Meeting Agenda and Packet

VILLAGE OF WHITEFISH BAY PLAN COMMISSION AGENDA Wednesday, September 30, 2026 – 5:00 p.m. 5300 N Marlborough Drive, Whitefish Bay, WI 53217 Village Hall Board Room As an alternative to attending in-person, the public may access this meeting of the Plan Commission by phone or by computer. Please note that those participating remotely will not have an opportunity to provide public comment. The phone number is: +1 312 626 6799. The Zoom Meeting code is: 835 7709 9395 and the Passcode is: 257098. https://us06web.zoom.us/j/83577099395?pwd=MnFWQTB3Wkdoa3ozbFhFY0xYSG5wQT09 1. Call to Order. 2. Approval of the Minutes of the Regular Meeting of July 21, 2026. 3. PUBLIC HEARING a. On Conditional Use Amendment Application for The Argo – request for increasing operating hours located at 334 E. Silver Spring Dr. 4. NEW BUSINESS a. Review and action on Conditional Use Amendment Application for The Argo – request for increasing operating hours located at 334 E. Silver Spring Dr. b. Review and recommendation to Village Board on proposed Ordinance No. 1930 amending sections 16-3, 16-8A, 16-8C(1), and 16-11A(4)(c) of the Municipal Code pertaining to improved space in accessory buildings and structures. c. Review and recommendation to Village Board on proposed Ordinance No. 1931 to amend sections 16-21C(1)(a), 16-21C(1)(b), 16-21C(2), 16-21C(3), 16-21C(5) and 16- 21E(4)(b)[2] of the Municipal code pertaining to permitted, conditional, and prohibited uses and other standards in District 11 (Silver Spring Drive Business District). 5. Adjournment. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. Contact Village Hall at (414) 962-6690. It is possible that members of and possibly a quorum of members of other Boards, Commissions, or Committees of the Village including in particular the Community Development Authority may be in attendance in the above stated meeting to gather information; no action will be taken by any other Boards, Commissions, or Committees of the Village except by the Board, Commission, or Committee noticed above. Agendas and minutes are available on the Village website (www.wfbvillage.gov) Dated: September 25, 2026 Anna Christopherson – Assistant Village Manager VILLAGE OF WHITEFISH BAY PLAN COMMISSION MEETING MINUTES July 21, 2026 – 5:00 p.m. Village Hall Board Room 1. Call to Order. President Buckley called the meeting to order at 5:00 p.m. Present: President Kevin Buckley, David Ghorbanpoor, Trustee Jay Saunders, Mark Huber, Margaret Jane Moore via Zoom Absent: John Roth, Julie Wilson Also Present: Kelsey McElroy-Anderson – Village Manager, Anna Christopherson – Assistant Village Manager, Joel Oestreich – Director of Building Services 2. Approval of the Minutes of the Regular Meeting on November 24, 2025. COMMISSIONER HUBER MOTIONED TO APPROVE THE MINUTES AS SUBMITTED. TRUSTEE SAUNDERS SECONDED. MOTION CARRIED, 5-0. 3. PUBLIC HEARING a. On Conditional Use Application for Face Foundrie - a facial bar to be located at 330 E. Silver Spring Dr. President Buckley opened the Public Hearing. Seeing no one in attendance to comment, the Public Hearing was closed at 5:02 p.m. b. On Conditional Use Amendment Application for Starbucks Coffee Co. – request for increasing operating and outdoor seating at 302 E. Silver Spring Dr. President Buckley opened the Public Hearing. Seeing no one in attendance to comment, the Public Hearing was closed at 5:02 p.m. 4. NEW BUSINESS a. Review and action on Conditional Use Application for Face Foundrie - a facial bar to be located at 330 E. Silver Spring Dr. Assistant Village Manager Christopherson presented the request for Face Foundrie, a facial bar proposed for the former Wagner Pediatric Dentistry space at 330 E. Silver Spring Drive. The approximately 1,757-square-foot business would have up to eight treatment stations and approximately 15 full- and part-time employees. The proposed weekday and Saturday hours were 9:00 a.m. to 7:00 p.m. and the Sunday hours were 9:00 a.m. to 4:00 p.m. Assistant Village Manager Christopherson noted that the use requires approximately 16 parking spaces under the code, while no dedicated off-street parking is available on site. The Commission may waive the parking requirement based on parking availability in the area. Staff must also approve the interior layout during building plan review for compliance with the glazing standard in Section 16-21E9B. Casee Hawkins, owner operator of Face Foundrie, described the business as an open- concept facial bar offering facial, lash, and brow services. Commissioners asked questions regarding operations, staffing, and expected clientele. Ms. Hawkins estimated 50 to 60 customers per day, with appointments generally lasting about one hour to one hour and 15 minutes and stated that a restriction on deliveries to the north side of the building from 10:00 p.m. to 6:00 a.m. would not create a hardship. The applicant estimated an approximately eight-week build-out and hoped to open by Halloween, subject to approvals and construction timing. COMMISSIONER MOORE MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT APPLICATION FOR FACE FOUNDRIE LOCATED AT 330 E. SILVER SPRING DRIVE WITH THE CONDITIONS LISTED IN THE MEETING MEMO. SECONDED BY TRUSTEE SAUNDERS. MOTION CARRIED 5-0. b. Review and action on Conditional Use Application for Starbucks Coffee Co. – request for increasing operating hours and outdoor seating at 302 E. Silver Spring Dr. Assistant Village Manager Christopherson presented an amendment to Starbucks’ existing conditional use permit for the business at 302 E. Silver Spring Drive. The amendment requested extended operating hours and recognition of the existing outdoor seating area as conforming. Assistant Village Manager Christopherson explained that Starbucks’ original conditional use approval was issued in 1997. Since that time, the zoning code has changed. The proposed amendment would allow Starbucks to use the recently authorized 5:00 a.m. opening option and would bring its existing outdoor patio from legal nonconforming status into conformity. The applicant, Chelsea Adams, described the business and building plans. They explained that the business is associated with Haven Interiors, a long-standing high-end interior design firm, and that the Whitefish Bay location would help serve clients from start to finish on design projects, including furnishings and home goods. They noted strong ties to the Whitefish Bay and North Shore area and stated that many clients already come from this market. The applicants said most deliveries would occur through the front entrance, customer volume at any one time would be relatively modest, and they were targeting an opening around October 1 of the following year. They also discussed plans to restore the façade, including the building’s eyebrow windows. Commissioners discussed the outdoor seating area and noted importance of Starbucks’ responsibility to empty and maintain the garbage receptacle associated with the business. COMMISSIONER HUBER MOTIONED TO APPROVE THE CONDITIONAL USE AMENDMENT APPLICATION FOR STARBUCKS COFFEE CO. LOCATED AT 302 E. SILVER SPRING DRIVE WITH THE CONDITIONS LISTED IN THE MEETING MEMO. SECONDED BY TRUSTEE SAUNDERS. MOTION CARRIED 5-0. c. Discussion on Strategic Plan initiative to evaluate permitted, conditional, and prohibited uses and other standards in District 11 (Silver Spring Drive Business District). The Commission discussed a strategic-plan initiative to review permitted, conditional, and prohibited uses and related development standards in District 11, the Silver Spring Business District. The discussion followed earlier input from the Village Board and Community Development Authority. Topics discussed by the Plan Commission included whether unlisted uses should be prohibited by default rather than treated as conditional uses; whether to add a boutique hotel use; and whether to restrict first-floor financial institutions, interior-design services, wireless stores, or motor-vehicle sales and service. Commissioners discussed the potential benefits of greater control over uses, alongside concerns about discouraging new businesses and making existing businesses nonconforming or limiting property reinvestment. The Commission generally supported prohibiting drive-through entrances and exits on Silver Spring Drive, while noting the need to consider access from alleys or side streets and existing conditions. Commissioners did not support a broad prohibition of wireless-carrier stores and discussed clarifying use definitions, including apparel, repair and motor-vehicle sales, to avoid unintended effects on other businesses such as bicycle and e-bike retailers. The Commission also discussed adding a setback for fourth floors facing Silver Spring Drive. Commissioners generally supported further consideration of a stepback to reduce the canyoning effect, while recognizing that it could reduce upper-floor space and affect development feasibility. A question was raised about the status of existing first-floor medical uses, including Aurora Clinic; staff indicated that the applicable approvals and status could be reviewed. No formal action was taken. Commissioners were invited to provide additional comments to staff as the initiative continues. 5. Adjournment TRUSTEE SAUNDERS MOVED TO ADJOURN THE MEETING AT 6:20 P.M. SECONDED BY COMMISSIONER GHORBANPOOR. MOTION CARRIED, 5-0. Respectfully Submitted, Anna Christopherson – Assistant Village Manager Village of Whitefish Bay 5300 N. Marlborough Drive Whitefish Bay, Wisconsin 53217 Phone: 414-962-6690 Fax: 414-962-5651 Memorandum To: Whitefish Bay Plan Commission From: Anna Christopherson – Assistant Village Manager Date: September 30, 2026 Re: The Argo LLC – Conditional Use Amendment Application – Additional operating hours and outdoor seating E xecutive Summary The Argo LLC is seeking approval to amend its existing conditional use approval for additional operating hours at 334 E. Silver Spring Drive. In 2024, The Argo received conditional use approval to operate a premium, multi-purpose live entertainment venue, including a bar and restaurant on the main floor and a flex event space on the second floor. The event space is intended to accommodate a variety of private and community events, including weddings, community meetings, retirement parties, birthday parties, and business meetings. A s part of the 2024 conditional use approval, the following hours of operation were established: E ntertainment Venue Friday and Saturday: 8:00 a.m. to 11:00 p.m. All other days: 8:00 a.m. to 10:00 p.m. B ar and Restaurant Wednesday through Sunday: 8:00 a.m. until guests are out of the building by midnight. E vent Space Monday through Sunday: 8:00 a.m. until guests are out of the building by midnight. R equest The applicant has submitted revised hours of operation (attached). The applicant is requesting to change their closing time from 12 a.m. to 1:00 a.m. while still opening at 8:00 a.m. Monday through Sunday for the entertainment venue, bar and restaurant, and event space. The Argo is making this request to provide flexibility for occasions such as private events, weddings, and holiday parties that may run until midnight, while allowing adequate time for guests to depart and the building to close. Per their request, when The Argo plans to use the extended hours, advance notification will be provided to the Village rather than requiring case-by-case approval. Recommendation Staff recommends approval of the Conditional Use Amendment for additional operating hours from the Argo located at 334 E. Silver Spring Dr. subject to the following conditions: 1. The Argo shall provide at a minimum seven (7) day advanced notice to the Village when it is planned to be open until 1 a.m. Attachments 1. Conditional Use Amendment Application 2. 2024 Conditional Use Approval Packet Exhibit C - 1 EXHIBIT C TO FOX BAY/THE ARGO DEVELOPMENT AGREEMENT CONDITIONAL USE PERMIT Village of Whitefish Bay 5300 N. Marlborough Drive Whitefish Bay, Wisconsin 53217 Phone: 414-962-6690 Fax: 414-962-5651 Memorandum To: Whitefish Bay Plan Commission Cc: Kelsey McElroy-Anderson, Village Manager From: Anna Christopherson – Assistant Village Manager Date: February 7, 2025 Revised Date: February 10, 2025 Re: The Argo – Conditional Use Application Executive Summary Adam Powers, Josh Bryant, and Andrew Coate are the owners of The Argo LLC, DBA The Argo. The Argo LLC (hereinafter the “Applicant”) has applied for a Conditional Use Permit to operate a premium multi-purpose live entertainment venue with a bar and restaurant on the main floor and a flex event space on the second floor (intended to host, among other things, weddings, community meetings, retirement parties, birthday parties, business meetings, etc.). The business will be located at 334 E. Silver Spring Drive. This space is currently vacant, but was previously occupied by Fox Bay Cinema and Grill. See the photo below of the proposed location. The building is zoned District 11, Silver Spring Dr. Business District, and therefore the business will be subject to the applicable laws as dictated by Zoning District 11. Staff typically advises the Plan Commission to consider approving the maximum allowable standards (i.e. hours of operation, capacity, etc.) in order to prevent the Applicant from having to return to the Commission for modifications at a later date. However, given the unique use of the space a different approach may be warranted in this case. It’s for this reason staff met with the Applicant and have worked to offer a balanced recommendation that can accommodate the Applicant’s needs while limiting any deleterious community impact. Exhibit C - 2 Layout As previously stated, the Applicant is proposing to transform the former cinema and grill into an entertainment venue with a bar and restaurant and a flex event space. For the purposes of this memo, the operating spaces are defined below. “Entertainment Venue” is the former theater area as well as the former projection room where the proposed balcony is on the second floor. See the highlighted sections below. Exhibit C - 3 Exhibit C - 4 The “Bar and Restaurant” area is defined as the former grill area and entrance. See the highlighted section below. Exhibit C - 5 The “Event Space” area is defined as the former 2nd floor tiered seating that is being proposed to be leveled. See the highlighted section below. Hours of Operation Although, Wisconsin State Statue 125.32(3) permits establishments with a valid liquor license to operate until 2:00 am or 2:30 am (Saturday & Sunday), the Applicant is proposing that the following hours of operation are hereby agreed to by the Village and the Applicant: Entertainment Venue • Applicant Proposal: Friday and Saturday (ticketed events only) from 7:00 p.m. to 11:00 p.m. and all other days open until 10:00 p.m. • Staff Recommendation: Friday and Saturday from 8:00 a.m. to 11:00 p.m. and all other days from 8:00 a.m. to 10:00 p.m. Bar and Restaurant • Applicant Proposal: Wednesday through Friday from noon to midnight and Sunday from 10:00 a.m. to midnight. • Staff Recommendation: Wednesday through Sunday from 8:00 a.m. to guests out of the building by midnight. Event Space Exhibit C - 6 • Applicant Proposal: Monday through Sunday with the hours of operation dependent upon the event with guests being out by 12:00 a.m. • Staff Recommendation: Monday through Sunday from 8:00 a.m. to guests out of the building by midnight. The Applicant is free to apply for a liquor license after the conditional use is approved. Changes to these operating hours would require an amendment to this Conditional Use Permit by approval of the Plan Commission. Capacity The Applicant is proposing the following capacity restrictions: • Entertainment Venue: 550-750 (for rare instances when events sell out) • Event Space: 200 • Bar and Restaurant: 150 • Further, the Applicant is proposing that there will never be more than 750 combined guests at the same time in the 2nd floor Event Space and the Entertainment Venue unless permission is granted in advance by the Village. Staff recommends, and the applicant agrees, that there shall be no more than 750 people, excluding employees, in the building at any given time. This encompasses of all three venue spaces – Entertainment Venue, Bar and Restaurant, and Event Space – as well as ancillary spaces such as bathrooms and the security check areas. This recommendation is subject to the provisions below. The Applicant may exceed a combined 750 people, excluding employees, one time per year with written approval from the Village Manager at least two weeks prior to the event. The Applicant must demonstrate adequate off-street, private parking for all users above 750 through an agreement with nearby parking facility owner(s). The parking ratio to be used is one parking stall for every 1.8 users. The Village reserves all rights to deny this request for any reason including, but not limited to, security, parking, or noise issues. The maximum ticket sale quantity for the Entertainment Venue shall be submitted to the Village for administrative review and approval based on the final occupant load determined by the State Building and Fire Codes prior to the issuance of a final Occupancy Permit. When other large community events are taking place in the Village (this includes, but is not limited to, Sounds of Summer, Holiday Stroll, Art Fest, and Fourth of July), no events over 200 persons may occur in the Entertainment Venue or Event Space, or a combination of the two spaces, without prior written approval of the Village. The Village will provide the Applicant with a list of these events by January 15th of each calendar year. Exhibit C - 7 The Applicant shall develop a system for counting the number of users present at the site at any given time. This system shall be subject to the approval of the Village Manager. The system for counting users present at the site shall be accurate and shall be repeated as often as necessary to, at the discretion of the Village Manager, confirm compliance with the user limits in this Conditional Use Permit. The Applicant shall provide ticket sales numbers in writing to the Village at least 48 hours prior to all events over 550 and when requested by the Village. Safety and Security The Applicant is proposing appropriate security staffing levels for small, medium, and large events. Metal and AI assisted detecting/screening technology will be used at points of entry. Security cameras for emergency and crowd management are also proposed. Additionally, the Applicant proposes three security staff to be located outside when patrons are leaving following an event. Staff recommends that the Applicant submit a detailed Security Plan to the Police Chief for review and approval prior to final occupancy and annually by January 1st thereafter. The Police Chief may recommend amendments or deny the plan if it does not adequately address public safety concerns but may not unreasonably withhold condition, or delay approval. The Applicant must follow the approved Security Plan at all times. Failure to obtain annual approval or to adhere to the Security Plan shall result in Plan Commission review and possible revocation of the Conditional Use Permit. The Applicant agrees to reimburse the Village for any extraordinary security expenses resulting from the Applicant’s operations under this Conditional Use Permit. Noise The Applicant is proposing that inside the venue, at the front-of-house mixing station, peak sound levels would be between 90-105 dB SPL (Sound Pressure Level). The Applicant is proposing that noise pollution and sound level will be verified by a third-party sound consulting or engineering firm. The Applicant is also proposing to install noise level monitoring devices behind the building. Further, the Applicant is proposing that if any noise escapes the building it be limited to no louder than that of “normal conversation” which is 55- 65 dB SPL. Given the close proximity to residential properties, staff recommends and the Applicant agrees that noise will not exceed 65 dB SPL (Sound Pressure Level) at the property lines and 105 dB SPL inside the venue, at the front-of-house mixing station. Staff recommends and the Applicant agrees to hire a sound consulting or engineering firm acceptable to the Village prior to any Building Permit issuance. The submitted building plans will demonstrate implementation of the recommendations from this sound consulting firm. Additionally, to ensure sound does not exceed 65 dB SPL at the property line, prior to the issuance of an Occupancy Permit the Applicant agrees to conduct a sound test by the sound consulting or engineering firm and provide the Village with the results. Exhibit C - 8 Chapter 16 Requirements Under the Village Code of Ordinances, the Applicant must comply with the Municipal Code in order to operate the proposed business within the Village. • The Applicant must be compliant with the zoning district regulations that fall under Section § 16-16, Conditional Use Procedure. This includes all subsequent regulations including the uses of retail and services in the Silver Spring District, as well as all matters of the Plan Commission’s review of the business at the Public Hearing. Based on the business operations described in the application, the business model would be compliant with service-based businesses permitted in the Silver Spring Business District. • Signage for the proposed business must meet the standards of § 16-43H, Signs Requiring Permit. Once signs are submitted for the business, including the Marquee, they will have to be reviewed by the Building Services Director and may also require approval by the Architectural Review Commission (ARC) before being able to be placed on location. • The Applicant plans to make interior