmental lands to the east and south, 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 community based residential facility consisting of
approximately thirty (30) assisted living units, and
WHEREAS, The facility would be licensed for up to 34 residents, and
WHEREAS, The facility will employ about eight (8) employees during the day shifts and around
four (4) to six (6) employees during the night shifts, and
WHEREAS, There are no “dwelling units” per Muskego code as the proposed is assisted living
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 structure is situated from west to east along the northwest corner of the parcel
with one access from Pioneer Drive, and
WHEREAS, The structure is proposed to be built back into the parcel so as not to have much
presence along Pioneer Drive, and
WHEREAS, The materials of the structure include brick veneer, hardi-plank siding, and
dimensional asphalt shingles, and
WHEREAS, The structure is proposed to be earth tone colors, and
WHEREAS, This site is governed by the General Design Guide which calls for 50% masonry
product and the proposed structure facades measure out per the following: north façade - 51%,
south façade - 49%, east façade - 48%, & west façade - 49%, and
WHEREAS, The overall site has many amenities in and around the proposed structure including
landscaped pathways and an outdoor patio area, and
WHEREAS, A total of twenty-one (21) exterior parking stalls are shown on the site plan, 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 state that at any one time there will be zero (0) to one (1) car for all
thirty-four (34) residents along with no more than eight (8) employees at any one shift, 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 10 feet by 20 feet, and
WHEREAS, The parking lot is not shown to include curbing, and
WHEREAS, All driving lanes are illustrated at twenty-five (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, The primary access off of Pioneer Drive is also a shared access with a residential
parcel to the northeast, and
WHEREAS, A dumpster enclosure is proposed along the eastern portion of the site to be clad
with cedar fencing, and
WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending
approval from the City Forester, and
WHEREAS, The site is a vacant lot that has miscellaneous trees and shrub growth throughout,
and
WHEREAS, A wealth of landscaping is proposed around the foundations of the new structure and
some trees are proposed along the north property line abutting the multi-family condo uses to the
north, and
WHEREAS, City codes require screening of at least four (4) feet in height when an off -street
parking lot abuts a residential area subject to Plan Commission review, and
WHEREAS, The parking lot shows 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 these setbacks appear to have been met, and
WHEREAS, Signage is not part of the submittal at this time, and
WHEREAS, Specific light fixture details and a photometric plan are not found in the submittal, and
WHEREAS, Any Exterior lighting is subject to be zero degree cutoff fixtures, pole lights of no
more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than
0.5 foot-candles at a property line, and
WHEREAS, The development will be served by existing public sanitary sewer and water, and
WHEREAS, Stormwater management is shown to occur on the eastern and southwestern
portions of the site and is subject to engineering approval at the time of building permits.
THEREFORE BE IT RESOLVED, That the Plan Commission does approve of a Conditional Use
Grant and Building, Site and Operation Plans for the property located in the SW ¼ of Section 16
(Tax Key No. 2223.999 /W182 S8320 Pioneer Drive).
BE IT FURTHER RESOLVED, That public water will need to be extended to the development
from the west along Pioneer Drive and that approval of plans and a possible developers
agreement will be required via the city Public Works Department, and
BE IT FURTHER RESOLVED, That no pole lighting shall occur for the site and all exterior
lighting will consist of building façade fixtures meeting Muskego codes of zero degree
cutoff fixtures and proper foot-candle requirements.
BE IT FURTHER RESOLVED, That a photometric plan and fixture details are required at the time
of building permits and lighting is subject to be zero degree cutoff fixtures, pole lights of no more
than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot-
candles at a property line, and
BE IT FURTHER RESOLVED, A proper shared access easement is required to be shown at the
time of building permits for the residential parcel to the northeast, and
BE IT FURTHER RESOLVED, That a berm with heavier landscaping or a fence (board on board
or PVC) with landscaping be found along the north property line abutting the residences to the
north. Said berm or fencing shall run from the start of the parking stalls to on the west to the
eastern limits of the paving near the refuse enclosure to the east along the northern property
line. The proposed screening shall be shown on the building permit documents and are to be
approved by the Community Development Department.
BE IT FURTHER RESOLVED, That curbing of the parking lot is required.
BE IT FURTHER RESOLVED, Wetlands in the City of Muskego have a 15-foot setback for hard
surfaces and structures.
BE IT FURTHER RESOLVED, That the amount of parking is approved by the Planning
Commission finding that the developer has accurately assessed their 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, Planning Commission approves of waiving the one landscape
island for every 10 parking stalls given the small parking lot proposed.
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, A final plat of survey will be required at the time of building permits
to ensure the building setback is truly from the ultimate right-of-way boundary line.
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 a review by the Planning Commission must take place
six (6) months after occupancy to look at any issues regarding traffic, lighting, and the
northern border fencing. If issues arise further remedies may be imposed by the Planning
Commission relating to these subject matters.
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: December 6, 2016
Defeated:
Deferred:
Introduced: December 6, 2016
ATTEST: Kellie McMullen, Recording Secretary