6:30 p.m. Mukwonago Municipal Building/Board Room, 440 River Crest Court

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1 Dated Village of Mukwonago REGULAR PLAN COMMISSION MEETING Notice of Meeting and Agenda Tuesday, June 13, 2017 Time: Place: 6:30 p.m. Mukwonago Municipal Building/Board Room, 440 River Crest Court 1. Call to Order 2. Roll Call 3. Approval of minutes for the May 15, 2017 regular meeting 4. Unfinished Business Discussion and Possible Action on the Following Items A. Recommendation to Village Board regarding ordinance to amend Chapter 100 of Village Municipal Code, known as the Zoning Code, specifically pertaining to standards within the business zoning districts (Sections through ), removal of Section (Business Fire Overlay District), adjusting section numbers, revising the listing of all zoning district amending and adding definitions to be consistent with the proposed amendments 5. New Business Discussion and Possible Action on the Following Items A. Recommendation to Village Board concerning Site Plan and Architectural Review requested by Mukwonago Fire Department for the construction of an addition to Fire Station #1 at the property located at 1111 Fox St., known as MUKV B. Sign permit requested by Mukwonago Baptist Church for the construction of a monument sign at the property located at 1610 Honeywell Rd. C. Resolution : A Resolution Proposing the Creation of Tax Incremental District No. 4, of the Village of Mukwonago, Wisconsin D. Village Board referral of An Ordinance to Amend Sections , , and of Chapter 100 of the Village of Mukwonago Municipal Code, Known as the Zoning Ordinance, Pertaining to the Creation of Village Center Overlay Zoning Standards and Elimination of the Fire District Overlay Districts to review public comments from the May 16, 2017 public hearing E. Request by Village resident Roger Walsh to create a Downtown Mukwonago Strategic Plan Steering Committee F. Initial presentation and discussion of draft ordinance to amend Chapter 45 of Village Municipal Code, known as the Land Division Code G. Initial presentation and discussion of draft ordinance to amend Chapter 100 of Village Municipal Code, known as the Zoning Code, specifically pertaining to standards within the residential zoning districts (Sections through ) 6. Adjournment It is possible that members of, and possibly a quorum of, members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Please note that, upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities through appropriate aids and services. For additional information or to request this service, contact the Clerk s Office, 440 River Crest Court, (262) , Option 4.

2 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin May 16, 2017 Plan Commission Minutes Page 1 of 4 MINUTES OF THE REGULAR PLAN COMMISSION MEETING Monday May 15, 2017 Call to Order Chairperson Fred Winchowky called the meeting to order at 6:30 p.m. located in the Board Room of the Mukwonago Municipal Building, 440 River Crest Ct. Roll Call Commissioners present: Also present: John Meiners Mark Penzkover Joe Abruzzo Ken Werner Fred Winchowky, Chairman Robert Harley Jim Decker Bruce Kaniewski, Village Planner Judith Taubert, Deputy Clerk/Treasurer Minutes Motion by Penzkover/Werner to approve the April 11, 2017 regular meeting and April 17, 2017 special meeting carried. Public Hearing Public Hearing for a conditional use permit requested by Darwin Greenwald, DC Properties, LLP, to allow for a drive-through facility and changes to the existing fueling station building and site on the property located at 122 Arrowhead Drive, known as MUKV and MUKV opened at 6:32 p.m. Kip Golden, Contractor, representing the applicant described the site plans for a drive-through facility and changes to the existing fueling station building. Public Comments None. Public hearing closed at 6:39 p.m. New Business 122 Arrowhead Dr. Development Motion by Penzkover/Abruzzo to recommend the Village Board approve the conditional use permit requested by Darwin Greenwald, DC Properties, LLP, to allow for a drive-through facility and changes to the existing fueling station building and site on the property located at 122 Arrowhead Drive, known as MUKV and MUKV The approval is contingent upon the following conditions: 1. The Conditional Uses for the drive-through lane for the Arby s Restaurant addition to the BP fueling station and convenience store at the southwest corner of I-43 and Highway 83 building, for an additional diesel pump fuel island and for associated changes to the existing facility shall be subject to all plans and information submitted for the application by Mach IV Engineering & Surveying, LLC and CR Structures Group, Inc. on behalf of

3 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin May 16, 2017 Plan Commission Minutes Page 2 of 4 applicant DC Properties, LLP, on file in the office of the Zoning Administrator. The plans may be further modified to conform to other conditions of approval; the building and floor plans may be modified with the approval of the Zoning Administrator and Supervisor of Inspections to conform to Building and Fire Safety Codes and all plans may be further modified to conform to Village design standards. However, the basic layout of the site as depicted the site plan shall remain unchanged. 2. All ingress/egress drives and parking areas shown on the site plan shall remain private and shall be maintained in a usable and passable condition at all times. 3. Approval shall be subject to acceptance of the Storm Water Maintenance Agreement by the Village Board. 4. Prior to issuance of the first building permit, a final landscape plan, final exterior site lighting plan and final dumpster enclosure plan shall be submitted for approval of the Zoning Administrator. The landscape plan shall show a total of 70 trees, including existing trees, with emphasis on planting of pine trees west and south of the additional truck parking area to provide a landscape screen to buffer the truck parking area from the neighboring residential structures. 5. The property shall be maintained in a clean condition, free of debris at all times. Prior to occupancy, Arby s shall install exterior refuse containers near property exit points. The containers shall be aesthetically pleasing and shall be subject to the approval of the Zoning Administrator. 6. For any new signs, only signs allowed by the Village Sign Code, and approved by either the Zoning Administrator or Plan Commission, shall be allowed on the property. On-site directional signs shall be subject to the approval of the Zoning Administrator in accordance with the Sign Code. 7. Prior to the start of any site construction or issuance of a building permit, whichever occurs first, the following shall occur: a. Compliance with all points included in the May 11, 2017 letter from the Village Engineer s office. The Village Engineer, the Superintendent of Utilities and the Public Works Director shall approve all site engineering and utility plans and documents, including a complete and final Storm Water Management Plan and an Erosion Control Plan. b. Recording of the One-Lot Certified Survey Map. c. All final site development plans shall be consistent with the plans noted in Condition No. 1 or as modified. d. Submittal of information and approvals as noted in Conditions Nos. 3 and 4. e. Approval of the plans by the Fire Chief, which may include, but are not limited to, the internal fire suppression system, external fire department connection location and hydrant locations. f. Approval of building plans by the Building Inspector after receipt of approval of building plans by the State of Wisconsin. g. Approval of building plans shall include appropriate locations of the external mechanical equipment to be placed hidden from view from neighboring properties, as approved by the Zoning Administrator. 8. Prior to temporary occupancy issuance for any part of the additions, if needed prior to final occupancy permit, the following shall occur: a. Completion of all site grading and storm water management facilities in accordance with approved plans, including landscaping that is part of the storm water management facilities. b. Completion of all exterior lighting for the addition in accordance with approved plans.

4 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin May 16, 2017 Plan Commission Minutes Page 3 of 4 c. Completion of the addition in accordance with approved plans and all applicable codes. d. Completion of hard drive and parking surfaces from the exterior public right-of-way to the general area surrounding the buildings, including installation of handicapped parking signs and ramps. e. Completion of dumpster enclosure. f. Temporary occupancy may be granted for a portion of the addition or renovation to the existing building if other portions of the addition or renovations are not completed, subject to public safety. 9. Temporary occupancy may be issued for the additional diesel fuel pump island and canopy addition without completion of other additions and renovations on the site; however all surfaces surrounding the new pump island shall be paved. 10. Prior to final occupancy permit, which shall be issued not later than 120 days after any temporary occupancy permit, the following shall occur: a. Completion of all site and building additions and renovations pursuant to the approved plans and completion of all items within Condition No. 8. b. Completion of paving and striping of the entire parking area and curb and gutter where shown on plans, in accordance with approved plans. c. Installation of all site landscaping. d. Completion of all required site improvements as specified in the Storm Water Management Plan. e. Completion of any other municipal code requirement in the interest of the health, safety and welfare of the public 11. The conditional use for the restaurant drive-through lane shall be granted solely for an Arby s restaurant. Nothing in this conditional use approval shall prevent another restaurant operator from applying for a new conditional use. 12. The applicant shall work with Village staff to come up with a satisfactory appearance of the west elevation. Motion carried. Motion by Penzkover/Meiners to recommend the Village Board approve the certified survey map requested by Darwin Greenwald, DC Properties, LLP, to allow for the property located at 122 Arrowhead Drive, known as MUKV and MUKV carried. Village of Mukwonago CSM Motion by Harley/Penzkover to recommend the Village Board approve the certified survey map requested by Village of Mukwonago for part of the property located on the west side of STH 83, across from Black Bear Blvd., known as MUKV carried. Ordinances to Amend Chapter 100 of Village Code, Zoning Ordinance pertaining to the Business Zoning Districts The Planning Commission recommended changes to the amendments and to come back to the next regular Planning Commission meeting. Historic Preservation Commission Review of 525 S. Rochester St. Motion by Penzkover/Werner to approve the Historic Preservation Commission review of the exterior remodel at the property located at 525 S. Rochester St., known as MUKV subject to materials submitted carried.

5 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin May 16, 2017 Plan Commission Minutes Page 4 of 4 Conceptual Site Plan and Architectural Plan Review for Storage Werks Mukwonago The Planning Commission looked at the Conceptual Site Plan and Architectural Plan Review requested by Andrew Reahm, Storage Werks Mukwonago, for the construction of a storage facility at the property located between Mukwonago Drive and the railroad tracks, behind 360 Bay View Rd., known as MUKV More information is needed. No action taken. Adjournment Meeting adjourned at 8:53 p.m. Respectfully submitted, Judith A. Taubert Deputy Clerk-Treasurer

6 Proposed Amendments to Standards of the Business Zoning Districts (Updated per Plan Commission meeting of May 15, 2017) Prior Changes Shown in Red, Recent Changes in Blue Sec B-1 Neighborhood Business District. (a) Intent. The B-1 neighborhood business district is intended to establish and preserve areas for neighborhood convenience shopping and service needs which are located in close proximity to residential areas neighborhoods while minimizing the undesirable impact of such uses on the neighborhood which they serve. This district requires including that any nonresidential uses and their facilities be compatible with the character of adjacent residential areas. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted Uses. (1) Refer to Section for the list of uses permitted in the B-1 district. (2) Existing residences in compliance with the provisions of R-3 single-family/duplex residential district. R-2 Single-Family Historical Lot Residential (3) Other uses similar to the previously referenced permitted use list, subject to the approval of the zoning board of appeals Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional Uses. (1) Refer to section for the list of conditional uses in the B-1 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the zoning board of appeals. Plan Commission. 1

7 (d) Quantitative Standards for Development in B-1. Category Minimum Lot Area Minimum Lot Dimensions Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building** Minimum Floor Area per Building Standard 12,000 square feet Width: 80 feet Depth: 150 feet 80 feet 30% of total lot size, not including any public right-of-way 65% 60% of total lot size, not including any public right-of-way 10 foot perimeter on all sides Street Yard: 25 feet Interior Side Yard: a. Abutting residential zoning district: 25 feet b. Not abutting residential zoning district: 10 feet Rear Yard: feet 2 stories to a maximum of 25 feet 15 feet Total: 1,200 square feet First floor of two-story buildings: 900 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Sections (j) and for other accessory structure regulations. (e) Design Standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. 2

8 b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. (3) Roofing materials and style. a. Flat roofs are only permitted by prior plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (f) Refuse Storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (g) Other Outdoor Storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (h) Sidewalks, Driveways, Parking and Loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. 3

9 (2) Sidewalks shall be a maximum of six feet wide. (3) Driveways shall be provided as set forth in section (1) and section Article V of this Chapter 100. (4) Loading areas shall be provided as set forth in section Article V of this Chapter 100. (5) Parking shall be provided as set forth in section Article V of this Chapter 100. (i) General Development Requirements. (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 3-2 ½ inch caliper and evergreens a minimum of 6 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of an any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. 4

10 k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit shall be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. (2) Signage shall be as set forth under article VII of this chapter Chapter 64 of Municipal Code. (3) Generally, building and parking setbacks from state controlled rights-of-way are 50 feet, as regulated by the Wisconsin Department of Transportation. (j) Accessory Buildings, Structures and Uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review 5

11 (6) Maximum number: As approved by site plan and architectural review. (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. (9) [Refuse storage:] For refuse storage, see subsection (f) of this section. 6

12 B-2 Sec B-2 General Business District. (a) Intent. The B-2 general business district is intended for existing areas of business. The village does not intend to create additional districts of this type elsewhere in the village except if Aadjoining lands can be zoned B-2 if it is found by the planning commission to be in the best interest and orderly development of the village and compatible with existing development. The district is to provide for those commercial activities of a more general nature, including retail, office and service facilities catering to the entire community area. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted Uses. (1) Refer to Section for the list of uses permitted in the B-1 district. (2) Existing residences in compliance with the provisions of R-3 single-family/duplex residential district. R-2 Single-Family Historical Lot Residential District (3) Other uses similar to the previously referenced permitted use list, subject to the approval of the zoning board of appeals Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional Uses. (1) Refer to section for the list of conditional uses in the B-1 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the zoning board of appeals. Plan Commission. 7

13 (d) Quantitative Standards for Non-Satellite Lot Development in B-2. Category Minimum Lot Area Minimum Lot Dimensions Minimum Lot Width Maximum Lot Size Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building** Minimum Floor Area per Building Standard 20,000 square feet Width: 100 feet Depth: 200 feet 100 feet Two Acres (87,120 square feet) 35% of total lot size, not including any public right-of-way 75% of total lot size, not including any public right-of-way 10 foot perimeter on all sides Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet 2 stories to a maximum of 35 feet 20 feet Total: 2,000 square feet First floor of two-story buildings: 1,200 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Sections (k) and for other accessory structure regulations. 8

14 (e) Quantitative Standards for Satellite Lot Development in B-2 (B-2 Satellite Lot Development not permitted within Village Center Overlay Zoning District). Category Minimum Lot Area (new) Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building Minimum Floor Area per Building Standard 10,000 square feet 100 feet 35% of total lot size, not including any public right-of-way 70% of total lot size, not including any public right-of-way (previously 75%) 10 foot perimeter on all sides Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet 1 story to a maximum of 30 feet No accessory building permitted on satellite lot Total: 1,200 square feet (previously erroneously listed as 2,000 square feet) *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. (f) Design Standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. 9

15 (3) Roofing materials and style. a. Flat roofs are only permitted by prior plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (g) Refuse Storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (h) Other Outdoor Storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (i) Sidewalks, Driveways, Parking and Loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. (2) Sidewalks shall be a maximum of six feet wide. (3) Driveways shall be provided as set forth in section (1) and section Article V of this Chapter 100. (4) Loading areas shall be provided as set forth in section Article V of this Chapter

16 (5) Parking shall be provided as set forth in section Article V of this Chapter 100. (j) General Development Requirements. (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 3-2 ½ inch caliper and evergreens a minimum of 6 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of an any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit shall be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from 11

17 the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. (2) Signage shall be as set forth under article VII of this chapter Chapter 64 of Municipal Code. (3) Generally, building and parking setbacks from state controlled rights-of-way are 50 feet, as regulated by the Wisconsin Department of Transportation. (k) Accessory Buildings, Structures and Uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review (6) Maximum number: As approved by site plan and architectural review. (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: 12

18 a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. (9) [Refuse storage:] For refuse storage, see subsection (f) of this section. 13

19 B-3 Sec B-3 Community Business District. (a) Intent. The B-3 community business district is intended to provide for the development in appropriate locations of larger commercial services consisting primarily of retail stores, shops, offices, and individual service establishments catering to the daily needs of businesses and residents of the Village of Mukwonago. This district requires that any nonresidential uses and their facilities Development and uses shall be compatible in character with village atmosphere. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted Uses. (1) Refer to Section for the list of uses permitted in the B-3 district. (2) Existing residences in compliance with the provisions of R-3 single-family/duplex residential district. (3) (2) Other uses similar to the previously referenced permitted use list, subject to the approval of the zoning board of appeals Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional Uses. (1) Refer to section for the list of conditional uses in the B-3 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the zoning board of appeals. Plan Commission. 14

20 (d) Quantitative Standards for Non-Satellite Lot Development in B-3. Category Minimum Lot Area Minimum Lot Dimensions Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building** Minimum Floor Area per Building Standard One acre (43,560 square feet 40,000 square feet Width: 150 feet Depth: 150 feet 150 feet 35% of total lot size, not including any public right-of-way 75% of total lot size, not including any public right-of-way (Previous draft was 80%) 15 foot perimeter on all sides Street Yard: Lots one acre or less in size: 25 feet/25 feet greenspace Lots over one acre: eight percent of lot depth as greenspace. Interior Side Yard: Lots one acre or less in size: 25 feet/10 feet greenspace Lots over one acre require greenspace equal to six percent of the average of street and rear lot lines in each yard (12 % total) Rear Yard: 50 feet/10 feet greenspace Street Yard: 25 feet Interior Side Yard: 25 feet Rear Yard: 25 feet 2 stories to a maximum of 35 feet 20 feet Total: 2,400 square feet First floor of two-story buildings: 1,800 square feet *There shall be a minimum setback of 15 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Sections (k) and for other accessory structure regulations. 15

21 (e) Quantitative Standards for Satellite Lot Development in B-3 Category Minimum Lot Area (new) Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building Minimum Floor Area per Building Standard 10,000 square feet 100 feet (previously 150 feet) 35% of total lot size, not including any public right-of-way 70% of total lot size, not including any public right-of-way 10 foot perimeter on all sides (previously 15 feet) Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet 1 story to a maximum of 25 feet No accessory building permitted on satellite lot Total: 1,200 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. (f) Design Standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. (3) Roofing materials and style. 16

22 a. Flat roofs are only permitted by prior plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (g) Refuse Storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (h) Other Outdoor Storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (i) Sidewalks, Driveways, Parking and Loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. (2) Sidewalks shall be a maximum of six feet wide. (3) Driveways shall be provided as set forth in section (1) and section Article V of this Chapter 100. (4) Loading areas shall be provided as set forth in section Article V of this Chapter 100. (5) Parking shall be provided as set forth in section Article V of this Chapter

23 (j) General Development Requirements. (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 3-2 ½ inch caliper and evergreens a minimum of 6 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of an any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit shall be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. 18

