PC TB Packet 9-2-26

TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD AGENDA September 2, 2026 TIME: 6:30 PM PLACE: Town Hall W320S8315 Beulah Road 1. Call to order 2. Open meeting noticed 3. Roll call A. Plan Commission B. Town Board 4. Meeting minutes from July 1, 2026 A. Joint discussion by the Plan Commission and Town Board B. Plan Commission action C. Town Board action 5. Meeting minutes from July 8, 2026 A. Joint discussion by the Plan Commission and Town Board B. Plan Commission action C. Town Board action 6. Meeting minutes from August 5, 2026 A. Joint discussion by the Plan Commission and Town Board B. Plan Commission action C. Town Board action 7. Review and consideration of a special exception to exceed the maximum allowable detached accessory building floor area for a proposed accessory structure at property NOTICE: The Spring Lake Utility-Scale Solar, Conditional Use request is anticipated to be reviewed on October 7, 2026, but is not currently scheduled on a Town meeting agenda. Please refer to the Town’s officially posted meeting agenda to confirm the date and time of consideration. Joint Plan Commission and Town Board Agenda – Continued September 2, 2026 Page 2 _____________________________________________________ located at S78 W30182 Sugden Rd. (Tax Key No. MUKT 1912.996); Ryan Koch (applicant); Application 2026-26. A. Joint discussion by the Plan Commission and Town Board B. Possible recommendation by Plan Commission to Town Board C. Possible action by the Town Board Details online: https://s.zoninghub.com/QMLFO20Y1T 8. Request to Expand a Legal Nonconforming Building at W330 S6787 County Hwy E (Tax Key No. MUKT 1896.998.003); Susan Rockteacher (applicant); Application 2026- 25. A. Discussion by Plan Commission B. Possible action by Plan Commission Details online: https://s.zoninghub.com/6WAO2LN54E 9. Conditional Use Permit amendment and amended Site Plan / Plan of Operation for agritourism and related farm-based commercial activities at Schuett Farms LLC, W299 S6370 State Road 83 (Tax Key Nos. MUKT 1878.999, MUKT 1878.999.001, MUKT 1878.998, and MUKT 1877.998); Schuett Farms LLC (applicant); Rob and Brian Schuett (agents); Application 2026-20. Public hearing was adjourned at the July 8, 2026 meeting. A. Continuation of Joint Public Hearing by Plan Commission and Town Board B. Possible recommendation by Plan Commission to Town Board C. Possible action by the Town Board Details online: https://s.zoninghub.com/BHMKODV5SW 10. Report by Building Inspector regarding any alleged or outstanding violation(s) A. Update from Building Inspector B. Possible action by the Town Board 11. Town Planner report 12. Recommendations for future agendas 13. Miscellaneous updates (if any) A. Phantom Lake Management District B. Fox River Commission 14. Next meeting date(s) Joint Plan Commission and Town Board Agenda – Continued September 2, 2026 Page 3 _____________________________________________________ • September 9, 2026 if needed to finish business from September 3, 2026 • October 7, 2026 – regular meeting 15. Adjournment - Plan Commission 16. Adjournment - Town Board Please Note: • The order of items on this agenda is for convenience of reference. These items may be taken out of order upon request of the Town Board and/or Plan Commission. • Upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities through appropriate aids and services. For additional information or to request this service, contact Kathy Karalewitz at 262-363-4555. • The Plan Commission and/or Town Board may impose reasonable time limits on public comments during any public hearing. TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday July 1, 2026 Chairman Topczewski called the meeting to order at 6:37 p.m. and stated the meeting had been appropriately noticed. Roll Call Plan Commission: Commissioners, Bratz, Moulas, Usarek, Schuett, Supervisor Clabault and Chairman Topczewski were present. Commissioner McNelly-Bell was absent. Town Board: Chairman Topczewski, Supervisors Boucher, Clabault, and Yerke were present. Supervisor Wrasman was absent. Also present: John Macy, Town Attorney; Kelly Mueller, Deputy Clerk-Treasurer; Ben Greenberg, Town Planner Meeting minutes of June 3, 2026 Plan Commission Action: Motion by Commissioner Bratz to approve the minutes of June 3, 2026 as presented, second by Commissioner Schuett, all in favor; motion passed. Town Board Action: Motion by Supervisor Boucher to approve the minutes of June 3, 2026 as presented, second by Supervisor Clabault; all in favor; motion passed. Public Hearing was noticed properly, the agenda did not notice the public hearing Chairman called the public hearing open at 6:42pm 5. Conditional Use Permit amendment and amended Site Plan / Plan of Operation for agritourism and related farm-based commercial activities at Schuett Farms LLC, W299 S6370 State Road 83 (Tax Key Nos. MUKT 1878.999, MUKT 1878.999.001, MUKT 1878.998, and MUKT 1877.998); Schuett Farms LLC. (applicant); Rob and Brian Schuett (agents); (Application 2026-20). Plan Commission Action: Motion by Commissioner Bratz to adjourn the public hearing to July 8 th at 6:30pm. Second by Commissioner Moulas. All ayes, motion passed. Town Board Action: Motion by Supervisor Boucher to adjourn the public hearing to July 8th at 6:30pm. Second by Supervisor Clabault. All ayes, motion passed. Preliminary subdivision plat for Autumn Run, a 17-lot residential development with 1 outlot on 54.23 acres, located at W310S8471 CTH I (MUKT1936999003); Ronald Lambert, Jr. (owner) Ryan Janssen (agent) (application 2026-17) The planner gave an overview of this staff report dated June 19, 2026 Plan Commission action: Motion by Commissioner Bratz to recommend to the Town Board the approval of the preliminary plat, subject to the conditions listed in Ben Greenberg’s staff report. Second by Commissioner Schuett. All ayes, motion passed. Joint Plan Comm/Town Board Minutes July 1, 2026 Page | 2 Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Planning Commission. Second by Supervisor Yerke. All ayes, motion passed. Review of development agreement for Autumn Run, a 17-lot residential development with 1 outlots on 54.23 acres, located at W310S8471 CTH I (MUKT1936999003); Ronald Lambert, Jr. (owner) Ryan Janssen (agent) (application 2026-17) Planner gave an overview of staff report dated June 26, 2026 Joint discussion followed Town Board Action: Motion by Chairman Topczewski to move the item to the board meeting on July 15, 2026 at 6:30pm to allow the attorney to review. Second by Supervisor Boucher. All ayes, motion passed. Review and consideration of a Rural Accessory Building Determination pursuant to Article 5, Division 17, of Chapter 36, for multiple accessory buildings at property located at S78 W29936 Frog Alley Rd. (Tax Key No. MUKT1915998005); Don DeBack (owner) (Application 2026-21). The planner gave an overview of his staff report dated June 19, 2026. The applicant gave reasoning for the Rural Accessory Building Determination Discussion followed Planning Commission Action: Motion by Commissioner Clabault to recommend approval to the Town Board of the request for a Rural Accessory Building Determination for the barn and silo, and milk house. located at S78 W29936 Frog Alley Road, subject to the conditions contained within the staff report and approval from the building inspector, and based upon the findings that the structures are characteristic of past agricultural practices and rural life and satisfy the review criteria of § 36-514 of the Town of Mukwonago Zoning Code. The garage, and shed would be excluded. Second by Commissioner Usarek. All ayes, motion passed. Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Planning Commission. Second by Supervisor Yerke. All ayes, motion passed. Review and consideration of special exception requests pursuant to Chapter 36 to exceed the maximum allowable detached accessory building floor area and maximum allowable building height for a proposed accessory structure at property located at S96W32528 Valley Court Rd.(Tax Key No. MUKT1986999004); Dawson Greenwald and Brooke Zander (owners) Josh Obert – Walters Buildings (agent) (Application 2026-18). This item was tabled at the June 3, 2026, Plan Commission and Town Board meeting. Applicant spoke Joint discussion followed. Planning Commission Action: Motion by Commissioner Bratz to recommend to the Town Board approval of the special exception requests to exceed the maximum allowable accessory building floor area and maximum allowable accessory building height based on the findings and conditions in the staff report. Second by Commissioner Schuett. The vote was tied, the motion Joint Plan Comm/Town Board Minutes July 1, 2026 Page | 3 did not pass. Chairman Topczewski, Supervisor Clabault, and Commissioner Moulas were opposed. Supervisors Schuett, Bratz, and Usarek were in favor. Town Board Action: Motion by Chairman Topczewski to table the item to the Board meeting July 15th at 6:30 to have all five board members present. The board vote would be 2-2. Second by Supervisor Boucher. All ayes, motion passed Report by Building Inspector regarding any alleged or outstanding violation(s) none Town Planner report none Recommendations for future agendas review special exception for accessory buildings for floor area and height ordinance and review information for codes from neighboring communities Miscellaneous updates A. Phantom Lake Management District none B. Fox River Commission none Next meeting date: July 8, 2026 for the public hearing Adjournment Plan Commission action: Motion by Chairman Topczewski to adjourn at 8:39p.m., second by Commissioner Bratz. All ayes, motion passed. Adjournment Town Board action: Motion by Supervisor Boucher to adjourn at 8:39p.m, second by Chairman Topczewski. All ayes, motion passed. Respectfully submitted, Kelly Mueller Deputy/Clerk-Treasurer Unapproved TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday July 8, 2026 Chairman Topczewski called the meeting to order at 6:30 pm and stated the meeting had been appropriately noticed. Plan Commission: Commissioners, Bratz, Moulas, Usarek, Schuett, Supervisor Clabault and Chairman Topczewski were present. Commissioner McNelly-Bell was absent. Town Board: Chairman Topczewski, Supervisors Boucher, Clabault, and Yerke were present. Supervisor Wrasman was absent. Also present: John Macy, Town Attorney; Kelly Mueller, Deputy Clerk-Treasurer; Ben Greenberg, Town Planner Commissioner Schuett made notice to recuse himself. The Chairman read item 5 as follows: Conditional Use Permit amendment and amended Site Plan / Plan of Operation for agritourism and related farm-based commercial activities at Schuett Farms LLC, W299 S6370 State Road 83 (Tax Key Nos. MUKT 1878.999, MUKT 1878.999.001, MUKT 1878.998, and MUKT 1877.998); Schuett Farms LLC. (applicant); Rob and Brian Schuett (agents); (Application 2026-20). The Chairman opened the public hearing at 6:33 pm Mr. Greenberg gave an overview of the Request for Conditional Use and Amended Site Plan of Operation for agritourism and related farm-based commercial activities at Schuett Farms, LLC. The following people spoke: Brain Schuett, W290S6585 Holiday Road stated the following:  He clarified live music would not be bands or concerts;  Beer gardens would be an accessory to other events, would not be the main event.  All activities would have agricultural educational related activities.  Expanded parking would be their hay field and bad weather would cancel event so not to ruin that field.  Adding a deceleration lane from neighbors’ driveway to their driveway. Chairman Topczewski asked  About the state highway department  about the number of people that would be at events Rob Schuett spoke:  confirmed with the state highway department and will add the deceleration lane Brian Schuett spoke:  number of attendees depends on the event Joint Plan Comm/Town Board Minutes July 8, 2026 Page | 2  parking area can hold 500 vehicles John Macy expressed concerns about the number of portable toilets Rob Schuett replied:  they currently have portable toilets and  they have availability to call supplier to add more portable toilets Commissioner Usarek asked about protection such as having a tent  Brian Schuett said they do have tents Supervisor Yerke asked  about a retail store.  About the use of monster trucks  Operations of the hunting preserve  How much area does each fire pit cover Rob Schuett replied:  Rob Schuett stated they were not ready at this time to build the store.  they took monster trucks out of the application  Stated hunting would not be operating while other activities are occurring.  Brian Schuett explained when they would have the fire pits in operation Supervisor Clabault questioned the following:  Activities in the winter;  Some kind of oversight when having wine and beer gardens;  Concerned about amplified music, and limiting the number;  Concerned with sanitary issues; and  the purpose of baby showers and birthday parties and how they relate to farm event.  Brian Schuett stated no activities are currently planned except the Christmas tree sales. Jeff Torzala W316S7739 Lakecrest Dr spoke regarding:  His experience with beer gardens. Jake Palubicki W323S7548 Park Ridge Dr. spoke regarding:  Beer gardens and experience of handling permits with the state. Supervisor Boucher questioned the following:  Packing and brewing of the beer garden. Chairman Topczewski stated the following:  Overserving at the beer garden events. Mr. Torzala stated they have had Responsible Beverage training. Supervisor Clabault questioned the following: Joint Plan Comm/Town Board Minutes July 8, 2026 Page | 3  food trucks and how it relates to farming, and if they are allowed on commercial properties. Dana Coleman S80W30764 Meadowlark Circle stated:  She is owner of Mama Bear catering and Incognito Kitchen. Offering balanced meal of farm menu, uses beef and corn from the farm. Chairman Topczewski questioned farm to table meals; are meals prepared onsite. Supervisor Clabault also asked about hand washing. Brain Schuett emphasized the importance of preserving the farm for generations. Chairman Topczewski asked if anyone wished to speak to come up to the microphone, state their name and address. James Ryan W290S6605 Holiday Rd stated:  He supports the expansion. Dawn Ryan, W290S6605 Holiday Rd. stated:  She supports the expansion. Schuetts’ are great neighbors and don’t want to see the land developed. Mark Koening W254S7365 Glenview Dr. stated:  He supports positive community impact. Drives the tractor and gets asked many questions about having other activities by customers. Damion Campbell S67W29633 County Road I stated:  He lives across from the farm. Has taken his family there for many years. Supports the expansion for the community. Mike Zaddack W301S3701 Snowdon Dr. Town of Genesee stated:  He supports the agritourism expansion. Creates a community where people want to live. Laurie Hollern S64W27645 River Rd. stated:  She grew up on the farm. In support of education of agriculture. Paul & Jodi Brunner S63W30455 Road X stated:  They encourage the expansion. Excited about the farm staying there. In support, and have seen no impact to them with activities that have happened. Chairman Topczewski read letters: Randy Kamps W299S6316 State Road 83; Neighbor in support of activities. Doug and Julie Buth, W289S6630 Holiday Rd. are in support of activities. Mike Rather W289S6560 Holiday Road; in support of activities. Joint Plan Comm/Town Board Minutes July 8, 2026 Page | 4 Greg and Laurie Bareta, W291S6750 East Woods Ct. Mukwonago; Opposed to the proposal, due to noise concerns, traffic concern, alcohol sales, light pollution, no evidence of a community benefit. Matt Gluszcz W298S8195 Pheasant Fields Drive; In support of activities and have taken children there along with field trips. Excited for more activities. Julie Pfeil W289S6644 Holiday Road, supports the educational opportunities. Mark and Jeanne Ormsby S68W29410 Valley Woods Pass have been buying beef for 30 years, supports the farm. Stephanie Merkle W290S6600 Holiday Road supports family farm, and investing in the farm. Wisconsin Agricultural Tourism Association, Sheila Everhart, Executive Director, in support. Kim and Scott Wollenzein S67W29867 County Road I are in support; Good neighbors for over 30 years, will contribute to the community. Brian Schuett stated the following:  They will not have helicopter rides, explained how the land has lots of natural screening, will be doing the deceleration on Hwy 83, no traffic incidents in the last 30 years on 83 from traffic from the farm. Mr Greenberg talked about the original CUP and Exhibit A. The Chairman read through each row in exhibit A and asked each member if they have any comments. The Chairman advised the members to prepare for the next meeting with their requirements and specifics for the approval. Next meeting: August 5, 2026 Plan Commission action: Motion by Chairman Topczewski to adjourn the public hearing to Aug 5 th at 6:30, Second by Supervisor Clabault. All ayes, motion passed. Town Board Action: Motion by Supervisor Clabault to adjourn the public hearing to Aug 5 th at 6:30, Second by Supervisor Yerke. All ayes, motion passed. Next meeting date: August 5, 2026 Adjournment Plan Commission action: Motion by Chairman Topczewski to adjourn at 9:25p.m., second by Commissioner Bratz. All ayes, motion passed. Joint Plan Comm/Town Board Minutes July 8, 2026 Page | 5 Town Board action: Motion by Chairman Topczewski to adjourn at 9:25p.m, second by Supervisor Boucher. All ayes, motion passed. Respectfully submitted, Kelly Mueller Deputy/Clerk-Treasurer Unapproved Town of Mukwonago Joint Plan Commission and Town Board Meeting Minutes August 5, 2026 Chairman Topczewski called the meeting to order at 6:30 p.m. and stated the meeting was properly noticed. ROLL CALL: Chairman Topczewski and Kathy Karalewitz, Administrator/Clerk -Treasurer were present. Meeting Minutes from July 1, 2026 No action taken due to lack of quorum Meeting minutes from July 8, 2026 No action taken due to lack of quorum RURAL ACCESSORY BUILDING DETERMINATION PURSUANT TO ARTICLE 5, DIVISION 17 OF CHAPTER 36, FOR AN ACCESSORY BUILDING AT PROPERTY LOCATED AT S778W30182 SUGDEN RD, TAX KEY NO. MUKT1912996; RELENTLESS PROPERTIES LLC, OWNER; RYAN KOCH AGENT