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File #: 071365    Version:
Type: Resolution Status: Passed
File created: 2/5/2008 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 2/26/2008
Effective date:    
Title: Substitute resolution to ratify Common Council File No. 070964, being a resolution permitting a minor modification to the Detailed Planned Development known as Downer Avenue Redevelopment, Phase 1, on land located at 2574-2590 North Downer Avenue, in the 3rd Aldermanic District.
Sponsors: THE CHAIR
Indexes: PLANNED UNIT DEVELOPMENTS, ZONING, ZONING DISTRICT 03
Attachments: 1. Transcript of the Court Decision Requiring Reconsideration, 2. Exhibit A Part 1, 3. Exhibit A Part 2, 4. Verified Complaint re Open Meetings Violation, 5. Memo from the City Attorney's Office Related to the Verified Complaint, 6. DAPL Letter Re Council Action and Authority, 7. City Plan Commission Letter, 8. Protest Petitions, 9. Legal Opinion Re Protest Petitions, 10. Martha Brown Memo to HPC Members.pdf, 11. Att. Cincotta and Att. Burke Concerns Re Reconsideration, 12. Addendum to 6-14-07 Subcommittee Minutes.pdf, 13. Paul Jakubovich Email Messsage.pdf, 14. Copy of COA and Drawings.pdf, 15. Sandra McSweeney Email Message.pdf, 16. HPC Subcommittee Meeting Minutes.pdf, 17. Letter in Opposition from a Neighbor, John Pflaum, 18. Motions made at 1-28-08 HPC meeting.pdf, 19. Critique by Scott Kindness of Historic Preservation Minutes Posted Online, 20. E-Mail from Objecting Neighbor, Thea Kovac, 21. Exhibit 1, 22. Exhibit 2, 23. Exhibit 3, 24. Exhibit 4, 25. Exhibit 5, 26. Exhibit 6, 27. E-Mail from Objecting Neighbor, Dawn McCarthy, 28. E-Mail from Objecting Neighbor, Donna Neal, 29. Notice List, 30. Notice Published on 1-30-08, 31. Notice Published on 2-6-08
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
3/5/20081 MAYOR SIGNED   Action details Meeting details Not available
2/26/20081 COMMON COUNCIL ADOPTEDPass14:0 Action details Meeting details Not available
2/15/20081 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
2/14/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Individuals present: Gregg Hagopian - City Attorney's Office Vanessa Koster and Bob Greenstreet - Dept. of City Development Make document related to Historic Preservation Commission minutes by Scott Kindness as well as other documents refered to by Ms. Koster part of the record, by Ald. Hamilton. Prevailed. 3-0 Make 2 renderings of the garage part of the record, by Ald. Murphy. Prevailed. 3-0 (Exhibit 1) Make 2 photos of the garage under construction part of the record, by Ald. Hamilton. Prevailed. 3-0 (Exhibit 2) Accepted Proposed Substitute A.
Pass3:0 Action details Meeting details Not available
2/14/20081 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Speakers from the public: Pamela Frautschi - 2430 E. Newberry Blvd. Make written statement of Ms. Frautschi part of the record, by Ald. Hamilton. Prevailed. 3-0 (Exhibit 3) Elaine and Andy Schwartz - 2585 N. Summit Ave. Make written statement of Elaine and Andy Schwartz part of the record, by Ald. Hamilton. Prevailed. 3-0 (Exhibit 4) Dawn McCarthy - 2589 N. Lake Dr. Make longer e-mail from Ms. McCarthy part of the record, by Ald. Hamilton. Prevailed. 4-0 (Exhibit 5) Paul Demcak - 1933 N. 2nd St. Jim Stearns - 2605 N. Summit Ave. Sandra McSweeney - 3450 N. Lake Dr. Peter Kovac - 2623E. Belleview Pl. Make documents provided by Mr. Kovac part of the record, by Ald. Hamilton. Prevailed. 4-0 (Exhibit 6) Thomas Burke - 788 N. Jefferson St., Suite 800 - Attorney for DAP, LLC Ald. Murphy moved to place on file. Withdrawn.
Pass4:0 Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/8/20080 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/5/20080 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
1/30/20080 CITY CLERK PUBLISHED