24 (2) Signage shall be as set forth under article VII of this chapter Chapter 64 of Municipal Code. (3) Generally, building and parking setbacks from state controlled rights-of-way are 50 feet, as regulated by the Wisconsin Department of Transportation. (k) Accessory Buildings, Structures and Uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review (6) Maximum number: As approved by site plan and architectural review. (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. 19

25 c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. (9) [Refuse storage:] For refuse storage, see subsection (f) of this section. 20

26 ORDINANCE NO. XXX AN ORDINANCE TO AMEND SECTIONS , , AND OF CHAPTER 100 OF THE VILLAGE OF MUKWONAGO MUNICIPAL CODE, KNOWN AS THE ZONING ORDINANCE, PERTAINING TO BUSINESS ZONING DISTRICTS STANDARDS WHEREAS, the Village of Mukwonago from time to time reviews regulations pertaining to the orderly development of various areas of the community; and WHEREAS, Update to Comprehensive Plan 2035 (hereinafter the plan ) was adopted by the Board of Trustees of the Village of Mukwonago on November 29, 2016; and WHEREAS, subsequent to the adoption of the Update to Comprehensive Plan 2035, the Village Plan Commission with assistance of Village staff began preparation of zoning ordinance amendments to implement the plan; and WHEREAS, pursuant to direction of the plan the Plan Commission with Village staff assistance prepared Business Zoning Districts Standards to assist with the orderly development of the Village; and WHEREAS, at a regularly scheduled meeting of May 16, 2017 the Plan Commission recommended to the Village Board that Chapter 100 of the Municipal Code be amended as provided here-in. NOW, THEREFORE, the Village Board of Trustees of the Village of Mukwonago, Waukesha and Walworth Counties, Wisconsin, pursuant to a public hearing held on May 16, 2017, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Sections , , and of Chapter 100 of the Village of Mukwonago Municipal Code, entitled Business Zoning Districts Standards, shall be amended as provided for in attached Exhibit A. SECTION II: SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section shall be declared by a Court of competent jurisdiction to be invalid, such decisions shall not affect the validity of other portions of the ordinance. SECTION III: CONFLICTS. All Ordinances or parts of Ordinances contravening the terms and conditions of this ordinance are hereby to that extent repealed. SECTION IV: EFFECTIVE DATE. This ordinance shall take effect upon passage and publication as approved by law, and the Village Clerk shall so amend the Code of Ordinances of the Village of Mukwonago, and shall indicate the date and number of this amending Ordinance herein. Passed and adopted this 16 th day of May, Fred H. Winchowky, Village President Attest: Steven A. Braatz, Jr., Village Clerk

27 Exhibit A to Ordinance No. XXX Business Zoning Districts Standards Sec B-1 Neighborhood Business District. (a) Intent. The B-1 neighborhood business district is intended to establish and preserve areas for neighborhood convenience shopping and service needs located in close proximity to residential neighborhoods while minimizing the undesirable impact of such uses on the neighborhood which they serve, including that any nonresidential use be compatible with the character of adjacent residential neighborhoods. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted uses. (1) Refer to Section for the list of uses permitted in the B-1 district. (2) Existing residences in compliance with the provisions of R-2 Single-Family Historical Lot Residential District (note: R-2 has minimum lot size of 8,712 square feet; also a new single family home requires a conditional use per Section ; in the proposed Village Center Overlay District ). (3) Other uses similar to the previously referenced permitted use list, subject to the approval of the Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional uses. (1) Refer to section for the list of conditional uses in the B-1 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the Plan Commission. (d) Quantitative Standards for Development in B-1. Category Minimum Lot Area Minimum Lot Width Standard 12,000 square feet 80 feet 1

28 Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building** Minimum Floor Area per Building 30% of total lot size, not including any public right-of-way 65% of total lot size, not including any public right-of-way 10 foot perimeter on all sides Street Yard: 25 feet Interior Side Yard: a. Abutting residential zoning district: 25 feet b. Not abutting residential zoning district: 10 feet Rear Yard: 30 feet 2 stories to a maximum of 25 feet 15 feet Total: 1,200 square feet First floor of two-story buildings: 900 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Section (j) and for other accessory structure regulations. (e) Design standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. 2

29 (3) Roofing materials and style. a. Flat roofs are only permitted by prior plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (f) Refuse storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (g) Other outdoor storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (h) Sidewalks, driveways, parking and loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. (2) Sidewalks shall be a maximum of six feet wide. 3

30 (3) Driveways shall be provided as set forth in Article V of this Chapter 100. (4) Loading areas shall be provided as set forth in Article V of this Chapter 100. (5) Parking shall be provided as set forth in Article V of this Chapter 100. (i) General development requirements. (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 2 ½ inch caliper and evergreens a minimum of 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. 4

31 j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit shall be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. (2) Signage shall be as set forth under Chapter 64 of Municipal Code. (j) Accessory buildings, structures and uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. 5

32 (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review (6) Maximum number: As approved by site plan and architectural review. (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. Sec B-2 General Business District. (a) Intent. The B-2 general business district is intended for existing areas of business. The village does not intend to create additional districts of this type elsewhere in the village except if adjoining lands can be zoned B-2 if in the best interest and orderly development of the village. The district is to provide for those commercial activities of a more general nature, including retail, office and service facilities catering to the entire community area. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted uses. (1) Refer to Section for the list of uses permitted in the B-1 district. 6

33 (2) Existing residences in compliance with the provisions of R-2 Single-Family Historical Lot Residential District. (3) Other uses similar to the previously referenced permitted use list, subject to the approval of the Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional uses. (1) Refer to section for the list of conditional uses in the B-1 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the Plan Commission. (d) Quantitative Standards for Non-Satellite Lot Development in B-2. Category Minimum Lot Area Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only (new) Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building**** Minimum Floor Area per Building***** Standard 20,000 square feet 100 feet 35% of total lot size, not including any public right-of-way (new) 75% of total lot size, not including any public right-of-way (new) 10 foot perimeter on all sides Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet 2 stories to a maximum of 35 feet 20 feet Total: 2,000 square feet First floor of two-story buildings: 1,200 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Sections (k) and for other accessory structure regulations. (e) Quantitative Standards for Satellite Lot Development in B-2 (B-2 Satellite Lot Development not permitted within Village Center Overlay Zoning District. 7

34 Category Minimum Lot Area (new) Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building Minimum Floor Area per Building** Standard 10,000 square feet 100 feet 35% of total lot size, not including any public right-of-way 70% of total lot size, not including any public right-of-way 10 foot perimeter on all sides Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet*** 1 story to a maximum of 30 feet No accessory building permitted on satellite lot Total: 1,200 square feet First floor of two-story buildings: 1,200 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. (f) Design standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. (3) Roofing materials and style. 8

35 a. Flat roofs are only permitted by plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (g) Refuse Storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (h) Other Outdoor Storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (i) Sidewalks, Driveways, Parking and Loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. (2) Sidewalks shall be a maximum of six feet wide. (3) Driveways shall be provided as set forth in Article V of this Chapter

36 (4) Loading areas shall be provided as set forth in Article V of this Chapter 100. (5) Parking shall be provided as set forth in Article V of this Chapter 100. (j) General Development Requirements. (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 2 ½ inch caliper and evergreens a minimum of 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. 10

37 j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. (2) Signage shall be as set forth under Chapter 64 of Municipal Code. (k) Accessory Buildings, Structures and Uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. 11

38 (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review (6) Maximum number: As approved by site plan and architectural review. (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. Sec B-3 Community Business District. (a) Intent. The B-3 community business district is intended to provide for the development in appropriate locations of larger commercial services consisting primarily of retail stores, shops, offices, and individual service establishments catering to the daily needs of businesses and residents of the Village of Mukwonago. Development and uses shall be compatible in character with village atmosphere. The following requirements are intended to help carry out this intent: (1) All business establishments shall be retail or service establishments dealing directly with consumers. (2) All goods produced on the premises shall be sold on premises where produced. (3) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. (b) Permitted uses. (1) Refer to Section for the list of uses permitted in the B-3 district. 12

39 (2) Other uses similar to the previously referenced permitted use list, subject to the approval of the Plan Commission, if the use is not already listed as a conditional use or not allowed. (c) Conditional uses. (1) Refer to section for the list of conditional uses in the B-3 district. (2) Other uses similar to the previously referenced conditional use list, subject to approval by the Plan Commission. (d) Quantitative Standards for Non-Satellite Lot Development in B-3. Category Minimum Lot Area Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building** Minimum Floor Area per Building Standard 40,000 square feet 150 feet 35% of total lot size, not including any public right-of-way 75% of total lot size, not including any public right-of-way 15 foot perimeter on all sides Street Yard: 25 feet Interior Side Yard: 25 feet Rear Yard: 25 feet 2 stories to a maximum of 35 feet 20 feet Total: 2,400 square feet First floor of two-story buildings: 1,800 square feet *There shall be a minimum setback of 15 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. **See Sections (k) and for other accessory structure regulations. (e) Quantitative Standards for Satellite Lot Development in B-3 Category Minimum Lot Area (new) Minimum Lot Width Maximum Building Coverage on Lot Principle Buildings Only Standard 10,000 square feet 100 feet 35% of total lot size, not including any public right-of-way 13

40 Maximum Lot Coverage (all buildings and impervious surfaces) Minimum Greenspace Perimeter* Minimum Building Setbacks Maximum Building Height, principal building Maximum Height, accessory building Minimum Floor Area per Building 80% of total lot size, not including any public right-of-way 10 foot perimeter on all sides Street Yard: 10 feet Interior Side Yard: 10 feet Rear Yard: 30 feet*** 1 story to a maximum of 25 feet No accessory building permitted on satellite lot Total: 1,200 square feet *There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100. (f) Design standards. (1) General requirement. The architectural design of all buildings shall be subject to plan commission approval. (2) Building materials and colors. a. Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl and aluminum siding are permitted. Metal is not permitted. A minimum of 25 percent of the gross area of street sides of buildings must be masonry. b. Exterior building colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, black, or fluorescent colors shall be prohibited. Building trim and architectural accent elements may feature brighter colors, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on sign face and copy areas. c. Four-sided architecture is required. (3) Roofing materials and style. a. Flat roofs are only permitted by plan commission approval. b. Visible roof materials must be standard residential roofing materials. Roofs must be traditional roof colors, such as gray, black or dark brown. 14

41 (4) Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means. (g) Refuse Storage. (1) Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates. (2) All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids. (3) Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval. (4) Refuse storage areas may be freestanding or attached to a principal or accessory structure. (5) Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property. (6) The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission. (h) Other Outdoor Storage. Any outside storage in this district, even on a temporary basis, must be screened with either a six-foot high fence built to serve as a vision screen or a planting screen that will visually block the storage. (i) Sidewalks, Driveways, Parking and Loading. (1) Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to ninety degrees to the roadway as practical. (2) Sidewalks shall be a maximum of six feet wide. (3) Driveways shall be provided as set forth in Article V of this Chapter 100. (4) Loading areas shall be provided as set forth in Article V of this Chapter 100. (5) Parking shall be provided as set forth in Article V of this Chapter 100. (j) General Development Requirements. 15

42 (1) Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval. a. The minimum number of trees on a site shall be calculated based on the street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each front yard and each street side yard. b. Deciduous trees shall be a minimum of 2 ½ inch caliper and evergreens a minimum of 4 feet at time of planting. c. Efforts to protect and retain existing trees should be noted in the landscaping plan. d. It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the site and building(s), subject to the approval of the Plan Commission. Additional plantings will be required for screening or buffering. Fencing and other landscaping embellishments, such as benches, fountains, etc. shall be included with the landscape plan submitted for approval. e. Landscaping shall not obstruct fire department view of external fire alarms or access to the building. f. Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks. g. All trees shall be hardy, urban tolerant and disease resistant. h. The natural topography shall be used in the design and layout of the site. i. All landscaping shall be completed within nine months following issuance of any temporary occupancy permit. Within unified development sites with multiple principal buildings, landscaping shall be completed surrounding the building within nine months subject to the temporary occupancy. Final occupancy permit shall not be issued until completion of all landscaping for the subject site or building. j. All plantings must be maintained. If at any time, required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location. k. Prior to issuance of any building permit for the subject property, the Plan Commission may require a letter of credit be submitted to the village in a form acceptable to the village attorney. The letter of credit shall be in the amount of 16

43 the estimated cost of landscape materials and installation, plus an additional ten percent for village administrative costs (refundable if landscaping completed by applicant), with said estimated cost verified by a representative of the village. If landscaping is installed in phases, the village may reduce the letter of credit to an amount of the remaining estimated cost. However, the village shall retain 25 percent of the original letter of credit amount for one full year from the date of full landscape plan installation. Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the village shall draw upon the letter of credit as funds to complete or replace landscaping. (2) Signage shall be as set forth under Chapter 64 of Municipal Code. (k) Accessory Buildings, Structures and Uses. (1) Limitations: a. Accessory structures and uses are limited to those customarily incidental to the approved principal use. b. No more than 20 percent of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses. c. Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths. d. No accessory building or structure shall be visible from the principal street. (2) Permitted accessory buildings, structures and uses: a. Those customarily incidental to the principal use. b. Detached garages for storage of vehicles used in conjunction with the principal use. c. Off-street parking and loading areas accessory to the principal use. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. (3) Setback: Same as for principal structure. (4) Proximity to principal building: No closer than ten feet. (5) Maximum floor area: As approved by site plan and architectural review (6) Maximum number: As approved by site plan and architectural review. 17

44 (7) Total coverage of all accessory structures: Not more than 20 percent of rear yard area. (8) Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following: a. Multiple satellite dishes are permitted subject to proper screening from visibility from street view. b. Satellite dish antennas shall be located no closer than five feet to any alley lot line. c. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties. d. No advertising shall be displayed on a satellite dish antenna except for a nameplate, no more than one square foot in area, displaying the name and address of the manufacturer, distributor and/or retailer. 18

45 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) June 7, 2017 Fred Winchowky, Village President Village of Mukwonago 440 River Crest Court Mukwonago, WI Re: Mukwonago Headquarters Station/Site Plan and Architectural Plan Review Dear President Winchowky and Members of the Plan Commission: The Village Board has authorized the Mukwonago Fire Department to proceed with an addition and interior alterations to the headquarters station at 1111 Fox Street (southeast corner of CTH ES and NN). Before proceeding to prepare bid documents, review and approval of the Site Plan and Architectural Plan is requested. The property is assigned a zoning district of M-4 Medium/Heavy Industrial District. Proposed are two sections of additions of slightly over 1,300 square feet. To the south/southwest side of the building an addition with six sleep rooms is proposed. A dayroom is proposed for the west side. The gap between the dayroom and sleeping room additions will be a patio with a half wall separating the patio from the adjacent parking lot. The purpose of the additions is to facilitate the department s transition into 24/7 firefighter coverage based at the station. A dayroom is where firefighters spend time when not on calls or performing other duties at the station. The current day room with adjacent kitchen will be altered for dining to provide space for additional firefighters. Building Architecture The exterior design of the additions will match existing building design. The project architect is seeking a vendor able to match the existing brownish-red brick. Parking Currently there are 29 parking spaces located west of the building, which includes one handicapped space. The addition will reduce the number to 19 spaces, including the handicapped space. Fire Chief Jeff Stien states the 19 spaces are sufficient. Although not currently striped for parking, the east side of the paved area behind the station is configured to handle parking of 15 vehicles. As allowed by the zoning ordinance, there is plenty of open space elsewhere on the site to add parking should the need arise in the future. Recommendation I recommend approval of the request of Site Plan and Architectural Plan approval for the fire station at 1111 Fox Street, subject to the conditions below. Building setbacks conform to the M-4 district. 1. The additions shall conform to the submittal by Fischer-Fischer-Theis, Inc. 2. Prior to the issuance of a building permit, the Mukwonago Village Board shall approve a contract with a contractor to construct the additions.

46 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) Prior to the issuance of a building permit, the Mukwonago Zoning Administrator shall approve the final landscape plan. Sincerely, Bruce S. Kaniewski, AICP Village Planner/Zoning Administrator

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54 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) May 24, 2017 Fred Winchowky, Village President Village of Mukwonago 440 River Crest Court Mukwonago, WI Re: Sign Review/1610 Honeywell Road Dear President Winchowky and Members of the Plan Commission: Innovative Signs on behalf of Mukwonago Baptist Church at 1610 Honeywell Road has submitted an application for a new freestanding sign. Pursuant to Section (a) of the sign code, Plan Commission approval is required for signs of public uses, institutional uses, schools or churches. The proposed two-sided sign includes an electronic message board and a two foot tall brick base. The sign face of 90 square feet and total sign height of 9.5 feet conforms to the minimum requires of the sign code for properties over tree acres (property is 22.3 acres). Recommendation The proposed sign conforms to the sign code, and is consistent with the use and size of the property. I recommend approval if representatives of Mukwonago Baptist Church indicate they have reviewed and understand Section of the sign code regarding sign lighting and visibility, especially the control of lighting intensity and the frequency of change of message. Sincerely, Bruce S. Kaniewski, AICP Village Planner/Zoning Administrator Cc: Jaimie Dieman, Innovative Signs (via ) Paster Rhon Roberts

55 Mukwonago Baptist Church Plan Commission Request Project Name: Mukwonago Baptist Church Property Address: 1610 Honeywell Road Applicant Name: Innovative Signs Contact Person: Jaime Dieman Applicant Address: Doral Road, Ste B City: Waukesha State: WI Zip: Intent This document comprises the Sign request for Mukwonago Baptist Church located at 1610 Honeywell Road in the village of Mukwonago. Mukwonago Baptist Church is requesting a sign permit for adding a monument sign with EMC to be placed perpendicular to Honeywell Road. Details The following points detail how the addition of a monument sign with EMC board will comply with Village of Mukwonago Municipal Code. 1. The sign face is under 50 sq. ft. as required for horizontal monument signs on properties of 3.01 acres or above. 2. The sign height is under 10 ft. as required for horizontal monument signs on properties of 3.01 acres or above. 3. The site address will be included on the sign base as required for monument signs. 4. The EMC will be 47% of the sign so that it does not overwhelm the church name. The church name will make up 53% of the sign so that it is the dominant feature of the sign. 5. The monument sign will be placed perpendicular to the road with a 10 setback. If you have any questions regarding this request please direct them to Jaime Dieman or Kathryn Krzewina at Innovative Signs (262)

56 Client Mukwonago Baptist Mukwonago, WI QT/OR # Size See Right Quantity Materials & Specs Monument Signage Double Sided Amber EMC Display White LED Lit Cabinet 88 Installed Perpendicular to road (10 setback) Brick Base to Match Building 6.0 Duronodic Acrylic Address Text Optional 6 Center Pole (TBD) Colors Duronodic Bronze Cabinet Black EMC Cabinet Burgundy 188c Trans Vinyl White Representative Kathryn K. Designer Nick Mason Date: 5/02/2017 Stone Cap By Others *Production cannot begin until we receive your authorization the proof is accurate. Delays in receiving your approval will delay production times. DISCLAIMER: Artwork is the property of Innovative Signs, Inc. Design charges will be applied to artwork shared and / or completed without the consent of Innovative Signs, Inc.

