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File #: 100877    Version:
Type: Resolution Status: Passed
File created: 11/4/2010 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 1/19/2011
Effective date:    
Title: Substitute resolution granting the appeal relating to a certificate of appropriateness for various parcels in the East Side Commercial District.
Sponsors: THE CHAIR
Indexes: HISTORIC PRESERVATION, HISTORIC PRESERVATION COMMISSION
Attachments: 1. Certificate of Appropriateness, 2. Attachment A, 3. Supplemental Information for the Certificate of Appropriateness, 4. Corrected WAVE Agreement Re Emerging Business Enterprise Program, 5. WAVE Agreement Re Emerging Business Enterprise Participation, 6. Letter from Mallery & Zimmerman dated January 12, 2011 re: appeal, 7. Letter from Wave Development LLC dated 1/18/2011, 8. Letter from Mallery & Zimmerman re Zoning, Neighborhoods & Development meeting on January 13, 2011, 9. Letter from WAVE Development Dated 1/13/11, 10. David Uihlein Drawing, 11. WAVE Agreement (developer), 12. Appeal Letter of the Historic Preservation Commission Decision, 13. Decision of the Historic Preservation Commission, 14. Media Release by Ald Wade, 15. Application, 16. Plans, 17. Revised Staff Report - History, 18. Staff Report - Full, 19. Staff Report, 20. Photos, 21. Media Release by Ald Witkowski, 22. Letter from the Milw Preservation Alliance to the Committee, 23. Letter from Atty DeMuth for the developer, 24. Dept of City Development Letter In Support of Certificate of Appropriateness, 25. Johnson Bank Letter in Support of the Certificate, 26. Johnson Bank Letter in Support of the Certificate of Appropriateness, 27. Sophisticated Man store Letter in Support of the Certificate of Appropriateness, 28. Wisconsin Center District Letter in Support of the Certificate of Appropriateness, 29. Greater Milw Assoc of Realtors Letter of Support, 30. Greater Milw Assn of Realtors in Support of the Certificate of Appropriateness, 31. Milw County Sup Rice Letter in Support of the Certificate of Appropriateness, 32. Commercial Assoc of Realtors of Wisconsin Letter in Support of the Certificate of Appropriateness, 33. Milw Metro Assoc of Commerce Letter in Support of the Certificate of Appropriateness, 34. Milw Journal Sentinel Editorial in Support of the Certificate of Appropriateness, 35. Historic Milwaukee Response to MJS Editorial, 36. Business Pulse Survey Comments in Support of the Certificate of Appropriateness, 37. Business Journal Editorial in Support of the Certificate of Appropriateness, 38. Milw Journal Sentinel Opinion Piece in Support of the Certificate of Appropriateness by McIlheran, 39. Historic Milwaukee Response to McIlheran Opinion Piece, 40. BizTimes Editorial in Support of the Certificate of Appropriateness, 41. Article titled, "Hines, Barrett Back Downtown Marriott", 42. Building Advantage Letter in Support of the Certificate of Appropriateness, 43. Gleischman Sumner Co Letter in Support of Certificate of Appropriateness, 44. Town Bank E-Mail in Support of the Certificate of Appropriateness, 45. AbelPC E-Mail in Support of the Certificate of Appropriateness, 46. Citizen E-Mail in Support of the Certificate of Appropriateness, 47. Citizen E-Mail in Support of the Certificate of Appropriateness, 48. Citizen E-Mail in Support of the Certificate of Appropriateness, 49. Citizen E-Mail in Support of the Certificate of Appropriateness, 50. Milwaukee Preservation Alliance Editorial - A Creative Solution to Save Historic Buildings, 51. Citizen E-Mail in Support of the Certificate of Ap, 52. Citizen E-Mail in Support of the Certificate of Appropriateness, 53. Citizen E-Mail in Support of the Certificate of Ap, 54. Citizen E-Mail in Support of the Certificate of Ap, 55. Citizen E-Mail in Support of the Certificate of Appropriateness, 56. Citizen Voice Mail in Support of the Certificate of Appropriateness, 57. Article titled, "Exchanging Investments for U.S. Green Cards", 58. Two Individuals Called in Support of the Certificate of Appropriateness, 59. Phelony Jones Blog, 60. Business Journal noting Historic Preservation Commission Didn't Vote on This Change, 61. Citizen Letter Opposed to the Certificate of Appropriateness, 62. Historic Milwaukee Letter Oppposed to the Certificate of Appropriateness, 63. Milwaukee Preservation Alliance Letter Opposing the Certificate of Appropriateness, 64. Citizen Letter Opposed to the Certificate of Appropriateness, 65. Citizen E-Mail Opposed to the Certificate of Appropriateness, 66. Citizen E-Mail Opposed to the Certificate of Appropriateness, 67. Citizen E-Mail Opposed to the Certificate of Appropriateness, 68. Citizen E-Mail Opposed to the Certificate of Appropriateness, 69. Citizen E-Mail Opposed to the Certificate of Appropriateness, 70. Citizen E-Mail Opposed to the Certificate of Appropriateness, 71. Citizen E-Mail Opposed to the Certificate of Appropriateness, 72. Citizen E-Mail Opposed to the Certificate of Appropriateness, 73. Citizen E-Mail Opposed to the Certificate of Appropriateness, 74. Citizen E-Mail Opposed to the Certificate of Appropriateness, 75. Citizen E-Mail Opposed to the Certificate of Appropriateness, 76. Citizen E-Mail Opposed to the Certificate of Appropriateness, 77. Citizen Letter Opposed to Certificate of Appropriateness, 78. Citizen E-Mail Opposed to the Certificate of Appropriateness, 79. Citizen E-Mail Opposed to the Certificate of Appropriateness, 80. Citizen E-Mail Opposed to the Certificate of Appropriateness, 81. Citizen E-Mail Opposed to the Certificate of Appropriateness, 82. Citizen E-Mail Opposed to the Certificate of Appropriateness, 83. Citizen E-Mail Opposed to the Certificate of Appropriateness, 84. Citizen E-Mail Opposed to the Certificate of Appropriateness, 85. Citizen E-Mail Opposed to the Certificate of Appropriateness, 86. E-Mails Between HPC Staff and Atty DeMuth for the Developer, 87. Sign-In Sheets for the Historic Preservation Commission Meeting, 88. E-Mail Exchange Re Developers' Consultants, 89. Media Release by Ald Bauman, 90. Open Records Request, 91. City Atty Opinion on Ald Bauman Recusing Himself from Voting, 92. Powers of the Board and Outline of Possible Actions, 93. Atty DeMuth Letter of 12/23/10 on Behalf of the Developer, 94. Atty DeMuth Letter on 12/20 /10 Re Legal Opinion, 95. Ald Bauman's Motion at the 12/13 Meeting, 96. Developer PowerPoint from the 1/10 HPC Meeting, 97. Staff PowerPoint from the 1/10 Meeting, 98. Staff PowerPoint Presentation at 12/13 Meeting, 99. Developer PowerPoint Presentation at the 12/13 Meeting, 100. Media Release by Ald Witkowski, 101. Recording of the Special ZND Meeting of 1/13/11, 102. Recording of the 1/10 HPC Meeting, 103. Recording of the 12/13 HPC Meeting, 104. Sign-In Sheets from the Zoning Meeting, 105. Sign-in Sheets from the 1/10 Historic Preservation Comm Meeting, 106. Sign-In Sheets from the 12/13 Meeting, 107. Demolition Criteria, 108. Jackson St and WAVE Relationship, 109. Citizen Comment on the Historic Preservation Commission 1/10 Meeting, 110. Preservation Guidelines for the East Side Commercial Historic District, 111. Certified Hearing Notice - MBI Properties, LLC 11/18/10, 112. Certified Hearing Notice - MBI Properties, LLC, 113. Certified Hearing Notice - Milwaukee Now 1, LLC 11/18/10, 114. Certified Hearing Notice - Milwaukee Now I, LLC, 115. Certified Hearing Notice - Thomas DeMuth 11/18/10, 116. Certified Hearing Notice - Thomas DeMuth, 117. Certified Hearing Notice - Milwaukee Now I, LLC 12/23/10, 118. Agreement with WAVE Development in Letter of 1/13/11, 119. Certified Hearing Notice - MBI Properties, LLC 12/23/10, 120. Certified Hearing Notice - Thomas DeMuth 12/23/10, 121. Hearing Notice List-revised, 122. HPC PowerPoint 9-19-11, 123. DCD PowerPoint 9-19-11, 124. Hearing Notice List, 125. David Uihlein letter, 126. Text of Substitute 1 - 100877, 127. Martha Brown - DCD Letter, 128. Letter Agreement to T. DeMuth, 129. 11-0711 Marriott Milwaukee SD II, 130. Guidelines for New Construction, 131. Guidelines for Demolition
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/27/20110 MAYOR SIGNED   Action details Meeting details Not available
1/19/20110 COMMON COUNCIL AMENDED

