On the agenda: Whitefish Bay meeting — Surveillance camera (Sep 30)

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 1621E(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

1. Call to Order.

July 21, 2026 – 5:00 p.m.
Village Hall Board Room

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 openconcept 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
Executive 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.
As part of the 2024 conditional use approval, the following hours of operation were
established:
Entertainment 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.
Bar and Restaurant
Wednesday through Sunday: 8:00 a.m. until guests are out of the building by midnight.
Event Space
Monday through Sunday: 8:00 a.m. until guests are out of the building by midnight.
Request
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
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 - 1

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 - 2

Exhibit C - 3

The “Bar and Restaurant” area is defined as the former grill area and entrance. See
the highlighted section below.

Exhibit C - 4

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 - 5

•
•

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 - 6

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 5565 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 - 7

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 - 8

▪
▪
▪
▪
▪

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 - 9

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 - 10

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 - 11

•

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

Exhibit C - 12

Conditional Use Application
Fox Bay Theater Building SPE LLC
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

LEGAL DESCRIPTION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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.
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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 2nd 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 nonalcoholic 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.
2nd 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)
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC

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
2nd 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
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC

-

-

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
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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.

PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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.
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC

o
o

o
o

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).
Crowd Management
o Recognizing the signs of crowd congestion, bottlenecks, or surges.
Incident Response
o Steps for handling common incidents:
o Minor injuries or medical emergencies.
o Lost children or patrons.
o Altercations between individuals.
Quick escalation procedures: When to involve supervisors, medical staff, or law
enforcement
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, 2nd floor space users, and other non-ticketed events enter from
Silver Spring Drive.
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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.
PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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.

PLAN OF OPERATION

Conditional Use Application
Fox Bay Theater Building SPE LLC
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 2nd 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 1621E(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

EXTERIOR AND INTERIOR CHANGES

Conditional Use Application
Fox Bay Theater Building SPE LLC
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]

EXTERIOR AND INTERIOR CHANGES

Conditional Use Application
Fox Bay Theater Building SPE LLC

GENERAL LAYOUT

Floor Plans
[attached]

GENERAL LAYOUT

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

2nd Floor event venue

1

EXISTING BRICK
FACADE TO
REMAIN

3

4

5

6

EXISTING EXHAUST LOUVERS TO
REMAIN BUT ARE ABANDONED AND
SEALED SHUT FROM THE INSIDE

FOUR (4) NEW PUNCHED OPENINGS,
2'-0" HIGH x 8'-0" WIDE WITH CENTER
MULLION, THREE (3) ON NORTH
FACADE, ONE ON EAST FACADE

UNDERSIDE OF
EXISTING CANOPY
ABOVE

2'-0"

6"

ELEVATOR SHAFT
BEYOND, THREE (3)
SIDED BRICK
ENCLOSURE TO MATCH
EXISTING MASONRY
FINISH COLOR

2

3'-9" +/-

7'-10" +/-

8'-0"

9'-5" +/-

275 West Wisconsin Avenue,
Suite 300
Milwaukee, WI 53203
414 / 259 1500

FACE OF EXISTING WALL
TO BE RE-FINISHED TO
MATCH LOOK OF FACADE

8'-0"

www.graef-usa.com

EXISTING FOX-BAY
BUILDING OFFICES
SIGNAGE

D

28'-10"

32'-0"

D

8'-0"

EXISTING STOREFRONT
WITH THREE (3) SETS OF
EXISTING GLASS DOUBLE
DOORS TO REMAIN

CLIENT:
NEW WALLS TO EXTEND UP TO
UNDERSIDE OF CANOPY ROOF
STRUCTURE ABOVE

NEW LAND ENTERPRISE

EXISTING
CURVED WALLS
TO REMAIN

EXISTING MARSONY BRICK
FACADE BEYOND

REAR BUILDING SIGNAGE
LOCATION, SIGN TO BE
PROVIDED BY TENANT

D1

REMOVE AND REPLACE
DOORS WITH INSULATED
ACOUSTICAL DOORS

REAR ENTRANCE ELEVATION

EXISTING DOWNLIGHT ABOVE
DOOR TO BE REPLACED WITH
WALL MOUNTED DOWN LIGHT
WITH EMERGENCY BACKUP
BATTERY

EXISTING TRASH
ENCLOSURE TO REMAIN

3'-3 3/4"

6'-0"

STOREFRONT GLASS
VESTIBULE WITH DOUBLE
DOORS (8'-0"H x 3'-0"W DOORS),
INSULATED METAL PANEL
ABOVE DOORS TO MATCH
EXISTING BUILDING COLORS

3'-3 3/4"

NOTE: EXISTING CURVED WALLS ON EAST SIDE OF ENTRANCE ARE TO BE REMOVED.

FRONT ENTRANCE UNDER THE CANOPY

D5

1/8" = 1'-0"

1/4" = 1'-0"

PROJECT TITLE:

RAMP DOWN

FOX BAY - BUILD-OUT

C

C

334 EAST SILVER SPRING DRIVE
WHITEFISH BAY, WISCONSIN 53217

ISSUE:

A-100

1 VEHICLE WIDE
OCCASIONALLY
LOADING/UNLOADING,
PULL FORWARD ONLY
LIMITING BACK UPS

ALLEY STREET

LOADING ZONE
TRASH ENCLOSURE

CCTV

CCTV

CCTV

CCTV

EXISTING DUMPSTER
ENCLOSURE LOCATION
TO REMAIN

ALLEY STREET

ROPED OFF AREA FOR
LINE QUEUE FROM
REAR ENTRANCE

NOT FOR CONSTRUCTION

REPLACE DOORS
FOR ACCESS TO THE
VENUE SPACE

D1

REAR
ENTRY

RAMP DOWN

REPLACING DOORS
WITH INSULATED
ACOUSTICAL DOORS

CCTV

NEW
ELEVATOR
SHAFT

B

CONSAUL COMMONS

T
CC
V

C:\Users\1900\Documents\[email protected]
1/27/2025 5:01:01 PM

NEW
VESTIBULE

CCTV

B

NORTH SANTA MONICA BOLUEVARD

FOX BAY BUILDING

FRONT
ENTRY UNDER
CANOPY

PROJECT INFORMATION:

