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PC 045-2021 RESOLUTION RESOLUTION #P.C. 045-2021 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR EAGLE PARK BREWING COMPANY LOCATED IN THE NW ¼ OF SECTION 2 (TAX KEY NO. 2166.997.003 / S64 W15680 COMMERCE CENTER PARKWAY) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Eagle Park Brewing Company located at S64 W15680 Commerce Center Parkway / Tax Key No. 2166.997.003, and WHEREAS, The petitioner is proposing to add additional outdoor seating area at their business for the summer of 2021, and WHEREAS, In August 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating (due to COVID) within some parking stall in their parking lot, and WHEREAS, The new plan is to additionally utilize the first five parking stalls on the southern side of the parking area with the previously approved parking stalls and creating a large r outdoor seating area within the parking lot/drive aisle, and WHEREAS, A temporary barrier across the parking lot will prevent vehicles from passing through the drive aisle, and WHEREAS, There are two separate access points for this parking lot which will remain usable, but just not interconnected within the site, and WHEREAS, The petitioner is also looking to have two par king spaces on either side remain empty to ensure there is a turn-around for vehicles at the end of the dead end parking area, and WHEREAS, The outdoor seating area will include about 15 tables, and WHEREAS, No outdoor structures/features, other than tables, are proposed as part of this request, and WHEREAS, Staff has not received any negative feedback related to the previous temporary outdoor seating area, and WHEREAS, No other new exterior/site changes have been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan amendment for Eagle Park Brewing Company at S64 W15680 Commerce Center Parkway / Tax Key No. 2166.997.003. BE IT FURTHER RESOLVED, Details relating to the exact barrier type to be used to protect/block the outdoor seating area must be provided for staff review before this area can be blocked off to ensure the barriers are aesthetically pleasing, as construction barricades and/or cones will not be allowed as suitable barriers. BE IT FURTHER RESOLVED, Details must also be provided for staff approval on how the required turn-around stalls will be kept open at all times. BE IT FURTHER RESOLVED, The handicap parking stalls cannot be impacted or blocked off by the outdoor seating or vehicle turn around area. BE IT FURTHER RESOLVED, Any new/altered exterior lighting will need approvals from the Planning Division before any lighting changes can be made and all City required lighting specs must be met, include all fixtures being full cut-off with zero degree tilt. BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review for compliance with City sign code regulations and shopping center signage master plan and permit approvals. BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the nois e complaints. BE IT FURTHER RESOLVED, Eagle Park Brewing Company must continue working with the Clerk’s Office/Common Council to finalize specific dates of music events and they must receive all proper liquor/beer and music/dance permits. BE IT FURTHER RESOLVED, The approved outdoor operations are only valid through 2021 and any further temporary or permanent outdoor seating will need Plan Commission approval other than what was approved via Resolution PC 029-2019. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, 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: Denied: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski, Planning Manager