57 PLAN COMMISSION RESOLUTION A RESOLUTION PROPOSING THE CREATION OF TAX INCREMENTAL DISTRICT NO. 4, OF THE VILLAGE OF MUKWONAGO, WISCONSIN WHEREAS, it is determined to be necessary, desirable and in the best interest of the Village of Mukwonago, Wisconsin (the "Village") to provide for mixed used development on the land adjacent to the CTH-ES corridor extending from the area south of the Mukwonago River to the northern edge of the Bay View Road right of way; WHEREAS, under the provisions of Section of the Wisconsin Statutes, the Village has the power to create a Tax Incremental District to assist in financing the promotion of mixed-use development in the Village; WHEREAS, the Village desires to exercise its power under Section of the Wisconsin Statutes to create a tax incremental district for the purpose of promoting mixed-use development; WHEREAS, the Village has proposed a project plan (the "Project Plan") for Tax Incremental District No. 4 in the Village; WHEREAS, the Project Plan will promote mixed-use development within the meaning of Section of the Wisconsin Statutes; and WHEREAS, pursuant to Section (4)(e) of the Wisconsin Statutes, in order for the planning commission to create a new tax incremental district, the planning commission must provide for a public hearing at which all interested parties are afforded a reasonable opportunity to express their views on the Project Plan. NOW, THEREFORE, be it resolved by the Plan Commission of the Village of Mukwonago, Wisconsin, as follows: Section 1. Proposed Creation of Tax Incremental District. For the purpose of promoting mixed-use development, the creation of Tax Incremental District No. 4 (the "District") is hereby proposed in the Village pursuant to Section of the Wisconsin Statutes. Section 2. Proposed Boundaries of the District. The proposed boundaries of the District are described on Map 1 and the Legal Description, which are attached to this Resolution as Exhibits A and B, respectively. Section 3. Proposed Project Plan. The proposed Project Plan for the District, which is attached to this Resolution as Exhibit C, is conditionally approved.

58 Section 4. Public Hearing on Proposed Creation of the District and the Project Plan. A public hearing on the proposed creation of the District and the Project Plan shall be held by the Plan Commission on July 11, 2017 at 6:30 p.m. at the Village Hall of the Village of Mukwonago located at 440 River Crest Court, Mukwonago, Wisconsin. Dated and approved this 13 th day of June, Fred Winchowky, Village President ATTEST: Steven Braatz, Jr., Village Clerk

59 Exhibit A To Resolution Map of Proposed District Boundary (Proposed Boundary shown in solid blue) *Wetlands within the geographic area and excluded for development purposes are shown on map in Section 8 (in green) on page 16.

60 Exhibit B To Resolution Legal Description of Boundaries Being part of the Northeast one-quarter, and the Northwest one-quarter of Section 35, Town 5 North, Range 18 East, Village of Mukwonago, Waukesha County, Wisconsin bonded, and described as follows. Connecting at the Southeast corner of said Northeast one-quarter, thence Westerly along the South line of said Northeast one-quarter 517 feet more or less to the Westerly line of the Canadian National Railroad; thence Northerly along said Westerly line 533 feet more or less to the intersection of the Westerly line of the Canadian National Railroad, and the Northerly Line of Bay View Road, also being the Southeasterly corner of Lot 2 of Certified Survey May (C.S.M.) No. 9976, and The Point Of Beginning of the hereafter described lands; thence Westerly along the Northerly line of Bay View Road, 415 feet more or less to the Easterly line of Lot 1 C.S.M. 9976; thence Northerly along the easterly line of said Lot 1, of distance 194 feet more or less to the Northeasterly corner of said Lot 1; thence Westerly along the Northerly line of said Lot 1, a distance of 259 feet more or less to the Easterly line of Mukwonago Drive; thence Southerly along the Easterly line of Mukwonago Drive, 750 feet more or less to the intersection of the Easterly line of Mukwonago Drive and the Southerly line of the Northeast onequarter, 550 feet more or less to the Easterly line of lands designated by Tax Key Number (TKN) MUKV ; thence Northerly along the Easterly lines of lands designated by TKN s MUKV , MUKV , MUKV , a distance of 472 feet more or less to the Southerly line of Bay View Road; thence Northerly, 68 feet more or less to the intersection of the Northerly line of Bay View Road and the Easterly line of lands designated by TKN MUKV ; thence Northerly along said Easterly line, 2013 feet more or less to the Southerly line of lands designated by TTKN MUKV200968; thence Easterly along said line, 32 feet more or less to the Southeasterly corner or said lands; thence Northerly along the Easterly line of said lands, 310 feet more or less to the Northeasterly corner of said lands; thence Westerly along the Northerly line of said lands, 467 feet more or less to the easterly line of county Road ES; thence Southerly along Easterly line, 181 feet more or less to a Southerly line of lands designated by TKN MUKV ; thence Easterly along said lands, 189 feet more or less to a Westerly line of said lands; thence Southerly along said Westerly line, 125 feet more or less to the Northerly line of lands designated by TKN MUKV ; thence Westerly along said Northerly line 63 feet more or less to the Westerly line of said lands; thence Southerly along the Westerly line of said lands, 103 feet more or less to the Northerly line of Bay View Road; thence Westerly along said Northerly line, 218 feet more or less to the intersection of the Northerly line of bay View Road and the Easterly line of County Road ES; thence Northwesterly, 124 feet more or less to the intersection of the Northerly line of bay View Rod and the Westerly line of County Road ES; thence Westerly along the Northerly line of Bay View Road, 350 feet more or less to the Easterly line of C.S.M. 6616; thence Northerly along said easterly line, 236 feet more or less to the Northeasterly corner of said C.S.M.; thence Westerly along the Northerly line of said C.S.M., 162 feet more or less to the Southeasterly line of the Canadian National Railroad; thence Northeasterly along said Southeasterly line, 176 feet more or less to a point of curve; thence continuing along said Southeasterly line and said curve to the right, 1,141 feet more or less to the intersection of the Southerly line of the Canadian National Railroad and the Westerly line of county Road ES; thence Easterly and perpendicular to said Westerly line, 110 feet more or less to the Easterly line of said road; thence Southerly along said easterly line, 492 feet more or less to a jog in the right-of-way of County Road ES; thence Easterly along said right-of-way, 8 feet more or less; thence Southerly along the easterly line of said road, 1,124 feet more or less to the Southerly line of lands designated by TKN MUKV200999; thence Easterly along

61 said Southerly line, 163 feet more or less to the easterly line of said lands; thence Northerly along said easterly line, 124 feet more or less to the Southerly line of Lot 11 of the subdivision plat of river Crest Center, thence Easterly along said Southerly line, 238 feet more or less to the easterly line of said Lot 11; thence Northerly along said Easterly line, 97 feet more or less to the Southerly line of Lot 9 of said subdivision plat; thence Easterly along said Southerly line, 14 feet more or less to the Southeasterly corner of said Lot 9; thence Easterly along the Southerly lines of Lots 8, 7, and 6 of said subdivision plat, 777 feet more or less to the Westerly line of the Canadian National Railroad; thence Southerly along said westerly line, 519 feet more or less; thence Westerly along said westerly line, 5 feet more or less; thence Southerly along said westerly line, 500 feet more or less to the Point Of Beginning. Containing 47.7 acres more or less of land. Tax Key Numbers included in this description: MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKVI , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV Note: Any and all lands currently delineated as wetlands, as defined by Wis. Stat defining wetlands in Wisconsin, will not be included nor intended for any purposes of development within the district pursuant to Wis. Stat (2)(k)(1).

62 [Insert Date of Approval] Project Plan for the Creation of Tax Incremental District No. 4 Prepared By: The Village of Mukwonago and Hutchinson, Shockey, Erley, & Co. Planning Commission: Public Hearing Held: Adopted by Village Board: Approved by Joint Review Board:

63 Village of Mukwonago Officials Village Board Fred Winchowky.. Village President Karl Kettner.. Village Trustee Mark Penzkover..Village Trustee James Decker..Village Trustee Darlene Johnson.Village Trustee Jay Vermeulen.Village Trustee Kelly Klemme...Village Trustee Village Administration John S. Weidl.....Village Administrator Steven Braatz, Jr.Village Clerk-Treasurer Diana Doherty..Finance Director Bruce Kaniewski.....Village Planner Mark Blum..Village Attorney Josh Bachert... Economic Development Intern Planning Commission Fred Winchowky.. Village President Mark Penzkover..Chairman of Public Works Committee Jim Decker.. Chairman of Health & Recreation Committee Joe Abruzzo...Citizen Member Ken Werner Citizen Member John Meiners.Citizen Member Bob Harley.Supervisor of Inspections Bruce Kaniewski....Advisory Member Mark Blum...Advisory Member Joint Review Board Person 1.Village Representative Norman Cummings Waukesha County Person 3...WCTC District Person 4 Mukwonago Area School District Person 5...Public Member Assistance Provided By: Hutchinson, Shockey, Erley & Co N. Old World 3 rd Street. Milwaukee, WI (414)

64 Table of Contents Village Officials... 2 Section 1: Introductory Summary... 4 Section 2: Type and General Description..9 Section 3: Map of Proposed District Boundary.10 Section 4: Map Showing Existing Uses and Conditions.11 Section 5: Preliminary Parcel List and Analysis..12 Section 6: Equalized Value Test...14 Section 7: Statement of Kind, Number and Location of Proposed Public Works and Other Projects Section 8: Map Showing Propsoed Improvements and Uses..20 Section 9: Detailed List of Project Costs..21 Section 10: Economic Feasibility Study, Financing Methods, and the Time When Costs or Monetary Obligations Related Are to be Incurred 22 Section 11: Annexed Property Section 12: Proposed Zoning Ordinance Changes...27 Section 13: Proposed Changes In Comprehensive Plan, Zoning Map, Building Codes, and Village of Mukwonago Ordiancnes.27 Section 14: Relocation Section 15: Orderly Development and/or Redevelopment.28 Section 16List of Estimated Non-Project Costs 28 Section 17: Legal Opinion 29 Section 18: Legal Description of Boundaries Section 19: Calculation of the Growth of Tax Increments By Taxing Entity.. 32 Section 20: Planned Zoning for River South District..33

65 SECTION 1: Introductory Summary Description of District Type of District, Size, and Location Tax Incremental District ( TID ) No. 4 (the TID, TID #4, or the District ) is proposed to be created by the Village of Mukwonago ( Village ) as a mixed-use district. A map of the proposed District boundaries is in Section 3 of this plan. District Background In 2014, the Village acquired the current parcel located at 915 Main St. to facilitate redevelopment of an underutilized site. The purchase of this property assisted Lynch Automotive with the construction of 2 new auto dealerships (Chevrolet and Chrysler) located in TID #3 at 280 and 282 E. Wolf Run. respectively. Given the prior use of the parcel by Lynch (formerly Horter) Chevrolet, which left structural, environmental, and economic issues behind, the Village must utilize tax incremental financing to make the site suitable for any redevelopment. In addition, other sites within the vicinity of the former Lynch dealership, due to economic conditions such the existence of wetlands and property ownership, have resulted in the vacancy of parcels within the proposed district. The creation of TID #4, with the redevelopment of 915 Main Street, would provide powerful economic incentives that will overcome these extraneous market conditions and cause proper and orderly development that would not otherwise occur but for the creation of TID #4. Estimated Total Project Expenditures The Village anticipates making total project expenditures of approximately $5.5 Million ($2.5 Million in Phase I and $3 Million in Phase II) to undertake the projects listed in this Project Plan. The Village anticipates completing the projects in two phases. The Expenditure Period of this District is 15 years from the date of adoption of the authorizing Resolution of the Village Board (the Creation Resolution ). The projects to be undertaken pursuant to this Project Plan are expected to be financed with General Obligation debt issued by the Village, however, the Village may use other alternative financing methods which may provide overall lower costs of financing, preserve debt capacity, mitigate risk to the Village, or provide other advantages as determined by the Village Board. A discussion and listing of other possible financing mechanisms, as well as a summary of total project financing is found in Section 10 of this plan. Economic Development Because of the creation of this District, the Village anticipated that additional land and improvements value of approximately $16.5 million will be created from new development, redevelopment, and appreciation in the value of existing properties within the District. A table detailing assumptions as to the timing of new development and redevelopment and associated values is found in Section 10 of this Plan. In addition, creation of the District is expected to result in other economic benefits as detailed in the Summary of Findings hereafter. Expected Termination of District Based upon the Economic Feasibility Study located in Section 10 of this plan, this District would be expected to generate sufficient tax increments to recover all project costs by the year 2037; the year of the expected termination of the life of this District. Project Plan TID No. 4 Creation Page 4 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

66 Summary of Findings As required by Wisconsin Statutes Section , and as documented in this Project Plan and the exhibits contained and referenced herein, the following findings are made: 1) That but for the creation of this District, the development projected to occur as detailed in this Project Plan: 1) would not occur; or 2) would not occur in the manner, at the values, or within the timeframe desired by the Village. In making this determination, the Village has considered the following information: Phase 1: Both the prior and current uses of the 915 Main Street property are not optimal, or ideal for the parcel. The current site consists of an abandoned automotive dealership in a suboptimal layout that is adjacent to a State protected waterway and the East Troy electric rail-line. The existing structure on the site formerly used by Lynch is unsuitable for any future commercial, residential, or commercial use and must be razed to allow for any and all future redevelopment of the site. The parcel can be redeveloped in a manner that is optimal for the site based on location, use, and projected development values. The District has a large degree of chronic under-development. Currently, within the proposed District, acres of the acres considered for the creation of the TID are vacant. This is a vacancy rate of 75.77%. The former Lynch Chevrolet site makes up acres or 9.52% of this total vacancy If not for the creation of a TID, the District would likely remain vacant or otherwise underdeveloped. The redevelopment of the site will require the demolition of the former Lynch-Horter Chevrolet building at 915 Main St. Assessments of the site revealed the existence of Chrysotile Asbestos in most of the building. The Chrysotile is present in three building material forms; Category I non-friable (stable), Category II (friable during demolition), and highly friable RACM (removal prior demolition is required by Federal Law). Chrysotile was present in all 3 classes of material throughout the structure at a 3% concentration level. In order to comply with USEPA 40 CFR Part 61, Subpart M, and the need to raze the structure for redevelopment, the Village will need to utilize a firm certified in asbestos removal as improper removal of Class II and RACM materials with the current Chrysotile composition would likely create an air exposure within the immediate vicinity greater than the.1 fibers per cubic centimeter currently allowed under law. Prior use of the site at 915 Main Street has left a history of environmental contamination in the District. The Wisconsin DNR recognizes the site as a Former Leaking Underground Storage Tank (LUST) site. The existing in ground hydraulic lift systems and above ground storage tanks for new and used motor oil present an additional potential environmental contaminant. In order to avoid a potential environmental incident, a firm trained and certified in the removal of these hazards will be need to be hired. Soil borings on the 915 Main site revealed the existence of carcinogenic compounds such as PCEs, Tetrachloroethene, Benzo(a)pyrene, and Vinyl Chloride that were found in the soils at depths of five to eight feet. All were found to be in concentrations slightly Project Plan TID No. 4 Creation Page 5 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

67 above the State s permitted exposure limits and present a risk of contamination of groundwater in the area. To date, no contaminants have been systemically found to have contaminated the ground water. The WI DNR has closed the case on the site. TID #4 is needed to provide the funding necessary to clean up the site so that redevelopment can occur. The District was found to have a high water table ranging from 4 feet to 10 feet beneath the surface at various points throughout. This will require any developer to incur substantially higher costs of construction as no basements may be constructed, and particular care must be taken to stabilize any structure created by using pilings to reach the bedrock. The project costs associated are cost prohibitive and but for the creation of TID #4, it is unlikely that any development on this site would occur. A marketing study of rental unit analysis conducted showed that a multi-family development would be an optimal usage for the former Lynch Chevrolet site at 915 Main street. The former Lynch Chevrolet site has above ground electric wires. In order to encourage the successful redevelopment of the property and other properties within the District, the overhead power lines will be taken down and underground electric lines will be laid. The power lines to buried will be limited exclusively to those located within the easement running along the eastern side of the 915 Main Street property southward to Bay View Road. The poles and towers on the west side of the property shall remain undisturbed. It is found that the site has an extensive amount of environmental contamination, and that the existing Lynch-Horter Chevrolet dealership is structurally inadequate for future use. Thus, the site in its current configuration is unable to meet its full economic potential given its location to other commercial activity and its valuable proximity to Lower Phantom Lake for that desired by the Village. The creation of TID #4 seeks to remedy this problem, which is unlikely to be resolved but for the creation of TID #4. Phase 2: Considering the enumerated findings above, the Village has found that regarding Phase I, it is too cost prohibitive to for private investment alone to be adequate to provide for the redevelopment of the former Lynch Chevrolet dealership site. Therefore, for redevelopment to occur, the Village must make the necessary investments for redevelopment. These include (but are not limited to): the burying of utility lines, land assembly, and developer incentives. Developments related to project expenditures under Phase I would not occur but for the creation of TID #4. Phase II is projected to begin 10 years into the life of TID #4. However, Phase II is conditional upon the successful development of projects completed during Phase I and will only occur if Phase I is successful. The parcels within the proposed second phase of TID #4 are prime for development however, certain economic and environmental conditions have prevented the development of the parcels. Currently six of the seven parcels west of CTH-ES are vacant, encompassing acres, or 86.08% of the acreage of the area west of CTH- ES (or 56.19% of the total acreage of TID #4) are vacant. Therefore, the Village asserts that TID #4 is necessary to provide for development of the parcels and that development Project Plan TID No. 4 Creation Page 6 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

