Plan Commission - Regular Meeting

All right. We will call this first joint public hearing to order. The purpose of this public hearing will be to receive public input on the following related request by Ideal Core Holdings LLC for a conditional use permit. We'll start off with a roll call of the Planning Commission. Commissioner Zembruski's gone. Commissioner Kennedy? Here. Commissioner Peterson? Here. And myself. Here. Commissioner Wagner, in your mind. Yes, sir.

Kelly.

Kelly, yep.

We're going to do a roll call of the village board. And start with Trustee Peterson here. And we've got Josh here, Brian. Corey. Here. And myself. And then excused this evening is Tracy and Kelly.

All right, I'm going to turn it over to Ben for an update overview.

Yep, so this is a conditional use request for Ideal Core Holdings. Subject property is located at West 231 South Seton 680 Big Bend Drive. It is zoned before Highway Business District. IDEAL operates as a permitted use under that zoning. They submitted a concept plan several months ago with some development ideas for the parcel that involved dividing off several lots with a variety of light manufacturing to commercial type uses, more light manufacturing. They are coming in with an interim proposal They're calling it interim. They have not specified any term in their proposal, but it's an interim proposal for an equipment rental area. It would be located parallel to the highway. If you're facing the business, it would be to the left of their current business, so northwest. of the current access road and will be served by that current private access road. They're proposing a graveled area slightly under an acre. They would be displaying equipment for customer rental. This would be somewhat of an ancillary business to Ideal. It's a separate business, but the administrative services, my understanding, the administrative services would function through their existing building And so customers would come through ideal park there, interact with staff there. There may be some and they can explain exactly how it would work, but there would be a lot more customer interaction at the ideal spot than in the storage area. They are indicating that because this is interim, they're not proposing any screening at this time. And the current proposal is just under the acre trigger for stormwater management. I'm happy to discuss anything else later on or after the public hearing, but I think those are the basics of the request. Pat, can you maybe speak to that? Sure. Provide details of the request.

Thank you for your time this evening. Brian Depp is with SEH, Engineering and Surveying Architecture Firm. We're here representing Rick Rivera and Christine regarding the proposal before you, As Ben had mentioned a few months ago, came before you with a conceptual plan, kind of overall plan for the site. I think when looking at the site and some of the improvements that would have to be done in phase one, upgrading a private road to a public road standard, WSDOT requirements, we're talking a substantial investment before anything's starting to move forward. They purchased the neighboring property about three years ago. If you've been by the property, there's been lots of improvements. The property in question we're talking about today, purchased a few months ago. You've already seen some activity on it, cleaning up of the property. Rick is a resident, lives within five minutes of this site. So really fully invested, started seeing his business move forward, wants to continue to grow that business. and move forward with some interim plans and then ultimate plans for some of the things that we talked about a few months before at the Planning Commission. So right now, a small designated area at 17 acres, less than an acre of the site for outdoor contractor equipment, rental and use. operating a contract equipment rental business that supports and complements kind of the entire ideal campus that they're shooting for long term for the site. I think a lot of the items that were brought up by staff, the planner, both planner and the engineer can be addressed and we can go through those things if you'd like. But really it's seen as, we refer to it as an interim use and I think everyone's aware of approvals and things like that have happened over the last few months. Hopefully there's sewer coming to the area. Hopefully there's potential for more in this site. Don't want to do a heavy lift of investment into this site and have to rip it out for something in a three to five year period. I know Ben put a time frame of two years in potential proposed conditions. I think that's a reasonable time frame to kind of see what Rick and Christine are doing with the business and show that it can operate in a reasonable manner. Certainly can work with Mr. Hine on concerns regarding scaling that down a little bit to make sure we're not exceeding one acre of work in the area. Wetlands have our natural resource person just verify that no area in here is being affected by wetlands. Soils are Hockheim and Teresa soils. I am a certified soil tester. Generally not wetland soils. All the maps are indicating, but I wouldn't disagree with you. There are some little spots on there. We just want to verify that it's not being affected in that portion. As for stormwater runoff, once again, not looking at an ultimate plan for the entire site. Don't really want to do that deep dive right at this time. Made sure we had enough separation, roughly 150 feet before it really hits culvert grass swales. So you'll be going through grass swales, kind of a sheepfold effect, not a direct effect. The grass would be a good infiltration measure, so it's really unconnected there. So that's kind of how we looked at this and said, how can we work with this as a temporary use and still move things forward? So with that, I guess...

Third and final call for public comments.

Will? Just make sure that your engineering group verifies with the OT that they meet the FDM drainage submittal. Correct. I have to remind people of that all the time. It usually gets lost in the wash.

I know we talked about this, Brian, and you seemed to indicate there would be no issue with it, but there is a, I'm just going through the conditions here. Most of them are very standard, you've addressed. The ones I circled as significant two-year term, but the other one was the deed restriction piece. Staff's concern would be that This is being proposed as ancillary, and there's nothing legally in place that prevents conveyance of the lot with that gravel area. And we just require that there's some agreement that the lands are held together as long as this arrangement is being provided. Obviously, there's going to be future development in that arrangement. may cease or no longer be needed, but I just wanted to make sure you guys were comfortable because that's a significant condition that's being hung out in the property.

Yeah, and I think, and Rick, you can chime in also, but I think we looked at it and said that that's reasonable because we are asking for this. We're showing some combined use. We don't necessarily want to combine the properties in that regard, but some combined use. So if at some point in time something changes on his behalf, you'd simply have to come before us. this group began to say, hey, we're parting ways, we're clearing this off the property and things like that.

Or it could be written to terminate with this CUP for the gravel temporary interim storage use. Yes. There wouldn't be, I don't think, it wasn't written with an expectation this would be a perpetual encumbrance of the property, just simply while we're kind of using this with this, that we hold it together legally as a separate parcel.

There is no fencing when we're on this area, correct?

There is not. Really, security is mostly handled through systems at their existing building. You can see the property. We'll probably look at some additional security measures in terms of cameras and things like that.

So the gravel is just going to be, because it's so close to that one acre, I'm sure that's why you kept it under one acre. What's to say that that's not going to slowly expand out a little bit more for

I would say generally compaction. You know, you're doing the work. And like I said, I think we can work with Will and make sure it's scaled down. The amount of equipment that they're looking at right now isn't substantial. It's not a huge site, but we will certainly keep under that.