No action taken due to lack of quorum CONDITIONAL USE PERMIT AMENDMENT AND AMENDED SITE PLAN/PLAN OF OPERATION FOR AGRITOURISM AND RELATED FARM-BASED COMMERCIAL ACTIVITIES AT SCHUETT FARMS, LLC, W2999S6370 STH 83, TAX KEY NO. MUYKT1878999, 1878999001, 1878998 AND 1877998; SCHUETT FARMS LLC, AP PLICANT; ROBERT AND BRIAN SCHUETT, AGENTS; PUBLIC HEARING WAS ADJOURNED AT THE JULY 8, 2026 MEETING. No action was taken due to lack of quorum. Chairman Topczewski stated that due to a lack of quorum we cannot proceed with the CU permit amendment which was previously adjourned on July 8, 2025 and continued to August 5, 2026. Due to lack of quorum for August 5, 2026 this matter will be taken up at the September 2, 2026 meeting. All other items that appear on the agenda will be put on the agenda for the September 2, 2026 meeting. Respectfully submitted, Kathy Karalewitz Administrator/Clerk-Treasurer Not approved Cedarburg • Green Bay • Madison • Menomonie • New Berlin STAFF REPORT Community Infrastructure • Architecture • Environmental Services 16505 W. National Avenue New Berlin, WI 53151 262-204-2360 www.cedarcorp.com Date August 22, 2026 To Town of Mukwonago Plan Commission and Town Board From Ben Greenberg, AICP – Town Planner Meeting Date September 2, 2026 Request [2026-26] Special exception request to exceed the allowable detached accessory building floor area. Property Location S78W30182 SUDGEN RD – MUKT1912996 Applicant RELENTLESS PROPERTIES LLC (owner); Ryan Koch (applicant) Exhibits Exhibit A – Submittal Information General Description The applicant is requesting approval of a special exception to exceed the maximum allowable floor area for a detached accessory building in the A-1 Agricultural District. The request is associated with a proposed two-lot Certified Survey Map (CSM) involving the property located at S78W30182 Sugden Road. The proposed CSM would create a 5-acre Lot 1 containing the existing farm residence and the subject detached accessory building, with an approximately 18.3 acre property comprising Lot 2. The existing detached accessory building measures approximately 40 feet by 50 feet, or 2,000 square feet. Under the A-1 District standards, a 5-acre lot is permitted up to 1,500 square feet of detached accessory building floor area by right. Accordingly, the building would exceed the allowable floor area by approximately 500 square feet following creation of the proposed 5-acre lot. Page 2 of 5 B ackground The subject property is located at the northwest corner of State Highway 83 and Sugden Road, with existing access provided from Sugden Road. The property is presently developed with an existing farm residence with detached accessory building and includes additional agricultural lands. The surrounding area is characterized by a mixture of agricultural and rural residential uses. Agricultural lands and farm uses are located generally to the north and south. Rural residential lots are located immediately west of the property, while the Briarfield Manor subdivision is located east of the property across State Highway 83. A substantial wooded area and established tree cover provide separation between the existing accessory building and the nearest residential properties to the west. The detached accessory building has existed on the property for approximately 45 to 50 years. The building, which is currently painted orange, appears to be used for personal storage and storage of farm equipment. The special exception is not being requested to construct or enlarge the building, but rather is necessary because the proposed CSM would place the existing 2,000-square-foot building on a 5-acre lot. The applicant has also submitted renderings depicting a proposed exterior color change for the building and has indicated a willingness to repaint the building as a condition of approval. Review Criteria The Plan Commission and Town Board in making its decision shall consider the following factors: (1) the size of the subject property in comparison to other properties in the area; (2) the extent to which the issuance of the special exception permit would be in keeping with the overall intent of this chapter; (3) whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception permit; (4) the nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception permit was granted; (5) the nature and extent of anticipated positive and negative effects on properties in the area; (6) actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception; (7) a factor specifically listed under a section of this chapter authorizing the issuance of a special exception permit; and (8) any other factor that relates to the purposes of this chapter as set forth in s. 36-5 or as allowed by state law. The following determinations are also required: (9) The architecture of the proposed detached accessory building is compatible with the dwelling unit; (10) The proposed detached accessory building will not be adverse to the public health, safety or welfare; Page 3 of 5 (11) The proposed detached accessory building will not be in conflict with the spirit or intent of this chapter; and (12) The proposed detached accessory building will not otherwise be detrimental to the town or the immediate neighborhood where the structure would be located. (13) The detached accessory building has no more than four side-by-side vehicles facing the right- of-way from which the dwelling unit has street access. (14) The detached accessory building is not used for any commercial or industrial purposes, except as otherwise allowed by the chapter. (15) The detached accessory building complies with all other requirements of this chapter. Staff Analysis The proposed accessory building complies with the A-1 Agricultural District dimensional standards as follows assuming a five (5) acre parcel: Allowed/Required Proposed Complies? (Yes/No) Maximum Building Coverage 21,780 sq. ft. (10%) ~4,600 sq. ft. (2.1%) Yes Maximum Floor Area of Detached Accessory Buildings 1,500 sq. ft. ~2,000 sq. ft. No Max. Accessory Building Height 18 ft. 14 ft. Yes Total Allowable Accessory Buildings 1 1 Yes Minimum Offsets 20 ft. ~92 ft. (side) Yes The proposed special exception differs from a request to construct a new oversized accessory building. The 2,000-square-foot building is an existing component of the farmstead, and no enlargement or other physical site alteration is proposed. The need for the special exception results from the proposed land division and resulting 5-acre size of Lot 1. Increasing the proposed size of Lot 1 to approximately 10 acres would allow the building to remain without a special exception. The Zoning Ordinance identifies several factors to be considered when reviewing the proposed special exception to exceed accessory floor area. Staff has evaluated the proposed project against those factors as follows: (1) Property Size and Area Context. The proposed CSM creates a 5-acre homesite with an approximately 18.25-acre vacant lot. The surrounding area includes agricultural lands, rural residential development, and Briarfield Manor across Highway 83. (2) Consistency with Ordinance Intent. The request would allow an existing 2,000-square-foot accessory building to remain on a 5-acre lot where 1,500 square feet is permitted by right. No new or expanded accessory building is proposed. (3) Unique Circumstances. The building has existed as part of the farmstead for approximately 45–50 years. The need for the special exception results from the proposed land division Page 4 of 5 rather than construction or enlargement of the building. ( 4) Environmental Impacts. No construction, grading, additional impervious surface, or other site disturbance is proposed. Accordingly, no significant new environmental impacts are anticipated. (5) Impacts on Surrounding Properties. The special exception would maintain an existing condition rather than introduce a new building or intensified use. Significant woods and tree cover separate the building from the nearest rural residences to the west. (6) Mitigation of Impacts. The applicant has agreed to repaint the building consistent with the submitted light/neutral renderings. Existing mature vegetation provides additional screening from neighboring properties. (7) Special Exception Factors. The existing building contains approximately 2,000 square feet, exceeding the 1,500-square-foot allowance for the proposed 5-acre lot by 500 square feet (~33%). No additional building expansion is proposed. (8) Other Planning Considerations. A 10-acre lot would allow the building by right but would create a homesite substantially larger than the Comprehensive Plan's general 3.2-acre-per- dwelling density guidance. The Official Map also identifies a potential future north-south road through the larger property, indicating that the Town has planned for the possibility of future development and roadway connectivity in this area. (9) Architectural Compatibility. The building has a utilitarian agricultural appearance and has existed with the residence for decades. The proposed repainting would improve its appearance; the Plan Commission and Town Board should determine whether the building is sufficiently compatible with the dwelling. (10) Public Health, Safety and Welfare. No enlargement, change in use, additional traffic, or other intensification is proposed. (11) Spirit and Intent of the Ordinance. The reviewing bodies may consider whether allowing the long-established building to remain without expansion is consistent with the ordinance's intent, particularly when the alternative would be increasing the homesite to approximately 10 acres solely to accommodate the building. (12) Town and Neighborhood Impacts. The request would largely preserve existing conditions. The building is already present, substantially screened from nearby residences, and no expansion or intensified use is proposed. (13) Vehicle Bay Orientation. No changes to the building or existing vehicle-bay orientation are proposed. The accessory structure only has a single bay door and complies with this standard. (14) Commercial or Industrial Use. The building is used for personal and farm-equipment storage. No commercial or industrial use is proposed. (15) Other Ordinance Requirements. The special exception would apply only to the accessory- building floor-area limitation. All other applicable ordinance requirements would remain in effect, and approval should be tied to recording of the CSM creating the proposed 5-acre Lot 1. Page 5 of 5 Notice Requirements A side from being shown on the meeting agenda, no other public notice is required. Review Procedures The Plan Commission is advisory and the Town Board makes the final decision. Possible Motion for Plan Commission Recommend to the Town Board approval of the special exception request to exceed the maximum allowable accessory building floor area based on the following findings and conditions. Possible Motion for Town Board Approve the special exception request to exceed the maximum allowable accessory building floor area based on the following findings and conditions. Required Conditions of Approval: 1. The property owner shall file a deed restriction, in a form approved by the town attorney, with the Waukesha County register of deeds office, indicating that special exception approval has been granted for the detached accessory building and recording any conditions of approval, including a statement that the accessory building may only be used for personal use and cannot be used for any type of commercial or industrial purpose unless otherwise permitted by this chapter. 2. Prior to the issuance of the Special Exception, the property owner must sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within six (6) months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the town board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the town at the expiration of such time limit. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk. Additional Conditions to Consider: 3. Certified Survey Map. The special exception approval shall become effective only upon recording of a Certified Survey Map substantially consistent with the CSM presented to the Town establishing the approximately 5-acre Lot 1 containing the existing residence and accessory building. If the CSM is not approved or is not recorded within twelve (12) months of this approval, the special exception approval shall be null and void. 4. Within six (6) months following recording of the Certified Survey Map, the existing accessory building shall be repainted substantially consistent with the exterior color treatment depicted in the materials submitted with the special exception application. Cedarburg • Green Bay • Madison • Menomonie • New Berlin STAFF REPORT Community Infrastructure • Architecture • Environmental Services 16505 W. National Avenue New Berlin, WI 53151 262-204-2360 www.cedarcorp.com Date August 20, 2026 To Town of Mukwonago Plan Commission From Ben Greenberg, AICP – Town Planner Meeting Date September 2, 2026 Request [2026-25] Request to Expand a Legal Nonconforming Building Property Location W330 S6787 County Hwy E - MUKT1896998003 Applicant Susan Rockteacher (owner) Exhibits Exhibit A - Submittal Materials General Description Susan Rockteacher has submitted an application requesting approval to expand the existing single-family residence located at W330 S6787 County Road E. The proposed project consists of additions to the existing residence to accommodate additional bedroom and bathroom space. Because the existing residence does not comply with the applicable building setback requirements, it is considered a nonconforming building. The proposed additions therefore require review and approval under the Town's regulations governing the expansion of nonconforming buildings. Background The subject property is an approximately 3.0-acre parcel located on the west side of County Road E and is zoned A-1 Agricultural. The property is currently developed with a single-family residence as well as a detached garage and shed. The application identifies the existing residence as Page 2 of 3 nonconforming to the required road setback. A survey indicates that the residence is located 28.4’ from the right-of-way, whereas a minimum of 50’ is required. The applicant is proposing additions to the existing residence for bedroom and bathroom space. Because the project would expand an existing building that is already nonconforming with respect to setback, the applicant must seek approval from the Plan Commission to expand the nonconforming building. Review Criteria In accordance with Sec. 36-584, the plan commission in making its decision shall consider the following factors: (1) The degree of the existing nonconformity (i.e., one foot into the setback area or one foot from the property boundary line); (2) The size and configuration of the lot; (3) Whether the lot conforms to the dimensional standards of the zoning district in which it is located; (4) The size and location of the existing legal nonconforming building; (5) The size and location of other existing structures and those structures reasonably anticipated on the lot; (6) The impact, if any, that the expansion may have on adjoining properties; (7) Any other factor that relates to the purposes of this chapter as set forth in section 36-5 or as allowed by state law. Staff Analysis The Zoning Ordinance identifies seven factors to be considered when reviewing the proposed expansion of a legal nonconforming building. Staff has evaluated the proposed project against those factors as follows: (1) Degree of Existing Nonconformity. The existing residence predates the adoption of the Waukesha County Official Street and Highway Width Map, which established a 100-foot highway width along County Road E. The residence is located approximately 28.4 feet from the existing right-of-way, whereas a 50-foot setback is currently required. The proposed improvements are relatively minor and would be located behind the existing residence, away from County Road E. Accordingly, the project would not extend the residence closer to the roadway or materially increase the degree of nonconformity. (2) Size and Configuration of the Lot. The subject property contains three acres and has substantial depth extending away from County Road E. The size and configuration of the property provide adequate area to accommodate the proposed residential improvements without creating additional site constraints. (3) Conformance of the Lot. The existing parcel conforms to the applicable dimensional standards of the A-1 Agricultural District. (4) Size and Location of the Existing Nonconforming Building. The existing residence is an older home that was established prior to the highway-width requirements that resulted in its present setback nonconformity. (5) Other Existing and Anticipated Structures. There are no nearby structures or other existing site improvements that create a conflict with the proposed expansion. Given the size and Page 3 of 3 configuration of the property, the proposed improvements would not appear to interfere with the reasonable placement of other structures. (6) Impact on Adjoining Properties. Staff has not identified any adverse impact on adjoining properties associated with the proposed expansion. The additions are relatively minor, are located away from the roadway, and are not situated in close proximity to neighboring structures. (7) Other Relevant Factors. The proposed project represents a reasonable improvement to an existing single-family residence and does not involve a change or intensification of the existing residential use. Public Notice Aside from being shown on the meeting agenda, no other public notice is required. Review Procedures The Plan Commission has sole authority to review and act upon requests for the expansion or alteration of a legal nonconforming building. Possible Motion for Plan Commission Approve the request to expand a legal nonconforming building, based on the findings that the review criteria of Sec. 36-584 have been met, subject to the following conditions. Conditions of Approval to Consider 1. Decision Letter. Prior to the issuance of a Zoning Permit, the Town Planner shall issue a decision sheet in accordance with the requirements of Sec. 36-587. 