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 December 12, 2016
Highlights this week- Plan Commission The Cosmos/Spark, 134 S Fair Oaks and the Homeless Day Resource Center on Monday. Rep Chris Taylor shares her research on police use of force standards with the CCOC Subcommittee on Police and Community Relations Tuesday at the Goodman Community Center. The Olbrich Park Biergarten proposal will be at the Bd of Park Commissioners on Wednesday. Also on Wednesday, a neighborhood meeting with Sector 67 to give feedback on their proposed move to 56 Corry St and learn more about what they do.
Monday December 12
5:45p room 201 CCB
If you want to provide comments, email Planning Division Director Heather Stouder before 4p firstname.lastname@example.org. I provided a lot of detail but thought the staff reports had a lot of important information.
14. 44825 Consideration of a conditional use in the TE (Traditional Employment) zoning district to allow construction of an up to eight-story commercial/ office building containing 152,925 square feet of floor area, including a 40,000 square-foot theater/ concert hall on land generally addressed as 801 E. Washington Avenue in Urban Design Dist. 8, with auto parking to be provided off-site.
The November 30 Staff report recommends that the standards may be met after additional review by the Urban Design Commission of Urban Design District 8 standards. There is also a December 12 Addendum to the Staff report. Here are the highlights:
"The applicant, Gebhardt Development, LLC, is requesting conditional use approval to construct an up to eight story commercial/ office building containing up to 152,925 square feet of floor area, including a 40,000 square foot theater/ concert hall on land to be acquired from the City. The approximately 1.17-acre parcel extends along S. Livingston Street from E. Washington Avenue to E. Main Street and is undeveloped following the demolition of the auto sales business that formerly occupied the property by the City in late 2012. The site is one of three acquired by the City from the Don Miller Auto Group in the summer of 2011 using land banking funds. The other two sites are located across E. Washington Avenue from the site and have been or are being developed by the applicant with the Constellation and Galaxie mixed-use developments.
The applicant is seeking approval of two versions of the proposed "Cosmos" development that call for a four story base that may include four-additional stories to be built above the base as a second phase. The applicant has indicated verbally to staff that he will proceed with either the four-story version of the building or the eight story version at commencement; however, the application is structured to allow the applicant to proceed with the additional stories later if so desired. The four-story base of the Cosmos project includes 52,900 square feet of retail and office space to be located surrounding a two-story, 40,025 square-foot theater/ concert hall to be owned and operated by Frank Productions.
No auto parking is proposed onsite to serve the proposed Cosmos retail/ office/ entertainment complex, which requires that the Plan Commission grant a conditional use to fully waive the zoning requirement to provide auto parking per the Zoning Code. The City's adopted 2016 and 2017 capital budgets include $13 million to build a 600-stall parking garage to serve the Capitol East District on land currently owned by Madison Gas and Electric at the southeasterly corner of E. Main and S. Livingston streets. ...Detailed information on the development agreement for The Spark, The Cosmos, and the Capitol East Parking Structure may be found under File ID 44762, which was adopted by the Common Council on November 1, 2016.
Most of the bike parking that will serve the project will be located offsite in the public right of way and therefore may not be counted towards zoning-required bike parking.....The proposed bike parking in the right of way will require approval of a privilege in streets administered by the City's Office of Real Estate Services. If the parking in the right of way is approved, the amount of bike parking to serve the retail, office and any restaurant/ tavern uses in the project should be adequate. However, the Planning Division believes that additional opportunities for bike parking should be identified onsite to serve the project, especially the proposed concert venue. While it is unlikely that there is enough space on site to accommodate 40-45 additional bike spaces to bring the parking on- and off-site up to the number of stalls required for the concert venue, staff feels that additional effort should be made to maximize the bike parking to serve the project. A total of 125 bike parking spaces within 200 walking feet of the doors of the concert venue would be considered by staff to be ideal.
From the December 12 Addendum : "...Planning staff recommends that the Plan Commission open a public hearing on ID 44825 and discuss the merits of the proposed Cosmos development. For the purposes of December 12, the Plan Commission may: ? find the conditional use standards met and approve the four-story version of the project, including 52,900 square feet of retail and office space and the two-story, 40,025 square-foot theater/ concert hall pending final approval by the UDC prior to final sign-off and issuance of building permits, and refer the eight-story version to a future meeting pending a recommendation by the UDC (the eight-story project would likely return as a separate conditional use request with a different legislative file identification number and new public hearing); or ? find that the standards are not met for either version of the project and either refer the project to a future meeting or place it on file, citing in both cases the standard(s) that have not been met and the reasons such standard(s) was not met."
