Plan Commission Meeting — Agenda Packet

NOTICE OF MEETING VILLAGE OF FOX POINT PLAN COMMISSION MEETING SCHWEMER HALL - MUNICIPAL BLDG. 7200 N. SANTA MONICA BLVD. FOX POINT, WI 53217 Monday, June 1, 2026 5:45 PM NOTE: the Plan Commission will be meeting in person at Village Hall, with a remote attendance option, per the hybrid meeting procedures further described in section 19-32 d. Of the Village code. This meeting is open to all citizens in person at Village Hall, or through the Zoom participant information shown below, subject to the following: no assurance is provided to those Plan Commission members and citizens intending to attend remotely that the technology will perform sufficiently to allow for their participation and the meeting will proceed regardless. Public officials and citizens wishing to ensure they can participate are encouraged to attend in person. Citizens are encouraged to submit any comments in writing in advance of the meeting to the Village Manager at manager@villageoffoxpoint.com. Zoom Participant Information https://us02web.zoom.us/j/89048465030 Dial: (312) 626-6799 Meeting ID: 890 4846 5030 AGENDA A. Roll Call B. Approval of Minutes of the May 4, 2026 Plan Commission meeting. a. 5-4-2026 Plan Commission Minutes C. Consideration of Conditional Use Permit Application for Donut Zone, Located at 8687 N Port Washington Road a. The Plan Commission will consider a conditional use permit application to operate a restaurant, Donut Zone, under Section 745-18D(1)(h) of the Village Code. The proposed restaurant is located at 8687 N Port Washington Road in the D Business District. D. Consideration of an F Institutional District request by St Eugene Congregation to allow a backup generator under Section 745-20 of the Village Code, on the property located at 7600 N Port Washington Road a. The Plan Commission will consider an F Institutional District request by St Eugene Congregation to allow a backup generator under Section 745-20 of the Village Code, on the property located at 7600 N Port Washington Road E. Consideration of an F Institutional District & Outdoor Recreational Areas And Facilities Request by the Village of Fox Point Under Sections 745-20 and 745-10 to Allow Pickleball Play on Existing Village-Owned Tennis Courts a. The Plan Commission will consider an F Institutional District & Outdoor Recreational Areas and Facilities request on the public park areas owned by the Village Of Fox Point, proposed for existing court areas at Indian Creek Park (generally located east of Indian Creek Parkway and south of Dean Road, on portions of Tax Keys 0969961000 and 0969961000) and Longacre Park (Tax Key 0969961000) Page 1 of 24 F. Adjournment Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. For additional information or to request these services, contact the Village Clerk at 414-351-8900. It is possible that members of, and possibly a quorum of members of, other governmental bodies of the municipality may attend the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Page 2 of 24 1 VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES May 4, 2026 Page 1 of 2 A meeting of the Fox Point Plan Commission was held on Monday, May 4, 2026. Commissioner Miller, as Chair Pro Tem, called the meeting to order at 5:55 p.m. and noted there was a quorum of Plan Commission members present. The Plan Commission roll call was taken by Village Deputy Clerk Teri Repins: Plan Commission: President Christine Symchych, Chair - absent Jay Craig, Commissioner Ted Durant, Commissioner William Langhoff, Commissioner David Miller, Commissioner – Chair ProTem Robert Smith, Commissioner Jake Wilson, Commissioner Staff present included Interim Village Manager Steven Kreklow, Village Attorney Eric Larson (via zoom), and Deputy Clerk Teri Repins. Notice of the meeting was provided to the North Shore Now as necessary, and to all others as required by State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). Approval of the Minutes of the April 6, 2026 Plan Commission Meeting Motion by Commissioner Miller, seconded by Commissioner Smith, and carried unanimously with a roll call vote, 6-0, the Commission approved the minutes of the April 6, 2026 Plan Commission meeting. Consideration of a Conditional Use Permit application for Nihao, located at 8673 N Port Washington Road Motion by Commissioner Durant, seconded by Commissioner Craig, and carried unanimously by roll call vote, 6-0, the Commission recommends the Village Board approve the Conditional Use Permit Application for a change of ownership to operate a restaurant under Section 745-18D(1)(h) of the Village Code, located