2. The approval runs with the land and is binding on all subsequent property owners. D R A F T R E V IE W EXISTING EXISTING 122 EXISTING B E C K W I T H D E S I G N S 1 0 3 W 3 7 8 7 9 B E T T S R O A D E A G L E , W I 5 3 1 1 9 P H O N E : ( 2 6 2 ) 5 9 4 - 3 9 4 0 C E L L : ( 2 6 2 ) 8 8 8 - 0 7 2 9 E M A I L : s c o t t @ b e c k w i t h - d e s i g n . c o m P A G E : 1 O F P A G E : 3 RO C K T E A C H E R R E S I D E N C EW3 3 0 S 6 7 8 7 C T Y H W Y EMu k w o n a g o , W I 5 3 1 4 9 P R O J E C T N U M B E R : 2 6 D 7 5 2 D E S I G N B Y : S c o t t B e c k w i t h S C A L E : 1 / 4 " = 1 ' - 0 " ( C ) C O P Y R I G H T 2 0 1 3 - 2 0 1 5 B E C K W I T H - D E S I G N , L L C . A L L R I G H T S R E S E R V E D . T H I S D O C U M E N T , I D E A S A N D D E S I G N I N C O R P O R A T E D H E R E I N A R E T H E P R O P E R T Y O F B E C K W I T H - D E S I G N , L L C . A N D A R E N O T T O B E U S E D W H O L E O R I N P A R T W I T H O U T T H E W R I T T E N C O N S E N T O F B E C K W I T H - D E S I G N , L L C . - / - / - - - - D e s c r i p t i o n : D a t e : A L T H O U G H E V E R Y E F F O R T H A S B E E N M A D E I N P R E P A R I N G T H E S E P L A N S A N D C H E C K I N G T H E M F O R A C C U R A C Y , T H E C O N T R A C T O R S M U S T C H E C K A L L D E T A I L S A N D D I M E N S I O N S A N D B E R E S P O N S I B L E F O R S A M E . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R M A K I N G S U R E T H A T A L L W O R K I S D O N E I N A C C O R D A N C E W I T H A L L S T A T E A N D L O C A L C O D E S . N O T E : W o r k i n g D r a w i n g s B i d I s s u e P e r m i t I s s u e C o n s t r u c t i o n I s s u e - / - / - - - - - / - / - - - - - / - / - - - - C o n c e p t u a l D e s i g n 4 / 6 / 2 6 FRONT ELEVATIONSCALE: 1/4"=1'-0" LEFT ELEVATIONSCALE: 1/4"=1'-0" REAR ELEVATIONSCALE: 1/4"=1'-0" RIGHT ELEVATIONSCALE: 1/4"=1'-0" 5 / 7 / 2 6 D r a f t R e v i e w D R A F T R E V IE W S B 3 3 1 8 A B 1 2 R 3 6 1 8 BC B 2 4 R S B 3 6 B 2 4 R SB 3 6 2 1 S B 3 3 1 8 A B 1 2 R 3 6 1 8 BC B 2 4 R S B 3 6 B 2 4 R SB 3 6 2 1 3 3 4 5 D H 244 5 D H244 5 D H244 5 D H286 8 2 4 4 5 D H 2 4 4 5 D H244 5 D H244 5 D H 286 8 5 4 4 4 M U 5 4 4 4 M U 3 0 6 8 244 5 D H203 0 D H244 5 D H 506 8266 8 5 0 6 8 266 8 506 8 266 8266 8 306 8 2 6 6 8 266 8 2 6 6 8 2 6 6 8 306 8 266 8 2 6 6 8 5 0 6 8 3 0 6 8 1 5 6 8 266 8303 4 3 0 6 8 9 2 4 5 M U 2 4 4 5 D H 2 4 4 5 D H 2 3 4 4 D H 2 3 4 4 D H 2 3 4 4 D H 2 3 4 4 D H234 4 D H234 4 D H 3 0 6 8606 8 3 0 6 8 U P 5 ' - 1 0 " 2 ' 1 6 ' - 8 " 13' - 6 "10'12' - 9 " 1 0 ' - 8 " 1 0 ' 7 ' - 1 1 " 1 7 ' - 9 " 3 ' - 1 0 " 2 ' - 4 1 / 2 " 1 2 ' - 4 1 / 1 6 " 9'-1 1 " 6'-5 " 1'-1 " 5 ' - 1 1 9 / 1 6 " 3'-9 " 6' 2 ' - 3 1 / 2 " 3' 13' - 2 9 / 1 6 " 1 3 ' - 6 1 / 2 " 1 4 ' 14' - 5 " 3'-9 1 / 2 " 3' 6'-2 " 3 1 / 2 " 2 ' - 1 " 3 ' - 4 " 2 ' - 6 " 3'-1 1 9 / 1 6 " BENCH MASTERBEDROOM MASTERBATH WICEXISTINGBATH EXISTINGBEDROOM EXISTINGLAUNDRYEXISTINGFAMILYROOM EXISTINGDINING EXISTINGKITCHEN EXISTINGFRONTROOM EXISTINGDECK REMOVE WINDOW & SIDINGFRAME IN ABANDON OPENINGFINISH TO MATCH EXISTING @ LAUNDRY1/2' DRYWALL @ BEDROOM REMOVE SIDINGFURR NEW WALL FRAMING TO MATCHINTO EXISTING WALL FRAMING1/2' DRYWALL @ BEDROOM W H 3 0 3 0 P T 2 8 4 0 P T U P E P E P 9 ' 9 ' - 4 " 9 ' - 3 " 14' - 5 " 1 4 ' 2 ' - 6 " FURNACEPTIRON SOFTNER SUMPEJECT PROPOSED CRAWL SPACEEXISTING CRAWL SPACE EXISTINGBASEMENT TIE INTO EXISTINGFOUNDATION W/ REBAR B E C K W I T H D E S I G N S 1 0 3 W 3 7 8 7 9 B E T T S R O A D E A G L E , W I 5 3 1 1 9 P H O N E : ( 2 6 2 ) 5 9 4 - 3 9 4 0 C E L L : ( 2 6 2 ) 8 8 8 - 0 7 2 9 E M A I L : s c o t t @ b e c k w i t h - d e s i g n . c o m P A G E : 2 O F P A G E : 3 RO C K T E A C H E R R E S I D E N C EW3 3 0 S 6 7 8 7 C T Y H W Y EMu k w o n a g o , W I 5 3 1 4 9 P R O J E C T N U M B E R : 2 6 D 7 5 2 D E S I G N B Y : S c o t t B e c k w i t h S C A L E : 1 / 4 " = 1 ' - 0 " ( C ) C O P Y R I G H T 2 0 1 3 - 2 0 1 5 B E C K W I T H - D E S I G N , L L C . A L L R I G H T S R E S E R V E D . T H I S D O C U M E N T , I D E A S A N D D E S I G N I N C O R P O R A T E D H E R E I N A R E T H E P R O P E R T Y O F B E C K W I T H - D E S I G N , L L C . A N D A R E N O T T O B E U S E D W H O L E O R I N P A R T W I T H O U T T H E W R I T T E N C O N S E N T O F B E C K W I T H - D E S I G N , L L C . - / - / - - - - D e s c r i p t i o n : D a t e : A L T H O U G H E V E R Y E F F O R T H A S B E E N M A D E I N P R E P A R I N G T H E S E P L A N S A N D C H E C K I N G T H E M F O R A C C U R A C Y , T H E C O N T R A C T O R S M U S T C H E C K A L L D E T A I L S A N D D I M E N S I O N S A N D B E R E S P O N S I B L E F O R S A M E . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R M A K I N G S U R E T H A T A L L W O R K I S D O N E I N A C C O R D A N C E W I T H A L L S T A T E A N D L O C A L C O D E S . N O T E : W o r k i n g D r a w i n g s B i d I s s u e P e r m i t I s s u e C o n s t r u c t i o n I s s u e - / - / - - - - - / - / - - - - - / - / - - - - C o n c e p t u a l D e s i g n 4 / 6 / 2 6FOUNDATION PLANSCALE: 1/4"=1'-0"FIRST FLOOR PLANSCALE: 1/4"=1'-0" 5 / 7 / 2 6 D r a f t R e v i e w D R A F T R E V IE W 7'-6 " 9'-6 " 4' 122 EXISTING FINISH FLOOR BEYOND ROOF SYSTEMEPDM ROOF SYSTEM INSTALLED PER MANUFACTURER'S SPECIFICATIONS5/8" OSB SHEATHING W/ CLIPS2x12 RAFTERS 16"o.cR-50 POLYSTYRENE CLOSED CELL INSULATION6" V GROVE T&G WOOD CEILING8" COMPOSITE FASCIASEAMLESS ALUM. GUTTERS & DOWNSPOUTSWALL SYSTEMBOARD & BATTEN SIDING INSTALLED PER MANUFACTURER'S SPECIFICATIONS HOUSE WRAP. CONSTRUCT DRAINAGE PLANE PER SIDING1/2" OSB WALL SHEATHING 2x6 WALL FRAMING 16"o.c.MIN. R-19 WALL INSULATIONCONTRACTOR RESPONSIBLE FOR SIZING & PROPERLY INSTALLING ALL STRUCTURAL FRAMING PER LOADS AND MANUFACTURER'SSPECIFICATIONS. WORK INCLUDES ALL, STRAPS, HANGERS, FASTENERS,BLOCKING, STIFFENERS & BRACINGFRAMED FLOOR SYSTEMFLOOR FINISHES AS PER OWNER'S SELECTION 3/4" T&G PLYWOOD SHEATHING FASTEN PER MANUFACTURER'S SPECIFICATIONS2x10 FLOOR JOISTS 16"o.c.CONTRACTOR RESPONSIBLE FOR SIZING & PROPERLY INSTALLING ALLSTRUCTURAL FRAMING PER LOADS AND MANUFACTURER'S SPECIFICATIONS.WORK INCLUDES ALL, STRAPS, HANGERS, FASTENERS, BLOCKING, STIFFENERS &BRACINGR-19 INSULATION @ BOX SILLFOUNDATION SYSTEMR-19 INSULATION @ BOX BILLTREATED 2x6 PLATE W/ SILL SEALER1/2" ANCHOR BOLT @ 5' SPACINGMIN. 8" POURED CONCRETE FOUNDATIONWATERPROOFING2" POLYSTYRENE FOAM INSULATIONMIN. 8x16 CONCRETE FOOTINGSCONTRACTOR RESPONSIBLE FOR CONCRETE DESIGN & REINFORCING @ ALLFOUNDATIONS, FOOTINGS, PIERS AND COLUMN PADS PER LOAD AND SOILCONDITIONSCONTRACTOR RESPONSIBLE FOR SIZING AND INSTALLING ALL STRUCTURALSTEEL PER LOAD REQUIREMENTS AND MANUFACTURER'S SPECIFICATIONS BLEEDERS & DRAIN TILES W/ FABRIC FILTER TIED INTO EXISTING SUMP CROCK SYSTEM 3" CONCRETE FLOOR 2" POLYSTYRENE FOAM INSULATION 6 MIL V.B. 4" COMPACTED GRAVEL B L O C K _ 4 1 4 ' 14' - 5 "AEXISTING A8' 2'-9" 5'-4" B16243.53.5 2 24" PANEL CONTINUOUS METHOD16" PANEL PORTAL FRAME METHOD B E C K W I T H D E S I G N S 1 0 3 W 3 7 8 7 9 B E T T S R O A D E A G L E , W I 5 3 1 1 9 P H O N E : ( 2 6 2 ) 5 9 4 - 3 9 4 0 C E L L : ( 2 6 2 ) 8 8 8 - 0 7 2 9 E M A I L : s c o t t @ b e c k w i t h - d e s i g n . c o m P A G E : 3 O F P A G E : 3 RO C K T E A C H E R R E S I D E N C EW3 3 0 S 6 7 8 7 C T Y H W Y EMu k w o n a g o , W I 5 3 1 4 9 P R O J E C T N U M B E R : 2 6 D 7 5 2 D E S I G N B Y : S c o t t B e c k w i t h S C A L E : 1 / 4 " = 1 ' - 0 " ( C ) C O P Y R I G H T 2 0 1 3 - 2 0 1 5 B E C K W I T H - D E S I G N , L L C . A L L R I G H T S R E S E R V E D . T H I S D O C U M E N T , I D E A S A N D D E S I G N I N C O R P O R A T E D H E R E I N A R E T H E P R O P E R T Y O F B E C K W I T H - D E S I G N , L L C . A N D A R E N O T T O B E U S E D W H O L E O R I N P A R T W I T H O U T T H E W R I T T E N C O N S E N T O F B E C K W I T H - D E S I G N , L L C . - / - / - - - - D e s c r i p t i o n : D a t e : A L T H O U G H E V E R Y E F F O R T H A S B E E N M A D E I N P R E P A R I N G T H E S E P L A N S A N D C H E C K I N G T H E M F O R A C C U R A C Y , T H E C O N T R A C T O R S M U S T C H E C K A L L D E T A I L S A N D D I M E N S I O N S A N D B E R E S P O N S I B L E F O R S A M E . T H E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R M A K I N G S U R E T H A T A L L W O R K I S D O N E I N A C C O R D A N C E W I T H A L L S T A T E A N D L O C A L C O D E S . N O T E : W o r k i n g D r a w i n g s B i d I s s u e P e r m i t I s s u e C o n s t r u c t i o n I s s u e - / - / - - - - - / - / - - - - - / - / - - - - C o n c e p t u a l D e s i g n 4 / 6 / 2 6 WALL BRACINGSCALE: None CROSS SECTIONSCALE: 1/4"=1'-0" 5 / 7 / 2 6 D r a f t R e v i e w Cedarburg • Green Bay • Madison • Menomonie • New Berlin STAFF REPORT MEMO Community Infrastructure • Architecture • Environmental Services 16505 W. National Avenue New Berlin, WI 53151 262-204-2360 www.cedarcorp.com Date August 28, 2026 To Town of Mukwonago Plan Commission and Town Board From Ben Greenberg, AICP, Town Planner Meeting Date September 2, 2026 Request Request to amend an existing Conditional Use Permit to allow additional agritourism and related farm recreation activities as well as farm-based commercial activities at W299 S6370 State Road 83; Schuett Farms LLC, owner; Rob Schuett, applicant Applicant Rob Schuett Property Location W299 S6370 State Road 83 (MUKT 1878.999, MUKT 1878.999.001, MUKT 1878.998, and MUKT 1877.998) Zoning / Lot Size A-1 Agricultural District / ~241 (combined) acres. Exhibits Exhibit A – Applicant Preferred – Draft CU Order; Exhibit B – CU Worksheet; Exhibit C – Site Plan Exhibits Background The joint public hearing on this request was originally opened on July 8, 2026 and has been continued to allow additional time for the Town and applicant to work through the scope and operational details of the proposed Conditional Use amendments. At the August 5 meeting, the Plan Commission directed staff to continue working with the applicant on the proposed Conditional Use Order and accompanying Site Plan and Plan of Operation ("SPPO"). The general framework separates the Conditional Use Order, which establishes the uses and principal limitations, from the SPPO, which addresses more detailed operational requirements. Since that meeting, staff has met with the applicant to further develop the proposed approval. As part of that process, the applicant provided additional information regarding the requested number and frequency of private events and Pop-Up Beer/Wine Gardens, proposed attendance limitations, and the proposed distinction between Major and Minor Private Agritourism Gatherings. Based on those discussions, an Applicant Preferred draft Conditional Use Order and SPPO (Exhibit A) were prepared to more clearly identify the scope of the applicant's request. Augus t 26 Staff Review Town staff reviewed the Applicant Preferred drafts at its August 26 staff meeting. While considerable progress has been made, staff identified several remaining areas that warrant discussion with the Plan Commission and Town Board: • The use of broad descriptions for certain agritourism activities, attractions and features that could allow the operation to expand into activities not specifically considered as part of the present application. Page 2 of 8 • The proposed number, size and intensity of Private Agritourism Gatherings. • The need to ensure that Private Agritourism Gatherings and other activities remain reasonably related to the agricultural and agritourism operation and do not result in a standalone general- purpose event venue. • The relationship of Pop-Up Beer/Wine Gardens to the agritourism operation, including both the number of events and whether they should be allowed to operate independently of another agritourism activity. These concerns have been discussed with the applicant so that they are aware of the issues and prepared to address them as part of the continued public hearing. Staff remains supportive of Schuett Farms and its continued operation and reasonable expansion. The remaining discussion is primarily intended to establish appropriate limits for the expanded operation and avoid unintentionally authorizing a level or type of commercial entertainment activity beyond what the Town considers appropriate for the property. Summary of Staff Discussion and General Consensus Although the August 26 staff discussion identified several remaining issues, staff was generally comfortable with a number of the applicant's proposed operational standards. The following summarizes those areas of general agreement and identifies those matters where additional Plan Commission and Town Board direction is still needed. Topic General Staff Consensus / Comments Agritourism Activity Season Staff was generally comfortable with the proposed extended Agritourism Activity Season and did not identify the length of the season as a significant remaining concern. Farm Retail Store Staff was generally comfortable with the proposed Farm Retail Store provisions, including the applicant-preferred provision allowing authorized farm-based retail sales to continue if the permanent brick-and-mortar Farm Retail Store is not constructed within the required timeframe. Major/Minor Private Agritourism Gatherings No consensus. Number of Private Agritourism Gatherings No consensus. Pop-Up Beer/Wine Gardens – Fall Season Staff was generally comfortable with the applicant's proposed allowance of up to 10 Pop-Up Beer/Wine Garden Events from September 1 through October 31. The remaining concern is primarily the number of events outside the fall season and ensuring that Pop-Up Beer/Wine Gardens remain tied to active agritourism activities. Page 3 of 8 Private Gatherings with a Clear Agricultural/Agritourism Connection Staff was generally comfortable with private gatherings having an obvious and meaningful relationship to the farm or agritourism operation, such as farm tours, farm-to-table dinners, agricultural education activities, and similar farm-based gatherings. The remaining issue is how the approval should address other types of private gatherings where that relationship is less apparent. Live / Amplified Music Staff was generally comfortable with live music as an accessory component of the agritourism operation, provided all applicable Town noise/sound requirements are complied with and any required permits for amplified sound are obtained. Remaining Policy Considerations The following summarizes the primary areas where additional direction is requested. The Applicant Preferred column reflects the applicant's requested approach. The Staff Alternative reflects a more conservative approach that staff believes could address the concerns discussed on August 26. These alternatives are presented for discussion and are not intended as a formal staff recommendation. Issue Applicant Preferred Staff Alternative / Possible Middle Ground Public Agritourism Activities and Attractions Provides flexibility through broader categories such as Family Activity Areas and seasonal agricultural attractions, allowing activities and features to evolve within the approved framework. 1. Identify the specific public agritourism activities and attractions approved under the SPPO and their basic operational characteristics. For example, corn mazes, hayrides, pumpkin/corn launching, farm tours and agricultural education activities have a readily identifiable agritourism connection. 2. New activities or attractions could be considered through an SPPO amendment, based on information provided by the applicant and a Plan Commission determination that the proposed activity falls within the scope and agritourism parameters of the CUP. Private Agritourism Gatherings – Types of Authorized Gatherings Current language allows a broad range of Private Agritourism Gatherings, including corporate outings, family gatherings, birthday parties, youth organizations, church/civic organizations and agricultural organizations. 1. Identify the specific types of Private Agritourism Gatherings approved under the SPPO and describe the agricultural/agritourism component of each. For example, a farm-to- table dinner featuring farm or locally produced products, an agricultural organization meeting combined with a farm tour, or a youth organization gathering involving farm-based educational activities would have a readily identifiable connection to the agricultural/agritourism operation. 2. Additional types of gatherings could be considered through an SPPO amendment, based on operational information provided by the applicant and a Plan Commission determination that the proposed gathering falls within the scope and agritourism parameters of the CUP. Page 5 of 8 Definition of: Major vs. Minor Private Gatherings 1. Major generally requires attendance of at least 200 persons, AND at least one additional amenity (alcohol, food, music). 2. Anything else would be deemed a Minor Private Event. 1. Treat any gathering where alcohol is served as Major, regardless of attendance, and any gathering exceeding 100 persons as Major. 2. A gathering of 100 persons or fewer without alcohol would be Minor. Number of Major Private Gatherings 1. Unlimited Major gatherings from September 1–October 31; 2. Twenty (20) during the remainder of the season. 