City of Milwaukee - File #: 170164

• File #: 170164
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 5/9/2017
• In control: COMMON COUNCIL
• Final action: 7/31/2017
• Effective date: 8/17/2017
• Title: A substitute ordinance relating to the change in zoning from Local Business, LB2, and Two-Family Residential, RT4, to a Detailed Planned Development, DPD, for mixed-use residential development on land located on the east side of South Kinnickinnic Avenue, south of East Bay Street, in the 14th Aldermanic District.
• Sponsors: ALD. ZIELINSKI
• Indexes: ZONING DISTRICT 14

Date	Ver.	Action By	Action	Result	Tally
8/16/2017	2	CITY CLERK	PUBLISHED
8/9/2017	2	MAYOR	SIGNED
7/31/2017	2	COMMON COUNCIL	PASSED	Pass	15:0
7/25/2017	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Individuals appearing: Vanessa Koster, Department of City Development Yves LaPierre, Department of City Development Jason Korb, Korb & Associates Tim Gokhman, New Land Enterprises Ald. Rainey moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)	Pass	5:0
7/25/2017	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individual testifying with concerns: Laura Ray, Bay View resident Individuals testifying in opposition: Jef Raasch, Bay View resident Les Johns, Bay View resident Individuals testifying in support: Thomas Rach, Bay View resident David Brazeau, Bay View resident	Pass	5:0
7/19/2017	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/19/2017	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/19/2017	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/10/2017	1	CITY CLERK	PUBLISHED; Minutes note: This file is being published 7-10-17 and 7-17-17 for a ZND Mtg. on 7-25-17 at 9:00 a.m.
6/30/2017	1	CITY CLERK	DRAFT SUBMITTED
6/26/2017	0	CITY PLAN COMMISSION	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Individuals appearing: Tim Gokhman, New Land Enterprises Randy Wilhelm, Korb & Associates Architects Conditions: 1. Working with staff on the final narrative to clarify items including, but not limited to design standards, allowable uses within the commercial space, commercial tenant signage, and bicycle parking for the residents and commercial space, and clarification regarding how tenant move ins/outs and loading will occur on the site. 2. Providing final drawings that include additional information, including but not limited to revisions to the Bay and Kinnickinnic elevations as well as the second floor parking condition to respond to the Design Review Team's comments, and noting possible placement of vent louvers for the parking. Individuals that testified from the public in support: Michael Coleman, Bay View business owner James Wiechmann, Real Estate Investor Lee Barczak, owner of the Avalon Theater & Chair of KK Bid 44 Santo Galati, owner of Santino's Restaruant Keye Voigt, Bay View resident Mark Rhode, Milwaukee resident Matt Suminski, Bay View resident Mike Boden, business owner & Bay View resident Michael Wyne, Bay View resident John Edries, Bay View resident Nick Anton, Bay View resident Alderman Tony Zielinski Individuals that testified from the public in opposition: Patricia Buckett, Bay View resident Diane Nowacki, Bay View resident Jeff Raasch, Bay View resident Joel Green, Bay View resident Ameila Santiago, Bay View resident Individual that testified from the public that was both in support & in opposition: Timothy Mueller, Bay View resident	Pass	5:0
5/10/2017	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: 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 Chris Lee at 286-2232 or clee@milwaukee.gov
5/9/2017	0	COMMON COUNCIL	ASSIGNED TO; Minutes note: To Whom It May Concern: 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 Chris Lee at 286-2232 or clee@milwaukee.gov

Number

170164

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. ZIELINSKI

Title

A substitute ordinance relating to the change in zoning from Local Business, LB2, and Two-Family Residential, RT4, to a Detailed Planned Development, DPD, for mixed-use residential development on land located on the east side of South Kinnickinnic Avenue, south of East Bay Street, in the 14th Aldermanic District.

Analysis

This zoning change was requested by New Land Enterprises and will permit mixed-use residential development on the site.

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:

(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 properties located at: 310 East Archer Avenue, Tax Key No. 466-0303-000; 316 East Archer Avenue, Tax Key No. 466-0302-000; Part of 353 East Bay Street (Lots 21 and 22), Tax Key No. 466-1001-111; anticipated portion of alley to be vacated, which becomes part of 310 and 316 East Archer Avenue and Lots 21 and 22 of 353 East Bay Street; 2130 South Kinnickinnic Avenue, Tax Key No. 466-0310-112, from Local Business (LB2) and Two-Family Residential (RT4) 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:Vanessa.Koster:kdc

07/18/17