68 would not occur but for the use of TIF. The District has a known high water table ranging from four feet to 10 feet beneath the surface at various points throughout. This will require any developer to incur substantially higher costs of construction as no basements may be constructed, and particular care must be taken to stabilize any structure created by using pilings to reach the bedrock. The project costs associated are cost prohibitive and but for the use of TID, it is unlikely that any development on this site would occur. Given economic conditions, specifically property ownership within the parcels, some parcels have inadequate access via public right-of-way. Currently 9.51 acres, or 35% of the acreage of parcels east of Main Street (23.34% of the area of TID #4) is inaccessible due to lack of public right-of-way. This has discouraged, and otherwise prohibited the development of many of the parcels east of CTH-ES that are ideal for development. Currently the Village finds that in order to for the parcels to develop Mukwonago Drive must be extended from where it currently terminates 517 feet north of Bay View Rd and connected to CTH-ES. Section 3, showing the proposed boundary for TID #4 also displays where Mukwonago Drive ends and the current inaccessibility of several parcels to the north, west, and east of this terminus. The Village finds that but for the creation of TID #4, the development of these parcels will not occur under current market conditions. 2) The economic benefits of the Tax Incremental District, as measured by increased employment, business and personal income, and property value, are sufficient to compensate for the cost of the improvements. In making this determination, the Village has considered the following information: As demonstrated in the Economic Feasibility Section of this Project Plan, the tax increments projected to be collected are more than sufficient to pay for the proposed project costs. On this basis alone, the finding is supported. Further Phase II improvements would only take place if sufficient development occurs to warrant further development and improvements. 3) The benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. If approved, the District s creation would become effective for valuation purposes as of January 1, As of this date, the values of all existing development would be frozen and the property taxes collected on this base value would continue to be distributed amongst the various taxing entities as they currently are now. Taxes levied on any additional value established within the District due to new construction, renovation or appreciation of property values occurring after January 1, 2017 would be collected by the TID and used to repay the costs of TIF-eligible projects undertaken within the District. Since the development expected to occur is unlikely to take place or in the same manner without the use of TIF (see Finding #1) and since the District will generate economic benefits that are more than sufficient to compensate for the cost of the improvements (see Finding #2), the Village reasonably concludes that the overall benefits of the District outweigh the anticipated tax increments to be paid by the owners of property in the Project Plan TID No. 4 Creation Page 7 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

69 overlying taxing jurisdictions. It is further concluded that since the but for test is satisfied, there would, in fact, be no foregone tax increments to be paid in the event the District is not created. As required by Section (4)(i)(4), a calculation of the share of projected tax increment revenue differentials to be incurred by the various taxing authorities covering the District can be found in Section 19 of this plan. 4) The properties proposed for inclusion in TID #4 are suitable for mixed-use development under current State regulations concerning mixed-use development. The Village finds that more than 50% by area of the real property within the District is suitable for a combination of industrial, commercial, and residential uses, defined as mixed-use development within the meaning of Wisconsin Statutes Section (2)(cm). If through the implementation of the plan, the Village determines there is benefit to residential development within the district, it will not exceed 35% by area of the real property within the District. Any project costs related to newly platted residential development are eligible expenditures based on the finding that the development has a residential housing density of at least 3 units per acre as defined in Wisconsin Statues Section (2)(f)3.a.The current proposed development of the Lake Lofts on the former Lynch Chevrolet dealership (located at 915 Main St.) encompasses only 9.52% of the acres anticipated for inclusion in the TID, significantly lower than the 35% allowed by law. This leaves room for an additional 25.48% of the acreage within the proposed district suitable for residential development. Further residential development beyond Lake Lofts, if they are to occur, will not exceed the acres remaining under the 35% restriction. 5) The Village estimates that more than 35% of the territory within the District will be devoted to retail business at the end of the District s maximum expenditure period of the area will be devoted to retail business use pursuant to Wisconsin Statutes Sections (5)(b) and (6)(am)1. The Village anticipates that of the acres suitable for development (65.8%, approximately 66%) within the District will be used for retail business use. 6) Based upon the findings, as stated above, the District is declared to be a mixed-use District based on the identification and classification of the property included within the District. 7) The project costs relate directly to promoting mixed-use development in the district consistent with the purpose for which the District is created. 8) The improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District. 9) The equalized value of taxable property of the District, plus the value increment of all existing tax incremental districts within the Village, does not exceed 12% of the total equalized value of taxable property within the Village. 10) Any newly platted residential development within the District shall comply with the requirements of Wis. Stat (2)(f)3. 11) The Project Plan for the District in the Village is feasible, and is in conformity with the Comprehensive Plan of the Village. Project Plan TID No. 4 Creation Page 8 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

70 SECTION 2: Type and General Description of District The District is being created by the Village under the authority provided by Wisconsin Statutes Section The District is created as a Mixed-Use District based upon a finding that more than 50% by area of the real property within the District is suitable for a combination of commercial, and residential uses as defined within the meaning of Wisconsin Statues Section (2)(cm) (See Section 5 of this plan for a breakdown of District parcels and calculation of compliance with the 50% test). Any future lands proposed for newly platted residential development will comprise less than 35% of the area of the District. To the extent that project costs will be incurred by the Village for newly platted residential development, the residential development will have a density of at least 3 units per acre as defined in Wisconsin Statues Section (2)(f)3.a. A map depicting the boundaries of the District is in Section 3 of this Plan. A map depicting the proposed uses of the District is found in Section 8 of this plan. The Village intends that TIF will be used to assure that a combination of private commercial, and residential development occurs within the District consistent with the Village s development objectives. This will be accomplished by installing public improvements and making necessary related expenditures to induce and promote development within the District. The goal is to increase the tax base and to provide for and preserve employment opportunities within the Village. The project costs included in the Plan related directly to promoting mixed-use development in the District consistent with the purpose for which the District is created. Based upon the findings, as stated within this Plan, the District is declared to be a mixed-use District based on the identification and classification of the property included within the District. Project Plan TID No. 4 Creation Page 9 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

71 SECTION 3: Map of Proposed District Boundary (Proposed Boundary shown in solid blue) *Wetlands within the geographic area and excluded for development purposes are shown on map in Section 8 (in green) on page 16. Project Plan TID No. 4 Creation Page 10 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

72 SECTION 4: Map Showing Existing Uses and Conditions Map Legend B C U Business Use Commercial Use Under-Developed *Note: The map above shows only existing uses for those parcels proposed for inclusion in TID #4 *Proposed boundary of TID #4 outlined in blue. Project Plan TID No. 4 Creation Page 11 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

73 SECTION 5: Preliminary Parcel List and Analysis Village of Mukwonago Tax Increment District #4 Base Property Information (Parcel Analysis) Property Information Assessment Information Prop No. TaxKey Address Owner Acreage Village Owned? Land Imp PP Total EAV Ratio Land Imp PP Total Industrial Commercial Existing Residential New Residential Suitable for Mixed Use Blighted Conservation Vacant 1 MUKV Main Street Village of Mukwonago Y $ 80, $ 24, $ - $ 104, $ 74, $ 22, $ - $ 97, MUKV Main Street Village of Mukwonago Y $ 60, $ - $ - $ 60, $ 56, $ - $ - $ 56, MUKV Main Street Village of Mukwonago 2.16 Y $ 252, $ 651, $ - $ 904, $ 236, $ 608, $ - $ 845, MUKV Greenwald Family N $ 471, $ - $ - $ 471, $ 440, $ - $ - $ 440, MUKV Main Street Village of Mukwonago 0.67 Y $ 67, $ - $ - $ 67, $ 62, $ - $ - $ 62, MUKV Main Street AINA LLC N $ 137, $ 196, $ - $ 334, $ 128, $ 184, $ - $ 312, MUKV Main Street Vlaznim Islami N $ 197, $ 542, $ - $ 739, $ 184, $ 506, $ - $ 691, MUKV Main Street Michael Islami N $ 132, $ 15, $ - $ 148, $ 124, $ 14, $ - $ 138, MUKV Bay View Road Bay View LLC N $ 272, $ 927, $ - $ 1,200, $ 254, $ 866, $ - $ 1,121, MUKV Bay View Road Rudolph Properties LLC N $ 117, $ 279, $ - $ 396, $ 110, $ 260, $ - $ 370, MUKV Main Street MP Properties LLC N $ 120, $ 181, $ - $ 301, $ 112, $ 169, $ - $ 281, MUKV Main Street Amazon Real Estate LLC 0.77 N $ 149, $ 653, $ - $ 803, $ 139, $ 610, $ - $ 750, MUKV Main Street TCB 2 LLC N $ 24, $ - $ - $ 24, $ 22, $ - $ - $ 22, MUKV Main Street TCB 2 LLC N $ 75, $ - $ - $ 75, $ 70, $ - $ - $ 70, MUKV Darwin Greenwald 3.03 N $ 255, $ - $ - $ 255, $ 238, $ - $ - $ 238, MUKV Darwin Greenwald N $ 180, $ - $ - $ 180, $ 168, $ - $ - $ 168, MUKV Citizens Bank 4.81 N $ 300, $ - $ - $ 300, $ 300, $ - $ - $ 300, MUKV OMSA Development LLC 0.98 N $ 105, $ - $ - $ 105, $ 52, $ - $ - $ 52, MUKV OMSA Development LLC N $ 105, $ - $ - $ 105, $ 52, $ - $ - $ 52, Equalized Value District Classification Total Acreage $ 2,999, $ 3,472, $ - $ 6,577, $ 2,830, $ 3,245, $ Estimated Base Value $ 6,075, % 22% % 0 0% 76% Notes: *Total acreage was obtained by Waukesha County GIS and excludes public right of ways. *Discrepancy between the acres shown here and the acres of land in the legal description are accounted for by excluding acreage of current public right-of-way and State protected wetlands within the district. *Properties deemed suitable for retail/business use above are displayed in italics. All properties deemed suitable for retail/business use add up to of the acres and amount to approximately 66% retail/business use by area. *Half of the property with TaxKey MUKV owned by the Greenwald Family is deemed suitable for retail/business use and this has been factored into the 66% retail/business use by area. Project Plan TID No. 4 Creation Page 12 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

74 *Note: The above map shows the Waukesha County Tax Key Numbers of all parcels considered for inclusion on the chart on page 9. Project Plan TID No. 4 Creation Page 13 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

75 SECTION 6: Equalized Value Test The following calculations demonstrate that the Village is in compliance with the Wisconsin Statutes Section (4)(gm)4.c., which requires that the equalized value of the taxable property in the proposed District, plus the value increment of all existing tax incremental districts, does not exceed 12% of the total equalized value of taxable property within the Village. The equalized value of the increment of existing tax incremental districts within the Village, plus the base value of the proposed District, totals $62,509, This value is less than the maximum of $96,259, that is permitted for the Village of Mukwonago. The Village is therefore in compliance with the statutory equalized value test and may proceed with creation of this District. Creation Date Village of Mukwonago, Wisconsin Tax Increment District #4 Valuation Test Compliance Calculation XX/XX/XX Current Valuation Dollar Change Percent Change Total EV (TID In) $ 802,163, $ - $ - Creation Value $ 802,163, % Test Value $ 96,259, $ - $ - Value of Existing TID TID #3 $ 56,328, Total Existing TID $ 56,328, $ $ $ 96,259, ,328, ,328, Projected Base of New District $ 6,180, $ 6,180, Total Value Subject to 12% Test $ 62,509, $ 62,509, % Compliant? TRUE TRUE Project Plan TID No. 4 Creation Page 14 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

76 SECTION 7: Statement of Kind, Number, and Location of Proposed Public Works and Other Projects The following is a list of public works and other TIF-eligible projects that the Village either expects to implement or reserves the right to implement in conjunction with this District. Any costs necessary or convenient to the creation of the District or directly or indirectly related to the public works and other projects are considered Project Costs and are eligible to be paid with tax increment revenues of the District. Property, Right-of-Way, and Easement Acquisition Property Acquisition for Development To promote and facilitate development and/or redevelopment the Village may acquire property within the District. The cost of property acquired, and any costs associated with the transaction, are eligible Project Costs. Following acquisition, other Project Costs within the categories detailed in this Section may be incurred to make the property suitable for development and/or redevelopment. Any revenue received by the Village from the sale of property acquired pursuant to the execution of this Plan will be used to reduce the total project costs of the District. If total Project Costs incurred by the Village to acquire property and make it suitable for development and/or redevelopment exceed the revenues or other consideration received from the sale or lease of that property, the net amount shall be considered real property assembly costs as defined in Wisconsin Statutes Section (2)(f)1.c., and subject to recovery as an eligible Project Cost. Property Acquisition for Conservancy In order to promote the objectives of this plan, the Village may acquire property within the District that it could designate for conservancy. These conservancy objectives include: preserving historic resources or sensitive natural features; protection of scenic and historic views; maintaining habitat for wildlife; maintaining adequate open space; reduction of erosion and sedimentation by preserving existing vegetation; and providing adequate areas for management of stormwater. The cost of property acquired for conservancy, and any costs associated with the transaction, are eligible Project Costs. Acquisition of Rights-of-Way The Village may need to acquire property to allow for the installation of streets, driveways, sidewalks, utilities, stormwater management practices, and other public infrastructure. Costs incurred by the Village to identify, negotiate, and acquire rights-of-way are eligible Project Costs. Acquisition of Easements The Village may need to acquire temporary or permanent easements to allow for installation and maintenance of streets, driveways, sidewalks, utilities, stormwater management practices, and other public infrastructure. Costs incurred by the Village to identify, negotiate, and acquire easement rights are eligible Project Costs. Relocation Costs If relocation expenses are incurred in conjunction with the acquisition of property, those expenses are eligible Project Costs. These costs may include, but are not limited to: preparation of a relocation plan; allocations of staff time; legal fees; publication of notices; obtaining Project Plan TID No. 4 Creation Page 15 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

77 appraisals; and payment or relocation benefits as required by Wisconsin Statutes Sections and Environmental Audits and Remediation There have been environmental studies performed within the proposed District. The existence of several toxic compounds were found in the soils at the former Lynch site at levels slightly above their permitted exposure levels. Any cost incurred by the Village related to environmental audits, testing, and remediations are eligible Project Costs. Demolition Analysis of the structure of the former Lynch site showed the existence of Chrysotile Asbestos throughout the structure. In order to make sites suitable for development and/or redevelopment, the Village may incur costs related to demolition and removal of structures or other land improvements, to include asbestos removal, disposal, and abatement, as well as abandonment of wells and/or other existing utility services. Site Grading Land within the District may require grading to make it suitable for development and/or redevelopment, to provide access, and to control stormwater runoff. The Village may need to remove and dispose of excess material, or bring in fill material to provide for proper site elevations. Expenses incurred by the Village for site grading are eligible Project Costs. Utilities Electric Service To create sites suitable for development, the Village may incur costs to provide, relocate or upgrade electrical services. Relocation may require the abandonment and removal of existing poles, installation of new poles, or burying of overhead electric lines. Any and all changes to electric service lines within Phase I of TID #4 shall be exclusively limited to those located upon the easement running along the eastern side of 915 Main Street down to Bay View Road. Costs incurred by the Village to undertake this work are eligible Project Costs. To the extent electric service projects undertaken within the District provide direct benefit to land outside of the District, the Village will make an allocation of costs based on such benefit. Communications Infrastructure To create sites suitable for development, The Village may incur costs to provide, relocate, or upgrade infrastructure required for voice and data communications, including, but not limited to: telephone lines, cable lines, and fiber optic cable. Costs incurred by the Village to undertake this work are eligible Project Costs. To the extent communications infrastructure projects undertaken within the District provide direct benefit to land outside of the District, the Village will make an allocation of costs based on such benefit. Sanitary Sewer Improvements There may be inadequate sanitary sewer facilities serving areas of the District. To allow development to occur, the Village may need to construct, alter, rebuild, or expand sanitary sewer infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding, or expansion of: collection mains; manholes and cleanouts; service laterals; force mains; interceptor sewers; pumping stations; lift stations; and all related appurtenances. To the extent sanitary sewer projects undertaken within the District provide direct benefit to land outside of the District, the Village will make an allocation of costs based on such benefit. Those costs corresponding to the benefit allocated to land within the District, and Project Plan TID No. 4 Creation Page 16 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

78 necessitated by the implementation of the Project Plan, are eligible Project Costs. Implementation of the Project Plan may also require that the Village construct, alter, rebuild, or expand sanitary sewer infrastructure located outside of the District. That portion of the costs of sanitary sewer system projects undertaken outside the District which are necessitated by the implementation of the Project Plan are eligible Project Costs. Gas Service To create sites suitable for development, the Village may incur costs to provide, relocate or upgrade gas mains and services. Costs incurred by the Village to undertake this work are eligible Project Costs. Water System Improvements There may be inadequate water distribution facilities serving areas of the District. To allow development to occur, the Village may need to construct, alter, rebuild or expand water system infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding or expansion of: distribution mains; manholes and valves; hydrants; service laterals; pumping stations; wells; storage tanks and reservoirs; and all related appurtenances. To the extent water system projects undertaken within the District provide direct benefit to land outside of the District, the Village will make an allocation of costs based upon such benefit. Stormwater Management System Improvements Development within the District will cause stormwater runoff and environmental contamination. To manage this stormwater runoff, the Village may need to construct, alter, rebuild, or expand stormwater management infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding or expansion of: stormwater collection mains; inlets, manholes and valves; service laterals; ditches; culvert pipes; box culverts; bridges; and infiltration, filtration and detention Best Management Practices (BMP s). To the extent stormwater management system projects undertaken within the District provide direct benefit to land outside of the District, the Village will make an allocation of costs based upon such benefit. Those costs corresponding to the benefits allocated to land within the District, and necessitated by the implementation of the Project Plan, are eligible Project Costs. Implementation of the Project Plan may also require that the Village construct, alter, rebuild or expand stormwater management infrastructure located outside of the District. That portion of the costs of stormwater management system projects undertaken outside the District which are necessitated by the implementation of the Project Plan are Eligible Project Costs. Streets and Streetscape Street Improvements There may be inadequate street improvements serving areas of the District. To allow development to occur, the Village may need to construct and/or reconstruct streets, highways, alleys, access drives and parking areas. Eligible Project Costs include, but are not limited to: excavation; removal or placement of fill; construction of road base; asphalt or concrete paving or repaving; installation of curb and gutter; installation of sidewalks and bicycle lanes; installation of culverts, box culverts and bridges; rail crossings and signals; utility relocation, to include burying overhead utility lines; street lighting; installation of traffic control signage and traffic signals; pavement marking; right-of-way restoration; installation of retaining walls; and installation of fences, berms, and landscaping. Project Plan TID No. 4 Creation Page 17 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