RIDESHARE OPTION A

PROJECT NUMBER: 2023-0149

RIDESHARE OPTION B

D5
A-100

EAST SILVER SPRING DRIVE

EAST SILVER SPRING DRIVE

A

A

DATE:

01/07/2025

DRAWN BY:

RMG

CHECKED BY:

RRJ

APPROVED BY:

RRJ

SCALE:

AS NOTED

SHEET TITLE:
ARCHITECTURAL SITE PLAN

N

A1

N

SHEET NUMBER:

ARCHITECTURAL SITE PLAN
1/16" = 1'-0"
PLAN NORTH TRUE NORTH

1

2

3

4

5

6

A-100

1

2

3

4

5

275 West Wisconsin Avenue, Suite 300
Milwaukee, WI 53203
414 / 259 1500
414 / 259 0037 fax
37'-8"

www.graef-usa.com

CLIENT:

100' - 0"

1:12 SLOPE

MEN'S
RESTROOM
303 SF

15'-4"

14'-10 1/4"

FOOD WALK IN
COOLER
91 SF

WOMEN'S
RESTROOM
314 SF

12'-0"

28'-2"

34'-6"

12'-0"
1'-10 1/4"

50'-7 3/4"

5'-4"

MONITORS
252 SF

20'-7 1/4"

TAPROOM / BAR
1929 SF

UP

8'-8"

8'-3"

13'-0 1/2"

25'-0"

DRY BAR
63 SF

101' - 4"

GA STANDING
AREA
302 SF

EMPLOYEE
STORAGE
63 SF

8'-8"

133.87 OCC COUNT

BEER WALK IN
COOLER
71 SF

B

BAND MERCH
234 SF
4'-4 1/2"

99' - 0"

100' - 0"

UP

27'-6"

NOT FOR CONSTRUCTION

32'-11 3/4"

14'-8 1/4"

2'-0"

20'-0"

KITCHEN
601 SF

PROJECT TITLE:

8'-0"

51.86 OCC COUNT
100' - 8"

BAR
356 SF

56'-11"

99' - 8"

476 OCC COUNT

STORAGE
156 SF
26'-0"

THEATER
2383 SF

FOH
72 SF

PREMIUM
ELEVATED AREA
363 SF

34'-0 1/2"

71'-2 1/2"

30'-0"

3'-6"

101' - 10"

B

C

CONCERT HALL
ENTRANCE
114 SF

BOX OFFICE
124 SF

DOWN

13'-2 1/2"

PORTABLE
STAGE
20x30
580 SF

STORAGE /
COAT CHECK
109 SF

25'-0"

5'-7"

LOAD IN AREA
258 SF

101' - 4"

20'-7 1/4"

99' - 0"

UP

GA STANDING
AREA
306 SF

13'-11 3/4"

DRY BAR
63 SF

C

ISSUE:

TAPROOM / BAR
TBD AREA
930 SF

GI WALL

33'-10"

GAMES AREA

DN

62 OCC COUNT

PROJECT INFORMATION:
PROJECT NUMBER: 2023-0149.01
UP

PATIO DINING
415 SF

A

A

DATE:

11/13/2024

DRAWN BY:

RMG

CHECKED BY:

CWH

APPROVED BY:

CWH

SCALE:

AS NOTED

SHEET TITLE:

1/20/2025 2:23:41 PM

FIRST FLOOR OVERALL PLAN

SHEET NUMBER:

N

A1

FIRST FLOOR OVERALL PLAN

A-101

1/8" = 1'-0"

1

2

3

4

5

1

2

3

4

5

275 West Wisconsin Avenue, Suite 300
Milwaukee, WI 53203
414 / 259 1500
414 / 259 0037 fax
CLERESTORY WINDOW
LOCATIONS ABOVE
NOT SHOWN

CLERESTORY WINDOW
LOCATIONS ABOVE
NOT SHOWN

www.graef-usa.com
C

C

DN

CLIENT:
STORAGE
25'-11"

25'-4 1/2"

CLERESTORY WINDOW
LOCATIONS ABOVE
NOT SHOWN

70'-0"

CATERING
SERVERY
214 SF

45'-8"

6'-0" x 6'-0"
SKYLIGHT BOXES

9'-10 1/4"

EVENT SPACE
2923 SF

112' - 6 1/4"

5'-0"

60'-0"
5'-8 3/4"

7'-6"

30'-0 1/2"

34'-6"

118' - 1"

PROJECT TITLE:

200.5 OCC COUNT

MECHANICAL
CHASE
22 SF
118' - 1"

CORRIDOR
804 SF

8'-10 1/2"

8'-11"

4'-6 1/4"

UNISEX
99 SF

STORAGE

GREEN ROOM B
166 SF

8'-3"

B

DN

ISSUE:

UP

UNISEX
62 SF

11'-5"

8'-8"

20'-6"

8'-8 3/4"

23'-7 1/2"

8'-8"

B

GREEN ROOM A
128 SF

LIFT AREA
81 SF
18'-3 1/4"

MEN'S
RESTROOM
191 SF

27'-0"