alterations (building, plumbing, electric, HVAC and interior finishes) to make it suitable for their operations. An interior layout is included with their application. Occupancy of the tenant space is subject to proper receipt of all necessary permits, approval from the Village Building Inspector, and approval from all applicable outside agencies (i.e. State of Wisconsin, North Shore Fire Dept, North Shore Health Dept). A pre-development meeting with the Building Services Director is required within 10 business days of Plan Commission approval. • Village Code allows for outdoor seating under Ordinance § 16-21G. The Applicant has submitted an outdoor seating plan. o Applicant Request: ▪ Operating Plan – The Applicant’s layout reflects a total of 5 tables resulting in an additional 10 seats, however the application states 32. The tables are proposed to be located directly in front of the building on Silver Spring Drive. The design of the furniture has not yet been provided. ▪ Public Right of Way – Based on this plan, there is no outdoor seating proposed in the public right of way. ▪ Hours of Operation – the Applicant did not specify this in the application. o Staff recommends approval of the outdoor seating proposal from the Argo subject to the following conditions: ▪ Seating capacity of no more than 20 no more than 10 as reflected in the layout. ▪ Hours of Operation for outdoor seating shall be 8:00 a.m. to 10:00 p.m. Exhibit C - 9 ▪ Staff review and approval of the table and chair specifications. ▪ Outdoor seating is permitted annually from March 1 to November 30 (to give the business flexibility to take advantage of favorable weather). ▪ An approved outside trash receptacle shall be provided and serviced by the owner, to include emptying trash receptacle no less frequently than the close of business each day. ▪ Approval shall be subject to and contingent upon approval of the Fire Inspector with regard to occupancy and fire protection requirements. ▪ Placement of all tables, chairs, trash receptacles and related equipment must be on the owner's property and not on the Village right-of-way. • Section § 16-21E(3)(b) pertains to alley standards. o Applicant Proposal: The Applicant states that the area behind the building will be used for loading and unloading. o Staff Recommendation: o Given the close proximity to residential properties, the Applicant shall prohibit deliveries to the north side of the building between the hours of 10:00 p.m. and 76:00 a.m. and shall, during these same hours, adhere to the Section § 8-12 prohibition of machine noise without limitation (including without limitation, engine idling and vehicle back-up alarms) within 50 feet of occupied structures. Performers may quickly load equipment following a performance but must follow all noise restrictions outlined in this Conditional Use Permit and Municipal Ordinances. The Applicant agrees to be responsible for the compliance of any of its invitees in this regard. o If permanent lighting is to be added that the Applicant shall adhere to Section § 16-21E(12). • Section §16-21E(8) pertains to entrance locations. o Applicant Proposal: The Applicant proposes that the main entrance remain on Silver Spring Drive with a rear entrance off the back alley. The rear entrance is to be utilized for queueing of events in the Entertainment Venue as shown in the application. All patrons must exit out of the main entrance on Silver Spring Drive. There is a Loading Zone identified in the plan. Additionally, the Applicant indicates that the doors in the rear of the building will be replaced. o Staff Recommendation: After further conversations between the Applicant and residents of Beaumont Place, the Applicant proposes to only utilize the “Back Entry Option” for VIP/Premium tickets and employees. Everyone else will enter using the “Front Entry Option”. Everyone will exit out of the main entrance on Silver Spring Drive. Staff recommends approving this modified plan with the agreement that the line on Silver Spring Drive must Exhibit C - 10 form to the west. See “Alley Standards” above for loading and unloading restrictions. • The Applicant shall obtain prior approval from the Community Development Authority (CDA) after review and recommendation from the Architectural Review Commission (ARC) for exterior changes to the building. • Parking Requirements o Section § 16-21F(1)(a) dictates that “off-street on-site” parking is required in District 11 and Section § 16-21F(1)(e) outlines adjustments that may be made to this requirement. o Section § 6-24C of the Municipal Code states that one parking stall is required per 150 sq. ft. for restaurants and coffee shops, which dictates 19 parking stalls for the Bar and Restaurant portion of the building. Section § 6-24C of the Municipal Code does not speak directly to the other two uses within the building. In review of the American Planning Association Planning Advisory Service Report Number 510/511 and other code comparisons, the Entertainment Venue and Event Space would warrant an additional 300 spaces for a total of 319 required parking spaces for the proposed business. Similarly, the parking study completed by GRAEF identified a need for 330 parking spaces to serve the maximum capacity of 750. o Parking Space Availability: The parking study, which was performed by GRAEF and submitted with the Conditional Use Permit application, looked at the parking supply (total number of parking spaces available) as well as the parking occupancy (existing utilization of those parking spaces). This analysis found that 130-160 spaces are available within a one-block perimeter and the remaining need could be met through the additional 360 spaces within an 8-minute walk. This study did not include available parking in the Aurora lot or non-metered street parking in single-family housing areas. o The Applicant has agreed to utilize off-street, private parking for all employees. o The Applicant has agreed that all bus parking will be off-street and off-site. o Staff recommends that the Plan Commission bypass the parking requirements as allowed by Section § 16-21F(1)(e)(3) based on the availability of public parking identified in the Parking Analysis performed by GRAEF. Furthermore, staff recommends that all bus and delivery vehicle parking at all times, when not actively loading or unloading, must be off-street and off-site. Bus and delivery vehicles may not park in any public lots or spaces or in the surface parking lot behind 312 E Silver Spring Drive. Enforcement The Applicant’s activities under this permit and the Municipal Code are subject to enforcement by the Village directly against the Applicant for breach of the Conditional Exhibit C - 11 Use Permit (CUP), and for violations by the Applicant of the Municipal Code, subject to its terms. • The Applicant agrees that the terms of this CUP constitute agreed upon obligations of the Applicant which are enforceable by the Village regardless of and separate from the applicable terms of the Municipal Code. • Any violation of the terms of this CUP may be enforceable by the Village as a breach of contract by the Applicant, entitling the Village to injunctive relief (including, without limitation, full or partial termination or revocation of the use(s) granted by the CUP) and damages (Police, fire, utilities, staffing, health services and expenses). • In addition, and without limitation, the terms of the Municipal Code remain in full force and effect and Applicant agrees that it is subject to the terms and enforcement of said ordinances including but not limited to sections § 9-5 through § 9-13 regarding Chronic Nuisance Premises, § 16-16 enforcement under the Conditional Use Procedure and Code, orderly Conduct under Chapter 8, Public Nuisance under Chapter 9, and the penalty provisions of those sections together with the general penalty provisions of Chapter 17. • Violations of the Code may be addressed by prosecution in Municipal or Circuit Court (as appropriate) in the form of actions for equitable or injunctive relief or for forfeitures as set forth in the Code (including daily violations where appropriate). • Without limitation, this CUP restricts the Applicant’s hours of operation to the extent agreed to by Applicant pursuant to the terms of this CUP. • To the extent the agreed terms of this CUP differ from or are inconsistent with the terms of the Municipal Code, the more strict and specific shall control. Recommendation Staff recommends approval of the Conditional Use Permit Application for The Argo at 334 E. Silver Spring Drive with approval of the Plan Commission on all aforementioned conditions, and subject to the following additional conditions: • The Applicant shall maintain the exit pathways, as approved by the State, Fire, and Building Inspectors during all hours of operation. • The Applicant agrees to ensuring that all waste remains within the building and outdoor seating area. The Applicant will police the area, including the parking garage and queuing area, to ensure that any trash from their operation or those waiting to go into their operation, is cleaned up after each event. • The Applicant understands that the Village reserves all rights to amend parking, noise, public nuisance, and any other Ordinances within the Village’s jurisdiction. • The Conditional Use Permit is not transferable without the consent of the Village. Consent shall not be unreasonably withheld, delayed, or conditioned. The assignee shall be subject to all the terms of this Conditional Use Permit. • The use of this property cannot be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and shall not substantially diminish or impair property values within the neighborhood. The Exhibit C - 12 Applicant agrees to work in good faith with the Village and neighboring properties to resolve issues if they arise. • The Applicant and Village will review compliance with the terms of the Conditional Use Permit annually to ensure that compliance is ongoing and to discuss improvements that could be made if there are any concerns. Attachments 1. Application 2. Parking Analysis Conditional Use Application Fox Bay Theater Building SPE LLC LEGAL DESCRIPTION LEGAL DESCRIPTION 306-314 E Silver Spring Drive Parcel Number 1650336 for 306 E Silver Spring Drive Village of Whitefish Bay, Wisconsin LAWNDALE S 5’ OF LOT 15 ALL OF LOTS 16, 17, & 18 BLK 10 & W1/2 VAC. ALLEY ADJ. SD LOTS 316-338 E Silver Spring Drive Parcel Number 1650337 for 316 E Silver Spring Drive Village of Whitefish Bay, Wisconsin LAWNDALE LOTS 19,20,21,22 AND W 15’ LOT 23 BLK 10 & E1/2 VAC. ALLEY ADJ. LOT 19 Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION PLAN OF OPERATION GENERAL DESCRIPTION Ticket Booth Out Front To the extent Pete’s Pops would like to continue to operate out of the ticket booth out front and the Village continues to be willing to permit such activities, we plan to keep that ticket booth there at this time and allow them to continue. Permitting, hours, etc. are not our responsibility and up to Pete’s Pops and the Property Owner if they desire to continue that use, we will collaborate with them as needed. For the purposes of the conditional use permit, we would want to reserve the right to come back to ARB and request the removal of the ticket booth and display window on that side to match the other side if outdoor seating capacity warrants. Bar Restaurant Space Monday and Tuesday: Closed (With option to open if market demands to same hours as Wednesday – Thursday). Wednesday – Thursday: Noon to midnight* Friday: Noon – midnight* Saturday 10am – midnight* Sunday 10am – midnight* *Provided that if other establishments on Silver Spring Drive extend their hours past midnight and are permitted to, and we’ve not had violation incurred, we are also allowed to expand our hours to stay open later. As do other venues on Silver Spring Drive, we expect we may closer earlier if there is no demand to stay open later. Capacity: 150 (we expect seating space for 75 but are aware there will be times when patrons are in this space standing before or after a show, or queuing to get into a show, or at intermission, and have provided a number likely only to be seen during these times because we do not wish to have a misunderstanding about those time when they occur.) Outdoor on Silver Spring Drive: 32 Full-service bar restaurant space with outdoor seating on Silver Spring Drive seasonally. The venue will serve accessible high-quality food and drink, including alcoholic and non-alcoholic beverages. Anticipated programming typical to bars and restaurants including an occasional trivia night or live artist for ambient music when there are not ticketed events in the main house/theater venue. All trash from outside will be brought into the venue when closed. Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION Main House / Theater Venue Monday and Thursday: Open for admission/ticketed private events or planned community targeted events, could be as early as noon for a business meeting of some sort, depending on the user’s request and closed with patrons out of the space at 10pm. Friday & Saturday: Doors open at 7pm – closed and patrons out of the space - 11pm (ticketed events only) (If lines form before 7, and the line is longer than the queue (or weather is severe), we may open the doors earlier to allow the line to come inside and remove the crowd from outside.) Sunday: open admission/ticketed private events or planned community targeted events, could be 10am depending on the user’s request and closed with patrons out of the space 10pm Capacity: 550 – 750. Provided that there will never be more than 750 in total between the 2 nd floor event space and the Main House / Theater Venue unless permission is granted in advance by the Village of Whitefish Bay Police Department. On ordinary event nights and typical shows, events sell only 60% of capacity, but for the purposes of this application we have to include the full capacity of the venue for the rare occasion the event does sell out, which both we and the Village should want to see happen from time to time. This is a commitment on our part to not have an event in the 2nd floor at the same time as a sell out show in the main house, unless the Police Department allows it. Packaged beverage service only during shows, including alcoholic and non- alcoholic offerings. Special events and community events may have different food and beverage service offerings. No outside beverages or bar service is permitted. Anticipated programming typical to arts and entertainment venues including: comedy shows, concerts, student film festival, movie nights, swing dancing, community events, fundraisers, and charity events. 2 nd floor event space Monday - Sunday Hours are event dependent on event with all guests out midnight. Open for public or private meetings and events scheduled and booked in advance. (access to balcony for the main house/theater goes through 2nd floor on ticketed event nights) Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION Capacity Limit: 200. Provided that there will never be more than 750 total between the 2nd floor vent space and the Main House / Theater Space unless permission is granted in advance by the Village of Whitefish Bay Police Department. This is a commitment on our part to not have an event in the 2nd floor at the same time as a sell out show in the main house, unless the Police Department allows it. Events may cater their own food. Small events may order from the bar/restaurant below. Bar service available from the venue only upon (no outside bar services or beverages brought in from the outside permitted) served from a bar located on the 2 nd floor. Programming is expected to be weddings, receptions, birthday parties, anniversaries, retirement parties, yoga classes, fundraisers, business meetings, community meetings, small shows or artist performances. There will be a green room/bridal suite and catering space for the venue on the 2nd floor. Artist will come from the 2nd floor through the back corridor to the back of the stage through the back corridor as shown on the plan. Parking As verified by our parking study (to be provided to Plan Commission prior to the meeting) the peak parking demand on the busiest times will be not more than 250 parking spaces and during times there is no event, it is expected that parking demand will not exceed 30 which we believe complies with 16-21F. Without accounting for those who will walk or bike to the building, we expect to be able to accommodate the uses in the space as follows: - We will establish, with the permission of the Village as to the exact details and location) a pick-up and drop off on Silver Spring Drive for rideshare at the Consaul Commons area of Silver Spring Drive. - Parking is expected to be accommodated by use of the roughly 190 general parking off street parking spaces immediately adjacent to the building, and the approximately 75 street parking spaces on Silver Spring drive or within 1 block of the building in either direction. - On nights when event attendance is expected to be higher than 400, attendees will also be directed to the 62 additional public parking spaces 2 blocks away in the Marlborough parking lot. - The Tenant and Property Owner are willing to engage near by private surface lot owners (with access on or within the half block off of Silver Spring Drive) to arrange for overflow Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION off street parking options for sell out show nights, but do not have specific arrangements made at this time and as such cannot included the details here. - No bus or truck or cargo van (other than passenger vans) will be permitted to park in any of the public parking areas and will be required to park off site. Arrangements for parking off site are being worked out by Tenant and Property Owner. - For ticketed events, ticket purchasers will be notified and reminded about the residential nature of the neighborhood when arriving and leaving as well as cautioned about being ticketed for parking illegally. This same correspondence will encourage the use of rideshare services, walking, or biking, and encourage parking in the public off street parking lots with direction to the off-street public parking lots referred to above. Use of the Alley. In compliance with 16-21E(3)(b), use of the alley (or street area) behind the building will only be used for loading and unloading (into and out of the space through the existing double door locations), where “street parking” is permitted already in this area (and only where it is already permitted) we expect cars to park, all other ordinances and laws will be followed. In the space between the building and the Bay restaurant building to the east, the line to get into the main house/event venue (location of the existing double doors) will be formed on the building side of the sidewalk with a queue into that open area. In the event of line formation longer than the queue or severe weather, the venue doors will be opened early to allow patrons inside. If additional lighting is needed at the back of the building or in this alley area, it will be installed to shine down and not point at the buildings behind our building and in an approved manner with permit at the cost of the building owner or applicant and no cost to the Village. To the extent strung up LED “patio lights” meet requirements of light levels, this is the type of additional lighting anticipated to be used in the queue area so as to create a pleasant and positive environment while also providing safe lighting levels, that will only be on when lines are to be formed to indicate “open” vs “closed” . We will work with the performers and deliveries to ensure vehicles will not be idling and to the extent possible will limit backing up that causes back up alarms (though this cannot be guaranteed 100% compliant without risking safety). Tenant will have staff managing traffic and crossing in the back of the building to ensure safe crossing of the alley after an event to get to parking swiftly and safely, and to monitor noise. Clean up. After events, staff monitoring the patrons leaving the venue will police the area to pick up any trash from the venue that may have been left behind by patrons. This will include the Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION back of the building, the parking under the Beaumont Place, the surface lot behind the building, alley behind the building, Consaul Commons, and out front on Silver Spring Drive. This is not meant to be a commitment to clean the areas of debris or other trash that is not from the venue, but a commitment to ensure that the people attending events do not create a mess in the neighborhood. Charitable Events and Community Group Access Tenant will commit to allowing use of the 2nd floor event space, and on occasion even the main house/theater venue by groups from the village, (school, charity, municipal, etc) (i.e. fundraiser, Student Film Festival, etc) at no reservation fee, during such times as may be mutually agreed upon when we expect that the venue is not otherwise booked or reasonably expected to be booked for revenue producing purposes. We will expect the participants to handle their own set up, take down, and clean up, and to be responsible for any damage they cause, but otherwise at no added charge. We want to have the community use the space when it makes sense for us and the group who wishes to use it and will commit to no less than 10 such events a year. We hope there will be more. We will require beverage purchases to be made through the venue, but will not require food purchase, though we hope the attendees will choose to use our kitchen when it makes sense. Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION A comprehensive security and operating plan reviewed and approved by the Whitefish Bay Police Department includes: STAFFING Small Events (50–100 attendees): o 1 dedicated security personnel per 50 attendees (adds extra at 51st attendee). o 1 dedicated supervisor o 1 ticket scanner / ID checks Medium Events (100–300 attendees): o 1 dedicated security personnel per 50 attendees (adds extra at 51st attendee). o 1 dedicated supervisor o 2 ticket scanner / ID checks Large Events (300-500+ attendees): o 1 dedicated security personnel per 50 attendees (adds extra at 51st attendee). o 1 dedicated supervisor o 2 ticket scanner / ID checks with additional support at opening to speed entry. o Additional security near high-risk areas (e.g., stage, VIP zones, entry/exit points). o Collaboration with local law enforcement for additional security o May include such things as requested police vehicle parked outside the venue at end of show, or hired on duty, or off duty officers as may be able to be arranged with the Village. o Staff will monitor the exiting of the building and the patron’s access to the public parking behind the building to ensure patrons are respecting the neighborhood and leaving promptly. During events, all staff will have radios and all staff dedicated to security will be in clearly visible/identifiable uniform. STAFF TRAINING ELEMENTS o Customer-Focused Approach: o Teach security staff to balance firmness with professionalism, ensuring patrons feel welcomed and safe. o Emphasis on de-escalation techniques to diffuse tense situations. o Clear communication with patrons to enforce rules in a respectful way o Access Control and Screening o Efficient bag checks and use of metal detectors. Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION o Use of metal and AI assisted detecting/screening technology at points of entry for events to identifying prohibited items (e.g., weapons, drugs, outside food/drink). o Crowd Management o Recognizing the signs of crowd congestion, bottlenecks, or surges. o Incident Response o Steps for handling common incidents: o Minor injuries or medical emergencies. o Lost children or patrons. o Altercations between individuals. o Quick escalation procedures: When to involve supervisors, medical staff, or law enforcement o Communication and Teamwork o Clear radio communication protocols, including code words for emergencies. o Coordinating with other team members for coverage and assistance. o Reporting incidents accurately and promptly for post-event reviews. ADDRESSING SOUND CONCERNS Inside the Venue: Prioritization of sound quality and audience experience by fine-tuning acoustics, while protecting attendees' hearing and staying within safe decibel limits. Peak levels between 90-105 dB SPL (Sound Pressure Level) at the front-of-house (FOH) mixing position. Outside the Venue: Reduction of noise pollution with barriers and managing expectations through proactive community engagement. Monitoring of levels consistently to ensure compliance and adjust as needed. Verified by third-party engineer before occupancy. If any noise escapes the building it will not exceed that of “normal conversation” which is 55-65 dB SPL. Additional Steps to Address Noise Concerns: o Ticketed event entry queue monitored at the back door and out of the alley into the space between the building and the Bay restaurant (noted on plan attached). Doors opened promptly and extra staff to ensure entry is quick and smooth without sacrificing the ticket checks, ID checks, and screening. o All bar restaurant, 2 nd floor space users, and other non-ticketed events enter from Silver Spring Drive. Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION o Everyone, every day, exits onto Silver Spring Drive except in case of emergency. o Installation of noise level monitoring devices behind the building (which may include in the public parking area to allow for proper coverage) which will alert the staff if noise levels outside exceed the foregoing and permit immediate action taken. o Staff will be posted at and monitor the exits of the building and the patron’s access to the public parking behind the building to ensure patrons are respecting the neighborhood and leaving promptly. o An outside consultant will be utilized to verify the above can be accomplished with the modifications to the building as proposed, and with adjustments to be made as recommended if adjustments are needed. EMERGENCY / CROWD MANAGEMENT Security cameras will be in use at each entry, with additional coverage at the back of the building, at the line queue and all exits, as well as various places inside the space, to document incidents. Footage stored not less than 2 weeks. All venue staff dedicated to security will be in clearly identifiable in uniform. The facility will utilize clearly identifiable signage to denote exits and exit paths. Evacuation Plan: o Clearly marked evacuation routes and designated assembly areas. o Regularly updated evacuation drills for staff. o Review of the Evacuation plan with local authorities. Medical Emergencies: o On-site first aid kits and AEDs (Automated External Defibrillators). o Designated first aid personnel and collaboration with local EMS. Active Threats: o Plan for handling active shooter scenarios or other violent threats (reviewed and approved) with regular staff training. o Communication protocol with local law enforcement. Surveillance cameras utilized within the venue and at building access points Audio level monitoring to ensure noise levels outside of the building do not exceed that of normal conversation with alerts to on site staff for immediate action. Well-kept incident logs and prompt reporting will be practiced. COLLABORATION WITH AUTHORITIES Law Enforcement: o Maintain a good relationship and open communication with local police and emergency services. Conditional Use Application Fox Bay Theater Building SPE LLC PLAN OF OPERATION o In-person tours of the authorities through the premises to be sure that everyone understands the layout. o Anticipated attendance updates provided to the police department prior to events, to assist with awareness and allow preparation as may be desired outside of efforts being made or arranged by the venue. Fire Department: o Ensure compliance with fire safety regulations. o Pre-event inspection for fire hazards. o In person tours of the authorities through the premises to be sure that everyone understands the layout. Post Event Reviews: o Internal meetings to review events, incidents and opportunities for improvement. o Review and follow up for incidents o Regular reviews with the Police Department to understand concerns of theirs, the community, and to discuss plan for implementing improvements. Conditional Use Application Fox Bay Theater Building SPE LLC EXTERIOR AND INTERIOR CHANGES EXTERIOR CHANGES Description The east side of the “display windows” at the entrance is to be removed to make room for outdoor seating. The art deco awning and ticket booth and west side display window all remain unchanged. Applicant reserves the right to revisit the ticket booth and west side display window removal at a future date subject to ARB. Signage remains to be determined based on the existing sign condition and submissions to the Village for new signs, which are expected to be code compliant. All signage permitting will be obtained. At the back of the building, the back vestibule of the building will be bumped out as noted on the plans to cover the location of the double doors on the south side of the building on the west face. The double doors on the north side of the west façade will be replaced with new doors with the appropriate sound deadening properties to allow compliance with our noise management plan. On the north façade, transom height windows will be placed on the 2 nd floor event venue, and the back double doors replaced with new doors in the same opening. A sign denoting The Argo will be placed over the door in keeping with 16- 21E(8)(b)[2] properly treating that back of the building entrance without creating confusion for those looking to access the bar/restaurant space and the 2nd floor venue which must be accessed from the front. If additional lighting is needed at the back of the building or in this alley area, it will be installed to shine down and not point at the buildings behind our building and in an approved manner with permit at the cost of the building owner or applicant and no cost to the Village. To the extent strung up LED “patio lights” meet requirements of light levels, this is the type of additional lighting anticipated to be used at the queue area so as to create a pleasant and positive environment while also providing safe lighting levels, which can be turned on to denote “open” and encourage the formation of the line in that area or off to denote “closed” . An elevator will be added to the east face in the back between the existing building and the Bay restaurant building using masonry to match the existing exterior as close as possible. INTERIOR CHANGES Description: Main House and Bar Restaurant Space: 1st Floor. Primarily finishes changes. Configuration of restrooms in their existing locations to meet ADA requirements. Sizes and configuration of the areas are mainly unchanged. There is an addition of a small passenger elevator for Conditional Use Application Fox Bay Theater Building SPE LLC EXTERIOR AND INTERIOR CHANGES accessibility on the east end of the bar restaurant space near the stairs to 2nd floor. The footprint of the space remains generally unchanged. See Plans Attached. 2nd Floor: Addition of a small balcony to the main house at the same grade as the existing projection room with accessibility provisions and restroom. Leveling of the 2nd floor tiered seating area to flat space, to allow the 2nd floor to be usable for meeting space, with appropriate accessibility accommodations and restroom facilities added. The footprint of the space remains generally unchanged. See Plans Attached. Selective Demolition Plan Queue and traffic flow map Site Plan Floor Plans [attached] Conditional Use Application Fox Bay Theater Building SPE LLC GENERAL LAYOUT GENERAL LAYOUT Floor Plans [attached] Conditional Use Application Fox Bay Theater Building SPE LLC Renderings (concepts only) Main House / Venue space from floor Main House / Venue space from balcony Conditional Use Application Fox Bay Theater Building SPE LLC Renderings (concepts only) Bar/Restaurant Space 2 nd Floor event venue FOX BAY BUILDING A-100 D1 NEW VESTIBULE RAMP DOWN NEW ELEVATOR SHAFT REPLACE DOORS FOR ACCESS TO THE VENUE SPACE EAST SILVER SPRING DRIVE EAST SILVER SPRING DRIVE NORTH SANTA MONICA BOLUEVARD EXISTING DUMPSTER ENCLOSURE LOCATION TO REMAIN RAMP DOWN RIDESHARE OPTION A RIDESHARE OPTION B LOADING ZONE REAR ENTRY TRASH ENCLOSURE REPLACING DOORS WITH INSULATED ACOUSTICAL DOORS CCTV CCTV CCTV CCTV ROPED OFF AREA FOR LINE QUEUE FROM REAR ENTRANCE 1 VEHICLE WIDE OCCASIONALLY LOADING/UNLOADING, PULL FORWARD ONLY LIMITING BACK UPS ALLEY STREET ALLEY STREET CONSAUL COMMONS FRONT ENTRY UNDER CANOPY A-100 D5 CCTV CCTV CCTV EXISTING BRICK FACADE TO REMAIN FOUR (4) NEW PUNCHED OPENINGS, 2' -0" HIGH x 8' -0" WIDE WITH CENTER MULLION, THREE (3) ON NORTH FACADE, ONE ON EAST FACADE REMOVE AND REPLACE DOORS WITH INSULATED ACOUSTICAL DOORS REAR BUILDING SIGNAGE LOCATION, SIGN TO BE PROVIDED BY TENANT ELEVATOR SHAFT BEYOND, THREE (3) SIDED BRICK ENCLOSURE TO MATCH EXISTING MASONRY FINISH COLOR EXISTING EXHAUST LOUVERS TO REMAIN BUT ARE ABANDONED AND SEALED SHUT FROM THE INSIDE EXISTING TRASH ENCLOSURE TO REMAIN STOREFRONT GLASS VESTIBULE WITH DOUBLE DOORS (8' -0"H x 3' -0"W DOORS), INSULATED METAL PANEL ABOVE DOORS TO MATCH EXISTING BUILDING COLORS NEW WALLS TO EXTEND UP TO UNDERSIDE OF CANOPY ROOF STRUCTURE ABOVE EXISTING FOX-BAY BUILDING OFFICES SIGNAGE 3'-9" +/- 8'-0" 7'-10" +/- 8'-0" 9'-5" +/- 8'-0" 28'-10" 2'-0" 32'-0" 6" EXISTING MARSONY BRICK FACADE BEYOND EXISTING DOWNLIGHT ABOVE DOOR TO BE REPLACED WITH WALL MOUNTED DOWN LIGHT WITH EMERGENCY BACKUP BATTERY 3'-3 3/4" 6'-0" 3'-3 3/4" NOTE: EXISTING CURVED WALLS ON EAST SIDE OF ENTRANCE ARE TO BE REMOVED. FACE OF EXISTING WALL TO BE RE -FINISHED TO MATCH LOOK OF FACADE UNDERSIDE OF EXISTING CANOPY ABOVE EXISTING STOREFRONT WITH THREE (3) SETS OF EXISTING GLASS DOUBLE DOORS TO REMAIN EXISTING CURVED WALLS TO REMAIN CLIENT: DRAWN BY: APPROVED BY: SCALE: CHECKED BY: DATE: PROJECT NUMBER: PROJECT TITLE: ISSUE: PROJECT INFORMATION: SHEET TITLE: SHEET NUMBER: AS NOTED 275 West Wisconsin Avenue, Suite 300 Milwaukee, WI 53203 414 / 259 1500 www.graef-usa.com 1 2 3 4 5 6 D C B A D C B A 1 2 3 4 5 6 C:\Users\1900\Documents\2023-0149-02_A24_Ryan.Guetschow@graef-usa.com.rvt 1/27/2025 5:01:01 PM FOX BAY - BUILD-OUT ARCHITECTURAL SITE PLAN 01/07/2025 A-100 2023-0149 RMG RRJ RRJ 334 EAST SILVER SPRING DRIVE WHITEFISH BAY, WISCONSIN 53217 NOT FOR CONSTRUCTION NEW LAND ENTERPRISE 1/16" = 1'-0" A1 ARCHITECTURAL SITE PLAN 1/8" = 1'-0" D1 REAR ENTRANCE ELEVATION N PLAN NORTH N TRUE NORTH 1/4" = 1'-0" D5 FRONT ENTRANCE UNDER THE CANOPY UP UP UP DN UP 580 SF PORTABLE STAGE 20x30 252 SF MONITORS 63 SF DRY BAR 2383 SF THEATER 601 SF KITCHEN 109 SF STORAGE / COAT CHECK 124 SF BOX OFFICE 114 SF CONCERT HALL ENTRANCE 303 SF MEN'S RESTROOM 314 SF WOMEN'S RESTROOM 1929 SF TAPROOM / BAR 930 SF TAPROOM / BAR TBD AREA 415 SF PATIO DINING 71 SF BEER WALK IN COOLER 63 SF EMPLOYEE STORAGE 356 SF BAR 234 SF BAND MERCH 156 SF STORAGE 99' - 0" 100' - 0" 101' - 4" 100' - 8" 99' - 0" 363 SF PREMIUM ELEVATED AREA 99' - 8" 72 SF FOH 100' - 0" 476 OCC COUNT 258 SF LOAD IN AREA 63 SF DRY BAR 302 SF GA STANDING AREA 51.86 OCC COUNT 306 SF GA STANDING AREA 101' - 4" 101' - 10" 91 SF FOOD WALK IN COOLER 133.87 OCC COUNT 62 OCC COUNT 1:12 SLOPE DOWN GAMES AREA GI WALL 12'-0" 1'-10 1/4" 8'-0" 2'-0" 3'-6" 37'-8" 20'-0" 32'-11 3/4" 12'-0" 28'-2" 50'-7 3/4" 71'-2 1/2" 20'-7 1/4" 30'-0" 20'-7 1/4" 27'-6" 8'-8" 8'-3" 34'-6" 8'-8" 4'-4 1/2" 26'-0" 14'-8 1/4" 33'-10" 56'-11" 13'-11 3/4" 15'-4" 14'-10 1/4" 13'-0 1/2" 5'-4" 34'-0 1/2" 5'-7" 13'-2 1/2" 25'-0" 25'-0" CLIENT: DRAWN BY: APPROVED BY: SCALE: CHECKED BY: DATE: PROJECT NUMBER: PROJECT TITLE: ISSUE: PROJECT INFORMATION: SHEET TITLE: SHEET NUMBER: 275 West Wisconsin Avenue, Suite 300 Milwaukee, WI 53203 414 / 259 1500 414 / 259 0037 fax AS NOTED www.graef-usa.com A B C 1 2 3 4 5 1 2 3 4 5 A B C 1/20/2025 2:23:41 PM FIRST FLOOR OVERALL PLAN 11/13/2024 A-101 2023-0149.01 RMG CWH CWH NOT FOR CONSTRUCTION 1/8" = 1'-0" A1 FIRST FLOOR OVERALL PLAN N DN UP DN DN OPEN TO BELOW DN 2923 SF EVENT SPACE CORRIDOR 128 SF GREEN ROOM A 182 SF BANQUET BAR 214 SF CATERING SERVERY 53 SF UNISEX 191 SF MEN'S RESTROOM 191 SF WOMEN'S RESTROOM 166 SF GREEN ROOM B 804 SF CORRIDOR 62 SF UNISEX 22 SF MECHANICAL CHASE 118' - 1" 118' - 1" 916 SF BALCONY 81 SF LIFT AREA 200.5 OCC COUNT 112' - 6 1/4" 99 SF UNISEX STORAGE STORAGE CLERESTORY WINDOW LOCATIONS ABOVE NOT SHOWN CLERESTORY WINDOW LOCATIONS ABOVE NOT SHOWN CLERESTORY WINDOW LOCATIONS ABOVE NOT SHOWN 6' -0" x 6' -0" SKYLIGHT BOXES 23'-7 1/2" 5'-0 1/2" 20'-6" 5'-8 3/4" 30'-0 1/2" 79'-5 3/4" 45'-8" 15'-10 1/4" 5'-0" 60'-0" 7'-6" 70'-0" 18'-3 1/4" 8'-8 3/4" 8'-10 1/2" 11'-5" 8'-11" 4'-6 1/4" 8'-8" 8'-3" 34'-6" 8'-8" 25'-11" 71'-2 1/2" 9'-10 1/4" 25'-4 1/2" 18'-10" 27'-0" CLIENT: DRAWN BY: APPROVED BY: SCALE: CHECKED BY: DATE: PROJECT NUMBER: PROJECT TITLE: ISSUE: PROJECT INFORMATION: SHEET TITLE: SHEET NUMBER: 275 West Wisconsin Avenue, Suite 300 Milwaukee, WI 53203 414 / 259 1500 414 / 259 0037 fax AS NOTED www.graef-usa.com A B C 1 2 3 4 5 1 2 3 4 5 A B C 1/20/2025 3:29:16 PM SECOND FLOOR OVERALL PLAN 11/13/2024 A-102 2023-0149.01 RMG CWH CWH NOT FOR CONSTRUCTION 1/8" = 1'-0" A1 LEVEL 2 OVERALL PLAN N Entry & Exit Plan Updated: 2.6.25 The Bay Sidewalk Trash Area Street Loading Zone 1 vehicle wide for occasionally loading/unloading. Pull forward only limiting back ups Back Entry Queue Entry BACK VIP/STAFF ENTRY SHOW GUEST FLOW SCREENING & SECURITY CHECKPOINT TICKET SCANNER ROPED OFF AREA BAR & RESTAURANT GUEST FLOW KEY SHOW GUEST FLOW SCREENING & SECURITY CHECKPOINT TICKET SCANNER ROPED OFF AREA The Bay FRONT ENTRY OPTION Sidewalk Silver Spring Dr Queue BAR & RESTAURANT GUEST FLOW Sidewalk Rideshare Option BRideshare Option A Front Entry FRONT GA ENTRY KEY Queue Start Queue Ends The Bay FRONT ENTRY OPTION Sidewalk Silver Spring Dr Sidewalk Rideshare Option BRideshare Option A EXIT EXIT PLAN Consaul Commons KEY SECURITY STAFF SHOW GUEST FLOW EXIT OUTSIDE STAFFING KEY SECURITY STAFF Rideshare Option BRideshare Option A RIDESHARE OPTION 275 W. Wisconsin Avenue, Suite 300 Milwaukee, WI 53203 414 / 259 1500 414 / 259 0037 fax www.graef-usa.com New Land Enterprises DRAFT February 4, 2025 2025-0334.00 MEMORANDUM DRAFT TO: Mr. Joey Wisniewski Senior Development Coordinator New Land Enterprises FROM: GRAEF DATE: February 4, 2025 SUBJECT: 334 E Silver Spring Redevelopment Traffic Study Trip Generation & Parking Analysis Introduction New Land Enterprises is proposing to redevelop the vacant Fox Bay Theater located at 334 E Silver Spring Dr, Whitefish Bay, WI, into a new concert venue, event space, and bar and restaurant. The existing street-facing retail spaces and office spaces located within the Fox Bay Theater Building Office Suites will remain unchanged. GRAEF has prepared this memo in two parts. Part 1 identifies and discusses the trips anticipated to be generated by the proposed development. Part 2 reviews the existing parking supply, occupancy and parking code near the development. Exhibit 1 shows a study area location map and Exhibits 2 and 3 display the site plan of the proposed development. Executive Summary Trip generation and parking demand analysis determined maximum trip generation of 675 hourly trips and a maximum development parking demand of 330 spaces during a max capacity 750-person scenario, which is expected to be a rare occurrence. Although the parking occupancy study within a one-block perimeter of the development, which includes 239 spaces, revealed that most parking becomes available prior to when development parking is expected, the available supply of 130-160 spaces within the one- block perimeter is not expected to fully satisfy event parking demand. However, the secondary public parking supply, which includes another 360 spaces, increases the total supply to 599 spaces within an 8-minute walk of the development, which is expected to satisfy the demand. Additional parking remediation measures may help prevent the nearby residential streets from being overloaded with event parking during rare high-capacity events. The event owner and organizer may form an agreement with a large parking facility owner nearby. The owner and event organizers could also provide parking maps of desirable parking locations, encourage alternate modes of transportation or walking, and heavily discourage event attendees from parking adjacent to single-family home or in neighborhoods. Given the factors of the history of the development and previous usage as a 988-person capacity movie theater, the capability for off-site parking with an owner’s agreement, the existence of other Concert Venue sites in the area with similar capacities and no on-site New Land Enterprises -2- DRAFT February 4, 2025 2025-0334.00 parking, and that use of alternative transportation methods mode split of development trips are expected, the Plan Commission has sufficient justification to reduce the minimum parking requirements of the development such that the existing public parking supply is sufficient to accommodate the proposed development parking demand. Part 1- Trip Generation Land Use & Intensity Before closing in September 2020, the Fox Bay Theater had a capacity of about 988 people. New Land Enterprises is proposing to redevelop the facility into a live music concert venue, bar and restaurant, and separate event space. The Concert Venue will have an event capacity of 550-750 people and host around 90-100 shows per year, with most concert events expecting a typical attendance of 400-550. Concert Venue events are expected to occur mainly on Fridays, Saturdays, and Sundays from 7:00 -10:00pm, with occasional weekday and Sunday events beginning around noon. The 3,600-SF bar and restaurant will be open to the public and expected to serve mainly attendees of the Concert Venue or Event Space during events and ordinary dining customers at other times. The proposed Event Space located upstairs and independent from the Concert Venue and bar and restaurant, has a capacity of 200 people, and will host weddings, fundraisers, charity events, community gatherings, and intimate concerts. Event Space events will mostly occur outside of business hours during the week and on weekends, with some rare events beginning earlier, around noon. The management company has committed to never having more than 750 attendees between the Concert Venue and the upstairs Event Space and in the event of a 700+ attendee show in the Concert Venue, will not book or use the Event Space at the same time. In accordance with the foregoing, the management company will not typically schedule live music concerts on the first floor and private events on the second floor simultaneously. However, in the rare cases where both event spaces are used at one time, the total combined event capacity will not exceed 750 people without permission from the Whitefish Bay Police Department and with other accommodations for overflow parking being made if requested by the Whitefish Bay Police Department. Additionally, event management and operations staff are primarily staffed off-site, and will only be at the facility outside of scheduled event times for periodic and as-needed visits. The redevelopment is proposed to consist of: • Concert Venue o 550-750-person event capacity music venue o If the Concert Venue