D6 Items of Interest Week of January 8, 2024

The city is back to work with Plan Commission, Common Council, and Urban Design Commission meetings this week. The big item at the Council is an appeal of the Landmarks Commission decision granting a Certificate of Appropriateness for new construction on the site of a designated city landmark at 3701 Council Crest, aka Old Spring Tavern. We also have two honoring resolutions and an award of the 17th Annual Jeffrey Clay Erlanger Civility in Public Discourse Award to Dr. Fabu Carter.

Monday January 8 – Landmarks Commission-  5p LC Agenda 01.08.24

2. 80836 10 S Franklin Street - Construction of a garage structure in the First Settlement Historic District (District 6) PUBLIC HEARING - REQUEST FOR CERTIFICATE OF APPROPRIATENESS

3. 81365 Review of National Register Nomination for the Italian Workmen's Club - 914 Regent Street (District 8)

5. 81161 Buildings Proposed for Demolition – 2024 Demo Report 01.08.24

-702 E Washington Avenue 

Applicant: Chris Houden, Willow Partners LLC Applicant’s Comments: This demolition is associated with a redevelopment Project located at 702 East Washington Avenue - a 14-story multi-family/commercial mixed-use project. Land-use & urban design applications are submitted for this Project. Staff Findings: The WHS site file indicates that the Commercial Vernacular industrial building was known historically as Kayser Motors, and also served as a home for the QTI group. The preservation file also notes that it was designed by architects Claude and Starck. The property has undergone significant alteration resulting in a loss of historic integrity. Staff Recommendation: Staff recommends a finding of historic value as the product of an architect of note, but the building itself is not historically, architecturally, or culturally significant due to the loss of integrity.

-428-430 State Street 

-432-436 State Street 

-440-444 State Street     

The Landmarks Commission reviewed the proposed demolition of these buildings on January 31, 2022, and made the finding that “the buildings at 428-430 State Street and 432-436 State Street have historic value based on their status as contributing structures in a potential National Register Historic District. The building at 440-444 State Street has historic value related to the vernacular context of Madison’s built environment and its intact condition.” The 2022 action report related to that discussion is attached to this report.

Monday January 8 – Plan Commission- 5:30p PC Agenda 01.08.24

2. 81076 1738 Roth Street (District 12): Consideration of a conditional use in the Commercial Corridor-Transitional (CC-T) District for a mission house. 

The applicant proposes to convert an existing residential building into a mission house. A mission house is a facility operated by a religious institution or nonprofit organization that provides lodging, and may also include the provision of meals, worship services, or other supportive services. The Dane County Department of Human Services will operate a “transitional living program” for individuals aged 18-21 with a maximum housing period of 2 years. They expect to have a maximum of seven residents, which would include one resident mentor who provides support to residents and helps manage day-to-day operations. The program will offer supportive services to help residents with securing sustainable funds for permanent housing, employment readiness and supports, financial education and literacy, teaching and practicing of renter etiquette, housing navigation (as needed), learning to foster healthy relationships, understanding and managing health care resources, increasing daily living skills, transportation support, assistance obtaining benefits (as needed), fostering positive activities, and connection to Behavioral Health programs (as needed). The program would start in March 2024. Per the applicant, the building has previously been used for a transitional living program. 

3. 80686 529 University Avenue (District 2): Consideration of a demolition permit to demolish a restaurant-tavern.  Note: Item 3 should be referred to March 11, 2024 at the request of the applicant.

4. 81251 1003 Huxley Street (District 12) (Noticed as "2007 Roth Street (Lot 1 of proposed Certified Survey Map")): Consideration of an alteration to an approved conditional use in the Traditional Residential-Urban 2 (TR-U2) District for a multi-family dwelling with greater than 60 units to allow architectural changes to an approved six-story, 250-unit apartment building 

5. 81252 905 Huxley Street (District 12) (Noticed as "2007 Roth Street (Lot 2 of proposed Certified Survey Map")): Consideration of an alteration to an approved conditional use in the Traditional Residential-Urban 2 (TR-U2) District for a multi-family dwelling with greater than 60 units to allow architectural changes to an approved seven-story, 303-unit apartment building.