1. Establish a defined maximum during September–October and initially allow fewer Major gatherings during the remainder of the season. (OR) 2. Establish a defined maximum during September–October and initially allow fewer Major gatherings during the remainder of the season, possibly with the opportunity to request additional events through SPPO amendment. • CUP would establish the ultimate maximum number. Number of Minor Private Gatherings Unlimited 1. Staff recommends that some numerical limitation be established. However, if the Major/Minor classification is revised so that events involving alcohol or more than 100 persons are classified as Major, staff is less concerned with the number of Minor events, as the Minor category would be limited to smaller, lower-intensity gatherings. Page 6 of 8 Maximum Major Gathering Attendance 500 persons. Consider 200 persons or similarly lower initial attendance limitation. Pop-Up Beer/Wine Gardens – Relationship to Agritourism Pop-Up Beer/Wine Gardens are required to remain accessory and subordinate to the overall agricultural and agritourism operation and may not operate as an independent principal use. Strengthen this limitation by requiring each Pop-Up Beer/Wine Garden to occur only in conjunction with one or more public Agritourism Activities actively operating on the property, and expressly provide that it may not operate as an independent attraction or destination. Pop-Up Beer/Wine Garden Frequency • Up to ten (10) events from September 1–October 31; and • Fifteen (15) additional events during the remainder of the authorized season; • No more than two (2) per week. 1. Eliminate or consider a much lower initial number outside the fall season. (OR) 2. Eliminate or consider a much lower initial number outside the fall season, with the ability to authorize additional events through a future SPPO amendment after the Town has experience with the expanded operation. • CUP would establish the ultimate maximum number. Private Agritourism Gatherings Staff believes two separate questions should be considered regarding Private Agritourism Gatherings. First is what types of private gatherings are appropriate as part of the agritourism operation. The intent is not to prevent legitimate corporate, family, school, youth, civic or similar gatherings at the farm. Rather, the approval should maintain a reasonable connection between those gatherings and the agricultural or agritourism operation so that the approval does not effectively establish a standalone event venue. Second is the size and intensity of those gatherings. Staff believes attendance and alcohol service provide relatively straightforward standards for distinguishing Minor and Major gatherings. In particular, treating gatherings involving alcohol as Major provides an objective means of identifying events that may warrant greater limitations without attempting to regulate every possible type of private gathering individually. Pop-Up Beer/Wine Gardens Staff's concern with Pop-Up Beer/Wine Gardens is similarly focused on their frequency and their relationship to the overall agritourism operation. The Applicant Preferred draft would authorize up to 25 events annually, including 10 during September and October and 15 during the remaining authorized periods. Staff believes the Commission should determine both an appropriate annual frequency and whether the approval should more expressly require each Pop-Up Beer/Wine Garden to occur in conjunction with an actively operating public agritourism activity. One possible approach would be to authorize a more limited number initially and allow the applicant to request additional events through a future SPPO amendment. This would allow the operation to expand while providing the Town an opportunity to evaluate actual operations before authorizing the full requested frequency. Public Notice. Public notice for the public hearing was published in the Waukesha Freeman on June 8, 2026 and June 24, 2026. The public hearing notice was mailed to all property owners within 300 feet of the subject property. Basis of Decision. The plan commission in making its recommendation and the town board in making its final decision shall consider whether the proposal complies with: (i) Each of the special conditions of approval. (ii) Each of the performance standards set forth in article VI. (iii) Each of the development standards under Section 2.06, 2.08 – Appendix B (and noted above), all other applicable sections of the zoning code. (iv) All other applicable sections of the Municipal Code or other adopted ordinance. In addition, the plan commission in making its recommendation and the town board in making its decision must determine whether the proposed conditional use is compatible with surrounding properties, whether in the same or different zoning districts. In making this determination, the plan Page 8 of 8 commission and town board must determine whether the petitioner has demonstrated there are no adverse effects on surrounding properties or that potentially adverse effects have been eliminated or reduced to an acceptable level. Approaches that could be employed to mitigate potentially adverse effects will depend on the particular circumstances but may include (1) adjusting the location of the use, or parts thereof, on the subject property; (2) limiting hours of operation; (3) limiting the size or scope of the use, or parts thereof; (4) controlling how the use is managed on an on-going basis; (5) providing additional landscaping; (6) providing additional screening; and (7) limiting operations conducted out-of-doors, if otherwise allowed. The recommendation of the plan commission and the decision by the town board must be based on substantial evidence which is defined as follows: “Substantial evidence” means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion." Note two additional requirements of the law: 1. Any condition imposed must relate to the purpose of the ordinance and be based on substantial evidence. 2. If an applicant for a conditional use permit meets or agrees to meet all requirements and conditions specified in the ordinance, the conditional use permit must be granted. The applicant must present substantial evidence demonstrating that the application and all requirements and conditions established by the Town relating to the conditional use are or shall be satisfied. Any condition imposed by the Town through ordinance or by the Town Board must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit’s duration, transfer or renewal. The Town’s decision to approve or deny the application must be supported by substantial evidence. Review Procedure The Plan Commission acts in an advisory role to the Town Board which makes the final decision. Following the close of the public hearing, the Plan Commission may recommend (1) approval, (2) approval with conditions, or (3) denial. If approval is recommended, the Plan Commission can recommend conditions deemed necessary to protect the public health, safety, and welfare. A worksheet with the relevant decision criteria is attached. This should be used in your deliberations. Possible Motion by the Plan Commission Recommend to the Town Board approval of the Conditional Use Permit, subject to the conditions of the draft Conditional Use Order, as amended by the Plan Commission. Possible Motion by the Town Board Accept the recommendation of the Plan Commission. APPLICANT DRAFT Document Number Town of Mukwonago Order Granting a Conditional Use and Prescribing Conditions for the Sale of Mulch, Christmas Trees, Pumpkins, and Other Holiday Items and Other Farm-Related Business Activities on Four Adjoining Properties off of CTH I and STH 83 Recording Area Document Title Tax Parcels: MUKT1878-998; MUKT1878-999-001; MUKT1877- 998; MUKT1878-999 WHEREAS, Robert H. Schuett and Linda L. Schuett Revocable Trust of 2022 owns the following three parcels in the Town: 1. Tax Key No. MUKT 1878-999, more particularly described as: PT NW1/4 SEC 2 T5N R18E COM NW COR S 755 FT N88°0'E 412 FT N 733.43 FT WLY 412.16 FT TO BGN R1021/548 EX DOC# 3736284, and generally depicted as Parcel A in Exhibit A, and 2. Tax Key No. MUKT 1878-999-001, more particularly described as: W1/2 NW1/4 SEC 2 T5N R18E EX VOL 234/600 & VOL 1230/297 & EX R1021/548 DOC# 3170735 EX DOC# 3736285, and generally depicted as Parcel B in Exhibit A, and 3. Tax Key No. MUKT 1878-998, more particularly described as: W1/2 SW1/4 NW1/4 SEC 2 T5N R18E EX DOC# 3736286 DOC# 3907854, and generally depicted as Parcel C in Exhibit A; Name and Return Address Ben Greenberg, Town Planner Cedar Corporation 16505 W. National Ave. New Berlin, WI 53151 WHEREAS, Hill N Hollow Farm LLC owns Tax Key No. MUKT 1877-998, more particularly described as W1/2 NE1/4 & E1/2 NW1/4 SEC 2 T5N R18E EX CERT SURV 3537 DOC# 3907857, and generally depicted as Parcel D in Exhibit A; and WHEREAS, the property depicted in Exhibit A, as Parcel A, Parcel B, Parcel C, and Parcel D constitutes the parcels of land subject to this order, and is referred to herein collectively as the “subject property;” and WHEREAS, the two aforementioned property owners are herein collectively referred to as “property owners;” and WHEREAS, the Town Board originally approved a Conditional Use Permit in 2005 authorizing the sale of mulch, Christmas trees, pumpkins, and other holiday items and related farm activities on Parcels A and B; and WHEREAS, on July 17, 2013, the Town Board approved an amended Conditional Use Order which expanded the approval to include Parcels C and D and established the Conditional Use Order that has governed the operation of Schuett Farms since that time; WHEREAS, Schuett Farms, LLC ("Petitioner"), with the authorization of the PROPERTY OWNERS, submitted a petition to amend the July 17, 2013 Conditional Use Order to recognize the continued evolution of the agricultural operation, expand and modernize farm recreation and agritourism activities, revise operational standards, and update the approved Site Plan and Plan of APPLICANT DRAFT Operation; and WHEREAS, the subject property is zoned A-1 Agricultural District, C-1,Conservancy District and EC Environmental Corridor District, and the Town Plan Commission and Town Board have determined that the proposed Conditional Use Permit amendment is consistent with the applicable provisions of Chapter 36 of the Municipal Code of the Town of Mukwonago, including the conditional use review standards and procedures, and satisfies the intent and purpose of the Town's zoning regulations; and WHEREAS, the Petitioner is a Wisconsin limited liability company duly registered with the Wisconsin Department of Financial Institutions; and WHEREAS, upon referral of the petition by the Town Clerk, the Town Plan Commission scheduled a joint public hearing before the Town Plan Commission and Town Board; and WHEREAS, following publication of the required Class 2 notice and mailing of notice to affected property owners as required by the Town of Mukwonago Municipal Code, the Town Plan Commission and Town Board conducted a duly noticed joint public hearing on July 8, 2026, at which all interested persons were afforded an opportunity to be heard and thereafter adjourned the public hearing to August 5, 2026, and subsequently to September 2, 2026, to receive additional testimony and information; and WHEREAS, following the public hearing, the Town Plan Commission recommended approval of the requested amendments subject to the conditions contained herein; and WHEREAS, the Town Board has carefully reviewed the petition, the recommendation of the Town Plan Commission, the staff report, the testimony received at the public hearing, and all other information submitted in support of the petition, and finds that the amendments authorized herein are consistent with the Town of Mukwonago Comprehensive Plan and Zoning Code, preserve the agricultural character of the SUBJECT PROPERTY, and will not be detrimental to the public health, safety, or welfare when operated in accordance with the conditions contained herein; and . NOW, THEREFORE, BE IT HEREBY DETERMINED AND ORDERED that the Conditional Use Order dated July 17, 2013 is hereby repealed and recreated. 1. Repeal and Recreation of Prior Conditional Use Order. Amendment to Prior Conditional Use Order. The Conditional Use Order approved by the Town Board on July 17, 2013, and recorded in the Office of the Waukesha County Register of Deeds as Document No. 4041838, is hereby repealed in its entirety and replaced by this Conditional Use Order. Upon the effective date of this Order, this Conditional Use Order shall constitute the sole and controlling Conditional Use Order governing the SUBJECT PROPERTY, and all rights, obligations, conditions, and requirements applicable to the approved Conditional Use shall be those set forth herein. 2. Authorized uses. Subject to the terms and conditions of this Order and the approved Site Plan and Plan of Operation ("SPPO"), the following principal uses, accessory uses, activities, and associated improvements are authorized on the SUBJECT PROPERTY. Except as otherwise provided herein, all authorized uses, activities, structures, improvements, operational characteristics, and accessory amenities shall be conducted in accordance with the approved SPPO, as amended from time to time. (a) Christmas tree operation. The Christmas tree operation includes the retail sale of Christmas trees, wreaths, and other holiday decorations consistent with the following: 1. The Christmas tree operation may operate annually from November 1 to December 31. APPLICANT DRAFT 2. The operation shall be conducted in accordance with the approved Site Plan and Plan of Operation ("SPPO"), which shall establish the operational characteristics of the use, including the location of sales areas, temporary structures, hours of operation, parking, lighting, signage, sanitation facilities, merchandise, and other operational standards. 3. Signage for this use shall comply with Section 6 of this conditional use order. 4. One temporary tent not exceeding 1,600 square feet may be used to shelter retail items and a structure not exceeding 225 square feet may be used as a cashier’s area. (b) Mulch operation. The mulch sales operation includes the retail sale of landscaping mulch consistent with the following: 1. The operation may operate year-round, seven (7) days per week. 2. The operation shall be conducted in accordance with the approved Site Plan and Plan of Operation ("SPPO"), which shall establish the operational characteristics of the use, including the location of mulch storage and sales areas, hours of operation, equipment, product storage, parking, traffic circulation, signage, and other operational standards applicable to the Mulch Operation. 3. Signage for this use shall comply with Section 6 of this conditional use order. 4. The area of the subject property used for the mulch operation shall be depicted on the approved site plan/plan of operation. (c) Agritourism Activities. Agritourism Activities are authorized as an accessory component of the ongoing agricultural operation and shall promote agricultural education, farm recreation, agricultural tourism, and public interaction with agriculture. 1. Agritourism Activity Season. The Agritourism Activity Season shall extend annually from March 1 through December 31. Except for agricultural operations and those activities expressly authorized elsewhere in this Conditional Use Permit, Agritourism Activities that are open to or intended for attendance by the general public, together with associated attractions, entertainment, outdoor customer activities, and Accessory Agritourism Amenities shall occur only during the Agritourism Activity Season. Agritourism Activities may occur on one or more days during the Agritourism Activity Season as provided in the approved Site Plan and Plan of Operation. Accessory Agritourism Amenities shall operate only in conjunction with authorized Agritourism Activities or Private Agritourism Gatherings unless otherwise expressly authorized by this Order or the approved SPPO. 2. Authorized Agritourism Activities include: a. Corn mazes; b. Hayrides; c. Pumpkin and Corn launching; d. Agricultural education activities; e. Farm tours; f. Producer markets; g. Family Activity Areas; h. Holiday Breakfast(s) with Santa; i. Seasonal agricultural attractions; and 3. Operational Details Required. The approved SPPO shall identify the operational characteristics of each authorized Agritourism Activity, including, where applicable: APPLICANT DRAFT a. location; b. season of operation; c. hours of operation; d. parking; e. traffic circulation; f. lighting; g. safety measures; h. temporary structures; i. operating procedures; and j. other matters deemed appropriate by the Town Plan Commission. 4. An open-sided picnic shelter not exceeding 800 square feet, observation structures associated with the corn maze, temporary retail tents, cashier building s and/or structures, and similar operational improvements identified in the approved SPPO are authorized as accessory structures to the Agritourism Activities. 5. One temporary tent not exceeding 1,600 square feet may be used to shelter retail items and structures not exceeding 225 square feet may be used as cashier’s areas. 6. Retail merchandise offered in conjunction with Agritourism Activities shall be identified within the approved SPPO and shall remain accessory to the agricultural operation. 7. Food Sales a. Food and beverage sales are permitted, provided they remain accessory to the overall agricultural and agritourism operation. b. The operator shall obtain and maintain all licenses and permits required by the Waukesha County Environmental Health Division and other applicable regulatory agencies. 8. Signage shall comply with Section 6 of this Order. 9. Outdoor lighting in the parking lot area is allowed subject to the approved site plan/plan of operation, which shall address location, lighting levels, hours of operation, and other matters deemed appropriate by the Town Plan Commission. (d) Farm Retail Store. The petitioner may operate a year-round Farm Retail Store building consistent with the following: 1. The first floor of the two-story building is limited to 1,600 square feet. 2. Merchandise sold within the Farm Retail Store shall remain generally consistent with the agricultural and agritourism character of the operation and shall be identified within the approved SPPO. 3. Building location, parking, hours of operation, required permits, and operational characteristics shall comply with the approved SPPO. 4. Food sales are allowed but shall remain subordinate to the retail operation. The operation of a restaurant is strictly prohibited. 5. Signage for this use shall comply with Section 6 of this conditional use order. 6. The permanent Farm Retail Store building authorized by this Order shall be substantially commenced within two (2) years following the effective date of this Conditional Use Order unless the Town Board grants an extension upon written request for good cause shown. Failure to substantially commence construction of the Farm Retail Store Building within the required time period shall terminate only the APPLICANT DRAFT authorization to construct and operate the Farm Retail Store building described in this subsection. Such expiration shall not prohibit or otherwise affect the continuation of farm based retail sales or other agricultural or agritourism sales activities otherwise unauthorized by this Conditional Use Order and the approved SPPO, nor shall it otherwise affect the validity of this Conditional Use Order or any other authorized use or activity. 