attendance is above 700, the Event Space will not be used for an event to ensure attendance in the combined venues is not above 750-persons. • Bar and Restaurant o Approximately 3,600-SF bar and restaurant • Event Space o 200-person event capacity event space New Land Enterprises -3- DRAFT February 4, 2025 2025-0334.00 • If the Concert Venue and Event Space are used simultaneously, the total person-capacity will not exceed 750 people without permission from the Whitefish Bay Police Department and accommodations made for overflow parking using private parking lots not included in this study, as required by the Whitefish Bay Police Department. A site plan of the proposed development is shown in Exhibits 2 and 3. Trip Generation The trip generation for the proposed bar and restaurant was developed using data published in the Institute of Transportation Engineer’s (ITE’s) Trip Generation Manual, 11th Edition. The trip generation volumes for the Concert Venue and Event Space are based on the venues’ anticipated event capacities and expected event occupancies provided by the developer. The developer expects an event occupancy of 75% - 90% attendance. A rate of 1.8 attendees per vehicle was used to determine vehicle trips. While many land uses such as retail or restaurant establishments have steady business and operations over the course of a day, with regular entries, exits, and turnover, an event venue has different traffic patterns. Most attendees arrive at the beginning of the event, stay for the duration of the event, and leave at the end of the event. Therefore, the peak hour of the event space with respect to traffic generation is typically one hour prior to the event start, and most of the trips are entering trips, with very few exiting trips. Exiting trips during the peak hour are likely the result of drop-off trips from rideshare services or carpooling. Three trip generation scenarios were analyzed in order to determine impacts of various programing and events planned for the site. • Scenario 1 – Concert with Bar and Restaurant analyzes trips during a typical 500-person Concert Venue event. • Scenario 2 – Max Capacity analyzes trips during a max capacity 750-person Concert Venue event, or a Concert Venue event combined with an Event Space Event at 750 total people. This “sell out” type event is expected to be a rare occurrence. • Scenario 3 – Bar and Restaurant Only analyzes trips from the bar and restaurant without an event. Scenarios 1 and 2 assume that the bar and restaurant will primarily service event attendees. These scenarios evaluate trips generated during the weekday afternoon and Saturday event trip generation peak times, or the time period when the most development trips are expected to be generated; this coincided with the hour prior to the event start time. Scenario 3 evaluates trips generated by the bar and restaurant during the peak traffic period of the adjacent roadway. Linked trips are trips that occur between various uses within the development, meaning that the entire trip occurs within the study area. The bar and restaurant are expected to generate linked trips with the Concert Venue and Event Space, meaning attendees of the Concert Venue and Event Space are also expected to patronize the bar and New Land Enterprises -4- DRAFT February 4, 2025 2025-0334.00 restaurant during events. An 80% linked trip reduction was applied to the bar and restaurant for Scenarios 1 and 2. Table 1 through Table 3 summarize the trip generation for the proposed development for the three operating Scenarios. The trip development data from the ITE Trip generation manual is included in Appendix A. In Scenario 1 – Concert with bar and restaurant, the proposed land uses are expected to generate 735 trips on a weekday and 750 trips on a Saturday. During a weekday or Saturday Concert Venue event peak hour, the development is expected to generate 340 total trips (280 entering/60 exiting). It was assumed that 20% of the entering trips were rideshare trips, so that volume is reflected in the exiting trips, resulting in the total peak hour trips. In Scenario 2 – Max Capacity, the proposed land uses are expected to generate 1,075 trips on a weekday and 1,090 trips on a Saturday. During a weekday or Saturday event peak hour, the development at max capacity is expected to generate 510 total trips (420 entering/90 exiting). It was assumed that 20% of the entering trips were rideshare trips, so that volume is reflected in the exiting trips, resulting in the total peak hour trips. In Scenario 3 – Bar and Restaurant Only, the proposed land use is expected to generate 385 trips on a weekday and 440 trips on a Saturday. During the weekday roadway peak hour, the development is expected to generate 35 total trips (20 entering/15 exiting). During the Saturday midday roadway peak hour, the development is expected to generate 40 total trips (20 entering/20 exiting). No rideshare split was applied to this scenario. ITE Code Weekday Saturday In Out Total In Out Total - - - - 83% 17% - 83% 17% - 500 Person Attendance Number of Trips 660 660 275 55 330 275 55 330 - - - - 83% 17% - 83% 17% - Not in use Number of Trips 0 0 0 0 0 0 0 0 High-Turnover (Sit-Down) Restaurant Trip Rates/Eq & Dir Dist 107.20 122.40 61% 39% 9.05 51% 49% 11.19 3,600 Square Feet Number of Trips 385 440 20 15 35 20 20 40 1,045 1,100 295 70 365 295 75 370 Linked Trips - Bar and Restaurant 80% -310 -350 -15 -10 -25 -15 -15 -30 735 750 280 60 340 280 60 340 Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 1 - Concert with Bar & Restaurant SAT Event Peak Daily Trips PM Event Peak Land Use Metric 932 Bar and Restaurant Subtotal New Trips Total New Trips - - Event Space Concert Venue ITE Code Weekday Saturday In Out Total In Out Total - 750-Person max capacity across Concert Venue & Event Space - 750-Person max capacity across Concert Venue & Event Space High-Turnover (Sit-Down) Restaurant Trip Rates/Eq & Dir Dist 107.20 122.40 61% 39% 9.05 51% 49% 11.19 3,600 Square Feet Number of Trips 385 440 20 15 35 20 20 40 1,385 1,440 435 100 535 435 105 540 Linked Trips - Bar and Restaurant 80% -310 -350 -15 -10 -25 -15 -15 -30 1,075 1,090 420 90 510 420 90 510 - Concert Venue - Event Space Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 2 - Max Capacity Land Use Metric Daily Trips PM Event Peak SAT Event Peak 932 Bar and Restaurant 500 415 85 Subtotal New Trips Total New Trips - Number of Trips - - 83% 17% - 83% 17% - 1000 1000 415 85 500 Table 1: Trip Generation Table, Scenario 1 – Concert with Bar and Restaurant Table 2: Trip Generation Table, Scenario 2 - Max Capacity New Land Enterprises -5- DRAFT February 4, 2025 2025-0334.00 Scenarios 1 and 2 evaluate trips generated during the development’s peak trip period. For the Concert Venue and Event Space land uses, this development peak trip generation period does not align with the adjacent roadway peak period. Concert Venue and Event Space events are anticipated to primarily occur from 7:00 – 10:00pm on weekdays and weekends. Given this programming information, most trips are expected to arrive within one hour prior to the event start time. Further discussion on the adjacent roadway and development periods are included below. Active Transportation & Public Transit Mode Split The proposed redevelopment on Silver Spring Dr is in an urban area with a strong active transportation network, promoting walking and biking. The Village facilitates an excellent network of sidewalks with minimal gaps in the sidewalk network. An adequate sidewalk network allows users who have the ability, to choose to replace or shorten vehicular trips with walking trips. Similarly, a bike network of popular routes such as the Estabrook Pkwy, Oak Leaf Trail, and Lake Dr, allows for the potential of biking trips to replace or reduce vehicular trips. The study area is also serviced by public transit. Milwaukee County Transit System (MCTS) Green Line and Route 14 both operate along Silver Spring and have stops within 500-ft of the development. Green Line busses run at 13-28 min intervals, with the final area bus stop occurring around 1:00am on weekdays and Saturdays. Route 14 busses run at 15-28 min intervals, with the final area bus stop occurring around 11:30pm on weekdays and Saturdays. No trip reductions were applied to account for development trips using public transit or active transportation, although it is anticipated that these modes will be used to access the development, further reducing the trip generation expected to occur during the peak hour. Silver Spring Peak Traffic Pattern The Wisconsin Department of Transportation (WisDOT) has a 24-hour weekday traffic count from 2023 for Silver Spring Dr between Santa Monica Blvd and Berkeley Blvd (WisDOT Site #401764) as shown in Table 4 below. The 24-hour count was reviewed to understand the roadway’s peak traffic times relating to the proposed development. Silver Spring weekday evening peak period occurs between 4:00 – 6:00pm and sharply decreases after 6:00pm. Other than the bar and restaurant, the proposed development ITE Code Weekday Saturday In Out Total In Out Total - - - - 83% 17% - 83% 17% - Not in use Number of Trips 0 0 0 0 0 0 0 0 - - - - 83% 17% - 83% 17% - Not in use Number of Trips 0 0 0 0 0 0 0 0 High-Turnover (Sit-Down) Restaurant Trip Rates/Eq & Dir Dist 107.20 122.40 61% 39% 9.05 51% 49% 11.19 3,600 Square Feet Number of Trips 385 440 20 15 35 20 20 40 385 440 20 15 35 20 20 40 - Concert Venue - Event Space Total New Trips 932 Bar and Restaurant Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 3 - Bar and Restaurant Only Land Use Metric Daily Trips PM Peak SAT Peak Table 3: Trip Generation Table, Scenario 3 – Bar and Restaurant Only New Land Enterprises -6- DRAFT February 4, 2025 2025-0334.00 trips will typically occur between 6:00 and 7:00 pm for event starts and between 10:00 and 11:00 pm after events end, given that most events will occur from 7:00 – 10:00pm. Therefore, these trips are not expected to increase traffic during the peak hour of the adjacent roadways. Table 4: Average Weekday Hourly Volumes Along Silver Spring Dr (Source: WisDOT Site #401764, collected 7/17 - 7/19/2023) Part 2 – Parking Evaluation The Village of Whitefish Bay provides both public on-street and off-street parking which serves residents and business patrons in the Silver Spring Dr commercial area. The parking evaluation in this study documents the existing public parking supply within a primary one-block perimeter and within a secondary 2-4 block perimeter, parking occupancy within the one-block perimeter, estimates the parking demand of the development, and discusses the findings in relation to the Village’s municipal parking code. One-Block Perimeter Parking Supply The one-block perimeter parking supply consists of parking within one block of the development. This supply includes on-street parking on segments of Silver Spring Dr, Santa Monica Blvd, Berkeley Blvd, Diversey Blvd, Consaul Pl, and Beaumont Ave, totaling 85 spaces. Off-street parking included in the One-Block Perimeter supply includes the Beaumont Parking Structure East and West at 401 E Beaumont Ave with 66 spaces each and the parking lot behind 312 E Silver Spring Dr with 22 spaces. The total One-Block Perimeter supply is 239 spaces. The parking supply within one block surrounding the proposed development is shown on Exhibit 4. Table 5 lists each parking supply’s location and any restrictions. Hourly and metered parking restrictions end by 6:00pm Monday through Saturday and development events are to primarily occur after 7:00pm, when these restrictions are not applicable. Parking occupancy data collection counts within the One-Block Perimeter parking supply on two Saturdays and two weekdays determined the existing parking usage on an hourly basis for the one-block radius supply, as discussed in the parking occupancy section. New Land Enterprises -7- DRAFT February 4, 2025 2025-0334.00 Table 5: One-Block Perimeter Parking Supply and Restrictions *Note: ADA denotes a marked Accessible Parking Space. Secondary Perimeter Parking Supply The secondary perimeter parking supply consists of additional public parking near the development that is outside of the One-Block Perimeter. The Secondary Perimeter includes parking spaces within 2-4 blocks of the development, and all parking is within a 3 – 8-minute walk to the development. This supply includes on-street parking on segments of Silver Spring Dr, Bay Ridge Ave, Kent Ave, Shoreland Ave, Hollywood Ave, Location Side Restriction Supply Silver Spring Dr – Shoreland Ave to Santa Monica Blvd North 10-Hr Metered, 8am-6pm Monday - Saturday 6 South 2-Hr Metered, 8am-6pm Monday - Saturday 6 Silver Spring Dr – Santa Monica Blvd to Berkeley Blvd North 2-Hr Metered, 8am-6pm Monday - Saturday 10 South 2-Hr Metered, 8am-6pm Monday - Saturday 7 Silver Spring Dr – Berkeley Blvd to Diversey Blvd North 2-Hr Metered, 8am-6pm Monday - Saturday 5 ADA, 2-Hr Metered, 8am-6pm Monday - Saturday 1 South 2-Hr Metered, 8am-6pm Monday - Saturday 5 5-Min, 9am-5pm Monday – Friday, 12-4pm Sunday 1 Santa Monica Blvd – Silver Spring Dr to north alley East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Santa Monica Blvd – north alley to Beaumont Ave East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Berkeley Blvd – south alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 4 East ADA, 2-Hr Metered, 8am-6pm Monday - Saturday 1 2-Hr Metered, 8am-6pm Monday - Saturday 3 Diversey Blvd – south alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 4 East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Consaul Pl – Silver Spring Dr to north alley West 2-Hr Metered, 8am-6pm Monday - Saturday 3 Consaul Pl – North alley to Beaumont Ave West - 3 Beaumont Ave – Santa Monica Blvd to Consaul Pl North - 14 Beaumont Parking Structure West - 10-Hr, permit only before 4pm 60 ADA, 10-Hr, permit only before 4pm 2 EV, 10-Hr, permit only before 4pm 3 ADA EV, 10-Hr, permit only before 4pm 1 Beaumont Parking Structure East - 2-Hr, 8am-6pm Monday - Saturday 63 ADA, 2-Hr, 8am-6pm Monday - Saturday 2 Senior Citizen, 2-Hr, 8am-6pm Monday - Saturday 1 312 E Silver Spring Dr Lot - 2-Hr, 8am-6pm Monday - Saturday 19 ADA, 2-Hr, 8am-6pm Monday - Saturday 1 Northwestern Mutual Guest, 2-Hr, 8am-6pm Monday - Saturday 2 Total 239 New Land Enterprises -8- DRAFT February 4, 2025 2025-0334.00 Marlborough Dr, Glen Ave, Danbury Rd, Lake Dr, Beaumont Ave, Santa Monica Blvd, Consaul Pl, and Lake View Ave, totaling 278 spaces. Off-street parking included the Marlborough Municipal Lot located at the corner of Marlborough Dr and Glen Ave, with 82 spaces. The total Secondary Perimeter supply is 360 spaces. The parking supply within the secondary parking area surrounding the proposed development is shown on Exhibit 5. Table 6 lists each parking supply’s location and any restrictions. As with on-street parking in the One-Block Perimeter, hourly and metered parking restrictions end by 6:00pm Monday through Saturday and development events are expected to primarily occur after 7:00pm, when these restrictions are not applicable. Table 6: Secondary Permimeter Public Parking Supply and Restrictions Location Side Restriction Supply Silver Spring Dr – Lydell Ave to Bay Ridge Ave North 2-Hr Metered, 8am-6pm Monday - Saturday 3 South 2-Hr Metered, 8am-6pm Monday - Saturday 7 Bay Ridge Ave – South alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 1 East 2-Hr Metered, 8am-6pm Monday - Saturday 2 10-Min, 11am-8pm 1 Bay Ridge Ave – Silver Spring Dr to 150-FT North West 2-Hr Metered, 8am-6pm Monday - Saturday 2 Silver Spring Dr – Bay Ridge Ave to Kent Ave North 10-Hr Metered, 8am-6pm Monday - Saturday 6 South 2-Hr Metered, 8am-6pm Monday - Saturday 10 Kent Ave – South alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 4 East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Silver Spring Dr – Kent Ave to Shoreland Ave North 10-Hr Metered, 8am-6pm Monday - Saturday 5 South 2-Hr Metered, 8am-6pm Monday - Saturday 6 Shoreland Ave – South alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 4 East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Silver Spring Dr – Diversey Blvd to Hollywood Ave North 2-Hr Metered, 8am-6pm Monday - Saturday 5 South 2-Hr Metered, 8am-6pm Monday - Saturday 8 Hollywood Ave – South alley to Silver Spring Dr West 2-Hr Metered, 8am-6pm Monday - Saturday 4 East 2-Hr Metered, 8am-6pm Monday - Saturday 4 Marlborough Municipal Lot - 2-Hr, 8am-6pm Monday - Saturday 78 ADA, 2-Hr, 8am-6pm Monday - Saturday 4 Marlborough Dr – Glen Ave to Silver Spring Dr West - 6 East - 4 Glen Ave – Marlborough Dr to Danbury Rd North - 8 Danbury Rd – Glen Ave to Silver Spring Dr West - 9 Lake Dr – Silver Spring Dr to Beamont Ave West 2-Hr Metered, 8am-6pm Monday - Saturday 2 - 4 East 2-Hr Metered, 8am-6pm Monday – Saturday 2 - 4 Beaumont Ave – North 2-Hr, 8am-6pm Monday – Saturday 4 New Land Enterprises -9- DRAFT February 4, 2025 2025-0334.00 *Note: ADA denotes a marked Accessible Parking Space. One-Block Perimeter Parking Occupancy Parking occupancy counts for the 239-space public parking supply surrounding the development were counted on Saturday, January 25 and Saturday, February 1, 2025, from 12:00 noon to 8:00 pm for a total of nine hours, and on Thursday, January 23, and Tuesday, January 28, 2025, from 3:00 pm to 8:00 pm for a total of six hours. Parking occupancy data sheets for each data collection period are include in Appendix B. Figure 1 shows each day’s public parking occupancy percentages based on time of day. Figure 2 shows the inverse, the number of parking spaces available based on time of day. Table 7 shows the available unoccupied parking supply for each hour from 5:00 – 8:00 PM, showing a steady increase in available parking supply. As shown in Figure 1 & Figure 2, the highest occupancy periods occur before 6:00pm during the week and before 3:00pm on Saturdays. It is expected that the heaviest parking demand for the development would begin around 6:00 PM, 1 hour prior to event start-times, aligning with the trip arrivals. As with the trip generation for the development, the peak parking demand of the development is not expected to overlap with the peak parking occupancy. Beginning at 6:00 PM, it is expected that a minimum of 130-160 spaces within the One- Block Perimeter will be available for event attendees. Consaul Pl to Lake Dr ADA 1 - 6 South 2-Hr, 8am-6pm Monday – Saturday 5 - 2 Santa Monica Blvd – Beaumont Ave to Lake View Dr West 15-Min, 7:45am-3:30pm School Days 12 East 2-Hr, 8am-3pm Monday – Friday 13 Consaul Pl – Beaumont Ave to Lake View Dr West 2-Hr, 8am-1pm Monday – Saturday 10 East No Parking Mondays, 7am-5pm 3 2-Hr, 8am-1pm Monday – Saturday 8 Lake Dr – Beaumont Ave to Lake View Dr West - 6 ADA 2 East - 10 Lake View Ave – Bay Ridge Dr to Kent Ave South No Parking School Days, 7:30am-4:30pm 9 Lake View Ave – Kent Ave to Shoreland Ave South No Parking School Days, 7:30am-4:30pm 11 Lake View Ave – Shoreland Ave to Santa Monica Blvd South No Parking School Days, 7:30am-4:30pm 9 Lake View Ave – Santa Monica Blvd to Consaul Pl North 1-Hr, 8am-3pm School Days 13 South 1-Hr, 8am-3pm School Days 14 Lake View Ave – Consaul Pl to Lake Dr North 1-Hr, 8am-3pm School Days 11 South 1-Hr, 8am-3pm School Days 10 Total 360 New Land Enterprises -10- DRAFT February 4, 2025 2025-0334.00 Figure 1: Parking Occupancy by Time of Day Figure 2: Spaces Available by Time of Day New Land Enterprises -11- DRAFT February 4, 2025 2025-0334.00 Table 7: One-Block Perimeter Parking Occupancy Summary Date Spaces Available (239 Total Supply) 5:00 PM 6:00 PM 7:00 PM 8:00 PM Number Percent Number Percent Number Percent Number Percent Thurs 1/23 110 46% 139 58% 177 74% 186 78% Tues 1/28 92 39% 128 54% 170 71% 194 81% Sat 1/25 160 67% 163 68% 181 76% 189 79% Sat 2/1 164 69% 160 67% 172 72% 184 77% Development Parking Demand The Institute of Transportation Engineer’s (ITE’s) Parking Generation Manual, 6th Edition provides parking demand for a variety of land uses and intensities. The ITE Parking Generation Manual was used to estimate the parking demand for the bar and restaurant land use only. Due to the nature of event programming, the Concert Venue and Event Space parking demand is similar to the entering vehicular trip generation for the two land uses, with some adjustments to account for rideshare trips. While some attendees of events at the concert venue or private space may use ride-share services or alternate modes of transportation, those who arrive via personal vehicle are expected to arrive at a similar time and remain parked for the duration of the event, unlike like the bar and restaurant space during non-events, where high turnover is expected. The bar and restaurant will be staffed during typical restaurant hours as well as events. However, as mentioned above, event management and staff for the Concert Venue and Event Space will not be on-site full-time, so parking for standard business hours staffing will not be a concern. The parking demand for the redevelopment land uses under the three development programming scenarios is shown in Table 8 - Table 10 below. Table 8: Parking Demand – Scenario 1 ITE Code Concert Venue Trip Generation - 500 Person Capacity Number of Spaces 220 Parking Demand 220 - - Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation, Scenario 1 - Concert with Bar and Restaurant Concert Venue Land Use & Location Metric Trip Generation Parking Demand New Land Enterprises -12- DRAFT February 4, 2025 2025-0334.00 Table 9: Parking Demand – Scenario 2 Table 10: Parking Demand – Scenario 3 The demand tables show expected parking demands of 220 spaces for Scenario 1, 330 spaces for Scenario 2, and 22 spaces for Scenario 3. Scenarios 1 and 2 account for a 20% reduction from the trip generation to account for event attendees using