Minutes note: This file is being published 1-30-08 and 2-6-08 for a ZND Mtg. on 2-14-08 at 1:30 p.m.
   Action details Meeting details Not available

Number

071365

Version

Substitute 1

Reference

060705, 070034, 070964

Sponsor

ALD. D’AMATO

Title

Substitute resolution to ratify Common Council File No. 070964, being a resolution permitting a minor modification to the Detailed Planned Development known as Downer Avenue Redevelopment, Phase 1, on land located at 2574-2590 North Downer Avenue, in the 3rd Aldermanic District.

Analysis

This substitute resolution is a ratification by the Common Council of the Council’s previous approval of a minor modification to the subject Detailed Planned Development.

Body

Whereas, Section 295-907-2(i) of the Milwaukee Code of Ordinances permits minor modifications to planned developments after approval of the Common Council; and

 

Whereas, The General Planned Development (GPD) known as Downer Avenue Redevelopment, on land located generally on the East Side of North Downer Avenue and South of East Park Place and land located generally on the West Side of North Downer Avenue and the East Side of North Stowell Avenue, North of East Webster Place, was approved by the Common Council on February 27, 2007, under File No. 060705, which established a master plan; zoning, including height and building setbacks, and design standards for future development of certain properties along Downer Avenue; and

 

Whereas, The Detailed Planned Development (DPD) known as Downer Avenue Redevelopment, Phase 1, was approved by the Common Council on May 30, 2007, under File No. 070034; and

 

Whereas, The property that is the subject of the GPD and DPD is also located within the Downer Avenue local historic district and requires the approval of a Certificate of Appropriateness (COA) by the Historic Preservation Commission (HPC) for new construction; and

 

Whereas, On May 14, 2007, the HPC approved a COA with certain conditions and the HPC staff issued the COA on June 29, 2007; and

 

Whereas, On January 28, 2008, HPC, as a result of votes taken, approved close-out of various of the conditions to the COA; and

 

Whereas, On November 9, 2007, the Common Council in File No. 070964 approved a minor modification to the DPD that reflected, generally, the building footprint being moved slightly west and south, additional chamfering of the northeast corner of the building, elimination of basement-level parking (and slight reduction in overall parking spaces), and the retention of green space and a tree at 2574-2590 North Downer Avenue; and

 

Whereas, Department of City Development (DCD) staff recommends that the Common Council, after public hearing, re-affirm and ratify the minor modification to the DPD as reflected by File No. 070964; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the Common Council’s adoption of File No. 070964 is ratified; and, be it

 

Further Resolved, That the modifications:

 

1. Are consistent with the spirit and intent of the GPD and previously approved DPD.

 

2. Will not change the general character of the GPD or DPD.

 

3. Will not cause a substantial relocation of principal or accessory structures.

 

4. Will not cause a substantial relocation or reduction of parking, loading or recreation areas. The original DPD called for 134 parking spaces - 29 of which would be public. The modified DPD calls for 118 parking spaces - 29 of which will be public. This is not a substantial reduction in overall spaces and the public spaces remain the same.

 

5. Will not cause a substantial relocation of traffic facilities.

 

6. Will not increase the land coverage of buildings and parking areas. The modified DPD reduces the land coverage of building area.

 

7. Will not increase the gross floor area of buildings or the number of dwelling units.

 

8. Will not reduce the amount of approved open space, landscaping or screening. The modified DPD will increase and preserve open space, including a lawn area with tree; and, be it

 

Further Resolved, That the minor modifications are ratified and again approved in accordance with the Milwaukee Code of Ordinances, Section 295-907-2(i).

Drafter

DCD:AJF:vlk

02/04/08