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File #: 220490    Version:
Type: Ordinance Status: Passed
File created: 7/28/2022 In control: COMMON COUNCIL
On agenda: Final action: 11/1/2022
Effective date: 11/19/2022    
Title: A substitute ordinance relating to the change in zoning from General Planned Development, GPD, to a Detailed Planned Development, DPD, known as Block 3-Arena Master Plan, Phase 1 for development of a music venue and associated elements on a portion of 1001 North Vel R. Phillips Avenue, on the west side of North Vel R. Phillips Avenue, north of West State Street, in the 4th Aldermanic District.
Sponsors: THE CHAIR
Indexes: PLANNED DEVELOPMENT DISTRICTS, ZONING DISTRICT 04
Attachments: 1. DCD PowerPoint, 2. FPC Presentation ZND 10.25.22, 3. City Attorney Memo 10.24.22, 4. Davis & Kuelthau Response 10.24.22, 5. Wirth Memo Request to Send Back to CPC, 6. Exhibit A as of 10.18.22, 7. Exhibit A Continued 1 as of 10.18.22, 8. Exhibit A Continued 2 as of 10.18.22, 9. Exhibit A as of 09.14.22, 10. Exhibit A Continued 1 as of 09.14.22, 11. Exhibit A Continued 2 as of 09.14.22, 12. Map, 13. Affidavit for Zoning Change, 14. DPW Comments, 15. City Plan Commission Letter, 16. Cover Letter and Preliminary Safety Analysis, 17. Traffic Study, 18. CPC Staff Report, 19. CPC Public Hearing Notice, 20. Amrozewicz Oppose, 21. Armstrong Oppose, 22. Beavers Oppose, 23. Belomoina Oppose, 24. Boeder Oppose, 25. Brauer Support, 26. Building Advantage Support, 27. Bukiewicz Support, 28. Camp Bar Support, 29. Campbell Support, 30. CARW Support, 31. Cherry Support, 32. Cream City Concepts Support, 33. Crusey Oppose, 34. T. Dahlstrom Oppose, 35. W. Dahlstrom Oppose, 36. Damiani Support, 37. David Support, 38. Fendt Support, 39. Findley Hold Request, 40. Garski Support, 41. GoodCity Brewing Support, 42. Halbrooks Submission to CPC 1 - Store Slide, 43. Halbrooks Submission to CPC 2 - Venue Slide, 44. Hefler Support, 45. Henderson Oppose, 46. HNTB Support, 47. Holland Support, 48. Hughes Oppose, 49. Hughes Oppose 2 with Attachments, 50. Jacobs Support, 51. Julius Support, 52. Kaczmarek Oppose, 53. Knudson Oppose, 54. Kujawa Oppose, 55. Luevano Support, 56. Macco Oppose, 57. Madison Fire Dept Support, 58. Madison Police Dept Support, 59. Mayrhofer Support, 60. Milwaukee Turners Oppose, 61. Milwaukee Turners Request to Hold, 62. MMAC Support, 63. Moody Support, 64. Paniagua Oppose, 65. Pattee Group Support, 66. Paupore Oppose.pdf, 67. Perkins Support, 68. Peterman Exhibits for ZND 10.25.22, 69. Peterman Submission to CPC, 70. Peterson Submission to CPC 1 - Video, 71. Peterson Submission to CPC 2, 72. Pinter Support, 73. Radke Oppose, 74. Ramirez Support, 75. Reamer Oppose, 76. Reilly Support, 77. Riewer Oppose, 78. Rodgers Oppose, 79. Roebke Oppose, 80. Save MKE's Music Scene Public Opposition Cover Letter, 81. Save MKE's Music Scene Petition to Oppose, 82. Schaefer Support, 83. Schmid Oppose, 84. Schmidt Oppose, 85. Seeds of Health Oppose, 86. Settle Down Tavern Support, 87. Sherman Support, 88. Smurawa Oppose 1, 89. Smurawa Oppose 2, 90. Strupp Oppose, 91. Strusz Oppose, 92. Sydra Support, 93. The Tinsmith Support, 94. Thompson Support, 95. Tinder Support, 96. Tullis Oppose, 97. Vintage Brewing Support, 98. Wahlen Support, 99. Wallace Oppose, 100. Walton Support, 101. Warsh Support, 102. Weatherly Support, 103. Wirth Memo 10.12.22, 104. Wirth Submission to CPC, 105. WRA Support, 106. Hearing Notice List, 107. Notice published 10/10 and 10/17/2022, 108. Opposition Emails via OneClickPolitics, 109. proof of publication
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
11/18/20221 CITY CLERK PUBLISHED   Action details Meeting details Not available
11/7/20221 MAYOR SIGNED   Action details Meeting details Not available
11/1/20221 COMMON COUNCIL PASSEDPass10:0 Action details Meeting details Video Video