rideshare services, such as Uber and Lyft. No parking demand reductions were taken for transit, walking and biking. During events, the bar and restaurant will serve event attendees and serve the public when events are not held, so no additional parking demand for the bar and restaurant during an event is expected. Therefore, the parking demand for the three development uses should not be combined, and instead the maximum demand is dependent on a given event’s capacity. Scenario 1 – Concert with Bar and Restaurant is expected to be the typical intensity and parking demand for a concert venue event, inducing a parking demand of 220 spaces. A Max Capacity Concert Venue with Event Space event at capacity will induce the greatest development parking demand of 330 spaces, while the bar and restaurant during non-event times will induce a parking demand of 22 spaces. The parking demand data from the ITE Parking Generation Manual is included in Appendix C. Parking Demand Considerations During a Scenario 1 Concert Venue event, the development parking demand is 220 spaces. The occupancy data collection of the 239 spaces within the One-Block Perimeter shows that approximately 130-160 spaces will be available prior to an event. The remaining parking demand not satisfied by the available supply in the One-Block Perimeter is expected to use the additional parking in the Secondary Perimeter, or supply in other parking facilities with user agreements in place. During a Scenario 2 Max Capacity event, the development parking demand is 330 spaces. Given that the parking demand in the Max Capacity scenario exceeds the One- ITE Code Concert Venue & Event Space Trip Generation - 750 Person Max Capacity Number of Spaces 330 Parking Demand 330 Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation, Scenario 2 - Max Capacity - - Max Capacity Across All Event Space Land Use & Location Metric Trip Generation Parking Demand ITE Code High-Turnover (Sit-Down) Restaurant Parking Rates/Eq 6.03 3,600 Square Feet Number of Spaces 22 Parking Demand 22 932 Dense Multi-Use Urban Bar and Restaurant Land Use & Location Metric Calculated Parking Demand Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation, Scenario 3 - Bar and Restaurant Only New Land Enterprises -13- DRAFT February 4, 2025 2025-0334.00 Block Perimeter supply of 239 spaces, some parking will need to use the Secondary Perimeter parking area regardless of the of the One-Block Perimeter available supply. However, with a total supply of 599 spaces within an 8-minute walk of the development and a demand of 330 spaces, it is expected that all development parking demand will be satisfied. While the One-Block and Secondary Perimeter parking areas are expected to satisfy the parking demand, additional parking remediation measures may help prevent the nearby residential streets from being overloaded with event parking. The following parking remediation measure may be considered: • The event owner and organizer may form an agreement with a large parking facility owner nearby. Some potential privately owned parking lots are listed below. Note that no agreements have yet been made. o Aurora Parking Lot, 325 E Silver Spring Dr, 44 spaces o St Monica Catholic Church, 5681 N Santa Monica Blvd, Approx 140 spaces o Dominican High School, 120 E Silver Spring Dr, Approx 100 spaces o Sendik’s Food Market, 500 E Silver Spring Dr, Approx 130 spaces o 200 W Silver Spring Dr Retail Development, Approx 160 spaces o Bayshore Mall Parking Lots near Kohl’s The owner and event organizers could also provide parking maps of desirable parking locations, encourage alternate modes of transportation or walking, and heavily discourage event attendees from parking adjacent to single-family home or in neighborhoods. Village Municipal Parking Code Previously, the village municipal code required minimum parking spaces by defined rates for new or redeveloped land uses in the Silver Spring Drive Business District (District 11), regulated by §6.065. However, on July 2, 2018, the Village Board adopted Ordinance No. 1841, removing §6.065 and eliminating these specific minimum parking requirements rates based on land use. Currently, §16-21F requires that off-street parking be provided within the Silver Spring Drive Business District – District 11, but has eliminated the previous minimum rate requirements, instead basing parking needs on proposed or comparable land uses. This change aims to avoid constructing undesirable, excessive off-street parking facilities, promote cost-efficient site development, and improve landscaping and green spaces. The Village Plan Commission may adjust parking requirements based on historical conditions of the site, evidence of lower demand at similar sites, availability of shared off-site parking, or expected use of alternative transportation. These factors are discussed further below. 1. Historical conditions. If the Plan Commission determines the existing parking is adequate for the current use given historical conditions, additional parking for new or expanded use may be only the difference between the requirements for existing and the new or expanded use. New Land Enterprises -14- DRAFT February 4, 2025 2025-0334.00 2. Evidence that actual parking demands will be less than code requirements. A petition submitted to the plan commission documenting evidence that a comparable development is observed to require less parking than what the code requires. 3. Availability of shared or off-site parking. A petition submitted to the plan commission documenting that shared or off-street parking spaces satisfy the parking demand, including any agreements or contracts with off-site parking supply owners. 4. Use of alternative transportation. The Plan Commission may reduce parking requirements if it is demonstrated that effective alternative transportation to the automobile will occur. Alternative transportation may include bus transit, walking, biking, carpool, and ridesharing. (Source: Village of Whitefish Bay Municipal Code, https://ecode360.com/WH3817) The parking generation analysis resulted in a maximum parking demand of 330 spaces, dependent on the capacity of an event. However, during non-event days when only the bar and restaurant is open, the development will have a parking demand of 22 spaces. Proposed Development Parking Code Considerations The proposed redevelopment site lacks on-site parking and is bordered by public rights- of-way to the north and south and existing developments to the east and west, leaving no space for constructing parking on-site. The following factors may support the Plan Commission in approving the parking for the site. Historical Conditions: The previous development, the Fox Bay Cinema, was a 988- person capacity, multi-screen movie theater accommodated by existing public parking despite having no on-site spaces. The proposed concert venue, with a 550-750-person capacity, is smaller. The 3,600-SF bar and restaurant is expected to primarily serve concert attendees during events, and the 200-person event space upstairs will not typically host events concurrently with the concert venue. However, if both event spaces are used at one time, the total combined event capacity will not exceed 750 people. Therefore, the proposed development is expected to require less parking than the previous historical condition based on land use and capacity. Evidence of Actual Parking Demands based on Similar Sites: Within the greater Milwaukee area, there are several similar venues without on-site parking. Shank Hall, located in Milwaukee, WI is concert hall with capacity for approximately 300 people. The venue does not have private parking, recommending that attendees use on-street parking, or pay for parking in public lots surrounding the venue. The Vivarium, also located in Milwaukee is a live music venue with a 450-person capacity. This space also does not have private parking and recommends street parking and public lots. Availability of Shared or Off-Site Parking: Parking demand considerations above showed that the parking supply within the One-Block Perimeter and the secondary area are expected to accommodate parking demand during typical events. However, shared- use agreements with owners of large private off-site parking areas may be beneficial as New Land Enterprises -15- DRAFT February 4, 2025 2025-0334.00 parking remediation efforts for larger, rare events. This effort will reduce the development parking impact around the development during high-capacity events. Use of Alternative Transportation: As discussed above, a mode split of development trips between automobile, public transit, and active transportation is expected to occur. This will further reduce the development parking impact by use of alternative transportation methods. Given the factors of the history of the development and previous usage as a 988-person capacity movie theater, the capability for off-site parking with an owner’s agreement, the existence of other Concert Venue sites in the area with similar capacities and no on-site parking, and that use of alternative transportation methods mode split of development trips are expected, the Plan Commission has sufficient justification to reduce the minimum parking requirements of the development such that the existing public parking supply within the One-Block Perimeter within District 11 and Secondary Perimeter surrounding the development is sufficient to accommodate the proposed development parking demand. New Land Enterprises -16- DRAFT February 4, 2025 2025-0334.00 Conclusion New Land Enterprises is proposing to redevelop the currently vacant Fox Bay Theater located at 334 E Silver Spring Dr, Whitefish Bay, WI. The proposed development includes a 550-750-person live music concert venue, 3,600-SF bar and restaurant, and separate 200-person event space. Trip generation was completed for the proposed development. It is expected that the adjacent roadway peak hours of 4:00 – 6:00pm will not coincide with when the development’s generated peak trips occur between 6:00pm – 11:00pm for events primarily occurring between 7:00 – 10:00pm. The trip generation is expected to be conservative, considering that no reduction was applied for the expected mode split of public or active transportation. A public parking supply survey identified existing on and off-street public parking near the development. Within one block of the development, the One-Block Perimeter parking supply has a supply of 239 spaces, with 85 spaces on-street and 154 spaces in off-street lots. Outside of the One-Block Perimeter, the Secondary Perimeter parking supply includes parking spaces within 2-4 blocks, or a 3 – 8-minute walk to the development, and has a supply of 360 spaces, with 278 spaces on-street and 82 spaces in an off-street lot. There is a total supply of 599 spaces within an 8-minute walk to accommodate development parking Parking generation estimated the amount of development parking demand based on proposed land uses and trip generation, resulting in a parking demand during typical events of 220 spaces and a maximum demand of 330 spaces during rare high-capacity events. Although the parking occupancy study within a one-block perimeter of the development revealed that most parking becomes available prior to when development parking is expected, the unoccupied supply of 130-160 spaces in the One-Block Perimeter is not expected to fully satisfy event parking demand. Hence, much of the development parking is expected to be accommodated within the One-Block Perimeter Parking Supply area, with some spillover to the Secondary Perimeter parking supply expected. However, during Concert Venue events and Max Capacity events, additional spillover into the Secondary Perimeter Parking Supply, or other off-site parking facilities with user agreements in place, may be needed. Parking remediation, which will help prevent adjacent residential streets from being overloaded with event parking, should be considered for events where the parking demand exceeds the available One-Block Perimeter and Secondary Perimeter parking supply. As a parking remediation measure, the owner may form an agreement with a nearby private parking facility. The owner is also encouraged to provide parking maps of desirable parking locations, promote alternate transportation or walking, and heavily discourage parking adjacent to single-family home or in neighborhoods. The One-Block Perimeter and Secondary Perimeter Parking Supply is expected to adequately accommodate development parking if a private owner’s agreement for nearby off-site event parking cannot be formed. New Land Enterprises -17- DRAFT February 4, 2025 2025-0334.00 Considering the site’s history as an 988-person capacity movie theater, the capability for off-site parking with an owner’s agreement, the existence of other Concert Venue sites in the area with similar capacities and no on-site parking, and anticipated use of alternative transportation including rideshare, the developer is likely to justify a reduction from the Plan Commission such that the existing public parking supply within District 11 surrounding the development can accommodate the proposed development. Prepared by: Alex Motl, PE, PTOE, RSP1 Ben Bieberitz, PE, PTOE Reviewed by: Andre Ost, PE, PTOE Exhibits Exhibit 1 – Project Location Exhibit 2 – Conceptual Site Plan – Floor One Exhibit 3 – Conceptual Site Plan – Floor Two Exhibit 4 – One-Block Perimeter Parking Supply Summary Exhibit 5 – Secondary Perimeter Parking Supply Summary Appendix Appendix A – ITE Trip Generation Tables Appendix B – One-Block Perimeter Parking Occupancy Data Sheets Appendix C – ITE Parking Generation Tables Milwaukee River 43 N RiverForestDr W Montclaire Ave N Jean NicoletR d N PortW ashington Rd Bayshore Town Center W Marne Ave N Iroquois Ave W Lexington Blvd N Navajo Ave AB Data Dr N PortW ashington Rd N PortW ashington Rd Lincoln Park Golf Course N San M onica Blvd N Shoreland Ave N KentAve E Beaumont Ave E Glen Ave N Berkeley Blvd N LydellAve E Day Ave N Bay Ridge Ave E Devon St E Belle Ave E Silver Spring Dr N Lake Dr N Lake Dr Klode Park E Henry Clay St N Kim bark Pl N Idlew ild Ave N M arlborough Dr E Birch Ave N Bay Ridge Ave N KentAve N LydellAve N Shoreland Ave E Lexington Blvd E Fairmount Ave N Berkeley Blvd N Diversey Blvd N Hollyw ood Ave Whitefish Bay Project Location334 E Silver Spring Dr User: 2229 Path: X:\ML\2025\20250334\Design\GIS\Silver Spring - Project Location\Silver Spring - Project Location.aprx Layout: Project Location - AerialDate Saved: 1/8/2025 10:05 AM Source: ESRIProj. Number: 2024-0334 1 in = 800 ft 0 400 800 Feet o EXHIBIT 1 VILLAGE OF WHITEFISH BAY MILWAUKEE COUNTY, WISCONSIN PROJECT LOCATION WHITEFISH BAY REDEVELOPMENT TRAFFIC STUDY Project Location NORTH NOT TO SCALE RESTAURANT AND BAR CONCERT VENUE ADJACENT RETAIL NOT IMPACTED BY REDEVELOPMENT EXHIBIT 2 CONCEPTUAL SITE PLAN - FLOOR ONE 334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY TRIP GENERATION & PARKING ANALYSIS WHITEFISH BAY, WISCONSIN NORTH NOT TO SCALE OPEN TO BELOW ADJACENT OFFICES NOT IMPACTED BY REDEVELOPMENT EVENT SPACE EXHIBIT 3 CONCEPTUAL SITE PLAN - FLOOR TWO 334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY TRIP GENERATION & PARKING ANALYSIS WHITEFISH BAY, WISCONSIN NORTH NOT TO SCALE North Alley Santa Monica Blvd Consaul Pl Shoreland Ave 6 6 3 5 14 5 4 4 Beaumont Ave 4 1 1 21 4 4 66 Spots 66 Spots 22 Spots Diversey Blvd Berkeley Blvd Silver Spring Dr 3 2 Accessible Spot South Alley 4 10 1 1 19 General Parking 1 Accessible 2 Northwestern Mutual Guest 22 Total Accessible Spot 5-MIN Parking M-F 9am-8pm, Su 12-4pm 63 General Parking 2 Accessible 1 Senior Citizen 66 Total NOTE: HOURLY AND METERED PARKING RESTRICTIONS END AT 6PM, MONDAY - SATURDAY. 2-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY 2-HR PARKING, 8AM-6PM MONDAY - SATURDAY 10-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY 10-HR PARKING, 8AM-6PM MONDAY - SATURDAY UNRESTRICTED PARKING LEGEND 60 General Parking 2 Accessible 3 EV Charging 1 Accessible EV Charging 66 Total 85 SPACES 154 SPACES 239 SPACES SUMMARY ON-STREET PARKING SUPPLY OFF-STREET (LOT) PARKING SUPPLY TOTAL Development Area EXHIBIT 4 ONE-BLOCK PERIMETER PARKING SUPPLY SUMMARY 334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY TRIP GENERATION & PARKING ANALYSIS WHITEFISH BAY, WISCONSIN NOTE: HOURLY AND METERED PARKING RESTRICTIONS END AT 6PM, MONDAY - SATURDAY. NORTH NOT TO SCALE Lake View Ave South Alley Marlborough Dr Lydell Ave Beaumont Ave Lake View Ave Bay Ridge Ave Kent Ave Santa Shoreland Ave Berkeley Blvd Diversey Blvd Danbury Rd Hollywood Ave Silver Spring Dr Lake Dr Glen Ave Consaul Pl Kent Ave Shoreland Ave Monica Blvd Santa Monica Blvd Lake Dr 10 11 4 2 Marlborough Municipal Lot 9 5 8 Silver Spring Dr 2 1 1 11 6 5 4 4 North Alley 7 3 13 12 82 Spots Secondary Perimeter Parking Supply Boundary 4 4 4 6 No Parking 7am-5pm Mondays 6 51 8 5 1 6 2 Accessible Spot 4 4 10-MIN Parking 11am-8pm 4 2 4 2 2No Parking School Days 7:30am-4:30pm Lake Dr 4 5 3 3 5 5 10 99 15-MIN Parking 7:45am-3:30pm School Days 3 5 3 9 13 78 General Parking 4 Accessible 82 TotalDevelopment Area 2-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY 2-HR PARKING, 8AM-6PM MONDAY - SATURDAY 10-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY 1-HR PARKING, 8AM-3PM SCHOOL DAYS UNRESTRICTED PARKING LEGEND 278 SPACES 82 SPACES 360 SPACES SUMMARY ON-STREET PARKING SUPPLY OFF-STREET (LOT) PARKING SUPPLY TOTAL One-Block Perimeter Parking Supply EXHIBIT 5 SECONDARY PERIMETER PARKING SUPPLY SUMMARY 334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY TRIP GENERATION & PARKING ANALYSIS WHITEFISH BAY, WISCONSIN Appendix A ITE Trip Generation Tables Land Use: 932 High-Turnover (Sit-Down) Restaurant Description This land use consists of sit-down, full-service eating establishments with a typical duration of stay of 60 minutes or less. This type of restaurant is usually moderately priced, frequently belongs to a restaurant chain, and is commonly referred to as casual dining. Generally, these restaurants serve lunch and dinner; they may also be open for breakfast and are sometimes open 24 hours a day. These restaurants typically do not accept reservations. A patron commonly waits to be seated, is served by wait staff, orders from a menu, and pays after the meal. Some facilities offer carry-out for a small proportion of its customers. Some facilities within this land use may also contain a bar area for serving food and alcoholic drinks. Fast casual restaurant (Land Use 930), fine dining restaurant (Land Use 931), fast-food restaurant without drive-through window (Land Use 933), and fast-food restaurant with drive-through window (Land Use 934) are related uses. Additional Data Users should exercise caution when applying statistics during the AM peak periods, as the sites contained in the database for this land use may or may not be open for breakfast. In cases where it was confirmed that the sites were not open for breakfast, data for the AM peak hour of the adjacent street traffic were removed from the database. If the restaurant has outdoor seating, its area is not included in the overall gross floor area. For a restaurant that has significant outdoor seating, the number of seats may be more reliable than GFA as an independent variable on which to establish a trip generation rate. The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https:/ /www.ite.org/technical-resources/topics/trip- and-parking-generation/). The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), California, Florida, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, and Wisconsin. Source Numbers 126, 269, 275, 280, 300, 301, 305, 338, 340, 341, 358, 384, 424, 432, 437, 438, 444, 507, 555, 577, 589, 617, 618, 728, 868, 884, 885, 903, 927, 939, 944, 961, 962, 977, 1048 672 Trip Generation Manual 11th Edition • Volume 5 High-Turnover (Sit-Down) Restaurant (932) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 50 Avg. 1000 Sq. Ft. GFA: 5 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 107.20 13.04 - 742.41 66.72 Data Plot and Equation 0 10 200 1000 2000 Average RateStudy Site Fitted Curve Equation: Not Given R²= *** X = 1000 Sq. Ft. GFA T = Trips Ends 673 General Urban/Suburban and Rural (Land Uses 800–999) High-Turnover (Sit-Down) Restaurant (932) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 104 Avg. 1000 Sq. Ft. GFA: 6 Directional Distribution: 61% entering, 39% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 9.05 0.92 - 62.00 6.18 Data Plot and Equation 0 10 200 100 200 Average RateStudy Site Fitted Curve Equation: Not Given R²= *** X = 1000 Sq. Ft. GFA T = Trips Ends 675 General Urban/Suburban and Rural (Land Uses 800–999) High-Turnover (Sit-Down) Restaurant (932) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Saturday Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. 