79 Streetscaping and Landscaping In order to attract development consistent with the objectives of this Plan, the Village may install amenities to enhance development sites, rights-of-way and other public spaces. These amenities include, but are not limited to: landscaping; lighting of streets, sidewalks, parking areas and public areas; installation of planters, benches, clocks, tree rings, trash receptacles and similar items; and installation of brick or other decorative walks, terraces and street crossings. These and any other similar amenities installed by the Village are eligible Project Costs. Miscellaneous Cash Grants (Development Incentives) The Village may enter into agreements with property owners, lessees, or developers of land located within the District for the purpose of sharing costs to encourage the desired type of improvements and to assure that sufficient tax base is generated to recover Project Costs. No cash grants will be provided until the Village executes a developer agreement with the recipient of the cash grant. Any payments of cash grants made by the Village are eligible Project Costs. Projects Outside the Tax Incremental District Pursuant to Wisconsin Statutes Section (2)(f)1.n, the Village may undertake projects within territory located within one-half mile of the boundary of the District provided that: 1) the project area is located within the Village s corporate boundaries and 2) the projects are approved by the Joint Review Board. The cost of projects completed outside the District pursuant to this section are eligible project costs, and may include any project cost that would otherwise be eligible if undertaken within the District. The Village intends to make the following project cost expenditures outside the District: Intersection improvements including signals. Professional Service and Organizational Costs The costs of professional services rendered, and other costs incurred, in relation to the creation, administration, and termination of the District, and the undertaking of the projects contained within this Plan, are eligible Project Costs. Professional services include, but are not limited to: architectural; environmental; planning; engineering; legal, audit; financial; and the costs of informing the public with respect to the creation of the District and the implementation of the Plan. Administrative Costs The Village may charge to the District as eligible Project Costs reasonable allocations of administrative costs, including, but not limited to, employee salaries. Costs allocated will bear a direct connection to the time spent by Village employees relating to the implementation of the Plan. Financing Costs Interest expense, debt issuance expenses, redemption premiums, and any other fees and costs incurred in conjunction with obtaining financing for projects undertaken under this Plan are eligible Project Costs. Relating to all projects, the costs associated with engineering, design, land survey, inspection, materials, construction, restoring property to its original condition, apparatus necessary for public works, legal and other consultant fees, testing, environmental studies, permits, updating Village ordinances and plans, judgments of claims for damages and other expenses are included as Project Costs. Project Plan TID No. 4 Creation Page 18 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

80 In the event any of the public works projects expenditures are not reimbursable out of the special TIF fund under Wisconsin Statutes Section , in the written opinion of counsel retained by the Village for such purpose or a court of record so rules in a final order, then such project or projects shall be deleted here from and the remainder of the projects hereunder shall be deemed the entirety of the projects for purposes of this Project Plan. The Village reserves the right to implement only those projects that remain viable as the Plan period proceeds. Project Costs are any expenditure made, estimated to be made, or monetary obligations incurred or estimated to be incurred, by the Village and as outlined in this Plan. Project Costs will be diminished by any income, special assessments or other revenues, including user fees or charges. To the extent the costs benefit the municipality outside the District, a proportionate share of the cost is not a Project Cost. Costs identified in this Plan are preliminary estimates made prior to design considerations and are subject to change after planning is completed. Prorations of costs in the Plan are also estimates and subject to change based upon implementation, future assessment policies and user fee adjustments. Planned Developments The Village has already begun to receive offers for planned developments within the proposed District. The following proposed developments are to begin construction within the first 3 years of the District. Lake Lofts True Vine Development has proposed a multi-family residential development. The development would be located at 917 Main Street and would encompass 5 existing parcels spanning an estimated acres. The development will include 95 units with an average square footage of 990. The development will require the demolition of existing structure(s) currently on site and an environmental remediation. Storage Werks Growth Werks has submitted the designs for a 62,600-square foot storage facility north of the current Sherwin Williams site, on Mukwonago Drive. The parcel is currently owned by Citizens Bank of Mukwonago. The facility would be a storage facility consisting of visually appealing façade entailing faux windows, stone waist coating, ornamental security fencing, and heavy landscaping. The property will be accessible 24 hours a day, 7 days a week with intermittent onsite staff, 8 planned parking stalls, and a 24-hour kiosk. Oral & Maxillofacial Surgery Associates Oral & Maxillofacial Surgery Associates ( OMSA ), has begun construction on a new 3,800- square ft. facility on the acre parcel formerly owned by Citizens Bank. The facility will be a stand-alone structure open between the hours of 8 A.M. to 5 P.M. Monday through Friday. The facility plans to serve between 15 to 30 patients daily. Casey s General Store Casey s General Store has proposed the construction of a store location on the corner of Bay View Road and Main Street. The store would be a stand-alone convenience store spanning 3,500 square feet. Project Plan TID No. 4 Creation Page 19 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

81 SECTION 8: Map Showing Proposed Improvements and Uses *Proposed improvements are not different from current uses. Extension of Mukwonago Drive planned for Phase II has already been dedicated. Project Plan TID No. 4 Creation Page 20 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

82 SECTION 9: Detailed List of Project Costs All costs are based on 2017 prices and are preliminary estimates. Phase II costs shown include an assumed 4% annual inflation factor to estimate future costs. The Village reserves the right to increase these costs to reflect inflationary increases and other uncontrollable circumstances between 2017 and the time of construction. The Village also reserves the right to increase certain project costs to the extent others are reduced or not implemented without amending the Plan. The tax increment allocation is preliminary and is subject to adjustment based upon the implementation of the Plan. The Plan is not meant to be a budget nor an appropriation of funds for specific projects, but a framework within which to manage projects. All costs included in the Plan are estimates based on the best information available. The Village retains the right to delete projects or change the scope and/or timing of projects implemented as they are individually authorized by the Village Board, without amending the Plan. Project Name: Client Name: Project #: TID #4 Project Cost Village of Mukwonago Phase 1 (2017 ENR Cost Indices) Description TIF Special Assessment Impact Fee Unkown Total 1 Bury Cable, Electric, Telephone $ 900, $ 900, Land Assembly $ 1,100, $ 1,100, Developer Incentives $ 465, $ 465, Environmental Impact Analysis (Lynch Property) $ 9, $ 9, Rental Apartment Analysis $ 9, $ 9, Previous TID planning Costs Provided by Village $ 14, $ 14, Estimated Project Costs $ 2,498, $ 2,498, Phase 2 (2027 Estimated Costs Assuming a 4% Increase Annually) Description TIF Special Assessment Impact Fee Unknown Total 1 Water Main & Appurtenance $ 223, $ 223, Sanitary Sewer & Appurtenance $ 215, $ 215, Storm Sewer & Pond for Road Extension $ 427, $ 427, Roadway Extension $ 391, $ 391, Street Lighting $ 40, $ 40, Natural gas, Electric and Cable/Fiber Utility $ 156, $ 156, Land $ 1,500, $ 1,500, Traffic Impact Analysis $ 45, $ 45, Wetland Delineation $ 30, $ 30, Soil Boring $ 8, $ 8, Estimated Total Project Costs $ 3,035, $ 3,035, Project Plan TID No. 4 Creation Page 21 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

83 SECTION 10: Economic Feasibility Study, Financing Methods, and the Time When Costs or Monetary Obligations Related are to be Incurred The information and exhibits contained within this Section demonstrate that the proposed District is economically feasible insofar as: The Village has available to it the means to secure the necessary financing required to accomplish the projects contained within this Plan. A listing of Available Financing Methods follows. The Village expects to complete the projects in one or multiple phases, and can adjust the timing of implementation as needed to coincide with the pace of private development. A discussion of the phasing and projected timeline for project completion is discussed under Plan Implementation within this Section. A table identifying the financing method for each phase and the time at which that financing is expected to be incurred is included. The development expected to occur as a result of the implementation of this Plan will generate sufficient tax increments to pay for the cost of the projects. Within this Section are tables identifying: 1) the development expected to occur, 2) a projection of tax increments to be collected resulting from that development and other economic growth within the District, and 3) a cash flow model demonstrating that the projected tax increment collections and all other revenues available to the District will be sufficient to pay all Project Costs. Available Financing Methods Implementation of this Plan may require that the Village issue debt obligations to provide direct or indirect financing for the Projects to be undertaken. The following is a list of the types of obligations that Village may choose to utilize. General Obligation (G.O.) Bonds or Notes The Village may issue G.O. Bonds or Notes to finance the cost of projects included within this plan. The Wisconsin State Constitution limits the principal amount of G.O. debt that the Village may have outstanding at any point in time to an amount not greater than five percent of its total equalized value (TID IN). Bonds Issued to Developers ( Pay as You Go Financing) The Village may issue a bond or other obligation to one or more developers who provide financing for projects included in this Plan. Repayment of the amounts due to the developer under the bonds or other obligations are limited to an agreed percentage of the available annual tax increments collected that result from the improvements made by the developer and is subject to annual appropriations by the Village Board. To the extent that the tax increments collected are insufficient to make annual payments, or to repay the entire obligation over the life of the District, the Village s obligation is limited to not more than the agreed percentage of the actual increments collected. Bonds or other obligations issued to developers in this fashion are not general obligations of the Village and therefore do not count against the Village s statutory borrowing capacity. Project Plan TID No. 4 Creation Page 22 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

84 Tax Increment Revenue Bonds The Village has the authority to issue revenue bonds secured by the tax increments to be collected. These bonds may be issued directly by the Village, or as a form of lease revenue bond by a Community Development Authority (CDA). Tax Increment Revenue Bonds and Lease Revenue Bonds are not general obligations of the Village and therefore do not count against the Village s statutory borrowing capacity and payments are subject to further annual appropriation by the Village Board. Utility Revenue Bonds The Village can issue revenue bonds to be repaid from revenues of its various systems, including revenues paid by the Village that represent service of the system to the Village. There is neither a statutory nor constitutional limitation on the amount of revenue bonds that can be issued, however, water rates are controlled by the Wisconsin Public Service Commission and the Village must demonstrate to bond purchasers its ability to repay revenue debt with the assigned rates. To the extent the Village utilizes utility revenues other than tax increments to repay a portion of the bonds, the Village must reduce the total eligible Project Costs in an equal amount. Special Assessment B Bonds The Village has the ability to levy special assessments against benefited properties to pay part of the costs for street, curb, gutter, sewer, water, storm sewers and other infrastructure. In the event the Village determines that special assessments are appropriate, the Village can issue Special Assessment B bonds pledging revenues from special assessment installments to the extent assessment payments are outstanding. These bonds are not counted against the Village s statutory borrowing capacity. If special assessments are levied, the Village must reduce the total eligible Project Costs under this Plan in an amount equal to the total collected. Plan Implementation Projects identified will provide the necessary anticipated governmental services to the area. A reasonable and orderly sequence is outlined on the following page. However, public debt and expenditures should be made at the pace private development occurs to assure increment is sufficient to cover expenses. It is anticipated that developer agreements between the Village and property owners will be in place prior to major public expenditures. These agreements can provide for development guarantees or a payment in lieu of development. To further assure contract enforcement, these agreements might include levying of special assessments against benefited properties. The order in which public improvements are made should be adjusted in accordance with development and execution of developer agreements. The Village reserves the right to alter the implementation of this Plan to accomplish this objective. Interest rates projected are based on current market conditions. Municipal interest rates are subject to constantly changing market conditions. In addition, other factors such as the loss of tax-exempt status of municipal bonds or broadening the purpose of future tax-exempt bonds would affect market conditions. Actual interest expense will be determined once the methods of financing have been approved and securities or other obligations are issued. Project Plan TID No. 4 Creation Page 23 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

85 If financing as outlined in this Plan proves unworkable, the Village reserves the right to use alternate financing solutions as appropriate and legally available for the projects as they are implemented. Debt Service Schedules Village of Mukwonago, Wisconsin Tax Increment District No. 4 Lynch Redevelopment Summary of Debt Service as of 06/08/17 Debt Issue - $2.500 GO Note Debt Issue - $3.100 GO Note Debt Service Summary Remaining Principal Balance Year Principal Interest Principal Interest Principal Interest Debt Service 5,775, ,775, ,775, , , , ,775, , , , ,775, , , , ,775, , , , , , ,650, , , , , , ,520, , , , , , ,385, , , , , , ,250, , , , , , ,110, , , , , , ,965, , , , , , , , ,580, , , , , , , , ,180, , , , , , , , ,770, , , , , , , , ,345, , , , , , , , ,905, , , , , , , , ,460, , , , , , , , ,995, , , , , , , , ,515, , , , , , , , ,025, , , , , , , , , , , , , , , , ,675, , ,100, , ,775, ,541, ,316, *Note: Phase I & II debt service schedules are shown in the chart above. All Phase II debt schedules are conditional upon the successful development of Phase I. Project Plan TID No. 4 Creation Page 24 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

86 Increment Projection Village of Mukwonago, Wisconsin Tax Increment District No. 4 Lynch Redevelopment Summary of Increment as of 06/08/17 Assumptions Base Value = Creation Date = Estimated Tax Rate = Estimated Inflation Rate = $6,180,451 July 1, 2017 $ % Improvement Year Tax Value - Jan. 1 Value - Beginning of Year Value of Development Tax Increment Summary Inflation Increment Tax Increment Value Collection Year End of Year $6,180, ,180,451-6,180, ,180, , ,000 6,680, , ,680,451 8,500,000 1,250 9,001,250 15,181, , ,181,701 4,500,000 22,503 13,523,753 19,704, , ,704,204 33,809 13,557,563 19,738, , ,738,014 33,894 13,591,456 19,771, , ,771,907 33,979 13,625,435 19,805, , ,805,886 34,064 13,659,499 19,839, , ,839,950 34,149 13,693,647 19,874, , ,874,098 2,000,000 34,234 15,727,882 21,908, , ,908,333 7,500,000 39,320 23,267,201 29,447, , ,447,652 5,000,000 58,168 28,325,369 34,505, , ,505,820 2,000,000 70,813 30,396,183 36,576, , ,576,634 75,990 30,472,173 36,652, , ,652,624 76,180 30,548,354 36,728, , ,728,805 76,371 30,624,724 36,805, , ,805,175 76,562 30,701,286 36,881, , ,881,737 76,753 30,778,039 36,958, , ,958,490 76,945 30,854,985 37,035, , ,035,436 77,137 30,932,122 37,112, , ,112,573 77,330 31,009,452 37,189, , Estimated New Increment = $30,000,000 $1,009,452 $434,790,373 $564,579,844 $7,826,227 Value - Tax Rate ($1,000) Tax Increment Collected *Note: Phase I & II increment projections are both shown. Phase II shown in grey. All Phase II improvements are conditional upon the successful development of Phase I. Project Plan TID No. 4 Creation Page 25 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

87 Cash Flow Projections Village of Mukwonago, Wisconsin Tax Increment District No. 4 Lynch Redevelopment Summary of Sources & Uses as of 06/08/17 Assumptions Est. Int. on Investments = 0.20% Est. PV Rate = 3.50% Sources of Funds Uses of Funds Collection Year Tax Increment Other Revenue Investment Income Net Proceeds of L.T. Debt Capital Expenditures Admin. Transfers to Other Funds Debt Service Net Cash Flow TID Balance Principal Balance - Debt PV TID Cashflow ,775, , ,675,000 2,498,658 50,000 20, , ,342 5,775, , , ,000-72,625 39, ,970 5,775, , , ,000-72, , ,083 5,775, , , ,500-72, , ,546 5,775, , , ,500 33, ,625 9, ,952 5,650, , , ,500 33, ,125 7, ,489 5,520, , , ,500 33, ,525 5, ,254 5,385, , , , ,150 42, ,020 5,250, , ,102-1, , ,775 77, ,863 5,110, , ,810-1,172 3,100,000 3,035,000 5, , , ,069 4,965, , ,857-1,726-5, ,650 (25,567) 837,502 4,580, , ,131-1, , ,825 7, ,983 4,180, , ,499-1, , ,200 10, ,473 3,770, , ,870-1, , ,288 8, ,266 3,345, , ,245-1, , ,938 7, ,802 2,905, , ,623-1, , ,150 16, ,519 2,460, , ,005-1, , ,800 11, ,001 1,995, , ,390-1,800 5, ,850 11, ,841 1,515, , ,778-1, , ,450 17, ,493 1,025, , ,170-1, , ,750 18, , , , ,600 (535,600) 412, , ,826,227-24,453 5,775,000 5,533, , ,000 7,316, ,672 TID Costs excluding Debt Service: 5,896,158 *Note: Phase I & II cash flow projections are both shown. Phase II shown in grey. All Phase II improvements are conditional upon the successful development of Phase I. Project Plan TID No. 4 Creation Page 26 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

88 SECTION 11: Annexed Property There are no lands proposed for inclusion within the District that were annexed by the Village on or after January 1, SECTION 12: Proposed Zoning Ordinance Changes During 2016 the Mukwonago Village Board adopted Update to Comprehensive Plan 2035, pursuant to Wisconsin Statutes Section Proposed TID #4 is within the 130 acre area of the South Main Street/River South Key Area of the plan update. Key area properties are designated for a Low Intensity Commercial/Business Land Use with the opportunity to include residential units onto sites creating a mixed use development area. The developments creating the need for TID #4 conforms to the adopted comprehensive plan. The plan update text includes policy statements of standards for limitations on building heights of commercial/business and mixed use residential structures, and on dwelling unit density. Therefore, through plan implementation the Village will not exceed 35% residential coverage within TID #4. No further changes to zoning ordinances are expected to be required to implement the provisions of this project plan. SECTION 13: Proposed Changes in Master Plan, Map, Building Codes, and Village of Mukwonago Ordinances All properties within TID #4 have an existing base zoning district of B-2, General Business District. The B-2 base zoning is sufficient to implement the comprehensive plan this project plan. Early in 2017 the Village took steps to further implement the comprehensive plan by adopting zoning standards for Business Mixed-Use Development. In addition, the Village adopted new Planned Unit Development zoning standards that sets the process for approval of a Business Mixed-Use Development. No amendments to the building code are needed to implement the project plan of TID #4. The Village enforces the Uniform Building Code and the Uniform Building Code of the State of Wisconsin. No further changes to zoning ordinances are expected to be required to implement the provisions of this project plan. Project Plan TID No. 4 Creation Page 27 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

