PCR2022034 Eagle Park BSO AmendRESOLUTION #P.C. 034-2022
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
EAGLE PARK BREWING COMPANY LOCATED IN THE NW % 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 outdoor seating area will be identical to the BSO Amendment of June 2021
(Resolution PC 045-2021), and
WHEREAS, The approval in 2021 included the first five parking stalls on both the northern and
southern side of the parking area and creating a larger outdoor seating area by placing a
temporary barrier across the parking lot preventing vehicle passage through the drive aisle, and
WHEREAS, A temporary barrier of elevated planting bed were used last year and again this year
across the parking lot preventing 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 parking 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, If the elevated planting beds are not used for the barrier again,
details relating to the exact barrier type to be used to protect/block the outdoor seating area must
be provided for staff review, as construction barricades and/or cones will not be allowed as
suitable barriers.
BE IT FURTHER RESOLVED, The turn -around location must be kept clear to allow vehicles to
turn around at the end of the drive aisle.
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
outdoor patio useage, 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 noise
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 2022 and
any further temporary or permanent outdoor seating will need Plan Commission approval.
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: May 3, 2022
Denied:
Deferred:
Introduced: May 3, 2022
ATTEST: Adam Trzebiatowski, Planning Manager