UNISEX
53 SF

WOMEN'S
RESTROOM
191 SF

DN

NOT FOR CONSTRUCTION

15'-10 1/4"

5'-0 1/2"

BALCONY
916 SF

DN

BANQUET BAR
182 SF

18'-10"

OPEN TO BELOW

71'-2 1/2"

79'-5 3/4"

PROJECT INFORMATION:
PROJECT NUMBER: 2023-0149.01

A

A

DATE:

11/13/2024

DRAWN BY:

RMG

CHECKED BY:

CWH

APPROVED BY:

CWH

SCALE:

AS NOTED

SHEET TITLE:

1/20/2025 3:29:16 PM

SECOND FLOOR OVERALL PLAN

SHEET NUMBER:

N

A1

LEVEL 2 OVERALL PLAN

A-102

1/8" = 1'-0"

1

2

3

4

5

Entry & Exit Plan
Updated: 2.6.25

Loading Zone

Back Entry

1 vehicle wide for occasionally loading/unloading. Pull
forward only limiting back ups

BACK VIP/STAFF ENTRY

Queue Entry

KEY

Street

BAR &
RESTAURANT
GUEST FLOW

Sidewalk
Trash Area

SHOW GUEST
FLOW

SCREENING &
SECURITY
CHECKPOINT

TICKET
SCANNER

The Bay
ROPED
OFF AREA

FRONT GA ENTRY

KEY
BAR &
RESTAURANT
GUEST FLOW

SHOW GUEST
FLOW

The Bay

SCREENING &
SECURITY
CHECKPOINT

ue

Queue Start

e
Qu

TICKET
SCANNER

ROPED
OFF AREA

Queue Ends

Sidewalk

Front Entry
Sidewalk

Silver Spring Dr

Rideshare Option A

Rideshare Option B

EXIT PLAN

KEY
SECURITY
STAFF

SHOW GUEST
FLOW

The Bay

Consaul
Commons

EXIT
Sidewalk
Sidewalk

Silver Spring Dr

Rideshare Option A

Rideshare Option B

KEY

SECURITY
STAFF

EXIT OUTSIDE STAFFING

RIDESHARE OPTION

Rideshare Option A

Rideshare Option B

275 W. Wisconsin Avenue, Suite 300
Milwaukee, WI 53203
414 / 259 1500
414 / 259 0037 fax
www.graef-usa.com

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 oneblock 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
2025-0334.00

DRAFT February 4, 2025

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
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DRAFT February 4, 2025

•

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
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DRAFT February 4, 2025

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.
Table 1: Trip Generation Table, Scenario 1 – Concert with Bar and Restaurant
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 1 - Concert with Bar & Restaurant
ITE
Code

Land Use

-

Concert Venue

-

Event Space

932

Bar and
Restaurant

Metric

PM Event Peak

Daily Trips
Saturday

Weekday

SAT Event Peak

In

Out

Total

In

Out

-

-

-

-

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

High-Turnover (Sit-Down) Restaurant

Trip Rates/Eq & Dir Dist

3,600 Square Feet

Number of Trips

-

Subtotal New Trips

Total

-

0

0

0

0

0

0

0

0

107.20

122.40

61%

39%

9.05

51%

49%

11.19

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

Total New Trips

735

750

280

60

340

280

60

340

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.
Table 2: Trip Generation Table, Scenario 2 - Max Capacity
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 2 - Max Capacity
ITE
Code

Land Use

-

Concert Venue

-

Event Space

932

Bar and
Restaurant

Metric

-

-

750-Person max capacity across Concert Venue & Event Space

-

Number of Trips

750-Person max capacity across Concert Venue & Event Space

High-Turnover (Sit-Down) Restaurant

Trip Rates/Eq & Dir Dist

3,600 Square Feet

Number of Trips

Subtotal New Trips

Daily Trips
Saturday

Weekday

PM Event Peak

SAT Event Peak

In

Out

Total

In

Out

Total

-

-

83%

17%

-

83%

17%

-

1000

1000

415

85

500

415

85

500

49%

11.19

107.20

122.40

61%

39%

9.05

51%

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

Total New Trips

1,075

1,090

420

90

510

420

90

510

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.

New Land Enterprises
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DRAFT February 4, 2025

Table 3: Trip Generation Table, Scenario 3 – Bar and Restaurant Only
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Trip Generation - ITE Trip Generation Manual 11th Edition, Scenario 3 - Bar and Restaurant Only
ITE
Code
-

Land Use
Concert Venue

-

Event Space

932

Bar and
Restaurant

Metric

Daily Trips
Saturday

Weekday

PM Peak

SAT Peak

-

-

-

-

In
83%

Out
17%

Total

-

In
83%

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

Total New Trips

Out
17%

Total

385

440

20

15

35

20

20

40

385

440

20

15

35

20

20

40

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
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DRAFT February 4, 2025

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.

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DRAFT February 4, 2025

Table 5: One-Block Perimeter Parking Supply and Restrictions
Location
Silver Spring Dr –
Shoreland Ave to Santa Monica Blvd
Silver Spring Dr –
Santa Monica Blvd to Berkeley Blvd
Silver Spring Dr –
Berkeley Blvd to Diversey Blvd
Santa Monica Blvd –
Silver Spring Dr to north alley
Santa Monica Blvd –
north alley to Beaumont Ave
Berkeley Blvd –
south alley to Silver Spring Dr
Diversey Blvd –
south alley to Silver Spring Dr
Consaul Pl –
Silver Spring Dr to north alley
Consaul Pl –
North alley to Beaumont Ave
Beaumont Ave –
Santa Monica Blvd to Consaul Pl

Side
North
South
North
South

Restriction
10-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
ADA, 2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
5-Min, 9am-5pm Monday – Friday, 12-4pm Sunday