1000 Sq. Ft. GFA: 6 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 122.40 101.99 - 173.07 36.99 Data Plot and Equation 0 2 4 6 8 100 200 400 600 800 1000 Average RateStudy Site Fitted Curve Equation: Not Given R²= *** X = 1000 Sq. Ft. GFA T = Trips Ends 681 General Urban/Suburban and Rural (Land Uses 800–999) High-Turnover (Sit-Down) Restaurant (932) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 22 Avg. 1000 Sq. Ft. GFA: 5 Directional Distribution: 51% entering, 49% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 11.19 1.63 - 50.40 8.30 Data Plot and Equation 0 10 200 100 200 300 Average RateStudy Site Fitted Curve Equation: Not Given R²= *** X = 1000 Sq. Ft. GFA T = Trips Ends 682 Trip Generation Manual 11th Edition • Volume 5 Appendix B One-Block Perimeter Parking Occupancy Data Sheets New Land 334 E Silver Spring Development Parking Occupancy Date: Thursday, January 23, 2025 Weekday Occupied Occupied Occupied Occupied Occupied Occupied North 10-Hr Metered (8am-6pm) 6 1 0 0 1 0 0 South 2-Hr Metered (8am-6pm) 6 5 4 3 1 0 0 12 6 4 3 2 0 0 North 2-Hr Metered (8am-6pm) 10 6 5 6 8 5 6 South 2-Hr Metered (8am-6pm) 7 2 5 6 6 4 3 17 8 10 12 14 9 9 West 2-Hr Metered (8am-6pm) 4 4 3 1 4 1 0 East ADA 1 0 0 1 1 0 0 East 2-Hr Metered (8am-6pm) 3 1 0 3 3 2 1 8 5 3 5 8 3 1 North 2-Hr Metered (8am-6pm) 5 4 4 5 4 4 4 North ADA 1 0 0 0 1 0 0 South 2-Hr Metered (8am-6pm) 5 5 5 5 6 1 2 South 5-min (9am-5pm M-F) 1 0 0 0 1 1 0 12 9 9 10 12 6 6 West 2-Hr Metered (8am-6pm) 4 2 3 4 4 2 1 East 2-Hr Metered (8am-6pm) 4 1 1 2 4 4 4 8 3 4 6 8 6 5 7-8pm 8-9pm Location Side/ DesignationParking Supply Total 3-4pm 4-5pm 5-6pm 6-7pm Silver Spring - Shoreland to Santa Monica Total Silver Spring - Santa Monica to Berkeley Total Silver Spring - Berkeley to Diversey Total Diversey - S Alley to Silver Spring Total Berkeley - S Alley to Silver Spring X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 1 Consaul - Silver Spring to N Alley West 2-Hr Metered (8am-6pm) 3 0 1 2 3 1 1 3 0 1 2 3 1 1 Consaul - N Alley to Beaumont West OPEN 3 0 0 0 0 0 0 3 0 0 0 0 0 0 2-Hr Parking (8am-6pm) 63 32 29 40 16 15 16 ADA 2 1 0 0 0 0 0 Senior Citizen 1 0 0 0 0 1 0 66 33 29 40 16 16 16 10-Hr Parking (Permit only b4 4pm) 60 53 50 35 20 12 10 ADA 2 0 1 0 0 0 0 EV 3 0 0 0 0 0 0 ADA EV 1 0 0 0 0 0 0 66 53 51 35 20 12 10 Beaumont - Santa Monica to Consaul North OPEN 14 11 6 3 5 3 1 14 11 6 3 5 3 1 Santa Monica - N Alley to Beaumont East 2-Hr Metered (8am-6pm) 4 1 0 0 0 0 0 4 1 0 0 0 0 0 Santa Monica - Silver Spring to N Alley East 2-Hr Metered (8am-6pm) 4 2 2 1 2 0 0 4 2 2 1 2 0 0 2-Hr Parking (8am- 6pm) 19 15 17 11 8 5 4 ADA 1 1 1 1 1 1 0 NML Guest 2 2 2 0 1 0 0 22 18 20 12 10 6 4 Total Total Total Total Total Beaumont Parking Structure East Total Lot Behind 312 E Silver Spring Total Total Beaumont Parking Structure West X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 2 New Land 334 E Silver Spring Development Parking Occupancy Date: Tuesday, Janurary 28, 2025 Weekday Occupied Occupied Occupied Occupied Occupied Occupied North 10-Hr Metered (8am-6pm) 6 4 2 2 1 0 0 South 2-Hr Metered (8am-6pm) 6 3 3 2 2 1 1 12 7 5 4 3 1 1 North 2-Hr Metered (8am-6pm) 10 7 8 9 5 3 4 South 2-Hr Metered (8am-6pm) 7 3 6 5 4 2 1 17 10 14 14 9 5 5 West 2-Hr Metered (8am-6pm) 4 2 4 4 3 3 1 East ADA 1 0 0 0 0 0 0 East 2-Hr Metered (8am-6pm) 3 2 2 3 4 0 0 8 4 6 7 7 3 1 North 2-Hr Metered (8am-6pm) 5 3 5 5 3 3 2 North ADA 1 1 0 1 0 0 0 South 2-Hr Metered (8am-6pm) 5 2 4 3 5 4 4 South 5-min (9am-5pm M-F) 1 0 1 1 1 0 0 12 6 10 10 9 7 6 West 2-Hr Metered (8am-6pm) 4 3 3 4 4 3 0 East 2-Hr Metered (8am-6pm) 4 1 2 3 4 2 2 8 4 5 7 8 5 2 Silver Spring - Santa Monica to Berkeley Total Berkeley - S Alley to Silver Spring Total Silver Spring - Berkeley to Diversey Total Diversey - S Alley to Silver Spring Total 6-7pm 7-8pm 8-9pm Silver Spring - Shoreland to Santa Monica Total 4-5pm 5-6pm Location Side/ DesignationParking Supply 3-4pm X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 1 Consaul - Silver Spring to N Alley West 2-Hr Metered (8am-6pm) 3 1 0 2 2 1 0 3 1 0 2 2 1 0 Consaul - N Alley to Beaumont West OPEN 3 1 1 1 0 0 0 3 1 1 1 0 0 0 2-Hr Parking (8am-6pm) 63 27 30 40 26 16 12 ADA 2 0 1 1 1 1 0 Senior Citizen 1 0 1 1 0 0 0 66 27 32 42 27 17 12 10-Hr Parking (Permit only b4 4pm) 60 50 49 38 26 16 10 ADA 2 0 0 0 1 1 0 EV 3 0 0 0 0 0 0 ADA EV 1 0 0 0 0 0 0 66 50 49 38 27 17 10 Beaumont - Santa Monica to Consaul North OPEN 14 9 9 9 8 6 4 14 9 9 9 8 6 4 Santa Monica - N Alley to Beaumont East 2-Hr Metered (8am-6pm) 4 0 0 0 0 0 0 4 0 0 0 0 0 0 Santa Monica - Silver Spring to N Alley East 2-Hr Metered (8am-6pm) 4 1 0 0 1 0 0 4 1 0 0 1 0 0 2-Hr Parking (8am- 6pm) 19 15 16 12 9 7 4 ADA 1 0 0 0 0 0 0 NML Guest 2 2 1 1 1 0 0 22 17 17 13 10 7 4 Lot Behind 312 E Silver Spring Total Total Beaumont Parking Structure West Total Total Total Total Beaumont Parking Structure East Total Total X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 2 New Land 334 E Silver Spring Development Parking Occupancy Date: Saturday, January 25, 2025 Weekend Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied North 10-Hr Metered (8am-6pm) 6 4 1 0 0 0 4 3 0 0 South 2-Hr Metered (8am-6pm) 6 3 2 1 0 1 2 2 0 0 12 7 3 1 0 1 6 5 0 0 North 2-Hr Metered (8am-6pm) 10 9 10 7 4 8 3 5 4 3 South 2-Hr Metered (8am-6pm) 7 5 7 6 5 2 5 1 4 4 17 14 17 13 9 10 8 6 8 7 West 2-Hr Metered (8am-6pm) 4 2 3 3 2 3 4 4 2 1 East ADA 1 0 0 0 0 0 0 1 0 0 East 2-Hr Metered (8am-6pm) 3 1 2 2 2 0 0 0 0 0 8 3 5 5 4 3 4 5 2 1 North 2-Hr Metered (8am-6pm) 5 2 5 5 5 1 1 4 3 1 North ADA 1 1 0 1 1 0 0 0 0 0 South 2-Hr Metered (8am-6pm) 5 3 5 5 3 1 4 5 4 2 South 5-min (9am-5pm M-F) 1 0 1 1 0 0 1 1 1 0 12 6 11 12 9 2 6 10 8 3 West 2-Hr Metered (8am-6pm) 4 4 2 4 4 2 2 4 4 3 East 2-Hr Metered (8am-6pm) 4 2 1 4 3 2 4 4 3 1 8 6 3 8 7 4 6 8 7 4 Consaul - Silver Spring to N Alley West 2-Hr Metered (8am-6pm) 3 1 1 2 0 0 0 1 1 1 3 1 1 2 0 0 0 1 1 1 8-9pm Diversey - S Alley to Silver Spring Total Total Total Silver Spring - Shoreland to Santa Monica Silver Spring - Santa Monica to Berkeley Berkeley - S Alley to Silver Spring Location Total Total Silver Spring - Berkeley to Diversey Total 2-3pm1-2pm12-1pmParking SupplySide/ Designation 7-8pm6-7pm5-6pm4-5pm3-4pm X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 1 Consaul - N Alley to Beaumont West OPEN 3 2 2 2 2 0 0 0 0 0 3 2 2 2 2 0 0 0 0 0 2-Hr Parking (8am-6pm) 63 23 25 26 18 13 12 13 13 13 ADA 2 0 0 0 0 0 0 0 0 1 Senior Citizen 1 0 0 0 0 1 1 1 1 1 66 23 25 26 18 14 13 14 14 15 10-Hr Parking (Permit only b4 4pm) 60 22 23 20 18 12 14 17 12 11 ADA 2 0 0 0 0 0 0 0 0 0 EV 3 0 0 0 0 0 0 0 0 0 ADA EV 1 0 0 0 0 0 0 0 0 0 66 22 23 20 18 12 14 17 12 11 Beaumont - Santa Monica to Consaul North OPEN 14 9 7 5 4 4 2 3 1 2 14 9 7 5 4 4 2 3 1 2 Santa Monica - N Alley to Beaumont East 2-Hr Metered (8am-6pm) 4 2 0 0 0 1 1 0 0 0 4 2 0 0 0 1 1 0 0 0 Santa Monica - Silver Spring to N Alley East 2-Hr Metered (8am-6pm) 4 1 1 2 2 1 1 1 0 0 4 1 1 2 2 1 1 1 0 0 2-Hr Parking (8am- 6pm) 19 13 10 10 9 13 16 6 5 5 ADA 1 0 1 1 1 1 1 0 0 0 NML Guest 2 2 2 1 2 0 1 0 0 1 22 15 13 12 12 14 18 6 5 6 Total Beaumont Parking Structure West Total Total Total Total Lot Behind 312 E Silver Spring Total Beaumont Parking Structure East Total X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 2 New Land 334 E Silver Spring Development Parking Occupancy Date: Saturday, February 1, 2025 Weekend Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied North 10-Hr Metered (8am-6pm) 6 0 0 0 0 0 5 1 0 0 South 2-Hr Metered (8am-6pm) 6 0 0 0 2 1 1 0 0 0 12 0 0 0 2 1 6 1 0 0 North 2-Hr Metered (8am-6pm) 10 9 7 10 10 7 8 9 6 2 South 2-Hr Metered (8am-6pm) 7 7 5 7 4 4 7 4 5 3 17 16 12 17 14 11 15 13 11 5 West 2-Hr Metered (8am-6pm) 4 2 1 1 1 1 2 2 1 1 East ADA 1 0 0 0 0 0 0 0 0 0 East 2-Hr Metered (8am-6pm) 3 1 2 2 0 0 0 0 0 0 8 3 3 3 1 1 2 2 1 1 North 2-Hr Metered (8am-6pm) 5 4 3 5 4 3 3 5 5 5 North ADA 1 0 0 0 0 0 0 0 0 0 South 2-Hr Metered (8am-6pm) 5 3 3 4 4 2 0 5 2 4 South 5-min (9am-5pm M-F) 1 1 0 1 0 0 0 1 1 1 12 8 6 10 8 5 3 11 8 10 West 2-Hr Metered (8am-6pm) 4 3 4 2 2 0 1 4 4 4 East 2-Hr Metered (8am-6pm) 4 3 3 0 1 1 1 4 4 3 8 6 7 2 3 1 2 8 8 7 Consaul - Silver Spring to N Alley West 2-Hr Metered (8am-6pm) 3 3 1 0 3 3 1 1 1 0 3 3 1 0 3 3 1 1 1 0 Berkeley - S Alley to Silver Spring Total Silver Spring - Berkeley to Diversey Total Diversey - S Alley to Silver Spring Total Total Total 3-4pm 4-5pm 5-6pm 6-7pm Silver Spring - Shoreland to Santa Monica Total Silver Spring - Santa Monica to Berkeley 7-8pm 8-9pm Location Side/ DesignationParking Supply 12-1pm 1-2pm 2-3pm X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 1 Consaul - N Alley to Beaumont West OPEN 3 2 1 0 1 0 0 0 0 0 3 2 1 0 1 0 0 0 0 0 2-Hr Parking (8am-6pm) 63 21 15 12 12 10 12 15 13 10 ADA 2 0 0 0 0 0 0 0 0 0 Senior Citizen 1 0 0 0 0 0 0 0 0 0 66 21 15 12 12 10 12 15 13 10 10-Hr Parking (Permit only b4 4pm) 60 21 21 16 18 13 14 13 10 9 ADA 2 0 0 0 0 0 0 0 0 0 EV 3 1 1 2 1 0 0 0 0 0 ADA EV 1 0 0 0 0 0 0 0 0 0 66 22 22 18 19 13 14 13 10 9 Beaumont - Santa Monica to Consaul North OPEN 14 4 4 5 4 4 8 7 8 7 14 4 4 5 4 4 8 7 8 7 Santa Monica - N Alley to Beaumont East 2-Hr Metered (8am-6pm) 4 0 0 1 0 1 2 0 0 0 4 0 0 1 0 1 2 0 0 0 Santa Monica - Silver Spring to N Alley East 2-Hr Metered (8am-6pm) 4 2 4 2 2 1 0 0 0 0 4 2 4 2 2 1 0 0 0 0 2-Hr Parking (8am- 6pm) 19 11 11 9 13 7 10 8 6 5 ADA 1 0 0 0 0 0 0 0 0 0 NML Guest 2 0 0 0 0 0 0 0 1 1 22 11 11 9 13 7 10 8 7 6 Total Total Total Lot Behind 312 E Silver Spring Total Total Total Beaumont Parking Structure East Total Beaumont Parking Structure West X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx Page 2 Appendix C ITE Parking Generation Tables 670 Parking Generation Manual, 6th Edition Land Use: 932 High-Turnover (Sit-Down) Restaurant Description A high-turnover (sit-down) restaurant is full-service eating establishment with a typical duration of stay of 60 minutes or less. This type of restaurant is usually moderately priced, frequently belongs to a restaurant chain, and is commonly referred to as casual dining. Generally, these restaurants serve lunch and dinner; they may also be open for breakfast and are sometimes open 24 hours a day. These restaurants typically do not accept reservations. A patron commonly waits to be seated, is served by wait staff, orders from a menu, and pays after the meal. Some facilities offer carry-out for a small proportion of their customers. Some facilities within this land use may also contain a bar area for serving food and alcoholic drinks. Land Use Subcategory Data are separated into two subcategories for this land use: ● Restaurants that serve breakfast ● Restaurants that do not serve breakfast The “serves breakfast” subcategory includes restaurants that serve customers during breakfast, lunch, and dinner; during breakfast and lunch; and during breakfast only. The “does not serve breakfast” subcategory includes restaurants that serve customers during lunch and dinner, during dinner only, and during lunch only. 671 Time-of-Day Distribution for Parking Demand The following table presents a time-of-day distribution of parking demand on a weekday (Monday– Thursday) at restaurants that serve breakfast, lunch, and dinner (10 study sites) and at restaurants that serve only lunch and dinner (25 sites). The following table also presents a time-of-day distribution of parking demand on a Saturday at restaurants that serve breakfast, lunch, and dinner (nine study sites) and at restaurants that serve only lunch and dinner (six sites). Hour Beginning Percent of Monday–Thursday Peak Parking Demand Percent of Saturday Peak Parking Demand Serving Breakfast, Lunch, and Dinner Serving Lunch and Dinner Serving Breakfast, Lunch, and Dinner Serving Lunch and Dinner 12:00–4:00 a.m. – – – – 5:00 a.m. – – – – 6:00 a.m. – – – – 7:00 a.m. – – – – 8:00 a.m. 64 – 55 – 9:00 a.m. 74 – 76 – 10:00 a.m. 82 – 91 – 11:00 a.m. 89 28 100 33 12:00 p.m. 100 96 97 56 1:00 p.m. 86 100 91 69 2:00 p.m. 57 51 73 58 3:00 p.m. 44 37 51 49 4:00 p.m. 39 34 43 63 5:00 p.m. 62 56 57 77 6:00 p.m. 73 87 66 100 7:00 p.m. 95 91 80 100 8:00 p.m. 76 73 62 85 9:00 p.m. – – – 55 10:00 p.m. – – – 35 11:00 p.m. – – – – Land Use Descriptions and Data Plots 672 Parking Generation Manual, 6th Edition Additional Data If the restaurant has outdoor seating, its area is not included in the overall gross floor area. For a restaurant that has significant outdoor seating, the number of seats may have a more direct relationship to site-generated parking demand than GFA. The average parking supply ratio for the 55 study sites with parking supply information in a general urban/suburban setting is 16 spaces per 1,000 square feet GFA. The average parking supply ratio for the five study sites with parking supply information in a dense multi-use urban setting is 11 spaces per 1,000 square feet GFA. The average peak parking occupancy is 74 percent at the general urban/ suburban sites and 88 percent at the dense multi-use urban sites. The sites were surveyed in the 1990s, the 2000s, the 2010s, and the 2020s in Arizona, British Columbia (CAN), California, Florida, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Texas, Virginia, Washington, and Wisconsin. Source Numbers 168, 218, 274, 276, 299, 527, 531, 556, 557, 567, 568, 618, 619, 620, 622, 626, 628, 637 683 High-Turnover (Sit Down) Restaurant Does Not Serve Breakfast (932) Peak Period Parking Demand vs: 1000 Sq. Ft. GFA On a: Weekday (Monday - Thursday) Setting/Location: Dense Multi-Use Urban Number of Studies: 7 Avg. 1000 Sq. Ft. GFA: 3.0 Peak Period Parking Demand per 1000 Sq. Ft. GFA Average Rate Range of Rates 33rd / 85th Percentile 95% Confidence Interval Standard Deviation (Coeff. of Variation) 5.92 3.87 - 12.35 4.57 / 11.76 *** 2.54 ( 43% ) Data Plot and Equation 0 2 4 60 10 20 30 Average RateStudy Site Fitted Curve Equation: *** R²= *** X = 1000 Sq. Ft. GFA P = Parked Vehicles Land Use Descriptions and Data Plots 684 Parking Generation Manual, 6th Edition High-Turnover (Sit Down) Restaurant Does Not Serve Breakfast (932) Peak Period Parking Demand vs: 1000 Sq. Ft. GFA On a: Saturday Setting/Location: Dense Multi-Use Urban Number of Studies: 5 Avg. 1000 Sq. Ft. GFA: 3.2 Peak Period Parking Demand per 1000 Sq. Ft. GFA Average Rate Range of Rates 33rd / 85th Percentile 95% Confidence Interval Standard Deviation (Coeff. of Variation) 6.03 3.60 - 12.35 4.92 / 12.35 *** 3.00 ( 50% ) Data Plot and Equation 0 2 4 60 10 20 30 Average RateStudy Site Fitted Curve Equation: *** R²= *** X = 1000 Sq. Ft. GFA P = Parked Vehicles VILLAGE OF WHITEFISH BAY PLAN COMMISSION MEETING MINUTES February 10, 2025 – 6:00 p.m. Village Hall Board Room 1. Call to Order. President Buckley called the meeting to order at 6:02 p.m. Present: President Kevin Buckley, Trustee Jay Saunders, Jos. Sauer, Julie Wilson, Margaret Jane Moore Absent: Mark Huber, John Roth Also Present: Kelsey McElroy-Anderson – Village Manager, Anna Christopherson – Assistant Village Manager, Joel Oestreich – Director of Building Services 2. Approval of the Minutes of the Regular Meeting on October 10, 2024. COMMISSIONER SAUER MOTIONED TO APPROVE THE MINUTES AS SUBMITTED. COMMISSIONER MOORE SECONDED. MOTION CARRIED, 5-0. 3. Public Hearing a. On Conditional Use Application for The Argo - a live entertainment venue, bar/restaurant, and event space to be located at 334 E. Silver Spring Dr. Village Manager McElroy-Anderson provided a brief introduction on the redevelopment process. Village Attorney Chris Jaekels spoke about what a conditional use is and how ACT 67 restricts conditions and requires substantial evidence. Sheldon Oppermann, CFO of New Land Enterprises, which owns the Fox Bay building and theater space, recounted how the company arrived at selecting an operator for the former Fox Bay Cinema and Grill space after conducting a national search. Mr. Oppermann believes they found the right tenant, the Argo. Adam Powers, co-owner of the Argo, recapped the last year they have been working with New Land Enterprises. An overview of the project was provided including the three different spaces. Shared concerns from the previous meeting that included parking, noise, capacity, and general safety in the area. Stated they have tried to address concerns by the parking study, dB noise rating on inside and outside of the building, theater capacity was originally 988 seated in 1951, and have worked with Whitefish Bay Police Chief and the North Shore Fire Department in terms of safety. Told of how they have had conversations with neighbors, including the residents of Beaumont Place and St. Monica’s Parish. Josh Bryant, co-owner of the Argo, appreciated how collaborative the community has been. Stated that they have adjusted the primary entrance to be off Silver Spring Drive instead of the rear entrance and collaborated with local law enforcement on a security plan. They are working on preserving existing sign and proactively communicate public parking places to attendees. They have committed to hosting community events. Alex Motl, traffic engineer, presented the GRAEF parking study which included trip generation and parking analysis. The trip generation was broken out by three different capacity scenarios. The parking study determined that the existing parking supply would be enough for the demand with the Argo. Queuing of ride share, parking at other similar spaces, parking along residential blocks, ADA parking spaces, and parking during other events was discussed. Assistant Village Manager Christopherson summarized the Conditional Use Memo found in the packet. Staff recommendations that the applicant agreed upon were highlighted. Outdoor seating capacity was discussed and the Plan Commission along with the applicant agreed to a capacity of 20 instead of 10. The ticketing package and process, programming, and Village expenses being reimbursed were discussed. President Buckley opened the meeting up for public comment at 7:39 p.m. Phil Himmelfarb (401 E. Beaumont Ave.) stated that he is part of the Citizens of Beaumont group, which has had many meetings with Mandel and the Argo, and is very much in favor of the project. Felt the concerns raised by the Citizens of Beaumont have been addressed. Shared that in the alley a sign stated no deliveries before 7 a.m. Jill Anderson (5715 N. Lake Dr.) stated that she is a member of the Historic Preservation Commission. Spoke to the history of the building and that the marquee should be kept in place. Cited the Milwaukee Symphony downtown and Ambassador Hotel as similar historic places in the area that preserved the signage. Mentioned the MCTS bus lines in close proximity to the building. Inquired about the meaning of the Argo. Kate Valerius (700 E. Henry Clay St.) stated that the signage on Silver Spring is an issue because it indicates a done deal. Shared that much of her concern comes from the Women’s Club starting to rent out to different kinds of groups and that events were going on late into the night. Asked the Argo to please be exceptionally careful when it comes to who is being featured at events. Brought up that the parking study was done in January which is a lot different than parking spaces and counting in May or June. Questioned the peak time of the study given that people would come to eat before the event. Stated that queuing areas for drop off is going to be a huge issue with the MCTS green bus line. Questioned the outdoor seating, bar hours, and deliveries. Tom Gleason (5524 N. Berkeley Blvd.) thanked Commissioner Sauer for bringing up Berkeley resident concerns about parking. Stated that the signage is poor and urged it be improved. Felt that there is plenty of parking and is supportive of the project. Stated that significant more left turns and pedestrian activity along Silver Spring would occur as a result of the project. Ross Wallace (5714 N. Shoreland Ave.) stated that he moved from Chicago to a walkable community to have things close. Shared that he fully supports the project and community events for kids. Phil Aiello (5055 N Berkley Blvd.) stated that he is a resident and owner of Mandel group as well as former BID board member. Shared he is in full support of this development and use of space which is a large space that is going to demand a large user. Spoke to how wonderful the collaboration between the Village, Argo, and community members has been. President Buckley closed the public hearing at 8:10 p.m. 4. NEW BUSINESS a. Review and action on Conditional Use Application for The Argo - a live entertainment venue, bar/restaurant, and event space to be located at 334 E. Silver Spring Dr. The 6 a.m. delivery time restriction was discussed and agreed to be revised to 7 a.m. by Staff and the Applicant. A similar venue called the Slowdown in Omaha, Nebraska was discussed. TRUSTEE SAUNDERS MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT APPLICATION FOR THE ARGO LOCATED AT 334 E. SILVER SPRING DRIVE WITH THE CONDITIONS LISTED IN THE MEETING MEMO AND AS AMENDED BY THE PLAN COMMISSION. SECONDED BY COMMISSIONER MOORE. MOTION CARRIED 5-0. 