Village Board — Agenda

NOTICE OF MEETING VILLAGE OF FOX POINT VILLAGE BOARD MEETING SCHWEMER HALL – MUNICIPAL BUILDING TUESDAY 7200 N. SANTA MONICA BLVD November 11, 2025 FOX POINT, WI 53217 7:00 P.M. NOTE: THE VILLAGE BOARD 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 GOVERNING BODY MEMBERS AND CITIZENS INTENDING TO ATTEND REMOTELY THAT THE TECHNOLOGY WILL PERFORM SUFFICIENTLY TO ALLOW FOR THEIR PARTICIPATION AND THE MEETING WILL PROCEDE 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, HOWEVER THERE IS NO LARGER RIGHT TO COMMENT REMOTELY OR IN WRITING THAN IN PERSON. Zoom Participant Information https://us02web.zoom.us/j/87335256142 Meeting ID: 873 3525 6142 Dial: (312) 626-6799 AGENDA 1. Roll Call 2. Announcement of Innovative Public Advisors contract regarding Interim Village Manager appointment and Village Manager recruitment services. 3. Persons desiring to be heard At this t ime, individuals can address the Village Board on one or more topics for up to three-minutes with time extensions at the Village President's discretion. Citizen comment when agenda items are called will be heard at the discretion of the chair, subject to the overall three-minute limit. In connection with non-agenda items, no action will be taken except for possible referrals to individuals or committees. NOTE: No comments will be heard during this agenda item concerning a matter that has been or will be the subject of a Public Hearing, as the appropriate time for such comments will be at the duly noticed public hearing, so that all interested persons can hear the comments and due process is preserved. 4. Consent Agenda – All items listed under the Consent Agenda will be approved in one motion without discussion unless any Board member requests that the item be removed for individual discussion and possible action. Any item(s) so removed shall be considered individually prior to consideration of any New Business agenda items in the same order in which they were originally listed in the Consent Agenda. a. Approve the minutes of the October 14, 2025 Village Board meeting, October 20, 2025 Special Village Board meeting, and October 27, 2025 Village Board Budget Workshop. b. Approve Change Order No.1 from Wachtel Tree Science for additional contract forestry work for the remainder of 2025 in an amount not to exceed $2,000 pursuant to the Director of Public Works’ memorandum dated November 5, 2025. [Pages 1-7] [Pages 8-10] c. Approve Change Order No. 3 from Kapur & Associates for the Beach Drive Jetties Repair project in an amount not to exceed $12,375 pursuant to the Director of Public Works’ memorandum dated November 5, 2025. d. Approve the Reimbursement Agreement for the preliminary engineering services for the Union Pacific Railroad for the railroad crossing improvements at Bradley Road pursuant to the Director of Public Works memorandum dated November 5, 2025. e. Approve payment of the bills in the amount of $2,110,072.11 for the period October 1, 2025 through October 31, 2025 per the report submitted by the Village Manager. 5. Unfinished Business a. Town Club Conditional Use Permit The Village Bo ard may consider and may act on a Conditional Use Permit for the Town Club for pickleball operations. A public hearing was held regarding this matter on or about January 9, 2024, and April 9, 2024. A substantially similar version of this Conditional Use Permit was conditionally approved by the Village Board on or about May 14, 2024, but it did not take effect, and it has been the subject of litigation which is continuing. The Village Board may defer action on this matter until after the closed session as described in Section 8 and 9, below, to confer with counsel. 6. New Business a. Referral of Port Washington Overlay Zoning District (PWO) Request by New Barons Brewing Cooperative on the property located at 8000 N Port Washington Road per Section 745-22.5 of the Fox Point Municipal Code to establish and allow a brewery with taproom operations. The Village Board will refer the PWO request of New Barons Brewing Cooperative to the Plan Commission. 7. Future Agenda Items The Village Board w ill act on any Trustee requests to place additional matters on an upcoming agenda, without discussion. 8. Closed Session, if necessary It is anticipated the Village Board will convene into closed session for the following reason(s): a. Upon motion made, seconded and adopted by roll call vote, the Village Board will convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(g), to confer with legal counsel for the government who is rendering oral or written advice concerning strategy to be adopted by the governing body with respect to litigation in which the body is involved; more specifically regarding the Milwaukee County Circuit Court case entitled “The Town Club v. Village of Fox Point”. The Village Board may invite specific persons to attend the closed session, and if so, the persons invited will be announced prior to convening in closed session. 9. Reconvene into Open Session [Pages 11-13] [Pages 14-20] [Pages 21-34] [Pages 35-52] [Pages 53-88] The Village Board will reconvene into open session and may take action concerning the litigation, which may include action on the Conditional Use Permit, as described in Section 5.a., above. 10. Announcements The following i ndividuals will be given the opportunity to make announcements at the meeting in regard to (i) actions taken since the previous Village Board meeting on behalf of the Village, (ii) future Village activities and (iii) communications received from citizens. These matters will not be discussed or acted on, and Board members shall not comment on matters announced by others. Referrals may be made to committees and/or individuals. a. Village Pr esident Symchych b. Trustee Barry c. Trustee Ollman d. Trustee Aelion e. Trustee Stoltz f. Trustee Freedman g. Trustee Miller h. Interim Village Manager 11. Adjournment NEXT REGUL AR VILLAGE BOARD MEETING: December 9, 2025 7:00 P.M. PLEASE NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. Also, upon reasonable notice, best efforts will be used to ensure that members of the public lacking access to the virtual meeting platform are provided alternative reasonable methods to attend. For additional information or to request these services, contact the Village Clerk at (414) 351-8900. "Persons requiring an interpreter or other assistance should contact the Village Clerk’s office 72 hours prior to the meeting. Notice is hereby given that a majority any other board, commission or committee may be present at the meeting to gather information about a subject in which they are interested. This constitutes a meeting of any other board, commission or committee pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 2d 408 (1993), and must be noticed as such, although said boards, commissions or committees will not take any formal action at this meeting." Published and posted: November 6, 2025 1 A meeting and public hearing of the Fox Point Village Board was held by a combination 2 of in-person and virtual attendance via telephonic and video conferencing on Tuesday, 3 October 14, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President 4 Symchych called the meeting to order at 7:00 p.m. and asked the Village Clerk Treasurer to 5 take roll call. Roll Call of the Village Board present included: 6 7 Village President Christine Symchych 8 Trustee Greg Ollman 9 Trustee Liz Aelion 10 Trustee Jennie Stoltz 11 Trustee Freedman 12 Trustee Miller 13 Trustee Barry 14 15 Also, present were Village Attorney Eric Larson, Acting Village Manager Chief Chris Freedy, 16 Public Works Director Scott Brandmeier, Village Clerk Treasurer Sara Bruckman, and 17 Assistant Village Manager Kevin Ausman, Deputy Clerk Teri Repins 18 19 Notice of the meeting was provi ded to the North Shore Now and to all others as required by 20 State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica 21 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 22 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 23 24 PERSONS DESIRING TO BE HEARD 25 26 Beth Gregg 7414 N Boyd Way, Fox Point; with reconstruction Bell is not safer 27 with the construction. Would like to see the traffic laws enforced. 28 29 Steven Lubar 7751 N Santa Monica Blvd, Fox Point; rights to enjoy homes have 30 been overlooked and ignored with the noise from the Town Club nightly. Would 31 like to see the noise ordinance reviewed. 32 33 Hearing no other comments, President Symchych closed public comment. 34 35 36 CONSENT AGENDA 37 a. Approve the minutes of the August 12, 2025 Village Board meeting. 38 39 b. Approval of President Symchych’s appointment of Scott Davis to fill the Building Board seat 40 vacated by Sharon Kevil for the remainder of the 2025/26 term. 41 42 c. Adopt Resolution supporting the Milwaukee County Pre-Disaster Mitigation Plan, dated August 43 2004, as updated in 2016 and as approved by the Wisconsin Emergency Management and the 44 Federal Emergency Management Agency in May 2017. 45 46 d. Approve Village Manager to submit letters of intent/purchase orders in the amount of 47 $55,127.75 to Napleton Chevrolet of Columbus for a police fleet vehicle when the order 48 window/allocation opens for delivery in 2026. 49 50 VB Agenda Packet 11/11/2025 Page 1 of 88 e. Approve the proposal from Kapur & Associates in an amount not to exceed $22,455 for the 51 preparation of contract documents for the repairs to be made to infrastructure damaged by the 52 August 9-12, 2025 storm event pursuant to the Director of Public Works’ memorandum dated 53 October 7, 2025. 54 55 f. Approve Change Order No. 1 for additional storm sewer work for the Beach Drive Road and 56 Utility project not to exceed $54,338 pursuant to the Director of Public Works’ memorandum 57 dated October 7, 2025. 58 59 g. Approval of a Resolution Approving a “Single or Multi-Year Capital” Budget to Purchase Large 60 Apparatus Equipment from 2026-2030 as requested by NSFD 61 62 h. Approval of a Resolution Approving the 2026 North Shore Fire Department Fees for Service 63 Schedule 64 65 i. Approval of a Resolution Authorizing and Exception to the Levy Limits for Charges for the North 66 Shore Fire Department Pursuant to 2005 Wisconsin Act 484, as requested by NSFD 67 68 j. Approve payment of the bills in the amount of $896,467.62 for the period September 1, 2025 69 through September 30, 2025 per the report submitted by the Village Manager. 70 71 Motion by President Symchych, seconded by Trustee Freedman, and carried by 72 roll call vote (7-0), to approve the consent agenda. 73 74 UNFINISHED BUSINESS 75 76 Consideration Village of Fox Point Pool Naming Rights Policy 77 78 Motion by President Symchych, seconded by Trustee Stoltz, and carried by roll call vote 79 (7-0), to adopt the Fox Point Poll Naming Rights Policy with the changes as discussed 80 in 6b and 7e. 81 82 Kate Battle 8675 Thanked the Village Board for their work on the Fox Point Pool 83 Naming Rights Policy. 84 85 NEW BUSINESS 86 87 Consideration of Ending Flood Emergency 88 89 Motion by Presi dent Symchych, seconded by Trustee Miller, and carried by roll 90 call vote (7-0), to approve Resolution to rescind resolution 2025-07 entitled 91 “resolution to ratify the emergency proclamation of President Symchych 92 pertaining to the storm damage arising from the august 9-10 storm event in the 93 village of fox point, and declaration of emergency” and related emergency 94 proclamation of President Symchych and declaration of emergency. 95 96 Update on August 9-12, 2025 Storm Event 97 98 Mr. Brandmeier gave an update on the August 9-12 Storm Event. 99 100 Special Meeting Update on Interim/Village Manager RFP Status 101 VB Agenda Packet 11/11/2025 Page 2 of 88 102 Pr esident Symchych noted we received 5 proposals and there will be a Special 103 Village Board Meeting, Monday, October 20, 2025 at 5:00 p.m. to review and 104 discuss. 105 106 Announcement of Clerk Treasurer Resignation and Consideration of how to proceed 107 with hiring and interim hiring 108 109 President Symchych announced Clerk Treasurer Bruckman’s resignation. 110 111 President Symchych recused herself and Trustee Ollman took over chairing the 112 meeting. 113 114 CLOSED SESSION – 115 116 a. Motion made by President , seconded by Trustee , to convene into closed session at 8 p.m., 117 Pursuant to State Statutes Sections: 19.85(1)(g) to confer with legal counsel for the 118 government who is rendering oral or written advice concerning strategy to be adopted by the 119 governing body with respect to litigation in which the body is involved; more specifically 120 regarding the Milwaukee County Circuit Court case entitled “The Town Club v. Village of Fox 121 Point”. The Village Board may invite specific persons to attend the closed session, and if so, 122 the persons invited will be announced prior to convening in closed session. 123 124 Trustee Ollman Aye 125 Trustee Aelion Aye 126 Trustee Stoltz Aye 127 Trustee Freedman Aye 128 Trustee Miller Aye 129 Trustee Barry Aye 130 President Symchych Aye 131 132 Carried by roll call vote (7-0). 