89 SECTION 14: Relocation It is not anticipated there will be a need to relocate persons or businesses in conjunction with this Plan. In the event relocation or the acquisition of property by eminent domain becomes necessary at some time during the implementation period, the Village will follow applicable Wisconsin Statues Section Chapter 32. SECTION 15: Orderly Development and/or Redevelopment of the Village of Mukwonago The District contributes to the orderly development and/or development of the Village by encouraging mixed-use development and by providing the opportunity for continued growth in tax base, job opportunities, and general economic activity. SECTION 16: List of Estimated Non-Project Costs Non-project costs are public works projects that only partly benefit the District are not eligible to be paid with tax increments, or costs not eligible to be paid with TIF funds. Examples would include: A public improvement made within the District that also benefits property outside the District. That portion of the total project costs allocable to properties outside of the District would be a non-project cost. A public improvement made outside the District that only partially benefits property whithin the District. That portion of the total project costs allocable to properties outside of the District would be a non-project cost. Projects undertaken within the District as part of the implementation of this Project Plan, the costs of which are paid fully or in part by impact fees, grants, special assessments, or revenues other than tax increments. The Village does not expect to incur any non-project costs in the implementation of this Project Plan. Project Plan TID No. 4 Creation Page 28 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

90 SECTION 17: Legal Opinion for the Creation of Tax Incremental District #4 by The Village of Mukwonago, Wisconsin Quarles & Brady LLP 411 East Wisconsin Ave. Milwaukee, WI June 7, 2017 Village of Mukwonago Village Hall 440 River Crest Court Mukwonago, WI Re: Project Plan for Tax Incremental District No. 4 in the Village of Mukwonago, Wisconsin Ladies and Gentlemen: We have acted as counsel to the Village of Mukwonago, Wisconsin (the Village ) in connection with the preparation of the proposed Project Plan for Tax Incremental District No. 4 of the Village (the Project Plan ). In this connection, we have reviewed the Project Plan, the law and such other documents as we deem necessary to enable us to give this opinion. We have relied on the statements of fact set forth in the Project Plan and the documents attached as exhibits to the Project Plan, without independent verification. We have not been engaged or undertaken to verify the reasonableness or accuracy of the assumptions, estimates or financial projections contained in the Project Plan, and express no opinion relating thereto. Based on our review, it is our opinion that the Project Plan for Tax Incremental District No. 4 is complete and complies with Section (4)(f) of the Wisconsin Statutes. QUARLES & BRADY LLP QB\ Project Plan TID No. 4 Creation Page 29 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

91 SECTION 18: Legal Description of Boundaries Being part of the Northeast one-quarter, and the Northwest one-quarter of Section 35, Town 5 North, Range 18 East, Village of Mukwonago, Waukesha County, Wisconsin bonded, and described as follows. Connecting at the Southeast corner of said Northeast one-quarter, thence Westerly along the South line of said Northeast one-quarter 517 feet more or less to the Westerly line of the Canadian National Railroad; thence Northerly along said Westerly line 533 feet more or less to the intersection of the Westerly line of the Canadian National Railroad, and the Northerly Line of Bay View Road, also being the Southeasterly corner of Lot 2 of Certified Survey May (C.S.M.) No. 9976, and The Point Of Beginning of the hereafter described lands; thence Westerly along the Northerly line of Bay View Road, 415 feet more or less to the Easterly line of Lot 1 C.S.M. 9976; thence Northerly along the easterly line of said Lot 1, of distance 194 feet more or less to the Northeasterly corner of said Lot 1; thence Westerly along the Northerly line of said Lot 1, a distance of 259 feet more or less to the Easterly line of Mukwonago Drive; thence Southerly along the Easterly line of Mukwonago Drive, 750 feet more or less to the intersection of the Easterly line of Mukwonago Drive and the Southerly line of the Northeast one-quarter, 550 feet more or less to the Easterly line of lands designated by Tax Key Number (TKN) MUKV ; thence Northerly along the Easterly lines of lands designated by TKN s MUKV , MUKV , MUKV , a distance of 472 feet more or less to the Southerly line of Bay View Road; thence Northerly, 68 feet more or less to the intersection of the Northerly line of Bay View Road and the Easterly line of lands designated by TKN MUKV ; thence Northerly along said Easterly line, 2013 feet more or less to the Southerly line of lands designated by TTKN MUKV200968; thence Easterly along said line, 32 feet more or less to the Southeasterly corner or said lands; thence Northerly along the Easterly line of said lands, 310 feet more or less to the Northeasterly corner of said lands; thence Westerly along the Northerly line of said lands, 467 feet more or less to the easterly line of county Road ES; thence Southerly along Easterly line, 181 feet more or less to a Southerly line of lands designated by TKN MUKV ; thence Easterly along said lands, 189 feet more or less to a Westerly line of said lands; thence Southerly along said Westerly line, 125 feet more or less to the Northerly line of lands designated by TKN MUKV ; thence Westerly along said Northerly line 63 feet more or less to the Westerly line of said lands; thence Southerly along the Westerly line of said lands, 103 feet more or less to the Northerly line of Bay View Road; thence Westerly along said Northerly line, 218 feet more or less to the intersection of the Northerly line of bay View Road and the Easterly line of County Road ES; thence Northwesterly, 124 feet more or less to the intersection of the Northerly line of bay View Rod and the Westerly line of County Road ES; thence Westerly along the Northerly line of Bay View Road, 350 feet more or less to the Easterly line of C.S.M. 6616; thence Northerly along said easterly line, 236 feet more or less to the Northeasterly corner of said C.S.M.; thence Westerly along the Northerly line of said C.S.M., 162 feet more or less to the Southeasterly line of the Canadian National Railroad; thence Northeasterly along said Southeasterly line, 176 feet more or less to a point of curve; thence continuing along said Southeasterly line and said curve to the right, 1,141 feet more or less to the intersection of the Southerly line of the Canadian National Railroad and the Westerly line of county Road ES; thence Easterly and perpendicular to said Westerly line, 110 feet more or less to the Easterly line of said road; thence Southerly along said easterly line, 492 feet more or less to a jog in the right-of-way of County Road ES; thence Easterly along said right-of-way, 8 feet more or less; thence Southerly along the easterly line of said road, 1,124 feet more or less to the Southerly line of lands designated by TKN MUKV200999; thence Easterly along said Project Plan TID No. 4 Creation Page 30 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

92 Southerly line, 163 feet more or less to the easterly line of said lands; thence Northerly along said easterly line, 124 feet more or less to the Southerly line of Lot 11 of the subdivision plat of river Crest Center, thence Easterly along said Southerly line, 238 feet more or less to the easterly line of said Lot 11; thence Northerly along said Easterly line, 97 feet more or less to the Southerly line of Lot 9 of said subdivision plat; thence Easterly along said Southerly line, 14 feet more or less to the Southeasterly corner of said Lot 9; thence Easterly along the Southerly lines of Lots 8, 7, and 6 of said subdivision plat, 777 feet more or less to the Westerly line of the Canadian National Railroad; thence Southerly along said westerly line, 519 feet more or less; thence Westerly along said westerly line, 5 feet more or less; thence Southerly along said westerly line, 500 feet more or less to the Point Of Beginning. Containing 47.7 acres more or less of land. Tax Key Numbers included in this description: MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKVI , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV , MUKV Note: Any and all lands currently delineated as wetlands, as defined by Wis. Stat defining wetlands in Wisconsin, will not be included nor intended for any purposes of development within the district pursuant to Wis. Stat (2)(k)(1). Project Plan TID No. 4 Creation Page 31 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

93 SECTION 19: Calculation of the Growth of Tax Increments By Taxing Entity Revenue (Collection) Year Increment Village State Waukesha County *Note: The figures above include growth assumptions for Phase I & II. Phase II improvements are conditional upon the successful development of Phase I. *The projected figures above conceptualize how each taxing entity will benefit from the increasing tax increments. All values would not be created for the mutual benefit of all taxing jurisdictions but for the creation of TID #4. MASD WCTC 40.15% 0.96% 10.51% 46.43% 1.94% ,000 3, , ,023 65,058 1,560 17,033 75,229 3, ,428 97,745 2,344 25, ,026 4, ,036 97,990 2,350 25, ,308 4, ,646 98,235 2,355 25, ,591 4, ,258 98,480 2,361 25, ,875 4, ,871 98,726 2,367 25, ,160 4, ,486 98,973 2,373 25, ,446 4, , ,676 2,726 29, ,447 5, , ,168 4,032 44, ,457 8, , ,727 4,909 53, ,731 9, , ,694 5,268 57, ,038 10, , ,243 5,281 57, ,673 10, , ,794 5,294 57, ,310 10, , ,346 5,307 57, ,948 10, , ,899 5,320 58, ,588 10, , ,454 5,334 58, ,229 10, , ,010 5,347 58, ,872 10, , ,567 5,360 58, ,517 10, , ,126 5,374 58, ,163 10,828 7,826,227 3,142,523 75, ,750 3,633, ,818 Project Plan TID No. 4 Creation Page 32 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

94 SECTION 20: Planned Zoning for River South District (Includes TID #4) As Shown In the 2016 Updates to the Village of Mukwonago Comprehensive Plan Project Plan TID No. 4 Creation Page 33 Village of Mukwonago Submitted by the Village of Mukwonago [Submittal Date TBD]

95 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) June 7, 2017 Fred Winchowky, Village President Village of Mukwonago 440 River Crest Court Mukwonago, WI Re: Proposed Village Center Overlay Zoning District/Referral from Village Board Dear President Winchowky and Members of the Plan Commission: The Village Board held the public hearing to consider the Village Center Overlay Zoning District (VCOZD) on May, 16, After the hearing the Village Board referred the matter to the Plan Commission for review and consideration of the public comments presented at the hearing. Previously the Commission recommended approval of the amendment. Public comments can be condensed into two categories, which are: 1. Should not adopt amendment until a comprehensive design plan is completed for the downtown and concurrence is reached about either widening or changing jurisdiction of Highway Suggestions of improvements to the standards. In relation to the former, Village resident Roger Walsh has requested time to address the Commission. To Proceed or Not Proceed I recommend the Plan Commission respond to the Village Board to proceed with adoption of the proposal, with modifications as suggested later in this report. While I concur an overall comprehensive design plan for the downtown should be prepared (as per Chapter 10 of the 2009 Comprehensive Plan), the stakes are too high for the Village to wait until a design plan is completed and until we know what decision will result from the Wisconsin Department of Transportation (DOT). Unlike the Update to the Comprehensive Plan with a process directed by the Public Participation Plan and State law, there is no such exact blueprint for a downtown plan; a plan process could take six months or six years to prepare. The Village was heading toward a downtown design and branding plan in 2012 with an economic subcommittee of the Highway 83 Stakeholders Advisory Committee. Although the Highway 83 committee created a list of 10 strategic plan steps for the downtown, movement toward a downtown design and branding plan lost steam for various reasons. The same could happen with a new downtown planning process. In working with DOT, I know many of us like to believe local government should drive the bus. However, it does not work that way. Local government is subservient to the State and DOT. In my position, I work with everyone, from all sides and perspectives. During this time of economic growth, I know owners of at least five downtown/village Center properties that are pondering either property improvements or redevelopment. All of them are aware of the proposed VCOZD, although to date they have chosen to stay out of the public debate, which is typical of anyone with a pending development. One common

96 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) statement from Village residents over the years is a dislike of the Cousins Subs building. Recently dislike for the new Forward Dental building has been expressed. Without the VCOZD, both buildings could be repeated. On the other hand, at least with newer zoning standards dating to the early 2000 s, the Forward Dental building and site has durable and sustainable building materials, more off-street parking, much more greenspace and landscaping and a single controlled access point which removed vehicle movement conflicts with Highway 83 traffic flow. I contend regardless of public opinion about building design, the Forward Dental redevelopment has been a tremendous upgrade. It bookends the Hannah Home Health Care building at the north end of the retail center, which was once a gas station. Beside setback and bulk standards that will allow improvements or redevelopment to be consistent with most of the older downtown structures, the VCOZD sets parameters to allow or deny demolitions, encourages green roofs, refers to the use of current business zoning district design standards and provides a framework to adopt more stringent standards, and requires the creation of pedestrian connections (in concert with the list of permitted uses to create a desirable walkable downtown). That section of the draft (paragraph h) was written with the intent that additional design guidelines will be adopted without the need to amend the VCOZD. The concept of the VCOZD was one of the recommendations of the aforementioned Highway 83 committee. The committee created a strategic plan of 10 steps to follow, no step more or less important than the other which included preparation of a design plan and the VCOZD. Both a design plan and the VCOZD are implementation tools of the committee s strategic plan. Potential Downtown Comprehensive Design Plan It is not the purpose of this agenda item to determine if the Village should proceed with a detailed and comprehensive design plan. If the Commission desires, that item can be added to a future agenda for review and recommendation to the Village Board. In the context of deciding to proceed or not proceed with the VCOZD, I provide the following points about a potential downtown comprehensive design plan. 1. A consultant experienced in downtown design would be needed to facilitate the process. I estimate the consultant cost to be at least $50, The process will need a champion or set of champions from the community to maintain the synergism of the stakeholders committee formed to oversee the process. Based on my past experience, the champion should not be any elected or appointed official of the Village. 3. Previous preparation of information will provide a great start to proceed with a downtown design plan. The information includes the Highway 83 strategic planning points, a mission statement prepared by the economic subcommittee and a draft of design guidelines prepared by the former Historic Preservation Commission. Suggested Improvements to the VCOZD Public hearing comments and other comments I personally received from citizens and business owners offered suggestions to improve the VCOZD standards. The below points offer my perspective about the comments that I recommend be considered by the Plan Commission.

97 Village of Mukwonago Office of the Village Planner P.O. Box 206, 440 River Crest Court, Mukwonago, Wisconsin (262) Fax: (262) Late in the review process the Plan Commission changed upper floor residential units from a permitted use to a conditional use. Several citizens commented that if one of the objectives is to allow more residential in the downtown creating customers and pedestrian traffic, then all residential should be allowed via a permitted use. I concur. 2. Specialty and Technical Schools are permitted only on upper floors or not facing a street within the current draft. The intent is to not have schools that might not create lots of constant foot traffic, located along the street. Comments stated there are current schools in the downtown that create constant traffic and bring people into the downtown. I concur. I am currently considering alternative changes to resolve this matter to be presented at the meeting. 3. Similar to point #2 above, the VCOZD draft prohibits offices without customer traffic at street level. Comments stated several existing downtown offices add to the amount of downtown employees, and that certain buildings are only designed for offices. While language in the draft allows the Plan Commission to allow street level offices, that provision is not readily apparent within the list of permitted and conditional uses. I will present suggested changes at the meeting. I thank you for your time to consider these important matters toward a positive future of the Village. If any questions arise, please feel free to contact me. Sincerely, Bruce S. Kaniewski, AICP Village Planner/Zoning Administrator

98 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin May 16, 2017 Village Board Minutes Page 2 of 8 Public hearing for an ordinance to repeal and recreate of Sec and repeal Sec of the Municipal Code of the Village of Mukwonago pertaining to the creation of a Village Center Overlay Zoning District opened at 6:33 p.m. Kaniewski presented the ordinance creating a Village Center Overlay Zoning District. Overlay zoning means a zoning district that provides for specific regulations to be applied to a designated area in combination with the requirements of the underlying or base zoning district. The overlay zoning district was one of the recommendations of the STH 83 Stakeholders Advisory Committee in 2011/2012, and then recommended for consideration by the Village Plan Commission and Economic Development Committee. The primary objectives of the ordinance are: Create zoning standards consistent with historic development of downtown. Remove nonconforming status of most properties that allows improvements, additions or redevelopment consistent with existing conditions; majority of properties do not conform to current setbacks. Restore setback standards of former Fire District Zoning for downtown. Encourage street level activity with 1 st floor uses that have customer and business activity. Reduce off-street parking requirements for small businesses and encourage shared parking. Continuation of a strong residential perimeter through removing nonconforming status of most homes that promotes improvements and maintenance. Robert Pautz, 306 Pearl Ave. Spoke against redevelopment of the downtown. Eliza Pautz, 306 Pearl Ave. Spoke against redevelopment of the downtown. Asked the Board for a design committee for the downtown. John Schmidt, 412 Franklin St. Asked the Board to work on the STH 83 transfer and design plan before this ordinance is adopted. Marianne Walsh, 142 Oakland Ave. Had concerns with the ordinance. Some good, some bad elements. Encouraged historic preservation. Amanda Brissette, 300 Oakland Ave. Asked the Board to put this ordinance on hold until a master downtown design and the STH 83 transfer and design plan has been completed. Roger Walsh, 142 Oakland Ave. Asked the Board to table the ordinance until a strategic plan for the downtown has been created. Public hearing closed at 7:26 p.m. Presentations Tree City presentation Kim Sebastian, Wisc DNR, presented the first Tree City USA award. Waukesha County Board presentation Darlene Johnson, Waukesha County Supervisor for District 25, presented a report on various topics she is dealing with as County supervisor. Comments from the Public None.

99 ORDINANCE NO. XXX AN ORDINANCE TO AMEND SECTIONS , , AND OF CHAPTER 100 OF THE VILLAGE OF MUKWONAGO MUNICIPAL CODE, KNOWN AS THE ZONING ORDINANCE, PERTAINING TO THE CREATION OF VILLAGE CENTER OVERLAY ZONING STANDARDS AND ELIMINATION OF THE FIRE DISTRICT OVERLAY DISTRICTS WHEREAS, the Village of Mukwonago from time to time reviews regulations pertaining to the orderly development of various areas of the community; and WHEREAS, starting with the STH 83 Stakeholders Advisory Committee formed to recommend alternatives to improve STH 83 through downtown Mukwonago, and continued by the Village Plan Commission and the Village Economic Development Committee, with recommendation from Village staff, it has been determined that consistent zoning standards are necessary in the interest of orderly development and continued vitality of the downtown; and WHEREAS, the Plan Commission and Economic Development Committee recommended the implementation of a Village Center Overlay Zoning District that establishes uniform zoning standards to accommodate pedestrian oriented retail businesses and other uses located in a multi-purpose environment within the center of the Village; that recognizes the unique character of platting, land use and development within the Village Center; and that necessitates specialized standards to sustain a unique place; and WHEREAS, the Plan Commission and Economic Development Committee, with Village staff recommendation, agreed that updated Fire Safety Code no longer necessitates the need for fire district overlay zoning standards; and WHEREAS, at a regularly scheduled meeting of February 14, 2017 the Plan Commission recommended to the Village Board that the Chapter 100 of the Municipal Code be amended as provided here-in. NOW, THEREFORE, the Village Board of Trustees of the Village of Mukwonago, Waukesha and Walworth Counties, Wisconsin, pursuant to a public hearing held on February 21, 2017, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section (a) of Chapter 100 of the Village of Mukwonago Municipal Code, entitled Established, boundaries, shall be removed, and in its entirety replaced with new Section (a) Chapter 100 attached as Exhibit A. SECTION II. Section of Chapter 100 of the Village of Mukwonago Municipal Code, entitled BFD 1/2 Business Fire Overlay District, shall be removed, and in its entirety replaced with new Section of Chapter 100 attached as Exhibit B. SECTION III. Section of Chapter 100 of the Village of Mukwonago Municipal Code, entitled MFD 1 Limited Industrial Fire Overlay District, shall be repealed in its entirety. SECTION IV. Section of Chapter 100 of the Village of Mukwonago Municipal Code, entitled MFD 2 Light Manufacturing Fire Overlay District, shall be repealed in its entirety.