10/25/20221 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Sam Leichtling, DCD James Washington, DPW Joel Plant, Frank Productions Peter Feigin, Milwaukee Bucks Greg Uhen, EUA Atty. Brian Randall, David Kuelthau Ald. Scott Spiker, 13th Ald. Dist. Tyler Helsel, Assistant City Attorney (Milwaukee) Captain James Campbell, Police Dept. District 1 Charlie Goldstone, FPC Live Ald. Milele Coggs, 6th Ald. Dist. Todd Farris, Deputy City Attorney (Milwaukee) Mr. Leichtling presenting. Public testimony in opposition: Cleo Patrick Harris, resident Emelio De Torre, Milwaukee Turners Hall Atty. John Wirth Chris Ahmuty, Turner Ballroom Preservation Trust Arthur Heitzer, Milwaukee Turners Hall Adam Peterman Kelsey Kaufmann, Cactus Club Marc Geiger Public testimony in support: Omar Shaikh Chris Mambu Rasch, Building Advantage Jason Ilstrup, Downtown Madison Inc. Clifton Phelps, JCP Construction Dan Bukiewicz, Milwaukee Building & Construction Trades Council Jeremy Fojut, NEWaukee Troy Brewer, Milwaukee Area Service & Hospitality Workers Organization Peter Rickman, Milwaukee Area Service & Hospitality Workers Organization Atty. Brian Randall, David Kuelthau Public testimony: Marty Wall, resident
Pass5:0 Action details Meeting details Video Video
10/18/20221 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/18/20221 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/10/20221 CITY CLERK PUBLISHED   Action details Meeting details Not available
9/30/20221 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/26/20220 CITY PLAN COMMISSION APPROVED CONDITIONALLY

Minutes note: Items 4 (CCFN 220489) and 5 (CCFN 220490) were held in companionship with one another. Member Moody recusing himself. Mr. Leichtling presenting. Appearing: Joel Plant, Frank Productions Peter Feigin, Milwaukee Bucks Greg Uhen, EUA Troy Jacoby, EUA Public testimony in opposition: Atty. John Wirth testified of inadequate design standards and activiation, potential unwanted uses, and detrimental impact to Milwaukee Turner Hall. Craig Peterson, representing Save Milwaukee's Music Scene, testified of public safety and crime concerns relating to increased mass gatherings, lack of public safety plan, people waiting in lines, violence and guns, and crowd control. Emelio De Torre, Milwaukee Turner Hall, testified on negative impact on revenues, operation, and potentially construction damage to Milwaukee Turner Hall due to the new venue. Adam Peterman, Stellar Park Events, testified of the new venue negatively impacting neighboring businesses, driving them out of business, oversaturation of shows, and competing with other local venues. Atty. David Halbrooks testified on the availability of other local venues, that the new venue is not needed, deviation from original GPD plan of hotel and housing for Block 3, increased competition and bidding, monopolization, inadequate design plans, and public safety concerns due to the new venue and Live Nation. Arthur Heitzer, Milwaukee Turner Hall, testified with concerns over physical access to Milwaukee Turner Hall due to Fiserv Forum events, of experiencing this issue in the past, that the new venue would exacerbate the issue, devation from the original GPD plan, and lack of a traffic analysis plan. Al Godshaw, Milwaukee Turner Hall, testified of a lack of community outreach. Chris Ahmuty, Turner Ballroom Preservation Trust, testified on a lack of coordination with Milwaukee Turner Hall overall, with the special feature, with Lot 2, no traffic impact study, streetcar extension (if any), and unresolved questions. Jeff Pawlinski, West Town resident and former Milwaukee Common Councilperson, testified of wrong timing for the project, the city having adequate live entertainment venues, the new venue is unneeded, potential higher prices for events, potential outpricing of other local venues, and not being aware of this project. Kristina Fung, Milwaukee Turner Hall, testified on public safety concerns and security issues with the Milwaukee Bucks Deer District gatherings negatively impacting neighboring facilities, especially a shooting near Milwaukee Turner Hall. Roger Hyman, downtown resident, testified that no new live music event was needed. Public testimony in support: Peter Rickman, Milwaukee Area Service and Hospitality Workers