There are no more public comments. I'll entertain a motion to close the public hearing.

I'll second. Any further discussion? All in favor?

Aye.

Opposed?

Motion carries.

Any of the village board members have any questions, comments, or concerns at this point? Entertain a motion then to adjourn the first public hearing. I make a motion to adjourn. Is there a second? Second. Motion's been made and seconded in discussion. All in favor signify by saying aye. Aye. Opposed? Mr. Chairman?

This public hearing is now closed. On to the next one, joint public hearing The purpose of this public hearing will be to receive public input on the following related requests from Matthew Strickler and Madeline Strickler to amend the zoning map. I'll start off with a roll call. Commissioner Wagner? Yep. Commissioner Peterson? Here. Commissioner Kennedy? Here. Myself, Ben, Tom Kelly .

Roll call on the village board. Cory? Here. Brian? Here. Josh? Here. Myself?

This is another request that was in front of you for concept review. The Strickler family is trying to subdivide a lot for single family use. The larger farm parcel has agricultural overlay zoning across it and so they're just seeking to remove that since it will no longer be farming. That one acre, they would just be requesting to remove it across the one acre, and that's simply to support the CSM request that will be before you.

Third and final call for public comments. All right, if there are no public comments, I will entertain any motion to close this public hearing.

I'll second.

Motion to second. Any further discussion? All in favor? the Planning Commission's portion of the public hearing is done.

Mayor Kerr, any motion to adjourn the Village Board portion of the public hearing? I make a motion to adjourn. Is there a second? I make a motion. Motion's been made, seconded. Discussion? We call for the vote. All in favor signify by saying aye. Aye. Opposed? Motion carried. Thank you gentlemen.

We will move on to our regular planning commission. Looking to consideration and approval of minutes from Thursday, March 19th, 2026 joint public hearing and Thursday, April 16th planning question meeting.

Any further discussion? All in favor?

Aye. Opposed?

Yes.

I'd like a motion to approve the joint public hearing minutes of March 19th as presented. Second.

Any further discussion? All in favor? Aye. Opposed? Motion carries.

Sorry.

I just wanted to make sure that the language was correct. Yeah, because it would have been everything in the report.

plus the additional. Yep, and it was dark sky, storage containers, and then just to reference the findings. So I think that's solid. And then a decision sheet was also, a written decision of the Planning Commission and of the Village Board was issued as well, consistent with all this stuff.

Any further discussion?

All in favor? Aye. Opposed? Motion carries. Moving along, item three, new business. A, review discussion possible recommendation of request by Ideal Core Holdings LLC applicant and property owner for a conditional use permit. site plan to allow an outdoor contractor equipment rental used on property located north of West 231 South 7680 Big Bend Drive. Tax key number BBB, 2060999005. The subject property is 17.6 acres in size and is known as B4 Highway Business District. Ben.

All right, well I gave you the lowdown. provided the details of what they're trying to do. We heard on the record that they are agreeable to the conditions that staff are recommending. I do think with the interim defined as two years. I'd imagine there'd be some ability for them to come back and at least have a discussion with the village to extend that if warranted, with the agreement that they need to restrict the parcels to hold them together while this arrangement's in place, with the agreement to downsize this so that there's no concern that the as-built area will be that I think that the purpose and intent of the ordinance is being met. And again, because of those conditions, I don't think as permanent as meets your standards. You'd want landscaping, you'd want hard surfaces, you'd want several things that they have explained why they don't want to provide at this time. But I think two year arrangement is a reasonable in term and I understand why they wouldn't want to do all that stuff if it was just for two years. So I think this would be, in my opinion, an acceptable way to allow something that falls short of your typical standards to occur as they move towards the concept that seemed to be perceived pretty favorably by the community. I did include handout a conditional use worksheet that has the considerations for conditional use from 1625. In the first part, it has all the conditions that they have agreed to meet verbatim from the report. I don't think they mentioned any change to those. And so obviously if there are conditions the commission wants to add, modify, that's within your purview. But I just encourage you to include your findings in any decision that you guys make.

How many pieces of equipment are you expecting to have? Currently, we probably have four trailers, two mini excavators, five skid stairs, and two dump trailers.

You're looking to expand that?

Not really. I think what I really want to do is just get putting it down there so we can generate some money while it's sitting idle. We might get a couple pieces here and there. Am I going to turn that into a standalone rental area? No. I want to see if sewer and water come to the area and then we can readdress things and possibly scale it a little bit better than what it is.

My concern is without any kind of screen or temporary screen now, as you grow your operation makes me know there's 30 pieces of equipment and trailer with flat tires that I can see on the road that I would look for some kind of screen so that... Yeah, and if the business scale to that's

17.64 acres there. There's three acres directly behind my shop to the east. And so that area is appealing for me to expand my business if it gets to that.

You're going to operate this within the same hours of operation as your... You're not going to expand your hours of operation? No. I haven't seen anything out there for that.

No additional signage? So we put in a permit to have an LED sign on the current property that we run our business on. We've been kind of holding off on putting that sign up because we just don't know what's going to happen with sewer and water and stuff like that.

Can we talk a little bit about that today? A lot of your business is contractors that you work with. web leads, you know, people find it. That way it's not generally necessarily a big sign on the highway that it's going to stop something safe. Oh, by the way, remember I need a backholder skidster this weekend to stop in here.

There's something that's going to automatically bring us back on the agenda for the two-year Senate period. I don't know if you have me worded it.

So this will just sunset unless extended or renewed by the fine commission. We could add a fond petition. So I don't think it would be... I mean, are you going to clarify if it's the requirement of the Planning Commission to review the two years or?

That's kind of my thought. Sometimes some of the stuff just gets, oh, yeah. I think. Oh, yeah. Ten years ago we did that. It was a two-year expiration. I understand.

I mean, the way it's written, it would sunset two years from approval. What I bring up is if they wanted to discuss extension, I think I would read this as they have to come before, but we can make it clearer that unless extended, unless upon petition extended or renewed by the Village Planning Commission. And that would require that they bring it back prior to two years because we don't want to track that stuff.

I'm hoping that you guys are on the other part of your plan.

Yeah, all right. So do we.

It's just one of those things that, you know, The question is, when did we approve that and how long have they been doing that?