The Cosmos proposal received Initial Approval at the Urban Design Commission on November 30
15. 44826 Consideration of a conditional use in the TE (Traditional Employment) zoning district to allow construction of an eight-story, 158,000 square-foot office building on land generally addressed as 819 E. Washington Avenue in Urban Design Dist. 8, with auto parking to be provided off-site.
The Spark proposal received Final Approval at Urban Design Commission November 30.
Highlights: "The applicant, American Family Insurance, is requesting conditional use approval to construct a nine-story 158,000 square-foot office building known as "The Spark" on land to be acquired from the City. The approximately 110-foot wide, 0.84-acre parcel extends between E. Washington Avenue and E. Main Street approximately 150 feet northeast of S. Livingston Street.
In general, the Planning Divisions believes that the proposed office building can meet the standards for conditional use approval. The proposed building is well designed and appears to comply with many of the requirements in Urban Design District 8 and substantially complies with the recommendations for the subject site in the East Rail Corridor Plan, East Washington Avenue Capitol Gateway Corridor Plan, and Comprehensive Plan, specifically the creation of new high-density office space in fulfillment of plan recommendations for the corridor dating back over a decade."
16. 44993 Consideration of a conditional use for dwelling units in a mixed-use building in TE (Traditional Employment District) zoning to allow construction of a residential addition to an existing commercial building at 134 S. Fair Oaks Avenue; 6th Ald. DIst. to contain 80 apartments and 2,500 square feet of commercial space.
Please read the Staff report to fully understand the issues the site presents given its location adjacent to Madison Kipp Corporation.
Highlights from the staff report: "The proposed development will provide 80 residential units ? 68 of which are affordable ? while simultaneously re?purposing the site's existing building. Of particular note, 16 of the units will be available at 30 percent area median income – eight of which will be targeted to homeless families, while the other eight will be targeted to veterans.
Regarding conditional use Standard 1, "The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare." The primary and immediate concerns are potential impacts related to the site's presence directly across Gateway Place (roughly 75 feet away from the proposed building, at its closest point) from the Madison?Kipp Corporation (MKC) facility located at 166 S. Fair Oaks Avenue. The facility operates seven aluminum die casters 24 hours per day, five to six days per week, and 52 weeks per year.
The MKC property, which is owned by the City of Madison, previously housed a bus storage facility. It is known that the facility has historic residual petroleum contamination from underground tanks. As a result, the applicant has indicated that they decided to complete both a Phase 1 and Phase 2 Environmental Site Assessment (ESA) on the subject site within the past few months in order to rule out any underground migration of this contamination from the facility across Gateway Place. The summary of the results of these assessments have been viewed by City Engineering Division staff who noted that the contaminants found on the subject site are typical of those frequently found within soils on the Isthmus and within the central city. The applicant has stated that some Polycylic Aromatic Hydrocarbons (PAHs) and metals were found, but that the site was negative for lead and Volatile Organic Chemicals (VOCs). The applicant will dispose of the soils with PAHs and metals as part of preparing the site for construction.
When siting new residential uses in close proximity to existing industrial uses, air quality should also be considered. To help mitigate against impacts on the immediate area, MKC installed tall stacks on the building many years ago. The furnace stack near the southeastern corner of the building rises roughly 75 feet above the ground (and sits approximately 80 feet from the subject property line; roughly 105 feet from proposed development), while the three plant ventilation stacks, located near the roof peak, directly across from the subject property, rise approximately 80 feet above ground level (and sit 150 feet from the subject property line; roughly 175 feet from proposed development).
The Planning Division have been in communication with Madison?Dane County Public Health regarding the aforementioned concerns related to air quality and ground contamination as well as the suitability of locating the proposed residential development on a known contaminated site nearby an active industrial facility. While initial discussions have suggested no serious concerns, a more detailed memorandum is forthcoming from Madison?Dane County Public Health and the Plan Commission shall give due consideration to its findings when determining if the conditional use standards can be met.
