Chapter 17.73


17.73.010    Use regulations.

17.73.020    General restrictions.

17.73.030    Layout and dimensional standards.

17.73.040    Conditions for approval—Integrated planning.

17.73.050    Conditions for approval—Coordination with infrastructure availability.

17.73.010 Use regulations.

Office and Limited Residential/Commercial District No. 1 (O&LR/C)-Calhoun Road South Neighborhood Focus District No. 1 (Ruby Inc., Journal Communications Inc., et al.).

A.    Permitted Uses. Subject to all approvals and conditions required by Chapter 17.100 and the provisions of this district, the permitted uses shall be:

1.    Office. Those uses allowed as permitted uses in the office district;

2.    Multiple-family dwellings;

3.    Any retail or customer service uses allowed as a permitted use in the B-1 local business district;

4.    Hotels and restaurants with outdoor seating not exceeding twenty-five (25) percent of the indoor seating capacity, excluding fast food with drive-thru. The location and operating hours for the outdoor seating and adequacy of parking will be subject to plan commission approval;

5.    Parking structures;

6.    Mixed-use buildings.

B.    Prohibited Uses.

1.    Animal hospice;

2.    Animal shelter;

3.    Animal rescue;

4.    Humane society. (Ord. 2606-20 § 17, 2020; Ord. 2263-11 § 5, 2011; Ord. 2251-11 § 12, 2011; Ord. 1823 § 1 (part), 2001)

17.73.020 General restrictions.

A.    Written Determination. When reviewing and approving or advising on requests for development approvals, the plan commission shall make written determinations that the proposed development is consistent with the land use intent identified for Districts F & G in the Calhoun Road South Neighborhood Plan, incorporated herein by reference.

B.    Intent. The land use intent of this district is for office and multiple-family residential uses to constitute in excess of eighty (80) percent of total developed floor area, and for retail and civic uses to constitute a small portion of the developed floor area.

The intent of the district is also for identified uses to be located in close proximity to each other, including mixing uses in individual buildings. (Ord. 1823 § 1 (part), 2001)

17.73.030 Layout and dimensional standards.

A.    Open Space Features. Two major open space features will be located in full or in part within this district: the planned hedge row and the planned sculptural green, as identified in the Calhoun Road South Neighborhood Plan.

B.    Play Fields. The district will also contain some of the planned, relocated Swanson Elementary School play fields, as identified in the Calhoun Road South Neighborhood Plan.

C.    Land Uses. The remainder of the developable lands in the district are planned to consist of the following uses in the following approximate proportions with densities contingently indicated as follows:

1.    Office: Floor area of approximately five hundred sixty-two thousand, seven hundred eighty (562,780) square feet in four story buildings (average).

2.    Multiple-family dwellings: Floor area of approximately two hundred thirty-eight thousand, one hundred fifty-four (238,154) square feet in floor area in three story buildings (average) or one hundred fifty-nine (159) dwelling units, whichever is greater.

3.    Limited commercial uses: Floor area of approximately five thousand, five hundred thirty-eight (5,538) square feet, predominately located within office buildings.

4.    Civic and public (conditional) uses: Floor area of approximately forty-five thousand, six hundred ninety-two (45,692) square feet.

D.    Densities and Floor Area Ratios. Densities and Floor Area Ratios (FAR) inherent in the above indicated floor area allowances (those being a maximum of 0.3 FAR per each property) may be increased through rezoning to a planned development district (PDD), with the possibility of higher densities within the discretion of the plan commission and common council, contingent upon substantial public benefits determined by the city within the PDD review and approval process.

E.    Height regulations. Height regulations: Seventy (70) feet maximum.

F.    Dimensional Standards. Setback, offset and related dimensional standards shall be determined by the specific plan of a PDD approved by the plan commission and common council or by application of the modified suburban overlay (MSO) district to the subject parcel with a development pattern specified with such overlay district. (Ord. 1823 § 1 (part), 2001)

17.73.040 Conditions for approval—Integrated planning.

Conditions for the zoning approval of plan and method of operation or PDD must meet the following standards to achieve integrated planning within the district, and between the district and certain abutting lands.

A.    Properties tax key parcels 1120-983, 1137-998 and 1137-998-001 must be included in a joint master development agreement with the city of Brookfield before any zoning approval applications will be reviewed by the city. If this cannot be achieved by participation and agreement of owners of all of the parcels, the city may, but is not obligated to determine the detailed development plan and the assignment of development opportunities and responsibilities for the nonparticipating property and to amend the terms of this district to include those elements. Assignment of development opportunities and responsibilities may include allocating the interim allowance of traffic loading under subsection 17.73.050 (A) of this chapter to the participating parcels.

B.    The densities of potentially allowable development densities above 0.3 FAR depend on the plan commission making a written determination that the increase in FAR achieves the intent and provisions of this district and the Calhoun Road South Neighborhood Plan. Such approvals are also contingent upon the property owners participating with the city with respect to the landscape features identified in subsection 17.73.030(A) of this chapter and the reconfiguration of the Swanson Elementary School play fields. Participation above the standard park and open space dedications and/or payments in lieu of dedication or impact fees will be a threshold public benefit to justify higher densities through PDD rezoning. Developments at or below 0.3 FAR shall implement the landscape features of the hedge row and sculptural green elements of the Calhoun Road South Neighborhood Plan contained on the subject property in accord with standard park and open space dedications and/or payments in lieu or impact fees.

C.    The plan commission shall determine if public access to the landscape features is consistent with the elements of the Calhoun Road South Neighborhood Plan and, if so, how public access is created and maintained. (Ord. 1823 § 1 (part), 2001)

17.73.050 Conditions for approval—Coordination with infrastructure availability.

Conditions for the zoning approval plan and method of operation or PDD must meet the following standards in order to achieve coordination with infrastructure availability.

A.    The total incremental increase in average weekday traffic loading from the lands in this district onto Calhoun Road may not exceed two thousand (2,000) average daily trips (ADT) until that stretch of road is widened to four lanes, currently scheduled for the year 2007.

B.    In addition, peaks of traffic loading can be modulated by combining office floor area with multiple-family residential units in this initial build-out period, or other combinations such as civic uses that achieves reductions in peak traffic loads. (Ord. 1823 § 1 (part), 2001)