Plan Commission — Agenda

NOTICE OF MEETING Published and Posted: August 28, 2025 VILLAGE OF FOX POINT PLAN COMMISSION SCHWEMER HALL - MUNICIPAL BLDG. 7200 N. SANTA MONICA BLVD FOX POINT, WI 53217 Tuesday September 2, 2025 5:45 P.M. NOTE: the Plan Commission will be meeting in person at Village Hall, with a remote attendance option, per the hybrid meeting procedures further described in section 19-32 d. Of the Village code. This meeting is open to all citizens in person at Village Hall, or through the Zoom participant information shown below, subject to the following: no assurance is provided to those Plan Commission members and citizens intending to attend remotely that the technology will perform sufficiently to allow for their participation and the meeting will proceed regardless. Public officials and citizens wishing to ensure they can participate are encouraged to attend in person. Citizens are encouraged to submit any comments in writing in advance of the meeting to the Acting Village Manager at cfreedy@villageoffoxpoint.com. Zoom Participant Information https://us02web.zoom.us/j/89048465030 Dial: (312) 626-6799 Meeting ID: 890 4846 5030 AG ENDA 1. Roll Call. 2. Approval of the minutes of the August 4, 2025 Plan Commission meeting. 3. Consideration of Conditional Use Permit Application for Baja Tan, 8783 N Port Washington Rd. The Plan Commission will consider the referral of a conditional use permit application for Baja Tan, 8783 N Port Washington Rd, as required per Village Code Sections 745-18. 4. Consideration of Conditional Use Permit Application for Billy Goat Roofing, 8035 N Port Washington Rd. The Plan Commission will consider the referral of a conditional use permit application for Billy Goat Roofing, 8035 N Port Washington Rd, as required per Village Code Sections 745-18. 5. Adjourn. NEXT PLAN COMMISSION MEETING: Monday, October 6, 2025 PLEASE NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. For additional information or to request these services, contact the Village Clerk at 351- 8900. It is possible that members of, and possibly a quorum of members of, other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information; no action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES August 4, 2025 1 Page 1 of 2 A meeting of the Fox Point Plan Commission was held on Monday, August 4, 2025. A motion by Commissioner Smith, seconded by Commissioner Durant and carried by roll call vote 5- 0, Commissioner Miller was voted to chair the meeting. Commissioner Miller called the meeting to order at 5:45 p.m. and noted there was a quorum of Plan Commission members present. The Plan Commission roll call was taken by Village Deputy Clerk Teri Repins: Plan Commission: President Christine Symchych, Chairman - absent Jay Craig, Commissioner Ted Durant, Commissioner William Langhoff, Commissioner David Miller, Commissioner Robert Smith, Commissioner Jake Wilson, Commissioner – via Zoom Staff present included Assistant Village Manager, Kevin Ausman, Police Chief Chris Freedy and Deputy Clerk Teri Repins. Notice of the meeting was provided to the North Shore Now as necessary, and to all others as required by State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). Approval of the Minutes of the July 7, 2025 Plan Commission Meeting Motion by Commissioner Smith, seconded by Commissioner Miller, and carried unanimously with a roll call vote 6-0, the Commission approved the minutes of the July 7, 2025 Plan Commission meeting. Consideration of Conditional Use Permit Application for Miracle Ear, 6850 N Santa Monica Blvd Motion by Commissioner Miller, seconded by Commissioner Durant and carried unanimously by roll call vote 6-0, the Commission recommends approval of the Conditional Use Permit Application for Miracle Ear, 6850 N Santa Monica Blvd. Consideration of the Land Combination and Certified Survey Map submitted by applicant, The Town Club at 7950 N Santa Monica Blvd., Fox Point, tax key #092-9991-000 & tax key #092-9980-000. Motion by Commissioner Durant, seconded by Commissioner Smith, and carried unanimously by roll call vote 6-0, the Commission recommends approval of the Land Combination and Certified Survey Map submitted by The Town Club at 7950 N Santa Monica Blvd., Fox Point, tax key #092-9991-000 & tax key #092-9980-000. Adjourn On motion of Commissioner Miller, seconded by Commissioner Durant and carried unanimously by roll call vote 6-0, the Plan Commission meeting adjourned at 5:53 PM. VILLAGE OF FOX POINT PLAN COMMISSION MEETING MINUTES August 4, 2025 2 Page 1 of 2 Respectfully, Teri Repins Deputy Clerk Published and Posted: September 3, 2025 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Chief