Supply
6
6
10
7
5
1
5
1

East

2-Hr Metered, 8am-6pm Monday - Saturday

4

East

2-Hr Metered, 8am-6pm Monday - Saturday

4

West

West
East

2-Hr Metered, 8am-6pm Monday - Saturday
ADA, 2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday

4
1
3
4
4

West

2-Hr Metered, 8am-6pm Monday - Saturday

3

West

-

3

North

-

14

10-Hr, permit only before 4pm
ADA, 10-Hr, permit only before 4pm
EV, 10-Hr, permit only before 4pm
ADA EV, 10-Hr, permit only before 4pm
2-Hr, 8am-6pm Monday - Saturday
ADA, 2-Hr, 8am-6pm Monday - Saturday
Senior Citizen, 2-Hr, 8am-6pm Monday - Saturday
2-Hr, 8am-6pm Monday - Saturday
ADA, 2-Hr, 8am-6pm Monday - Saturday
Northwestern Mutual Guest, 2-Hr, 8am-6pm
Monday - Saturday

60
2
3
1
63
2
1
19
1

North
South

East

Beaumont Parking Structure West

-

Beaumont Parking Structure East

-

312 E Silver Spring Dr Lot

-

Total

2
239

*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,
New Land Enterprises
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DRAFT February 4, 2025

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
Silver Spring Dr –
Lydell Ave to Bay Ridge Ave
Bay Ridge Ave –
South alley to Silver Spring Dr

Side
North
South
West
East

Restriction
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
10-Min, 11am-8pm

Supply
3
7
1
2
1

Bay Ridge Ave –
Silver Spring Dr to 150-FT North
Silver Spring Dr –
Bay Ridge Ave to Kent Ave
Kent Ave –
South alley to Silver Spring Dr
Silver Spring Dr –
Kent Ave to Shoreland Ave
Shoreland Ave –
South alley to Silver Spring Dr
Silver Spring Dr –
Diversey Blvd to Hollywood Ave
Hollywood Ave –
South alley to Silver Spring Dr

West

2-Hr Metered, 8am-6pm Monday - Saturday

2

North
South
West
East
North
South
West
East
North
South
West
East

Marlborough Municipal Lot

-

Marlborough Dr –
Glen Ave to Silver Spring Dr
Glen Ave –
Marlborough Dr to Danbury Rd
Danbury Rd –
Glen Ave to Silver Spring Dr

West
East

10-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
10-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr, 8am-6pm Monday - Saturday
ADA, 2-Hr, 8am-6pm Monday - Saturday
-

6
10
4
4
5
6
4
4
5
8
4
4
78
4
6
4

North

-

8

West

-

9

2-Hr Metered, 8am-6pm Monday - Saturday
2-Hr Metered, 8am-6pm Monday – Saturday
2-Hr, 8am-6pm Monday – Saturday

2
4
2
4
4

Lake Dr –
Silver Spring Dr to Beamont Ave
Beaumont Ave –
New Land Enterprises
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West
East
North

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DRAFT February 4, 2025

Consaul Pl to Lake Dr

East

ADA
2-Hr, 8am-6pm Monday – Saturday
15-Min, 7:45am-3:30pm School Days
2-Hr, 8am-3pm Monday – Friday
2-Hr, 8am-1pm Monday – Saturday
No Parking Mondays, 7am-5pm
2-Hr, 8am-1pm Monday – Saturday
ADA
-

1
6
5
2
12
13
10
3
8
6
2
10

South

No Parking School Days, 7:30am-4:30pm

9

South

No Parking School Days, 7:30am-4:30pm

11

South

No Parking School Days, 7:30am-4:30pm

9

North
South
North
South

1-Hr, 8am-3pm School Days
1-Hr, 8am-3pm School Days
1-Hr, 8am-3pm School Days
1-Hr, 8am-3pm School Days

13
14
11
10

South
Santa Monica Blvd –
Beaumont Ave to Lake View Dr
Consaul Pl –
Beaumont Ave to Lake View Dr
Lake Dr –
Beaumont Ave to Lake View Dr
Lake View Ave –
Bay Ridge Dr to Kent Ave
Lake View Ave –
Kent Ave to Shoreland Ave
Lake View Ave –
Shoreland Ave to Santa Monica Blvd
Lake View Ave –
Santa Monica Blvd to Consaul Pl
Lake View Ave –
Consaul Pl to Lake Dr

West
East
West
East
West

Total

360
*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 OneBlock Perimeter will be available for event attendees.

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DRAFT February 4, 2025

Figure 1: Parking Occupancy by Time of Day

Figure 2: Spaces Available by Time of Day

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DRAFT February 4, 2025

Table 7: One-Block Perimeter Parking Occupancy Summary
Date

5:00 PM
Number Percent

Thurs
1/23
Tues
1/28
Sat
1/25
Sat
2/1

Spaces Available (239 Total Supply)
6:00 PM
7:00 PM
Number Percent Number Percent

8:00 PM
Number Percent

110

46%

139

58%

177

74%

186

78%

92

39%

128

54%

170

71%

194

81%

160

67%

163

68%

181

76%

189

79%

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
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation,
Scenario 1 - Concert with Bar and Restaurant
Concert Venue
ITE
Code
-

Land Use & Location
Concert Venue
500 Person Capacity

Metric
-

Parking Demand

New Land Enterprises
2025-0334.00

Trip Generation
Parking Demand

Trip Generation

-

Number of Spaces

220

220

-11-

DRAFT February 4, 2025

Table 9: Parking Demand – Scenario 2
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation,
Scenario 2 - Max Capacity
Max Capacity Across All Event Space
ITE
Code
-