So if it's this way, then we don't track it. They come back prior to, otherwise they have an expired CEP and they would have to ask for it all, go through the process again, I guess.

Would you envision it being, if it's a year in, nine months they come into the office, fill out a new application.

Well, if it's upon petition, I think you could discuss extension. I have to talk to the village about what they formally want to process a request like that. I don't know that we need to go through a whole public hearing again, unless you really want to, right? No. No, I wouldn't see the need for a public hearing. No, it would be discussion about why.

I'm not going to extend it for just cause. I would imagine it would be a discussion of just cause.

Good to talk about it now, because we've left her to sleep for nine months. Yeah, and now we know it's not our job to remind you. Yeah, you got it off of your plate and put it on our plate.

That's right.

They're back. I haven't checked in with them. Interstate's open. Is that from this morning's accident? Well, I drove past, I saw an exploded semi. Yeah.

The one semi, there's another semi. Where it was all one lane, right?

Do you have any questions? No. I reviewed everything.

I'LL MAKE THE MOTION TO APPROVE THE C.O.P. WITH THE RECOMMENDATIONS FROM THEM. AND I'LL SECOND THAT. ANY COMMENTS FROM THEM?

MOTION AND A SECOND.

ANY FURTHER DISCUSSION? I JUST WANT TO, JUST AS A FRIENDLY MODIFICATION OF THAT MOTION, PERHAPS POINT TO THE APPLICANT WITH THE COMMISSION TO MET THE FINDINGS OF 1625.

All in favor? Aye. Opposed?

Well, it carries.

Jamie, you were the second? Yes, I was. Thank you. The next step for that is November 4th? Yes, June 4th. June 4th? Yep. Okay.

Thank you. Thank you. Good luck. Item B, review, discussion, possible recommendation of request by Matthew Strickler, Madeline Strickler, applicants on behalf of the Howard R. Strickler and Maxine M. Strickler both of the living trust property owners to amend the zoning map to remove the AO agricultural overlay district from approximately one acre of land associated with the proposed CSM for the purpose of creating a one acre residential lot. The subject property is located at South 82 West 23480 Artesian Avenue, tax key number BBB 2069997006 and is zoned R2 residential district.

All right, so again, we will be talking about the certified survey map in a moment. This is a rezone request to remove one acre of agricultural overlay district. The ordinance does not provide a lot of guidance in terms of how clean this district is intended to preserve agriculture. That's about as much guidance as we get in terms of going through a reasonable process. I think from a practical standpoint, I would typically look at when lands are being removed from some type of farm preservation, are they doing a job, a reasonable job to preserve the remaining agricultural tillable acreage or carving it up in a way that makes it hard to get to. And that's not the case here. So I have no concerns from a staff standpoint about the removal. I think this was, The intent to allow property owners to unencumber their lands from that strict zoning, to seek the uses of the underlying Bay Zoning District. I'm not sure I even understand the district itself, since they get no tax benefits like you would in agricultural preservation. And I did ask the property owners if they wanted to, at this point, remove the whole thing, and they want to move forward with just an acre, and that's their prerogative. So staff have no concerns about the results. I think we are just saying that we would we want to make sure that it's consistent with the CSF so should that CSM need to get changed then I think we just want to we just want the I don't we'll have to talk about that so I think that that might be problematic and require them coming back here because we are rezoning specifically described lands but but the goal is for this to be So I've no reason to believe that'll have any issues, so I just wanted to point that out. I'm gonna pick on Don.

Yes, Mr. James.

Just access-wise, looking at it from a fire perspective, I see that the preservation, the road reservation off of Scenic there, is there a culvert or any access off of there at all? So it would be basically us coming off of, so this is gonna be an Artesian Avenue address? Right. Okay. Just make sure that access in the events. We've talked to Bill. You talked to him?

That is. Really only about 50 yards down the road from where Jason and Kristen are now. And obviously we're aware of the turning radius thing and what kind of driveway you need. Yes. Just for a plan, I mean just. What I'm looking, I want this to have a problem, I'll be honest.

Right, right, and we just want to make sure we get good access in regards to that since we're not coming off a scenic at all. Right. The access then off of Artesian is going to be reasonable for everybody to get back there.

We have, you know, again, you just kind of the farm side of it, and they need access to that also. So there's a good driveway there that they can take, you know, the grain trucks in and out, the equipment. You can send lines, go in and out.

Yeah, and the only other thing is just making sure we have the addresses properly posted. That would be my only other concern. Yes, because... I don't want to be going to Maxine's house and saying, hi Maxine, how you doing? In my world, I still go... Go to the one that's burning.

In my world, I still go to the grocery store and stuff. but I guess you get everything in the world delivered now. So yeah, that we have discovered that not only addresses but signs saying to this house deliveries and to this house deliveries because it goes beyond me but that's how things get taken care of in the world. He did mention about the agricultural zoning. That kind of goes back to my dad. We do like to have cows. And it really kind of covers the basis that we don't have them all the time. They come and go as the weather changes. And we just didn't want to have to ever go to people and say, well, yeah, you're in the residential neighborhood and the cows are going and this and that. If we have the agricultural overlay, it was able to take care of any of those signs. So that was the main reason behind that. I thought it was there, and you're right. There's no other incentive other than the grass gets cut.

There'll be also on the Chief's desk, Chief Ludwig's desk, is a note that we will have fire training up there. Everybody's familiar with this layout. You're welcome anytime, Daniel Day.

I'll make a motion to approve based on the recommendations of the plan. If I may just ask a few questions of Mr. Greenberg. We received this today, so we ran over it just quick. But if you could just clarify just a couple things for us on your survey map.

I'll tell you what, that's literally the CSM is the next item on the agenda. So, and I don't mean to cut you off, but we'll have a chance to get to that anyways. And then we're just excited to imagine some of the technical stuff we'll want to discuss.

Just a little bit, guys. No, that's fine. Thank you. No problem. This is the zoning issue.

Stopping yourself from getting an approval here.

This is the zoning and the next one would be it. Got it. Thank you.

