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File #: 230626    Version:
Type: Ordinance Status: Passed
File created: 9/1/2023 In control: COMMON COUNCIL
On agenda: Final action: 11/21/2023
Effective date: 12/12/2023    
Title: A substitute ordinance relating to the 1st Amendment to the Detailed Planned Development known as Block 3 - Arena Master Plan, Phase 1 for changes to the previously approved music venue, and the change in zoning from DPD to a General Planned Development for a portion of 1051 North Vel R. Phillips Avenue located on the west side of North Vel R. Phillips Avenue, north of West State Street, in the 4th Aldermanic District.
Sponsors: ALD. BAUMAN
Indexes: PLANNED DEVELOPMENT DISTRICTS, ZONING DISTRICT 04
Attachments: 1. ZND Presentation.pdf, 2. Exhibit A (updated 10.26.23).pdf, 3. Exhibit A (updated 10.10.23), 4. Updated Preliminary Safety Analysis and Mitigation Strategy for Milwaukee Venue - 11.03.23.pdf, 5. Affidavit for Zoning Change, 6. Map, 7. City Plan Commission Letter.pdf, 8. Milwaukee Turners Letter asking for criteria to be met 2023.11.10, 9. CPC Staff Report, 10. CPC Public Hearing Notice, 11. Wirth Memorandum, 12. Wirth Attachment, 13. Madison Fire Dept Support, 14. Madison Police Dept Support, 15. Truck & Bus Turning Memo, 16. Lot 2 Broker Memo, 17. Milwaukee Turners Letter, 18. Exhibit A, 19. Exhibit A Continued 1, 20. Exhibit A Continued 2, 21. Preliminary Safety Analysis and Mitigation Strategy for Milwaukee Venue - 10.13.23, 22. Hearing Notice List, 23. Notice published 10/27 and 11/3/2023
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
12/11/20231 CITY CLERK PUBLISHED   Action details Meeting details Not available
11/22/20231 MAYOR SIGNED   Action details Meeting details Not available
11/21/20231 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
11/13/20231 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Sam Leichtling, Dept. of City Development Joe Plant, Frank Productions Greg Uhen, EUA Peter Feigin, Milwaukee Bucks Pres. Jose Perez, Common Council/12th Ald. Dist. Ald. Milele Coggs, 6th Ald. Dist. Ald. Scott Spiker, 13th Ald. Dist. Atty. Brian Randall, Davis Kuelthau S.C. Ald. Bauman was in support. Public testimony with concerns and request to hold: Chris Ahmuty, Turner Ballroom Preservation Trust Emelio De Torre, Milwaukee Turner Hall
Pass4:1 Action details Meeting details Video Video
10/27/20231 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/23/20231 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
10/16/20230 CITY PLAN COMMISSION APPROVED CONDITIONALLY

Minutes note: Mr. Leichtling presented. Appearing: Joe Plant, Frank Productions Greg Uhen, EUA Andy Inman, North Central Group Mr. Plant and Uhen presented. Public testimony in opposition: Chris Ahmuty, Turner Ballroom Preservation Trust, testified on the lack of minimum height for future development on Lot 2, uncertainty with the interim landscaping on Lot 2, impact on parking on Vel R. Phillips Ave., impact on accessibility, banners facing Milwaukee Turner Hall being advertisements, lack of or altered sympathetic installations towards Milwaukee Turner Hall, and uncertainty with the development of Lots 2 and 3. Atty. John Wirth, representing Save Milwaukee Music Scene LLC, testified on the development not meeting the spirit of the original DPD, moving of the frontage back from the eastern street as opposed to the street level, lack of street activation, lack of accountability for Lot 2, lack of meeting of technical requirements or a bare meeting of those requirements, a redacted traffic study presented a year ago not being satisfactory, semis and busing potentially parking on the gravel lot, there being no enforceable plans presented, for the venue to be reconfigured with a plaza to the west the venue moving east to be at the street edge, the new safety plan being insufficient, and for there to be a condition set on the number of trucking to be at the venue. Emelio De Torre, Milwaukee Turner Hall, testified with concerns on the new modifications, the traffic study not addressing the drop offs and VIP entries, the drop offs and VIP entries impacting Milwaukee Turner Hall, there being parking of semis and busing on the gravel lot, Lot 2 possibly being an extension of the gravel lot, and the safety and security report being inadequate with having no concrete plans. Public testimony in support: Mr. Inman testified to developing a hospitality hotel on Lot 3. Atty. Brian