Chris Freedy, Acting Village Manager Date: September 2, 2025 Re: Baja Tan - CUP Overview Stephanie Fett has applied for conditional use approval regarding relocation of an existing business to a new tenant space. The change of tenant space under Section 745-18D(1)(o) would allow a tanning and wellness facility, Baja Tan, to operate at 8783 N Port Washington Road in the D Business District. The tenant space is located in the Riverpoint Shopping Center. Background Baja Tan is an existing business located at 8667 N Port Washington Road which received CUP approval (CUP #2025-06) for change of ownership in July 2025. Request The applicant has indicated no changes to existing business operations. Hours of operation are proposed from 9AM – 7PM Monday through Saturday. Sufficient parking within the Riverpoint Shopping Center exists to accommodate patrons. Recommendation Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request following a mandatory public hearing. VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Chief Chris Freedy, Acting Village Manager Scott Brandmeier, DPW Director Date: September 2, 2025 Re: Billy Goat Roofing - CUP Overview Billy Goat Roofing, a licensed dwelling contractor, has applied for conditional use approval to establish a trade office and indoor storage space at 8035 N Port Washington Road (former Logan Productions building). The application under Section 745-18 would allow for contractor administrative offices, tool and vehicle storage, and related business operations within the D Business District. Background The Logan Productions building has been vacant and for sale for some time. The D Business District, Section 745-18, allows for both permitted and conditional uses within the boundaries of the district. Request The applicant is proposing the following: • A contractor’s office for sales, administrative, and management staff. • Indoor storage of tools and surplus roofing materials not returned to vendors. • Parking for pickup trucks, primarily stored indoors with some in outdoor stalls. • No outdoor material storage, as confirmed in writing by the applicant. Under Section 745-18(C)(4), offices of licensed trade professionals are a permitted use by right in the D Business District. Billy Goat Roofing holds a Wisconsin Dwelling Contractor license, making the office component compliant as a permitted use. However, the accessory functions of indoor storage of materials and storage of work vehicles, extend beyond the scope of a “professional office” and require conditional use approval under the following: • §745-18(D)(1)(i): Retail and service stores – for service-related business operations. • §745-18(D)(1)(o): Substantially similar uses – for contractor-related storage and operations not explicitly listed. Outdoor storage is prohibited unless expressly permitted by the Plan Commission and Village Board under §745-18(F)(6), (F)(9). The applicant has confirmed there will be no outdoor storage of materials or equipment. Plan Commission Review Staff recommends that the Plan Commission discuss the following with the applicant: Confirmation of Storage and Work Vehicles • Applicant has stated that all material storage will be indoors. Materials are delivered directly to jobsites and excess materials would return the storage area. • Work trucks will be stored indoors in the shop where possible, with some in outdoor parking stalls. • Applicant confirmed vehicles are not equipped with backup beepers, reducing noise concerns. Parking Requirements The applicant has not supplied a parking plan. Per Section 745-18(F)(7), this project requires 5 parking stalls per 1,000 sq ft of office space. The submitted application details the site containing 14,512 square feet but does not identify office space versus storage space. • Staff have determined a total of 12 employees (5 sales members, 2 production managers, 3 administrative members, and 2 management members) based on conversation with the applicant. o However, the applicant has stated that only 3 employees are regularly present at the office as most employees are off-site at job sites; and that no more than 10 parking spaces would be used. • Staff have identified the possibility for 15-20 parking spaces in previous applications for this property (depending on size of stalls). Given that there appears to be plenty of parking for employees and possible visitors, Staff recommends that the Plan Commission discuss justifications for reduction in parking with the applicant. Should the Plan Commission feel comfortable with a parking reduction, Staff recommends conditioning the approval with submittal of a formal