Staff Report Legistar 81251 and 81252 : “No changes to the size, placement, or uses of the building are proposed. As such, as before, staff believes that the proposed development and requested conditional uses are consistent with underlying land use recommendations of the Oscar Mayer Special Area Plan. 

The applicant had initially sought the requested changes be considered as an administrative “minor alteration.” Due to concerns on the changes and inconsistencies with what was previously approved, staff declined to approve this through that process and the applicant has filed these major alteration requests for Plan Commission consideration. Staff recommend that careful consideration be given to these requests related to the applicable conditional use standards. In both cases, staff believes that the primary conditional use standard for consideration is Standard 9, as the removal of balconies and changes to the roofline significantly impact the design of both of these very large buildings and prominent facades. Staff also has a general concern regarding the impacts on the quality of the living space due to removal of personal balconies. However, both the approved and proposed building designs with their large at-ground and structured rooftop courtyards have far more useable open space than required by the zoning code and are located directly across Huxley Street from a large public greenspace. 

On balance, staff believes it may be possible for the Plan Commission to find the conditional use standards met for the proposed changes to the doors, balconies, and roofline. While the Plan Commission has jurisdiction over conditional uses and major alterations to approved conditional uses, the zoning code also provides the Plan Commission the procedural option to further refer the modifications to the Urban Design Commission for an advisory opinion, should that be found necessary in order to find Conditional Use standard 9 is met. Staff have received at least one public comment regarding these requests from the public, which has been attached in the Legislative Information Center.”

I understand the applicant is value engineering the buildings to save money in this chaotic real estate market, but considering the scale of these buildings, it should be referred back to UDC.

6. 81024 Creating Section 28.022-00663 of the Madison General Ordinances to change the zoning of property located at 33 West Johnson Street from UMX (Urban Mixed Use) District to PD (GDP) (Planned Development-General Development Plan) District and creating Section 28.022-00664 to approve a Specific Implementation Plan. (District 4) 

7. 81199 33 W Johnson Street (District 4): Consideration of a conditional use pursuant to MGO Section 28.134(3) for projections into the Capitol View Preservation Limit to allow conversion of a former six-story school into a six- to eleven-story mixed-use building with 16,000 square feet of commercial space, 134 apartments, and 341 hotel guest rooms.

Note: Items 6 and 7 are related and will be considered as one public hearing. Following the public hearing, the Plan Commission shall make separate findings and motions on each agenda item

Staff Report Legistar 81199: “The applicant is seeking approval to convert an existing building originally used as a high school and most recently used by MATC into a mixed-use building with 134 dwelling units and commercial spaces. The applicant is also seeking approval to construct an eleven-story addition with 345 hotel rooms, structured parking, and restaurant, retail, and meeting/event space....

Conclusion: The applicant is requesting approval of a request to rezone 33 West Johnson Street from UMX (Urban Mixed Use District) to Planned Development-General Development Plan-Specific Implementation Plan (PD-GDP-SIP) and approval of a conditional use request for projections into the capitol view height area. Staff believes that the proposal, specifically regarding the rezoning and planned development district, can be found to be consistent with the recommendations of the Comprehensive Plan and the Downtown Plan. Regarding the conditional use for the projection into the capitol view height area, staff does not believe the height of the mechanical yard will have a visual impact that affects any view of the Capitol and that it will not impact neighboring properties. 

Based on the integration of the addition to the architecture of the existing building, the height and bulk of the proposal compared to surrounding structures, the provision of off-street parking and loading, street-level activation, conformance to the City’s adopted Downtown, Design Guidelines, and extensive revisions to the project through work amongst the applicant, City Staff, and the Neighborhood Association, the Planning Division believes the conditional use standards can be found met.”