5. Adjournment TRUSTEE SAUNDERS MOVED TO ADJOURN THE MEETING AT 8:16 P.M. SECONDED BY COMMISSIONER MOORE. MOTION CARRIED, 5-0. Respectfully Submitted, Anna Christopherson – Assistant Village Manager PLAN COMMISSION MEETING – STAFF REPORT REPORT TO: Kevin Buckley – Chairperson Members of the Plan Commission Kelsey McElroy-Anderson – Village Manager REPORT FROM: Anna Christopherson – Assistant Village Manager Joel Oestrich – Director of Building Services MEETING DATE: September 30, 2026 AGENDA ITEM: Discussion/action on Ordinance No.1930 to amend Municipal Code § 16-3, 16-8A, 16-8C(1), and 16-11A(4)(c) pertaining to improved space in accessory buildings and structures ACTION REQUESTED: ____Ordinance ____ Resolution ____ Motion ____ Direction to Staff BACKGROUND Staff and Village Board Members have received recurring inquiries from residents seeking to finish space above a detached garage for use as a studio, workshop, or storage. The current text prohibits this outright. The proposed amendment would permit such space under defined conditions while reinforcing that it may not become a second dwelling unit. Chapter 16 currently prohibits improved space in accessory buildings and structures with one narrow exception: a single area of up to 220 square feet on the ground floor of a garage, and then only if at least 440 square feet of garage space remains available for vehicle parking. Accessory buildings may not be used for sleeping. “Improved space in an accessory building or structure” is defined in § 16-3 as “any area, other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures.” Finished, electrically served space therefore falls within the definition whether or not it is plumbed or heated. SUMMARY OF PROPOSED AMENDMENT Table 1 shows the current regulations compared to the proposed changes. The substantive changes include: • Ability to improve space on the second-floor • Removal of the cap on improved space • Reduction of the garage area that must be retained for parking • Clarifying that the improved space must comply with the garage setback requirement of the underlying zoning district The proposed ordinance does not allow for plumbing, sleeping, or cooking facilities in the improved accessory building or structure. Table 1. Current and proposed standards summary Topic Current regulation Proposed regulation Definition of improved space Any area other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures Any area, on any floor, other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures Ground-floor improved space One area, maximum 220 square feet Permitted with no area cap Garage space retained for parking At least 440 square feet (roughly two stalls) At least 220 square feet (roughly one stall) Second-floor improved space Not permitted Permitted in a private garage, subject to four conditions: 1) The garage conforms to the coverage limits of the zoning district in which the lot is located and to the height limitation of §16-8C(1) 2) The improved space does not extend beyond the footprint of the garage below 3) The ground floor of the garage is maintained for vehicle parking 4) Access to the second floor is provided by a stairway. No exterior stairway serving second- floor improved space shall be located on a wall of the garage that faces a street Footprint Not addressed Improved space may not extend beyond the garage footprint below Access Not addressed Stairway required; no exterior stairway on a street-facing wall Cooking facilities Not addressed Prohibited Permit application Not addressed Application must clearly define the intended use of each space and depict no plumbing rough-in Plumbing Not addressed Prohibited, other than a floor drain and an exterior hose bibb; no sanitary lateral to an accessory building Occupancy No sleeping No sleeping, no occupancy as a dwelling unit, and no separate lease from the principal dwelling Non-garage accessory buildings No improved space No improved space (no change in effect) Rear yard, attached garage with space above 10 feet where dwelling space or quarters are provided above 10 feet, unchanged; improved space above an attached garage expressly requires the 10-foot rear yard Figure 1. How the proposed standards apply The diagram above illustrates the two permissions created by the amendment: improved space on the ground floor under Subsection [1], and improved space on the second floor under Subsection [2]. The conditions listed at the bottom apply to improved space on either floor. Districts affected The amendment reaches all four residential districts, but only three code sections require an amendment: Table 2. Districts affected and sections requiring amendment Because District 2 comprises the large majority of the Village’s residential land, the practical reach of this amendment is Village-wide. Staff notes this expressly because the amendment’s text sits in the Lake Shore district section, which understates its scope. Consistency with existing dimensional standards The amendment does not alter any dimensional standard. The following continue to apply to a garage containing improved space: • 18-foot height limit for any building accessory to a dwelling, under § 16-8C(1). • 10% coverage cap for accessory buildings, and a 40% combined cap for the dwelling and all accessory buildings. • Setbacks of three feet side and three feet rear for a detached garage, subject to §§ 16-35A and 16-36. The proposed ordinance makes compliance with the coverage and height limits a condition for approving second-floor improvements, rather than treating them as separate requirements. Noncommercial greenhouses, nurseries, and gardens Staff is also proposing moving noncommercial greenhouses, nurseries, and gardens to be with the other accessory uses permitted. This would clarify that residential dwellings are to be the primary use. RECOMMENDED ACTION BY THE PLAN COMMISSION Staff recommends the Plan Commission recommend to the Village Board approval of Ordinance No.1930 to amend Municipal Code § 16-3, 16-8A, 16-8C(1), and 16-11A(4)(c) pertaining to District Section How the amendment applies All districts § 16-3 Definition amended; applies chapter-wide District 1 — Lake Shore § 16-8A(2)(b) Amended directly District 1A — Single-Family § 16-9A Applies automatically; § 16-9A adopts the uses in § 16-8A by reference. No amendment needed. District 2 — Single-Family § 16-10A Applies automatically; § 16-10A adopts the uses in § 16-8A by reference. No amendment needed. District 3 — Two-Family § 16-11A(4)(c) Amended to a cross-reference, replacing a verbatim duplicate of the old rule. improved space in accessory buildings to the Plan Commission to review. ATTACHMENTS • Proposed revisions to Municipal Code §16-3, 16-8A, 16-8C(1), and 16-11A(4)(c) • Proposed Ordinance No.1930 § 16-3. Definitions. [Amended by Ord. No. 1718; Ord. No. 1723; 8-14-2017 by Ord. No. 1832] IMPROVED SPACE IN AN ACCESSORY BUILDING OR STRUCTURE — Any area, on any floor, other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures. § 16-8. District 1 - Lake Shore Residence District. [Amended by Ord. No. 1227; Ord. No. 1343; Ord. No. 1365; Ord. No. 1467; Ord. No. 1685; Ord. No. 1722; Ord. No. 1723; Ord. No. 1724] A. In District 1, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered, or maintained which is arranged, intended or designed to be used except for one or more of the following uses: (1) Single-family dwellings. Not more than one dwelling shall be located on any lot. (2) Noncommercial greenhouses, nurseries and gardens. (3)(2) Accessory. (a) Uses and buildings accessory to those enumerated above in this subsection, including private garages designed for not more than one motor vehicle for each 2,400 square feet of top land area, but not including any store, trade, professional office, business or industry. However, not exceeding one person may, in a dwelling used as his residence: [1] Furnish room or table board to no more than two persons. [2] Carry on a customary home occupation, provided no persons other than members of his own household are employed therein. (Cannot stock materials and cannot create parking problems.) [2][3] Noncommercial greenhouses, nurseries and gardens. (b) Improved space is not allowed in accessory buildings or structures, except that one area of up to 220 square feet of improved space on the ground floor of any garage is allowed, provided at least 440 square feet of garage space in the garage is maintained for vehicle parking. In no event may accessory buildings or structures be used for sleeping. Improved space is not allowed in an accessory building or structure except as expressly permitted in Subsection [1] and [2] below. The purpose of this Subsection (b) is to permit limited finished space in a private garage while ensuring that such space does not constitute or become a dwelling unit. [1] Ground floor. Improved space is allowed on the ground floor of a private garage, provided at least 220 square feet of garage space is maintained for vehicle parking. [2] Second floor. Improved space is allowed on the second floor of a private garage, provided that: (i) the garage conforms to the coverage limits of the zoning district in which the lot is located and to the height limitation of §16-8C(1); (ii) The improved space does not extend beyond the footprint of the garage below; (iii) The ground floor of the garage is maintained for vehicle parking; and (iv) Access to the second floor is provided by a stairway. No exterior stairway serving second-floor improved space shall be located on a wall of the garage that faces a street. [3] Requirements applicable to all improved space. Improved space permitted under Subsections [1] and [2] above shall satisfy each of the following: (i)The improved space contains no cooking facilities and no plumbing fixtures; and (ii) The building permit application depicts no plumbing rough-in and clearly identifies the use of the space. [4] Plumbing prohibited. No accessory building or structure shall contain a plumbing fixture, plumbing rough-in, or fixture supply, waste, or vent connection, other than a floor drain or an exterior hose bibb. No sanitary sewer lateral shall be extended to serve an accessory building or structure. [5] Occupancy. In no event may an accessory building or structure be used for sleeping, occupied as a dwelling unit, or leased or offered for lease separately from the principal dwelling on the lot. (4)(3) Garage. [Amended 3-2-2020 by Ord. No. 1862] (5)(4) Access from the public street or alley or from a private road to each garage required in Subsection A(34) above shall be by means of an approved driveway. (6)(5) Newly constructed driveways shall have a concrete, an asphaltic concrete or an asphaltic penetration surface, free of dust, loose stones or gravel, constructed on an adequate base. (7)(6) Parking spaces shall have an adequate concrete, asphaltic concrete, asphaltic penetration, or a geogrid with organic ground cover surface, free of dust, loose stones or gravel, constructed on an adequate base. [Amended 8 -5-2019 by Ord. No. 1853; 8-1-2022 by Ord. No. 1892] (a) The minimum setbacks for an approved parking space shall be as follows: [1] In Districts 1, 1A, 2 and 3, three feet from side and rear property lines where no alley exists. [2] In Districts 1, 1A, 2 and 3, five feet from the adjacent alley line. [3] In Districts 1, 1A, 2 and 3, the established setback from the adjacent street property line. [4] In Districts 4, 4A, 5, 6 and 7, as required under § 16-17. (b) The maximum number of vehicles permitted to be parked on an approved parking space in Districts 1, 1A, 2 and 3 shall be two. (c) A plot plan to a minimum scale of one inch equals 20 feet, showing the location and size of the proposed parking space, the location and dimensions of all buildings and physical features on the premises and the location of buildings immediately adjacent to the parking space shall be submitted to the Building Inspector. (d) The Building Inspector may refer said plot plan to the Architectural Review Commission for approval or denial if he believes the proposal will have a depreciating effect on the property values of the neighborhood. (e) The permit fee for construction of the parking space, if approved, shall be as set from time to time by the Village Board. (8)(7) Parking of vehicles, except on public streets, where not otherwise prohibited or restricted; on approved off-street parking facilities; in garages; on approved driveways or approved parking spaces, is prohibited. (9)(8) Parking in the public way, except upon the public street where permitted, is prohibited. (10)(9) Notwithstanding Subsection A(8) above, no vehicle except an automobile may be parked in the front setback area of an interior lot, nor between adjacent residences which front on the same street, nor in the side setback area which fronts on a street or a corner lot. B. In District 1, each lot shall abut either upon a public street or upon the westerly line of said district; shall extend from such public street or the westerly line of District 1 to the shore of Lake Michigan; shall contain at least 9,600 square feet of top land lot area and have an average width from north to south of at least 80 feet for each single-family dwelling erected, altered or maintained thereon. No dwelling shall be erected, altered or maintained on any lot in District 1 which occupies more than 30% of the top land area of the lot. No building accessory to a dwelling, including garages, shall occupy more than 10% of the top area of the lot. The combined area of the dwelling and all accessory buildings including garages and any satellite earth station shall not exceed 40% of the top land lot area of the lot. C. Yard minimums; structure maximums. (1) Each dwelling shall have two side yards each at least three feet in width; in case the height of any building exceeds 25 feet, the required width of the side yards shall be increased 10% for each foot that such dwelling exceeds such height. Dwellings shall have a rear yard of at least 10 feet in depth. No building, when accessory to a dwelling, shall be over 18 feet in height. Improved space permitted under §16-8A(2)(b) shall not constitute dwelling space or quarters for purposes of this subsection. Subject to the provisions of § 16-35A, each garage attached or detached, and each accessory building, shall have a minimum side yard of three feet; a detached garage or an accessory building, except where adjacent to alley (see § 16-36), shall have a minimum rear setback of three feet; an attached garage shall have a minimum rear yard of five feet except when dwelling space or quarters are provided over said garage, in which event a minimum rear yard of 10 feet shall be provided. (2) The maximum height of single - and two -family residential structures shall be as designated in Article XVI, Single -Family and Two -Family Residential Design Guidelines. 1 D. In the event that the property is on the bluff of Lake Michigan, the following requirements shall also apply: (1) A registered professional engineer, having a minimum of 10 years of geotechnical experience involving foundation investigation/engineering and shoreline slope stability evaluation, and who is hired by the owner of the lot, shall certify to the Village that the construction of any building and structure(s) proposed to be located within 100 feet of the top edge of the bluff will be safe. Specifically, he shall certify that: (a) The design of any building or structure(s), the method of constructing such building or structure(s), and the materials used therefor are structurally adequate and will protect the public health and safety; (b) The proposed building and structure(s) will not in any way adversely affect the structural integrity or safety of any building, or structure(s) located on adjoining or adjacent sites; (c) The proposed building and structure(s) will not adversely disturb ravine and bluff slopes, interfere with surface or subsurface drainage, or create new or exacerbate existing problems of erosion and recession; (d) The drainage system will not adversely affect the adjacent and adjoining properties; (e) There is no danger to the proposed or existing buildings or structures and its occupants from slippage of the slope above and/or below the proposed structure. (2) The engineer shall make a technical report accompanying the certificate, which shall include, at a minimum: (a) Recommendations regarding site preparation, foundation design, lateral earth pressure and support of slabs on grade; (b) The stability of the slope before, during and after construction; (c) The effect of the construction on the natural drainage in the areas, including any measures, such as "weepers," which are designed to improve natural drainage in the area. (3) The owner of the property shall certify to the Village that he/she is aware of potential 1. Editor's Note: Original Subsection (3)(c), which immediately followed this subsection, was repealed by Ord. No. 1724. problems of lake shore erosion, including but not limited to the possibility of adding fill of various types to stabilize the bluff area, is aware of the requirement for securing of a fill permit from the Village for any such filling, is aware of the provisions of said fill permit ordinance, and is further aware of the potential cost involved. (4) A memorandum of said certifications, including the legal description of the property, shall be recorded with the Register of Deeds of Milwaukee County. § 16-11. District 3 - Two-Family Residence District. [Amended by Ord. No. 1343; Ord. No. 1722; Ord. No. 1723; Ord. No. 1724] A. In District 3, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged, intended or designed to be used except for one or more of the following uses: (1) Uses permitted in District 2, subject to all restrictions contained in § 16-10. (2) Duplexes. Not more than one duplex, double house or single -family dwelling shall be located on any lot. (3) Double houses. Not more than one double house, duplex or single-family dwelling shall be located on any lot. (4) Uses and buildings accessory to those enumerated in Subsection A(2) and (3) of this section, including private garages designed for not more than one motor vehicle for each 2,400 square feet of lot area, but not including any store, trade, professional office, business or industry. However, not exceeding one person may, in a dwelling used as his residence: (a) Furnish room or table board to not exceeding two persons. (b) Carry on a customary home occupation provided no persons other than members of his own household are employed therein. (Cannot stock materials and cannot create parking problems.) (c) Improved space is not allowed in accessory buildings or structures is regulated as provided in §16- 8A(2)(b), except that one area of up to 220 square feet of improved space on the ground floor of any garage is allowed, provided at least 440 square feet of garage space in the garage is maintained for vehicle parking. In no event may accessory buildings or structures be used for sleeping. B. No duplex or double house shall be erected, altered or maintained which does not contain at least 7,200 square feet of lot area or which dwelling occupies more than 30% of the area of the lot. No building accessory to a duplex or double house, including garages, shall occupy more than 10% of the area of the lot. The combined area of the duplex or double house and all accessory buildings, including garages and any satellite earth station, shall not exceed 40% of the area of the lot. C. Duplexes and double houses shall have two side yards, each at least five feet in width, and the aggregate width of both side yards shall be at least 20 feet; the height of any duplex or double house shall not exceed 30 feet. Duplexes and double houses shall have a rear yard at least 10 feet in depth. No building which is accessory to a dwelling shall be over 18 feet in height. STATE OF WISCONSIN MILWAUKEE COUNTY VILLAGE OF WHITEFISH BAY ORDINANCE NO: 1930 AN ORDINANCE AMENDING SECTIONS 16-3, 16-8A, 16-8C(1), AND 16-11A(4)(c) OF THE MUNICIPAL CODE PERTAINING TO IMPROVED SPACE IN ACCESSORY BUILDINGS AND STRUCTURES The Village Board of the Village of Whitefish Bay, Milwaukee County, Wisconsin does ordain as follows: Section One: Section 16-3 of the Municipal Code “Definitions” is hereby amended to include the following: IMPROVED SPACE IN AN ACCESSORY BUILDING OR STRUCTURE — Any area, on any floor, other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures. Section Two: Section 16-8A of the Municipal Code is hereby amended to include the following: A. In District 1, except as in this chapter otherwise provided, no building or premises shall be used and no building or structure shall be erected, altered, or maintained which is arranged, intended or designed to be used except for one or more of the following uses: (1) Single-family dwellings. Not more than one dwelling shall be located on any lot. (2) Accessory. (a) Uses and buildings accessory to those enumerated above in this subsection, including private garages designed for not more than one motor vehicle for each 2,400 square feet of top land area, but not including any store, trade, professional office, business or industry. However, not exceeding one person may, in a dwelling used as his residence: [1] Furnish room or table board to no more than two persons. [2] Carry on a customary home occupation, provided no persons other than members of his own household are employed therein. (Cannot stock materials and cannot create parking problems.) [3] Noncommercial greenhouses, nurseries and gardens. (b) Improved space in accessory buildings or structures. Improved space is not allowed in an accessory building or structure except as expressly permitted in Subsection [1] and [2] below. The purpose of this Subsection (b) is to permit limited finished space in a private garage while ensuring that such space does not constitute or become a dwelling unit. [1] Ground floor. Improved space is allowed on the ground floor of a private garage, provided at least 220 square feet of garage space is maintained for vehicle parking. [2] Second floor. Improved space is allowed on the second floor of a private garage, provided that: (i) The garage conforms to the coverage limits of the zoning district in which the lot is located and to the height limitation of §16-8C(1); (ii) The improved space does not extend beyond the footprint of the garage below; (iii) The ground floor of the garage is maintained for vehicle parking; and (iv) Access to the second floor is provided by a stairway. No exterior stairway serving second-floor improved space shall be located on a wall of the garage that faces a street. [3] Requirements applicable to all improved space. Improved space permitted under Subsections [1] and [2] above shall satisfy each of the following: (i) The improved space contains no cooking facilities and no plumbing fixtures; and (ii) The building permit application depicts no plumbing rough-in and clearly identifies the use of the space. [4] Plumbing prohibited. No accessory building or structure shall contain a plumbing fixture, plumbing rough-in, or fixture supply, waste, or vent connection, other than a floor drain or an exterior hose bibb. No sanitary sewer lateral shall be extended to serve an accessory building or structure. [5] Occupancy. In no event may an accessory building or structure be used for sleeping, occupied as a dwelling unit, or leased or offered for lease