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PCR20021160 RESOLUTION #P.C. 116-2002 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT AND CENTRE PLANNED DEVELOPMENT DISTRICT FORTHE MARTINEZ PROPERTY d/b/a/ DETERMINATION OF NON-SUBSTANTIAL CHANGE TO THE APPROVED MUSKEG0 Mc DONALDS LOCATED IN THE SE X OF SECTION 8 (TAX KEY NO. 2192.974 / W189 57851 RACINE AVENUE) WHEREAS, On August 9, 2002 plans to replace the existing monument signs was submitted by Tom Martinez on behalf of McDonalds for the Muskego Centre Planned Development at W189 S7851 Racine Avenue. and WHEREAS, The property is zoned B910PD. Local Service Center District as modified by the Planned Development District, and building and site signs are permitted subject to Section 17:6.09 of the Zoning Code, and WHEREAS, The petitioner is proposing one replacement monument sign measuring 14 feet in height, with the sign area measuring approximately 48.6 square feet, and WHEREAS, The proposed sign includes a changeable copy reader board 16.2 square feet in area, with 2 line of text utilizing 6" fonts, and WHEREAS, The sign is illustrated to be 25 feet from the Racine Avenue right-of-way, and WHEREAS, The previously approved landscape plan will be utilized, and WHEREAS, The monument sign will be internally illuminated, and reflect the McDonalds corporate colors, and WHEREAS, Section 17:6.09(6)(d)(l) of the Zoning Code limits the height of monument signs to 7 feet, and the proposed sign does not meet this requirement, and WHEREAS, Section 17:6.09(6)(9)(2) of the Zoning Code requires reader boards to have 9" letters where they are located more than 100 feet from centerline and are adjacent to roadways with a 35 mph design speed, and the proposed sign does not meet this requirement, and WHEREAS, Section 17:6.09(6)(g)(2) of the zoning code limits the size of changeable copy reader boards to no more than 25% of the area of the main sign area, and the proposed sign does not meet this requirement because the changeable copy reader board is proposed to be 33% of the size of the main sign area, and WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the Plan Commission and Common Council to consider petitions "without specific compliance to the district regulations as hereinafter provided. " And as such, the Plan Commission and Common Council have the discretion within Planned Development Districts to allow signs which are not in specific conformance with the Code, and WHEREAS, Section 17602 of the Zoning Code permits the Plan Cornmission and Common changes. In the event that an amendment is considered substantial, a public hearing would be Council to consider amendments to the District as either "substantial" or "non-substantial" held prior to Common Council consideration. * THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amendment to the Building Site and Operation Plan to replace the existing monument sign as submitted by Tom Martinez on behalf of McDonalds for the Muskego Centre Planned Development at W189 57851 Racine Avenue change to the approved Dreamland Planned Development District and recommends to the BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-substantial Common Council that no public hearing shall be required. 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 DENIED WITHOUT PREJUDICE: October 15,2002 Adopted: Defeated: Deferred: September 3, 2002; September 17, 2002; October 1, 2002 Introduced: September 3, 2002 ATTEST. Sandi Asti,