Upcoming Matters – January 22, 2024

- 702-734 E Washington Avenue - Demolition Permit and Conditional Use - Demolish commercial building to construct 15-story mixed-use building with up to 15,000 sq. ft. of commercial space and 244 apartments in Urban Design Dist. 8 

- 929 E Washington Avenue - Conditional Use Alteration - Construct 15-story, 265-room hotel in Urban Design Dist. 8

- 506-518 E Wilson Street & 134-148 S Blair Street - PD(SIP) Alteration - Amend Specific Implementation Plan for Essen Haus, etc. to allow outdoor recreation, weekly outdoor events, and special seasonal events in parking lot

Upcoming Matters – February 5, 2024

- 139 W Wilson Street - Demolition Permit and Conditional Use - Demolish apartment building and construct 16-story apartment building with 320 units in UMX zoning

Tuesday January 9 – Common Council – 6:30p CC Agenda 01.09.24

1. 81269 Honoring the 50th Anniversary of the Madison Arts Commission
2. 81348 Expressing sincere appreciation to retired Madison Police Department Captain Kelly Donahue for her years of dedicated service to the City of Madison.
3. 81360 Awarding the 17th Annual Jeffrey Clay Erlanger Civility in Public Discourse Award to Dr. Fabu Carter.

6. 80871 Appeal of Madison Landmarks Commission decision granting a Certificate of Appropriateness for new construction on the site of a designated city landmark at 3701 Council Crest

Legistar 79099 the history at Landmarks including plans, staff memos, and public comments

Preservation Planner Report to the Council

8. 81123 Public Hearing - New License North Central Management Inc • dba Moxy by Marriott Madison Downtown 823 E Washington Ave • Agent: Sheri Straka Estimated Capacity (in/out): 836/0 Class B Combination Liquor & Beer • 3% alcohol, 1% food, 96% other Police Sector 408 (District 6)

9. 81124 Public Hearing - New License Wedge O Cheddar LLC • dba The Wedge 2001 Atwood Ave • Agent: Jacob Guyette Estimated Capacity (in/out): 60/0 Class B Combination Liquor & Beer • 60% alcohol, 40% food Police Sector 401 (District 6)

23. 81148 21+ Entertainment License North Central Management Inc • dba Moxy by Marriott Madison Downtown Capacity (in/out): 836/0 823 E Washington Ave • Agent: Sheri Straka Class B Combination Liquor & Beer • 3% alcohol, 1% food, 96% other Police Sector 408 (District 6)

36. 81171 Declaring the City of Madison's intention to exercise its police powers establishing the Rutledge Street Assessment District - 2024. (District 6)

45. 81395 Amending Section 5.20(3)(a)3. of the Madison General Ordinances related to nominations to the Police Civilian Oversight Board to modify the process for community organizations to nominate members of the PCOB.

48. 80671 Amending Sections 2.03(3) and (5) of the Madison General Ordinances related to filling Common Council vacancies to amend the process for filling Common Council vacancies.

AGENDA NOTE: Common Council Executive Committee will meet on 1/9/24 and a recommendation will be made from the floor

51. 80861 Authorizing the allocation of up to $4 million of City Affordable Housing Funds to the Community Development Authority of the City of Madison (CDA), or an affiliate LLC, to help finance Phase 1 redevelopment of the Triangle public housing site, including demolition of the existing 163-unit Brittingham Apartments and construction of an equivalent number of replacement dwelling units, and authorizing the Mayor and the City Clerk to enter into a Loan Agreement. (District 13)

52. 80422 2229 Eton Ridge - Landmark Nomination (District 5)

The property at 2229 Eton Ridge is proposed for landmark designation and includes a residential structure built in 1924, which was the home of noted feminist leader, Kathryn Clarenbach.

58. 81016 Amending Section 3.50 of the Madison General Ordinances related to Salaries of Officials to update salaries for Alders

DRAFTER’S ANALYSIS: “This ordinance would increase the annual salary of alders to $24,218 effective April 15, 2025. Effective every two years thereafter, the salary of alders would be adjusted by a percentage equal to the percentage of any increases for managerial employees in the previous two years. This ordinance also increases the annual salaries of the Common Council President and Vice President effective April of 2025 with the same biannual adjustments.”

