Plan Commission

MINUTES EAST TROY PLAN COMMISSION 2015 Energy Drive 6/8/2026 6:30 PM Call to order- President Johnson called the meeting to order at 6:30 p.m. Pledge of Allegiance Verification of open meeting notice – Clerk Smith verified the meeting had been posted according to open meetings laws. Roll call: Present: President Johnson, Trustee Bryan Harding, Commissioners John Merath, and John Stephan Excused: Administrator Suhm, Commissioners Roger Hayes and Jacob Lederhaus Resigned: Commissioner Jennifer Olson Others: Zoning Administrator Sumwalt, Clerk Smith Approval of Minutes – April 13, 2026 Motion by Trustee Harding, second by Commissioner Merath, to approve the minutes as presented. Motion carried. Ordinances/Code Amendments 1. Conditional use amendment application for an “outdoor commercial entertainment” use to increase the number of special events allowed, include the use of a tent in the parking lot for shade in lieu of the previously approved pavilion, and to amend the indoor and outdoor sale and consumption of alcohol and an associated site plan amendment on the LD’s BBQ property located at 2511 Main Street bearing Tax Parcel No. RA501100001; Leon Davis (The BBQ Pit, LLC), applicant (Brad Jones, agent); (application 2026-06). A. Public hearing President Johnson opened the public hearing at 6:34 pm. Zoning Administrator Sumwalt provided an overview of the request and reviewed the history of past Conditional Use Permits (CUPs) and amendments for LD’s BBQ. He noted that the previous versions of their CUP allowed for up to 15 outdoor events per year, included plans for a pavilion, and permitted the indoor sale of prepackaged alcohol, except during outdoor events. The petitioner is now requesting the following: • approval to increase the number of outdoor events from 15 to 19 per year and to utilize temporary tent for shade in place of the previously proposed pavilion. The request includes a parking plan with striped and unstriped spaces on the west side of the property, along with designated areas for pedestrian circulation and alcohol consumption.  • Approval for the indoor sale of alcohol to include mixed drinks • Approval for the outdoor sale and consumption of alcohol as part of the restaurant operation, limited to the outdoor patio area. • Replacement of the existing beverage cart with a portable outdoor bar. The petitioner presented photographs demonstrating how the proposed portable bar would be positioned directly adjacent to the building. While the structure would extend slightly into the drive aisle of the parking lot, adequate space would remain to maintain access for emergency vehicles. The proposed event tent would be located across from the stage area at the front of the building, and all designated drinking areas would be clearly marked. Approval from the Village Board would be required to amend the current liquor license. This amendment would authorize the use of the portable bar, and permit an expanded outdoor licensed premises area for both special events and regular operating hours. Commissioner Stephan asked how the business would prevent people from walking off site with alcohol, to which owner Leon Davis replied that his staff are given instructions to monitor this and that anyone who would be caught doing this would be banned from future Bike Night events. President Johnson asked Mr. Davis if he would like to request that the CUP provision that the special events be transferable to a new owner of the LLC, as the current language does not permit those events to be transferred to a new owner. Mr. Davis said that he would. President Johnson closed the public hearing at 7:04 pm. B. Discussion and recommendation to the Village Board Motion by Commissioner Stephan, second by Commissioner Merath, to recommend approval to the Village Board of the Fourth Amendment to the Conditional Use for a restaurant with an outdoor patio, the indoor and outdoor sale and consumption of alcohol and outdoor commercial entertainment events for Leon Davis (The BBQ Pit, LLC) for the property located at 2511 Main Street (RA501100001) subject to the terms in the draft conditional use order, and for the Conditional Use for Special Events to be transferable to any future owner of The BBQ Pit, LLC. Miscellaneous Business 2. Site plan and architectural review for a proposed wood fence for the Climbing Tree Childcare property located at 3147 Main Street (RXUP 00198); Colleen Anderson (The Climbing Tree Childcare & Family Education Center, Inc.), applicant (application 2026- 08) a. Discussion and action by Plan Commission Zoning Administrator Sumwalt provided a summary of the petitioner’s request to construct a fence to enclose property to the south that they had acquired last year. Portions of the existing fence would need to be removed to accommodate the project. He went over the proposed site plan, and the sizes and types of fencing proposed. He also noted that the petitioner would need to receive a fence permit from the building inspector. Motion by Trustee Harding, second by Commissioner Merath, to approve the Site Plan Amendment Request for Colleen Anderson (The Climbing Tree Child Care and Family Education Center Inc.) for the property located on 3147 Main Street, East Troy, WI 53120, subject to the 11 conditions listed. 3. Discussion related to regulating the location of smoke and vapor shops. Zoning Administrator Sumwalt explained that the Plan Commission had directed him to evaluate the Village’s ability to regulate the location of smoke and vapor shops following concerns raised by parents about the proximity of a now closed vape shop to a public school. He reported that he had researched the Village’s legal authority and confirmed that the State of Wisconsin does permit municipalities to regulate land uses through zoning in order to promote public health, safety, and welfare, including separation of sensitive uses such as schools. Currently, under the Village’s zoning code, vape and tobacco retailers are classified under the Indoor Sales or Service land use pursuant to commercial land uses. These are Indoor Sales or Service uses within commercial land use classifications. These uses are permitted in multiple zoning districts and are allowed as a conditional use in the Central Business Transition District. Mr. Sumwalt recommended that any distance requirements from schools be established through zoning regulations rather than business licensing, as zoning is the appropriate legal mechanism for controlling land use locations. He advised that a school setback requirement be adopted through a zoning code amendment, noting that a separation distances of 500 and 1,000 feet are commonly used. He also provided examples of ordinance language and regulatory approaches from the City of Brookfield. The Plan Commission requested that the Brookfield model be further reviewed to determine how similar regulations could be adapted for implementation in the Village of East Troy. Recommendations for Future Agenda • Subject to direction from Plan Commission. Zoning Administrator Sumwalt reported that the building inspector identified a need for clarification in the zoning code regarding the allowable percentage for detached garages. This item will be revisited at a future meeting for further review and discussion. Next Meeting: July 13, 2026, at 6:30 pm, if needed Adjourn Motion by President Johnson, second by Commissioner Merath, to adjourn. Motion carried at 7:36 pm. Respectfully submitted by Dannett Smith, Clerk Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg