Plan Commission — Agenda

NOTICE OF MEETING Published and Posted: January 2, 2026 VILLAGE OF FOX POINT PLAN COMMISSION SCHWEMER HALL - MUNICIPAL BLDG. Monday 7200 N. SANTA MONICA BLVD January 5, 2026 FOX POINT, WI 53217 5:45 P.M. 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 Interim 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 1. Roll Call. 2. Approval of the minutes of the December 1, 2025 Plan Commission meeting. 3. Consideration of Conditional Use Permit Application for Past Basket The Plan Commission will consider and may act on a Conditional Use Permit application regarding change of ownership for an existing business under Section 745 -18D(1)(i) for a retail store, Past Basket, located at 383 W Brown Deer Road in the D Business Dis trict. 4. Consideration and Possible Action Concerning Not -substantial Modification to Wireless Telecommunications Mobile Service Facilities at 7200 N. Santa Monica Blvd. The Plan Commission will consider and may act on the application received from Ramaker & Associates, Inc., pursuant to Section 745-23(D)(2) of the Village Code, to modify the existing cell tower facility located at 7200 N. Santa Monica Blvd. in the Village of Fox Point, by increasing the height of the tower by 20 feet and collocating telecommunications facilities on the tower. 5. Consideration and Possible Action Concerning a Possible License for use of Village -owned land at 7200 N. Santa Monica Blvd. for Collocation of Telecommunications Facilities The Plan Commission will consider and may act to grant a License to Ramaker & Associates, Inc., and/or Verizon Wireless, granting the right to use Village-owned property for installation and operation of telecommunications facilities on a modified existing telecommunications tower. 6. Adjourn. NEXT PLAN COMMISSION MEETING: Monday, February 2, 2026 PLEASE NOTE: 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 351-8900. It is possible that members of, and possibly a quorum of members of, other governmental bodies of the municipality may be in attendance at t he above stated meeting to gather information; no action will be taken by any governmental body at the above stated meet ing other than the governmental body specifically referred to above in this notice. 1 VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES December 1, 2025 Page 1 of 2 A meeting of the Fox Point Plan Commission was held on Monday, December 1, 2025. Commissioner Symchych called the meeting to order at 5:49 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, Chairman – via zoom Jay Craig, Commissioner Ted Durant, Commissioner William Langhoff, Commissioner David Miller, Commissioner Robert Smith, Commissioner Jake Wilson, Commissioner Staff present included Interim Village Manager Mitch Reynolds, Assistant Village Manager Kevin Ausman, Village Attorney Eric Larson, 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 September 2, 2025 Plan Commission Meeting Motion by Commissioner Durant, seconded by Commissioner Miller, and carried unanimously with a roll call vote, 7-0, the Commission approved the minutes of the September 2, 2025 Plan Commission meeting. Consideration of Conditional Use Permit Application for Acquisitions LLC, Riverpoint Shopping Center, 8643 N Port Washington Rd. Motion by Commissioner Miller, seconded by Commissioner Durant, and carried unanimously by roll call vote, 7-0, the Commission recommends the Village Board approve the Conditional Use Permit Application for Acquisitions LLC to allow a retail consignment shop at the Riverpoint Shopping Center, 8643 N Port Washington Rd. Consideration of Conditional Use Permit Application for WCL Construction, 8035 N Port Washington Rd. Motion by Commissioner Durant, seconded by Commissioner Langhoff, and carried unanimously by roll call vote, 7-0, the Commission recommends the Village Board approve the Conditional Use Permit Application for WCL Construction, as identified in the staff memo and to include the eight conditions, on the property occupied by Billy Goat Roofing, 8035 N Port Washington Rd. Consideration of F Institutional District Use Application for Destin’s Childcare and Learning Academy LLC, 8223 N Port Washington Rd. Motion by President Symchych, seconded by Commissioner Miller, and carried unanimously by roll call vote, 7-0, the Commission recommends the Village Board approve the F Institutional District Use Application to allow for Destin’s Childcare and 2 VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES December 1, 2025 Page 1 of 2 Learning Academy LLC, to operate a daycare center on the property owned by Congregation Sinai, 8223 N Port Washington Rd., and that the Plan Commission recommends the Village Board find that the application satisfies 745-20 that the daycare is in the appropriate location, compatible with the neighborhood, is not detrimental to the property values of surrounding property, and is in keeping with the residential character and quality of the Village; and recommends to follow the conditions represented in the staff memo to establish hours of operation, supply a parking plan, establish whether any outdoor operations will occur and obtain other required licenses, permits and approvals as listed Commissioner Craig announced his recusal and departed. Consideration of Port Washington Overlay (PWO) Zoning District Application of John Degroote, for a Brewery/Taproom Concept, 