parking plan, subject to review by the Village Engineer prior to issuance of the CUP. If a parking reduction is not recommended by the Plan Commission, tabling the item until a subsequent meeting until a parking plan is submitted, would be necessary. Neighborhood Compatibility • Confirm hours of operation to ensure residential compatibility. o Stated hours of operation in the application are Monday-Saturday, 7AM-7PM. • Ensure garbage and recycling containers are screened per code. • The applicant has stated intention to lease a portion of the building in the future. o Any proposed tenants or changes in use require a separate CUP. Lighting The Municipal Code also requires a lighting plan which has not been submitted. Under 670-49 and subsequent sections, CUP applications must be reviewed for new and existing lighting to determine whether a site meets code. The applicant has stated that no external modifications would be made to the building. It is the determination of the Village Engineer that a lighting plan showing existing fixtures must be submitted in order to determine whether alterations will be required to meet current code. Staff recommends that a lighting plan be submitted and conditioning approval with a lighting plan that meets the requirements of the Municipal Code, subject to review by the Village Engineer prior to issuance of the CUP. Recommendation Should the Plan Commission feel comfortable with the proposed use, Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request (following a mandatory public hearing) subject to the following conditions: 1. All tools, materials, and equipment must be stored indoors. No outdoor storage of materials, equipment, or trailers is permitted. 2. Vehicle parking limited to pickup trucks. No semi-truck or trailer storage is allowed on site. 3. Applicant must submit and maintain a parking plan identifying stalls for employees, clients, and company vehicles. Fleet parking may not interfere with required customer/employee parking. A parking reduction may be allowed from the requirements of Section 745-18(F)(7) subject to approval of the Village Engineer. Any overflow or future demand must be met on the site. 4. Applicant must submit a lighting plan subject to review and approval of the Village Engineer 5. Hours of operation limited to 7:00 AM – 7:00 PM, Monday through Saturday, including any outdoor vehicle activity. No idling of vehicles overnight. 6. Refuse containers must be fully screened in compliance with §745-18(F)(6). 7. Any additional tenant must be separately reviewed for compliance with §745-18. 8. Any exterior modifications to the site (landscaping, parking lot, lighting, signage) require site plan approval by the Village Board under §745-18(E). 1 Kevin Ausman From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Monday, August 25, 2025 8:07 AM To: Kevin Ausman Subject: Re: Further Explanation Follow Up Flag: Follow up Flag Status: Flagged Good Morning Kevin, I replied to your last email on Wednesday August 20th. Incase it did not come through I copy and pasted it into this email as well. 1. Yes we are licensed in the state of Wisconsin as Dwelling contractors. 2a. I can confirm that there will be no outdoor storage of materials. When we get materials our vendor delivers them directly to the jobsite. The materials are delivered to job sites via semi trucks 2b. As for vehicle storage; the only vehicles that will be stored will be trucks that are not in use. We intend to store those vehicles in the shop area with maybe leaving one or two in parking spots outside. The vehicles are NOT equipped with reverse beepers/alarms. 3. When it comes to parking, each of our employees are not at the office daily. The most people that will be at the building on a daily basis is 3 employees. We intend to have the employees that are in the office on a daily basis park in front of the garage doors. As for clients that need to come into the building we plan to designate parking for them near the front door so they have easy access. If we need to we will have additional parking at the edge of the parking lot where no entrances to our building will be blocked. I hope that's an okay explanation. If there is more needed please don't hesitate to reach out! Thank you, Hannah Beyer Office Manager On Mon, Aug 25, 2025 at 8:05 AM Kevin Ausman <kausman@villageoffoxpoint.com> wrote: Good morning Hannah: Following up from last week. We are working on our staff reports and intend to get the agenda out on Wednesday. I will need responses no later than tomorrow in order to get the agenda packet completed on time due to the holiday weekend. Thanks. Let me know if you have any questions. 