7. The Farm Retail Store, as authorized by this Conditional Use Order, shall not be required to provide permanent sanitary facilities. Nothing herein shall preclude the Town or any other governmental agency from requiring permanent sanitary facilities in the event of a future expansion, modification, change in use, or other circumstance requiring such facilities under applicable laws or permits. (e) Accessory Agritourism Amenities. Accessory Agritourism Amenities intended to enhance Authorized Agritourism Activities are authorized as accessory uses to the agricultural and agritourism operation. Such amenities shall remain clearly subordinate to the principal agricultural and agritourism uses and shall not operate as independent principal uses. 1. Accessory Agritourism Amenities may include: a. Mobile Food Establishments; b. Pop-Up Beer/Wine Gardens; c. Live Outdoor Music; d. Recreational Fire Pits; and 2. Operational Standards. The approved SPPO shall identify the location, operational standards, and applicable limitations for each authorized Accessory Agritourism Amenity. 3. The approved Site Plan shall identify the location of any stage, performance area, or other fixed location from which live or amplified music or other organized entertainment is conducted. 4. Frequency. The approved SPPO shall establish the timing and operational standards for all Accessory Agritourism Amenities consistent with this Conditional Use Order. Accessory Agritourism Amenities shall be limited as follows: a. Pop-Up Beer Gardens: i. Maximum of ten (10) Pop-Up Beer Garden Events per calendar year from September 1 through October 31. ii. Maximum of fifteen (15) Pop-Up Beer Garden Events per calendar year, collectively occurring during the periods of March 1 through August 31 and November 1 through December 31. iii. A maximum of two (2) Pop-Up Beer Garden Events during any calendar week (Sunday through Saturday). b. Mobile Food Establishments i. No more than three (3) Mobile Food Establishments may operate on the SUBJECT PROPERTY at any one time. ii. Mobile Food Establishments shall not be present or operate on the SUBJECT PROPERTY on more than three (3) days during any calendar week defined as Sunday through Saturday. (f) Private Agritourism Gatherings. Private Agritourism Gatherings are authorized as an accessory component of the agricultural and agritourism operation. 1. The approved SPPO shall identify the categories of authorized Private Agritourism Gatherings together with applicable operational standards, parking requirements, attendance limits, hours of operation, traffic management, and other operational requirements necessary to ensure such gatherings remain compatible with the APPLICANT DRAFT agricultural and agritourism operation and surrounding area. The approved SPPO may establish different operational standards and frequency limitations for Minor and Major Private Agritourism Gatherings as defined herein, provided that the total number does not exceed the maximum as specified by this Conditional Use Order. 2. Private Agritourism Gatherings shall remain incidental and subordinate to the principal agricultural and agritourism use of the Subject Property. Such gatherings shall be conducted in a manner that supports the agricultural and agritourism character of the property and shall not establish, or evolve into, a standalone commercial event venue or banquet facility. 3. Private Agritourism Gatherings shall be classified as either Minor Private Agritourism Gatherings or Major Private Agritourism Gatherings. a. Major Private Agrotourism Gathering. A Private Agritourism Gathering shall be classified as a Major Private Agritourism Gathering if: i. Guest attendance equals or exceeds two hundred (200) persons and alcoholic beverages are sold or served; or ii. Guest attendance equals or exceeds two hundred (200) persons and the gathering includes two (2) or more of the following event components: • Food service, including catered meals, food trucks, or other commercial food vendors; • Live music, or other event amenities or activities that the Town Board determines are comparable in intensity to those identified above. b. Minor Private Agritourism Gatherings are private gatherings that are not classified as a Major Private Agritourism Gatherings. The Town Board or its designee shall determine the classification of any proposed gathering that does not clearly qualify as either a Minor or Major Private Agritourism Gathering based upon the standards established herein and the approved SPPO. 4. Maximum Number of Major Private Agritourism Gatherings. The approved SPPO shall establish the timing and operational standards for Major Private Agritourism Gatherings consistent with this Conditional Use Order. Major Private Agritourism Gatherings shall be unlimited between September 1 and October 31. During a ll other months of the calendar year, the approved SPPO shall not authorize more than twenty (20) Major Private Agritourism Gatherings. Any increase in that limitation shall require amendment of this Conditional Use Order. 5. Maximum Attendance. Guest attendance at any Major Private Agritourism Gathering shall not exceed five hundred (500) persons. 3. Issuance of permit required. The town planner is authorized to issue the petitioner a conditional use permit when all conditions enumerated in section 4 have been satisfied. Such permit is the last approval before the petitioner can begin to establish the use as authorized herein. 4. Initial conditions of approval. The following conditions shall be satisfied prior to the issuance of the conditional use permit: a. The Petitioner shall submit a Site Plan and Plan of Operation ("SPPO") to the Town Plan Commission for review and approval. The SPPO shall address the operational characteristics of all authorized uses, activities, structures, improvements, and accessory amenities authorized by this Order. At a minimum, the SPPO and approved Site Plan shall include the information identified in Section 2 (Approved Site Plan) of the SPPO, APPLICANT DRAFT together with applicable operational standards governing parking, traffic circulation, lighting, signage, hours of operation, operational procedures, and other requirements contained within the SPPO. The Town Plan Commission may require such additional information as is reasonably necessary to administer and enforce this Order. b. The petitioner and property owners are required to accept the terms and conditions of this conditional use order in its entirety in writing. If the petitioner and property owners do not sign this instrument and return it to the Town Clerk within 2 months of approval, this order is null and void. Prior to such expiration, the petitioner may request an extension to this time period and the Town Board may approve an extension with good cause. c. Prior to issuance of the Conditional Use Permit, the Petitioner shall submit a Parking and Traffic Management Plan as part of the approved Site Plan and Plan of Operation ("SPPO"). The plan shall identify employee parking, customer parking, accessible park ing, internal traffic circulation, pedestrian routes, loading and unloading areas, bus or large vehicle accommodations, emergency vehicle access, and such other information as the Town Plan Commission may reasonably require. The applicant's proposed expans ion includes parking for up to 500 vehicles, subject to weather conditions and site management. The Town Plan Commission may require revisions to the approved Parking and Traffic Management Plan as part of an amendment to the approved SPPO when reasonably necessary to address public safety, traffic circulation, emergency access, operational concerns, or recommendations of the Wisconsin Department of Transportation, the Town Engineer, the Mukwonago Police Department, or the Mukwonago Fire Department. The Town Plan Commission may also require traffic control devices, directional signage, pedestrian control measures, parking attendants, temporary or permanent lighting, or other reasonable measures necessary to promote the safe movement of vehicles and pedestrians entering, exiting, and circulating within the SUBJECT PROPERTY. d. This order must be recorded against the subject property in the Waukesha County Register of Deeds office. e. Approval of this Conditional Use Order and the approved Site Plan and Plan of Operation shall not eliminate or replace any otherwise applicable permits or approvals required by federal, state, county, or local law. Any customer-occupied building or structure authorized by this Order or the approved Site Plan and Plan of Operation shall remain subject to all applicable building, sanitary, health, fire, and other governmental approvals prior to occupancy or use. 5. Ongoing conditions of approval. The following conditions shall constitute an ongoing obligation: a. The use of the subject property shall be used consistent with this order and all approved plans, including, but not limited to, the Site Plan and Plan of Operation ("SPPO"), and signage plan. b. Access to CTH I is not allowed. c. Hunting shall not occur within three-hundred (300) feet of those portions of the SUBJECT PROPERTY utilized for the approved conditional use while customers, participants, employees, contractors, vendors, or other persons associated with an authorized use or activity are present, except as otherwise specifically authorized in the approved SPPO. d. The structures and grounds shall be maintained in a neat, attractive and orderly manner. The SUBJECT PROPERTY must comply with all rules and regulations of the Town of Mukwonago and the Mukwonago Fire Department. APPLICANT DRAFT e. At all times, the SUBJECT PROPERTY and all authorized uses, activities, structures, and improvements shall remain in compliance with the applicable provisions of Chapter 36 of the Municipal Code of the Town of Mukwonago, as amended from time to time. f. At no time shall junk be stored anywhere on the subject property. g. The petitioner shall not bury, or allow to be buried, junk of any kind on the subject property. h. The Petitioner shall not conduct any authorized activity in a manner that exceeds the approved parking capacity or interferes with required emergency vehicle access as established in the approved SPPO. i. The Petitioner shall not conduct any authorized activity in excess of any occupancy or capacity limitations established by the Mukwonago Fire Department or other applicable governmental authority. j. All Live Music activities shall comply with Chapter 42 of the Town of Mukwonago Municipal Code and all other applicable laws, regulations, and permits. k. The authorized uses shall be operated in a manner that does not create a public nuisance or violate the Town's applicable performance standards, including those relating to noise, dust, smoke, odor, vibration, lighting, or other similar impacts. l. The petitioner shall provide and maintain potable water and sanitation as may be required by the Town of Mukwonago or the Waukesha County Environmental Health Division to serve the authorized use. With the exception of the Farm Store authorized in Section 2(d), any accessory building or structure intended for customer occupancy, whether now existing or constructed in the future, shall not be occupied by customers unless adequate on-site sanitary facilities have been installed and approved by the Waukesha County Environmental Health Division. m. Seasonal Building Inspection. Prior to each seasonal operating period, any temporary or seasonal structure intended for customer occupancy or use shall be inspected and approved by the Town Building Inspector, as applicable, and shall comply with all applicable building, electrical, sanitary, fire, and other governmental approval requirements before being occupied or placed into service. n. Accessory Agritourism Amenities shall not be operated independently of an Authorized Agritourism Activity or an authorized Private Agritourism Gathering. Accessory Agritourism Amenities may be operated only when an Authorized Agritourism Activity or author ized Private Agritourism Gathering is occurring on the SUBJECT PROPERTY, unless otherwise specifically authorized by this Conditional Use Order or the approved SPPO. o. Except as otherwise authorized by the Town Plan Commission, a food establishment shall also be operating during a Pop-Up Beer Garden Event or whenever a Pop-Up Beer Garden is open to the public. p. No new principal building, customer-occupied accessory building, structure, or substantial site improvement associated with this Conditional Use Order shall be constructed or occupied without all approvals otherwise required by the Town and other applicable governmental agencies, including Plan Commission approval where required by this Conditional Use Order or the approved SPPO. q. Parking, traffic circulation, pedestrian circulation, and emergency vehicle access shall be maintained in accordance with the approved Parking and Traffic Management Plan and the approved Site Plan and Plan of Operation ("SPPO"), as amended from time to ti me. The Town Plan Commission may require reasonable modifications to the approved Parking and Traffic Management Plan through an amendment to the SPPO to address public safety, traffic operations, or emergency access. r. During the winter and off-season periods, customer parking shall be limited to the improved parking areas identified in the approved SPPO, except that designated hayfield or grass areas may be utilized for overflow customer parking when weather, soil, and ground conditions are suitable for such use. Overflow parking shall be limited to areas identified in the approved SPPO. and shall not be permitted when conditions are wet, saturated, snow-covered to an extent that prevents orderly parking, or otherwise unsuitable for safe vehicular access and parking without causing rutting or damage to the site. During periods when such overflow parking areas are unsuitable for use, the APPLICANT DRAFT Petitioner shall actively monitor customer attendance to ensure that no more than fifty (50) customer vehicles are parked on the SUBJECT PROPERTY at any one time. s. This Conditional Use Order shall be subject to an initial review by the Town Plan Commission in February of 2028, or at such other time as determined by the Town Plan Commission. The purpose of the review shall be to evaluate the Petitioner's compliance with this Conditional Use Order, the approved Site Plan and Plan of Operation ("SPPO"), and other applicable governmental approvals, and to determine whether the expanded operation has been conducted in a manner that protects the public health, safety, and welfare. If the Town Plan Commission determines that the expanded operation has been conducted in substantial compliance with this Conditional Use Order and the approved SPPO, the Plan Commission shall direct that a written determination to that effect be prepared, and no further action shall be required. Thereafter, this Conditional Use Order shall be subject to the five-year administrative renewal procedures established by Article V, Division 4, Section 36-293 of the Town of Mukwonago Zoning Code. t. The Town Plan Commission may require amendments to the approved SPPO when reasonably necessary to address demonstrated operational issues or to ensure continued compliance with this Order, provided such amendments do not materially expand the authorized conditional use. For purposes of administration of this Conditional Use Order, examples of material expansion include, but are not necessarily limited to: i. establishment of a new principal use; ii. expansion of the Agritourism Activity Season established by this Order; iii. construction of additional principal buildings or structures not otherwise authorized herein; iv. increases in parking, attendance, or operational intensity beyond limitations established by this Order or the approved Site Plan and Plan of Operation; or v. any other change determined by the Town Plan Commission to substantially alter the nature or intensity of the approved conditional use. vi. Changes that do not constitute a material expansion may be processed through amendment of the approved Site Plan and Plan of Operation as otherwise authorized by this Order. u. The Petitioner and Property Owners shall at all times comply with all applicable federal, state, county, and local laws, regulations, permits, licenses, and orders applicable to the approved conditional use. 6. Special provisions related to signage. Subject to the petitioner submitting to and receiving approval from the Town of Mukwonago Plan Commission a signage plan, the same to include the exact size, location, and illumination of any signs to be located temporarily or permanently on the subject property, and on lands owned by the applicant or family members, and related to this conditional use. One 4 by 8 ft. sign may be allowed on the subject property and no more than three 12 sq. ft. temporary signs be allowed as approved by the Town Plan Commission. Temporary signs shall only be displayed from August 15 through January 10 of each year. Any sign related to this conditional use must be removed in the event the land on which the sign is located is no longer owned by the petitioner, unless a signed permit is granted to the new owner. In any event, any sign related to the operations conducted pursuant to this conditional use must be removed upon termination of the conditional use, even if such signs are not located on the subject property. In the event that the variances are necessary for the signs, any required variances must be granted prior to installation of their own signage. Written documentation shall be presented from the State Department of Transportation concerning their approval of the signage location if necessary. 