The Planning Division is also concerned about the proposed development related to Conditional Use Standards 3 and 4, which pertain to the uses, values and enjoyment of other property in the neighborhood being negatively affected, and the impact of the proposal on the normal and orderly development in the neighborhood. As included...below, such concerns have also been expressed by MKC regarding the introduction of residential uses in close proximity to an active industrial use, which will take access from a street that also serves a public utility garage, landscaping company, and electric substation, as well as impacts from the proposed project on uses, values and enjoyment and normal and orderly development per standards 3 and 4. (A full copy of the letter from T. Koblinski, President & CEO, Madison?Kipp Corporation has been included in your packet of materials).
From MKC President Tony Koplinski: " First and foremost, the proposed homes, if built, will undoubtedly impair MKC's ability to continue operating its facility as it has for the past 30 years. New residents, bothered by truck traffic, noise or light from the neighboring factory, will ask MKC to scale back its operations. If the residents are not satisfied with MKC's response, they will ask their alder or city staff to intervene. The outcome is predictable: the use that MKC is permitted to make of its property will diminish in order to accommodate the neighbors' concerns. [...] Additionally, I would like some assurance that either the City or the residential developer/property manager will bear the cost of any expenditure necessary to resolve the situation when the inevitable conflicts do arise. MKC has no plans to move our operations from this site and we would expect that we will be allowed to continue operating our facility as we see fit, in compliance with all applicable laws, as we have for the past 30 years." ?? T. Koblinski, President & CEO, Madison?Kipp Corporation
In light of the above comments, the Plan Commission needs to clearly decide if the submitted proposal is indeed compatible with the existing uses in the neighborhood, and should assume these surrounding uses will not change anytime soon. The MKC facility across Gateway Place should not be expected to change its operations to accommodate the proposed residential development."
My comments: The applicant - Stone House Development- is one of the best affordable housing developers in the City. They build and manage high quality housing. After hearing concerns from nearby residents at the first neighborhood meeting, they reduced the height of the building from five to four stories. They listened and responded. Stone House was awarded city Affordable Housing Funds to leverage their spring 2017 application to WHEDA for affordable housing tax credits. In a more residential location, I would be 100% in support of this project. We need more affordable housing. But the adjacency of the proposed project to an active industrial use gives me pause. Over the years,I have facilitated community conversations about PCE/PCB/PAH remediation at Kipp and recently around a new development next to Schoeps ice cream plant. If 134 S Fair Oaks is constructed, I expect that I or future alders will get constituent complaints about truck traffic and idling, loading dock deliveries, plant noise, and smells because of the proximity to Kipp's aluminum die casting plant. It is hard for me to support this project knowing the likelihood of conflicting uses in the future.
The Public Health memo indicates that a scientific sampling of air quality is complicated and refers to efforts in 2006 that showed the difficulty of ascribing Kipp as source of particulate matter given surrounding environmental conditions. According to the memo, the primary source of odors will be vaporization of lubricants sprayed on machine molds. The memo doesn't discuss the extent of emissions from melting aluminum to create the molds.? The memo outlines the work Kipp has done at their Waubesa St plant to remediate the PCE spills and PCB contamination but ultimately acknowledges there will be odors, noise and gasoline and diesel exhaust emissions that will be part of the new development but nothing that they can pinpoint as creating human health hazards. The memo does not diminish my concerns, I continue to question the wisdom of constructing housing next to an industrial facility knowing that there will likely be conflicts and question whether the conditional standards for 1,3 and 4 can be met.
17. 44994 Consideration of a conditional use to convert an existing office building into a daytime shelter at 615 E. Washington Avenue; 6th Ald. Dist; Urban Design Dist. 8.
Highlights from the Staff report: "The County of Dane is requesting approval of a conditional use for a daytime shelter to allow the former Greater Madison Chamber of Commerce office building at 615 E. Washington Avenue to be converted into a daytime resource center for the homeless. ..Parking for approximately 50 autos is provided on the portion of the site extending towards S. Blair, with access to the site provided from a driveway located in the 33-foot wide projection out to E. Main Street. ...The site is zoned CC-T (Commercial Corridor–Transitional District), which allows daytime shelters as a conditional use subject to supplemental regulations.