Randall, Davis|Kuelthau, S.C., testified to representing FPC Live, that there was an updated safety plan that would be reviewed by MPD, that there will be coordination of meeting with neighbors on safety, and the traffic plan would be updated based on the conditions mentioned. Peter Rickman, Milwaukee Area Service and Hospitality Workers Organization, testified on increased union job opportunities and family supported hospitality and entertainment service employment for city residents with the addition of the new venue. Responding to questions from commissioners: Mr. Plant said that the updated safety plan was preliminary and ongoing and that Lot 2 surveillance would be a collaborative effort with all neighbors, FPC Live has had support from the fire and police departments from their facilities in other jurisdictions, they were open to amend the safety plan due to changes in Lot 2, they have not held any community meetings since the first approval process, trucks and buses would not be in the public right of way and Lot 2, the second VIP entry being for pedestrian use only and not for vehicular loading, and the private drive being important for loading purposes and the development of Lot 3. Mr. Uhen said that the banners on the east facade would be artistic and not for advertisement purposes, Lot 2 would be greenspace and not gravel, the banner artwork would be coordinated with neighbors, they still were being sympathetic to Milwaukee Turner Hall, the southern VIP entry would be a convenience entry, majority of VIP entry would be at the north court, busing and semi would typically operate and park at different times, the reconfiguration of the venue to be at the street edge with a plaza to the west was not an option, and Lot 3 development was still anticipated to occur. Michael Belot, Milwaukee Bucks, said that MidAmerica was their broker, a variety of different uses would be considered (food/beverage and retail). Vice-chair Nemec moved conditional approval, seconded by member Sas-Perez. (Prevailed 4-0-1) Chair Bloomingdale abstained. Conditions: 1. Applicant submitting an updated and corrected Traffic Impact Analysis (TIA) as required by DPW, and working with DPW to identify any adjustments necessary as the result of the TIA prior to the issuance of building permits. 2. Submitting updated public safety plan, including input from adjacent property owners and to address any proposed elements that will be in place for to Lots 2 and 3 prior to development occurring on those parcels. 3. Update DPD exhibits to reflect that the banners/art that will be mounted on east façade, will not be used for advertisements. Applicant also encouraged to commit to seeking input from Turner Hall during development of these banner/art elements and implementation of interim plaza on Lot 2. 4. Updated DPD exhibits to memorialize landscaping requirements and landscape plan approval process for Lot 3 if Lot 3 has not been rezoned to DPD by 1/1/2026.
Pass4:0 Action details Meeting details Video Video
10/16/20230 CITY PLAN COMMISSION REFERRED TOPass4:0 Action details Meeting details Video Video
9/1/20230 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/1/20230 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
230626
Version
SUBSTITUTE 1
Reference
150724, 181157, 220490
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to the 1st Amendment to the Detailed Planned Development known as Block 3 - Arena Master Plan, Phase 1 for changes to the previously approved music venue, and the change in zoning from DPD to a General Planned Development for a portion of 1051 North Vel R. Phillips Avenue located 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 changes to the previously approved music venue.
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 amended 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 the properties located at: 500 West State Street, Tax Key No. 391-0731-000; 1051 North Vel R Phillips Avenue, Tax Key No. 392-0351-000; and 1047 North Vel R Phillips Avenue, Tax Key No. 392-0355-000 relating to the First Amendment to Detailed Planned Development (DPD) as shown as Outlot 1 of CSM 9448 and Lot 1, Lot 2, and Outlot 1 of CSM DCD #3404; and an approximately 2,434 square foot portion of land that will be shifted from 1051 North Vel R Phillips Avenue (zoned DPD) to 430 West State Street, Tax Key No. 392-0352-000, zoned Gener...

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