133 134 RECONVENE INTO OPEN SESSION 135 136 Motion made by Trustee Miller, seconded by Trustee Aelion and carried by roll call vote 137 (6-0), to reconvene into open session at 8:37 p.m. 138 139 FUTURE AGENDA ITEMS – None 140 141 ANNOUNCEMENTS 142 143 Trustee Aelion announced the bonfire Saturday night. 144 145 Trustee Stoltz announced the North Shore Dementia Aging Summit will be held at the Glendale 146 Health Department. 147 148 ADJOURNMENT 149 150 Motion made by Trustee Ollman, second by Trustee Miller, and carried by roll call 151 vote (6-0) to adjourn the Village Board meeting at 8:39 p.m. 152 VB Agenda Packet 11/11/2025 Page 3 of 88 153 154 Res pectfully submitted, 155 156 157 Sara A. Bruckman 158 Village Clerk Treasurer 159 160 161 VB Agenda Packet 11/11/2025 Page 4 of 88 A meeting and public hearing of the Fox Point Village Board was held by a combination of in-person and virtual attendance via telephonic and video conferencing on Monday, October 20, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President Symchych called the meeting to order at 5:00 p.m. and asked the Village Clerk Treasurer to take roll call. Roll Call of the Village Board present included: Village President Christine Symchych Trustee Greg Ollman Trustee Liz Aelion Trustee Jennie Stoltz Trustee Freedman - absent Trustee Miller Trustee Barry Also, present were Acting Village Manager Chris Freedy, Assistant Village Manager Kevin Ausman, Village Clerk Treasurer Sara Bruckman, Public Works Director Scott Brandmeier Notice of the meeting was provided to the North Shore Now 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). Consultant Firm Presentations for Interim Village Manager/Village Manager search. The Village Board will hear presentations from five consultant firms in this order; each allotted approximately 20 minutes. 1 Public Administration Associates LLC 2 Strategic Government Resources 3 Innovative Public Advisors 4 McMahon 5 MGT CLOSED SESSION a. Motion made by President Symchych, seconded by Trustee Ollman, to convene into closed session at 6:28 p.m., Pursuant to State Statutes Sections: 19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; more specifically to discuss hiring of the Interim Village Manager proposed by each hiring consultant firm. The Village Board invited the Police Chief/Acting Manager, Assistant Village Manager, Clerk Treasurer and Director of Public Works to attend individually one at a time. Trustee Ollman Aye Trustee Aelion Aye Trustee Stoltz Aye Trustee Freedman Absent Trustee Miller Aye Trustee Barry Aye President Symchych Aye VB Agenda Packet 11/11/2025 Page 5 of 88 Carried by roll call vote (7-0). RECONVENE INTO OPEN SESSION Motion made by President Symchych, seconded by Trustee Ollman and carried by roll call vote (6-0), to reconvene into open session at 8:00 p.m. Selection of hiring consultant firm. Motion made by President Symchych, seconded by Trustee Aelion and carried by roll call vote (6-0), to authorize the Village President, Acting Village Manager and Village Attorney to proceed as discussed in closed session. Appointment of Interim Village Manager Motion made by President Symchych, seconded by Trustee Barry and carried by roll call vote (6-0), to authorize the Village President, Acting Village Manager and Village Attorney to proceed as discussed in closed session. Consideration and Possible Action Concerning Process for filling the role of Village Clerk/Treasurer. No action was taken on this item; no closed session was held. ADJOURNMENT Motion made by President Symchych, second by Trustee Miller, and carried by roll call vote (6-0) to adjourn the Village Boar d meeting at 8:16 p.m. Respectfully submitted, Sara A. Bruckman Clerk Treasurer Published and Posted , 2025 VB Agenda Packet 11/11/2025 Page 6 of 88 A meeting of the Fox Point Village Board and Budget Workshop meeting was held by a combination of in-person and virtual attendance via telephonic and video conferencing on Monday, October 27, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. President Symchych called the meeting to order at 5:00 p.m. and asked the Village Clerk Treasurer to take roll call. Roll Call of the Village Board present included: Village President Christine Symchych Trustee Greg Ollman Trustee Liz Aelion Trustee Jennie Stoltz Trustee Mark Freedman - Absent Trustee David Miller Trustee Max Barry Also, present are Acting Village Manager/Police Chief Chris Freedy, Assistant Village Manager Kevin Ausman, Public Works Director Scott Brandmeier, Accounting Financial Manager Mary Carthell, Deputy Financial Manager Kestra Neuenschwander and Village Clerk Treasurer Sara Bruckman Notice of the meeting was provided to the North Shore Now 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). Appointment of Sara Bruckman to Village Clerk to serve as a casual part-time employee. Motion by President Symchych, seconded by Trustee Miller, and carried by roll call vote (6-0), to appointment Sara Bruckman to Village Clerk to serve as a casual part-time employee until her final resignation is submitted. Budget Workshop: Review and Discussion of the 2026 Village of Fox Point Proposed Budget Acting Village Manager Chris Freedy presented the Village Manager’s proposed FY 2026 budget. Adjourn On motion of Trustee Ollman, seconded by President Symchych and carried unanimously by roll call vote, (6-0), the Village Board adjourned the Village Board meeting at 7:27 pm Respectfully submitted, Sara A. Bruckman Village Clerk Treasurer Published and Posted November, 2025 VB Agenda Packet 11/11/2025 Page 7 of 88 VB Agenda Packet 11/11/2025 Page 8 of 88 VB Agenda Packet 11/11/2025 Page 9 of 88 VB Agenda Packet 11/11/2025 Page 10 of 88 VB Agenda Packet 11/11/2025 Page 11 of 88 VB Agenda Packet 11/11/2025 Page 12 of 88 VB Agenda Packet 11/11/2025 Page 13 of 88 VB Agenda Packet 11/11/2025 Page 14 of 88 UPRR REMS Project 509820 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Estimate: $15,000.00 THIS REIMBURSEMENT AGREEMENT ( Agreement) is made and entered into as of the Effective Date , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and VILLAGE OF FOX POINT, WISCONSIN (Agency). RECITALS A. Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project). B. The Project will affect Railroad's track , right of way , or operations at or near the Project area more particularly described on Exhibit A. C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement and any federal regulations. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third -party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto ( PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance , or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk. 2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third -party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. After completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third -party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitt ed for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. VB Agenda Packet 11/11/2025 Page 15 of 88 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications , and prepare material and force cost estimates for any Project related work performed by Railroad. 4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement ( C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No const ruction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is fi nalized and executed by Agency and Railroad. 5. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. 6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. 7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. VILLAGE OF FOX POINT, WISCONSIN UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Signature Chris Keckeisen Printed Name Printed Name Manager I, Industry & Public Projects Title Title VB Agenda Packet 11/11/2025 Page 16 of 88 Exhibit A Project Description and Location Project Description The Village of Fox Point, Wisconsin, proposes a crossing surface extension to accommodate pedestrian path near the location referenced below. Location Shoreline Subdivision DOT Crossing Type Milepost Street Name 180106P Public 103.37 East Bradley Road VB Agenda Packet 11/11/2025 Page 17 of 88 Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following: • Field diagnostic(s) and inspections • Review of construction documents (plans, specifications, etc.) • Project design • Preparation of Project estimate for force account or other work performed by the Railroad • Meetings and travel VB Agenda Packet 11/11/2025 Page 18 of 88 Exhibit C Billing Contact Information Name Scott Brandmeier Title Director of Public Works Address 7200 North Santa Monica Boulevard, Fox Point, WI 53217 Work Phone (414) 351-8900 x 6624 Cell Phone Email sbrandmeier@villageoffoxpoint.com Agency Project No. VB Agenda Packet 11/11/2025 Page 19 of 88 VB Agenda Packet 11/11/2025 Page 20 of 88 VB Agenda Packet 11/11/2025 Page 21 of 88 VB Agenda Packet 11/11/2025 Page 22 of 88 VB Agenda Packet 11/11/2025 Page 23 of 88 VB Agenda Packet 11/11/2025 Page 24 of 88 VB Agenda Packet 11/11/2025 Page 25 of 88 VB Agenda Packet 11/11/2025 Page 26 of 88 VB Agenda Packet 11/11/2025 Page 27 of 88 VB Agenda Packet 11/11/2025 Page 28 of 88 VB Agenda Packet 11/11/2025 Page 29 of 88 VB Agenda Packet 11/11/2025 Page 30 of 88 VB Agenda Packet 11/11/2025 Page 31 of 88 VB Agenda Packet 11/11/2025 Page 32 of 88 VB Agenda Packet 11/11/2025 Page 33 of 88 VB Agenda Packet 11/11/2025 Page 34 of 88 Document Number CONDITIONAL USE ORDER Document Title Village of Fox Point 7200 N. Santa Monica Boulevard Fox Point, WI 53217 CONDITIONAL USE ORDER: GRANT Pickleball Courts April 9, 2024 Petitioner: The Town Club FINDINGS OF FACT1 1. On or about November 20, 2023, the Petitioner submitted an application for a conditional use permit to the Plan Commission to construct eight (8) pickleball courts on the property pursuant to Section 745-20 of the Village Code, and after the Village advised Petitioner to submit a request, pursuant to Section 745-10 of the Village Code. 2. Pursuant to Sections 745-10(F) and 745-20(B)(1) of the Village of Fox Point Zoning Code, the Petitioner’s application included all required materials, and the filing fee required by Chapter 63 of the Village of Fox Point Code was paid at the time of filing the application. 3. At its December 4, 2023 meeting, the Plan Commission studied the Petitioner’s application, and considered the four standards in Section 745-20(B)(2) of the Village of Fox Point Zoning Code, which are as follows: (a) Appropriate in the location proposed; (b) Compatible with the neighborhood; (c) Not detrimental to the property values of surrounding property; and (d) In keeping with the residential character and quality of the Village. 4. Based on information presented at the December 4, 2023 meeting of the Plan Commission, the Plan Commission found that the standards of Section 745-20(B)(2) of the Village of Fox Point Zoning Code have been met, and pursuant to Section 745-20(B)(7) of the Village of Fox Point Zoning Code, recommended the Village Board conditionally approve the conditional use permit with an amendment to the language of the conditional use order 1 To the extent that findings of fact shown herein represent conclusions of law, these shall be deemed to be conclusions of law. To the extent that conclusions of law shown herein represent findings of fact, these shall be deemed to be findings of fact. The heading under which the statements are made shall not be controlling. Recording Area Name and Return Address: Eric J. Larson Municipal Law & Litigation Group, S.C. 730 N. Grand Avenue Waukesha, WI 53186 Tax Identification Number: VB Agenda Packet 11/11/2025 Page 35 of 88 adding that the continued use of tennis be allowed; and that the addition of sound reduction screens (“sound screens”) be used to reduce the sound by 50% when at full capacity. 5. Pursuant to Section 745-20(B)(4), the Village Board scheduled a public hearing on the Petitioner’s application. 6. Upon publication of the required “Notice of Public Hearing” and mailing of said “Notice of Public Hearing” to all parties-in-interest as required by Section 745-20(B)(5) of the Village of Fox Point Zoning Code, & Wisconsin Statutes Sections 61.35 & 62.23(7)(de), the Village Board held a public hearing on January 9, 2024, as required by Section 745-20(B)(6) of the Village of Fox Point Zoning Code. 7. The purpose of the scheduled Public Hearing was to consider said application. 8. Residents Amy Barth and Kevin King provided letters in opposition to the proposed use that were incorporated into the record. Ms. Barth’s letters included videos from her property which highlighted the amount of noise coming from The Town Club’s current property, as well as articles from the New York Times and NPR which discuss the noise problems resulting from pickleball. These videos and articles were included as part of the record. The New York Times article states that pickleball whacks from 100 feet away can reach 70 dBA, that the high pitch of the hard paddle striking a plastic ball and the erratic rhythm of the smacks contribute to the annoyance of the sound, and that new paddles and balls designed to dampen noise have had marginal uptake among players. 