Land Use & Location
Concert Venue & Event Space
750 Person Max Capacity

Metric
-

Trip Generation
Parking Demand

Trip Generation

-

Number of Spaces

330

Parking Demand

330

Table 10: Parking Demand – Scenario 3
Fox Bay Theater Redevelopment - Whitefish Bay, WI: Parking Generation,
Scenario 3 - Bar and Restaurant Only
Bar and Restaurant
ITE
Code
932

Land Use & Location
High-Turnover (Sit-Down) Restaurant
3,600 Square Feet

Metric
Dense Multi-Use Parking Rates/Eq
Urban
Number of Spaces

Parking Demand

Calculated Parking
Demand
6.03

22

22

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 OneNew Land Enterprises
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DRAFT February 4, 2025

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.
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DRAFT February 4, 2025

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 rightsof-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 988person 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, shareduse agreements with owners of large private off-site parking areas may be beneficial as

New Land Enterprises
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DRAFT February 4, 2025

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
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DRAFT February 4, 2025

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
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DRAFT February 4, 2025

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

New Land Enterprises
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DRAFT February 4, 2025

1 in = 800 ft

Feet

W

M

ar

ne

Source: ESRI

A

ve

WHITEFISH BAY REDEVELOPMENT TRAFFIC STUDY

PROJECT LOCATION

VILLAGE OF WHITEFISH BAY
MILWAUKEE COUNTY, WISCONSIN

N Idlewild Ave

N Hollywood Ave

N Divers ey Blvd

E Lexington Blvd

E Henry Clay St

E Fairmount Ave

N Kimbark Pl

N Berkeley Blvd

N Shore land Ave

N Kent Ave

N Bay Ridge Ave

N Lyde ll Ave

Dr

800

gh

400

rou

Ave

Ri
ve
rF
or

Bayshore Town
Center

bo

o

es
tD
r

Po
rt

W
as

hin
gt o
nR

d

N Jean

Nic o le t

N Berke ley Blvd

N Lake Dr

N San Monic a Blvd

N Shore land Ave

N Kent Ave

N Bay Ridge Ave

N Lydell Ave

N

E Devon St

arl

Proj. Number: 2024-0334

NM

0

N Port Washin gton Rd

Blvd

N Port Was h in gton Rd

at a Dr

Path: X:\ML\2025\20250334\Design\GIS\Silver Spring - Project Location\Silver Spring - Project Location.aprx Layout: Project Location - Aerial

43

Dr

Date Saved: 1/8/2025 10:05 AM

ilwaukee River

ke

x i n g ton

N Na va jo Ave

incoln Park
Golf Course

User: 2229

e A ve

N La

N

Project Location

Klode Park

E Belle Ave

E Day Ave

Project Location
334 E Silver Spring Dr
E Beau mont Ave

E Silve r Spring D r

E Glen Ave

E Birch Ave

Whitefish B

EXHIBIT 1

NORTH
NOT TO SCALE

CONCERT
VENUE

RESTAURANT
AND BAR

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

EVENT SPACE

ADJACENT OFFICES NOT IMPACTED BY REDEVELOPMENT

EXHIBIT 3
CONCEPTUAL SITE PLAN - FLOOR TWO
334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY
TRIP GENERATION & PARKING ANALYSIS
WHITEFISH BAY, WISCONSIN

LEGEND

NORTH
NOT TO SCALE

SUMMARY

2-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY

85 SPACES

ON-STREET PARKING SUPPLY

2-HR PARKING, 8AM-6PM MONDAY - SATURDAY

154 SPACES

OFF-STREET (LOT) PARKING SUPPLY

10-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY

239 SPACES

TOTAL
63 General Parking
2 Accessible
1 Senior Citizen
66 Total

10-HR PARKING, 8AM-6PM MONDAY - SATURDAY
60 General Parking
2 Accessible
3 EV Charging
1 Accessible EV Charging
66 Total

UNRESTRICTED PARKING
NOTE: HOURLY AND METERED PARKING RESTRICTIONS END AT 6PM,
MONDAY - SATURDAY.

Beaumont Ave

14

4

1

l
lP
au
2
ns
Co

66 Spots

66 Spots

Development
Area

North Alley

3
5-MIN Parking
M-F 9am-8pm, Su 12-4pm

Accessible Spot

6
6

5
5

10

Berkeley
Blvd

Santa Monica
Blvd

Shoreland Ave

4
4

3
4
11 2

4

Silver Spring Dr

1
1

Accessible Spot

South Alley

Diversey
Blvd

19 General Parking
1 Accessible
2 Northwestern Mutual Guest
22 Total

4

22 Spots

EXHIBIT 4
ONE-BLOCK PERIMETER PARKING SUPPLY SUMMARY
334 E SILVER SPRING REDEVELOPMENT TRAFFIC STUDY
TRIP GENERATION & PARKING ANALYSIS
WHITEFISH BAY, WISCONSIN

LEGEND

NORTH
NOT TO SCALE

SUMMARY

2-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY

278 SPACES

ON-STREET PARKING SUPPLY

2-HR PARKING, 8AM-6PM MONDAY - SATURDAY

82 SPACES

OFF-STREET (LOT) PARKING SUPPLY

10-HR METERED PARKING, 8AM-6PM MONDAY - SATURDAY

360 SPACES

TOTAL

1-HR PARKING, 8AM-3PM SCHOOL DAYS
UNRESTRICTED PARKING
NOTE: HOURLY AND METERED PARKING RESTRICTIONS END AT 6PM,
MONDAY - SATURDAY.