All right, so I have a motion and a second. Any further discussion? All in favor? Aye. Opposed? Motion carries. I don't see review, discussion, and possible recommendation of a certified survey map request by Matthew Strickler and Madeline Strickler, applicants on behalf of the Howard R. Strickler and Maxine M. Strickler Revolt for the Living Trust, the property owners. to create a one acre residential lot the subject property is located at south 82 west 234 80 artesian avenue taxi number bbv 2069-997-006 and the zone r2 residential

All right, so again, this is the reason for the rezone request. This is again gonna be similar to the last land division on the parcel. This will be a lot that has access via future public road reservation. So there's a corridor to provide access for a future public road, but the physical and current access will be provided via private shared driveway to Artesian. And so I just wanted to note that, that this is an arrangement that the board can waive those frontage standards and has, this will be the second time. And so there was a broader policy discussion about at some point in time, the intent was to see a road come through. So I did not include that in any notes, but Now might be a time to include a note about no additional or this is the last one or something of that nature. So I just, that was a discussion that was had at concept review. Other than that, in terms of the technical stuff, most of it is just technical. There was a question about soil testing. And so have you guys engaged? Perfect. And so staff just want to know that they hadn't done the test yet and so I would imagine you guys want to make sure that the septic reservations are on-site and not through easement somewhere else. So staff are recommending that nothing get approved until they demonstrate that there's suitable on-site soils for septic so that they don't have to deal with easements or change lot lines. But provided they can demonstrate that, staff have no concerns about the proposal. Form A, did you know if they had a missile tester, would you talk about Form A tests or anything? Will, do you want to just speak to that?

You'll be able to do a better job than I. Waukesha County has what they call a basement wetness standard. Village of Big Bend enforces that, whereby your basement floor needs to be a foot above estimated high groundwater. It protects you and it protects the village. I would say that if you know approximately where your home's at, your septic's going to be way in the back, shoot a hole up front just so we know where that groundwater is. Because that way you don't have to call them back. It's just one extra hole and he's already mobilized them there.

Yeah, I believe when we did that in 2019, yeah, there was a level of, here's a 30 inches They did go down. Eight feet usually. Yeah, I believe it was. Jason is right there and he has And God, they're cranky. Back there in the chair, she looks nice, but yeah.

He's making fun of you.

So you have questions, though. I know these guys may have questions, but I cut you off, so I didn't want to.

No, please, feel free. They may have questions, but I want to.

And so again, a lot of the technical things staff are looking for are just simply, you know, lot one, we're just asking the surveyors to show the mapped wetlands from the county GIS. So that's just a desk thing you can add from the desk. Okay, that's item eight you're saying? That would be item eight, Waukesha County.

From the desk, meaning if you're just

field-located feature, this was coming from the Waukesha County Sheriff's. Again, that just makes- That's what our question was. Yeah, that's why when you win the lottery and then you sell the property, somebody knows that there's map features out there that need further investigation. That's all. And that's similar to the note about the isolated resource area. Again, these are just technical requirements. The surveyor can do these from the desk.

Because we assume that's, what you're speaking of, the woods?

I'm guessing that's how the sewer pack has that wooded area.

I'm not really thinking of box elder and buckthorn as real natural resources.

Well, again, whether or not it is or is not, that's a discussion with sewer pack. Yeah, I got you.

From the air, it looks like trees.

If somebody actually wanted to come in and build a home site, then they'd have a discussion with sewer pack on whether or not it is or isn't. So we flag it and then Whoever's dealing with that later on, there's documentation that there's a resource out there.

That doesn't make it an unbuildable lot. It just means something you have to work around.

It's a simple documentation. Got it. Yep, because you're going through the CSF process, and this is when all these standards need to be provided, the easements, the notes, things like that. And I would imagine you'll be fine. Well, just looking at the soils out there, I'm not a soil tester, but I anticipate if it's worth your, yeah.

Is there any questions? So basically, the Cedar Bridge was pretty good, wasn't it? I'm sorry? Everything over to the west in Cedar Bridge, I don't even know if there's a well system. Until you get down to the north end near the wetland, I think everything up on the hill was okay.

The floor by us are all mounds and I know Jason and Kristen have a mound. Mom and I both have conventionals. So last time it was within an inch or two and I'm like, whatever you say.

So basically what you're looking for then would be a motion to include in that motion contingent on soil testing?

We're pretty confident with that, but I understand. It's not a lot until you have a septic site. Number seven?

Six. Six, I think six is to address lot one, because you guys aren't doing soil tests on the big lot now. So that's just a note on lot one that soil tests haven't been done on this lot. If you want to do a home, you're going to have to do soil investigation. I didn't know where they'd be at. I think because I didn't know where they were scrambling to get that done. So if they're not there yet, I think that you want to add a condition that until a preliminary soil boring can be approved by Waukesha County, the board won't sign the CSM. And then they could go all the way through at their risk of getting your board approval. And then once they get their approval from Waukesha, then they can just come in for signatures and don't have to wait for a meeting. And I'll make a motion to that effect. We got a motion and a second. Any further discussion? All in favor? Aye. Opposed? Motion carries. And Jamie's motion, who seconded? Tom.

Thank you very much. Thank you.

Good morning. Thank you. Thank you. Item D, discussion of possible action on a request by Joe Gallimore, applicant for approval of a site planning plan of operations to allow occupancy of a contractor office and storage use within unit four of the multi-temporary Joe Gallimore, owner of Jamin Peterson. The subject property is approximately one acre in size and is owned by one industrial district. Ben.

All right, this is a plan of operation request. So it's a retenancy or maybe it was a rebuilt fire damage building, so maybe it's the first occupancy. But it's an existing building, approved a year or two ago. for extreme exteriors with some additional leasable space for future tenants. Planning Commission approved that subject to when tenants come in they need to get plan of operation approval from the Planning Commission. So Joe Gallimore is proposing to use suite four, unit four, for indoor personal automobile and garage type storage. He's indicated no outdoor storage will occur with the request. I don't know that staff have any concerns. The use is the property zone for the use. There doesn't to be any impact at the parking being provided. There is no outdoor storage. Is the applicant here? Do we know if he's proposing his own dumpster? I guess that'd be one thing. There will be no outside footprint whatsoever other than some employees parking or him parking or whatever. The only conditions that staff are offering are basically memorializing the request, memorializing no outdoor storage. That's really about it. It's like a pretty straightforward

Representatives, do some of these folks think this meeting starts at 7?

The agenda said...

I understand, but those that have been here before...

