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File #: 220401    Version:
Type: Ordinance Status: Passed
File created: 7/12/2022 In control: COMMON COUNCIL
On agenda: Final action: 9/20/2022
Effective date: 10/8/2022    
Title: A substitute ordinance relating to the change in zoning from Multi-Family Residential, RM3 to Multi-Family Residential, RM6, for a multi-family development on the northern portion of 2604-44 North Hackett Avenue, located on the east side of North Hackett Avenue, north of East Belleview Place, in the 3rd Aldermanic District.
Sponsors: THE CHAIR
Attachments: 1. Map, 2. Zoning Change Application, 3. Affidavit for Zoning Change, 4. City Plan Commission Letter, 5. Traffic Analysis (Updated), 6. Traffic Analysis, 7. Traffic Analysis Notice Letter, 8. DCD Presentation, 9. Applicant Presentation, 10. CPC Staff Report, 11. CPC Public Hearing Notice, 12. Notice of Voluntary Dismissal, 13. Order of Dismissal, 14. Summons and Complaint, Hagen et al v. City of Milwaukee.pdf, 15. Support Letters Submitted to the Historic Preservation Commission.pdf, 16. Opposition Letters Submitted to the Historic Preservation Commission.pdf, 17. Arora Oppose, 18. Bailliekova Support.pdf, 19. Bankier Oppose.pdf, 20. Basson Oppose, 21. Blenski Concern.pdf, 22. Blenski Oppose, 23. Bolly Oppose, 24. Borth Oppose, 25. Boyd Support, 26. Bradley Support.pdf, 27. Brostoff Support.pdf, 28. Buckler Support.pdf, 29. Bylan Oppose 1, 30. Bylan Oppose 2, 31. Bylan Supplemental Submission to Initial Letter, 32. Chheda Support, 33. Clausing Support, 34. Cooper Support 1, 35. Cooper Support 2, 36. Cope Support.pdf, 37. Costanzo Support.pdf, 38. Dalton Support, 39. DeBruin Support.pdf, 40. Downer Avenue BID Support.pdf, 41. Dunst Support, 42. Eckblad Support, 43. Eilers Support.pdf, 44. Farkas Support.pdf, 45. Fennelly Support, 46. Finch Oppose 1, 47. Finch Oppose 2, 48. Fitch Oppose, 49. Fitzgerald and Kammer Support, 50. Fojut Support, 51. Fretty Support, 52. B. Frizzell Support, 53. C. Frizzell Support.pdf, 54. Gallagher Support.pdf, 55. Garcia-Brown Support.pdf, 56. Germino Support, 57. Gerrits Support.pdf, 58. Gilbert Support.pdf, 59. Grober-Beschta Support, 60. A. Haag Support, 61. M. Haag Support, 62. Haas Support, 63. Hageman Support, 64. Hagen Oppose.pdf, 65. Hamilton Support.pdf, 66. Haubrich Support.pdf, 67. Haury Oppose, 68. Heger Support, 69. Henderson Support, 70. Henke Support 1, 71. Henke Support 2, 72. Herson Oppose, 73. Hildebrand Support.pdf, 74. Holtz Support, 75. A. Jacobs Support, 76. B. Jacobs