2 Respectfully, Kevin Ausman Assistant Village Manager Village of Fox Point 414.351.8900 From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Wednesday, August 20, 2025 1:22 PM To: Kevin Ausman <kausman@villageoffoxpoint.com> Subject: Re: Further Explanation Thank you Kevin. I will connect with Dom regarding these few things and get back to you with an answer! Thanks! Hannah On Wed, Aug 20, 2025 at 1:19 PM Kevin Ausman <kausman@villageoffoxpoint.com> wrote: Hannah: Thank you for following up. I have a few questions as I prepare you application for Plan Commission. 3 1. Is Billy Goat licensed by the state of Wisconsin and if so, which licenses? a. Our code specifically identifies “Offices of trade and professions licensed by a governmental agency… trade offices are the use of a tenant space or building by an electrician, plumber, carpenter or person in a similar building or construction trade that provides licensed services off site within the Village and its environs” for the D Business District. 2. Storage a. Can you confirm that there will be no outdoor storage of materials? When materials are delivered, what is the method of delivery (i.e. semi vs box truck vs pickup)? b. How many vehicles will be stored indoors and outdoors? Are vehicles equipped with reverse alarms/beepers? 3. The property will require a parking plan. My count of employees in your email is 12, with an additional hiring of 1-2 employees. Taken together with parking of work vehicles and possible clients visiting the site, a parking plan will be required for the CUP. As to the PC and VB appearances; it is absolutely permissible for you to attend. A representative is required but that representative is up to you to decide. Let me know if you have any other questions. Respectfully, Kevin Ausman Assistant Village Manager Village of Fox Point 414.351.8900 4 From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Tuesday, August 19, 2025 11:01 AM To: Kevin Ausman <kausman@villageoffoxpoint.com> Subject: Further Explanation Good Morning Kevin, I hope I explain this well. Please let me know if anything else needs to be added. What we intend to use the building for: We at Billy Goat Roofing are looking to occupy the building at 8035 N Port Washington Rd. Within the last few years of being in business we have grown exponentially. Along with growing our revenue, our team has grown. We currently have 5 sales members (with plans to hire 1 or 2 more in the upcoming year), 2 production managers (with plans to hire at least one more for the upcoming year), 3 administrative members, and 2 management members. Currently we are outgrowing our office space that we currently rent in a coworking space. Upon the talks of expansion we have come to the conclusion that we will be adding desks for each sales member equipped with computers for them to complete their day to day operations that used to have to be done in their work vehicles. At this time we have roughly 9 trucks in our vehicle fleet with plans to store them both inside the shop as well as in the parking lot should space allow. We intend to use the shop for storing our access roofing materials that can not be returned to our vendor. Our vendor (ABC Supply) drops our materials that we order at our job sites and once a job is completed they come to collect any access materials that have not been partially used. The partially used materials then will come back to the shop as a portion of our surplus that we are able to then use on other jobs when needed in a pinch. As of this moment, we do NOT have any plans to expand the building with an addition or make any large changes to the building. We do plan to lease the portions of the building that we are not using, however we will not know how large that portion is until we move ourselves in and see what is left for workable space. We intend to use this building solely for commercial functions such as operating our business and renting out office space to other companies that may be in need. 5 Also, I did have a question. Dom is wondering if I am able to go to the board meetings instead of him to answer questions. Is that allowed or does he still need to be present. Thank you, and please let me know if I need to add anything! Hannah Beyer Office Manager 1 Kevin Ausman From: Beth Logan <beth@loganproductions.com> Sent: Friday, August 15, 2025 2:03 PM To: Kevin Ausman Cc: Jim Logan; Will Klumb Subject: Occupancy permit approval for Dominic Fazio Hi Kevin, Jim and I give Dominic Fazio permission to apply for an occupancy permit to purchase our building. Is there any other approvals that you need from us? Thanks, Beth Beth Logan 414-870-3424