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PCR2011023 RESOLUTION #P.C.023-2011 APPROVAL OF AN ANNUAL REVIEW FOR WAL-MART LOCATED IN THE NE ¼ OF SECTION 3 (W159 S6530 MOORLAND ROAD / TAX KEY NO. 2169.999.003) WHEREAS, On June 3, 2008, a Building, Site, and Operation Plan was approved by Plan Commission for Wal-Mart located in the NE ¼ of Section 3 (W159 S6530 Moorland Road / Tax Key No. 2169.999.003), and WHEREAS, Plan Commission stipulated in Resolution #P.C. 045-2011 that an annual review will be required for delivery routes, decibel levels, and 24 hour operations originally approved in the BSO and the annual review will expire if there are no issues. WHEREAS, Truck deliveries are limited to the hours of 5 am to 11 pm and trucks are required to shutdown engines during loading/unloading, and WHEREAS, A decibel level was limited to 50 db at the east lot line of the Wal-Mart parcel, and WHEREAS, A site inspection was completed on March 28, 2011, with the use of a calibrated Sound Level Meter and staff found decibel levels to be no more than 40 db along the entire east lot line of Wal- Mart (in a light wind). THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Wal-Mart located in the NE ¼ of Section 3 (W159S6530 Moorland Road / Tax Key No. 2169.999.003), BE IT FURTHER RESOLVED, That there will be no further annual reviews for Wal-Mart unless Planning Commission directs to do so or problems from the approved BSO from 2008 take place. BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the Building Department and 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: April 5, 2011 Defeated: Deferred: Introduced: April 5, 2011 ATTEST: Kellie McMullen, Recording Secretary