9. Several residents spoke at the Public Hearing, with some expressing support and others expressing concerns about the proposed use. (a) Amy Barth, 7815 N. Boyd Way, spoke in opposition of the application at the public hearing due to the noise caused by pickleball, and the frequency and duration of the noise. (b) Kevin King, 7805 N. Boyd Way spoke in opposition due to the frequent noise that he said would result from the pickleball courts. (c) Brian Hartnett, 7801 N. Boyd Way spoke in opposition due to the noise, and the disruption that he said will be caused by the lights at the court. (d) Paula Rivet, 7957 N. Fairchild Rd., spoke in opposition due to the noise caused by the courts, asserting that the frequency of noise is similar to garbage trucks. Ms. Rivet also raised concerns of the proposed hours the courts will be open. (e) Stephen Spadafora, 7731 N. Club Circle, spoke in support of the proposed use, stating that pickleball is a growing sport and this will provide further courts in the Village. (f) Sara Koehn, 7901 N. Santa Monica Blvd., spoke in support of the proposed use, noting that the courts will provide a social hub, will attract growing families, and the proposed sound screen shows the Petitioner is mindful of their surroundings. VB Agenda Packet 11/11/2025 Page 36 of 88 (g) Andrew Roberts, 413 E. Appletree Rd., spoke in support of the proposed use. (h) William Stalle, 7342 N. Longacre Rd., spoke in support of the proposed use, stating that it provides a place for community members to gather and play sports. (i) Vice President Peter Klug, Representative of The Town Club, 7950 N. Santa Monica Blvd., spoke in support of the proposed use. He noted that the Petitioner will keep the exact same footprint, and with the sound screens, the sound will be reduced to an acceptable level, and that there will be no lights, so pickleball will only be a daytime activity. (j) Peter Coffey, 6618 N. Barnett Ln., spoke in support of the proposed use, noting that similar uses around the Village, such as the Fox Point Municipal Pool, are louder than this proposed use. 10. The Village Board closed the public hearing and discussed the matter. 11. On or about February 27, 2024, the Village Board met to deliberate, after which by motion duly adopted, the Village Board re-opened the public hearing to allow receipt of additional testimony and evidence. On or about March 12, 2024, the Village Board referred the Petitioner’s proposed use to the Plan Commission for consideration of the outdoor recreational facility and use per Section 745-10(F)(1) of the Village Code. The Plan Commission considered the matter at their meeting of April 1, 2024, and recommended in favor of the application, provided that a review of the use after one year be conducted with a determination made at that time whether the use meets the standards in the ordinances, or if further noise mitigating measures are necessary. Upon all due notice, the Village Board conducted a continued public hearing of the matter on April 9, 2024 to consider the Plan Commission’s recommendation made pursuant to Section 745-20 of the Village Code. 12. The Village Board received numerous letters and written documents, which were included in the Board packet and have been received and form a part of the record, including: (a) In Paragraph 3.b. of an April 9, 2024 email from Kim Brier, 7723 N. Boyd Way addressed to the Village Board members, she noted: “According to professor Sakar or (sic) George Washington University who studies PB strikes says: it is Not equivalent to tennis, it has a higher noise impact with in excess of 70 decibles (sic)@ 00 ft away. In most communities with a noise ordinance enforced, the norm is 55 db before considered a nuisance.” (b) In Exhibit F of an April 1, 2024 email from Amy Barth, 7815 N. Boyd Way addressed to the Village Board members, she describes an ordinance adopted by the Centennial City Council on September 19, 2023 which, among other things, lists the following: “Permanent Outdoor Courts can create no more than 47 decibels at the nearest residential property line” VB Agenda Packet 11/11/2025 Page 37 of 88 In the same email, Exhibit A included a chart that lists approximate decibel levels for various sounds, and lists pickleball at 70 dBa and city sounds at 55 dBa. (c) In the fifth paragraph of a February 11, 2024 email from David Miller addressed to Village Board members, he states: “If Petitioner is to be granted a permit, a maximum allowable decibel level for a windscreen, as determined by an independent, qualified engineer, should be specified as a Condition in the Order to eliminate the ambiguity of this condition. Fifty decibels is the level for normal conversation, and should be considered as the maximum allowable decibel level, since this is what neighbors in residential areas are typically exposed to.” (d) A June 30, 2023 New York Times Article “Shattered Nerves, Sleepless Nights: Pickleball Noise Is Driving Everyone Nuts” states: “For answers, many have turned to Bob Unitich, 77, retired engineer and avid pickleball player, who became one of the foremost authorities on muffling the game after starting a consulting firm called Pickleball Sound Mitigation. Unetich said that pickleball whacks from 100 feet away could reach 70 dBA (a measure of decibels), similar to some vacuum cleaners, while everyday background noise outside typically tops off at a “somewhat annoying 55.” (e) Exhibit 5 of a March 20, 2024 letter from The Town Club’s Attorney, Chris Jaekels, included a link to a document that stated the following on page 8: “Readings were recorded with the meter at 50 feet from the point of impact. In the first case, the reading was even taken through the sound curtain next to a nearby home at a point 42 feet from the sound curtain. The paddle was 8 feet inside the court for a total of 50 feet. The second set of readings was recorded inside the court at a distance of 50 feet from the point of impact. With no sound curtain, readings ranged from 64.2 to 71.8 decibels for an average of 68 decibels. Through the Acoustifence sound curtain, the meter readings were between 54.7 - 59.2 decibels for an average reading of 56.7 decibels. The report concluded that an 11.3 decibel reduction in sound was achieved. This represents more than a 50 percent reduction in sound as perceived by the human ear by nearby homeowners.” These levels were recorded based upon a single player hitting a single ball, one at a time. (f) In an article entitled “Pickleball Sound 103 – Mitigating Pickleball Sound – Is Pickleball Compatible with Residential Environments?” presented at Noise-Con 2023, the article made the following recommendations regarding recommended noise ordinances: VB Agenda Packet 11/11/2025 Page 38 of 88 “A recommended noise limit for pickleball has been established based on an average LAFmax from several measurements and the background sound level. When the background sound level is below 47 dBA, the limit is an average of 50 LAFmax. The average LAFmax comes from 4 individual LAFmax measurements of 60 seconds each. When the background sound level is above 47 dBA, the limit is LAFmax = background sound + 3 dB. This variable limit accounts for the presence of high background sound. This limit has been successfully used to quantify sound from pickleball, to evaluate the risk of pickleball noise complaints, to perform site studies for pickleball courts, and to evaluate the effectiveness of pickleball sound mitigation strategies.” Further, the same article made the following recommendations for estimates in the distance from courts to avoid complaints: “Table 1 – Estimates of the minimum distance in feet from courts to avoid pickleball complaints (1) Background sound (dBA) 45 dBA 50 dBA 55 dBA 60 dBA Distance (ft)– no mitigation 977 687 377 202 Distance (ft)– 10 dB mitigation 292 202 103 48 Distance (ft)– 20 dB mitigation 77 48 17 1 (1) The distances in Table 1 are based on standard sound attenuation with distance. Variations in sound attenuation with distance occur due to wind direction and speed and to atmospheric refraction. The temperature profile above the ground can bend the sound waves upward or downward (6). This can result in increases or decreases in these minimum distances.” 13. Several residents spoke at the Public Hearing on April 9, 2024, with some expressing support and others expressing concerns about the proposed use. (a) Chris Jaekels spoke in favor of the application, as the legal counsel for the Town Club. He said the former tennis courts were used since 1973, and have been used as pickleball courts for 3 years. He noted that the Plan Commission recommended in favor of the proposed use twice. The Town Club has done everything that they have been asked to do. The Town Club has provided a thorough record. The Village itself has run its own pickleball courts, at Longacre and Indian Creek, and has received no complaints. He argued that it appears to be a double standard because the Town Club has been asked to do more than the Village itself has done. The 4 standards of the F- District ordinance, Section 745-20(B)(2) of the Village Code have been met. In addition, the standards in the outdoor recreational ordinance, Section 745-10 of the VB Agenda Packet 11/11/2025 Page 39 of 88 Village Code have been met. The Plan Commission found the standards of both ordinances have been met. The Town Club has agreed to add sound attenuating devices. They are also willing to accept a 1-year review of the Conditional Use Order. The Town Club has filed written materials to support their position. Further, a submittal from a resident, which was not drawn to scale, and not appropriate to focus only on the opinion of those who reside within 500 feet was not persuasive. The submittal is not appropriate for this facility that has a long history in this location in the Village. Ultimately, The Town Club requests that the permit be granted with these conditions that have been agreed upon. (b) Roy Wagner testified that he is a member of the Town Club, and spoke in favor of the application. Recreational outlets are important in the Village. The Club is located on the East Side of Santa Monica. He noted that it’s not really residential, it’s mixed use. This has been an appropriate place for non-residential uses for years. Outdoor recreation has been done on this location for 70 years. This is where the Village wants these activities. The Club has used this location for tennis, and for the past 3 years has used it for pickleball. Based upon the Village’s standards: pickleball is not a nuisance. The Village itself conducts this activity, so it cannot be a nuisance. He is not aware of any appraiser who has said that there will be reduced property values. (c) Brian Hartnet testified that he has been a resident for 25 years. Two of the Village’s ordinances are applicable to this use. Village Code Section 579-2(A)(3): keeping an animal which, by frequent howling, whining, yelping, barking, meowing, or otherwise in the area which causes serious annoyance or disturbance to the area. Another Village Code Section, 670-2: Loud and unnecessary noise. Tennis and pickleball are different, it’s a harder noise. This is a year-round sport. The balls in the winter may be louder. He does not want to prevent this entirely, but he wants a guarantee that he can sit on his patio and not be disturbed by this activity. (d) Jim Gray testified that he has lived in the Village for 30 years. He has not heard a goal for a sound pressure level. Can’t quantify it. The Village needs to create a quantifiable goal. (e) Steve Check. One of the people at Plan Commission said the pickleball was used only 3 to 5 hours per week. This is the first club in the North Shore that is adding pickleball in a residential neighborhood. Brian Hartnet’s house is 80 feet from the pickleball court, based on Google Maps. The Fox Point courts are 200 feet from residences. If 8 courts are added, they could have 32 people that could be playing. He would not like that in a backyard. Go look at how close this is to Brian Hartnet’s house. This would mitigate the enjoyment of their house. None of the Town Club members are close neighbors. (f) Mike Widdle testified in opposition. The trains and tracks that are also close to these residences are not relevant. Tennis and pickleball are not comparable in terms of sound. To say that they previously played on these courts is not relevant to the leagues, classes, and 8 courts proposed. The exhibits for the proposal fail to address the details of the operation. The 50% reduction is not a meaningful measurement by itself. The more relevant measurement is the decibel level. Pickleball because of its VB Agenda Packet 11/11/2025 Page 40 of 88 high pitch is likely more of an annoyance. Should use a dBA standard that would apply to this activity. (g) Scott Allerton testified, saying he has been a resident for 18 years. He lives 4 houses west of the swimming pool. When purchased it, they were aware of the pool. He speaks in favor of the application. The courts are used from 8 a.m. to dusk, with a lot of activity on the courts. Pickleball is an evolving sport. Another consideration