at 8673 N Port Washington Road (former Rice Bowl) in the D Business District following the mandatory public hearing. Consideration of a Cultural Overlay request by Uihlein Electric, on behalf of the Chipstone Foundation, to allow a backup generator under Section 745-22 of the Village Code, on the property located at 7820 North Club Circle Motion by Commissioner Miller, seconded by Commissioner Langhoff, and carried unanimously by roll call vote, 6-0, the Commission finds the proposal meets all the staff considerations and recommends the Village Board approve the Cultural Overlay request by Uihlein Electric, on behalf of the Chipstone Foundation, to allow a backup generator under Section 745-22 of the Village Code, on the property located at 7820 North Club Circle. Adjourn Page 3 of 24 2 VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES May 4, 2026 Page 2 of 2 On motion of Commissioner Miller, seconded by Commissioner Smith, and carried unanimously by roll call vote, 6-0, the Plan Commission meeting adjourned at 6:06 p.m. Respectfully submitted, Teri Repins Village Deputy Clerk Published and Posted: June 2, 2026 Page 4 of 24 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Steve Kreklow, Village Manager Date: June 1, 2026 Re: Donut Zone - CUP Overview Bao Nguyen has applied for conditional use approval requesting approval to operate a restaurant. The request under Section 745-18D(1)(h) would allow a restaurant, Donut Zone, to operate at 8687 N Port Washington Road in the D Business District. The tenant space is located in the Riverpoint Shopping Center. Background The tenant location is an existing shopping center and was previously occupied by Fully Promoted, a screen printing business, who received CUP approval in 2023. Request The applicant has indicated general retail hours of operation are planned for 5AM – 3PM Monday through Saturday, and Sunday 6AM – 3PM. Additionally, the applicant has indicated that production and bakery employees would begin work at 12 AM (midnight) who would prepare product until 5AM prior to retail opening for customers. The Fox Point Police Department notes no concerns over the proposed hours, with the understanding that the overnight operation is purely for the production of food product and not open to the public. Staff have reviewed the application and determined sufficient parking within the Riverpoint Shopping Center to accommodate restaurant patrons and employees. The applicant has not indicated intention to offer outdoor dining at this time. Recommendation Staff recommends that the Plan Commission confirm hours of operation and recommend that the Village Board approve the conditional use request following a mandatory public hearing. Page 5 of 24 Page 6 of 24 Page 7 of 24 Page 8 of 24 Page 9 of 24 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Village Board From: Kevin Ausman, Assistant Village Manager CC: Steve Kreklow, Village Manager Date: June 1, 2026 Re: St. Eugene Congregation – Backup Generator Overview St. Eugene Congregation, 7600 N Port Washington Road, is requesting to add a backup electrical generator along the Northeast façade of the facility, subject to Section 745-20 F Institutional District (LINK) of the Fox Point Municipal Code. Background St. Eugene Congregation is a house of worship and school situated at the Northeast corner of Port Washington Road and Calumet Road. Request The applicant, utilizing grant funding from FEMA, is proposing a backup electrical generator to provide power to facility systems in the event of an outage. The proposed locations provided by the applicant (noted on the attached aerial labeled A and B) are located adjacent to the principal structure along the northeast façade of the facility. Due to the process with the federal government for the grant funding, the applicant is requesting that both proposed sites be provisionally approved. This request notes that Location B has already been approved by FEMA, though Location A is the preferred site for the generator. The Chiswick apartments are located to the north of St. Eugene congregation. No setback distances are noted on the submitted F District application. Utilizing GIS mapping tools, Staff estimate Location A to be ~200 ft from the side yard (north) property line, and Location B to be located ~70ft from the side yard (north) property line. Both proposed locations are within the existing footprint of the facility and are not located closer to the side yard property line than currently exists. Process Section 745-20 of the Fox Point Municipal Code regulates use of institutional districts. The Plan