City of Milwaukee - File #: 220878

• File #: 220878
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/11/2022
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 1/17/2023
• Effective date: 2/4/2023
• Title: A substitute ordinance relating to the change in zoning from Industrial Light, IL1, to a Detailed Planned Development known as Wisconsin DOC Juvenile Correctional Facility to allow the development of a juvenile correctional facility located at 7930 West Clinton Avenue, on the north side of West Good Hope Road, west of North 76th Street, in the 9th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: PLANNED DEVELOPMENT DISTRICTS, ZONING DISTRICT 09

Date	Ver.	Action By	Action	Result	Tally
2/3/2023	1	CITY CLERK	PUBLISHED
1/25/2023	1	MAYOR	SIGNED
1/17/2023	1	COMMON COUNCIL	PASSED	Pass	9:2
1/10/2023	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing: Sam Leichtling, Dept. of City Development Secretary Kevin Carr, Wisconsin Dept. of Corrections Lance Horozewski, Wisconsin Dept. of Corrections Paulina Gutierrez, Wisconsin Dept. of Corrections Courtney Cooper, BWBR Architects Ald. JoCasta Zamarripa, 8th Ald. Dist. A presentation was made by Mr. Leichtling and Dept. of Corrections representatives. Public testimony in opposition: Amber Danyus, resident Jay Holmes, resident Carolyn Allen, resident Margaret Thorn, resident Laura Crista, resident Rev. Russell Antonio Goodwin, Sr. Cherie Ray, resident Liz Hammer, resident Pastor Christian Winkel, Redemption Ev. Lutheran Church Daniel Jones, resident James Dieter Public testimony in support: Sen. Lena Taylor, Wisconsin Senate District 4 Richard Shaw, MICAH Joseph Ellwanger, MICAH Wendy Volz-Daniels, Felmers Chaney Advocacy Board Sylvester Jackson, Believers for Change Gerald Roesch, MICAH, resident Sharlen Moore, Urban Underground Shannon Ross, The Community Peter Koneazny Lucy Fredritz, MICHA, resident Karen Swartzberg Ald. Spiker moved to hold to a later part of the meeting. (Failed 1-4)	Fail	1:4
1/10/2023	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
12/21/2022	1	CITY CLERK	PUBLISHED
12/12/2022	0	CITY PLAN COMMISSION	APPROVED CONDITIONALLY; Minutes note: Appearing: Secretary Kevin Carr, Wisconsin Dept. of Corrections Lance Horozewski, Assistant Administration for Juvenile Corrections Courtney Cooper, BWBR Architects Sen. Lena Taylor, Wisconsin Senate District 4 Michelle Bryant, Sen. Chief of Staff Carlen Michaels, Wisconsin Dept. of Adminstration A presentation was made. Public testimony in support: Wendy Volz-Daniels, Chair of Felmers Chaney Advocacy Board, testified that the Felmers Chaney Center helped to locate alternative sites, that the new facility on Clinton Ave. was a better site would add value, that a smaller sized facility was better, that their facility should remain and should not be replaced as the site for the new facility. Robert Dodds, Granville Advisory Committee member asked that the DOC provide the Granville Advisory Committee quarterly updates at their meetings and questioned the retention of staff, plan to assist potential businesses lost, and establishment of an economic trust fund. Sylvester Jackson, Co-chair of Believers for Change, testified that he suffered trauma as a youth, was incarcerated, that the new facility was appropriate, that youth need their trauma to be addressed, that the DOC was trying to address youth trauma better, and that juveniles can be redeemed. Rev. Joseph Ellwanger, resident, testified of not experiencing public safety and property value decrease issues living near other similar facilities in his area, that he had a pastoral background working with youth, not experiencing safety issues from other nearby centers, for the Chaney center to remain, and being support of restorative justice. Public testimony in opposition: Liz Hammer testified that the facility would negatively impact local business development and City's image. Carolyn Allen, resident, testified of being a home owner nearby, being an educator, that the new facility would negative impact public safety to her residential neighborhood and the City's image, for there to be consideration of alternative sites, and that a type 1 facility was not appropriate. Margaret Thorn, resident, testified of living and being a block watch captain nearby, having experienced crime in the area (break-ins), that residents wanted the neighborhood to be safe, that community meetings were not fair in providing opportunity to those in opposition to provide input, that local church members and businesses were in opposition, that some neighbors unable to attend meeting, and the lack of aldermanic representation. Cherie Ray testified of staffing the vacant 9th aldermanic district office previously, that there were 95% in opposition at the time of her employment in office from community input, that there was a push to take advantage and rush approving the new facility during the aldermanic vacancy, that there was no aldermanic representation presently, that she had limited information to give to constituents at the time, that the previous alder was in opposition to the Clinton Ave. site being used for the new facility, and that money should be invested elsewhere rather than in a new juvenile detention center. She questioned the level of culturally responsive services and development and economic benefit that would be produced from the new facility. Julio Ramos, south side resident, testified of being a community organizer, that there was neglect of addressing community needs overall citywide, that providing youths with services only after incarceration first was a wrong message, that investment should be to provide better services into communities rather than in detention centers/prisons, that prisons were a form of slavery without compensation for those incarcerated, and that there should be financial investment to youths and the community directly which was lacking. Tresha Lovell testified that business development was declining in area, the new facility would worsen the decline and negative impact the business corridor, local businesses were against the new facility, a new facility would provide the wrong message, and that other alternative sites be considered. She inquired about next steps. Bobbie Wendt, resident, testified that the new facility would oversaturate the area with training centers and was concerned about adequate staffing for the new facility. Debbie Banks testified that there was lack of aldermanic representation to support the facility and hold DOC accountable, there was an unfair rush to push the facility through, that there be consideration of better sites, and that the local community did not want the new facility there. Member Smith moved conditional approval, seconded by member Crane. (Prevailed 5-1) Conditions: 1.) State DOC commit to periodic meetings with representatives of Granville Advisory Committee to discuss the facility. 2.) Updating the zoning exhibits to limit occupancy within the facility to 32 juvenile residents.	Pass	5:1
12/12/2022	0	CITY PLAN COMMISSION	REFERRED TO	Pass	5:1
12/9/2022	1	CITY CLERK	DRAFT SUBMITTED
10/14/2022	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
10/11/2022	0	COMMON COUNCIL	ASSIGNED TO