I don't know, because I think the next guy isn't here because he read the staff report, I guess, and he'd rather enjoy his evening. That's all that's left is Freedom of Artworks, right? Correct. And everyone else was here, so...

I get it. I'm just wondering if Gallaudet were in freedom. I'm not saying we should stop. I'm just asking.

I mean, there was nothing...

I understand what you're saying, but the agenda was posted immediately following. No, I get it, but...

The motion to second any further discussion. All in favor? Aye.

A, discussion and possible action on a request by Freedom Fireworks LLC for approval of a site plan, plan of operations to allow for the seasonal retail sale of consumer fireworks with incidental sale of local products at the property located at South 63 West 24015 Town Line Road, tax key BBV 2025990. Applicant, Freedom Fireworks LLC. The subject property is approximately 1.26 acres in size in Zone B4, Highway Business District. This item was tabled at the February 19th, 2026 meeting. Okay, so you guys do have the reports.

There is a recommendation by staff in your reports. I did provide the applicant with the report. He had reached out with that supplemental information that was sent to you guys very recently. He clearly hadn't been sent the report, so I made sure that he had that. I didn't receive any response from him beyond that. Nevertheless, I believe he did receive the staff report site plan issue at this point or we can't, in my opinion, we can't get there yet because there are two village board policies. One is a per capita limit on fireworks businesses and the other is a brick and mortar requirement to only be able to provide sales in a building and not in a tent. And so the applicant did pursue getting some of that policy adjusted at the village board level. There didn't appear to be any interest to change policy. And so the planning commission brought this back to act timely and not just sit on the request. And so the recommendation is to deny. It's in conflict with village ordinances. And so I don't see how the planning commission could approve something that

So would they have to go through or try to change the ordinances?

Well, for the per capita, yes, because you can't just grow the population. You have to change that. The other, he could just get rid of, you know, he already went to one year of tent to brick and mortar. He'd have to just say brick and mortar.

The other question is in regards to the distance. Basically, the ordinance, it's got to be 250 feet away from any type of public facility, and that he's right across the street from there, and he's going to be too close.

Even if they move their building further back?

I can't.

So what?

Assuming they build enough. And the other thing that I had mentioned to Ben was in regards to they're going to need a conditional use.

I believe the fireworks were permitted because that's how American Americans under conditional use. I think that changed. I'd have to look back, but I think I looked at that when he first applied and he didn't Oh, it's time, Link. Hey, we were just, we were literally, you were talking about how folks may have thought the meeting started at 7. Yes. But you showed up during, literally while we were. Oh, wow, very cool. So I just explained my report. So, I mean, honestly, if you want to. I just explained to them my recommendation. I've explained about the village board. They know about the policy. That's an issue because there would be a, their approval would not comply with the village ordinance. So I didn't know if you wanted to, you're here. I hate to not give you an opportunity if you are. Please.

Thank you so much, Mr. Dine from Freedom Fireworks. Good to see you again. I guess we trimmed it down. We're requesting this through one year of attempt and we'll start building that building basically. We have some plans already started, some things already done. I guess any special recommendations or conditions we'll definitely comply with. And I'm here to answer any questions.

So, I mean, I just, in terms of just policy, because I think the issues are there's a, on the books, there's a per capita, and this is not an editorial comment, I like this rule, I don't like this rule, but it's an ordinance on the books that we have a per capita limit of the number of businesses. There is a requirement for brick and mortar. It's not a, you know, any type of temporary allowance, it's thou shalt. And then there is a, could you explain that one? I don't have the...

So there's a safety distance of 250 feet in regards to basically a radius around in regards to any type of public, you know, and that's going to interfere with what's going up.

That's a third reality.

But the other two are on the books. And so I think... And the other thing we would need to confirm is whether the conditional use permit would be required for this. And I think the conditional use would be required for this. But we would have to verify that.

But I think more importantly, we can't even entertain a one-year tent. You could give us a 10-day tent and we couldn't entertain it because it... That's a little bit sarcastic, but the point is, they couldn't just move even that. I appreciate you're moving in the right direction, but the issue is until that ordinance changes, and then there's the per capita. So again, you could get through the brick and mortar by deciding to build today, but you would still have to convince the village board

Did I not apply for a conditional use?

Well, and we can look at that. I believe you applied for the necessary use permits for the use. I may have erred regardless. I think there's still the policy issues. Those are ordinances that sit outside the zoning. Yes. The zoning says certain uses are allowed. It also says you've got to comply with all the other ordinances on the website. Sure, sure. And they happen to have

If there's any chance that this board would reconsider the next board meeting, if we get approval tonight,

but these guys are your, their focus is on land use zoning decisions and so they're a committee of the board. Zoning related matters come through here for recommendation and sometimes for approvals of certain things but you really need to talk to the board because the commission has no authority to change ordinance.

You've got the minutes.

Well right, I mean I wasn't there but And did you get the sense they were willing to change those?

Not at the meeting, but maybe afterwards. There was some further discussion.

Well, again, you can have those discussions. Certainly, if you want to pursue those. It's just this body is being asked to entertain the request in front of them. And right now, there are ordinances that prevent this from being a lawful reuse.

And there's no condition that can be put on the approval of?

change no because it simply doesn't comply right now there's an ordinance on the books that says this use wouldn't they're basically applying we would be approving something that's not legal or they not me they would be approving something that's not legal for village ordinance and it just we were asking basically last time when the board had basically said no

They basically were questioning, would we be too close with the 250 foot requirement? And also, it came out that with the ordinance, the village attorney was very concerned about the ordinance because of the limitations with only one business being allowed to conduct business in the town. So that's why we were asking for you to recommend to the board to amend the ordinance basically for this year to allow the one year tent sale so that there would be someone who could compete as well and not just one business would benefit from the ordinance.

I understand what you're saying. I saw the same correspondence from the attorney. But again, this I'm not trying to be technical or difficult. It's just that that is not a zoning or land division ordinance related matter. And so this committee is just simply not appropriate. They wouldn't be giving recommendations on village finances to the finance committee. This is simply not the right group. on these non-zoning matters, that they are certainly here to give recommendations on conditional use and use matters, I just think the board is the group you need to talk to directly about board matters, because this group just isn't the right group to weigh in on that part of it, because it's not, it's a licensing, or is it in licensing?