is that the technology is evolving to reduce the noise levels. (h) Debra Widdle testified in opposition. She lives right across the street, and can see the pickleball courts. She does a lot of gardening in the yard. How will she be able to garden with all of the noise? The current use is not all the time, it is not all day, it is not tournaments. There will be constant traffic, constant people, and noise. There will be additional noise from audience members. The constant dawn to dusk is a problem. She noted she was also offended by only sending notices to people directly to the front and to the side. Where was the Village using as the point of where to notify? The hours of use need to be restricted. They need the noise barrier to be constructed. Why not put it on the North side? (i) Kim Brier testified. The game has increased 233% in popularity. That increase in popularity explains the lack of complaints. This use would disrupt the neighborhood. Sound barriers can help. For noise, 55 decibels is a nuisance. Houses should not be within 900 feet. There is a negative impact on property values. Eight courts, 32 people playing, all day – it will have adverse impact. She wants peace and quiet. No plans to include sound engineering firm. (j) Kevin King testified in opposition. His yard is within 100 feet, and the fact of the railroad tracks in between does not do anything. The train is twice a day, pickleball is much more frequent. (k) Amy Barth testified in opposition. Pickleball more than 100 feet, require 1 or more sound barriers. Those within 500 feet are the ones affected. The proposal is for thirteen hours a day, which is not realistic. Sound study was found not compatible, even right next to a freeway. The nets need to block line of sight, and cannot do that to second story residences. People have a right to use their property. Object to the characterization of the enjoyment of property not being measurable. Recently have started complaining. People have been bringing their own speakers. Should do a sound study before they are built. (l) Bill Ford testified in support of the proposal. The Village has to look at everything. There are 173 Town Club members. Town Club is a benefit to the Village and the community. The Town Club is also an employer for youth in the area. The Town Club tries to be a good neighbor. The Town Club will just be doing what it has done for the past 3 years. The facts do not support the idea that this will be a nuisance. (m) Aaron Ginser testified in opposition. He is an emergency medicine worker. When thinking of a community sport as noisy as this, that will affect happiness, need to VB Agenda Packet 11/11/2025 Page 41 of 88 take that into account. Knowing some of the people here, the fact that they have not made complaints, is more of a reflection of the people than it is of the noise. (n) John Hughes spoke in opposition. Pickleball is not a racket sport. The Town Club is cherry picking the data. No notification was put out 3 years ago. Even today, did not notify people within 100 feet. Believe the number should be 1,000 feet. The Town Club is not generating revenues in amounts to offset the lost property values. You have to get decibel levels. Pickleball is a nuisance. Common sense says it will reduce property values. (o) Tammy Vincent spoke in support of the Town Club proposal. She chose to live in Fox Point because she loves the neighborhood feel. She loves the neighborhood and the sounds of a neighborhood. Outdoor recreation is part of being in a neighborhood. (p) Adam First spoke in support of the proposal. He moved to Fox Point in 2019, and joined Town Club in 2023. The resurfacing project is a safety issue, to make the courts safe to use. Pickleball is a lifetime sport, that is multi-generational. He supports the proposal, especially for the older members, who may not be able to use a tennis court due to its size. The hours of 8 a.m. to dusk does sound daunting, but the members will not actually use them for all of those times. (q) Peter Coffee spoke in favor of the application. Previously heard about complaints, but in fact no complaints had been made. There is noise in the Village – Harley Davidsons, snow blowers, leaf blowers, all make noise. The job of the Village Board is to decide whether the standards are met. There are courts in multiple locations, with no complaints. There cannot be two standards, one for the Town Club, another for the Village. (r) Kaitlin Torres spoke in favor of the application. This is a community. She moved back to the Village knowing that she wanted a suburb environment. Activity outdoors is a good thing. She loves the noise of the recreation. Community is where suburbs come in, and the Town Club is part of the community. The staff keep it up, and make sure the members are being respectful. One hundred percent support it. Town Club has been here, and will be here. (s) Steve SpediforeSpadafora spoke in favor of the application. He lives about 3 blocks from the Town Club. His whole family of 5 are avid pickleball players. He is concerned about the double standard being applied to the Town Club. He said he loves to hear the sounds of summer. Noise can’t be the issue, otherwise it would not exist at the other two Village locations. These courts were put in, in 1972. The kids tennis program has kids from 9 to 3 all summer. The Town Club is good for the Village. In the last 3 years, abutting property value increased 33%. (t) Jeane Hartnet spoke in opposition. She has lived in the closest home to these courts for 24 years. The courts would be 80 feet from their back yard. Jeane provided quotes from reports in other States. Sound experts recommend the courts be at least 550 feet from residential property. She said pickleball can lead to numerous physical VB Agenda Packet 11/11/2025 Page 42 of 88 and mental health impacts. She is retired and on a fixed income. She can’t afford to take a loss of value on her home. She said that the Town Club is stealing from them. (u) Ann Saxie testified in opposition. She lives directly across from the Town Club. She believes the Club is noisy all the time. In the past the Town Club was quiet at night. People are there before 8 a.m., and until 1:00 a.m. She has called the police at times in the past. Over the years, the Town Club believes it is privileged, and does not have to adhere to the standards that the rest of the Village does. The noise will not stop just because the sun goes down. They will clog Santa Monica, which is a problem for emergency vehicles. (v) Joanne Ginster testified in opposition. She has lived behind the Town Club, for the past 20 years. She has an 87 year old neighbor, and is opposed, not to the Town Club but to pickleball. She will be about 150 feet from it. Tennis doesn’t bother her. But the devaluation of the properties is a big deal. Even a noise barrier there will not stop the noise. Pickleball courts are the wrong way to go for this community. (w) Evan Bretsman spoke in opposition. He said he agrees with Amy Barth’s submittal materials. Experts say the courts should be more than 550 feet from homes. His house is 310 feet from the pickleball courts. It’s not just the decibel levels, it’s the sharpness of the noise. Pickleball is louder. The loud Town Club people have no regard for the neighbors. He is concerned about disruption of sleep of young girls. They can’t build a noise barrier. He does not have a summer house to go to, to escape the noise. Pickleball generates noise pollution. The Board should draw a line, and not let noise pollution diminish the property value of the neighbors. (x) Hillary McCabe, resident since 2013, spoke in favor of the application. Pickleball creates noise, but champion the good neighbor that the Town Club is. They are taking the feedback into consideration. Recognize the noise, but also the health benefits. The Town Club is good for the Village. (y) Nick Ansay testified to say that the noise is annoying. The screaming can be too much. That should be mitigated. (z) Attorney Jaekels clarified that there are currently 6 courts, and only play during daylight hours, 5 months per year. 14. Trustee Fonstad noted that a representative of The Town Club stated at the Plan Commission meeting that The Town Club has used the tennis courts in question for pickleball for the last two or three years and had received no complaints or issues regarding noise. As part of the proposed use, the Town Club intends to maintain the Arbor Vitae, and it intends to install sound screens to further decrease potential sound from the proposed use. 15. The Village of Fox Point is a primarily a residential community. The mission of the Village of Fox Point is to protect and enhance the quality of life of its residents by providing cost-effective, efficient, and innovative services, preserving and maintaining VB Agenda Packet 11/11/2025 Page 43 of 88 Village neighborhoods and public amenities, fostering community pride and spirit, and encouraging active citizen participation. 16. The location of the proposed pickleball courts is adjacent to residential neighborhoods. The noise caused from pickleball will create disruptions, diminish these residents’ ability to enjoy their property, and lower the overall quality of life of these neighborhoods unless effective measures are taken to reduce the volume and duration of noise from pickleball. 17. The Plan Commission’s finding, based on information presented at its December 4, 2023 meeting, that the standards were met is not binding of the Board. The Board must make its own determination as to whether the standards are met. 18. The Village Board finds that with the conditions set forth in this order, and if the Petitioner, at the Petitioner’s sole cost and expense, engages a sound engineer to conduct a study and make recommendations to reduce pickleball noise to a decibel level of 50 - 55 decibels (50 - 55 dB), measured at the property line of any residential property, and with the implementation of the sound engineer's recommendations, limits the hours of operation, requires compliance with all other Village Ordinances, including the Village Noise Ordinance and Village Recreational Facilities Ordinance, the proposed use is appropriate in the location proposed, it is compatible with the neighborhood, it is not detrimental to surrounding property values, and is in keeping with the residential character and quality of the Village because these conditions will effectively eliminate any potential deleterious effects, and the proposed use will provide further recreational activities in the Village. 19. Given that pickleball is an entirely new activity in the Village, should the Village find it necessary to regulate pickleball in the future, those regulations will apply to pickleball courts in the Village including at The Town Club. 20. Ultimately, upon consideration of all of the information provided at the public hearing, the Village Board finds that the Petitioner has shown by substantial evidence that all standards of the Village of Fox Point Zoning Ordinance would be met if effective steps are taken to mitigate pickleball noise, and substantial evidence to the contrary has not been provided. CONCLUSIONS OF LAW2 1. Section 745-20(B)(2)(a) of the Village of Fox Point Zoning Code states the following standard the Village Board must consider in determining whether to grant a conditional use permit: Whether the proposed use is appropriate in the location proposed. Upon the substantial evidence presented and the foregoing Findings of Fact, the Village Board concludes that the Petitioner has met this standard, provided the conditions noted below are met. The Petitioner owns a recreational club that includes swimming pools, tennis courts, and paddle ball courts. The construction and use of pickleball courts is consistent with the other uses on the property, and is appropriate in the location proposed, provided the conditions noted below are met. 2 See footnote 1. VB Agenda Packet 11/11/2025 Page 44 of 88 2. Section 745-20(B)(2)(b) of the Village of Fox Point Zoning Code states the following standard the Village Board must consider in determining whether to grant a conditional use permit: Whether the proposed use is compatible with the neighborhood. Upon the substantial evidence presented and the foregoing Findings of Fact, the Village Board concludes that the Petitioner has met this standard, provided the conditions noted below are met. The Petitioner owns a recreational club that includes swimming pools, tennis courts, and paddle ball courts. The construction and use of pickleball courts is consistent with the other uses on the property, and is compatible with the surrounding neighborhood, provided the conditions noted below are met. The Petitioner will maintain the Arbor Vitae and install sound screens along the East, South and West sides of the pickleball courts to decrease any potential sound from the property to no more than 50dB. Further, with the exception of emergencies, no sound amplification equipment will be used on the pickleball courts, and the Petitioner’s hours for use will be limited to specific hours noted in the conditions below. 