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File #: 100848    Version:
Type: Ordinance Status: Passed
File created: 11/3/2010 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 5/24/2011
Effective date: 6/14/2011    
Title: A substitute ordinance relating to zoning regulations for transitional housing and permanent supportive housing.
Sponsors: THE CHAIR
Indexes: HOUSING, ZONING
Attachments: 1. Letter to Committee re Parking and Design Concerns, 2. City Plan Commission Letter, 3. Proposed Substitute B, 4. Proposed Substitute A, 5. Newspaper Articles Regarding Supportive Housing, 6. Zoning Code Technical Committee Letter, 7. Support Letter from Medical Society of Milwaukee County, 8. Support Letter from the City-County Commission on Supportive Housing.pdf, 9. Support Letter from Milwaukee County, 10. Continuum of Care Letter of Support Addressed to Ald Bauman, 11. Continuum of Care Letter of Support Addressed to Ald Murphy, 12. Continuum of Care Letter of Support Addressed to Ald Wade, 13. Continuum of Care Letter of Support Addressed to Ald Witkowiak, 14. Continuum of Care Letter of Support Addressed to Ald Zielinski.pdf, 15. Minutes of the Zoning Code Technical Committee meeting of 11/24/10, 16. Minutes of the Zoning Code Technical Committee meeting of 12/1/10, 17. Recording of the Zoning Code Technical Committee Meeting of 11/24/10, 18. Recording of the Zoning Code Technical Committee Meeting of 12/1/10, 19. 12-17 Supportive Housing PowerPoint Presentation, 20. Supportive Housing Overview, 21. Supportive Housing Siting Plan dated 9-1-10, 22. 4-27 Supportive Housing PowerPoint Presentation, 23. Hearing Notice List, 24. Community Advocates Letter, 25. Notice Published on 6-13-11
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/13/20112 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/1/20112 MAYOR SIGNED   Action details Meeting details Not available
5/24/20112 COMMON COUNCIL PASSEDPass13:0 Action details Meeting details Not available
5/17/20112 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Individual appearing: Martha Brown, Department of City Development
Pass5:0 Action details Meeting details Not available
5/13/20112 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
4/27/20111 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Proposed Substitute C was accepted. Individuals appearing: Martha Brown, Department of City Development Jim Mathy, Milwaukee County Housing Division David Brown, United House Gary Tierney, Resident, Johnston Center Ken Schmidt, City/County Commission on Supportive Housing Joseph Volk, Community Advocates, Inc. Ald. Zielinski requests more information on how DCD determines the amount of parking needed at residences. Ald. Bauman moves to hold the item to work on incorporating a design review mechanism under the Housing Trust Fund and to determine whether that would be an appropriate policy decision.
Pass5:0 Action details Meeting details Not available
4/27/20111 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
12/17/20101 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
12/3/20101 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
12/3/20101 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
12/3/20101 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
12/1/20101 ZONING CODE TECHNICAL COMMITTEE  

Minutes note: Also present: Mike Maierle - Dept. of City Development and Deborah Kraft - Community Advocates Jeff Osterman, Legislative Reference Bureau, presented a new draft ordinance and noted the changes to members. Atty. Mukamal thinks that one of the new "Whereas" clauses relating to transitional housing does not clarify why this housing is needed. Mr. Maierle noted that the definition of "transitional housing" is not a new definition, but it solely tweaking an existing definition. Atty. Mukamal thinks that it should note what type of clients this would benefit. Mr. Maierle noted that transitional housing does serve a broader population than permanent supportive housing, which can include post-corrections population, substance abuse disorders, formerly homeless individuals and these can be noted in the "Whereas" clause. The Committee drafted the text of the specific "Whereas" clause, which will be added on to the existing " Whereas" clause fourth from the end. Mr. Richardson moved that the proposed ordinance meets the ZCTC criteria, as amended, seconded by Atty. Mukamal. There were no objections.
   Action details Meeting details Not available
11/17/20100 CITY CLERK PUBLISHED

Minutes note: his file is being published on 11-17-10 and 11-24-10 for a CPC meeting on 12-6-10 at 1:45 p.m.
   Action details Meeting details Not available
11/5/20100 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Linda Elmer at 286-2232.
   Action details Meeting details Not available
11/5/20100 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Linda Elmer at 286-2232.
   Action details Meeting details Not available
11/3/20100 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
100848
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. MURPHY, WITKOWIAK, WADE AND KOVAC
Title
A substitute ordinance relating to zoning regulations for transitional housing and permanent supportive housing.
Sections
214-7-1-c-1 am
295-201-448 cr
295-201-664.5 rc
295-203-1-d rn
295-203-1-d cr
295-203-1-e rn
295-203-1-e cr
295-203-1-f rn
295-203-1-g rn
295-203-1-h rn
295-203-1-i rn
295-203-2-m rp
295-403-2-a (table) am
295-503-1 (table) am
295-505-2 (table) am
295-505-2-n cr
295-603-1 (table) am
295-605-2 (table) am
295-703-1 (table) am
295-803-1 (table) am
295-903-2-a (table) am
295-905-2-a (table) am
Analysis
This ordinance removes the term “transitional living facility” from the zoning code and replaces it with a new term, “transitional housing,” which is defined as a single-family, 2-family or multi-family dwelling not licensed by the state of Wisconsin in which an operator temporarily provides 4 or more adult clients with lodging, treatment and services above the level of room and board, but less than nursing care, as a condition of their stay. For purposes of this definition, “temporarily” means not more than 24 months. The services provided prepare residents for independent living and may include supervision, counseling, transportation, or assistance with personal finances or medications.

This ordinance also establishes the following zoning classifications for transitional housing:

Prohibited use - C9H downtown zoning district; all industrial districts except IM; the parks district.

Special use - all residential zoning districts (except transitional housing in multi-family dwellings is a prohibited use in single-family districts); all commercial districts; all downtown districts except C9H; the IM industrial district; the institutional district.

In addition, this ordinance requires an annual fire inspection of all transitional housing, regardless of the number of dwelling units.

The other provisions of this ordinance relate to “perman...

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