Yeah, it's in chapter 10. Okay. Basically offenses and danger and public safety specifically in regards to section 10.01 of D, Sub 1, fireworks sales, seller's permits, items. Right.

We're very aware of the ordinance completely. You understand? There's no need to, you know what I'm saying? Yeah.

No, and I'm not, again.

There's no special board meeting that can take place.

Well, I think somebody could have, there's probably a process to request it.

I've been reaching out to board members for months now with zero response. Gotcha. And we could have done this in April's meeting to maybe go into May's meeting with,

board now we're you know we're kind of we understood that the town has been very occupied with breck uh that that process so we were patient we paid attention to that we learned about that we definitely are within the 250 feet we know we all know what a football field looks like it's definitely within that range and we believe that breck qualifies as the public assemblage uh thing as well that's for like city halls churches things like that not a private uh soccer field

And again, I mentioned that four months ago, that could have been researched, but I guess it is not.

Are you guys aware of any, is there requests that you can pay for a special meeting if they want to?

Right now, I mean, the village board back in March denied the request to change the ordinance. That's what the board voted on back in March. If all of a sudden there's a change and stuff, it would take a trustee.

To bring it back to the board, I guess, just to point it out, there was some board members vacant or absent at that meeting. It wasn't a full board, even though it was a quorum. I do understand.

And I guess that's what we're here is we're hoping that we can bring it back to the board basically. People were still curious. I know we did get a no, but there were still people who wanted more information and liked us and said there were a lot of folks who weren't here.

It basically was second and conceded that more needed to be done about this. So we did wait a couple months to see if more would be done, but I guess more has not been done because we're still planning the same issues as three months ago.

What about if they wanted to bring forward a code amendment? I mean, I don't know if they have any interest in doing that. I mean, I know what you said, and you told them what you guys said, and I don't know how to do that.

This village went through, until we locked down what our code was in regards to the fireworks and stuff, it turned a number of years before this. I mean, this has been in play now for about 16 years. Prior to that, we had tents all over the place. We had people standing in the middle of the intersections, fireworks this, fireworks this, tent here, tent there. It turned into something that was not good for the area. That's why we ended up doing pretty much what we did. We don't want to turn into, you know, the board at the time and turning into, you know, a little... where we're having multiple, multiple stores. We felt at the time that one store was enough. We don't wanna turn into having multiple stores all over the place in regards to it because we felt that if we opened the door to multiple stores, it's gonna turn right away. And you're not the only one to come to us. There has been other fireworks places, I mean, they were bending over backwards to get their store in here, and the village said no. You know, because just did not want to, right around the area, you just have multiple, multiple, multiple fireworks stores.

I don't understand how adding R1, a landowner now, where you have a limitation of one where you can't bump it to two. I don't understand how approving us is going to open up your county to fireworks.

And then the next fireworks store is going to come in and say, well, you're doing it for them. Why aren't you doing it for us?

But at least two is a spare, sir. There's two everywhere. There's two in Raymond, which your ordinance was based off of. There's two everywhere except for Big Ben. And that business was given 16 years to make their money back. That was stated 16 years ago that nothing was going to be added because they wanted to respect the small business coming in and spending all their money. So they were going to make some money back. And now it's time. They made their money back. And it's time for a second business to be allowed to operate here. I don't understand how adding us would turn into 15 tents. It's just showing your bias, sir. It really is. It is, and I'll be blunt.

I'm going to be honest with you. When it comes to the board, if this is going to come to the board, sit on my lap, it's something that I'm not in favor of. And I'm being honest with you.

You seem to press everyone else. You seem to take control of the meeting at that board meeting and impose on everyone else. You didn't really say anything else.

No, but I've done my homework. I researched my organs to bring that up.

There was a lot of mentions by the board about some unfamiliar things about fireworks, like my container blowing up and making a blast radius. That shows to me that someone didn't do their homework. And we gave them three months now to do their homework, and there's still, there's still misconceptions being made. That public assemblage thing is not bright, sir. It's not. So... You can try and come up with things to prove your bias, but you're all wrong.

I understand. We're not trying to bring tents and flags and carnivals. We're trying to bring a fair competition and a fair market and a fair, you know, what's fair in commerce, right? I mean, it's not fair to have an organization that's in favor of one business for 16 years. They were able to have their tent, earn their money, build their building, and, you know, that was my dad's spot. They came in and competed, and then built their business, which is fair. But now it's been long enough, and we would like to build our, this is a neighborhood, this is a village that we love, that we were born in or near. And we would like to really bring a great business back to it. So we're just trying to assure you that we're not trying to bring tents and carnivals. I brought pictures of a world-class, beautiful red and white tent. That would really be great for just this year only. This is the 250th, and it's going to make 164 look fantastic. And we're going to make it look classy. We're going to take care of it. And we will not let you down. So I'm just trying to reassure you. I know you're concerned about the safety of the tents. So I have lots of people who will vouch for me. I have references. I can assure you that we're not going to bring anything that's not safe and absolutely traditional for the town. We were very patient this spring. If there's anything you can do to allow us to have our stand this summer, if there's any kind of code you can amend, we would definitely appreciate your effort. I'm Tina Hunt. I'm Dustin's sister. Thank you.

Well, I don't know whether to go from here. I mean, they have done a lot of work to get to where they are. And they have changed a few things, but it's the ordinance that we have to try to do something with. And I'm not even sure where we start with that. Is it with the board or is it public safety? It would start probably with public safety.

Is that meeting next week?

It is next week, yeah.

Too late to get on the agenda or are we still?

I'm not sure about that.

But I think it's maybe more, you've got a little more work cut out for yourselves in the following. A community can amend its ordinances or somebody can petition to amend an ordinance. I'm not hearing any interest in the community of just going out and amending its ordinances. I think you guys... that question and now you guys want to pursue it it's more than coming to a meeting it's about well okay so what do you want to amend it to I know what you're trying to do and that's to get your business started you're asking them to change their ordinance and so I think I think if you're trying to get something effectuated you need to bring you need to bring forward you know a request to it to amend whatever ordinances

and that more needs to be done and discussed about. So it seems like we did that, sir.

But it sounds like they didn't. No, it's okay. I wasn't there. It sounds like you got, you didn't get, well, I don't know.