3. Section 745-20(B)(2)(c) of the Village of Fox Point Zoning Code states the following standard the Village Board must consider in determining whether to grant a conditional use permit: That the proposed use is not detrimental to the property values of surrounding property. Upon the substantial evidence presented and the foregoing Findings of Fact, the Village Board concludes that the Petitioner has met this standard, provided the conditions noted below are met. The Petitioner’s use will not be detrimental to the property values of surrounding properties because any deleterious effects will be minimized by the Arbor Vitae, and the sound screens which will reduce the noise to no more than 50dB, the prohibited use of sound amplification equipment, and the limited hours the pickleball courts can be used, provided the conditions noted below are met. 4. Section 745-20(B)(2)(d) of the Village of Fox Point Zoning Code states the following standard the Village Board must consider in determining whether to grant a conditional use permit: That the proposed use is consistent in keeping with the residential character and quality of the Village. Upon the substantial evidence presented and the foregoing Findings of Fact, the Village Board concludes that the Petitioner has met this standard, provided the conditions noted below are met. The Petitioner’s pickleball courts will provide further recreational activities to its property and residents of the Village. Recreational activities such as tennis, paddle ball, and pickleball are consistent with keeping the residential character and quality of the Village, as these activities increase the desirability of the Village and are ultimately a benefit to the quality of the Village, provided the conditions noted below are met. 5. Wisconsin Statutes Section 62.23(7)(de)2.b., states, in part: “The applicant must demonstrate that the application and all requirements and conditions established by the [village] relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence.” The Village Board finds that the Petitioner made the required demonstration in support of the application. 6. In 2006 the Village and the Petitioner entered into an agreement which allowed certain uses on what was then the parcel adjacent and to the south of the Subject Property. That agreement is unchanged and remains in effect. This current petition is being addressed by conditional use permit rather than agreement because of 2017 Wisconsin Act 67 which VB Agenda Packet 11/11/2025 Page 45 of 88 broadly defined conditional uses and imposed procedural and substantive limitations on local authority, which apply to this petition and have been followed in this matter. 7. This application has also been considered under Section 745-10 of the Village of Fox Point Village Code, concerning outdoor recreational areas and facilities. The Village Board makes the following conclusions in this regard: a. The game court is not located closer than 100 feet to an adjoining property line of a property in a residence district. b. Section 745-10(A)(1) of the Village Code states: “No such use shall be permitted in any case where it shall 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. Every reasonable effort shall be made to prevent such effect through control of lighting, attractive design and maintenance of structures, use of planting screens or attractive fences, careful placement on the site, and sensible regulation of use.” The Village Board finds that substantial evidence has been presented to demonstrate compliance with this standard, and insufficient substantial evidence has been presented to the contrary, subject to ongoing compliance with the conditions stated herein. c. Section 745-10(F)(4) of the Village Code states: “In acting on a request … the Plan Commission shall … also consider whether or not the proposed use is compatible with the area, is in keeping with the unique residential character of the community, and would result in substantial adverse effect upon surrounding properties.” The Village Board also must apply this standard per Section 745- 10(F)(5)(a) of the Village Code. The Plan Commission considered this at their meeting of April 1, 2024 and recommended that the Village Board find these standards to be met, provided that a review of the use after one year be conducted with a determination made at that time whether the use meets the standards in the ordinances, or if further noise mitigating measures are necessary. The Village Board finds that substantial evidence has been presented to demonstrate compliance with this standard, and insufficient substantial evidence has been presented to the contrary, subject to compliance with the conditions stated herein. THEREFORE, IT IS ORDERED AS FOLLOWS: CONDITIONS Commencing on the date hereof, a Conditional Use Order for the Subject Property is hereby granted, and the outdoor recreational facility use for pickleball is approved. The Conditional Use granted applies only to the use of the Subject Property as described below and shall continue in existence only so long as the conditional use is operated in compliance with these conditions. The Conditional Use is subject to initial and continued compliance with each and every one of the following conditions, restrictions and limitations. VB Agenda Packet 11/11/2025 Page 46 of 88 1. The Conditional Use approval is (including Site Plan/Plan of Operation (SPPO) approval) limited to the Petitioner for the property located at 7950 North Santa Monica Boulevard, Fox Point, Wisconsin 53217 for the following uses: construction and creation of pickleball courts, and all other currently lawfully existing uses on the subject property, including the use of tennis courts, in accordance with plans, documents, and specifications presented to the Village of Fox Point on January 9, 2024, which must comply with the Village Recreational Facilities Ordinance. 2. The Conditional Use approval is subject to the hours of operation for pickleball activities being restricted to: 9:00 a.m. to 6:00 p.m. 10:00 a.m. to 6:00 p.m. Monday, Wednesday and Thursday; 10:00 a.m. to 8:00 p.m. Tuesday and Friday; and 9:00 a.m. to 4:00 p.m. Saturday and Sunday. 3. The Conditional Use approval shall not be in full force and effect until such time as the Petitioner satisfies the following conditions precedent: a. Sound Engineer Study. The Petitioner shall engage a sound engineer to conduct a pickleball sound study and make recommendations to reduce the noise from pickleball to no more than 5055dB as measured at any residential property line, with a target of further reducing the noise to 50 dB as measured at any residential property line. The Petitioner shall submit the study and recommendations to the Village Manager. The study and recommendation shall be subject to the Village Manager’s approval. The Village Manager will report the matter to the Village Board. The Petitioner shall complete sound studies with the Petitioner’s compliance report (See paragraph 16). The Village retains the right to complete its own sound study at Petitioner’sits own expense. b. Landscape Plan. The Petitioner shall submit to the Village of Fox Point Village Manager a landscape plan including sound screening surrounding all of the pickleball courts designed to reduce the sound from the pickleball courts as defined aboveto no more than 50dB as measured at any residential property line, which incorporates the recommendations of the sound engineer. The plan shall depict the location of Arbor Vitae, or equivalent as approved by the Village Manager, which are required to be located along all west and south outer boundaries of the pickle ball courts to the extent practicable, and the east outer boundary to the extent allowed consistent with the existing railroad and utility rights of way, to screen the fence from the surrounding neighbors, along with a maintenance plan ensuring that screening vegetation continues in such locations for the duration of this conditional use permit. c. Sound Screens. The Petitioner’s plan must also include details of the proposed sound screens, which are subject to Village Manager’s approval, and are required to be installed and maintained for the duration of the conditional use permit to decrease sound coming from the property. The sound screens shall be depicted on the landscape plan. Should the sound screens become damaged or deteriorated they shall be replaced to ensure they remain as visually appealing VB Agenda Packet 11/11/2025 Page 47 of 88 and as effective as new for the duration of the conditional use permit, reasonable wear and tear excepted. 4. At no time shall the noise levels on the Petitioner’s property for the pickleball use exceed 50dB as measured from any residential property line. 5.4.The pickleball courts shall only be used from MayApril 1 through September 30October 31 of each year. 6.5.The Petitioner shall not install or use outdoor lights on the pickleball courts. 7.6.With the exception of emergencies (such as storm warnings), there will be no sound amplification system used on or near the pickleball courts. 8.7.The Petitioner shall inform the Village of any complaints Petitioner receives regarding pickleball from surrounding neighbors or other Village of Fox Point residents in Petitioner’s compliance report (See paragraph 16). 9.8.This approval is granted for the express conditions stated herein. Changes or alterations including, but not limited to, a change in use, premises, lands, or ownership of the property in question shall require a new Site Plan/Plan of Operation permit with all the zoning procedures at the time being followed. The allowed uses of the property must at no time be hazardous, harmful, obnoxious, offensive, or a nuisance by reasons of appearance, sound, dust, smoke, odor, or other similar factors. Any use not specifically listed, as permitted, shall be considered to be prohibited, except as may be otherwise specified herein. 10.9. The Petitioner shall keep the exterior condition of the premises in a neat and orderly condition at all times so the premises will not detract from neighboring premises. There shall be no outside storage of junk, debris, or other refuse materials within the property and all such materials shall be disposed of promptly and properly. 11.10. The Petitioner shall allow Village of Fox Point representatives to inspect the premises upon reasonable notice for the purposes of determining compliance with this approval. 12.11. The Petitioner shall obtain all required permits from the Village of Fox Point prior to commencing the pickle ball court construction work. 13.12. This conditional use permit is subject to the Petitioner acknowledging receipt of this Conditional Use Order and agreeing to comply with all conditions imposed in writing, prior to the conditional use permit being effective. 14.13. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Fox Point for all costs and expenses of any type incurred by the Village of Fox Point in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village of Fox Point for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these VB Agenda Packet 11/11/2025 Page 48 of 88 conditions. Additionally, any unpaid bills owed to the Village of Fox Point by the Subject Property Owner and/or Agent, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees or forfeitures owed to the Village of Fox Point must be paid on demand and prior to issuance of any permits and shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of the billing by the Village of Fox Point, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to Village of Fox Point, including possible cause for termination of the pickleball conditional use approval. 15.14. Uses previously approved for the Subject Property may continue. The Agreement and Plan of Operation dated November 30, 2006 between the Village and the Petitioner remains in effect and is unchanged by this Conditional Use Order. 16.15. The Petitioner shall be subject to review of the terms of this Conditional Use Order by the Village Board on the anniversary of the date the Conditional Use Order is granted. The Village Board may add additional pickleball sound attenuation measures or limited hours in the event the decibel levels have been substantially and continuously exceeded by the Petitioner. The Village Board may also add other reasonable conditions and restrictions on pickleball as necessary to ensure compliance with the standards of the ordinances and the terms and conditions of this Conditional Use Order. The Petitioner shall file a compliance report and petition for the one-year review at least 30-days prior to the annual review date. The Petitioner will be notified of the date of the review by the Village at least 60-days prior to the review date. Pursuant to this review and any Village Board action, Nno public hearing shall be required unless the Village Board, in its sole discretion, determines that a substantial change will be made which will adversely impact the surrounding properties. The Village Board may, from time to time, request a meeting with the Town Club to review the implementation of the Club’s pickleball sound study and pickleball sound management practices., in its sole discretion, will determine whether any subsequent annual review of the Conditional Use Order is required. 