separately from the principal dwelling on the lot. (3) Garage. [Amended 3-2-2020 by Ord. No. 1862] (4) Access from the public street or alley or from a private road to each garage required in Subsection A(3) above shall be by means of an approved driveway. (5) Newly constructed driveways shall have a concrete, an asphaltic concrete or an asphaltic penetration surface, free of dust, loose stones or gravel, constructed on an adequate base. (6) Parking spaces shall have an adequate concrete, asphaltic concrete, asphaltic penetration, or a geogrid with organic ground cover surface, free of dust, loose stones or gravel, constructed on an adequate base. [Amended 8- 5-2019 by Ord. No. 1853; 8-1-2022 by Ord. No. 1892] (a) The minimum setbacks for an approved parking space shall be as follows: [1] In Districts 1, 1A, 2 and 3, three feet from side and rear property lines where no alley exists. [2] In Districts 1, 1A, 2 and 3, five feet from the adjacent alley line. [3] In Districts 1, 1A, 2 and 3, the established setback from the adjacent street property line. [4] In Districts 4, 4A, 5, 6 and 7, as required under § 16-17. (b) The maximum number of vehicles permitted to be parked on an approved parking space in Districts 1, 1A, 2 and 3 shall be two. (c) A plot plan to a minimum scale of one inch equals 20 feet, showing the location and size of the proposed parking space, the location and dimensions of all buildings and physical features on the premises and the location of buildings immediately adjacent to the parking space shall be submitted to the Building Inspector. (d) The Building Inspector may refer said plot plan to the Architectural Review Commission for approval or denial if he believes the proposal will have a depreciating effect on the property values of the neighborhood. (e) The permit fee for construction of the parking space, if approved, shall be as set from time to time by the Village Board. (7) Parking of vehicles, except on public streets, where not otherwise prohibited or restricted; on approved off-street parking facilities; in garages; on approved driveways or approved parking spaces, is prohibited. (8) Parking in the public way, except upon the public street where permitted, is prohibited. (9) Notwithstanding Subsection A(8) above, no vehicle except an automobile may be parked in the front setback area of an interior lot, nor between adjacent residences which front on the same street, nor in the side setback area which fronts on a street or a corner lot. Section Three: Section 16-8C(1) of the Municipal Code is hereby amended to include the following: C. Yard minimums; structure maximums. (1) Each dwelling shall have two side yards each at least three feet in width; in case the height of any building exceeds 25 feet, the required width of the side yards shall be increased 10% for each foot that such dwelling exceeds such height. Dwellings shall have a rear yard of at least 10 feet in depth. No building, when accessory to a dwelling, shall be over 18 feet in height. Improved space permitted under §16-8A(2)(b) shall not constitute dwelling space or quarters for purposes of this subsection. Subject to the provisions of § 16-35A, each garage attached or detached, and each accessory building, shall have a minimum side yard of three feet; a detached garage or an accessory building, except where adjacent to alley (see § 16-36), shall have a minimum rear setback of three feet; an attached garage shall have a minimum rear yard of five feet except when dwelling space or quarters are provided over said garage, in which event a minimum rear yard of 10 feet shall be provided. Section Four: Section 16-11A(4)(c) of the Municipal Code is hereby amended to include the following: (c) Improved space in accessory buildings or structures is regulated as provided in §16-8A(2)(b). Section Five: All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby and to such extent repealed. Section Six: This ordinance shall take effect following its passage and posting as required by law. PASSED AND ADOPTED by the Village Board of Trustees of the Village of Whitefish Bay this day of , 2026. VILLAGE OF WHITEFISH BAY __________________________ Kevin Buckley, Village President Jaimie Krueger, Village Clerk PLAN COMMISSION MEETING – ST AFF REPORT REPORT TO: Kevin Buckley – Chairperson Members of the Plan Commission Kelsey McElroy-Anderson – Village Manager REPORT FROM: Anna Christopherson – Assistant Village Manager Joel Oestrich – Director of Building Services MEETING DATE: September 30, 2026 AGENDA ITEM: Discussion/action on Ordinance No.1931 to amend Municipal Code § 16-21C(1)(a), § 16-21C(1)(b), § 16-21C(2), § 16-21C(3), § 16-21C(5) and 16-21E(4)(b)[2] pertaining to permitted, conditional, and prohibited uses and other standards in District 11 (Silver Spring Drive Business District) ACTION REQUESTED: __ Ordinance ___ Resolution ___ Motion ___Direction to Staff BACKGROUND In 2024, the Village Board adopted the 2024–2027 Strategic Plan, which identifies evaluation of the permitted, conditional, and prohibited uses in District 11, the Silver Spring Business District, as a strategic outcome. The review is intended to ensure that the District 11 zoning framework supports the Village’s vision for an active, attractive, and destination-oriented commercial district. Strategic Plan Focus Group participants expressed interest in additional restaurants, more first-floor retail uses rather than professional-service offices, and businesses that attract visitors from outside the community. Participants also identified interest in a boutique hotel. Village Board members also identified drive-through facilities and building-height standards as areas for further consideration. At the June 15 Village Board meeting, staff provided a high-level overview of the existing District 11 use framework, including hotels; restaurants and dining establishments; first-floor retail; drive-through facilities; and building height. The Village Board requested feedback from the Community Development Authority and Plan Commission before the matter returned to the Village Board for consideration of amendments to the District 11 zoning regulations. The Community Development Authority reviewed potential District 11 amendments at its July 14 and August 18 meetings. The Plan Commission considered the District 11 review at its July 21 meeting. Across these discussions, the CDA and Plan Commission considered how District 11 regulations could better promote an active, pedestrian-oriented commercial environment; strengthen first-floor retail opportunities; accommodate appropriate redevelopment and reinvestment; and maintain development standards consistent with the intended character of the Silver Spring Business District. The feedback received through these discussions has informed the amendments now proposed for Village Board consideration. SUMMARY OF PROPOSED AMENDMENTS The proposed amendments to the District 11 regulations would: • Add bookstores as a permitted use. • Permit interior-design uses on the first floor only when retail sales are part of the operation; otherwise, allow interior-design uses only on the second floor. • Clarify that conditional uses not expressly listed in the District 11 regulations are prohibited. • Revise three-story or 42 feet buildings to be stepback a minimum of 5 feet in the front and rear. • Limit future financial institution uses while allowing existing to be improved, reconstructed, or rebuilt. The amendment would also establish a 12-month re- establishment period for an existing financial institution use. RECOMMENDED ACTION BY THE VILLAGE BOARD Staff recommends the Plan Commission recommend to the Village Board approval of Ordinance No.1931 to amend Municipal Code § 16-21C(1)(a), § 16-21C(1)(b), § 16-21C(2), § 16-21C(3), § 16-21C(5) and 16-21E(4)(b)[2] pertaining to permitted, conditional, and prohibited uses and other standards in District 11 (Silver Spring Drive Business District). 16-21C (1) Permitted uses. The following uses are permitted on any floor of a building in District 11: (a) Retail uses. [1] Art galleries. [2] Art supply. [3] Clothing stores. [4] Florists. [5] Gift stores. [6] Home furnishings stores. [7] Jewelry stores. [8] Luggage and leather goods stores. [9] Paint and wallpaper stores. [10] Shoe stores. [11] Specialty retail. [12] Sporting goods and hobby stores. [13] Stationery stores. [14] Bookstore. (b) Service-oriented uses. [1] Camera computer and wireless service stores. [2] Footwear and leather goods repair. [3] Interior design services which retail sales are part of operation. [4] Photography studios and services. [5] Travel arrangement and reservation services. (2) Permitted uses in second-floor spaces and above. The following uses are permitted in second-floor spaces and above along Silver Spring Drive in District 11: (a) Professional office uses. These uses can include, but are not limited to, lawyers, accountants, real estate agents and brokers, medical practitioners, and dentists. For the purposes of this subsection, an "office" is defined as a room or series of rooms in which the affairs of a profession are carried out, or in which the administrative or financial affairs of a business (without any retail or direct sales activity) of a business are carried out. (b) Residential: apartment style or town homes. (c) Interior design services which retail sales are not part of operation. (3) Conditional uses. The following uses require a conditional use permit on any floor of a building in District 11 pursuant to § 16-21D: (a) Arts, entertainment, and recreational uses. (b) Bakeries and food production facilities that engage in retail sales and/or commercial operations. (c) Barber shops. (d) Bars. (e) Beauty salons. (f) Brewpubs. (g) Cafes. (h) Coffee shops. (i) Financial institutions approved prior to [date]. [1] Standards: [a] Standalone establishments. Standalone financial institutions approved prior to [date] are permitted and may be re-established on the same property as a standalone establishment or a mixed-use establishment with another conforming land use. [b] Mixed-use establishments. Financial institutions operating on the same property as another conforming land use and approved prior to [date] are permitted and may be re-established on the same property only as a mixed- use establishment with another conforming land use. [c] Re-establishment period. Any financial institution that has been vacant or not in operation for [12] continuous months and has not diligently pursued a zoning permit to redevelop the property or otherwise re-establish the bank/financial institution shall no longer be considered permitted. [d] Limit on total permitted financial institutions. The total number of permitted financial institutions in District 11 shall not at any time exceed [number]. No new permits shall be issued that cause or increase any noncompliance with this requirement. New permit applications will be addressed in the order received. (j) Fitness and recreational sports centers. (k) Performing arts companies including public performance spaces. (l) Pet grooming establishments [Added 2-19-2024 by Ord. No. 19081] (m) Restaurants. (n) Specialty food stores. (o) Supermarkets and full service grocery stores. (p) Taverns. (q) Wine bars. (r) Any commercial, retail, or dining establishment that sells or serves alcohol. (s) Motor vehicle sales or service. (t) All other uses not defined within Subsection C(1), Permitted uses, Subsection C(2), Permitted uses in second- floor spaces and above, Subsection C(4), Conditional uses in first -floor spaces, and Subsection C(5), Prohibited uses, of this § 16-21. 5) Prohibited uses. Uses not expressly identified in this section as permitted uses or conditional uses are prohibited on any floor in District 11. The following uses are prohibited on any floor of a building in District 11: (a) Adult-oriented business including but not limited to adult bookstores, movie theatres, video arcades, paraphernalia dealers, and Internet providers. (b) Boardinghouses or other places of accommodation that charge on more than a nightly basis and do not provide an individual self-contained unit including a full bath with each sleeping room. (c) Unattended coin-operated facilities of any kind. (d) Convenience stores. (e) Drive-through establishments which derive more than 1/2 of sales from drive-through operations. (f) Gas station and auto or other equipment service businesses. (g) Outdoor freestanding automated teller machines, vending machines or unattended dispensing machines of any kind that dispense cash, prepaid telephone cards or goods. (h) Pawn shops. (i) Sale of firearms, fireworks, or weapons of any kind. (j) Short-term loan facilities that provide loans in exchange for collateral (other than collateral real estate or vehicles and equipment owned by and used in a business). (k) Tattoo and piercing parlors. (l) Establishments that charge a fee for cashing checks or exchanging currency or financial instruments (other than the exchange of foreign for domestic currencies, or the sale of travelers checks, or the assessment of fees and service charges by chartered ban ks, savings and loans and credit unions). (m) The maintenance of vehicles, equipment, or other forms of personal property as collateral executed upon in satisfaction of any type of loan. (n) All uses prohibited in the entire Village pursuant to the Zoning Code. 16-21E(4)(b) [2] Building height, including parapets and roof surfaces, but not including roofscape features, mechanical equipment, elevator shafts, chimneys, vents and stacks, rainwater-harvesting structures, limited recreation or building amenities, and the like, shall not exceed 54 feet, and shall be no greater than four (4) stories. Buildings above three stories or 42 feet in height approved after [date] shall provide a stepback for the top story. A minimum of a five (5) feet stepback must be provided on the primary-street façade and rear façade. When the side of a building is adjacent, in whole or in part, to other districts or streets or alleys that abut other districts, an outside wall over 42 feet in height, including parapets, mechanical equipment, minor roof surfaces, other minor structural elements, elevator shafts, chimneys, vents and stacks, and the like, but not including roofscape features limited recreation or building amenities, must be at least 10 feet behind the face of the outermost wall below it (averages may be used for irregular surfaces). In all cases, the height of mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like, shall be minimized, screened in an aesthetically appropriate manner, and hidden from street view and adjacent buildings of equal or greater height as much as possible. All mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like shall be fully screened from all vantage points, including the street and adjacent buildings of equal or greater height, in a manner compatible with the architectural style of the building. The screening shall not impair the functioning of the equipment. Individuals and parties undertaking construction or renovation projects may consider a more detailed roofscape plan that includes visually appealing elements that screen mechanical equipment while incorporating limited recreation or building amenities, including green roofs and rooftop gardens, patios, terraces, and decks. STATE OF WISCONSIN MILWAUKEE COUNTY VILLAGE OF WHITEFISH BAY ORDINANCE NO: 1931 AN ORDINANCE AMENDING SECTIONS 16-21C(1)(a), 16-21C(1)(b), 16-21C(2), 16-21C(3), 16- 21C(5), AND 16-21E(4)(b)[2] OF THE MUNICIPAL CODE PERTAINING TO IMPROVED SPACE IN ACCESSORY BUILDINGS AND STRUCTURES The Village Board of the Village of Whitefish Bay, Milwaukee County, Wisconsin does ordain as follows: Section One: Section 16-21C(1)(a) of the Municipal Code is hereby amended to include the following: (1) Permitted uses. The following uses are permitted on any floor of a building in District 11: (a) Retail uses. [1] Art galleries. [2] Art supply. [3] Clothing stores. [4] Florists. [5] Gift stores. [6] Home furnishings stores. [7] Jewelry stores. [8] Luggage and leather goods stores. [9] Paint and wallpaper stores. [10] Shoe stores. [11] Specialty retail. [12] Sporting goods and hobby stores. [13] Stationery stores. [14] Bookstore. Section Two: Section 16-21C(1)(b) of the Municipal Code is hereby amended to include the following: (b) Service-oriented uses. [1] Camera computer and wireless service stores. [2] Footwear and leather goods repair. [3] Interior design services which retail sales are part of operation. [4] Photography studios and services. [5] Travel arrangement and reservation services. Section Three: Section 16-21C(2) of the Municipal Code is hereby amended to include the following: Permitted uses in second-floor spaces and above. The following uses are permitted in second-floor spaces and above along Silver Spring Drive in District 11: (a) Professional office uses. These uses can include, but are not limited to, lawyers, accountants, real estate agents and brokers, medical practitioners, and dentists. For the purposes of this subsection, an "office" is defined as a room or series of rooms in which the affairs of a profession are carried out, or in which the administrative or financial affairs of a business (without any retail or direct sales activity) of a business are carried out. (b) Residential: apartment style or town homes. (c) Interior design services which retail sales are not part of operation. Section Four: Section 16-11A(4)(c) of the Municipal Code is hereby amended to include the following: (3) Conditional uses. The following uses require a conditional use permit on any floor of a building in District 11 pursuant to § 16-21D: (a) Arts, entertainment, and recreational uses. (b) Bakeries and food production facilities that engage in retail sales and/or commercial operations. (c) Barber shops. (d) Bars. (e) Beauty salons. (f) Brewpubs. (g) Cafes. (h) Coffee shops. (i) Financial institutions approved prior to [date]. [1] Standards: [a] Standalone establishments. Standalone financial institutions approved prior to [date] are permitted and may be re-established on the same property as a standalone establishment or a mixed-use establishment with another conforming land use. [b] Mixed-use establishments. Financial institutions operating on the same property as another conforming land use and approved prior to [date] are permitted and may be re-established on the same property only as a mixed- use establishment with another conforming land use. [c] Re-establishment period. Any financial institution that has been vacant or not in operation for [12] continuous months and has not diligently pursued a zoning permit to redevelop the property or otherwise re-establish the bank/financial institution shall no longer be considered permitted. [d] Limit on total permitted financial institutions. The total number of permitted financial institutions in District 11 shall not at any time exceed [number]. No new permits shall be issued that cause or increase any noncompliance with this requirement. New permit applications will be addressed in the order received. (j) Fitness and recreational sports centers. (k) Performing arts companies including public performance spaces. (l) Pet grooming establishments [Added 2-19-2024 by Ord. No. 19081] (m) Restaurants. (n) Specialty food stores. (o) Supermarkets and full service grocery stores. (p) Taverns. (q) Wine bars. (r) Any commercial, retail, or dining establishment that sells or serves alcohol. (s) Motor vehicle sales or service. Section Five: Section 16-21C(5) of the Municipal Code is hereby amended to include the following: (5) Prohibited uses. Uses not expressly identified in this section as permitted uses or conditional uses are prohibited on any floor in District 11. Section Six: Section 16-21E(4)(b)[2] of the Municipal Code is hereby amended to include the following: [2] Building height, including parapets and roof surfaces, but not including roofscape features, mechanical equipment, elevator shafts, chimneys, vents and stacks, rainwater-harvesting structures, limited recreation or building amenities, and the like, shall not exceed 54 feet, and shall be no greater than four (4) stories. Buildings above three stories or 42 feet in height approved after [date] shall provide a stepback for the top story. A minimum of a five (5) feet stepback must be provided on the primary-street façade and rear façade. In all cases, the height of mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like, shall be minimized, screened in an aesthetically appropriate manner, and hidden from street view and adjacent buildings of equal or greater height as much as possible. All mechanical equipment, elevator shafts, chimneys, vents and stacks, and the like shall be fully screened from all vantage points, including the street and adjacent buildings of equal or greater height, in a manner compatible with the architectural style of the building. The screening shall not impair the functioning of the equipment. Individuals and parties undertaking construction or renovation projects may consider a more detailed roofscape plan that includes visually appealing elements that screen mechanical equipment while incorporating limited recreation or building amenities, including green roofs and rooftop gardens, patios, terraces, and decks. Section Seven: All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby and to such extent repealed. Section Eight: This ordinance shall take effect following its passage and posting as required by law. PASSED AND ADOPTED by the Village Board of Trustees of the Village of Whitefish Bay this day of , 2026. VILLAGE OF WHITEFISH BAY __________________________ Kevin Buckley, Village President Jaimie Krueger, Village Clerk