The County is partnering with Catholic Charities, Inc. Diocese of Madison ("the operator") to operate the proposed facility, which will be funded in part by the City of Madison and The United Way of Dane County. According to the letter of intent and management plan filed with the conditional use request, the day resource center will provide a number of basic needs services for users on the first floor of the converted building, which will be managed by the operator, including a computer lab, daytime shelter from the elements, kitchen, laundry, mail/message center, private office space for meetings, separate enclosed indoor/outdoor space for families, showers, space for patrons to temporarily store belongings during center hours of operation, document storage, and telephone access. An approximately 3,175 square-foot screened outdoor courtyard area is proposed adjacent to the southerly entrance of the building facing E. Main Street, which will serve as outdoor program space for use by patrons, staff and visitors.
The letter of intent indicates that the 287 total occupants would be possible in the building per the Building Code, with 106 occupants on the second floor and 181 occupants on the first floor. The letter of intent indicates that the conceptual furniture plan provided could "comfortably" seat approximately 100 people on the first floor. A specific occupancy will be posted by code before public occupancy may occur, which may be less than the maximum number allowed by code. (The occupancy could also be limited through the conditional use approval if so desired by the Plan Commission.) The applicant proposes 30 auto parking stalls to serve the day resource center, which will primarily be located on the portion of the site abutting S. Blair Street. Sixteen bike parking stalls are also proposed. Hours of operation for the day resource center will be 8:00 AM to 5:00 PM seven days a week, with operations planned 365 days a year. The applicant and operator request that the hours of operation be approved as 6:30 AM to 6:00 PM daily to allow the operator to respond to client needs in the event of weather emergencies. No nighttime services or overnight accommodations are proposed.
The Planning Division believes that the conditional use standards and supplemental regulations for daytime shelters can be met with the proposed Dane County day resource center at 615 E. Washington Avenue."
Of interest are three of the nonstandard conditions requested by agencies:
Condition of approval # 3. No outdoor personal storage lockers are proposed at this time, and no such facilities shall be allowed on-site without an alteration to this conditional use to be approved by the Director of the Planning Division or the Plan Commission following a recommendation by the district alder. Any future request for personal storage lockers on the subject site shall include a detailed plan for placement of the lockers, the structural details of the lockers to be used, and all supplemental operational information required in Section 28.151 of the Zoning Code. No personal goods shall otherwise be stored on this site except as described in the letter of intent and operations plan for the daytime shelter.
Condition of approval #7. The final management plan for the daytime shelter shall provide more information on how users of the center will be discouraged from arriving before the regularly scheduled 8:00 AM opening in an effort to address earlier concerns about loitering and vagrancy at the site and in the surrounding areas.
Condition of approval #16. Users of this site will have need to cross E. Washington Avenue, which is also US Highway 151. With the current configuration of the intersection of Blair Street and E. Washington Avenue, there are no simple solutions for providing a direct route across E. Washington Avenue, therefore when crossing from the north to the south side of E. Washington Avenue at Blair Street, a three-stage crossing will be required. A new traffic signal is planned at S. Blair Street and E. Main Street, which will provide a good connection from the east-west side of Blair Street along the Main Street corridor. If approved, the applicant shall be aware that no pedestrian improvements will be available until redevelopment happens on the north side of E. Washington Avenue and/or a complete reconstruct of E. Washington Avenue and Blair Street occurs. The applicant shall also be aware that potential reconstruction may not fully address pedestrian crossing concerns and users may still be required to cross in multiple stages."
Several nearby commercial property owners have requested additional conditions, see letter from Atty Bill White in the Legistar file. Having read the application from the County, several of the issues raised by nearby property owners have already been addressed in the management plan. Other requested conditions, in my opinion, aren't very reasonable and I would not support.
One outstanding issue is long term storage which will continue to be located at the Social Justice Center on Williamson St. My goal is to eventually provide this service at the Day Resource Center. As noted in the County's application, the City-County Homeless Issues Committee will continue to work on this issue.
Aside from that unresolved long term storage issue, I am relieved that the County has found a site that is close to downtown services and is not immediately adjacent to residential uses and I am pleased that the Day Resource Center has found a home in the Capitol East District.
19. 44999 Approving a Certified Survey Map of property owned by Madison Elks Lodge No. 410 located at 711-719 Jenifer Street; Third Lake Ridge Historic Dist.; 6th Ald. Dist.
From the Staff report: The applicant, hereinafter referred by their colloquial name, the Elks, own a one-story lodge with partially exposed lower level at 711 Jenifer Street and a single-family residence next door at 719 Jenifer. The division of the two parcels is intended to allow the Elks to sell the house on a smaller parcel while consolidating all of the platted lots underneath the lodge into one lot. No redevelopment of either parcel is proposed at this time. The applicants wish to record the CSM as soon as all regulatory approvals have been granted.