17.16. Other Conditions. a. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village of Fox Point ordinance or other law. b. This pickleball Conditional Use hereby authorized shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in VB Agenda Packet 11/11/2025 Page 49 of 88 writing by the Village of Fox Point Plan Commission as being in compliance with all pertinent ordinances. c. Should the permitted pickleball Conditional Use be abandoned in any manner, or discontinued in use for eighteen (18) months, or continued other than in strict conformity with the conditions of the original approval, or should the Petitioner be delinquent in payment of any monies due and owing to Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the Conditional Use may be terminated by action of the Village of Fox Point Plan Commission, pursuant to the enforcement provisions of this Conditional Use Order. d. Any change, addition, modification, alteration and/or amendment of any aspect of this pickleball Conditional Use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized herein, shall require a permit amendment or restated permit as set forth below and all procedures in place at the time must be followed. e. Unless this Conditional Use Permit expressly states otherwise, plans that are specifically required by this Conditional Use Order may be amended upon the prior approval of the Village of Fox Point Plan Commission if the Village of Fox Point Plan Commission finds the plan amendment to be minor and consistent with the Conditional Use Permit. Any change in any plan that the Village of Fox Point Plan Commission feels, in its sole discretion, to be substantial, shall require a restated permit for pickleball, and all procedures in place at the time must be followed. f. Should any paragraph or phrase of this Conditional Use Permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the Conditional Use and the remainder shall continue in full force and effect. g. If any aspect of this pickleball Conditional Use Permit or any aspect of any plan contemplated and approved under this Conditional Use is in conflict with any other aspect of the Conditional Use or any aspect of any plan of the pickleball Conditional Use, the more restrictive provision shall be controlling as determined by the Village of Fox Point Plan Commission. The Petitioner provided substantial evidence of meeting or agreeing to meet these conditions. There was insufficient substantial evidence from opponents to the contrary. Petitioner hereby acknowledges the conditions imposed by the Conditional Use Order and agrees to comply with all such conditions. [signatures on following pages] VB Agenda Packet 11/11/2025 Page 50 of 88 Dated this _____ day of _______________________ , 20___. THE TOWN CLUB _______________________________ (signature) ________________________________ (print name and title) STATE OF WISCONSIN ) ) ss. COUNTY OF MILWAUKEE ) Personally came before me on this ____ day of ________________ , 20_____, the above-named, ________________________________ , executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI Print Name: __________________ My Commission Expires: _______ VB Agenda Packet 11/11/2025 Page 51 of 88 Dated this ___ day of ________________ , 20___. VILLAGE OF FOX POINT ___________________________________ Christine Symchych, Village President Attest: ___________________________________ Sara A. Bruckman, Village Clerk STATE OF WISCONSIN ) ) ss COUNTY OF MILWAUKEE ) Personally came before me on this this ____ day of _____________ , 20_____, the above-named, Christine Symchych, Village President and Sara A. Bruckman, Village Clerk, executed the foregoing instrument and acknowledged the same NOTARY PUBLIC, STATE OF WI Print Name: __________________ My Commission Expires: _______ This instrument was drafted by Attorney Eric J. Larson Municipal Law & Litigation Group, S.C. 730 N. Grand Avenue Waukesha, WI 53186 VB Agenda Packet 11/11/2025 Page 52 of 88 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: Mitch Reynolds, Interim Village Manager Scott Brandmeier, DPW Director Date: November 11, 2025 Re: New Barons Brewing Cooperative – PWO Approval Overview New Barons Brewing Cooperative (NBBC) has applied for Port Washington Overlay (PWO) zoning approval at 8000 N Port Washington Road. The application under Section 745-22.5 would allow for an addition and adaptive reuse of the existing principal structure on the site to establish and allow a brewery with taproom operations. Background The former Northpoint Service Center is a vacant property which has been in a state of abandonment and underutilization, subject to code compliance enforcement, and for sale for periods of time in the last twenty years. New Barons Brewing Cooperative (NBBC) is a local brewery and taproom located in Bay View. John Degroote, a Fox Point resident and CEO, has been operating the Fox Point beer garden partnership with the Village since early 2022. Fox Point most recently updated its Comprehensive Plan (PDF) in 2021. Within the Comp Plan update, Economic Development along the Village’s commercial areas regarding redeveloping vacant properties along Port Washington Road were specifically identified. The Small Area Planning Study (PDF) in 2015 additionally identified feasibility of redevelopment at Port Washington and Bradley Road. To assist with the redevelopment of the Port Washington Road commercial corridor, Village Staff drafted the Port Washington Overlay Zoning District (PDF) which was adopted by the Village Board in January of 2025 as Section 745-22.5. Request The applicant is proposing to create a retail space and production facility for a Brewery/Taproom concept. The PWO allows Conditional Uses based off of the underlying zoning district, Section 745-18 D Business District (LINK), such as premises which sell alcoholic beverages, retail and service stores, restaurants, and other similar uses. The proposed adaptive reuse and building addition require PWO VB Agenda Packet 11/11/2025 Page 53 of 88 approval due to the flexibility in site orientation and setbacks which make the project feasible on the site. The brewery is a proposed adaptive reuse of the 1,671 sqft existing service station with a principal structure addition expanding to the north and west, adding retail area of 2,188 sqft. Parking for food truck service along the west façade of the new addition is provided for to allow for a rotating menu. Indoor seating and a serving area is proposed in addition to outdoor seating both adjacent to the taproom and in the grassy area near Bradley Road. Removable bollards will be placed along the pervious paved walking area to protect outdoor guests from automobile circulation in the parking areas. Process Section 745-22.5 (PDF) specifies the approval procedure for a PWO request. Following submission of a complete application, the request initially appears at the Village Board who shall refer to the Plan Commission. Once referred, the Plan Commission will study and investigate the feasibility of the project for appropriateness and desirability. The Plan Commission will then make a recommendation back to the Village Board who will hold a mandatory public hearing, including mailers sent to all properties within 500 feet of the subject property, prior to making a determination. Recommendation Staff recommends that the Village Board refer the Port Washington Overlay request to the Plan Commission per Section 745-22.5 of the Fox Point Municipal Code. VB Agenda Packet 11/11/2025 Page 54 of 88 October 22, 2025 John Degroote 6439 N Santa Monica Blvd. Fox Point, WI 53217 Village of Fox Point 7200 N Santa Monica Blvd Fox Point, WI 53217 RE: Petition to rezone 8000 N. Port Washington Rd. Fox Point, WI 53217 in accordance with Village Code Section 745-22.5, the Port Washington Overlay District & request for Plan Commission Approval Dear Fox Point Village Board: I am pleased to present you with this development plan for the parcel located at 8000 N. Port Washington Rd. The proposal is to create a retail space and production facility for a Brewery/Taproom concept. The project will improve upon existing infrastructure as well as introduce new construction on a prominent street corner in the village. Enclosed are renderings and details of this Taproom concept for your consideration. Per Ch 175-22.5 this proposal includes the materials needed to consider rezoning of the property. Please refer to the Village Plan Commission for review and let me know if you have any questions. Sincerely, John Degroote VB Agenda Packet 11/11/2025 Page 55 of 88 November 4, 2025 BREWERY & TAPROOM PROPOSAL 8000 N. Port Washington Rd. Fox Point, WI 53217 Prepared for: Village of Fox Point Plan Commission 7200 N Santa Monica Blvd. Fox Point, WI 53217 Prepared by: John Degroote Brian Wolff Johnd@newbaronsbrewing.com 314-705-0016 briarch@icloud.com 414-839-3040 6439 N Santa Monica Blvd. Fox Point, WI 53217 VB Agenda Packet 11/11/2025 Page 56 of 88 Brewery and Taproom Proposal 8000 N Port Washington Road Fox Point, WI 53217 Executive Summary Attached and enclosed is a comprehensive look at a proposed Brewery and Taproom concept for the village of Fox Point, located at the corner on North Port Washington Road and West Bradley Road. Fox Point serves as a prime spot for this concept. According to the Brewer’s Association Trade Group, Craft Beer has a core demographic of Millennials reaching middle age, living in the suburbs and starting families. Local school enrollment data suggest that Fox Point fits this profile and will continue to do so in the years to come. Additionally, hard data from the summer beer garden series located in the village shows that residents have a real interest in such products and services. Finally, Fox Point currently has limited to no options to fulfill this consumer need, implying that a project/development that meets this need could be successful. The proposed brewery will occupy existing infrastructure on the parcel, a former gas/service station of approximately 1,671 square feet. The proposed taproom will be new construction that will be built adjacent and around the north and west corners of the brewery, creating a retail space of approximately 2,188 square feet. From there, various pervious/impervious outdoor spaces, parking and landscaping will be constructed to compliment the facilities. Those details are the focus of this proposal. Proposing this project is Fox Point resident and entrepreneur, John Degroote, who fits the demographic described earlier in this summary and is passionate about bringing this concept to the neighborhood. John has a decade of experience managing and operating a brewery and has witnessed firsthand the community of residents eager for this type of business through the beer gardens he currently operates in the village. The intent of this project is to build something fun and unique for this community. Operations Plan The business will function in two main capacities. The first use of the premises will be to produce beer, or fermented malt beverages. This function of the business is not consumer facing and is planned to be conducted almost entirely when the adjacent consumer facing retail space (taproom) is closed. 