PCR2011038
RESOLUTION #P.C.038-2011
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, The Planning Commission approved annual review Resolution #023-2011 contingent upon
one more review occurring in October 2011 in order to allow the business to operate over the summer
and to engage area residents to see if any other issues may exist, and
WHEREAS, City staff sent letters to all surrounding residents along College Avenue (north of Wal-Mart)
and Lawndale Place (west of Wal-Mart behind berm in the Glenbrook Subdivision) and the letters
notified them of the October Planning Commission review of Wal-Mart and invited them to contact staff,
their local Alderman, or show up to Planning Commission to let the city know of any concerns they may
have, and
WHEREAS, The review is also contingent upon Wal-Mart following the delivery routes, decibel levels,
and 24 hour operations approved as part of their BSO Plan, and
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 and a new inspection on September 23,
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: October 4, 2011
Defeated:
Deferred:
Introduced: October 4, 2011
ATTEST: Kellie McMullen, Recording Secretary