Support.pdf, 77. J. Johnson Support, 78. May Oppose, 79. M. Johnson Oppose 1, 80. M. Johnson Oppose 2, 81. M. Johnson Support, 82. Johnston Support, 83. Jones Support.pdf, 84. K. Katter Support.pdf, 85. K. Katter Support 2, 86. V. Katter Support.pdf, 87. Kaufmann Support.pdf, 88. Kehoe Oppose, 89. Kennedy Support.pdf, 90. Lasselle Support, 91. Loken Support 1, 92. Loken Support 2, 93. Mangold Oppose, 94. McGartland Support.pdf, 95. McGinnis Support, 96. McGinnis Rebuttal to McNamara-McGraw, 97. McGovern Support, 98. McKinley Support, 99. McNamara-McGraw Rebuttal to Letters in Support, 100. McNamara-McGraw Oppose, 101. Megenity Support.pdf, 102. E. Megenity Support.pdf, 103. Michiles Support, 104. Milwaukee Preservation Alliance Support, 105. Mortara Support, 106. Neal Oppose, 107. Neighborhood Opposition Letter, 108. O'Neil Support, 109. Palm Support, 110. Penman Support, 111. Pleasant Support, 112. N. Plotkin Support, 113. M. Plotkin Oppose 1, 114. M. Plotkin Oppose 2, 115. Roder Support, 116. Rumbaugh Support, 117. Sanger Support, 118. Schmidt Support, 119. J. Schueller Oppose, 120. J. Schueller Oppose, 121. Setliff Support, 122. Siberio Support, 123. Slusar and George Support, 124. Stavens Support.pdf, 125. Stearns Oppose, 126. Stiebs Support, 127. Stilp Support, 128. Strykowski Oppose, 129. Szatkowski Support 1, 130. Szatkowski Support 2, 131. Thomas Oppose, 132. M. Thompson Oppose, 133. J. Thompson Oppose, 134. Uslabar Support, 135. Van Spankeren Support.pdf, 136. Wagner Support.pdf, 137. Weiss Support, 138. White Oppose, 139. Williams Support.pdf, 140. Wosewick Oppose 1, 141. Wosewick Oppose 2, 142. Wosewick Oppose 3, 143. Wosewick Oppose 3 - Attachment, 144. Wosewick Oppose 4, 145. Wosewick Oppose 5, 146. Wosewick Oppose 6, 147. Yaspan Support 1, 148. Yaspan Support 2, 149. Zeratsky Support, 150. ZND Hearing Notice List, 151. Germino Support, 152. O'Neil Support, 153. Michiles Support, 154. Dalton Support, 155. Stearns Oppose, 156. Bylan Oppose, 157. Fretty Support, 158. Bolly Oppose, 159. Basson Oppose, 160. Szatkowski Support, 161. Schueller Oppose, 162. Holtz Support, 163. Bylan Testimony Exhibit, 164. Wosewick Testimony Exhibit, 165. Notice published 8/26 and 9/2/2022, 166. Notice published 10/7/2022
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/7/20221 CITY CLERK PUBLISHED   Action details Meeting details Not available
9/28/20221 MAYOR SIGNED   Action details Meeting details Not available
9/20/20221 COMMON COUNCIL PASSEDPass11:0 Action details Meeting details Video Video