7. Special provisions related to parking. Parking, traffic circulation, pedestrian circulation, emergency access, and traffic control shall be maintained in accordance with the approved Parking and Traffic Management Plan, as incorporated into the approved Site Plan and Plan of Operation ("SPPO"), as amended from time to time. The Town Plan Commission may require reasonable modifications to the approved Parking and Traffic Management Plan through an amendment to the SPPO when necessary to address public safety, traffic operations, emergency APPLICANT DRAFT access, or recommendations of the Wisconsin Department of Transportation, the Town Engineer, the Mukwonago Police Department, or the Mukwonago Fire Department, provided such modifications do not materially expand the authorized conditional use. 8. Effect on farming operations. Nothing herein shall be interpreted to prohibit ordinary farm activities on the subject property, which are otherwise authorized by the Town of Mukwonago zoning code, including growing of crops, raising of livestock, and personal and farm -related use of vehicles and equipment. 9. Expansion or changes. The conditional use hereby authorized shall be confined to the SUBJECT PROPERTY and shall not be materially expanded or changed except as expressly authorized herein. Any material expansion of, or material change to, the authorized uses, activities, structures, site improvements, or operational standards shall require approval of an amendment to this Conditional Use Order. The Town Plan Commission shall determine whether a proposed modification may be approved through amendment of the approved Site Plan and Plan of Operation ("SPPO") only if the proposed modification is consistent with, implements, and remains within the scope of this Conditional Use Order and does not authorize any material expansion of, or material change to, the uses, activities, or appro vals granted herein, or constitutes a material expansion or material change requiring amendment of this Conditional Use Order. Any modification not meeting these standards shall require amendment of this Conditional Use Order. 10. Modification of property boundary lines. The property owners shall not change the size and/or shape of any parcel of land subject to this order by any means without the approval of the Town Board. If the Town Board determines that a proposed change is substantial with regard to the overall size of the parcel and/or configuration, such change shall require approval of an amendment to this Conditional Use Order, pursuant to the requirements in effect at the time of application. 11. Amendments to Approved Plans. The Town Plan Commission may approve amendments to the approved SPPO only to the extent such amendments are consistent with and implement the provisions of this Conditional Use Order and do not authorize any material expansion of, or material change to, the uses or activities authorized herein. 12. Inspection. The property owners and petitioner shall allow Town of Mukwonago staff, officials, and other authorized agents to inspect the subject property, at any reasonable time and for any proper purpose related to compliance with this conditional use order. 13. Termination of approval. Should the conditional use be abandoned in any manner or discontinued in use for 12 consecutive or 18 cumulative months during a 3 -year period, or continued other than in strict compliance with the conditions of the original approval, or should the property owners be delinquent in payment of any monies due and owing to the Town, or should the change to the character of the surrounding area, or the use itself cause it to be no longer compatible with the surrounding area, or for similar cause based upon consideration of public health, safety, or welfare, the use shall be terminated by the action of the Town Plan Commission and Town Board pursuant to the enforcement provisions of the Municipal Code for the Town of Mukwonago. For the purpose of this section, a use shall not deemed to be discontinued during periods in which it is normally inactive. 14. Private rights. This approval is given under the Town of Mukwonago’s zoning code and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants. 15. Interpretation. If any provision of this Conditional Use Order is in conflict with any other provision of this Conditional Use Order or the approved Site Plan and Plan of Operation ("SPPO"), the more restrictive provision shall control. APPLICANT DRAFT 16. Other permits. This order shall not be deemed to constitute a building permit, or constitute any other license or permit required by Town Ordinance or other local, state, or federal law. 17. Severability. In the event a court of competent jurisdiction determines that a paragraph or phrase of this conditional use order is unlawful, illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use order and the remainder shall continue in full force and effect. 18. Terms. This conditional use approval is issued to Schuett Farms, LLC and is nontransferable except the Town Board may authorize Schuett Farms, LLC to transfer its interest to another company, registered with the Wisconsin Department of Financial Institutions that has members which are members of Schuett Farms, LLC. Any other person or business entity ha s the right to submit an application for a conditional use, which shall be reviewed pursuant to the requirements in effect at the time of application. 19. Ongoing review. This conditional use may be reviewed by the Town Plan Commission at any time upon complaint or upon Town Plan Commission initiative. 20. Amendment. The petitioner may, with the approval of the property owners, propose an amendment to this conditional use order at anytime by submitting a written petition to the Town Clerk, which shall be reviewed pursuant to the requirements in effect at the time of application. 21. Violation. Any violation of this order may be treated as an ordinance violation and each day of each violation of each condition herein shall be treated as a separate violation. In addition to the other remedies available, the Town of Mukwonago retains the right to correct the violation and the expense to correct a violation will be paid by the property owner as set forth in the ordinances of the Town. 22. Fees and Expenses. The petitioner and/or property owners are required to reimburse the Town for any and all fees paid by the Town for technical assistance in reviewing and enforcing this conditional approval. Said payments shall be paid upon request of the Town. The Town Clerk's office shall provide the petitioner and property owners with itemized invoices. APPLICANT DRAFT Approved this ____ day of ___, 2026 BY THE TOWN BOARD OF THE TOWN OF MUKWONAGO: Peter Topczewski Kathy Karalewitz Town Chair Town Administrator STATE OF WISCONSIN ) ) SS COUNTY OF WAUKESHA ) Personally came before me this day of , 2026, the persons described above, Peter Topczewski, Town of Mukwonago Town Chair, and Kathy Karalewitz, Town of Mukwonago Town Administrator, to me known to be the persons who executed the foregoing instrument and to me known to be such Town Chair and Town Administrator of said municipal corporation and acknowledged that they executed the foregoing instrument as such officers of said municipal corporation by its authority and pursuant to the authorization by the Town Board from their meeting on the ____ day of _____, 2026. NOTARY PUBLIC My Commission Expires: APPLICANT DRAFT Acceptance by Property Owner The undersigned Property Owners hereby acknowledge that they are the owners of the SUBJECT PROPERTY described in Exhibit A and accept the terms and conditions of this Conditional Use Order. Dated this day of , 2026 Robert H. Schuett, Trustee Date Linda Schuett, Trustee Date STATE OF WISCONSIN ) ) SS COUNTY OF WAUKESHA ) Personally came before me this ____ day of ______________, 2026, the above -named individuals, being the duly authorized representatives of the entities executing the foregoing instrument, to me known to be such persons and who acknowledged that they executed the foregoing instrument on behalf of said entities as their free and voluntary act and deed. NOTARY PUBLIC My Commission Expires: The remainder of this page is left intentionally blank. APPLICANT DRAFT Acceptance by Property Owner I, Robert Schuett III, verify that I am authorized to sign this document on behalf the Robert H Jr & Constance J Schuett Family Trust and that the Robert H Jr & Constance J Schuett Family Trust as owner of the property listed in Exhibit A accepts the terms stated herein. Dated this day of , 2026 Robert Schuett III, Authorized Agent STATE OF WISCONSIN ) ) SS COUNTY OF WAUKESHA ) Personally came before me this day of , 2026, the above-named person, Robert Schuett III, to me known to be the person who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC My Commission Expires: The remainder of this page is left intentionally blank. APPLICANT DRAFT Acceptance by Petitioner I, Robert Schuett III, verify that I am authorized to sign this document on behalf Schuett Farms, LLC and that Schuett Farms, LLC accepts the terms stated herein. Dated this day of , 2013 Robert Schuett III, Authorized Agent STATE OF WISCONSIN ) ) SS COUNTY OF WAUKESHA ) Personally came before me this day of , 2026, the above-named person, Robert Schuett III, to me known to be the person who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC My Commission Expires: This document was prepared by Ben Greenberg, Town Planner, at the direction of the Town of Mukwonago Town Board. The remainder of this page is left intentionally blank. APPLICANT DRAFT Exhibit A – Property Ownership and Legal Description for Subject Properties Map Reference Owner Name Tax Key Number Approximate Acreage Legal Description A Robert H Schuett and Linda L Schuett MUKT 1878.999 7 PT NW1/4 SEC 2 T5N R18E; COM NW CRNR SEC 2; S00°56'40"E ALNG CNTRLNE HWY 83 755.00 FT TO NW CRNR OF LANDS DSCRBD IN DOC #1017143; N88°00'00"E ALNG N LINE 412.00 FT; N00°56'40"W PARALLEL TO CNTRLNE 733.43 FT TO N LINE OF NW1/4 SEC 2; WLY ALNG N LINE 412.16 FT TO BGN B Robert H Schuett and Linda L Schuett MUKT 1878.999.001 53.67 W1/2 OF NW1/4 SEC 2 T5N R18E :: EX DOC #181872 & EX DOC #786174 & EX DOC #1490889 :: EX PARCEL 50 TRANSPORTATION PROJECT PLAT 1330-12-20 4.08 AMENDMENT 1 :: EX SW1/4 OF NW1/4 SEC 2 COM SW CRNR; S88°59'11"E ALNG S LINE OF NW1/4 663.08 FT; N00°55'55"W 50 FT TO THE BGN; N00°55'55"W 116 FT; S89°59'11"E 435 FT; S00°55'55"E 116 FT; N88°59'11"W 435 FT TO BGN C Robert H Schuett and Linda L Schuett MUKT 1878.998 13.0 W1/2 OF SW1/4 OF NW1/4 SEC 2 T5N R18E :: EX PARCEL 49 TRANSPORTATION PROJECT PLAT 1330-12-20 4.08 AMENDMENT 1 D Hill N Hollow Farm LLC MUKT 1877.998 168.0 W1/2 NE1/4 & E1/2 NW1/4 SEC 2 T5N R18E :: EX CERT SURV 3537 :: DOC# 4050424 A B C D APPLICANT DRAFT Site Plan and Plan of Operation Schuett Farms W299 S3670 STH 83 Tax Keys MUKT1878-998; MUKT1878-999-001; MUKT1877-998; and MUKT1878-999 1. Purpose. This Site Plan and Plan of Operation ("SPPO") is adopted pursuant to the Conditional Use Order for Schuett Farms and establishes the approved site layout, operational characteristics, management practices, and operational standards for the uses authorized by the Conditional Use Order. This SPPO is intended solely to implement the Conditional Use Order and shall not be interpreted to expand or modify the approvals granted therein. Unless otherwise expressly provided herein, amendments to this SPPO may be approved by the Town Plan Commission in accordance with Sections 9 and 11 of the Conditional Use Order. Any amendment that would constitute a material expansion of, or material change to, the Conditional Use Order shall require amendment of the Conditional Use Order. Upon approval by the Plan Commission and acceptance by the property owner, all previous site plan/plan of operation approvals are rescinded. 2. Approved Site Plan. The approved Site Plan shall identify as applicable: A. Customer Occupied Buildings and Structures i. Farm Retail Store ii. Picnic shelter B. Other buildings and structures not noted in (A). i. Cashier structure ii. Observation towers C. Temporary Structures including tents. D. Christmas tree sales area E. Mulch sales area F. Seasonal retail areas G. Corn maze H. Hayride routes I. Pumpkin/corn launcher J. Family Activity area(s) K. Seasonal Activity Areas not listed above. L. Producer Market area(s) and Seasonal Retail Sales area(s) M. Pop-Up Beer Garden locations N. Mobile Food Establishment locations O. Fire pit locations P. Detailed Parking and Access information including: i. Late season / inclement weather parking area ii. Accessible parking iii. Overflow parking iv. Bus parking v. Internal drive aisles vi. Emergency vehicle routes vii. Pedestrian circulation Q. Lighting R. Signage S. Portable sanitation 3. Christmas Tree Operation. The Christmas Tree Operation includes the seasonal retail sale of Site Plan and Plan of Operation for Schuett Farms Page 2 Christmas trees, wreaths, fresh greens, holiday decorations, and related seasonal merchandise. A. Season and Hours of Operation. The Christmas Tree Operation may operate annually from November 1 through December 31, seven (7) days per week, between the hours of 5:00 a.m. and 10:00 p.m. B. Temporary Structures. The following temporary structures are authorized during the Christmas Tree season: i. One (1) temporary retail tent not exceeding 1,600 square feet; and ii. One cashier structure not exceeding 225 square feet is authorized as depicted on the approved Site Plan. C. Merchandise. The following merchandise may be offered for sale: i. Christmas trees; ii. Fresh-cut greens; iii. Wreaths; iv. Garlands; v. Boughs; vi. Door charms; vii. Tree preservatives; viii. Tree stands; ix. Tree-tying netting; x. Tree disposal bags; and xi. Other seasonal agricultural or holiday-related merchandise approved as part of this SPPO. D. Christmas trees offered for sale shall be displayed within the designated fenced sales area located south of the primary entrance driveway, as depicted on the approved Site Plan. E. At least one (1) portable toilet shall be provided for public use during the Christmas Tree sales season and shall be maintained in a clean and sanitary condition throughout the operating season. F. All temporary structures shall be removed no later than January 10 of the following year unless otherwise approved by the Town Plan Commission. 4. Mulch Operation A. Season and Hours of Operation. The Mulch Operation may operate year-round, seven (7) days per week, between the hours of 5:00 a.m. and 10:00 p.m. B. The Mulch Operation consists primarily of storage, loading, sale, customer pickup and delivery of mulch products. C. Mulch Storage: i. Mulch shall be stored only within the designated mulch storage area depicted on the approved Site Plan. ii. No more than four (4) different mulch products shall be stored on the property at any one time. iii. Each mulch pile shall be limited to a maximum volume of 160 cubic yards. iv. The four mulch piles must be in a contained structure no more than 4 feet tall as approved by the Town Plan Commission on the site plan/plan of operation. D. Customer parking associated with the Mulch Operation shall utilize parking areas identified on the approved Site Plan. E. Equipment. Equipment utilized in conjunction with the Mulch Operation shall generally be limited to a front-end loader and a small dump truck. 5. Agritourism Activities. Agritourism Activities are intended to promote agricultural education, agricultural recreation, and public interaction with agriculture while remaining clearly accessory to the ongoing agricultural operation. All Agritourism Activities shall be conducted in accordance with the approved SPPO, and the Conditional Use Order. Site Plan and Plan of Operation for Schuett Farms Page 3 A. Season and Hours of Operation. Agritourism Activities may operate annually during the Agritourism Activity Season, seven (7) days per week. Operating hours and any seasonal restrictions for individual Agritourism Activities shall be as specifically provided in this SPPO. B. Corn Maze. The Corn Maze shall generally operate in conjunction with the Fall Agritourism season. i. The Corn Maze may operate Monday through Thursday and Sunday from 9:00 a.m. until thirty (30) minutes after sundown, with the last admission occurring no later than one (1) hour before sunset. ii. The Corn Maze may operate on Fridays and Saturdays from 9:00 a.m. until 12:00 midnight, with the last admission occurring no later than 11:00 p.m. iii. One additional Thursday each October may operate until 12:00 midnight to coincide with the Mukwonago Area School District teacher convention schedule. iv. Nighttime Corn Maze activities, including haunted corn maze events, are permitted. v. Admission to nighttime Corn Maze events shall be managed in a manner that maintains safe occupancy levels, parking capacity, and orderly operation. vi. One temporary employee observation tower, not exceeding 20 feet in height, and one temporary patron observation bridge, not exceeding 10 feet in height, are permitted. All such structures shall comply with applicable building codes and shall be removed following the conclusion of the Fall Agritourism season. vii. The observation bridge shall be closed no later than thirty (30) minutes after sunset. viii. The Corn Maze shall be located as depicted on the approved Site Plan. ix. The approved Site Plan shall identify the location of any observation towers, observation bridges, emergency access points, entrance and exit locations, and pedestrian circulation routes. x. The Corn Maze shall be operated in a manner that provides adequate staffing, emergency access, and public safety. xi. Temporary lighting associated with the Corn Maze shall comply with the approved Lighting Plan. C. Hayrides. Hayrides are authorized as an accessory Agritourism Activity. i. Hayrides shall operate only along the approved routes depicted on the Site Plan, which shall identify all passenger loading and unloading locations. ii. Hayrides shall originate from the farm complex and operate generally within the area depicted on the approved Site Plan. The exact route may vary to accommodate crop rotations, agricultural operations, and field conditions. iii. The last hayride shall depart no later than 11:00 p.m. iv. Nighttime hayrides may include paintball hayrides and haunted hayrides. v. Paintball guns utilized during paintball hayrides shall be securely fixed to the wagon. The operator shall conduct the activity in a manner that does not endanger