We got a no, correct. Other people, there showed some interest, and there even was stated that more needed to be done, more research needed to be done, and I guess nothing was done.

We requested the time of the board again, but because of the emergency we didn't reflect, We weren't paid attention to.

I understand, but this was submitted in December.

Yeah, and I guess what I'd say is it sounds like you said in the after discussions, it sounds like you have the ear of a trustee. I don't know, and if you do, I also heard from Mr. Sonnenberg that a trustee could bring that forward for reconsideration. So I guess my recommendation is to talk to that trustee and go from there. Anybody have any other? Now, I guess for the group, do you want to provide them with additional time to work through the process? There was a staff that made a recommendation for denial based on the fact that these ordinances were in conflict. They're asking to, they're trying to see changes. There are two options.

We can either deny or table. Deny, table, or defer. Of course.

What happens if it's tabled?

It would come back next month. If we defer it, we can put it on a future agenda. It doesn't put a time limit on it.

For the ordinance, there's a timeline where you have to do publish it, public hearing, so you're talking two, three months. It's a tight window. To get a change to the ordinance.

I imagine in a month you're going to know if this is going to go or not, otherwise you don't have time, right? For the fourth? Correct. So I guess if there was an inclination to table it for a month, that's one way or another, if you guys want to grace them that.

I would say with everything that would have to be done, it's probably not going to be able to happen this year. I mean, the way it sounds, but at least if you were maybe to defer it, so if you want to try to keep this going and maybe get it done for next year. Yes, that would be great. But I don't know, with all the stuff that has to be Understood. And you guys, I'm sure, don't start ordering stuff like that. And that's pretty big.

So there's no way to do an emergency meeting for us, being that we were asking for time for the board for many months and were just ignored. Because I understand that we were ignored because of this big business opportunity with Breck. We were trying to be supported with that, but there's no way that we can get an emergency meeting to be considered for an amendment to the ordinance. I can't answer to that. That would be according to the village president.

Okay. Okay.

I thought that the 24-hour notice, I mean, I get, you know.

That's for just a regular meeting. Okay. For an ordinance change.

You have to have two meetings.

So we are already making plans for the building. You know what I'm saying? So if we could, we could table it, defer it, and we will continue working with building the building and present something to the board, a serious plan, to build a permanent structure without the tenants if they would allow the second sellers permit.

Well, it's something that would have to be brought to the board for that, right? So we're going to be achieving more than that stuff.

And we can work on that over the next year, basically, or even the next couple months to get approvals and we can start building plans. So we can at least go with that.

I mean, a year, I almost wonder if it's better for you guys to just withdraw your request, not have this body take any action, because it's going to be a different proposal altogether. Correct, you're right. I was only suggesting the table, if it was like one month where you can still get this thing, I don't know how that works a year from now. It's a totally different proposal. The ordinance could have changed. We may have a development next door. Who knows? Correct. I feel like if you're talking about a year, you don't have to decide. Well, I mean, these guys have to, I guess you do kind of have to decide because they have to decide what to do.

And I guess if we could keep it active, you know, we would need that approval because then we could, we would need to start building a couple, obviously, of the months to build. So we couldn't wait a full year to do this, but we could work on it over the next month.

This would be a totally different plan.

Yes. I mean, is there anything going to happen in a month? I think you basically have to start from scratch. Start with the ordinance change first, kind of take your ducks in a row, and then... Yeah, that's what we'll do.

That's what you'll do. You're just going to withdraw it?

Yes. Just provide something in writing? Yes, absolutely. Is there any, well I certainly appreciate your willingness, is there any other feedback from the committee at this point of if there was a provider or questions?

Maybe start the discussion about the building. We're hoping to build a 6,000 square foot building. We were hoping to wait for those sewer and water to come. We had no idea what was going to happen with that. But we're willing to make some, pay some extra expenses to the septic and our own tank or something like that until water and sewer is connected. We would request some containers outside, maybe up to four. And I know Commissioner Kennedy, you mentioned that was an issue. was given a couple little containers, maybe we can work something out. It is the safest way to store fireworks.

The concern with the containers is they need to be treated as an accessory structure. So all the rules that would apply, building a shed, having a foundation, and then it's A building, I mean, you can build a home out of containers because you can apply with the building code. And that's where the ordinance is that you can use a container if you treat it as a building and you follow the building codes. The concern with PREC was they may have kids in those containers and if they don't have lighting and exit paths, that's building codes.

And that's something we definitely can work on. Absolutely, sir. We thank you all for your time. Thank you. Trustee Sonnenberger, you too, sir. Thank you so much for your time and even talking about this. We'll talk more, I promise.

One of the things you're going to need to consider is if there is no sewer or water, you're going to need a sprinkler system. Yes.

Yes. Just like I'm thinking just like the American, I think they have tanks. That's what we'll have to do. So. But yes, I guess we'd be willing to withdraw this application and start fresh and work with the board to see if they'll allow the second . Thank you very much. Thank you all so much. Appreciate you. Take care.

Yeah. Go ahead. Take care, everyone. You guys are done already. We're done? Yeah. Yeah.

Well, awesome. We started early. I just came in to see you. I wanted to say hi then, I guess.

Thanks. It was all good.

Okay. Well, I guess while I'm here, did you discuss this one?

I was going to just go there, but I didn't get a chance.

I don't know if you guys remember the Planning Commission, but like... he's just this he's it's not a business or anything it's just private storage when i talked to kelly she's we had to go through this whole thing but i've got multiple people that are renting these for just personal storage do we still have to go through this whole lake lake park we had we had we had like an exemption for that that if it's if it's private storage there was certain paperwork to fill out um

if there were certain triggers.

I've worked with communities where we, because we have in Polk, they have like rise development and a lot of these sort of work play units and they're tricky because some things are storage. All of a sudden you find the guys working in there and there's no sprinklers. But we do have a process because some reviews are simple and don't need to come in from a commission because they don't know what they're reviewing versus things that there's a It doesn't have concerns about what's being stored in there. If there's ammunition and police, whatever it is, you just want to go through. It would still have to be some at least knowledge. Yeah, no.

You know what I'm saying? It was written into the link. Yeah. Devolvers are getting it. And this building's scary.

in some staff level review of simple, simple stuff, I think they could direct them.

I know I got another one coming up that'll be exactly the same.