Commission will study the application and make a recommendation to the Village Board, who will hold a public hearing and determination. Page 10 of 24 The Plan Commission shall study such application and make its report to the Village Board advising the Village Board whether or not the Plan Commission considers that the standards have been met. The standards to be applied are whether the proposed project is; • Appropriate in the location proposed; • Compatible with the neighborhood; • Not detrimental to the property values of surrounding property; and • In keeping with the residential character and quality of the Village. Recommendation Should the Plan Commission have studied the proposal and wish to make a recommendation to the Village Board, Staff recommend the following findings and conditions: Findings The Plan Commission finds that the standards have been met and that the proposed use is: • Appropriate in the location proposed; • Compatible with the neighborhood; • Not detrimental to the property values of surrounding property; and • In keeping with the residential character and quality of the Village. Conditions Staff recommend the following condition: • A site plan be submitted with permit application detailing the setbacks to all applicable structures and property lines. • The backup generator must be sited on Location A. Location B is provisionally acceptable to locate the backup generator in the event that FEMA does not approve the change to Location A. Documentation of such decision must be provided to Staff before permits are issued. Page 11 of 24 Page 12 of 24 Page 13 of 24 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Village Board From: Kevin Ausman, Assistant Village Manager CC: Steve Kreklow, Village Manager Scott Brandmeier, DPW Director Date: June 1, 2026 Re: Pickleball Use on Village-Owned Facilities – Recreational Use Approval Overview The Village Board is asked to consider approval of pickleball courts located on Village-owned property in the F Institutional District. Repair of Village-owned tennis courts were included in the 2023 capital plan and included striping of the courts to include lines for pickleball. The Village Attorney has determined that the addition and operation of pickleball courts constitutes a public outdoor recreational use (conditional use) requiring formal approval under Section 745-10 (Outdoor Recreational Areas and Facilities) of the Municipal Code (LINK) and Section 745-20 (F Institutional District) (LINK). Background The adopted Village capital plan included restriping its existing municipal tennis courts at Longacre and Indian Creek to include pickleball court markings; though only Indian Creek was striped for pickleball play. The restriping did not involve expansion of the court footprint, installation of new structures, or modification of impervious surface area. Shortly thereafter in 2023, a private club in the Village applied for conditional use approval to convert its tennis courts to pickleball courts. The Village Attorney determined that the conversion constituted a change of use requiring formal approval. After approval was granted, litigation was initiated and later resolved through settlement. Pickleball play on the striped Village courts (Indian Creek) has been prohibited until a use approval is granted. The Village Attorney has advised that the Village Board should formally approve the municipal pickleball courts to ensure procedural consistency and full compliance with the Zoning Code. Request The Village Board has referred the investigation of approval for the existing municipal tennis courts to the Plan Commission to also allow for pickleball play as a public outdoor recreational facility pursuant to: Section 745-10 (Outdoor Recreational Areas and Facilities) and Section 745-20 (F Institutional District). Page 14 of 24 No physical expansion of the courts or installation of additional courts at either Longacre or Indian Creek are proposed. The request is limited to zoning authorization of pickleball use so that the existing four tennis courts at Indian Creek and the existing four tennis courts at Longacre be additionally striped for pickleball play. Municipal Code The subject properties are located in the F Institutional District under Section 745-20, which permits the following: • Buildings and adjoining grounds for municipal purposes (Section 745-20A(2)(a)) • Community recreational purposes operated on a not-for-profit basis (Section 745-20A(2)(d)) Under Section 745-10B(1), the existing courts are owned and operated for public recreational use, they qualify as a Public Facility. Section 