participants, spectators, or the general public. vi. No more than six (6) wagons may be operated in conjunction with the hayride activity at any one time. vii. Each wagon shall have a maximum passenger capacity of forty (40) persons. viii. Wagons shall be pulled by tractors or other agricultural equipment appropriate for the safe transport of passengers. ix. No portion of a hayride route shall be located in a Conservancy (C-1) zoning district. No portion of a hayride route shall be located in an Environmental Corridor (EC) zoning district except when an existing road or trail is used. x. Hay rides shall be operated in a safe manner with adequate supervision. D. Pumpkin/Corn Launching. i. The Pumpkin/Corn Launching area shall be located as depicted on the approved Site Plan. ii. No more than five (5) slingshot-type pumpkin launchers and/or corn launchers shall Site Plan and Plan of Operation for Schuett Farms Page 4 be operated at any one time. iii. Spectator viewing areas shall be established and maintained at safe distances from the launching area. iv. Appropriate barriers, setbacks, or other safety measures shall be utilized to protect participants and spectators. v. An employee shall provide continuous supervision whenever the Pumpkin Launching activity is in operation. vi. No permanent or temporary outdoor lighting shall be installed or utilized within the Pumpkin Launching area. E. Agricultural Education Activities. Agricultural Education Activities are intended to educate visitors regarding agriculture, farming practices, food production, conservation, and related subjects. Agricultural Education Activities may include educational displays, demonstrations, interpretive exhibits, school field trips, agricultural presentations, guided educational experiences, and similar educational programming conducted in conjunction with the overall agricultural and agritourism operation. F. Farm Tours are authorized to educate visitors regarding the agricultural operation and agritourism activities conducted on the SUBJECT PROPERTY. Farm Tours shall utilize designated routes and gathering areas identified on the approved Site Plan and shall be conducted in a manner that protects visitors, agricultural operations, livestock, crops, farm equipment, and natural resources. Farm Tours shall not unreasonably interfere with normal agricultural operations. G. Family Activity Areas are authorized as an accessory Agritourism Activity and are intended to provide recreational opportunities that complement the agricultural character of Schuett Farms. Such activities shall remain agricultural in theme and clearly subordinate to the overall agricultural and agritourism operation. All Family Activity Areas shall be located as depicted on the approved Site Plan and maintained in a safe operating condition. The approved Site Plan shall identify the location and general operational characteristics of all Family Activity Areas. Additional family-oriented agricultural play features may be approved by the Town Plan Commission through amendment of this SPPO, provided they remain consistent with the Conditional Use Order. 6. Farm Retail Store A. Season and Hours of Operation. The Farm Retail Store may operate year-round, seven (7) days per week, between the hours of 6:00 a.m. and 9:00 p.m. During the Christmas Tree Operation and Agritourism Activities, the Farm Retail Store may operate during the approved hours applicable to those activities. B. Building. i. The Farm Retail Store shall be located in the building depicted on the approved Site Plan. ii. The first floor shall be utilized primarily for retail sales. The second floor may be utilized for office, storage, employee support space, and other uses accessory to the Farm Retail Store. iii. The Farm Retail Store may also serve as the cashier location during seasonal agritourism activities. iv. Customer occupancy of the Farm Retail Store shall comply with all applicable occupancy limitations established by the Building Inspector and Fire Department. C. Merchandise. The Farm Retail Store may offer for sale products and merchandise: i. Farm produce; ii. Holiday decorations; iii. Craft items; iv. Artwork; v. Food items; vi. Seasonal merchandise associated with the Christmas Tree Operation and Agritourism Site Plan and Plan of Operation for Schuett Farms Page 5 Activities; and vii. Other agricultural or farm-related merchandise approved as part of this SPPO. D. Food Sales i. Food and beverage sales are permitted provided they remain accessory to the Farm Retail Store and the overall agricultural and agritourism operation. ii. The Farm Retail Store shall not operate as a restaurant unless otherwise authorized through an amendment to the Conditional Use Order. iii. The operator shall obtain and maintain all licenses and permits required by the Waukesha County Environmental Health Division and other applicable regulatory agencies. E. Producer Markets. Producer Markets are authorized as an accessory component of the Farm Retail Store. Producer Markets are intended to support local and regional agricultural producers and shall remain consistent with the agricultural character of Schuett Farms. Producer Markets may include the sale of agricultural products, value-added agricultural products, locally produced food products, nursery products, handcrafted goods, artisan products, and other products approved by the Town Plan Commission. Preference should be given to vendors offering products grown, produced, or substantially created within southeastern Wisconsin. The approved Site Plan shall identify the general location and operational characteristics of Producer Markets. 7. Private Agritourism Gatherings. Private Agritourism Gatherings are authorized as an accessory component of the Agritourism Activities and are intended to provide opportunities for private groups to experience the agricultural and agritourism operation of Schuett Farms. Private Agritourism Gatherings shall remain subordinate to the overall agricultural and agritourism operation and shall not constitute a principal event venue. A. Season and Hours of Operation. Agritourism Activities may operate annually during the Agritourism Activity Season, seven (7) days per week, Activities shall conclude no later than 10:00 p.m. unless a different closing time is expressly authorized elsewhere in this SPPO or approved by the Town Plan Commission through amendment of this SPPO. B. Authorized Activities. Private Agritourism Gatherings may include but are not limited to: i. Corporate outings; ii. Family gatherings and reunions; iii. Birthday parties; iv. Youth organizations, such as FFA, 4-H, Scouts, and similar organizations; v. Church or civic organizations; and vi. Agricultural organizations; C. Operational:Standands. i. Private Agritourism Gatherings shall utilize the parking, access, and circulation facilities identified on the approved Site Plan. ii. Food service, including catered meals, food trucks, or other commercial food vendors, Live Music, Recreational Fire Pits, and alcohol service may be provided in conjunction with a Private Agritourism Gathering in accordance with the applicable provisions of this SPPO. iii. Private Agritourism Gatherings shall not interfere with normal agricultural operations or create unsafe conditions for visitors or farm employees. iv. The operator shall comply with all applicable licensing, health, building, fire, and public safety requirements. v. Private Agritourism Gatherings shall remain clearly accessory to the agricultural and agritourism operation and shall not be conducted in a manner that establishes or functions as a commercial banquet facility, wedding venue, conference center, or similar principal event use. D. Event Management. The Town Plan Commission and Town Board may establish additional operational standards through amendment of this SPPO relating to attendance, frequency, Site Plan and Plan of Operation for Schuett Farms Page 6 parking management, traffic control, sanitation, security, event staffing, event scheduling or other operational characteristics necessary to protect the public health, safety, and welfare and to ensure that Private Agritourism Gatherings remain accessory to the approved agricultural and agritourism operation.. E. Optional Operational Limitations. i. No numerical limitation shall apply to Major Private Agritourism Gatherings conducted between September 1 and October 31. ii. The maximum number of Major Private Agritourism Gatherings conducted during the remainder of the Agritourism Activity Season shall not exceed twenty (20) during any calendar year. iii. All Events shall conclude no later than 10:00 p.m. 8. Mobile Food Establishments (“Food Trucks”) and other Food Sales. Mobile Food Establishments are authorized as an accessory component of the Agritourism Activities and Farm Retail Store. Mobile Food Establishments are intended to provide food and beverage service that complements the overall agricultural and agritourism operation and shall not become a principal use of the SUBJECT PROPERTY. A. Location. Mobile Food Establishments shall operate only in the locations identified on the approved Site Plan. B. Operations i. Mobile Food Establishments shall obtain and maintain all licenses and permits required by the Waukesha County Environmental Health Division and other applicable regulatory agencies. ii. Adequate refuse and recycling receptacles shall be provided and maintained in conjunction with Mobile Food Establishment operations. iii. Mobile Food Establishments shall not obstruct emergency access routes, internal traffic circulation, or required parking areas. C. Frequency and Intensity. i. No more than three (3) Mobile Food Establishments may operate on the SUBJECT PROPERTY at any one time. ii. Mobile Food Establishments shall not be present or operate on the SUBJECT PROPERTY on more than three (3) days during any calendar week (Sunday through Saturday). D. Food and drinks may also be sold in conjunction with the Christmas Tree Operation, provided such sales are accessory to the overall agricultural and agritourism operation. The operator shall obtain all necessary food vendor permits from the Waukesha County Environmental Health Division. A Mobile Food Establishment may be used for this purpose. 9. Pop-Up Beer/Wine Gardens. Pop-Up Beer/Wine Gardens are authorized as an accessory component of the Agritourism Activities and are intended to provide temporary food and beverage service that complements the agricultural and agritourism character of Schuett Farms. Pop-Up Beer Gardens shall remain subordinate to the overall agricultural and agritourism operation and shall not constitute a principal use of the SUBJECT PROPERTY. A. Season and Hours of Operation. Pop-Up Beer Gardens may operate only during the Agritourism Activity Season. Hours of operation shall not exceed the hours authorized for the associated Agritourism Activity. B. Frequency of Operation. i. Maximum of ten (10) Pop-Up Beer Garden Events from September 1 through Site Plan and Plan of Operation for Schuett Farms Page 7 October 31. ii. Maximum of fifteen (15) total Pop-Up Beer Garden Events during the cumulative period of March 1 through August 31 and November 1 through December 31. iii. A maximum of two (2) Pop-Up Beer Garden Events during any calendar week (Sunday through Saturday). C. Location. Pop-Up Beer Gardens shall operate only in the locations identified on the approved Site Plan. D. Operations i. Pop-Up Beer Gardens shall be conducted only as an accessory component of one or more public Agritourism Activities actively operating on the SUBJECT PROPERTY and shall not be operated as an independent attraction or destination. ii. Pop-Up Beer Gardens shall not operate as an independent or stand-alone destination separate from the agricultural and agritourism operation. iii. Alcohol service provided exclusively as part of a Private Agritourism Gathering shall not be considered a Pop-Up Beer Garden (event) for purposes of this SPPO. iv. The operator shall obtain and maintain all licenses, permits, and approvals required by the Town of Mukwonago, the State of Wisconsin, and any other applicable regulatory authority. v. Adequate refuse collection, recycling, and sanitation facilities shall be provided whenever a Pop-Up Beer Garden is in operation. E. Management. The approved Site Plan and this SPPO may establish operational standards relating to seating areas, fencing, pedestrian circulation, staffing, security, hours of service, and other operational characteristics necessary to protect the public health, safety, and welfare. 10. Live Music. Live Music is authorized as an accessory component of the Agritourism Activities and Private Agritourism Gatherings and is intended to complement the agricultural and agritourism character of Schuett Farms. Live Music shall remain subordinate to the overall agricultural and agritourism operation and shall not constitute a principal use of the SUBJECT PROPERTY. A. Season and Hours of Operation. Live Music may occur only during authorized Agritourism Activities and Private Agritourism Gatherings. Hours of operation shall be limited to the hours of the associated authorized activity. B. Location. Live music shall be conducted only in locations identified on the approved Site Plan. C. Operations. i. Live Music may include acoustic and amplified performances. ii. Performance areas, stages, and audience seating areas shall be located as identified on the approved Site Plan. iii. Amplified sound equipment shall be oriented and operated in a manner that minimizes impacts on surrounding properties. iv. All Live Music activities shall comply with Chapter 42 of the Town of Mukwonago Municipal Code and all other applicable laws, regulations, and permits. To facilitate recurring amplified Live Music, the Petitioner may obtain a single annual amplification permit consistent with Chapter 42. For amplified Live Music conducted under the annual permit, the Petitioner shall provide the Town Clerk and Zoning Administrator at least five (5) days’ advance notice of each event. Such notice shall not require separate approval. v. The Town Plan Commission may establish additional operational standards through amendment of this SPPO relating to performance locations, speaker orientation, event management, or other operational characteristics necessary to protect the public health, safety, and welfare. 11. Recreational Fire Pits. Recreational Fire Pits are authorized as an accessory component of the Agritourism Activities and Private Agritourism Gatherings and are intended to provide seasonal outdoor gathering areas consistent with the agricultural and rural character of Schuett Farms. A. Location. Recreational Fire Pits shall be located only in the locations identified on the Site Plan and Plan of Operation for Schuett Farms Page 8 approved Site Plan. B. Fire Department Review. Final fire pit locations and associated fire safety measures shall be reviewed by the Mukwonago Fire Department prior to operation. C. Operations: i. Recreational Fire Pits shall be attended and monitored whenever in use. ii. Adequate fire suppression equipment shall be maintained in the immediate vicinity of each Recreational Fire Pit. iii. Recreational Fire Pits shall not be operated during periods of high winds or other weather conditions that create an unreasonable fire hazard. iv. The operator shall comply with all burn restrictions, fire regulations, and directives issued by the Mukwonago Fire Department or other governmental authority having jurisdiction. v. Fire pits shall be extinguished immediately upon request of the Mukwonago Fire Department or other emergency response agency. 12. Parking and Traffic Management A. Parking: i. The operator shall provide a minimum of five-hundred (500) off-street parking spaces in the general locations depicted on the approved Site Plan. ii. Parking areas that are not hard surfaced on the date of approval shall remain unpaved unless otherwise approved by the Town Plan Commission through amendment of this SPPO. The parking area serving the Farm Retail Store may be hard surfaced. B. Site Plan Details: i. Customer parking; ii. Employee parking; iii. Accessible parking; iv. Bus parking; v. Overflow parking; and vi. Emergency vehicle access. vii. Late season / inclement weather parking area viii. Internal drive aisles ix. Emergency vehicle routes x. Pedestrian circulation C. Final parking, circulation, and traffic management plans shall be reviewed by the Mukwonago Police Department and Mukwonago Fire Department prior to operation. D. The operator shall also comply with any applicable requirements of the Wisconsin Department of Transportation related to access from State Trunk Highway 83. E. Ongoing Operations. The operator shall monitor parking and traffic conditions during periods of peak attendance and implement reasonable operational measures necessary to maintain safe access, emergency vehicle circulation, and orderly traffic movement. F. Parking areas shall be maintained in a condition suitable for their intended use. 13. Outdoor Lighting A. Lighting Plan. All permanent and temporary outdoor lighting shall be installed and maintained in accordance with the approved Site Plan and Lighting Plan. B. General Standards. Outdoor lighting shall be designed and operated to: i. Provide adequate illumination for public safety; ii. Minimize glare onto adjacent properties and public roadways; iii. Preserve the rural character of the surrounding area; and iv. Avoid unnecessary light trespass beyond the SUBJECT PROPERTY. C. Operational Standards i. Temporary lighting may be utilized in conjunction with authorized Agritourism Activities, the Christmas Tree Operation, Private Agritourism Gatherings, and other activities authorized by the Conditional Use Order. Site Plan and Plan of Operation for Schuett Farms Page 9 ii. Outdoor lighting associated with specific activities shall comply with any additional operational standards established elsewhere in this SPPO. iii. Temporary parking lot lighting associated with Agritourism Activities shall be extinguished no later than forty-five (45) minutes following the conclusion of the associated activity, unless otherwise approved by the Town Plan Commission. iv. Lighting associated with the Farm Retail Store shall be extinguished no later than thirty (30) minutes after the close of business. v. Temporary lighting may be installed along pedestrian walkways and gathering areas as necessary to provide for safe pedestrian circulation. D. Administrative Modifications. The Town Plan Commission may approve minor modifications to the approved Lighting Plan through amendment of this SPPO, provided such modifications do not materially increase light impacts on surrounding properties. 