Currently the base pay for alders is 13.98/hr or $15,128/yr. The Council president and vice president receive premium pay based on additional duties. The assumption is that alders work an average of 1080 hours/yr to be eligible for WRS benefits.  Full time is 2080 hr/yr. The amendment to increase the salary to $24,218 translates to $22.38/hr, a 60% increase.  

I support paying alders a living wage. According to the City’s Finance Department, effective Jan 1, 2024, the City’s living wage rate will be $15.87/hr.  My former employer, the Dept of Revenue, is currently hiring LTEs for the tax season from $16.50-$20.24/hr depending on the job.  While being an alder is not a typical job (our boss is our constituents), and most who run do it as a community service, it does require a variety of skills that provide value. We want to attract a diverse array of people that reflects our community. 

The amendment to increase alder salaries requires a three-fourths vote of the Council. I don’t know if the proposed increase to $22.38/hr will get 15 votes. I would support a range starting at $15.87 up to $18.50/hr. What do you think?

60. 81021 Naming Steven Espada Dawson as Madison's Poet Laureate

INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE

65. 81316 Amending Section 33.24(15)(e)12.b. related to Upper-Level Development Standards of the Madison General Ordinances to clarify how stories are measured in Urban Design District 8. (Alder District 6) Sponsors: Marsha A. Rummel

Staff Memo: “Currently, there are no prescriptive requirements or definitions related to the measurement or determination of story-heights in UDD 8. 

This proposed amendment clarifies how stories are measured as it relates to certain structured parking designs that would have limited visibility from East Washington Avenue. The proposed amendment only impacts a portion of the UDD 8, the portion that is in District 6 (Block 2b). 

UDD 8 currently includes height measurements in terms of stories and feet. It does not provide additional guidance on how parking levels or partial floors are calculated. Further, the code does not provide interpretation clarification based on how a building “reads” from the outside, how a floor level is used, or how the number of floors internal to a building translates to the exterior expression. For instance, floor-to-ceiling heights for structured parking are typically less than that of other habitable building floors because fewer building mechanical systems are needed in those spaces (i.e., ductwork, lighting, plumbing, etc.). So, while three levels of structured parking are typically shorter than three levels used for residential or office uses, both scenarios are currently considered the same number of stories under the Zoning Code. It is also possible to design a building to “read” as a certain number of stories from the outside, while a different number of stories is shown in section view or internal to the building. This could be done by fully wrapping a smaller building volume (i.e., parking floors) with a taller volume of habitable space (i.e., commercial space) to fully conceal the floors behind to create a more attractive street-facing façade. So, while the height of the building is not changing, the number of stories inside the building can be different from the number of stories being “read” on the outside. This is the basis of the proposed text amendment. 

The proposed amendment clarifies the story-height measurement of a building in Block 2b if the internal structured parking is screened and not visible from East Washington Avenue. The amendment would clarify that this space would not count as a separate story for the purpose of determining compliance with the story-height regulations of UDD 8. However, from a massing standpoint, this ordinance does not change the underlying allowable height in feet. 

UDD 8 currently allows for a maximum 14-story building, if findings could be made to grant the necessary bonus stories. As a result of this text amendment, while a building could appear to be a 14-story building from East Washington Avenue, and the building would be below the maximum allowable height, it could still be considered 15 stories under the different methodology utilized in the Zoning Code based on a calculation of the parking levels.”

66. 81069 Position Recreations and Underfills - Metro Transit Staff memo

68. 81090 Thanking the Disability Rights Commission Home Healthcare Workgroup and Accepting the final report and recommendations from the Disability Rights Commission. Home Healthcare Report

72. 81301 Authorizing the City of Madison Planning Division to submit an application to the Capital Area Regional Planning Commission to expand the Central Urban Service Area to include properties located in the Reiner Neighborhood Development Plan area.