Minutes note: Appearing: Sam Leichtling, Dept. of City Development Dawn Schmidt, Dept. of Public Works Michael DeMichele, DeMichele Company, LLC Pastor Ian Burch, St. Mark's Episcopal Church Public testimony in opposition: John-Neil Thompson Janet Fitch Kay Wosewick Larraine McNamara-McGraw Deborah Bylan Kathryn Herson Joan Szatkowski Mark Plotkin Deila Mangold Tim Holmes Linda May Ald. Bauman moved to enter into the record an exhibit, submitted by Ms. Wosewick, as part of her testimony. There was no objection. Public testimony in support: Julie Penman Betsy Blair Mary McAnderson Aaron Moria Malcom Michaels Brooke Frizzell Rep. Johnathan Brostroff, WI AD 19 Additional testimony: Tammi Czewski
Pass5:0 Action details Meeting details Video Video
8/26/20221 CITY CLERK PUBLISHED   Action details Meeting details Not available

Minutes note: Vice-chair Nemec moved that the City Plan Commission convene into closed session, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved. Seconded by member Crane. Ayes (7) - Bloomington, Nemec, Sas-Perez, Washington, Crane, Smith, Moody The meeting convened into closed session at 2:13 p.m. Present (7) - Bloomington, Nemec, Sas-Perez, Washington, Crane, Smith, Moody Also present: Sam Leichtling, DCD Planning Division Kristin Connelly, DCD Planning Division Todd Farris, Deputy City Attorney Lafayette Crump, DCD Commissioner Dawn Schmidt, DPW Member Crane moved to reconvene, seconded by vice-chair Nemec, into open session. There was no objection. The committee reconvened into open session at 2:59 p.m. The meeting recessed at 3 p.m. The meeting reconvened at 3:10 p.m. Appearing: Michael DeMichele, DeMichele Company, LLC Pastor Ian Burch, St. Mark's Episcopal Church Dawn Schmidt, DPW James Shields, HGA Andrew Lasca, HGA Ms. Schmidt said that a traffic analysis study was not required presently by DPW standards and Hackett Ave. would remain a one way street. Public testimony in support: John Johnson Isaac Rowlett Leslie McCormick Montavius Jones, Bicycle & Pedestrian Task Force Aaron Moriak Robin Palm Quinton Klabon Charle Megenity Jonathan Brostoff Those in support testified in favor of increased density in the area and city, increased foot traffic, sustainability for the commercial corridor, historic preservation sustainability, more accessibility for people to live in the area, increased market rate housing, bicycle parking in the indoor garage, RM6 zoning existing elsewhere in the city similar to Hackett Ave., that the church would need additional funding on top of the sale of the parking lot for the apartment development, Public testimony in opposition: Larraine McNamara-McGraw Kay Wosewick Jim Schleif Debbie Bylan Janet Fitch Mark Plotkin Jeff May Shirley Bankier Kelly Knoke Luke Chiarelli Neil Thompson Those in opposition testified with concerns over increased density, reduced street and above lot parking, increased package deliveries, increased traffic; no formal full traffic impact analysis being done; timeliness of information received; RM6 zoning being inappropriate for the area; wanting more time for review and community input; wanting lesser density, a smaller development, lower RM zoning in the new development, increased home ownership via a development instead of new market rate rental housing; that the church did not entertain a second mortgage to fund their church rebuild; that the new apartment development was not a necessity; that several homes within the block would be directly impacted, have their views obstructed, and potentially see their homes devalued; and that a lawsuit was filed representing several neighbors and expressing their concerns. Vice-chair Nemec moved to hold the file to the next meeting without a public hearing for there to be a full traffic impact analysis study be done by the developer. Member Moody seconded. (Failed 1-6) Aye - Nemec Member Washington moved conditional approval, seconded by member Crane, with the recommendation conditioned upon the applicant conducting a traffic and safety impact analysis and submitting the results to DCD and DPW prior to this item being heard by the Zoning, Neighborhoods, and Development Committee. City staff shall identify an appropriate scope for this analysis and share with the applicant. The results of the analysis should also be shared with neighbors via mailing to residents within 250 feet of the proposed development prior to the hearing at ZND. (Prevailed 7-0)
Pass7:0 Action details Meeting details Video Video
8/22/20220 CITY PLAN COMMISSION REFERRED TOPass7:0 Action details Meeting details Video Video
8/16/20221 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
7/14/20220 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
7/12/20220 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available










A substitute ordinance relating to the change in zoning from Multi-Family Residential, RM3 to Multi-Family Residential, RM6, for a multi-family development on the northern portion of 2604-44 North Hackett Avenue, located on the east side of North Hackett Avenue, north of East Belleview Place, in the 3rd Aldermanic District.


This zoning change was requested by DeMichele Company, LLC and will allow a multi-family development on a portion of the subject site.


Resolved, That the Mayor and Common Council of the City of Milwaukee, do ordain as follows:


Part 1.  That is added to the Milwaukee Code of Ordinances a new section to read as follows:


The zoning map is amended to change the zoning for Part of 2604 North Hackett Avenue (Lot 1 of CSM DCD #3351), Tax Key No. 318-0186-100, from Multi-Family Residential (RM3) to Multi-Family Residential (RM6).