2 employees are planned to be on site during these hours, including the site owner/operator. Roughly, hours will be 9 AM – 5 PM Monday thru Friday VB Agenda Packet 11/11/2025 Page 57 of 88 for these employees to produce beer. During these hours, the site will also take delivery of raw materials, collection of garbage and to receive shipping trucks for finished goods. Most other office and/or administrative work will be conducted during these hours as well. Site visits from professionals, contractors or solicitors seeking to do business with the establishment may occur during these times. The second main function of the business will be consumer facing and to provide a taproom experience in the proposed retail spaces of this document. The taproom hours and accompanying staffing are presented below. Employees are reasonably expected to arrive 30-45 minutes ahead of opening and to stay 30-45 minutes after closing for preparation, set-up, clean-up and closing duties. In the summer months, one additional employee may be added on the weekends (Friday, Saturday Sunday) to handle larger crowds and for the outdoor arrangements welcoming customers. They may be cut from work early at the discretion of staffing. Beer will be the main product served at this establishment, but the taproom will also be offering a full-service bar with wine and cocktails. The space has plans to be available for private rentals and special events as well. No food services will be offered directly by the business. However, arrangements with food trucks and/or local establishments are planned to have a semi-permanent presence at the premises to ensure food is available for patrons. In the summer months, outdoor crowds and attractions are expected. Live music, pop-up vendors and food trucks will be frequent. All outdoor attractions are planned to end no later than 11 PM. VB Agenda Packet 11/11/2025 Page 58 of 88 Assumptions and Description of Materials Per Section 745-22.5 PWO Port Washington Overlay District Subsection C of the village code, enclosed are the following materials to be considered by the Village Plan Commission and Board along with a summary and assumptions for each. C001- Existing Pervious/Impervious: Current site condition showing present topography and current pervious and impervious areas C002- Proposed Pervious/Impervious: Proposed site condition showing changes to pervious and impervious areas with proposed flow of storm drainage. All flow is to be directed either to the south of the site or to the west, preventing pooling in any one area. One exception is flow to the rear of the buildings on the northeast corner, which will be directed north and east. C003- Easements: Proposed site condition with updated setbacks from PWO overlay re-zone and from the overhead power line existing on the lot and confirmed by WE energies. Not shown are vertical elevations of power lines, which are currently about 20’. Screen shot from WE energies is below to confirm setbacks VB Agenda Packet 11/11/2025 Page 59 of 88 P001 - Site Plumbing: Reference the attached “Sanitary Plan Production Load” document regarding the brewing production assumptions (influencing the pink line). Sanitary and water service are also shown with pipe dimensions and description of connections to mainlines. E001- Site Photometric: Shows the proposed 8 light structures with Luminaire Schedule. The 5 single pole electric switch (S1) light configurations are mounted 12 feet above ground which will straddle the patio pavers that traverse the site from the southwest to the northeast. This provides lighting for customers on our patio in the evening hours. The 3 pole lights situated in the parking lot mounted 12 feet above ground are high output lights for customers to navigate the parking lot in the evening hours. Grid of footcandles superimposed in red show that outside property lines the proposed lighting doesn’t exceed 0.2 foot candles per village code Article IX sec 670-55. G301- Site Utilization: Proposed site condition showing square footage of facilities & outdoor arrangements - including grass/turf, parking lot and pervious outdoor patio/terrace areas. None of the outdoor areas are planned to be screened in. Some natural shading provided by the landscaping and/or with umbrellas will be implemented. A100 - Landscape Plan: Our outdoor areas will include native and noninvasive species. Aspen, Arborvitae and flower beds are called out in the drawing A101 - Architectural Site Plan: Assumptions for parking are laid out. With 5 stalls required by the village per 1000 square feet of indoor retail space exclusive of storage areas, our plan has a stall requirement of 10 stalls. While the total building is 3,859 square feet, production areas and storage account for 1,880 square feet of that, leaving 2,070 square feet leftover for assembly. Our proposal will always have 19 stalls available, with the option to create 3 more stalls for a total of 22 in the winter when the patio isn’t in use. During operation, we will need 2 of those stalls for Staff. Food trucks on site could also take 1-2 stalls at any given time. The 12 removable bollards planned for our patio are also called out in this rendering. These bollards slide into place on a concrete mount, are constructed with steel and can be padlocked into place. They are ~3 feet in height and made with thick gauge steel with an option to fill with concrete. A102 – Asphalt/Paver art Examples: A101 shows the proposed area(s) and pavers available for painting. Local artist(s) to be commissioned for the project. This may grow over time, phasing in and changing. Areas/pavers not painted could be available for kids to draw chalk on. VB Agenda Packet 11/11/2025 Page 60 of 88 A103 - Additional Parking: Showcasing the addition of 3 extra spots if/when bollards are removed at the discretion of the business. A104 - Site circulation: Proposed site condition highlighting access considerations. Food truck parking in the northwest corner of the site shows the suggested route food truck should take to back up into the designating landing area. Trash collection is also considered. Waste management, which services the Fox Point area, will have 2-yard commercial dumpster(s) on site with casters. Staff will be able to wheel these dumpsters from the service area on the northeast side of the lot, to the edge of the parking lot either just to the south of the existing infrastructure or to the west of the proposed taproom by the food truck landing. These routes are highlighted in the drawing. Finally, the driveways/entrances to the parking lot on both N Port Washington Road and Bradley Road are called out. Both are set at 24 feet across. Per the Milwaukee County Department of Transportation (MCDOT) the access from Port Washington must not exceed 24 feet unless by special written permission. The table below from MCDOT illustrates the driveway terms. MCDOT had no other comments on the site when showed the proposed site layout, with nothing pertaining to the easements or otherwise. As one last note, the removable bollards and removable patio furniture make vehicle pass through of the site possible in special circumstances, should the scenario or need arise. A201 - Floor Plan: Shows both the inside floor plan for the taproom and the production brewing area. The taproom shows the seating arrangements for the taproom, which has 11 bar seats and 54 table seats. The 2 bathrooms (one men’s, one women’s) have 2 stalls each. The walk-in cooler can be accessed from both the bar and the production area for ease of access for the staff. The vestibule entering the taproom will serve as a wind block for climate control, with two doors separating inside from out. The vestibule and part of the taproom will have line of sight to the production area via windowpanes for aesthetic value but cannot be accessed by customers. All exits and access points to the taproom are shown. VB Agenda Packet 11/11/2025 Page 61 of 88 The production area, meanwhile, highlights where the main stainless-steel tanks will reside. Adequate clearance of tanks that produce heat (located near the center of the production floor, labeled BK, HLT and MT) from the walls was considered. 6 fermentation vessels housing 10BBL each of beer will be under low pressure environments (less than 15psi) and range between 33- and 85-degrees Fahrenheit. A 6-inch-wide floor drain that will service those fermenters is shown as well. The boiler room on the eastern corner is projected to house a 10 HP low pressure steam boiler generating less than 400K BTU/hr. The bathroom on the southeast corner of the production area, can serve as a unisex bathroom for consumers outside to avoid a surplus of people having to walk through the taproom in warmer weather. The service area on the northeast corner of the taproom will serve as storage for dumpsters and as a landing for a 5x5HP 230V 3 phase pump and glycol chiller that will serve to keep fermentation vessels in the production area cold. A300 – Elevations: Heights above ground from the perspective of the south and west of the buildings are shown. Some information on the materials being used for the sides of the building and roof are lightly touched upon. A301, A302, A303 Perspectives: Multiple 3-D perspectives of the project for aesthetic and functional consideration. Summary of Financial Factors The current value of the real estate at 8000 N Port Washington Road sits at about $250,000 based off the value it was purchased at in 2023. Negotiations for the sale price of the property to the project organizers is ongoing. The existing infrastructure to be renovated as a production brewery space is projected to receive $480,000 in improvements. Additionally, a $920,000 investment in new construction for the taproom is proposed. Landscaping and special features including the patio, parking lot and outdoor gathering areas is currently valued at $620,000. This places the total anticipated development cost of the project at $2,020,000. VB Agenda Packet 11/11/2025 Page 62 of 88 VB Agenda Packet 11/11/2025 Page 63 of 88 W Bradley Rd N Port Washington Rd VB Agenda Packet 11/11/2025 Page 64 of 88 EXISTING PERVIOUS AND IMPERVIOUS NOT TO SCALE1 C002 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Existing Pervious / Impervious VB Agenda Packet 11/11/2025 Page 65 of 88 PROPOSED PERVIOUS AND IMPERVIOUS NOT TO SCALE1 C002 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Proposed Pervious/Impervious VB Agenda Packet 11/11/2025 Page 66 of 88 3 VB Agenda Packet 11/11/2025 Page 67 of 88 VB Agenda Packet 11/11/2025 Page 68 of 88 PROPOSED SITE LIGHTING NOT TO SCALE1 C003 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Site Lighting MENS WOMENS VESTIBULE BAR COOLER PROPERTY LINE CANOPY 2350 SF FVFV FVFV BOILER ROOM 107 SF OPEN OFFICE STORAGE 72 X 48 STORAGE 72 X 48 BASIN SINK BASIN SINK BASIN SINK BK CLT HLT MT FV FV FV FV FV FV SERVICE YARD Luminaire Schedule QTY TYPE MFR PART NUMBER LLF 3 OA4H Lithonia RSX1 LED P1 xxK R4 (volt) (mount) HS (finish) + POLE + BASE (12' OAH) 0.950 5 S1 Satco S8030 0.950 S1 MH:12 S1 MH:12 S1 MH:12S1 MH:12S1 MH:12 OA4H MH:12 OA4H MH:12 OA4H MH:12 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.5 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.7 1.6 1.1 0.7 0.3 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.5 0.6 3.0 2.6 1.8 1.1 0.4 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.2 0.2 0.3 1.0 1.4 3.4 4.1 3.3 2.2 1.1 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.3 0.3 0.3 0.2 0.2 0.2 0.9 2.2 3.2 6.6 4.8 3.3 1.9 0.8 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.1 0.1 0.2 0.2 0.3 0.4 0.4 0.4 0.4 0.3 0.3 0.4 1.2 2.8 8.2 7.6 5.2 3.2 1.3 0.5 0.3 0.2 0.2 0.3 0.5 0.4 0.3 0.2 0.1 0.0 0.0 0.1 0.1 0.2 0.3 0.4 0.5 0.6 0.6 0.5 0.4 0.4 0.5 1.0 3.3 7.1 6.6 4.5 2.2 0.8 0.4 0.3 0.3 0.4 0.8 1.2 1.0 0.7 0.3 0.1 0.0 0.1 0.1 0.2 0.3 0.4 0.5 0.7 0.7 0.6 0.6 0.5 0.5 0.5 0.9 4.3 5.0 4.4 3.1 1.2 0.6 0.4 0.3 0.4 0.7 1.6 2.1 1.9 1.3 0.3 0.1 0.0 0.1 0.1 0.2 0.3 0.5 0.6 0.7 0.8 0.9 0.8 0.7 0.6 0.5 1.9 3.6 3.6 3.0 1.7 0.7 0.4 0.3 0.4 0.6 1.4 2.5 3.1 2.9 1.4 0.1 0.1 0.0 0.1 0.1 0.2 0.3 0.5 0.6 0.8 0.9 0.9 0.8 0.7 0.6 0.7 2.0 2.6 2.7 1.9 0.9 0.5 0.3 0.3 0.5 1.1 2.6 3.7 4.1 3.7 0.6 0.2 0.1 0.0 0.1 0.1 0.2 0.3 0.5 0.6 0.8 0.9 0.9 0.9 0.8 0.6 0.9 1.4 1.6 1.7 1.1 0.5 0.3 0.3 0.4 0.8 1.9 4.2 5.6 5.9 3.3 0.6 0.2 0.1 0.0 0.1 0.1 0.2 0.3 0.4 0.6 0.7 0.8 0.9 0.9 0.7 0.7 0.8 0.9 0.9 0.9 0.6 0.4 0.3 0.3 0.6 1.3 3.2 5.3 7.6 8.0 2.2 0.8 0.2 0.1 0.0 0.1 0.1 0.2 0.2 0.4 0.5 0.6 0.8 0.8 0.8 0.7 0.7 0.6 0.6 0.5 0.5 0.4 0.3 0.3 0.4 0.8 2.0 3.6 5.6 7.6 4.1 2.3 0.8 0.1 0.1 0.0 0.0 0.1 0.1 0.2 0.3 0.4 0.5 0.6 0.6 0.7 0.7 0.6 0.5 0.4 0.4 0.3 0.3 0.3 0.3 0.5 1.2 2.5 3.5 4.7 5.1 2.1 1.3 0.4 0.1 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.3 0.4 0.5 0.6 0.6 0.6 0.6 0.5 0.4 0.4 0.4 0.3 0.3 0.4 0.7 1.4 2.3 3.2 3.5 1.0 0.8 0.5 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.3 0.4 0.5 0.5 0.6 0.6 0.6 0.5 0.5 0.5 0.4 0.4 0.4 0.6 1.1 1.6 2.2 1.3 0.3 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.3 0.4 0.5 0.6 0.7 0.9 1.0 0.8 0.7 0.6 0.5 0.5 0.4 0.5 0.7 1.0 0.9 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.4 0.6 0.9 1.4 1.8 1.6 1.2 0.9 0.7 0.5 0.4 0.4 0.4 0.5 0.5 0.3 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.4 0.6 1.1 1.9 2.7 2.9 2.4 1.7 1.0 0.6 0.5 0.5 0.5 0.4 0.4 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.7 1.3 2.7 3.7 3.9 3.8 3.0 1.4 0.5 0.5 0.6 0.6 0.6 0.5 0.4 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.4 0.7 1.5 3.1 4.7 5.9 5.6 4.6 1.9 0.6 0.5 0.6 0.6 0.6 0.6 0.5 0.4 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.7 1.5 2.7 4.2 6.5 8.1 7.4 2.3 0.8 0.5 0.5 0.5 0.6 0.6 0.5 0.4 0.3 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.2 2.3 3.3 4.5 6.5 7.4 3.3 1.7 0.7 0.4 0.4 0.4 0.5 0.5 0.4 0.4 0.4 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.6 1.2 2.2 3.2 4.0 3.2 2.2 2.0 1.0 0.4 0.2 0.3 0.4 0.4 0.4 0.4 0.4 0.0 0.0 0.0 0.0 0.1 0.2 0.4 0.9 1.6 2.1 0.9 0.7 0.8 0.7 0.3 0.2 0.3 0.4 0.4 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.5 0.6 0.3 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 E001 VB Agenda Packet 11/11/2025 Page 69 of 88 SITE UTILIZATION PLAN NOT TO SCALE1 G301 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Site Utilization VB Agenda Packet 11/11/2025 Page 70 of 88 ARCHITECTURAL LANDSCAPE PLAN SCALE: 1/16" = 1'-0"1 A100 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Landscape Plan PORT WASHINGTON RD BRADLEY RD (Non-Invasive Species) VB Agenda Packet 11/11/2025 Page 71 of 88 14 STALLS 3 STALLS 2 STALLS 3 STALLS ARCHITECTURAL SITE PLAN SCALE: 1/16" = 1'-0"1 A101 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Architectural Site Plan PORT WASHINGTON RD BRADLEY RD Parking 5 Stalls per 1,000 sf exclusive of storage areas -Total Building SF = 3859 -Total Storage (S2&S1) = 1880SF -Total Assembly SF= 2,070 SF -Total Stalls Req = 10+ Total Stalls Provided = 19-22 Stalls PAINTED PERVIOUS PAVER BIKE RACKS REMOVABLE BOLLARDS VB