100 SECTION V: SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section shall be declared by a Court of competent jurisdiction to be invalid, such decisions shall not affect the validity of other portions of the ordinance. SECTION VI: CONFLICTS. All Ordinances or parts of Ordinances contravening the terms and conditions of this ordinance are hereby to that extent repealed. SECTION VII: EFFECTIVE DATE. This ordinance shall take effect upon passage and publication as approved by law, and the Village Clerk shall so amend the Code of Ordinances of the Village of Mukwonago, and shall indicate the date and number of this amending Ordinance herein. Passed and adopted this day of Fred Winchowky, Village President Attest: Steven A. Braatz, Jr., Village Clerk Date Adopted: Date Published: Date Effective:

101

102 Sec Established; boundaries. Exhibit A to Ordinance No. XXX (a) For the purpose of this chapter, the Village of Mukwonago is hereby divided into the following zoning districts: A-1 Agricultural District R-1 Single-Family Community Residential District R-2 Single-Family Village Residential District R-3 Single-Family/Duplex Residential District R-4 Planned Residential Development District R-5 Planned Mobile Home District R-7 Single-Family Intermediate Residential District R-8 Single-Family Estate Residential District R-9 Single- and Multifamily Rural Residential District R-10 Multifamily Residential District B-1 Neighborhood Business District B-2 Business District B-3 Community Business District B-4 Rural Business Design District VC Village Center Overlay Zoning District M-1 Limited Industrial District M-2 Light Industrial District M-3 General Industrial District M-4 Medium/Heavy Industrial District M-5 Heavy Industrial District P-1 Public and Semipublic District S-W FW FF GFD Floodplain/Shoreland-Wetland District Floodway District Floodfringe District General Floodplain District

103 Exhibit B to Ordinance No. XXX Section Village Center Overlay Zoning District (a) Intent. The intent of this Village Center Overlay Zoning District is to establish uniform zoning standards to accommodate pedestrian oriented retail businesses and other uses located in a multi-purpose environment within the center of the Village of Mukwonago; that recognizes the unique character of platting, land use and development within the Village Center; and that necessitates specialized standards to sustain a unique place. This overlay district is further intended to supersede standards of the Base Zoning District that allows an intensively developed, compact area consisting primarily of retail businesses with multi-purpose development where appropriate and maintains the surrounding residential neighborhood supporting the unique Village Center. (b) Boundary of Village Center Overlay Zoning District. The standards of Village Center Overlay Zoning District within this Section shall apply to and include properties as shown on the map marketed as Exhibit 1 on file in the office of the Village Clerk, with the following general boundaries: (1) North: Washington Avenue, extending to include the Pearl and Grand Avenue Historic District (2) East: Canadian National Railroad Tracks (3) South: Mukwonago River (4) West: Shore Line of Lower Phantom Lake (c) Scope of Regulations. The provisions of this Section shall be in effect on a property or properties within the boundary of the Village Center Overlay Zoning District under any of following conditions: (1) Change in Use. When the existing use of any building, structure or land is changed to a new permitted use or conditional use in accordance with Section (f), all provisions of this Section shall apply to the new use. In a building or structure with multiple uses or tenants, the new use shall conform to Section (f) without impacting any existing business or businesses existing in the same building or structure. If any existing use not allowed as a permitted use or conditional use by Section (f) located in the same building or structure with a new use as of (effective date of ordinance), the existing use may continue as a non-conforming use until the use vacates the building or structure. (2) Enlargement of Use. The provisions of this Section shall apply when the intensity of use of any building, structure, or land is increased through additional floor area, seating capacity or additional residential dwelling units. However, buildings and structures with a use currently existing and permitted in the Base Zoning District as of (effective date of ordinance) that is not allowed as a permitted use or conditional use by Section (f) may be allowed to enlarge in accordance with the bulk standards of 1

104 this Section (g), and the non-conforming use may remain. Any new use occupying the enlargement shall conform to all standards of this Section (3) New Construction. The provisions of this Section shall apply to all buildings and structures erected and all uses of land (including the construction of new parking and loading facilities) established after (effective date of ordinance). (4) Pre-Existing Residential Uses. Buildings and structures with residential as the primary use existing at the time of adoption of this Section within the B-1, B-2 or M-1 base zoning district, and located within the boundary of this overlay district, may continue in a residential use and shall be allowed to make building and property improvements to maintain proper habitation. (5) Benefit of Property Ownership. Any property owner may select to comply with this Section at any time, regardless of the other scope of regulations of this Section (c). (6) Application of M-1 or M-2 zoning within the Multi-Purpose Perimeter Sub-District. Properties with the Base Zoning District of M-1 or M-2 within the Multi-Purpose Perimeter sub-district shall request and receive a zoning district boundary change to either the B-1 or B-2 zoning district before any enlargement of use or new construction. The use or uses shall be subject to B-1 or B-2 standards with the optional standards of this Village Center Overlay Zoning District. (d) Sub-Districts of the Village Center Overlay Zoning District. To achieve the intent of the Village Center Overlay District and to recognize the historic development pattern of the Village Center with a core of retail establishments, sub-districts are created as shown on Exhibit A; on file in the office of the Village Clerk. The sub-districts of the Village Center Overlay District are as follows: 1. Retail Center 2. Multi-Purpose Perimeter 3. Residential Perimeter (e) Purpose of the Sub-Districts. Administration of the allowable uses, performance standards and bulk standards of this Section shall be based on the following purpose statements of each sub-district in addition to the overall intent statement of the Village Center Overlay Zoning District. (1) Retail Center. It is the purpose of the Retail Center to create street level activity by permitting a range of businesses on the ground floor or first floor space of buildings facing the public street primarily of retail character that sell or provide services directly to customers on the premises or serves as a third-place establishment. Businesses that do not create customer traffic are encouraged to locate within the Retail Center on upper floors or the ground floor or first floor space of buildings that do not face the public street. Nonetheless, businesses without customer traffic may be allowed by approval of the Plan Commission if the business adds significance to the Village Center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is 2

105 designed for an office environment. Residential dwelling units are encouraged on the upper floors of the Retail Center. Several buildings within the Retail Center may be encouraged to remain to enhance the cultural heritage of the Village while other buildings are encouraged to be redeveloped or expanded. In addition, it is the purpose of the Retail Center to preserve the two buildings listed on the National Register of Historic Places, and to promote the cultural heritage of the Village of Mukwonago by maintaining buildings and uses that have been and will continue to be important elements within the Village Center. (2) Multi-Purpose Perimeter. It is the purpose of the Multi-Purpose Perimeter to create a mixture of business uses (such as retail, third-places, office services and corporate offices) combined with residential at higher densities than allowed elsewhere in the Village creating a consistent activity level and a market for the Retail Center and the Multi- Purpose Perimeter. Facing the major traffic corridors of Rochester Street and Main Street, businesses located on the ground floor or first floor of buildings shall meet the same criteria as the Retail Center with the purpose of creating street level activity; except by approval of the Plan Commission if the business adds significance to the Village Center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is designed for an office environment. Several buildings within the Multi-Purpose Perimeter may be encouraged to remain to enhance the cultural heritage of the Village while other properties are encouraged to be redeveloped or expanded. Conversion of existing homes to low intensity business uses is encouraged (such as professional offices and Bed and Breakfast establishments). (3) Residential Perimeter. It is the purpose of the Residential Perimeter to preserve and protect the important residential areas surrounding the business center of the Village by identifying the Pearl and Grand Avenue Historic District and allowing homes to be maintained and improved that otherwise are non-conforming pursuant to the required setbacks of the Base Zoning Districts. (f) Allowable Uses within Sub-Districts. The standards within this Section (f) shall apply to uses allowed as permitted uses or conditional uses per sub-district of the Village Center Overlay Zoning District, as permitted uses and conditional uses are administered in this Chapter 100. Uses specifically prohibited per sub-district are listed as not permitted. (1) General List of Allowable or Not Permitted Uses. The following general categories of uses are allowed per sub-district as permitted uses or conditional uses, or not permitted, within the criteria and performance standards of this Section (f). When a question arises if a use conforms to this Section (f)(1), please see the specific list of Section (f)(2). 3

106 Type of Use (See Section (4) for description) Business with on-site customers; ground floor or 1 st floor use facing street Business with onsite customers; ground floor or 1 st floor use not facing street Business with onsite customers; upper floor use above 1 st floor Business without on-site customers; ground floor or 1 st floor use facing street Business without on-site customers; ground floor or 1 st floor use not facing street Business without on-site customers; upper floor use above 1 st floor Residential; ground floor or 1 st floor facing street Residential; ground floor and 1 st floor not facing street Retail Center Sub-Districts Multi-Purpose Perimeter Residential Perimeter Permitted Permitted Not Permitted Permitted Permitted Not Permitted Permitted Permitted Not Permitted Not Permitted; except as allowed by Plan Commission per criteria of Section (e)(1) Not Permitted facing Rochester Street or Main Street; Permitted Elsewhere Not Permitted Permitted Permitted Not Permitted Permitted Permitted Not Permitted Not Permitted Conditional Use; including on-site parsonage for rector of church or religious institution Conditional Use, except existing may continue as a permitted use Permitted As Allowed for either Single Family, Two-Family or Multi-Family in the Base Zoning District* As Allowed for Single Family, Two- Family or Multi- Family in the Base Zoning District* 4

107 Type of Use (See Section (4) for description) Residential; upper floor above 1 st floor Retail Center Conditional Use; including on-site parsonage for rector of church or religious institution Multi-Purpose Perimeter Permitted Residential Perimeter As Allowed for Single Family, Two- Family or Multi- Family in the Base Zoning District* *Single Family, Two-Family or Multi-Family shall be allowed as a permitted use or conditional use, or not permitted, in accordance with the allowable uses of the Base Zoning District. Any new single family residential construction; any new two-family residential construction or conversion of a single family residence to a two-family structure shall require a minimum lot size of 8,712 square feet. Any new multi-family structure construction or conversion of a single family or two-family residence to a multi-family structure shall require a minimum lot size of 18,000 square feet. (2) Specific List of Allowable or Not Permitted Uses. The following is a list of specific uses allowed either as a permitted use or a conditional use, or not permitted, within the sub-districts of the Village Center Overlay District. The purpose of this list to clarify when a specific use is deemed appropriate or not appropriate to comply with the general list of allowable or not permitted uses, the intent of this Section and the purposes of the sub-districts. Furthermore, any permitted use or conditional use listed below shall conform to standards of (f) (1) and (4) for a business location within a building with or without on-site customers except with Plan Commission approval pursuant to the criterial of Section (e)(1) and (2), or residential shall conform to standards of Section (f) (1) and (5) for location within a building. Sub-Districts Type of Use Retail Center Multi-Purpose Perimeter Residential Perimeter Adult Family Not Permitted Permitted in Permitted Home* Residential Animal (small) Not Permitted Conditional Use Not Permitted Boarding Animal/Veterinary Not Permitted Conditional Use Not Permitted (small) Clinic Animal (small) Not Permitted Permitted Not Permitted Grooming Bed and Breakfast Not Permitted Permitted Conditional Use Business/Office Use Permitted Permitted Not Permitted Car Wash Not Permitted Not Permitted Not Permitted Church or Religious Institution Not Permitted Not Permitted; except existing may continue as Permitted Not Permitted, except existing may continue as Permitted 5

108 Type of Use Retail Center Multi-Purpose Perimeter Community Living Not Permitted Permitted in Arrangement, Residential eight or fewer persons* Community Living Arrangement, nine or more persons* Not Permitted Conditional Use in Residential Residential Perimeter Permitted Conditional Use Contractor Not Permitted Conditional Use Not Permitted Clubs and Lodges Not Permitted Permitted Not Permitted Cultural Conditional Use Permitted Permitted Institution Day Care Not Permitted Conditional Use Not Permitted Drive-thru Facility, accessory to a principal use Conditional Use Conditional Use Not Permitted Family Daycare Home* Foster Home and Treatment Foster Home* Not Permitted Not Permitted Permitted in Residential Permitted in Residential Permitted Permitted Funeral Home Not Permitted Conditional Use Not Permitted Government Permitted, Upper Permitted Not Permitted Office Floors or Not Facing Street Health Clinic Permitted Permitted Not Permitted Home Permitted in Permitted in Permitted Occupation* Residential Residential Household Permitted Permitted Not Permitted Appliance Repair, if accessory to a principal use Hotel Permitted Permitted Not Permitted Medical Office Permitted Permitted Not Permitted Motor Fuel Dispensing Station Conditional Use Conditional Use Not Permitted Laundromat Not Permitted Permitted Not Permitted Outdoor Seating with Food or Drink Service Conditional Use Conditional Use Not Permitted Professional Permitted in Permitted in Permitted Home Office* Residential Residential Public Museum Not Permitted Permitted Not Permitted Second Hand Not Permitted Permitted Not Permitted Store Seasonal Market Permitted Permitted Not Permitted 6

109 Type of Use Retail Center Multi-Purpose Perimeter Residential Perimeter Schools (K-12 Not Permitted Not Permitted Not Permitted public, parochial or private) Schools** Permitted, Upper Permitted, Upper Not Permitted (Specialty or Technical) Floors or Not Facing Street Floors or Not Facing Street Social Service Permitted Upper Permitted Not Permitted Agency Temporary Uses (see standards below) Theater (movie or live entertainment), Indoor Floors Only Permitted Permitted Not Permitted Conditional Use Permitted Not Permitted *Pursuant to compliance with the detailed standards for the use as stated in the Base Zoning District or the general standards of Chapter 100. **Except Schools with students arriving and leaving on a regular basis to provide constant store front activity shall be permitted with approval of the Plan Commission. (3) Prohibited Uses. The following list of uses are specifically prohibited within any subdistrict of the Village Center Overlay Zoning District: Automobile and other Vehicle Sales; Automobile and other Vehicle Repair; Adult Cabaret; Adult Entertainment; Adult Book, Magazine or Video Sales or Rentals; Tool Rental Facility and any use selling or providing an illegal product or service. (4) Performance Standards for Allowed Uses. All uses allowed as either a permitted use or a conditional use within the sub-districts of the Village Center Overlay District shall comply with the following performance standards. a. A business with on-site customers means an enterprise, company, firm or organization engaged in the sale of new products and/or rendering services directly to the public and/or customers at the location of the business within the Village Center. A business with on-site customers shall have regular and consistent hours of operation open to the public in relation to other Village Center businesses, with the objective of attracting customers within the hours of 9:00 A.M. to Midnight, which provides the Village Center with consistent street level pedestrian and traffic activity. Common terms for a business under this category may include retail or commercial establishment, a business office, general service, health care, and accommodation, food service or drinking establishments. Third-place businesses are encouraged that provide an alternate to community citizens beyond home and employment to congregate, meet and enjoy the presence of friends and other members of the community. Examples of third-place businesses include a restaurant with a bar, a craft store that holds classes teaching knitting or scrap booking, or a hobby store that holds classes teaching model railroading. 7

110 b. A business without on-site customers means an enterprise, company, firm or organization engaged in the sale of new products and/or rendering services to the public off-site away from the location of the business within the Village Center, and may have customers at the location of the business within the Village Center. A business without on-site customers shall have regular and consistent hours of operation at the location of the business in relation to other Village Center businesses without on-site customers. Common terms for a business under this category may include a business office, office research, general service, health care and social assistance. Nonetheless, businesses without customer traffic may be allowed by approval of the Plan Commission if the business adds significance to the Village Center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is designed for an office environment. c. A ground floor or 1 st floor use facing street means a use with an exterior building wall side facing or along a public right-of-way, which is partially or fully below street level or is at street level. d. A ground floor or 1 st floor use not facing a street means a use without any exterior building wall side facing or along a public right-of-way. If a use only has an entrance facing or along a public right-of-way, with the entrance leading to the use via a corridor or stairwell, the use is considered a ground floor or 1 st floor use not facing a street. e. An upper floor use means any use located within a building above the 1 st floor with accessibility via a stairwell or elevator. f. Wholesaling or jobbing shall be permitted only where retailing is the primary use of the premises. The manufacture, assembly, processing or packaging of goods shall be permitted only when accessory to a permitted use or conditional use. All goods produced on the premises shall be sold at retail on the premises. g. All business, servicing, storage and display of goods shall be conducted within completely enclosed buildings. The following activities and uses are exempt from this requirement. 1. Accessory off-street parking and loading. 2. Outdoor seating provided by a restaurant, or any other eating or drinking establishment. Any outdoor seating requires a conditional use. 3. Any unified special community event that encourages outside display of goods, not to exceed three consecutive days. h. Uses that meet the criteria for permitted uses within this Section (d) shall be approved by the Zoning Administrator. The Plan Commission shall have the final authority if there is any question if a use meets the criteria for a permitted use. i. Any use forwarded to the Plan Commission for final determination may be remanded by the Plan Commission for conditional use consideration if deemed the proposed use requires addition review via a public hearing before final consideration. 8