745-10A requires that outdoor recreational facilities: • Not create a nuisance or hazard • Not result in substantial adverse effect on surrounding property values • Not be detrimental to public welfare • Include reasonable efforts to control lighting and provide appropriate screening • Provide adequate off-street parking Under Section 745-10F(4) and Section 745-20B(2), the Board must consider: • Appropriateness in location; • Compatibility with the neighborhood; • Protection of surrounding property values; • Consistency with the residential character of the Village. Considerations Trustees Miller and Symchych have requested that Staff include pickleball CUP conditions for other facilities in the Village. The request for these conditions is attached to this report as Exhibit A. The Plan Commission may wish to discuss the following: • Appropriateness of use • Hours of pickleball play • Months of pickleball play • Days of pickleball play • Mitigation of noise Pickleball is functionally similar to tennis in land-use and physical footprint. Under a conditional use process, with reasonable conditions based upon substantial evidence, the Plan Commission and Village Board may find that the use of pickleball play is compatible with surrounding residential properties as it is located within municipal park space intended for public recreation. Under section 745-10F(2), game courts may not be located closer than 100 feet to an adjoining property line of a property in a residence district. Both the park areas at Indian Creek and Longacre meet these criteria. Utilizing GIS mapping systems, the nearest residential property line to the nearest tennis courts Page 15 of 24 at Indian Creek is 105 feet and the nearest residential property line to the tennis courts at Longacre is 104 feet. Park hours in the Village are generally restricted to 8AM – 30 minutes until dusk. Tennis courts seasonally are protected by wind screens, the Village does not own sound barriers. The Village does not host leagues, tournaments, or other structured play on existing game courts. All play is intermittent and operated under first-come, first-served for those residents who wish to utilize courts. Recommendation At this time, absent investigation and discussion by the Plan Commission, Staff does not offer a recommendation on conditions at this time as the Plan Commission may wish to recommend its own set of conditions to Village Board. However, should the Plan Commission wish to make a recommendation to the Village Board per the standards located within Sections 745-10 and Section 745-20 of the Fox Point Municipal Code, Staff recommend that the Plan Commission make the following findings regarding pickleball play in addition to conditions which arise from discussion: • Section 745-10 o The use does not create a nuisance, a hazard, or otherwise result in a substantial adverse effect on the surrounding property values or on the enjoyment of such property, or be in any other way detrimental to the general public welfare. • Section 745-20 o Appropriate in the location proposed; o Compatible with the neighborhood; o Not detrimental to the property values of surrounding property; and o In keeping with the residential character and quality of the Village. Page 16 of 24 Print Date: 5/28/2026 DISCLAIMER: The Village of Fox Point Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. SCALE: 1" = ' Village of Fox Point GIS Indian Creek Park - Tennis Courts 188 VILLAGE OF FOX POINT 7200 North Santa Monica Blvd Fox Point, WI 53217 (414) 351-8900 2,256.99 Page 17 of 24 Print Date: 5/28/2026 DISCLAIMER: The Village of Fox Point Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. SCALE: 1" = ' Village of Fox Point GIS Indian Creek Park - Distance to Residential Property Lines 94 1,128.50 VILLAGE OF FOX POINT 7200 North Santa Monica Boulevard Fox Point, WI 53217 (414) 351-8900 Page 18 of 24 Print Date: 5/28/2026 DISCLAIMER: The Village of Fox Point Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. SCALE: 1" = ' Village of Fox Point GIS Longacre Park - Tennis Courts 188 VILLAGE OF FOX POINT 7200 North Santa Monica Blvd Fox Point, WI 53217 (414) 351-8900 2,256.99 Page 19 of 24 Print Date: 5/28/2026 DISCLAIMER: The Village of Fox Point Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. SCALE: 1" = ' Village of Fox Point GIS Longacre Park - Distance to Residential Property Lines 94 1,128.50 VILLAGE OF FOX POINT 7200 North Santa Monica Boulevard Fox Point, WI 53217 (414) 351-8900 Page 20 of 24 EXHIBIT A EXECUTED TOWN CLUB PICKLEBALL CUP 2025-10 CONDITIONS Page 21 of 24 Page 22 of 24 Page 23 of 24 Page 24 of 24