8000 N Port Washington Rd. Motion by Commissioner Durant, seconded by Commissioner Miller, the Plan Commission finds that the proposed development will be adequately served by off street parking in truck services, that the locations for entrances and exits have been designed to prevent unnecessary interference with the safety and efficiency to move traffic on surrounding streets and that the architectural design and landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with the surrounding neighborhood. The Plan Commission recommends the Village Board approve the request for planned overlay subject to appropriate conditions regarding hours of operation, both for indoors and outdoors, hours, amplification and direction of any music and that they obtain all of the other licenses, permits and approvals. Motion by Commissioner Miller, seconded by Commissioner Durant to amend the motion to include the Village Board find the project meets the intent of Section 745-22.5 and the adopted Comprehensive Plan and the Village Board accept the Plan Commission’s determination that structural conditions exist on the site which support deviation of the Built-to Line requirement under section 745-22.5(D)(1)(b). There was unanimous consent to accept the amendment. Amended motion carried unanimously by roll call vote 6-0 Adjourn On motion of President Symchych, seconded by Commissioner Miller, and carried unanimously by roll call vote, 6-0, the Plan Commission meeting adjourned at 7:25 p.m. Respectfully submitted, Teri Repins Village Deputy Clerk Published and Posted: January 6, 2026 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: Mitch Reynolds, Interim Village Manager Date: January 5, 2026 Re: Past Basket - CUP Overview Rick Cohen (on behalf of Lauren & Rose DBA Past Basket), has applied for conditional use approval regarding change of ownership for an existing business under Section 745-18D(1)(i) for a retail store, Past Basket, located at 383 W Brown Deer Road in the D Business District. The tenant space is located in the Audubon Court shopping center. Background Past Basket is an existing retail store located at 383 W Brown Deer Road. Request Section 745-18D(1)(i) of the Fox Point Municipal Code identifies retail and service stores as Conditional Use. The applicant has not indicated exterior modifications to the site, nor changes to the existing business operations. Hours of operation are Monday through Saturday, 9 AM – 6 PM. Staff have determined sufficient parking within the Audubon Court shopping center to accommodate the three (average) employees and any patrons of the establishment. Recommendation Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request following a mandatory public hearing. 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: Mitch Reynolds, Interim Village Manager Eric Larson, Village Attorney Scott Brandmeier, Director of Public Works Michael Rakow, Building Inspector Date: January 5, 2026 Re: Verizon Cell Tower Overview Ramaker and Associates have applied for approval to increase the height of the cell tower on property owned by the Village of Fox Point, 7200 N Santa Monica Blvd, located between Village Hall and the Municipal Pool parking lot. Background Per Wisconsin Statutes Section 66.0404(3) and Section 745- 23(D)(2)(d) of the Village Code, the Village must act on a telecommunication request no later than 45 days from the date the application was received to take final action on the zoning application, or it is deemed approved. The subject property (Village Hall) is identified as F Institutional District and regulated by Section 745-20. All uses in this district are subject to a set of required standards and findings before the use can be permitted. Changes to state statutes in recent years have limited local control over telecommunication towers, and the standards of 745-20 F Institutional District are preempted by Wisconsin state law. Wisconsin Statutes Section 66.0404(1)(s) defines a “substantial modification” to a cell tower structure as a change which increases the overall height more than 20 feet. The proposed height increase is exactly 20 feet, therefore classifying the request under State law as a class two collocation. The existing tower resides on Village property, and as such, the existing license requires that any co- locator on the tower must enter a separate license agreement with the Village. No such license or terms have been proposed to Village Staff. Request Section 745-23 of the Fox Point Municipal Code “Wireless Telecommunications mobile service facilities,” does identify a process for a class two collocation. This section mirrors state law in that the Plan Commission and Village Board must make a determination within 45 days. However, the 45-day time limit only applies to zoning approval; not the issue of a license. Recommendation There are two items within this request that run parallel to each other; the zoning approval and the negotiation over a license (which has not yet been proposed). Unlike other sections of the Fox Point Municipal Code in regards to use approvals, Section 745-23 (regarding the class two collocation) does not establish conditions or standards that must be met by the Plan Commission. If the cell tower modification and collocation is recommended for approval, it should be made subject to the applicant obtaining a license for the use from the property owner.