Agenda Packet 11/11/2025 Page 72 of 88 A102 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Asphalt / Paver Art Examples EXAMPLE OF THE 'CHALK WALK' (A PLACE FOR CHILDREN TO EXPLORE ART) EXAMPLE OF A PAINTED TERRACE EXAMPLE OF A PAINTED ASPHALT ROAD EXAMPLE OF PAINTED PAVER VB Agenda Packet 11/11/2025 Page 73 of 88 14 STALLS 3 STALLS 2 STALLS 3 STALLS ARCHITECTURAL SITE PLAN - ADDITIONAL PARKING SCALE: 1/16" = 1'-0"1 A103 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Architectural Site Plan - Additional Parking Parking 5 Stalls per 1,000 sf exclusive of storage areas -Total Building SF = 3859 -Total Storage (S2&S1) = 1880SF -Total Assembly SF= 2,070 SF -Total Stalls Req = 10+ Total Stalls Provided @ Max Capacity = 22 Stalls VB Agenda Packet 11/11/2025 Page 74 of 88 24' 24' VB Agenda Packet 11/11/2025 Page 75 of 88 MENS WOMENS VESTIBULE BAR COOLER CANOPY 2350 SF BOILER ROOM 107 SF OPEN OFFICE STORAGE 72 X 48 STORAGE 72 X 48 BASIN SINK BASIN SINK BASIN SINK BK CLT HLT MT FV FV FV FV FV FV SERVICE YARD / TRASH FLOOR PLAN SCALE: 1/8" = 1'-0"1A201 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Floor Plan VB Agenda Packet 11/11/2025 Page 76 of 88 ROMAN BRICK - PAINTED CHARCOAL GREY STOREFRONT GLAZING METAL PANEL MEDIUM BRONZE EXISTING ROMAN BRICK - PAINTED CHARCOAL GREY STANDING SEAM ROOF MEDIUM BRONZE STOREFRONT GLAZING ROMAN BRICK - PAINTED CHARCOAL GREY STANDING SEAM ROOF MEDIUM BRONZE SOUTH ELEVATION SCALE: 1/8" = 1'-0"1 A300 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Elevations WEST ELEVATION SCALE: 1/8" = 1'-0"1 2 VB Agenda Packet 11/11/2025 Page 77 of 88 VIEW FACING TERRACE SCALE: 1/8" = 1'-0"1 A301 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Perspectives SITE AERIAL VIEW FROM INTERSECTION OF PORT WASHINGTON AND BRADLEY VB Agenda Packet 11/11/2025 Page 78 of 88 VIEW FACING TERRACE SCALE: 1/8" = 1'-0"1 A302 Village Planning Approval Architect : Brian Wolff 7528 N Links Way Fox Point, WI 8000 N Port Washington Fox Point, WI 53217 TAP ROOM Date: 10/22/2025 Concept Documents for Village Review Perspectives VIEW OF OUTDOOR TERRACE AND CHALK WALK AREA VIEW FROM WEST SIDEWALK FACING TAP ROOM VB Agenda Packet 11/11/2025 Page 79 of 88 VIEW FROM BRADLEY ENTERING SITE FROM SOUTH VB Agenda Packet 11/11/2025 Page 80 of 88 PROPOSED BUILDING FFE = XXX.XX BUILDING / ALTERNATE BUILDING AREA3921.08 SQUARE FEET PROPOSED PERVIOUS VS. IMPERVIOUS AREAS SIDEWALK / PEDESTRIAN AREAS5123.13 SQUARE FEET PERVIOUS AREAS SQUARE FEETACRES 0.12 ACRES 0.09 ACRES AREA OF SUBJECT SITE (SWMP LIMITS) IMPERVIOUS AREAS TOTAL PROPOSED IMPERVIOUS AREA0.37 ACRES TOTAL PROPOSED PERVIOUS AREA DRIVEWAY / ROADWAY AREA7208.48 SQUARE FEET0.16 ACRES 16,252.69 SQUARE FEET 0.54 ACRES 23739.00 SQUARE FEET 0.17 ACRES 7,486.31 SQUARE FEET PROJECT: RELEASE: 8000 N. PORT WASHINGTON RD. FOX POINT, WI 53217 TAP ROOM PRELIMINARY SHEET: REVISIONS: CLIENT: NORTH ARROW: SEAL: 051020 PROJECT MANAGER: PROJECT NUMBER:251009.01 DATE:10/22/2025 RB all in 1" = 10' SCALE: # DATEDESCRIPTION SHEET NUMBER: LOCATION: 788 N. Jefferson Street, Ste 900 Milwaukee, Wisconsin 53202 kapurinc.com POST-DEVELOPED SITE CONDITIONS SWMP-2 VB Agenda Packet 11/11/2025 Page 81 of 88 kapurinc.com 7711 N. Port Washington Road Milwaukee, WI 53217 T: 414.751.7200  F: 414.354.4117 October 22nd, 2025 Scott Brandmeier Director of Public Works/Village Engineer 7200 North Santa Monica Blvd. Fox Point, WI 53217 RE: Tap Room Brew Pub SWM Memo Dear Mr. Brandmeier, This memo is being provided to confirm that the proposed Tap Room Brew Pub development located at Port Washington Road and Bradley Road, Fox Point, Wisconsin is under one acre and does not increase impervious area by 5,000 square and thus does meet the applicability standards of the Village of Fox Point, WDNR , and MMSD stormwater codes. The parcel is located in part of the W ½ of SE ¼ of Section 8, Township 8 North, Range 22 East, Fox Point, Wisconsin. The parcel area of the site is approximately 0.54 acres (23,739 sq.ft.). The existing project site is an existing one-story building development with parking lots and grass areas. The proposed improvements include the construction of a new building addition including new parking lots and drive aisles, landscape improvements, and utility installation. Per Village of Fox Point Code of Ordinance Chapter 285-25 storm water quality applies to a project disturbing more than 1 acre and water quantity applies to projects adding more than ½ acre of impervious surfaces. Since the parcel size is 0.54 acres and will be adding less than ½ acres of impervious surfaces, the project is exempt from the Village of Fox Point’s storm water management requirements. See attached Table 1 Land Use Summary and SWMP figures for more information. Per NR 151.121(2), stormwater performance technical standards are applicable to sites with over one acre of land disturbance. Since the site is less than an acre, it does not meet the applicability standards of NR 151 post-construction stormwater technical standards. See attached Table 1 Land Use Summary and SWMP figures for more information. Per Milwaukee Metropolitan Sewerage District Chapter 13.301(2), runoff management is required for any development or redevelopment that includes a net increase of 5,000 square feet of impervious surface or includes two acres or more of land disturbing activity during construction. As previously mentioned, since the site is 0.54 acres it does not meet the two acres of land disturbing activity. The site has a net increase of 2,619 square feet, meaning it does not meet the applicability standards of MMSD Chapter 13 requirements. See attached Table 1 Land Use Summary and SWMP figures for more information. Since the site fails to meet the applicability of the Village of Fox Point, WDNR, and MMSD stormwater management codes/ordinances, no additional stormwater management BMPs are required. VB Agenda Packet 11/11/2025 Page 82 of 88 2 Thanks, Ryan Birschbach, P.E. Kapur Attachments: C102 – SITE LAYOUT PLAN SWMP-1 PRE DEVELOPED SITE CONDITIONS SWMP-2 POST DEVELOPED SITE CONDITIONS Table 1 – Land Use Summary Project Name: Tap Room Brew Pub Parcel Size: 0.54 acres Project Type: Commercial Development Project Watershed Area (including off-site runoff traveling through project area): 0.54 acres Public Land Survey Location: part of the W 1/2 of SE ¼ of Section 8, Township 8 North, Range 22 East, Fox Point, Wisconsin Summary Data Elements Existing Conditions Proposed Conditions Net Difference Building 1,672 ft2 3,921 ft2 +2,249 ft2 Pavement 11,763 ft2 7,208 ft2 -4,555 ft2 Sidewalk 199 ft2 5,123 ft2 +4,924 ft2 Total Impervious Area 13,634 ft2 16,253 ft2 +2,619 ft2 Total Pervious Area 10,105 ft2 7,486 ft2 -2,619 ft2 VB Agenda Packet 11/11/2025 Page 83 of 88 PROPOSED BUILDING FFE = XXX.XX PROJECT: RELEASE: 8000 N. PORT WASHINGTON RD. FOX POINT, WI 53217 TAP ROOM PRELIMINARY SHEET: REVISIONS: CLIENT: NORTH ARROW: SEAL: 051020 PROJECT MANAGER: PROJECT NUMBER:251009.01 DATE:10/22/2025 RB all in 1" = 10' SCALE: # DATEDESCRIPTION SHEET NUMBER: LOCATION: 788 N. Jefferson Street, Ste 900 Milwaukee, Wisconsin 53202 kapurinc.com SITE LAYOUT PLAN C102 VB Agenda Packet 11/11/2025 Page 84 of 88 BUILDING / ALTERNATE BUILDING AREA1672.14 SQUARE FEET EXISTING PERVIOUS VS. IMPERVIOUS AREAS SIDEWALK / PEDESTRIAN AREAS199.17 SQUARE FEET PERVIOUS AREAS SQUARE FEETACRES 0.01 ACRES 0.04 ACRES AREA OF SUBJECT SITE (SWMP LIMITS) IMPERVIOUS AREAS TOTAL EXISTING IMPERVIOUS AREA0.32 ACRES TOTAL EXISTING PERVIOUS AREA DRIVEWAY / ROADWAY AREA11762.73 SQUARE FEET0.27 ACRES 13,634.04 SQUARE FEET 0.54 ACRES 23739.00 SQUARE FEET 0.22 ACRES 10,104.96 SQUARE FEET PROJECT: RELEASE: 8000 N. PORT WASHINGTON RD. FOX POINT, WI 53217 TAP ROOM PRELIMINARY SHEET: REVISIONS: CLIENT: NORTH ARROW: SEAL: 051020 PROJECT MANAGER: PROJECT NUMBER:251009.01 DATE:10/22/2025 RB all in 1" = 10' SCALE: # DATEDESCRIPTION SHEET NUMBER: LOCATION: 788 N. Jefferson Street, Ste 900 Milwaukee, Wisconsin 53202 kapurinc.com PRE-DEVELOPED SITE CONDITIONS SWMP-1 VB Agenda Packet 11/11/2025 Page 85 of 88 PROPOSED BUILDING FFE = XXX.XX BUILDING / ALTERNATE BUILDING AREA3921.08 SQUARE FEET PROPOSED PERVIOUS VS. IMPERVIOUS AREAS SIDEWALK / PEDESTRIAN AREAS5123.13 SQUARE FEET PERVIOUS AREAS SQUARE FEETACRES 0.12 ACRES 0.09 ACRES AREA OF SUBJECT SITE (SWMP LIMITS) IMPERVIOUS AREAS TOTAL PROPOSED IMPERVIOUS AREA0.37 ACRES TOTAL PROPOSED PERVIOUS AREA DRIVEWAY / ROADWAY AREA7208.48 SQUARE FEET0.16 ACRES 16,252.69 SQUARE FEET 0.54 ACRES 23739.00 SQUARE FEET 0.17 ACRES 7,486.31 SQUARE FEET PROJECT: RELEASE: 8000 N. PORT WASHINGTON RD. FOX POINT, WI 53217 TAP ROOM PRELIMINARY SHEET: REVISIONS: CLIENT: NORTH ARROW: SEAL: 051020 PROJECT MANAGER: PROJECT NUMBER:251009.01 DATE:10/22/2025 RB all in 1" = 10' SCALE: # DATEDESCRIPTION SHEET NUMBER: LOCATION: 788 N. Jefferson Street, Ste 900 Milwaukee, Wisconsin 53202 kapurinc.com POST-DEVELOPED SITE CONDITIONS SWMP-2 VB Agenda Packet 11/11/2025 Page 86 of 88 Brewery wastewater plan Our production facility will be pushing one batch of beer through our process weekly. This involves three main steps in the production process, each with expanded discussion below: Cleaning (CIP), Brewing, Packaging Cleaning (CIP): Each batch of beer will require a full Clean in Process (CIP) of stainless-steel tanks associated with each batch, between use. This includes the Mash kettle, Boil Kettle, and 2 Fermentation vessels (FVs) for a total of 4 tanks per batch. Each tank requires a cycle of caustic brewery cleaner (Sodium Hydroxide - NaOH) at no more than 4% concentration in water. The volume of solutions will be as follows for each cycle based on the tank FV - 10 gallons Boil Kettle - 20 gallons Mash Tun - 20 gallons After each caustic cycle, approximately 20 gallons of rinse water will be used. In total, this leads to a use of 140 total gallons of water per week associated with caustic washes and rinsings. From there, the FVs will require an additional cycle of passivate solution containing phosphoric and nitric acids. The solutions will be at no more than 1% concentration in water. Each solution will require 10 gallons of water and 10 gallons of rinse water for a total of 20 gallons of water per tank or 40 gallons of total water per week. Finally, the FVs will require a third cycle of sanitizer. Peroxyacetic acid with a concentration of <0.2% of water will be used. Approximately 10 gallons per cycle per tank will be used with no associated rinse. This will require, in total, another 20 gallons of water per week in production. Total CIP wastewater will be 200 gallons per week Brewing: One brew day a week will require roughly an input of 540 gallons of water. Of that, 310 gallons will become consumable beer, leaving 230 gallons of wastewater per week from production. Half of this 230 gallons will be retained and absorbed by the malted barley used for production, leaving only 115 gallons of rinse water that will go down the drain per week. This rinse water will contain some debris from organic materials used in the brew process (Malted Barley/other grain, hops and yeast). Those 3, and their impact on the wastewater is explored below. VB Agenda Packet 11/11/2025 Page 87 of 88 Malted Barely/other grain - Approximately 98% of the barley/grain mass will be kept from going down the drain. Our mash tun has filtration screens that will remove this debris associated with this raw material. After the process is complete, the rendered debris will be disposed of in a dumpster on site. Some residual barley on the screens may pass through from rinsing. Spent barley from the process consists mostly of limited broken down starches/sugar, denatured proteins and husk material Hops - Virtually 100% of hop materials will end up in the wastewater. Hops in the brewing industry are pelletized into a fine powder that breaks up when it gets wet. Approximately 20-30 pounds of hops per week will end up in the wastewater Yeast - Virtually 100% of yeast materials will end up in the wastewater. Yeast is a living organism (Saccharomyces Cervisae) that breaks down sugar to make alcohol. Much of the yeast going down the drain will be dead, but vitality of 10-20% is common. On average, about 1500-3000 grams of yeast will be sent down with the wastewater per week. Packaging: Some light rinsing on the outside of our kegs and cans used for packaging is common. Per batch we expect no more than ~10 gallons of wastewater per week. In addition to keg filling is keg washing between use. Each keg wash from our Keg Washer will take 1 gallon of water total among various caustic and sanitation cycles that will go down the drain. Each batch of beer will require 20 half barrel kegs to be cleaned, for a total of 20 gallons of wastewater per batch. We estimate one batch packaged per week. Total: Total wastewater per week is approximated at 345 gallons. The table below summarizes the descriptions above. Process Tank Volume H2O per Turn (gallons) Weekly Monthly CIP Fermentation 50 100 433 CIP Mash Tun 40 40 173 CIP Boil Kettle 40 40 173 Sanitize Fermentation 10 20 87 Brewing Boil Kettle/Mash Tun 115 115 498 Packaging Kegs 10 10 43 Keg Cleani Kegs 20 20 87 Total 345 1495 VB Agenda Packet 11/11/2025 Page 88 of 88