CCR2002136e
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #136-2002
DETERMINATION OF NONSUBSTANTIAL CHANGE TO THE
MUSKEG0 CENTRE PLANNED DEVELOPMENT DISTRICT
WHEREAS, A request for an exterior menu preview board and intercom ordering
system for McDonalds’s was submitted by Thomas Martinez d/b/a Martinez Enterprises;
and
WHEREAS, Said system is to be located along the west side of the McDonald’s
restaurant located at W189 S7851 Racine Avenue; and
WHEREAS, Said request constitutes a change to the approved planned unit
development of the Muskego Centre Planned Development District; and
WHEREAS, The Plan Commission reviewed the request and determined that it does
not constitute a substantial change to the OPD of Muskego Centre Planned
Development District through the adoption of #P.C. 072A-2002, as amended.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby determine
that the exterior menu preview board and intercom ordering system for McDonald’s
does not constitute a substantial change to the Muskego Centre Planned Development
District.
DATED THIS 25th DAY OF June ,2002
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #136-2002 which
was adopted by the Common Council of the City of Muskego.
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City of Muskego
Plan Commission Supplement PC 072-2002
For fhe meeting of: June 18,2002
REQUEST: Approval of a Building Site and Operation Plan amendment and determination of non-
substantial change to the Muskego Centre Planned Development District
W189 S7851 Racine Avenue /Tax Key No. 2192.974
SE % of Section 8
PETITIONER: Thomas Martinez. d/b/a McDonald's
INTRODUCED May 21,2002
LAST AGENDA: May 21,2002
PREPARED BY: Brian Turk
BACKGROUND PC 072-2002
On or about March 26, 2002 the petitioner installed an exterior audio-video intercom ordering system and
located a preview menu board for the restaurant drive-thru without Plan Commission approval. The 0 Planning Department issued a compliance IeHer on March 27, 2002 seeking remedy. The property owner
failed to respond to the compliance letter and citations in the amount of $100.00 per day were issued on
April 11, 2002. On May 8, 2002 the petitioner filed the attached BSO amendment seeking approval for
the system as installed.
Item was deferred on May 21, 2002 in order to gather neighborhood feedback, and allow the Plan
Commission members individual opportunities to conduct on-site reviews.
PLAN CONSISTENCY PC 072-2002
Comprehensive Plan: The 2010 Comprehensive Plan depicts the area for commercial use. The
proposal is consistent with the Plan ,- .
The parcel is zoned B-Z/OPD. Local Service Center with Planned
district.
Development Overlay District. The use is permitted by right with the
All changes to exterior changes to a commercial property requires Plan
Commission approval of the BSO amendment. A determination of non-
substantial changed to the Muskego Centre OPD is required to avoid the
need for a public hearing and Common Council approval.
Park and Open Space The 2001-2005 Plan does not depict acquisitions in the area. The Plan: proposal is consistent with the Plan.
Zoning:
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Conservation Plan: The Plan does not identify the parcel lor conservation management or
acquisition. The proposal is consistent with the Plan.
Street System Plan:
Racine Avenue has been previously dedicated to its ultimate width as
depicted on the 2010 Street System Plan. The proposal is consistent
with the Plan.
Utility Service Areas: with the Plan,
Municipal sewer and water serve the property. The proposal is
STAFF DISCUSSION PC 072-2002
Alderman Petfalksi conducted a door-to-door survey of resident opinions. In all, no one felt the system
was a detriment, and some commented that other background noise washed out any sounds they would
otherwise hear.
An amended Resolution #PC 072A-2002 addresses the matter.
STAFF RECOMMENDATION PC 072-2002
Approval of Resolution #PC 072A-2002.
RESOLUTION #P.C.072A-2002
APPROVAL OF BUILDING SITE AND OPERATION PLAN AMENDMENT AND DETERMINATION OF
NON-SUBSTANTIAL CHANGE TO THE MUSKEG0 CENTRE PLANNED DEVELOPMENT DISTRICT
I
FOR THE McDONALD'S PROPERTY LOCATED AT W189 S7851 RACINE AVENUE /
TAX KEY NO. 2192.974
WHEREAS, On May 3, 2002, plans were submitted by Thomas Martinez d/b/a Martinez Enterprises for a
Building, Site and Operation Plan amendment and determination of non-substantial change to the
Muskego Centre Planned Development District for McDonald's at the property located at W189 S7851
Racine Avenue /Tax Key No. 2192.974. and
WHEREAS, Said property is currently zoned B-2lOPD-Local Service Center with Planned Development
Overlay District, and said use is a permitted use by right subject to Plan Commission approval of a
Building, Site and Operation Plan, and
WHEREAS, The site landscape plan submitted illustrates a menu preview board and intercom ordering
towards residential developments, and
system located along the west side of the restaurant, and said board and ordering system face west
WHEREAS, The Plan Commission has approved similar ordering systems for other petitioners provided
that the systems faced abutting commercial land uses to minimize its effect on residential properties, and
WHEREAS, Alderman Petfalski has addressed the matter with adioininq neiahbors and none have
expressed concerns reqardinq the placement of the orderinq system. and
WHEREAS, No landscape plantings are proposed to be installed to minimize the ordering system's effect
on surrounding properties.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan amendment as submitted by Thomas Martinez d/b/a Martinez Enterprises at the property
located at W189 S7851 Racine Avenue.
BE IT FURTHER RESOLVED, That the Plan Commission does not find the proposed Building Site and
Operation Plan amendment to be a substantial change to the Muskego Centre Planned Development
District, and a public hearing is not recommended.
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BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and
that all aspect of this plan as they relate to landscape areas and drainage shall be maintained in
perpetuity unless otherwise authorized by the Plan Commission.
Plan Commission
City of Muskego
Adopted:
Deferred: May 21, 2002, June 4, 2002
Introduced: May 21. 2002
ATTEST Kellie Renk, Recording Secretary