Organization, testified of increased union job opportunities and family supported hospitality and entertainment service employment for city residents with the addition of the new venue. Atty. Brian Randall, David Kuelthau, testified that the DPD meets all requirements and needed more work for the future, height modification being considerate of Milwaukee Turner Hall, and taller development being on Lot 4 being more appropriate. Member Washington moved conditional approval. Conditions: Developer to complete a traffic analysis impact study including pedestrian movement, make adjustments/updates to exhibits (including ingress, egress, and pedestrian access) as required by staff, submit information on a public safety plan, and make revisions to enhance the interim design feature. Conditions to be fulfilled prior to consideration by the Zoning, Neighborhoods and Development Committee. There was no second. Motion failed due to a lack of a second. Also appearing: Lafayette Crump, DCD Commissioner Dawn Schmidt, DPW Member Washington moved conditional approval, seconded by member Crane. (Prevailed 3-2-2) Noes - Nemec, Smith; Abstaining - Moody, Bloomingdale Conditions: •The applicant submitting the DPW-requested Traffic Impact Analysis, and incorporating any resulting adjustments to ingress/egress and loading/unloading areas into the final Exhibits that will be presented to the Zoning, Neighborhoods and Development Committee for approval. •Making any required updates to the GPD exhibits to reflect final adjustments to the pedestrian and emergency vehicle access agreement areas to align with the final form of the access agreements being negotiated by the City and applicant. •That the Traffic Impact Analysis include a specific analysis of potential changes to pedestrian flows through the Arena District and Entertainment Block caused by the new venue, and identity any necessary steps to ensure that appropriate public safety measures are in place to facilitate this additional pedestrian traffic. •That a preliminary safety plan for the venue be submitted to the file to be considered as part of the project review at ZND. This document would supplement the ZND review of this proposal, but remain distinct from the GPD/DPD zoning exhibits. •That the applicant propose additional interim treatments and/or enhanced wall designs for the eastern façade of the concert venue (via the DPD) and the vacant land on Lot 2 adjacent to Vel Philipps Avenue (via the GPD). •That the applicant identify within the GPD zoning document additional actions that will be taken to further improve or activate Lot 3 on an interim basis if development has not occurred by a future date to be specified in the GPD document.
Pass3:2 Action details Meeting details Video Video
9/26/20220 CITY PLAN COMMISSION REFERRED TOPass3:2 Action details Meeting details Video Video
8/2/20220 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
7/28/20220 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
220490
Version
SUBSTITUTE 1
Reference
150726, 220489
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to the change in zoning from General Planned Development, GPD, to a Detailed Planned Development, DPD, known as Block 3-Arena Master Plan, Phase 1 for development of a music venue and associated elements on a portion of 1001 North Vel R. Phillips Avenue, on the west side of North Vel R. Phillips Avenue, north of West State Street, in the 4th Aldermanic District.
Analysis
This zoning change was requested by Marquee Ventures MKE, LLC and will allow the development of a music venue and associated elements on a portion of the subject 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 (“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 a portion of the property located at 1001 North Vel R. Phillips Avenue, Tax Key No. 392-2371-110 (Lot 1, Outlot 1 and Outlot 2 of CSM DCD #3354) from General Planned Development to Detailed Planned Development.

(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 constr...

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