Santa
Monica
Blvd

Kent Ave

9

11

Dr

Lake View Ave

ke
La

Shoreland
Ave

Secondary Perimeter Parking Supply Boundary

13
5

9

11
10

9

12
13

4
One-Block Perimeter Parking Supply

1

5

6

5

Beaumont Ave

2

4

4

2

North Alley

2

Bay Ridge Ave

Accessible Spot

2 1

Lydell Ave

5
5

No Parking
7am-5pm
Mondays

4

15-MIN Parking
7:45am-3:30pm
School Days

l
lP
au
ns 3 3
Co

5
6

No Parking School Days
7:30am-4:30pm

Lake View Ave

Development
Area

82
Spots

9
8

Danbury Rd

Hollywood
Ave

Diversey
Blvd

Berkeley
Blvd

Santa
Monica
Blvd

Shoreland
Ave

10-MIN Parking
11am-8pm

6
4

Marlborough
Municipal Lot

Lake Dr
Marlborough Dr

4
4

8
4
4

4
4

3
South Alley

Kent Ave

2
1
2 1

5

5
3

Dr

7

Silver Spring Dr

Silver Spring Dr

6
10

ke

La

3

Glen Ave
78 General Parking
4 Accessible
82 Total

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/tripand-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

T = Trips Ends

2000

1000

0

0

10

20

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: Not Given

Average Rate

R²= ***

General Urban/Suburban and Rural (Land Uses 800–999)

673

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

T = Trips Ends

200

100

0

0

10

20

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: Not Given

Average Rate

R²= ***

General Urban/Suburban and Rural (Land Uses 800–999)

675

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
1000

T = Trips Ends

800

600

400

200

0

0

2

4

6

8

10

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: Not Given

Average Rate

R²= ***

General Urban/Suburban and Rural (Land Uses 800–999)

681

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
300

T = Trips Ends

200

100

0

0

10

20

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: Not Given

682

Trip Generation Manual 11th Edition • Volume 5

Average Rate

R²= ***

Appendix B
One-Block Perimeter Parking Occupancy Data Sheets

New Land 334 E Silver Spring Development Parking Occupancy
Date: Thursday, January 23, 2025
Weekday

Location

Side/ Designation

Silver Spring Shoreland to Santa
Monica

North
10-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Silver Spring Santa Monica to
Berkeley

North
2-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Berkeley S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East ADA
East
2-Hr Metered
(8am-6pm)

Total

Silver Spring Berkeley to Diversey

North
2-Hr Metered
(8am-6pm)
North ADA
South
2-Hr Metered
(8am-6pm)
South
5-min
(9am-5pm M-F)

Total

Diversey S Alley to Silver Spring

Total

West
2-Hr Metered
(8am-6pm)
East
2-Hr Metered
(8am-6pm)

3-4pm
4-5pm
5-6pm
6-7pm
7-8pm
8-9pm
Parking
Supply Occupied Occupied Occupied Occupied Occupied Occupied
6

1

0

0

1

0

0

6

5

4

3

1

0

0

12

6

4

3

2

0

0

10

6

5

6

8

5

6

7

2

5

6

6

4

3

17

8

10

12

14

9

9

4

4

3

1

4

1

0

1

0

0

1

1

0

0

3

1

0

3

3

2

1

8

5

3

5

8

3

1

5

4

4

5

4

4

4

1

0

0

0

1

0

0

5

5

5

5

6

1

2

1

0

0

0

1

1

0

12

9

9

10

12

6

6

4

2

3

4

4

2

1

4

1

1

2

4

4

4

8

3

4

6

8

6

5

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)

Total

Consaul N Alley to Beaumont

West
OPEN

Total

Beaumont Parking
Structure East

2-Hr Parking
(8am-6pm)
ADA
Senior Citizen

Total

Beaumont Parking
Structure West

10-Hr Parking
(Permit only b4
4pm)
ADA
EV
ADA EV

Total

Beaumont Santa Monica to
Consaul

North
OPEN

Total

Santa Monica N Alley to Beaumont

East
2-Hr Metered
(8am-6pm)

Total

Santa Monica Silver Spring to N Alley

East
2-Hr Metered
(8am-6pm)

Total

2-Hr Parking (8am6pm)
Lot Behind 312 E Silver
Spring
ADA
NML Guest
Total

3

0

1

2

3

1

1

3

0

1

2

3

1

1

3

0

0

0

0

0

0

3

0

0

0

0

0

0

63

32

29

40

16

15

16

2
1

1
0

0
0

0
0

0
0

0
1

0
0

66

33

29

40

16

16

16

60

53

50

35

20

12

10

2
3

0
0

1
0

0
0

0
0

0
0

0
0

1

0

0

0

0

0

0

66

53

51

35

20

12

10

14

11

6

3

5

3

1

14

11

6

3

5

3

1

4

1

0

0

0

0

0

4

1

0

0

0

0

0

4

2

2

1

2

0

0

4

2

2

1

2

0

0

19

15

17

11

8

5

4

1
2

1
2

1
2

1
0

1
1

1
0

0
0

22

18

20

12

10

6

4

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

Location

Side/ Designation

Silver Spring Shoreland to Santa
Monica

North
10-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Silver Spring Santa Monica to
Berkeley

North
2-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Berkeley S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East ADA
East
2-Hr Metered
(8am-6pm)

Total

Silver Spring Berkeley to Diversey

North
2-Hr Metered
(8am-6pm)
North ADA
South
2-Hr Metered
(8am-6pm)
South
5-min
(9am-5pm M-F)

Total

Diversey S Alley to Silver Spring

Total

West
2-Hr Metered
(8am-6pm)
East
2-Hr Metered
(8am-6pm)

3-4pm
4-5pm
5-6pm
6-7pm
7-8pm
8-9pm
Parking
Supply Occupied Occupied Occupied Occupied Occupied Occupied
6