Minutes note: Incorporate language relative to Emerging Business Enterprise and and Resident Preference Program participation as set forth in the January 18, 2011, letter from the developer to the City.
Pass13:2 Action details Meeting details Video Video
1/19/20110 COMMON COUNCIL ADOPTEDPass13:2 Action details Meeting details Video Video
1/13/20110 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Individuals present: Jim Owczarski - City Clerk's Office Mark Flaherty - WAVE Development Doug Nysse - Kahler Slater architects Paul Jakubovich - Historic Preservation Commission staff Ald. Willie Hines - President of the Common Council Vanessa Koster - Dept. of City Development Ald. Nik Kovac Opponents to the proposed project: Gail Fitch - city resident Pamela Fraustschi - city resident David Uihlein - adjacent property owner Make the drawings provided by Mr. Uihlein part of the record, by Ald. Bauman. Prevailed. 5-0 (Exhibit 1) Ali Kopit Anna Marie Opgenorth - Historic Milwaukee, Inc. Supporters of the proposed project: Marcus Smith - 1349 N. 22nd St., #203 Clarence Royston Merrie Felder Peter Hanrahan - SEI Local 1 Ken Kramer - Construction and Labor Management Council of Southeastern Wisconsin Steve Bass - Metropolitan Milwaukee Association of Commerce Tom Dixon - Milwaukee Jewelers Jim Villa Dennis Klein - KVS Construction Marne Stuck - Greater Milwaukee Assoc. of Realtors Jamal __ (didn't sign in to speak and came up when another person's name was called) Ald. Murphy moves to make the letter from Wave Development, LLC dated 1/1311 part of the record. Prevailed. 5-0 The motion by Ald. Murphy also includes the provision that, per the letter of the developer dated January 13th, no demoltion will begin until financing is in place. Ald. Zielinski requests that information relating to minority employment will be provided prior to the Council meeting on January 19th. The developer has indicated that he will try to meet the MORE ordinance hiring goals, although he is not required to do so.
Pass3:2 Action details Meeting details Video Video
1/12/20110 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/12/20110 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/4/20110 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
12/23/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
12/22/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
12/13/20100 HISTORIC PRESERVATION COMMISSION HELD IN COMMITTEE

Minutes note: Reconvened into open session at 5:35 p.m. Ms. Ackerman moved, seconded by Mr. Bryant, to open the public hearing. There were no objections. Ms. Nemec recused herself due to a potential conflict of interest. Mr. Jakubovich and Ms. Hatala presented the staff reports. In sum, per Mr. Jakubovich, the buildings do not meet the qualifications for demolition. Applicant: Seth Carroll - managing partner in Jackson Street Management, the developer. The developer will not move forward with any building removal until they can assure the Commission that the development will be occurring. Atty. Tom DeMuth - atty. for the developer Doug Nysse - architect for the project for Kahler Slater Architects The developer also gave a PowerPoint presentation to the Commission. 18 individuals signed in support of the Certificate of Appropriateness, but they did not wish to speak. Supporters: Robert Levine - owner of 5 of the buildings Michael Levine - son of Robert and familiar with the buildings Lyle Balistreri - building trades union Ken Kraemer - Building Advantage Steve Baas - Metropolitan Milwaukee Association of Commerce Jim Villa - Commercial Association of Realtors Wisconsin Marne Stuck - Greater Milwaukee Association of Realtors Bob Greenstreet - signed up to speak, but did not appear Bradley Spiegel - Hanging Gardens, LLC 23 individuals signed up opposed to the Certificate of Appropriateness, but they did not wish to speak. Opponents: Mary Eastwood - city resident Win Thrall - Shorewood resident Barbara Richards - Transition Movement (looking to the past and pre low-oil price days) Ali Kopyt - Milwaukee Preservation Alliance Ann-Marie Opgenorth - Historic Milwaukee, Inc. - approximately 10 individuals who stood upon her request as a show of suppport Stephanie Allewalt - city resident David Uihlein - owner of an abutting property Doug Quigley - city resident Ms. Ackerman moved, seconded by Ms. Balton , to close the public hearing. There were no objections. Ald. Bauman moved, seconded by Mr. Bryant, the following motion: Based on the testimony, exhibits, files and records that have been presented to the Historic Preservation Commission (“HPC”); and Based on the criteria for granting certificates of appropriateness (“COA”) for demolition within an historic district and for the construction of improvements upon property within an historic district contained in Ch. 320-21 MCO; 1. With respect to that portion of the application for a COA that requests a COA to demolish the buildings located at 319-325 E. Wisconsin Ave.; 327 E. Wisconsin Ave. (including 633 N. Milwaukee St.); 625 N. Milwaukee St.; 627 N. Milwaukee St.; and 629-631 N. Milwaukee St. (“the Properties”), a COA shall be and hereby is granted for the partial demolition of the buildings located on the Properties conditioned as follows: A. The front facades of the buildings located on the Properties shall not be demolished but shall be preserved, restored and rehabilitated and incorporated into any improvement or improvements constructed upon the Properties. B. The applicant shall submit detailed plans and drawings prior to the HPC meeting referred to in paragraph 2 below that show the restoration and rehabilitation of the front facades of the buildings located on the Properties and that show the improvement or improvements constructed upon the Properties including how any improvement or improvements will be connected or integrated with the front facades of the buildings located on the Properties. 2. With respect to that portion of the application for a COA that requests a COA for the construction of improvements on the Properties and in light of the conditions contained in paragraph 1 above, the HPC neither grants nor denies a COA but shall and hereby holds the application for a COA to a meeting of the HPC to be held within 30 days of December 13, 2010 at which time the HPC shall consider any plans and drawings for restoration and rehabilitation of the front facades of the buildings on the Properties and plans and drawings for any improvement or improvements upon the Properties submitted by the applicant or take any other action permitted by Ch. 320-21 MCO. Atty. DeMuth addressed the Commission relating to questions he had about the motion. Bradley Spregel - Bayview resident representing Hanging Gardens, LLC Bradley Spregel - Bayview resident representing Hanging Gardens, LLC - prinicipal of Kahler Slater, the project architect The developer presented a PowerPoint presentation of the proposed project.
Pass6:0 Action details Meeting details Not available
11/22/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/19/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/19/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/17/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/8/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/8/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/8/20100 HISTORIC PRESERVATION COMMISSION HEARING NOTICES SENT   Action details Meeting details Not available
11/4/20100 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
100877

Version
SUBSTITUTE 1

Reference

Sponsor
THE CHAIR

Title
Substitute resolution granting the appeal relating to a certificate of appropriateness for various parcels in the East Side Commercial District.

Analysis
This resolution grants the appeal relating to a Certificate of Appropriateness for various parcels in the East Side Commercial District.

Body

Whereas, On November 3, 2010, Wave Development, LLC (Wave) applied for a Certificate of Appropriateness (CoA) from the Historic Preservation Commission (HPC) to demolish five buildings in the East Side Commercial District and a CoA to permit construction of a Marriott hotel; and

Whereas, The HPC, after conducting a public hearing on this matter on January 10, 2011, granted the application for a CoA for demolition; and

Whereas, With respect to the application for a CoA for new construction, the HPC voted that the application be granted with the condition that a set-back for the new improvement is established at a minimum of 15 feet from the datum of the McKeough Building; and

Whereas, An appeal of this latter decision was filed with the office of the City Clerk on January 11, 2011; and

Whereas, The Zoning, Neighborhoods, and Development Committee of the Milwaukee Common Council held a hearing on this matter on January 13, 2011; and

Whereas, The Committee, at that hearing, voted to recommend to the Council granting Wave’s appeal of the HPC’s decision and to have the Council authorize City entry into, and acceptance of, the letter agreement proposed by Wave, dated January 13, 2011, so that certain conditions and safeguards may be imposed so that demolition will not occur without the new project; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that, by at least a 2/3 vote of the Council’s members, acting under s. 320-21-11-f of the Milwaukee Code of Ordinances, Wave’s appeal of the HPC’s January 10, 2011, decision with respect to the CoA for new constru...

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