Number
041663
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to the voting requirements for changing the zoning of parcels zoned industrial.
Sections
295-307-3-g cr
Analysis
This ordinance provides that, whenever an area proposed for rezoning measures at least 3 acres and is presently zoned industrial, and the proposed designation is not an industrial zoning district, the zoning map amendment shall not become effective except by the favorable vote of at least two-thirds of the common council members voting on the proposed change.
Body
Whereas, In 2004, real estate consultants S. B. Friedman and Company completed a report for the Milwaukee Economic Development Corporation titled "Milwaukee's Industrial Land Base: An Analysis of Demand and a Strategy for Future Development"; and
Whereas, This analysis found that there is demand for industrial land in the city of Milwaukee (an average of 32 acres per year were absorbed annually from 1995 to 2000) and that such demand is fairly elastic, "depending on the availability of clean, developable, appropriately located industrial parcels of suitable size" in the city; and
Whereas, The authors of the Friedman report note that the city of Milwaukee could potentially increase its share of total industrial space in the Milwaukee metropolitan area if it has an adequate supply of clean, developable parcels of land; and
Whereas, Two real estate market surveys released in March, 2005, indicate that the Milwaukee area's industrial real estate market is among the 10 strongest in the nation, based on industrial-space vacancy rates; and
Whereas, In recent years, the city of Milwaukee has witnessed the development of a number of industrially-zoned or previously industrially-zoned properties for non-industrial and often tax-exempt uses; and
Whereas, The Friedman study concludes that "Milwaukee will not capture its potential share of demand for new industrial or business service space unless it takes immediate and long term steps to ensure that appropriate sites are preserved, protected and made ready for development", and that one of the immediate steps that should be taken is the establishment of guidelines that the City of Milwaukee can apply to all requests to rezone industrial land; and
Whereas, The Common Council finds that one technique for slowing the loss of industrial land to non-industrial uses is the use of a supermajority voting requirement for ordinances rezoning large parcels of industrial land; and
Whereas, The Common Council finds that preserving Milwaukee's industrial land base and encouraging new industrial development benefit the community by expanding the tax base, creating family-supporting jobs and having a strong multiplier effect on the local economy; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-307-3-g of the code is created to read:
295-307. Amendments to the Zoning Text or Map.
3. PROCEDURE FOR MAP AMENDMENT.
g. Change in Zoning of Industrial Land. Whenever the area to which a proposed zoning map amendment would apply measures at least 3 acres and is presently zoned IO, IL, IM or IH, and the proposed zoning is a designation other than IO, IL, IM or IH, the map amendment shall not become effective except by the favorable vote of at least two-thirds of the common council members voting on the proposed change.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB05119-2
JDO
04/21/05