74. 81303 Authorizing the City of Madison Planning Division to submit an application to the Capital Area Regional Planning Commission to expand the Central Urban Service Area to include the properties located in the High Point-Raymond Neighborhood Development Plan area.

88. 81376 A Resolution authorizing a noncompetitive service contract of $150,000 of American Rescue Plan Local Fiscal Recovery Funds to President and Fellows of Harvard College, acting on behalf of the Taubman Center for State and Local Government at the Harvard Kennedy School and authorizing The Board of Health for Madison and Dane County on behalf of Public Health Madison and Dane County to sign an agreement with them for the evaluation of the Community Alternative Response Emergency Services (CARES) Program

89. 81377 Authorizing the negotiation and execution of a Purchase and Sale Agreement between Eminent Development Corporation and/or an affiliate LLC (“Developer”) and the City of Madison for the Developer’s acquisition of the property located at 1202 S. Park Street for youth-centered housing development (the “Project”), and authorizing execution of a loan agreement for up to $2.0 million of American Rescue Plan Act funds allocated by the Common Council for the Project. (District 13)

90. 81388 Approving contract amendments with InSite Consulting Architects, LLC and Kalam Corporation to complete phase 2 work at the Royal Thai Pavilion, Olbrich Botanical Gardens (District 15)

91. 81389 BY TITLE ONLY: Appointing XXXXX as Alder for District 19 to serve until the Spring 2025 election

This is District 19 Alder Kristi Slack’s last meeting. Applications for appointment to the position are being accepted and the Common Council Exec Committee will recommend a candidate to be voted on at the next Council meeting. Thank you, Kristi!

94. 81396 Authorizing the Community Development Division to transfer the weather emergency respite hotel program contract from Friends of State Street Family to Catalyst for Change and authorizing the Mayor and City Clerk to enter into a contract with Catalyst for Change to administer the program.

97. 81317 Public Hearing - New License Mad Rabbit Cafe LLC • dba Mad Rabbit Cafe 805 Williamson St • Agent: Nathaniel Anger Estimated Capacity (in/out): 24/10 Class B Beer, Class C Wine • 10% alcohol, 90% food Police Sector 408 (District 6)

99. 81319 Public Hearing - New License The Le Le Group LLC • dba Ha Long Bay 1353 Williamson St • Agent: Jacqueline Le Estimated Capacity (in/out): 100/0 Class B Combination Liquor & Beer • 15% alcohol, 85% food Police Sector 410 (District 6)

Wednesday January 10 - Urban Design Commission – 4:30p UDC Agenda 01.10.24

4.80425 929 E Washington Avenue - Major Alteration to a Previously Approved Project in Urban Design District (UDD) 8. (District 6) Initial/Final Approval is Requested

Staff Report: The applicant is proposing the construction of a 15-story dual brand hotel comprised of 265 rooms and 160 parking stalls that was previously approved as a mixed-use office/commercial building with 105 residential units. 

As noted in UDD 8, the maximum number of stories currently permitted on the subject site (Block 13a) is 12 stories, with the potential for up to three bonus stories for a total of 15 stories. As outlined in MGO 33.24(15)(e)(12), Upper Level Development Standards, development’s seeking bonus stories shall incorporate a combination of design elements as enumerated therein, providing sufficient public benefit to warrant the additional height. As part of the UDC’s review purview and ultimately approval authority, staff requests the Commission evaluate the proposed development for consistency with MGO 33.24(15)(e)(12) and ultimately make findings as to whether the requested height is warranted.

6.79239 702 & 734 E Washington Avenue - New Mixed-Use Building in Urban Design District (UDD) 8. (District 6) Initial/Final Approval is Requested UDC Meeting Report 08.16.23

8. 78514 1904 Bartillon Drive - Public Building, City of Madison and Dane County Men's Homeless Shelter. (District 12)

Wednesday January 10 – Board of Public Works-  4:30p BPW Agenda 01.10.24

6. 81411 Approving Plans, Specifications, And Schedule Of Assessments For E Wilson St and E Doty St Reconstruction Assessment District - 2023. (District 4 and District 6)