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File #: 090216    Version:
Type: Ordinance Status: Passed
File created: 6/16/2009 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 11/3/2009
Effective date: 11/20/2009    
Title: A substitute ordinance relating to a change in zoning from General Planned Development to a Detailed Planned Development known as Shiloh Manor, for a 45-unit housing development for seniors, on land located East of North Dr. Martin Luther King Jr. Drive and South of West Keefe Avenue, in the 6th Aldermanic District.
Sponsors: ALD. COGGS
Indexes: HOUSING, PLANNED UNIT DEVELOPMENTS, ZONING, ZONING DISTRICT 06
Attachments: 1. Exhibit A as of 9-24-09, 2. Exhibit A Continued as of 9-24-09, 3. Proposed Zoning Change Map, 4. City Plan Commission Letter, 5. Affidavit for Zoning Change, 6. Updated Landscape Plan, 7. Notice Published 9-21-09 and 9-28-09, 8. Hearing Notice List, 9. Notice Published on 11-19-09
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
11/19/20091 CITY CLERK PUBLISHED   Action details Meeting details Not available
11/5/20091 MAYOR SIGNED   Action details Meeting details Not available
11/3/20091 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Not available
10/27/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Individual appearing: Vanessa Koster, Department of City Development Deacon Paul Carter, Shiloh Tabernacle Barbara Duncan, 3437 N. 5th St. Ms. Duncan says that she has still not received assurance that the retaining wall affecting her property will be fixed by the church. Ald. Zielinski moves to pass the ordinance contingent on Ms. Duncan being satisfied with the resolution to the retaining wall issue. Prevailed 5-0.		Pass5:0 Action details Meeting details Not available
10/21/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/21/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/21/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/6/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Individuals appearing: Al Franitza, Department of City Development Jim Stewart, Volunteers of America National Services Reverend Charles Jordan, Shiloh Tabernacle Russ McLaughlin, AG Architecture Barbara Duncan, 3437 N. 5th St., owner of the property behind Shiloh Tabernacle Ms. Duncan says that part of a retaining wall on the property of Shiloh Tabernacle needs to be repaired. She asks how the church can enter into a development agreement when it does not take care of its property. Ald. Witkowiak says that the problem with the retaining wall adjacent to Ms. Duncan's property should be rectified before the resolution goes to the Common Council. Documents in the file also indicate that the church, which is legally connected to the project, is delinquent in fees to the city. Ald. Bauman says that the city's "Clean Hands" ordinance, Common Council File 070231, which requires applicants for various zoning actions and permits to submit a signed affidavit indicating whether they owe the city money for a wide range of violations, fines and judgments, allows the committee to hold off on considering the resolution. In the signed affidavit in the file and in online records, the church is shown to be delinquent in payments to the City. Ald. Zielinski suggests holding the item until the problems with the retaining wall and the outstanding payments to the City have been rectified. 		Pass5:0 Action details Meeting details Not available
10/1/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/1/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/30/20091 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/21/20091 CITY CLERK PUBLISHED

Minutes note: This file is being published 9-21-09 and 9-28-09 for a ZND Mtg. on 10-6-09 at 9:00 a.m.		   Action details Meeting details Not available
9/14/20091 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/18/20090 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: To be filled		   Action details Meeting details Not available
6/16/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

090216

Version

SUBSTITUTE 1

Reference

071179

Sponsor

ALD. COGGS

Title

A substitute ordinance relating to a change in zoning from General Planned Development to a Detailed Planned Development known as Shiloh Manor, for a 45-unit housing development for seniors, on land located East of North Dr. Martin Luther King Jr. Drive and South of West Keefe Avenue, in the 6th Aldermanic District.

Analysis

This zoning change will allow for the construction of a four-story building with 45 units of housing for seniors.

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 (“Code”) a new section to read as follows:

 

Section 295-907(2)(c).0147.

 

(1) In accordance with the provisions of Section 295-907 of the Code relating to the establishment of planned development districts, the Common Council approves the subject Detailed Planned Development, a copy of which is attached to this Common Council File as Exhibit A 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 area described and bounded as follows:

 

The zoning line along the right-of-way of North Dr. Martin Luther King Jr. Drive, the zoning line along the right-of-way of North Port Washington Avenue and the zoning line along the right-of-way of West Keefe Avenue from General Planned Development (GPD) 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 Code.

 

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:AJF:ajf

09/14/09