111 (5) Performance Standards for a Temporary Use. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal use within an enclosed building when such activities are desirable and beneficial for the community for limited periods of time. Examples of a temporary use include a health clinic and temporary inoculation center, seasonal sales or display, and use of a temporarily vacant business space for a short term use such as an art gallery or seasonal sales of decorations. Allowance of temporary uses does not supersede regulations pertaining to specific temporary uses included in other code sections of Chapter 100, or other building and health and safety codes. No construction activity or building alterations shall occur to facilitate the temporary use. The Zoning Administrator may take actions to cease operation of any temporary use that does not conform to the standards of this paragraph. (6) Performance Standards for Residential. Residential allowed as a permitted use or a conditional use within the sub-districts of the Village Center Overlay Zoning District, shall comply with the following performance standards. Residential shall mean an single family building, an individual dwelling unit or group of dwelling units within a mixed use building with business as the main ground floor or 1 st floor use, or within a building primarily designed for multi-family residential. a. Within the Retail Center and Multi-Purpose Perimeter sub-districts, there shall not be any limitation on the number of residential dwelling units within a building or on a property, subject to compliance with permitted use or conditional use criteria, minimum living area standards, bulk regulations and parking regulations of this Section b. Residential within the Retail Center sub-district shall be located only within a building having permitted business space. c. Residential shall conform to all other applicable State of Wisconsin and Village codes for residential construction and public safety. d. Within the Retail Center sub-district, a church or religious institution shall be limited to one dwelling unit for an on-site parsonage for rector and rector s family of a church or religious institution. Rector means the spiritual leader of a church or religious institution. e. Within the Retail Center, Institutional Center or Multi-Purpose Perimeter sub-districts, each residential dwelling unit shall have a minimum living area of 750 square feet for a one-bedroom or efficiency unit, or a minimum of 950 square feet for a two-bedroom unit or more than two-bedroom unit. Any studio apartment residence at a minimum living area of 600 square feet shall require a conditional use. f. Within the Residential Perimeter sub-district, the number of residential dwelling units within a building or on a property shall be subject to the regulations of the Base Zoning District for single family, two-family or multi-family, whichever applies. g. A Secondary Suite is allowed in a single family dwelling within the Residential Perimeter sub-district as defined in this Chapter 100 and allowed in accordance to the standards of the base zoning district. 9

112 h. The location of residential within a building shall conform to the descriptions of Section (f) (4), (c), (d) and (e) in regards to ground floor or 1 st floor use facing or not facing a street, or upper floor use. (g) Bulk Regulations. (1) Bulk regulations for lot area requirements, building setbacks and building size per subdistrict within the Village Center Overlay Zoning District are as follows: Retail Center Lot Area Requirements Minimum Lot Area None, except sufficient size required for the allowable building Minimum Lot Width Minimum Lot Dimensions Maximum Lot Coverage, Buildings Only Minimum Green Space Building Setbacks Minimum Street Yard**** Minimum Interior Yard Minimum Rear Yard Building Size None, except each lot shall have sufficient frontage along a public street Multi-Purpose Perimeter None, except sufficient size required for the allowable building None, except each lot shall have sufficient frontage along a public street Residential Perimeter 8,712 square feet for Single Family and Two-Family, 18,000 for Multi- Family* 66 feet, except wider lot may be required if multifamily allowed None None None 100 Percent, except as listed below None, except as listed below** None, except as listed in (2) below None, except as listed in (2) below None, except as listed in (2) below 100 Percent, except as listed below None, except as listed below** None, except as listed in (2) below None, except as listed in (2) below None, except as listed in (2) below 50 Percent 30 Percent Existing Condition or requirement of the Base Zoning District, whichever is less*** Existing Condition or requirement of the Base Zoning District, whichever is less*** Existing Condition or requirement of the Base Zoning District, whichever is less*** 10

113 Maximum Height 3 stories or 35 feet 3 stories or 35 feet 30 feet Minimum Height 2 stories 2 stories None Retail Center Multi-Purpose Perimeter Residential Perimeter Minimum Floor Area of Principal Building As required by Base Zoning District 1,200 square feet or larger to be proportionate to lot size 2,000 square feet or larger to be proportionate to lot size *See Section (f) (1) for additional standard of when single-family, two-family and multi-family are allowed, and additional minimum lot size standards if allowed, in the Residential Perimeter. **Green space exceptions: May be required for storm water management or parking lot or as required under site plan review. ***Existing condition means the building setbacks for the principal structure on the property existing at the time of the adoption of this Section Furthermore, an addition to a principal structure or a new principal structure replacing a prior principal structure shall not be located closer than ten (10) feet from another structure (principal or accessory), and shall not constructed on or across a property line. ****The maximum street yard setback, also known as the build-to line, shall be the average street setback of buildings on the same block between two intersecting streets, or an intersecting street and the edge of the sub-district. When there are not any existing buildings within the same block, or when an excessive street setback of an existing building on the same block creates an average setback that is inconsistent with the intent of this Village Center Overlay Zoning District to create minimal street setbacks, the Plan Commission shall establish a build-to line pursuant to the intent of creating street level activity. Expanded or renovated existing buildings that do not conform to the maximum street yard setback may nonetheless be allowed to be expanded or renovated. (2) The exceptions to the standards of Section (g) (1) minimum yard requirements (setbacks) for a building or structure are: a. The first story of a building on a corner lot shall not project beyond a straight line drawn between two points on the right-of-way lines adjoining the property, which points are five (5) feet from the intersection of the two right-of-way lines. b. New construction or additions that abut a building or structure on a neighboring property with no side or rear setback, the property owner shall provide written approval from the neighboring property owner to abut the two buildings or structures. If written approval is not provided, the minimum side setback shall be ten (10) feet. c. The minimum interior yard setback for new construction or an addition shall be ten (10) feet on the interior side of a property that is adjacent to a single-family or twofamily property either within or outside of the Village Center Overlay Zoning District. 11

114 d. The minimum rear yard setback for new construction or an addition shall be 25 feet on a property that is adjacent to a single-family or two-family property either within or outside of the Village Center Overlay Zoning District. e. When there are no required setbacks, new construction or an addition shall not extend into a public right-of-way or a neighboring property, even if the existing building on the property encroaches the public right-of-way or a neighboring property line. (3) Exceptions to the standards of Section (f) (1) for setbacks and minimum green space may be required by the Plan Commission during site plan review to comply with storm water management requirements, to add landscaping to parking lots, to add pedestrian friendly or outdoor public spaces, or to improve overall aesthetics of the property and the Village Center. Exceptions may include increasing or decreasing the standards. (4) Accessory structures within the Village Center Overlay Zoning District shall conform to the bulk standards as established in the Base Zoning District. (h) Performance Standards for New Construction, Additions, Conversions, Exterior Remodels or Demolitions. The following performance standards shall apply to new construction, additions, exterior remodels or demolitions within the Village Center Overlay Zoning District. (1) Any new construction or addition on a property 0.5 acre or more in size shall be developed under a single development plan with a unified architectural scheme and site plan, to include building facades, street furniture and pedestrian circulation. (2) Site plan and architectural approval by the Plan Commission is required for new construction, additions or conversions pursuant to the procedures of Section Architectural approval by the Plan Commission is required for exterior remodels, pursuant to the procedures of Section Single-family and Two-family buildings within the Residential Perimeter sub-district are exempt from this review requirement. Site plan and architectural approval shall be part of conditional use review if a use requires a conditional use. (3) Architectural design and exterior building materials and colors of new construction, additions or exterior remodels shall conform to the requirements of the Base Zoning District. However, the Plan Commission may adopt architectural design guidelines to further implement the intent and purposes of the Village Center Overlay Zoning District and its sub-districts, which may be amended from time to time. (4) Historical review shall be part of site plan and/or architectural approval, or approval or denial of demolitions, pursuant to Article III of this Chapter 100. Buildings within the Pearl and Grand Avenue Historic District and other buildings listed on the National Register of Historic Places, as shown on the Official Map on file in the Office of the Village Clerk, shall be preserved. The Plan Commission may adopt additional guidelines for historic review and preservation of buildings or uses of local historic significance to further implement the intent and purposes of the Village Center Overlay Zoning District and its sub-districts, which may be amended from time to time. 12

115 (5) The demolition of any principal building, or an accessory building over 200 square feet, within the Village Center Overlay Zoning District shall be approved by the Plan Commission prior to demolition. The Plan Commission shall establish findings of fact in determining approval or denial of a demolition. Approved demolitions shall conform to the following standards. a. The building or land does not have national, statewide or local historical significance; and there is not a stated public purpose or interest in the land or building to be protected. b. The building or land does not have any historic or architectural relationship to the historic value of the surrounding area. c. The public necessity of the demolition is present and the public benefit of the proposed new construction or land use in replacement of the demolished building supports the intent and purposes of the Village Center Overlay Zoning District and its sub-districts. d. The age, life expectancy or condition of the building or positioning of the building on the property prohibits successful renovation to comply with other standards of the Village Center Overlay Zoning District. A proposed building demolition that does not meet the above standards shall be denied unless the Plan Commission finds that demolition provides a public benefit of improvement of land use and aesthetics of the Village. Any move or relocation of a building within the Village Center Overlay Zoning District shall follow the review process and standards as established for demolitions. Any relocation of a building to a property within the Village Center Overlay Zoning District shall require site plan and architectural review by the Plan Commission. (6) The use of green roofs is strongly encouraged with new construction or additions. (7) The creation of pedestrian connections within and surrounding the property to other pedestrian paths is encouraged with new construction or additions. Creative site planning of including public spaces and orienting the building, parking, public spaces, pedestrian connections, and so on, to fit in and improve to surrounding conditions is strongly encouraged. (8) Design standards for mechanical equipment and refuse enclosures shall conform to the requirements of the Base Zoning District. However, the Plan Commission may adopt mechanical and refuse enclosure standards as part of architectural design guidelines to further implement the intent and purposes of the Village Center Overlay Zoning District and its sub-districts, which may be amended from time to time. (9) Exterior lighting fixtures shall be designed or shaded so as to avoid casting direct light or glare toward surrounding properties or streets, and shall conform to the lighting standards of Section However, the Plan Commission may exterior lighting standards as part of architectural design guidelines to further implement the intent and purposes of the 13

116 Village Center Overlay Zoning District and its sub-districts, which may be amended from time to time. (10) Landscaping standards shall conform to the requirements of the Base Zoning District. However, the Plan Commission may adopt landscaping guidelines to implement the intent and purposes of the Village Center Overlay Zoning District and its sub-districts. The Plan Commission may waive the landscaping requirements or guidelines when there is not any suitable space on the site to install landscaping, or if the installation of landscaping compromises visibility of pedestrians and/or vehicles. (11) Conversions mean the change of use of an existing building from a single family residential use to a permitted or conditional use allowed within the sub-district, or adding residential dwelling units to an existing building if allowed as a permitted or conditional use within the Retail Center or Mixed Use Perimeter sub-districts. An example of a conversion is the change of a single family building within the Mixed Use Perimeter to an office, or the change of an upper floor office space within the Retail Center to residential dwelling units. (12) Signs shall conform to Chapter 64 of Village of Mukwonago Municipal Code. (i) Parking Standards. The standards for vehicle parking within the Village Center Overlay Zoning District are as follows. For most small businesses the providing of on-site parking is not required, and on-street and off-street parking is the responsibility of the Village of Mukwonago. Businesses that are required to provide on-site parking shall do in accordance to the standards of Article V of this Chapter 100. Shared parking agreements allowed in Section (h) may supplement the requirements of this Section (g). (1) Accessory off-street parking is not required for a building with less than 2,500 square feet of gross leasable floor space designed for a business or businesses within the Retail Center or Multi-Purpose Perimeter sub-districts or if the business or use would be required to provide 10 or less parking spaces if the business or use were not located within the Retail Center or Multi-Purpose Perimeter sub-districts. Any business approved as a conditional use may be required to provide accessory off-street parking if the Plan Commission finds that the parking demand of the use is greater than would needed if a permitted use occupied the business space. (2) Accessory off-street parking is required for any building with a gross leasable floor space of 2,500 square feet or larger designed for a business or businesses within the Retail Center or Multi-Purpose Perimeter sub-districts or if a high capacity business or use would be required to provide more than 10 parking spaces if the business or use were not located within the Retail Center or Multi-Purpose Perimeter sub-districts. In a multipurpose building designed for both business and residential, the residential square footage does not count toward the gross leasable space of 5,000 square feet or larger. If above 2,500 square feet, accessory off-street parking is required for any use within the Residential Perimeter sub-district in conformance with the standards of Article V of this Chapter 100. (3) One (1) accessory off-street parking space is required per bedroom in each residential dwelling unit within the Retail Center and Multi-Purpose Perimeter sub-districts. A 14

117 bedroom is any living space not considered a living room, kitchen, bathroom or dining room, for the purpose of this Section (4) Accessory off-street parking is required for any use within the Residential Perimeter subdistrict in conformance with the standards of Article V of this Chapter 100. (5) Conversions of an existing residential structure to a permitted use or conditional use within the Multi-Purpose Perimeter may retain the existing driveway as parking spaces for the new use. (6) For uses within the Retail Center or Multi-Purpose Perimeter sub-districts of the Village Center Overlay Zoning District that require off-street parking, or if off-street parking is voluntarily provided, off-street parking facilities design shall comply with all requirements of Article V of this Chapter 100, except as provided below: a. For business off-street parking, a minimum of four (4) spaces shall be provided, including at least one (1) handicapped parking space. b. For residential off-street parking, a parking requirement of four (4) or more spaces shall include at least one (1) handicapped parking space. c. A minimum setback of three (3) feet shall be provided between the edge of parking lot paving and/or curb and the property line. d. The parking lot shall be paved with a dust free surface. The use of curb and gutter to outline the parking area is encouraged. e. The Plan Commission as part of site plan review may reduce the parking lot aisle width and parking stall size (except handicapped parking spaces) to match existing parking lot sizes or to fit parking into a confined space on a property, without reducing public safety and the ability of proper movements of vehicles and emergency vehicles. f. The Plan Commission as part of site plan review may waive the parking lot aisle width and parking stall size when an existing driveway is utilized as parking for a residential to business conversion. g. The addition of internal and external parking lot landscaping is encouraged. h. The design of accessory off-street parking shall include safe pedestrian routes within and to and from the parking lot. (j) Shared Parking. When accessory off-street parking is required or voluntarily provided within the Village Center Overlay Zoning District, the utilization of shared parking between uses and properties is encouraged in accordance with the following standards. (1) Any use required to provide accessory off-street parking may reduce its parking requirement by up to 75% if an equivalent number of spaces to the amount being reduced are located within five hundred (500) feet of the property of the use, and shall be subject 15

118 to a Shared Parking Agreement. The shared parking may be the parking of any other use inside or outside of the Village Center Overlay Zoning District. (2) Credit for parking spaces which are the subject to a Shared Parking Agreement shall be applicable only when the parties to the Agreement are property owners whose property uses have parking demands which are inconsistent with each other (i.e. daytime v. evening, weekdays v. Saturday and/or Sunday). The total off-street parking requirements of the parties of the Shared Parking Agreement may exceed the total number of off-street parking spaces available. The Shared Parking agreement may extend beyond two property owners. (3) The Shared Parking Agreement shall be subject to the reasonable approval of the Village Board, pursuant to the recommendation of the Plan Commission, and the following conditions are met: a. The agreement shall be signed by the owners of properties, and if necessary owners of the uses, included in the agreement. b. Termination shall require written notice to the non-terminating party or parties and the Village Clerk. c. Termination shall not become effective sooner than six (6) months following the date of the written termination notice. (k) Administration. Administration of this Section shall be guided by the following terms and conditions. (1) The Base Zoning District is the primary Zoning District that applies to a property. Every property within the Village Center has a Base Zoning District that establishes the primary type and intensity of land use for the property, along with development regulations of this Chapter 100 for that particular type and intensity of land use for the property. The standards within this Section apply to all properties of the Village Center Overlay Zoning District in lieu of the type and intensity of land use and the development regulations of the Base Zoning District. If situations arise of the type and intensity of land use and with property maintenance that are not addressed within the standards of the Village Center Overlay Zoning District, development regulations of the Base Zoning District and this Chapter 100 shall apply. However, any aspect of the development regulations of the Base Zoning District or Chapter 100 not addressed in the Village Center Overlay Zoning District may conflict with and restrict a new use, redevelopment or new development that otherwise meets the intent of, is permitted in, and conforms to other standards of the Village Center Overlay Zoning District. When a conflict in regulation is identified, upon finding that the intent of the Village Center Overlay Zoning District is maintained, the Plan Commission may waive the conflicting regulation or establish alternative criteria for the new use, redevelopment or new development to adhere to. (2) The bulk standards of lot size and lot width and/or frontage of Section (g) supersede any similar requirement of Chapter 45, Land Division, of Village of Mukwonago Municipal Code. 16

119 (3) Including standards elsewhere within this Section addressing nonconforming uses, the following shall apply to nonconforming uses. a. Any businesses currently existing and permitted in the Base Zoning District as of (date of adoption of ordinance) that may not be allowed as a permitted use or a conditional use within the sub-district of this Village Center Overlay Zoning District may nonetheless continue within the existing space, and shall be allowed to continue to improve the business, such as façade improvements and change of and use of signs in compliance with Chapter 64. However, the floor space of a nonconforming business shall not be expanded. If the business vacates the floor space, or if an existing business changes its business model, the new business occupying the floor space shall be either a permitted use or a conditional use with the sub-district. b. A building with a use or uses that may not be allowed as a permitted use or a conditional use within the sub-district of this Village Center Overlay Zoning District may nonetheless expand without changing the nonconforming use or uses. However, occupancy of the expansion must be a permitted use or a conditional use within the sub-district. An example of this occurrence is if a building in the Retail Center subdistrict is expanded or remodeled on the upper floors to add residential dwelling units. In that case, any nonconforming 1 st floor business use may remain. c. A building with a use or uses that may not be allowed as a permitted use or a conditional use within the sub-district of this Village Center Overlay Zoning District may nonetheless complete façade improvements without changing the nonconforming use or uses. (4) The terms existing use, existing condition or similar term means the property use or uses, building, or conditions that existed at the time of adoption of this Section (5) Within this Section , the terms building and structure are applied interchangeably. (6) The Zoning Administrator shall be responsible for administration of this Section , along with the Plan Commission when site plan or architectural plan approval are required. The Zoning Administrator may refer any matter pertaining to the interpretation of any standard this Section to the Plan Commission for advice or recommendation. (7) Any person aggrieved by a decision of the Zoning Administrator or Plan Commission in the administration of this Section may appeal the decision to the Village of Mukwonago Board of Zoning and Building Appeals. 17

120 EXHIBIT 1 Ordinance No. XXX Village Center Overlay Zoning District Boundary And Sub-Districts (As recommended by Village Plan Commission April 13, 2017) Sub-Districts Red Retail Center Green Multi-Purpose Perimeter Yellow Residential Perimeter