4

2

2

1

0

0

6

3

3

2

2

1

1

12

7

5

4

3

1

1

10

7

8

9

5

3

4

7

3

6

5

4

2

1

17

10

14

14

9

5

5

4

2

4

4

3

3

1

1

0

0

0

0

0

0

3

2

2

3

4

0

0

8

4

6

7

7

3

1

5

3

5

5

3

3

2

1

1

0

1

0

0

0

5

2

4

3

5

4

4

1

0

1

1

1

0

0

12

6

10

10

9

7

6

4

3

3

4

4

3

0

4

1

2

3

4

2

2

8

4

5

7

8

5

2

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)

Total

Consaul N Alley to Beaumont

West
OPEN

Total

Beaumont Parking
Structure East

2-Hr Parking
(8am-6pm)
ADA
Senior Citizen

Total

Beaumont Parking
Structure West

10-Hr Parking
(Permit only b4
4pm)
ADA
EV
ADA EV

Total

Beaumont Santa Monica to
Consaul

North
OPEN

Total

Santa Monica N Alley to Beaumont

East
2-Hr Metered
(8am-6pm)

Total

Santa Monica Silver Spring to N Alley

East
2-Hr Metered
(8am-6pm)

Total

2-Hr Parking (8am6pm)
Lot Behind 312 E Silver
Spring
ADA
NML Guest
Total

3

1

0

2

2

1

0

3

1

0

2

2

1

0

3

1

1

1

0

0

0

3

1

1

1

0

0

0

63

27

30

40

26

16

12

2
1

0
0

1
1

1
1

1
0

1
0

0
0

66

27

32

42

27

17

12

60

50

49

38

26

16

10

2
3

0
0

0
0

0
0

1
0

1
0

0
0

1

0

0

0

0

0

0

66

50

49

38

27

17

10

14

9

9

9

8

6

4

14

9

9

9

8

6

4

4

0

0

0

0

0

0

4

0

0

0

0

0

0

4

1

0

0

1

0

0

4

1

0

0

1

0

0

19

15

16

12

9

7

4

1
2

0
2

0
1

0
1

0
1

0
0

0
0

22

17

17

13

10

7

4

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

Location

Side/ Designation

Silver Spring Shoreland to Santa
Monica

North
10-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Silver Spring Santa Monica to
Berkeley

North
2-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Berkeley S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East ADA
East
2-Hr Metered
(8am-6pm)

Total

Silver Spring Berkeley to Diversey

North
2-Hr Metered
(8am-6pm)
North ADA
South
2-Hr Metered
(8am-6pm)
South
5-min
(9am-5pm M-F)

Total

Diversey S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East
2-Hr Metered
(8am-6pm)

Total

Consaul Silver Spring to N Alley
Total

West
2-Hr Metered
(8am-6pm)

12-1pm
1-2pm
2-3pm
3-4pm
4-5pm
5-6pm
6-7pm
7-8pm
8-9pm
Parking
Supply Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied
6

4

1

0

0

0

4

3

0

0

6

3

2

1

0

1

2

2

0

0

12

7

3

1

0

1

6

5

0

0

10

9

10

7

4

8

3

5

4

3

7

5

7

6

5

2

5

1

4

4

17

14

17

13

9

10

8

6

8

7

4

2

3

3

2

3

4

4

2

1

1

0

0

0

0

0

0

1

0

0

3

1

2

2

2

0

0

0

0

0

8

3

5

5

4

3

4

5

2

1

5

2

5

5

5

1

1

4

3

1

1

1

0

1

1

0

0

0

0

0

5

3

5

5

3

1

4

5

4

2

1

0

1

1

0

0

1

1

1

0

12

6

11

12

9

2

6

10

8

3

4

4

2

4

4

2

2

4

4

3

4

2

1

4

3

2

4

4

3

1

8

6

3

8

7

4

6

8

7

4

3

1

1

2

0

0

0

1

1

1

3

1

1

2

0

0

0

1

1

1

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

Total

Beaumont Parking
Structure East

2-Hr Parking
(8am-6pm)
ADA
Senior Citizen

Total

Beaumont Parking
Structure West

10-Hr Parking
(Permit only b4
4pm)
ADA
EV
ADA EV

Total

Beaumont Santa Monica to
Consaul

North
OPEN

Total

Santa Monica N Alley to Beaumont

East
2-Hr Metered
(8am-6pm)

Total

Santa Monica Silver Spring to N Alley

East
2-Hr Metered
(8am-6pm)

Total

2-Hr Parking (8am6pm)
Lot Behind 312 E Silver
Spring
ADA
NML Guest
Total

3

2

2

2

2

0

0

0

0

0

3

2

2

2

2

0

0

0

0

0

63

23

25

26

18

13

12

13

13

13

2
1

0
0

0
0

0
0

0
0

0
1

0
1

0
1

0
1

1
1

66

23

25

26

18

14

13

14

14

15

60

22

23

20

18

12

14

17

12

11

2
3

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

1

0

0

0

0

0

0

0

0

0

66

22

23

20

18

12

14

17

12

11

14

9

7

5

4

4

2

3

1

2

14

9

7

5

4

4

2

3

1

2

4

2

0

0

0

1

1

0

0

0

4

2

0

0

0

1

1

0

0

0

4

1

1

2

2

1

1

1

0

0

4

1

1

2

2

1

1

1

0

0

19

13

10

10

9

13

16

6

5

5

1
2

0
2

1
2

1
1

1
2

1
0

1
1

0
0

0
0

0
1

22

15

13

12

12

14

18

6

5

6

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Page 2

New Land 334 E Silver Spring Development Parking Occupancy
Date: Saturday, February 1, 2025
Weekend