The Landmarks Commission granted a Certificate of Appropriateness for the land division at its September 19, 2016 meeting. In granting the approval for the current lot configuration, the Landmarks Commission noted that the proposed CSM "maintains the historic lot pattern of the historic district and to note that the proposed 5-foot width of lake access is a minimum width that the Commission would consider."
I serve on Landmarks and feel this compromise meets the Third Lake Ridge historic district standards and allows the Elks to meet their goals as well.
Tuesday December 13
CCOC Subcommittee on Police and Community Relations
6:30p, Evjue room Goodman Community Center 149 Waubesa St.
5. Presentation: Use of Force Proposals – State Rep. Chris Taylor Suspension of Roberts Rules of Order may occur on Agenda Item No. 5 to allow the subcommittee to act informally, thereby allowing for the public to participate in subcommittee discussions and provide testimony. The chair shall maintain order and decorum, any motions must remain in accord with Robert's Rules; the suspension of the Rules applies only to this item.
Rep. Chris Taylor and her staff have spent many hours researching use of force policies around the country. Her efforts have already started to change the local debate about standards for use of force. I hope you can join us.
Wednesday December 14
Board of Park Commissioners
6:30p Warner Park Community Recreation Center 1625 Northport Dr
19 45397 BKM Operational Plan for a Biergarten Proposal at Olbrich Park Beach DISCUSSION AND POSSIBLE RECOMMENDATION
From the staff report (edited):
This spring, Parks released a RFP for placemaking services at Olbrich and Marshall beach houses. The intent of the RFP was to identify public-private partnerships that would bring positive placemaking opportunities to both facilities, which are currently underutilized. An interagency panel reviewed the submissions and conducted in-person interviews. Rutabaga Paddle Sports and BKM (Biergarten) were selected for Olbrich and Outdoor Madison (now called Mendota Boats, LLC) was selected for Marshall.
At Olbrich the RFP panel determined that combining boat rentals and biergarten food/beverage concessions would create a strong partnership and environment for new uses and extending the stay in the park for current users. The success of restaurants and biergartens in other city parks across the country opened the door for it to be considered here in Madison. The proposal is for a relaxed family-friendly atmosphere that offers more access to the lake for boat rentals, provides a more welcoming environment for people to enjoy shoreline vistas with a well maintained picnic area and food/beverage offering, as well as have investment in the building and fostering an atmosphere of positive active public space.
The lease is proposed for 2017 to 2019, with potential for two renewal terms until 2023. Under the current proposed operation plan, the total financial benefit to the City would be $234,800. This includes $62,500 in capital investment, $6,300 in vending fees and $166,000 in facility use fees. Factors such as hours of operations and seating capacity may impact the final financial benefit.
The draft agreement is being presented at the Park Commission in order to review the overall concept and operational proposal. At the 11/16/16 ALRC meeting, the ALRC Committee referred the license application and requested feedback from Park Commission about the operational proposal for them to consider in making a decision to issue an alcohol license or not. The decision by the Park Commission will be sent to the ALRC for them to include conditions.
Premise- No fence currently proposed to allow picnic area to remain open to public
Noise - PA1 permit level sound only allowed. Four special event days would be allowed with a PA2 permit, which would need to be approved by the Park Commission. PA1 permits have a sound limit of 75 decibels at 150 feet from the source. PA2 permits have a sound limit of 95 decibels at the sound board or 100 feet from the source, whichever is closer.
Hours - Up to 55 hours per week. Alcohol sales end at 9:30 pm. Park closes at 10 pm.
If you want to email comments to the Park Commission, send them to Eric Knepp before 4p on Wednesday email@example.com
Wednesday December 14
Neighborhood Meeting- Sector 67 is moving
6:30p 2100 Winnebago St
?Sector67, a non-profit community workshop, has operated since September 2010 at 2100 Winnebago Street, offering classes, tools and workspace to the community. They intend to move their operations from the current location to 56 Corry Street and are in the process of fundraising and planning for the project. Please join me for a neighborhood meeting where we will learn more about Sector67's activities, see a short presentation on the proposed move and have a tour of the workshop. You will have the opportunity to ask questions and provide feedback.
The postcard erroneously gave the date as Thursday Dec 14, the meeting is Wednesday...
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