ORDINANCE NO by the Plan Commission

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Sibyl Wilkins
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1 First Federal Bank of Wisconsin Moorland & Greenfield MSO ORDINANCE NO by the Plan Commission ESTABLISH MSO-CS MODIFIED SUBURBAN OVERLAY DISTRICT CLUSTER SUBURBAN DEVELOPMENT PATTERN, DIMENSIONAL STANDARDS AND SPECIAL CHARACTERISTICS ON TWO VACANT PARCELS IDENTIFIED AS TKN S AND OR ZONING ISSUE AREAS VACANT PARCEL 1 AND VACANT PARCEL 2 RESPECTIVELY, OF THE SOUTH GATEWAY NEIGHBORHOOD PLAN WHEREAS, the Modified Suburban Overlay District was the product of the 1999 City of Brookfield Capitol Drive Corridor Planning Study, and this study called for the creation of several new zoning instruments to be applied to certain properties within the Capitol Drive Corridor, which was completed June 1, 1999, by Ordinance No. 1692, and was also to be available for application by subsequent enactment elsewhere in said Corridor or elsewhere in the City; and WHEREAS, a public hearing was heard before the Common Council on March 20, 2012, which was published as a Class II notice; and WHEREAS, on May 7, 2012, the Plan Commission of the City of Brookfield recommended to establish the Modified Suburban Overlay zoning designation at TKN s and (northeast corner of Moorland Road and Greenfield Avenue); and WHEREAS, a bank with drive-thru on Vacant Parcel 2 TKN has been proposed for the northeast corner Moorland Road and Greenfield Avenue defining building and pavement setbacks and offsets; and NOW, THEREFORE, the Common Council of the City of Brookfield do ordain as follows: PART I. To rezone two vacant parcels identified as City of Brookfield TKN s and or Zoning Issue Areas Vacant Parcel 1 and Vacant Parcel 2 respectively, of the South Gateway Neighborhood Plan 2009 as described in Exhibit A to MSO-CS Modified Suburban Overlay Cluster Suburban development pattern for the purpose of establishing development pattern, dimensional standards, and Special Characteristics. PART II. The MSO will establish the following setbacks, offsets and special characteristics for the subject property as described in Exhibit A. A 16 pavement setback from the base setback line of Moorland Road A 16 pavement setback from the base setback line of Greenfield Avenue A 4 pavement offset from the north property line The reconfiguration via certified survey map of two parcels of unequivalent, non-conforming widths and areas into two lots of nonconforming but generally equivalent widths and areas A 5 pavement offset from the east property line of Vacant Parcel 2 Tax Key No as reconfigured A 5 building offset from the east property line of Vacant Parcel 2 Tax Key No as reconfigured

2 A four vehicle bank drive-thru queue on Vacant Parcel 2 Tax Key No as reconfigured PART III. The existing B-3 Regional Business District base zoning designation will be retained. Additional regulations that will apply to this property are described in the matrix attached as Exhibit A-1. PART IV. The land to be zoned "MSO-CS" Modified Suburban Overlay Cluster Suburban development pattern is described and depicted on the attached Exhibit B and "B-1"*. PART V. This ordinance shall take effect and be in force from and after its passage and publication. ADOPTED AND APPROVED ON May 15, 2012 Kelly Michaels, City Clerk Steven V. Ponto, Mayor Publish: May 24, 2012 * May be viewed in the City Clerk's Office or on-line at

3 EXHIBIT A MODIFIED SUBURBAN OVERLAY City of Brookfield Tax Key No s and Moorland Road The South Gateway Neighborhood Plan Zoning Issue Area Vacant Parcel 1 City of Brookfield Tax Key # Moorland Road Vacant Parcel 2 City of Brookfield Tax Key # Moorland Road Base Zoning Development Pattern Use Variations Planning Unit B-3 CS None South Gateway Neighborhood Plan B-3 CS None South Gateway Neighborhood Plan Special Characteristics 1. A 16 pavement setback from the base setback line of Greenfield Avenue 2. A 4 pavement offset from the north property line 3. The reconfiguration via certified survey map of a parcel of non-conforming width and area into a lot of nonconforming width and area 1. A 16 pavement setback from the base setback line of Moorland Road 2. A 16 pavement setback from the base setback line of Greenfield Avenue 3. A 4 pavement offset from the north property line 4. The reconfiguration via certified survey map of a parcel of non-conforming width and area into a lot of nonconforming width and area 5. A 5 pavement offset from the east property line of Vacant Parcel 2 Tax Key No as reconfigured 6. A 5 building offset from the east property line of Vacant Parcel 2 Tax Key No as reconfigured 7. A four vehicle bank drive-thru queue on Vacant Parcel 2 Tax Key No as reconfigured

4 (Produce map on legal-sized paper.)

5 EXHIBIT B-1 LEGAL DESCRITION FOR LANDS TO BE REZONED MODIFIED SUBURBAN OVERLAY CLUSTER SUBURBAN (MSO-CS) PARCEL 1: CERTIFIED SURVEY MAP NO. 370, being a part of the Southwest One-quarter (1/4) of Section Thirty-five (35), in Township Seven (7) North, Range Twenty (20) East, in the City of Brookfield, County of Waukesha, State of Wisconsin, recorded in the Office of the Register of Deeds for Waukesha County on January 4, 1966 in Volume 2 of Certified Survey Maps on Pages 265 to 267 inclusive, as Document No Excepting the Southerly Ninety seven (97.00) feet conveyed for public highway purposes. Otherwise known as City of Brookfield Tax Key Number PARCEL 2: All that part of the Southwest One-quarter (1/4) of Section Thirty-five (35), in Township Seven (7) North, Range Twenty (20) East, in the City of Brookfield, County of Waukesha, State of Wisconsin, described as follows: Commencing at the Southwest corner of said 1/4 Section; thence North 89 57' East along the South line of said 1/4 Section, feet; thence North and parallel to the West line of said 1/4 Section, feet; thence South 89 57' West and parallel to the South line of said 1/4 Section, feet; thence South along the West line of said 1/4 Section, feet to the point of commencement. Excepting therefrom that part of the Southwest One-quarter (1/4) of Section Thirty-five (35), in Township Seven (7) North, Range Twenty (20) East, described as follows: Begin in the West line of said Section at a point which is 330 feet North 0 43' West of the Southwest corner of said Section; thence South 0 43' East, 330 feet to the Southwest corner of said Section; thence North 89 20'55" East, 330 feet along the South line of said Section; thence North 0 43' West to a point which is 97 feet North 0 39'05" West of the South line of said Section; thence South 89 20'55" West to a point which is 120 feet North 89 20'55" East and 97 feet North 0 39'05" West of the Southwest corner of said Section; thence Northwesterly to a point 116 feet North 0 43' West and 60 feet North 89 17' East of the Southwest corner of said Section; thence North 0 43' West to a point which is 330 feet North 0 43' West of the South line of said Section; thence South 89 20'55" West to the point of beginning. Otherwise known as City of Brookfield Tax Key Number

Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR Theodore R. Kulongoski, Governor (503)

Oregon Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 97301-2540 Theodore R. Kulongoski, Governor (503) 373 0050 NOTICE OF ADOPTED AMENDMENT June 28, 2007 Fax (503)