Location

Side/ Designation

Silver Spring Shoreland to Santa
Monica

North
10-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Silver Spring Santa Monica to
Berkeley

North
2-Hr Metered
(8am-6pm)
South
2-Hr Metered
(8am-6pm)

Total

Berkeley S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East ADA
East
2-Hr Metered
(8am-6pm)

Total

Silver Spring Berkeley to Diversey

North
2-Hr Metered
(8am-6pm)
North ADA
South
2-Hr Metered
(8am-6pm)
South
5-min
(9am-5pm M-F)

Total

Diversey S Alley to Silver Spring

West
2-Hr Metered
(8am-6pm)
East
2-Hr Metered
(8am-6pm)

Total

Consaul Silver Spring to N Alley
Total

West
2-Hr Metered
(8am-6pm)

12-1pm
1-2pm
2-3pm
3-4pm
4-5pm
5-6pm
6-7pm
7-8pm
8-9pm
Parking
Supply Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied Occupied
6

0

0

0

0

0

5

1

0

0

6

0

0

0

2

1

1

0

0

0

12

0

0

0

2

1

6

1

0

0

10

9

7

10

10

7

8

9

6

2

7

7

5

7

4

4

7

4

5

3

17

16

12

17

14

11

15

13

11

5

4

2

1

1

1

1

2

2

1

1

1

0

0

0

0

0

0

0

0

0

3

1

2

2

0

0

0

0

0

0

8

3

3

3

1

1

2

2

1

1

5

4

3

5

4

3

3

5

5

5

1

0

0

0

0

0

0

0

0

0

5

3

3

4

4

2

0

5

2

4

1

1

0

1

0

0

0

1

1

1

12

8

6

10

8

5

3

11

8

10

4

3

4

2

2

0

1

4

4

4

4

3

3

0

1

1

1

4

4

3

8

6

7

2

3

1

2

8

8

7

3

3

1

0

3

3

1

1

1

0

3

3

1

0

3

3

1

1

1

0

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Page 1

Consaul N Alley to Beaumont

West
OPEN

Total

Beaumont Parking
Structure East

2-Hr Parking
(8am-6pm)
ADA
Senior Citizen

Total

Beaumont Parking
Structure West

10-Hr Parking
(Permit only b4
4pm)
ADA
EV
ADA EV

Total

Beaumont Santa Monica to
Consaul

North
OPEN

Total

Santa Monica N Alley to Beaumont

East
2-Hr Metered
(8am-6pm)

Total

Santa Monica Silver Spring to N Alley

East
2-Hr Metered
(8am-6pm)

Total

2-Hr Parking (8am6pm)
Lot Behind 312 E Silver
Spring
ADA
NML Guest
Total

3

2

1

0

1

0

0

0

0

0

3

2

1

0

1

0

0

0

0

0

63

21

15

12

12

10

12

15

13

10

2
1

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
0

66

21

15

12

12

10

12

15

13

10

60

21

21

16

18

13

14

13

10

9

2
3

0
1

0
1

0
2

0
1

0
0

0
0

0
0

0
0

0
0

1

0

0

0

0

0

0

0

0

0

66

22

22

18

19

13

14

13

10

9

14

4

4

5

4

4

8

7

8

7

14

4

4

5

4

4

8

7

8

7

4

0

0

1

0

1

2

0

0

0

4

0

0

1

0

1

2

0

0

0

4

2

4

2

2

1

0

0

0

0

4

2

4

2

2

1

0

0

0

0

19

11

11

9

13

7

10

8

6

5

1
2

0
0

0
0

0
0

0
0

0
0

0
0

0
0

0
1

0
1

22

11

11

9

13

7

10

8

7

6

X:\ML\2025\20250334\Design\Traffic\Parking Counts\Parking Occupancy_WFB_Observed Counts_25-0203.xlsx

Page 2

Appendix C
ITE Parking Generation Tables

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.

670

Parking Generation Manual, 6th Edition

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).
Percent of Monday–Thursday
Peak Parking Demand

Percent of Saturday
Peak Parking Demand

Serving Lunch
and Dinner

Serving
Breakfast, Lunch,
and Dinner

Serving Lunch
and Dinner

–

–

–

–

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.

–

–

–

–

Hour Beginning

Serving
Breakfast, Lunch,
and Dinner

12:00–4:00 a.m.

Land Use Descriptions and Data Plots

671

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

672

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: 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
30

P = Parked Vehicles

20

10

0

2

0

4

6

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: ***

Average Rate

R²= ***

Land Use Descriptions and Data Plots

683

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
30

P = Parked Vehicles

20

10

0

2

0

4

6

X = 1000 Sq. Ft. GFA

Study Site
Fitted Curve Equation: ***

684

Parking Generation Manual, 6th Edition

Average Rate

R²= ***

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:
REPORT FROM:
MEETING DATE:
AGENDA ITEM:

Kevin Buckley – Chairperson
Members of the Plan Commission
Kelsey McElroy-Anderson – Village Manager
Anna Christopherson – Assistant Village Manager
Joel Oestrich – Director of Building Services
September 30, 2026
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 secondfloor 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
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.

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

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 – STAFF REPORT
REPORT TO:
REPORT FROM:
MEETING DATE:
AGENDA ITEM:

Kevin Buckley – Chairperson
Members of the Plan Commission
Kelsey McElroy-Anderson – Village Manager
Anna Christopherson – Assistant Village Manager
Joel Oestrich – Director of Building Services
September 30, 2026
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 reestablishment 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 mixeduse 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 banks, 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), 1621C(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 mixeduse 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)

1
Pet grooming establishments [Added 2-19-2024 by Ord. No. 1908 ]

(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