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PCR2025010 Fleet Farm Annual Review DeferralRESOLUTION #P.C. 010-2025 APPROVAL OF AN ANNUAL REVIEW FOR THE FLEET FARM STORE AND GAS STATION/CONVENIENCE STORE LOCATED IN THE NE'/4 OF SECTION 5 (W195 S6460 RACINE AVENUE / TAX KEY NO. 2177.996) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan on March 1, 2022 and a Conditional Use Grant for a gas station convenience store and an automobile service area for Fleet Farm via Resolutions PC 0023-2022 and PC 025-2022 located at S195 W6460 Racine Avenue, and WHEREAS, The property is zoned B-3 General Business District, and current uses are allowed by right and by Conditional Use Grant, and WHEREAS, Although the approvals were in 2022, the building additions and site work were mostly completed for temporary occupancy in 2023, when Fleet Farm opened for business, and WHEREAS, Fleet Farm is still operating under a temporary occupancy and still has a couple minor items that must be completed for full occupancy of the site, and WHEREAS, Ongoing conditions that are reviewed during the annual reviews include: - Outdoor storage/sales of LP and ice are limited to the containers and locations as noted in this resolution (one ice bin and one LP bin) with the exterior of all containers to be painted to match the building and no with no other outdoor sales being allowed in front of the gas station building (firewood, etc.). - Outdoor merchandise sales of salt and washer fluid is limited to the area between the pumps only (not on the end caps of the pumps) and must be raised on a curbed surface and maintained neatly at all times in a confined area. Fleet Farm made the decision during construction of the gas station/convenience store that they were not going to add a curbed area around the pumps to allow for the outdoor sales between the pumps. Therefore, no outdoor sales are allowed between the gas pumps. - The seasonal outdoor garden sales greenhouse, shade structure and movable shed must be removed from the parking lot while the seasonal sales are not occurring and taken off site or located within the store or in the screened outdoor storage area. - Any outdoor sales, display and/or storage by the main store is limited to the specifically identified area noted on the site plan and no additional outdoor storage or display of products is allowed at any time on site, unless further Plan Commission approvals are sought. - All signage must be permitted via a separate sign permit. WHEREAS, A site inspection was conducted on February 11, 2025 and compliance was not found, and WHEREAS, Specific violations included an ice bin and LP cage/bin outside of the store that have not been painted to match the exterior or the building, outside sales of salt between the gas pumps, which are not allowed due to the decision to exclude the concrete curb during construction, a long row of carts, pallets, product and a garbage dumpster being stored behind the building, and a trailer for rent was located outside of the allowable outdoor sales/storage areas, and WHEREAS, A letter was sent to the store manager and corporate office identifying the issues and a follow up inspection conducted on February 21, 2025 showed no improvement to the site and there was additional product located behind the building, and THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for Fleet Farm. 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 Department City of Muskego Adopted: Defeated: Deferred: March 4, 2025 Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager