Alder Marsha A. Rummel
210 Martin Luther King, Jr. Blvd
Madison, WI 53703
Phone: (608) 266-4071
Fax: (608) 267-8669
WI Relay Service
Alder Rummel’s Updates
D6 Items of Interest Week of November 6, 2017
Highlights: The Plan Commission reviews 131 S Fair Oaks, the Kessenich site, as conditional use for demolition and new construction. The developer has made changes to break up the massing along Fair Oaks, increase the setbacks from Emmet St., and made the driveway entrance closest to the bike path a one way in configuration which will reduce conflicts with the bike path. There are concerns about siting housing across the street from Madison Kipp. Kipp is regulated by the WI DNR (and EPA) for air quality. One new piece of information I learned from City Public Health is that DNR has decided they will require new air emission modeling studies next year. City staff believe the air quality should not be a concern for residents at 131 S Fair Oaks. The developer proposes to provide units at market rates but states the rents will be less than rates in some of the new high rises downtown and on E Washington. There will be an employment component that replaces the jobs that are currently at Kessenichs with retail and office uses.
I will attend the public hearing and listen to public testimony, the comments of Planning staff and Plan Commissioners. I believe the developer, Mike Thorson and his team, have done their due diligence by hiring a third party environmental engineer to be certain they understand the environmental legacy of the site and conducted an air modeling study to determine the impact of Kipp on future residents.
If you want to share comments about this project, please email them to Heather Stouder by 4p Monday so she has time to copy them for the Plan Commission, firstname.lastname@example.org.
Monday November 6, 2017
4:30p, room 354 CCB
7. 49327 Authorizing the Mayor and Chief of Police to accept a 2017 COPS Community Policing Development grant of $39,231 for officer resiliency training; and amend budgets accordingly.
The President's Task Force on 21st Century Policing Report considers officer wellness and resiliency a pillar of what law enforcement needs for this century. In addition to fitness- and safety-oriented activities, MPD has several programs to address officer stress management after critical incident and has explores using mindfulness training to help officers manage stress, but until now has not incorporated a wellness and resiliency training for all sworn officers. The COPS Office has made a grant award of $39,231 to fund the Department's proposed resiliency program Implementation to train its sworn commissioned officers in an evidence-based officer wellness and resiliency program to improve officers' emotional well-being, stress coping and interpersonal skills, which will enable them to more effectively implement problem-solving and relationship building techniques that are the basis of the Department's problem-oriented community policing method?.
Expanding this pilot program was one of the 13 recommendations adopted by the Common Council President's Work Group on Police and Community Relations.
9. 49285 Amending Section 4.21(2) of the Madison General Ordinances to include lodging marketplaces as entities subject to the room tax.
Fiscal Note: This ordinance adds "lodging marketplaces" to the definition of entities subject to the room tax. An example of a "lodging marketplace" is Air BnB. The City currently has an agreement with Air BnB to collect room taxes from participants on their platform that rent a short-term rental to an occupant and collects the consideration for the rental from the occupant. Based on two months of room tax collections from Air BnB, estimated collections from lodging marketplaces could be $300,000 to $400,000 annually.
13. 48791 Accepting the Judge Doyle City Staff Team Report, Selecting theMadison Freewheel Bicycle Co. as the Operator for the Madison Bicycle Center in the Judge Doyle Project on Block 88 Subject to the Negotiation of a Final Contract, and Directing Further Actions
17. 49290 Authorizing the Mayor and City Clerk to enter into an agreement with Dane County for the following purposes in the calendar year 2018: (1) providing the Transit Utility with MA Waiver Community Integration Program (CIP) funding; (2) providing Dane County with State 85.20 funding by the Transit Utility for the County's provision of accessible transportation for persons unable to use the Transit Utility's paratransit services with its service area.
Fiscal Note: The proposed resolution is part of a package that includes Legistar file 49289 and 49290. These resolutions authorize Metro to accept funding from Dane County to support Paratransit services through the first part of 2018. In total, the City will receive $1,020,357 to continue offering contracted Paratransit services at the current level of service. Upon completion of utilizing these funds, Paratransit services will be provided through a contract only basis including the following service level changes:
1. An increased ride fare from $3.25 to $4.00
2. Change the origin-to-destination service to curb-to-curb instead of door-to-door
3. Establish parameters for subscription service riders.
4. Eliminate the leave attendant service option.
5. Cash fare payment instead of ticket and billing option.
22. 49339 Authorizing the allocation of up to $769,869 among nine non-profit agencies to help finance the provision of an array of homeless services beginning in 2018, as the result of a competitive RFP process conducted by the Community Development Division; and authorizing the Mayor and the City Clerk to enter into agreements with those agencies to implement the designated programs and services.
See the attached documents for a list of the priority areas, programs and total grants to allocatees.
Monday November 6
5:30p room 201 CCB
7. 47513 Supporting the Bus Rapid Transit (BRT) Inter-Agency Staff Team recommendation to proceed with Phase 1 Project Development in an east-west corridor running through the UW Campus and Madison's Central Business District (CBD), with the east and west project termini to be determined.
10. 48497 Consideration of a demolition permit and conditional use to demolish a warehouse/ retail building and construct a mixed-use building with 11,000 square feet of commercial space and 161 apartment units at 131 S. Fair Oaks Avenue; 6th Ald. Dist.
Note: No changes have occurred to the project plans for ID 48497 since the October 16, 2017 referral. Members of the Plan Commission should refer to the large-format plans provided with the materials for that meeting. Otherwise, PDFs containing all of the materials related to this request, including the project plans, are attached to the legislative file for this project. Additionally, three documents related to air quality and ground contamination are attached to ID 48497 for the Plan Commission to review. However, due to their size, the 33-page air quality study commissioned by the applicant (dated September 12, 2017 with September 21 revision) and the 145-page Phase 2 Environmental Site Assessment for the property were not copied for the Commission's meeting materials.
Staff Report: The applicant is requesting approval to demolish the one-story, 42,200 square-foot Kessenich's Limited restaurant supply store and warehouse to allow construction of a five-story mixed-use building on a 3.38-acre site located on the east side of S. Fair Oaks Avenue and north side of the Capital City Trail. The proposed mixed-use building will contain 11,000 square feet of commercial space and 161 dwelling units.
The Plan Commission may not approve an application for a conditional use unless it can find that all of the standards found in Section 28.183(6)(a) are met. That section also states: "The City Plan Commission shall not approve a conditional use without due consideration of the recommendations in the City of Madison Comprehensive Plan and any applicable, neighborhood, neighborhood development, or special area plan, including design guidelines adopted as supplements to these plans." Likewise, in order for the demolition of the existing building to be approved, the Plan Commission must also find that both the requested demolition and the proposed use are compatible with the purpose of Section 28.185 of the Zoning Code and the intent and purpose for the zoning district in which the property is located, and to consider the effects the demolition and proposed use would have on the normal and orderly development and improvement of surrounding properties. The proposed use of the property following the demolition should also be consistent with the Comprehensive Plan and any adopted neighborhood plans.
The Planning Division feels that the Plan Commission should give particular consideration to standards #1, #4 and #9 in deciding whether the proposed conditional use requests should be approved:
1. The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
4. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
9. When applying the above standards to any new construction of a building or an addition to an existing building the Plan Commission shall find that the project creates an environment of sustained aesthetic desirability compatible with the existing or intended character of the area and the statement of purpose for the zoning district.
The Planning Division believes that specific consideration of standard #1 is warranted in the case of the proposed mixed-use building due to its proximity to an aluminum die casting facility operated by the Madison Kipp Corporation located directly west of the site across S. Fair Oaks Avenue on the south side of Gateway Place. Gateway Place is also home to two landscaping businesses and a garage and storage yard for AT&T telephone land line field repair crews. In addition to the application conditional use standard #1, supplemental regulations in Section 28.151 require that new residential uses in the TE district not be located where potential nuisances exist, including excessive vibration, dust, noise, light, glare, smoke, odor, or truck traffic, and that any such residential uses be adequately separated or buffered from adverse impacts from existing industrial uses.
The mixed-use building proposed for 131 S. Fair Oaks Avenue will stand five stories and 58 feet in height. New buildings in TE zoning are allowed by right to be up to five stories and 68 feet in height, with additional height possible through conditional use approval. However, despite the proposed building being within the permitted height allowed by the Zoning Code, Planning staff would suggest that not every site zoned TE may be appropriate for a five-story building. The Plan Commission should consider whether the scale and mass of the proposed building reflects the normal and orderly development of surrounding properties and whether it will create an environment of sustained aesthetic desirability given the scale and mass of existing buildings in the surrounding context.
The Kipp die casting facility operates 24 hours per day, five to six days per week, and 52 weeks per year. The presence of this long-established industrial use was a consideration when the Plan Commission reviewed a mixeduse building proposed at 134 S. Fair Oaks Avenue, which is northwest of the proposed building and across Gateway Place from the Kipp manufacturing facility. That proposal, which was approved on a 4-2 vote of the Commission on December 12, 2016, called for 80 dwelling units in a four-story residential addition to an existing one-story, 3,460 square-foot brick commercial building located on that site, including a wing of the L-shaped residential addition set back 13.2 feet from and parallel to Gateway Place (for information on the 134 S. Fair Oaks project, please see ID 44993).
While the applicant for 131 S. Fair Oaks indicates that there is ground contamination present on the subject site from historic uses of that property, it does not appear to be from the adjacent Kipp facility. However, as was the case with the 134 S. Fair Oaks proposal, air quality should be considered when approving additional dwelling units in close proximity to an established manufacturing use. Three ventilation stacks serving the Kipp facility rise roughly 75 feet above grade, with the nearest stack located 195 feet across Fair Oaks from the proposed development (see Sheet A300 of the plans). Based on information provided by Madison-Dane County Public Health last year during consideration of the 134 S. Fair Oaks project, there should not be an air quality concern generated by the Kipp facility for the proposed development (see the attached December 8, 2016 memo from John Hausbeck). However, in order to find both standard #1 and the supplemental regulations for dwelling units in TE zoning met, and to limit any impacts from noise and odors from commercial vehicle traffic, the adjacent railroad corridor, and from the existing manufacturing facility, Planning staff recommends that similar conditions on window quality and wall insulation applied to 134 S. Fair Oaks be applied to the 131 project should it be approved. Those specific conditions are included in the "Recommendations" section at the end of this report.
- Upcoming Matters - November 20, 2017 - 118-122 State Street - Demolition Permit and DC to PD(GDP-SIP) - Demolish six-story commercial building to construct nine-story, 120-room hotel with first floor restaurant-tavern and rooftop lounge (Referred at request of applicant)
Wednesday November 8
Urban Design Commission
4:30p room 351 CCB
2. 49154 1965 Atwood Avenue - Major Alteration to a Comprehensive Design Review for "Monona Bank." 6th Ald. Dist. Owner: Mark Schellpfeffer, Monona Bank Applicant: Monica Schneider, Appleton Sign Company Final Approval is Requested
3. 49155 600 Williamson Street - Comprehensive Design Review for "The Gateway." 6th Ald. Dist. Owner: Louis Fortus, The Gateway Applicant: Mark Jawson, Signarama Final Approval is Requested
6. 46482 118-122 State Street - New Development of a Hotel in the Downtown Core. 4th Ald. Dist. Owner: Eric Nordeen, 122 State Street Group, LLC Applicant: Jeff Vercauteren, Husch Blackwell, LLP Initial/Final Approval is Requested
7. 48454 811 East Washington Avenue - Comprehensive Design Review for "The Gebhardt Building" Located in UDD No. 8. 6th Ald. Dist. Owner: Otto Gebhardt, Gebhardt Development Applicant: Mary Beth Growney Selene, Ryan Signs, Inc & Caroline Altfeather, ZebraDog Final Approval is Requested
8. 48453 821 East Washington Avenue - Comprehensive Design Review for "The Spark" Located in UDD No. 8. 6th Ald. Dist. Owner: American Family Financial Services, LeeAnn Glover Applicant: Caroline Altfeather & Erin Rago, ZebraDog Final Approval is Requested
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