I think those are things where you probably have to write it into your ordinance, but if there are straightforward things where it's like, why are we having people go to meetings?

Where's the cutout size-wise for having this done? You have storage units, and then you have storage units.

That's right. It's not straightforward. Well, we'll merge them. One's a rental and one's an ownership. Well, these are rentals. Right.

Yeah, this isn't like park. This is like an extreme experience.

So this is rentals like commuters, but bigger. So everybody is going to have to get an occupancy to store something there. So where is that cut off? Is it 500 square feet or is it 200, 300, 400, you know what I'm saying? And then there's personal. Business storage. Right, so it's just personal storage. I'm just saying, I think it wastes a lot of people's time

Why wouldn't just one of the staff be gone? Well, some of it's just by right. Because if you had self-storage, if you had an approved self-storage facility, you all would have approved it. And then they just lease to people. They come in and out and store their stuff. It doesn't go to anybody. A new tenant in one of those spaces is a reoccupancy. That's kind of what we're talking about. A reoccupancy of existing space where they're not making any changes. But sometimes... this user has a huge water demand, right? And they're on a septic system. And the tank is only sized, or there's a need for separate trap for whatever they're discharging, or whatever it is. Sometimes there's a need for review. It doesn't always have to go in front of a plant question, you know?

Yeah, when I talked to Kelly, she said, yeah, absolutely.

Well, I mean, right now it does, is what I'm saying. needs the review, the qualitative review comes to the Planning Commission. You just got to write it in here. I don't think your code is set up that way. It probably just says, like most, anything commercial changes, go to Planning Commission.

Okay, just so I know for the future, that's all.

Yeah, so, but if they want to get us, it's not a bad idea. You need storage buildings.

I'd like to know what's in them.

Yes, you would.

And I want to make sure that this person that's storing it tells me exactly what he's doing.

Well, an inspection is sometimes... Yeah, but I can't get into these buildings without an inspection. Well, but if there's a process... Some of them I can't.

Some of them I can't.

But I mean... Sure we can.

I got a Halloween tool. I know, sir. Why? When I got a... Jamie?

You do have a list with all the phone numbers. You can call and make an appointment. I can make an appointment with my foot. I can come at any time, any way.

Well, if there's nobody in the place, there's nobody there. So you make an appointment. Exactly.

You want to have keys to all the storage units? At a certain time, there are people there. And they go by and see you. and they see me, all of a sudden the doors are locked and they're going to close. Here comes Bill. So, I mean, we've got all this stuff going on in Lake Marcando. Basically, it was supposed to be historic, basically it was supposed to be this, this and that. All of a sudden you've got a sweetball or a super sucker company in there cleaning up stuff and so forth and they're changing their oil and everything else and you can tell exactly where they are because when the trucks are pulled out You can see the tracks from the oil and stuff that they bring in.

Anything you can monitor every single place and tell them that you're a better man than I. Thank you. Because it cannot be done. Yes, it can be done. Come on, Bill. You know what? Somebody's going to be changing their oil, for God's sake. Yeah, I agree.

Okay, well, thank you. I guess we'll just do the occupancy as it is, and then you guys can make the decision moving forward.

The other thing I'd like to get on there, I don't know if it's out of order or not, but I talked to Katie about this, and her and I agree that when people take occupancy of these buildings and so forth and everything else, that they've got their occupancy permit right up in front of their front door. So when I come in there, I know that they've gone through this meeting. If not, that's fine. It would be a thing I'd like to have taken care of and done in the past and in the future. And they're not have taken the occupancy permits and they haven't done it. And Jamin is telling them not to or Mr. Peterson here likes people not to do it or whatever.

Nobody said not to do their occupancy permits, you know.

Yeah, we can find them. You want that in the right there? Why don't you keep this one open here.

I have a final client's report. I have no report tonight or I forgot your name. I don't know your report.

6 bill fire inspectors report inspectors are still going on everything is fine excellent anything from jason i have nothing received report you should all have a copy of it um highlights next month we're going to be having a public hearing because we have to update chapter 15 land division ordinance um with the appropriate paperwork so we can get it in the paper. That way you guys will all have a look at it before the public hearing. There are certain things that were changed as a result of the changing of the law and there were a few old statute preferences that were no longer correct. Basement groundwater, we talked about that with the Stricklers earlier. I think we ought to be updating our erosion control ordinance because that probably And we need to make sure it gets in there. I verified that the village did get a match grant from the DOT for Vernon Lane in the amount of about $35,000. Jamie, you asked me earlier tonight for a cost estimate. I will get that over to you as soon as I can. Got a couple of ditching and culvert projects. One on Sunset View Drive. There's a but that used to be owned, I think, by Larry Myers, that one home just to the south of that detention pond. Neighbors are upset about his cattails in his ditch, but when you go out there, it looks like they're the ones that are contributing all the water, and that's why there's cattails in the ditch. Waiting to hear back, we've provided insight to their contractor, and then the other one is Mark Singer, I think it is, over on Parkview Drive. underneath the power poles he wants to put in a culvert there. Haven't been able to find anything relative to the construction plans for that development. I may have to call ADI in order to get that. MS4 map needs to be updated. Bordeaux Fields is moving along. It sounds to me like we're going to be doing a proof roll on that on Tuesday so they can start graveling the roads so that thing potentially could get paved by early to mid-June. Eric also asked us to attend a webinar, a funding webinar, because of all the flooding. As you may know, what was it, Waukesha, Milwaukee, and Ozaukee were declared a federal disaster area, and there is emergency funding available. One of the things that I thought, because Eric indicated there was upgrading that storm sewer system down into the Lake Park Lake. I don't have a real good feeling on what that would entail. I have to look a little more carefully at the construction plans through Lake Park, just to make sure we have sufficient depth. But I don't think you can go from a 15 to a 60, but you might be able to upgrade the pipes a little bit and get the water out there going a little more readily. It's more a question of what can and can't be done for a nominal fee, for lack of a better term, because if you don't get funding, you're probably not doing anything at that point. That's it. Awesome.

Thank you. Correspondents in? Nothing. Next meeting, Thursday, June 18th, 7 p.m. I'll make a motion to adjourn. Any further discussion? All in favor? Aye. Opposed? I want an escort out of the building. I'll take care of you later. Don't fall through the chair now.