Number

220878

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to the change in zoning from Industrial Light, IL1, to a Detailed Planned Development known as Wisconsin DOC Juvenile Correctional Facility to allow the development of a juvenile correctional facility located at 7930 West Clinton Avenue, on the north side of West Good Hope Road, west of North 76th Street, in the 9th Aldermanic District.

Analysis

This zoning change was requested by the State of Wisconsin-Department of Administration to allow the site to be developed as a juvenile correctional facility.

Body

The Mayor and Common Council of the City of Milwaukee (“Common Council”), do ordain as follows:

Part 1. There is added to the Milwaukee Code of Ordinances (“MCO”) a new section to read as follows:

(1) In accordance with the provisions of Section 295-907 of the MCO relating to the establishment of planned development districts, the Common Council approves the subject Detailed Planned Development, which is restricted to the time limit of 5 years from the effective date of this ordinance unless the criteria per s.295-907-2-c-11 are met as referenced in Exhibit A, a copy of which is attached to this Common Council File which is on file in the office of the City Clerk and made a part as though fully set forth herein.

(2) The zoning map is amended to change the zoning for the property located at: 7930 West Clinton Avenue, Tax Key No. 107-9989-212 from Industrial Light (IL1) to Detailed Planned Development (DPD).

(3) The requirements set forth in said detailed plan attached to this Common Council File as Exhibit A, constitute the zoning regulations for the area contained in such planned development district described, provided further, that the effect of the approval of such detailed plan is that such plan shall limit and control construction, location, use and operation of all land and structures included within the detailed plan to all conditions and limitations set forth in such detailed plan.

Part 2. Any persons, firm, company or corporation owning, controlling or managing any building or premises wherein or whereon there shall be placed or there exists anything in violation of the terms of this ordinance; or who shall build contrary to the plans or specifications submitted to and approved by the Commissioner of the Department of City Development, or any person, firm, company or corporation who shall omit, neglect or refuse to do any act required in this ordinance shall be subject to the penalties provided in Section 200-19 of the MCO.

Part 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions. The Common Council declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other portions be declared void or invalid.

Drafter

DCD:Samuel.Leichtling:kdc

12/09/22