14. Signage A. General. All permanent and temporary signage shall be installed and maintained in accordance with the approved Site Plan, applicable provisions of the Town of Mukwonago Municipal Code, and any approved Signage Plan. B. Permanent Signs. The following permanent signs are authorized: i. One (1) permanent sign, not exceeding 4 feet by 8 feet, located at the primary entrance as depicted on the approved Site Plan. The sign may advertise the Farm Retail Store and other activities authorized by the Conditional Use Order. ii. One (1) sign located on or within ten (10) feet of the Farm Retail Store building. iii. The entrance sign may be illuminated. Any illumination shall be extinguished no later than thirty (30) minutes after the Farm Retail Store closes. C. Temporary Signs. The following temporary signs are authorized: i. Two (2) temporary directional signs, each not exceeding 32 inches by 48 inches, located generally along State Trunk Highway 83 as depicted on the approved Site Plan. ii. One (1) portable sign, not exceeding 4 feet by 8 feet, located as depicted on the approved Site Plan and used to advertise the Christmas Tree Operation, Agritourism Activities, and other authorized seasonal activities. D. Sign Plans. Plans and specifications for permanent signs shall be submitted to the Town for review and approval prior to installation. 15. Property Maintenance A. General. The SUBJECT PROPERTY shall be maintained in a neat, orderly, safe, and attractive condition consistent with the approved agricultural and agritourism operation. B. Buildings and Grounds. Buildings, structures, parking areas, landscaping, fencing, signage, lighting, and other site improvements shall be maintained in good repair and in a safe operating condition. C. Refuse. Refuse, recycling, and waste materials shall be collected and disposed of on a regular basis. Refuse containers shall be maintained in a sanitary condition and screened where practical. D. Seasonal Activities. Temporary structures, seasonal displays, equipment, and materials associated with seasonal activities shall be removed or stored when no longer needed, unless otherwise authorized by this SPPO. E. Compliance. The operator shall maintain the SUBJECT PROPERTY in compliance with the Conditional Use Order, this SPPO, and all applicable federal, state, county, and local laws, regulations, and permits. 16. Hunting. Hunting shall not occur within three-hundred (300) feet of those portions of the SUBJECT PROPERTY utilized for the approved conditional use while customers, participants, employees, contractors, vendors, or other persons associated with an authorized use or activity are present, except as otherwise specifically authorized in the approved SPPO. 17. Emergency Management. A. Emergency Access. Emergency vehicle access routes shall be maintained in accordance with the approved Site Plan and shall remain unobstructed during all authorized activities. B. Emergency Response. The operator shall maintain procedures for responding to medical Site Plan and Plan of Operation for Schuett Farms Page 10 emergencies, severe weather, fire, lost persons, and other emergencies that may reasonably occur during operation of the approved uses. C. Emergency Contacts. Emergency contact information shall be maintained on-site and made available to Town staff, the Mukwonago Fire Department, the Mukwonago Police Department, and other emergency responders upon request. D. Staff Training. Employees and event staff shall be familiar with emergency procedures applicable to their assigned duties, including emergency notification procedures, emergency vehicle access, evacuation routes, and designated assembly areas. E. Incident Management. The operator shall cooperate with law enforcement, fire, emergency medical services, and other governmental agencies responding to emergencies on the SUBJECT PROPERTY. F. Emergency Operations Plan. The Town Plan Commission may require the operator to prepare or update an Emergency Operations Plan addressing crowd management, emergency communications, evacuation procedures, severe weather response, and other operational matters as part of this SPPO. 18. Disclaimer. This SPPO establishes land use and operational standards applicable to the approved conditional use. While this SPPO includes requirements intended to promote the public health, safety, and welfare, it is not intended to identify or address every operational, safety, or risk management consideration associated with the approved activities. The operator acknowledges that it is solely responsible for the safe planning, operation, supervision, and maintenance of all activities conducted on the SUBJECT PROPERTY, and for complying with all applicable federal, state, county, and local laws, regulations, permits, and industry safety standards. Town of Mukwonago Conditional Use Worksheet – September 2, 2026 – Agritourism and related farm recreation type activities as well as farm-based commercial use located at W299 S6370 State Road 83 (Schuett Farms) Introduction This worksheet is a tool the Plan Commission and Town Board can use in developing their recommendation and decision, respectively. This tool is intended to guide discussion and the decision-making process. Finally, this worksheet is subject to change and the Town reserves the ability to proceed differently than outlined in this worksheet if it is appropriate to do so. Part 1. Compatibility The Plan Commission in making its recommendation and the Town Board in making its decision must determine whether the proposed conditional use is compatible with surrounding properties, whether in the same or different zoning districts. In making this determination, the Plan Commission and Town Board must evaluate whether the petitioner has demonstrated that the use will not result in adverse effects on surrounding properties or that any potentially adverse effects have been eliminated or reduced to an acceptable level. This evaluation shall include consideration of whether the proposal complies with: (i) Each of the special conditions of approval. (ii) Each of the performance standards set forth in Article VI. (iii) Each of the development standards under Section 2.06 and 2.08 – Appendix B, and all other applicable sections of the zoning code; and (iv) All other applicable sections of the Municipal Code and adopted ordinance. Where potential adverse effects are identified, the Plan Commission and Town Board may consider measures to eliminate or reduce such effects to an acceptable level, based on the specific circumstances of the request. Such measures may include but are not limited to: adjusting the location of the use, or parts thereof, on the subject property; limiting hours of operation; limiting the size or scope of the use, or parts thereof; controlling how the use is managed on an ongoing basis; providing additional landscaping; providing additional screening; and limiting operations conducted out-of-doors, where otherwise allowed. The recommendation of the Plan Commission and the decision of the Town Board shall be based on substantial evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, that directly pertain to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. Part 2. Special Conditions Imposed by the Town As allowed by state law and the Town Zoning Code, the Town may impose conditions of approval that are related to the purpose of the ordinance, supported by substantial evidence, reasonable, and, to the extent practicable, measurable. Page 2 _______________________________________________________________ The applicant has submitted a preferred draft Conditional Use Order setting forth the proposed uses, operational limitations, site requirements, and other conditions applicable to this Conditional Use Permit. The draft is provided as a starting point for Plan Commission review and discussion and is expected to be modified, as appropriate, based upon the Commission’s deliberations and recommendation. The draft Conditional Use Order is incorporated by reference into this worksheet for purposes of that review and is included as a separate exhibit. The Plan Commission should review the draft Conditional Use Order and any proposed revisions thereto and, in considering each proposed condition and the conditions collectively, determine whether: A. The condition is related to the purpose of the ordinance, supported by substantial evidence, reasonable, and, to the extent practicable, measurable; If the answer is “no”, conditions that fail this test must be removed or revised to satisfy the test. B. The applicant has demonstrated, through substantial evidence, that it can meet or has agreed to meet the condition; C. Substantial evidence has been provided demonstrating that the applicant cannot meet the condition; and D. Does the Town find, based upon substantial evidence presented, that the applicant meets or has agreed to meet this condition/requirement? Page 3 _______________________________________________________________ Part 3A. Development Standards for the Proposed Use – 2.06 Farm Recreation Will the proposed conditional use comply with each of the development standards prescribed for the conditional use? A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? (a) Validity of use. Farm recreation must be operated as an ancillary use in conjunction with an active farm operation. Yes No Yes No Yes No Yes No (b) Minimum lot area. The minimum lot area for farm recreation is 20 acres. The acreage of adjoining parcels, which are part of a single farm entity as determined by the Plan Commission, may be combined for the purpose of meeting the minimum lot size requirement. Yes No Yes No Yes No Yes No (c) Not in a subdivision. The parcel with this use shall not be located in a platted subdivision. Yes No Yes No Yes No Yes No (d) Activity Areas. Activity areas shall be located and configured to minimize potential conflicts with surrounding properties. Yes No Yes No Yes No Yes No (e) Parking requirements. Determined on a case-by-case. Parking areas shall be located and configured to minimize potential conflicts with surrounding properties. Yes No Yes No Yes No Yes No (f) Screening. When allowed as a conditional use, there must be a type "B" bufferyard along any adjoining parcel in a residential zoning district. The plan commission may waive this requirement, defer Yes No Yes No Yes No Yes No Page 4 _______________________________________________________________ A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? the requirement to a later date, or lessen the standard when deemed unnecessary given the location of the use on the subject property and/or proximity to other existing and potential land uses. (g) Road Access. The property must front on and have direct vehicle access to a major road as depicted on the zoning map. Yes No Yes No Yes No Yes No (h) Application Fee. This use is classified as a Type 2 conditional use in the fee schedule. Yes No Yes No Yes No Yes No Part 3B. Development Standards for the Proposed Use – 2.08 Farm Store Will the proposed conditional use comply with each of the development standards prescribed for the conditional use? (any standards included above were not restated) A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? (i) Validity of use. A farm store must be operated as an ancillary use in conjunction with an active farm operation. Yes No Yes No Yes No Yes No Page 5 _______________________________________________________________ Part 4. Performance Standards Will the proposed use comply with the performance standards in Article 6 of the zoning code? A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? Odors – No odors shall be created for periods exceeding a total of 15 minutes per any day that are detectable (by a healthy observer such as the zoning administrator who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where such property is located in a residential, institutional, or business zoning district. (s. 36-791) Yes No Yes No Yes No Yes No Air pollution - (1) The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited. (2) Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines) is prohibited at all times. (3) Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be controlled by appropriate landscaping, paving, oiling, or other acceptable means as determined by the reviewing authority. (s. 36-792) Yes No Yes No Yes No Yes No Fire and explosive hazards - (1) Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or business zoning district, except that this standard shall not apply to the storage or usage of liquefied Yes No Yes No Yes No Yes No Page 6 _______________________________________________________________ A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? petroleum or natural gas for normal residential or business purposes. (2) Flammable and explosive materials at any point shall be provided with adequate safety and fire-fighting devices consistent with all fire prevention codes of the State of Wisconsin. (3) All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system. (4) The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the town fire department and in accord with their requirements to minimize fire and explosive hazards. (s. 36-793) Glare and heat - (1) No direct or sky- reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. (2) As determined by the zoning administrator, there shall be no discernible transmission of heat or heated air at the lot line. (s. 36-794) Yes No Yes No Yes No Yes No Water quality - (1) No activity shall locate, store, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, Yes No Yes No Yes No Yes No Page 7 _______________________________________________________________ A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? obnoxiousness, toxicity or temperature that might runoff, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant, or aquatic life. (2) No activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward exceeding the minimum standards and those other standards and the application of those standards set forth in Wis. Adm. Code NR 102 or in other applicable chapters which regulate water quality. (s. 36- 795) Noise - No operation or activity shall transmit any noise beyond the boundaries of the property so that it becomes a nuisance (s. 36-796) Yes No Yes No Yes No Yes No Vibration - No physical vibration emanating on a property that is above the vibration perception threshold of an individual shall pass beyond the property line of such property. Vibration perception threshold means the minimum ground- or structure- borne vibrational motion necessary to cause a reasonable person to be aware of the vibration by such direct means as, but not limited to, sensation by Yes No Yes No Yes No Yes No Page 8 _______________________________________________________________ A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? touch or visual observation of moving objects (s. 36-797) Table Key – See table key above. Part 5. Other Standards Will the proposed use(s) comply with all other applicable standards of the zoning code. A Is Condition - Requirement Applicable? B Has Applicant Provided Substantial Evidence [2]? C Has Substantial Evidence [2] to the Contrary Been Provided? D Is Condition - Requirement Met? Other Standards Will the proposed use comply all other applicable sections of the zoning code? Yes No Yes No Yes No Yes No Schuett Farms -- Site Plan 2026 Detailed Site Plan Site Plan Key 3. Corn Maze 4. Cashier Sheds, weighing station for pick your own, food stand 5. Parking Area 6. Activity Area 6 and or 10. Activity Area – Producer Market will be located in activity area 7. Parking 8. Permanent Sign 9. Temporary Sign 10. Pumpkin/Christmas Tree and Activity area 11. Fields used as a pumpkin field and/or corn maze field. Depending on crop rotations. Various hayride paths will be used within the blue line Portable Light Tower Light Portable Toilets 5 5 6 6 3 4 4 7 4 8 9 10 Neighbor Land Not Included Schuett Farms -- Site Plan 2026 Site Plan 11 9 8 Site Plan Key 3. Corn Maze 4. Cashier Sheds, weighing station for pick your own, food stand 5. Parking Area 6. Activity Area 6 and or 10. Activity Area – Producer Market will be located in activity area 7. Parking 8. Permanent Sign 9. Temporary Sign 10. Pumpkin/Christmas Tree and Activity area 11. Fields used as a pumpkin field and/or corn maze field. Depending on crop rotations. Various hayride paths will be used within the blue line Portable Light Tower Light Portable Toilets Neighbor N/A Schuett Farms -- Site Plan 2026 TraƯic Pattern and Pedestrian walkways. The white arrows represent traƯic The red squiggly lines represent pedestrian walkways Lighting Plan The neighbor directly to the east (Neighbor land not included) has a tree line that provides natural screening. In addition, we plant corn in field to the east and south of neighbor’s property to provide additional screening. The neighbor to the north of our property would be the next closest property. There are two natural tree lines that provide screening from our property to their property to the north. Lighting Plan Key 3. Corn Maze 4. Cashier Sheds, weighing station for pick your own, food stand 5. Parking Area 6. Activity Area 6 and or 10. Activity Area – Producer Market will be located in activity area 7. Parking 8. Permanent Sign 9. Temporary Sign 10. Pumpkin/Christmas Tree and Activity area 11. Fields used as a pumpkin field and/or corn maze field. Depending on crop rotations. Various hayride paths will be used within the blue line Portable Light Tower – Candle foot illustrate the direction the light tower will illuminate Light Portable Toilets 5 5 6 6 3 4 4 7 4 8 9 10 Neighbor Land Not Included Existing tree line provides screening from the neighbor’s house. In addition, we plant corn to create a natural screening barrier each year.