D6 Items of Interest Week of March 11, 2024
postedFinance takes up whether to authorize TID 52 funding for an affordable housing development within the F-35 65 dB noise contour map at their meeting on Monday. I have lots of comments below. Also Monday, the Plan Commission takes up several important zoning amendments regarding drive throughs, demolitions and ADUs; as well as weighing in on an amendment to delete the 10’ street terrace requirement in Urban Design District 8 and approve an amendment to TID 36 to use $1.6M of increment to support the Madison Public Market.
There will be a public hearing at the Transportation Commission on Wednesday regarding new fare technology. On Thursday, the Plan Commission is holding a special meeting about the impacts of fire lane access on development projects and more on changes to the demolition ordinance.
Last week at the March 5 Council meeting, a Committee of the Whole meeting was held to discuss options for the 2025 budget. Jason Stein from the Wisconsin Policy Forum and Finance Director Dave Schmiedicke both provided presentations, you can watch the meeting One of the issues I am considering is if we propose a referendum, can we use funds to eliminate some of the special charges? And if the Council approves a referendum and it fails, what is Plan B?
Monday March 11 – Finance Committee – 4:30p FC Agenda 03.11.24
10. 82371 Authorizing the Mayor and City Clerk to execute a development agreement and authorizing a funding appropriation in the 2024 Capital Budget to fund a $1,700,000 Tax Incremental Finance Loan to East Washington Apts, LLC, or its assigns to construct approximately 192 units of affordable housing and approximately 139 parking stalls located at 808 Melvin Court in the 3100 block of East Washington Avenue in Tax Incremental District (TID) 52. (District 12)
The site at 3100 E Washington Ave is under the flight path for the airport’s main runway and within the 65 dB DNL range identified in the Dane County airport F-35 noise contour map. The Federal Aviation Administration has determined that noise exposure at or above 65 dB Day Night Sound Average Level (DNL) may result in the land being incompatible with certain types of residential, public, and recreational use, 2019 one pager from Madison Dane County Public Health. The 65 dB DNL standard used by the FAA is over 50 years old.
The 65 decibel DNL/day and night average is NOT how people experience noise from F-35s takeoffs which is experienced as a pulse of sound up to 120 decibels. This is a “land use compatibility issue” because it is a public health issue. I know we need more housing, especially affordable housing, and while the developer can be required to insulate the building, they can’t mitigate the noise exposure when you open the windows or go outside. Noise at these levels have been shown to be detrimental to human health.
Do you think the city should be promoting and funding affordable housing in an area where there are identified significant and adverse health impacts for children and residents who are low income?
Almost 4 years ago, I co-sponsored a resolution opposed to the selection of Truax Field for the beddown of F-35s that was adopted by the Common Council on March 31, 2020. I still believe that the significant adverse impacts identified in the Air National Guard’s Environmental Impact Statement disproportionately affect children, residents who are low income and people of color are contrary to the City of Madison’s values of equity, sustainability, health and adaptability as codified in our Comprehensive Plan adopted in 2018, the City’s Racial Equity and Social Justice Initiative, and undermine multiple long-term goals of City policy makers.
I do not believe the environmental justice implications of this project can be balanced by the fact that affordable housing is being proposed. I will not support using TIF for this project.
A friend who lives on the north side recently commented on FB about their distress regarding F-35 noise impacts. Posters responded with comments like “It isn’t just loud. It is an assaultive full body/nervous system experience. So stressful”, “Deafening shrieks” and “There's "noise" and then there's the absolute sensory assault that is F35s”. Recent media F-35 Jets at Truax Field are so loud residents say they are harmful
Dane County Airport’s draft MSN Part 150 Noise Compatibility Program February 2024 , the first in over 30 years, has confirmed that by 2027, the Wisconsin Air National Guard’s 115th Fighter Wing mission at Truax and other airport operations will put about 2,200 people across 1,100 residences under average daily exposures of 65 to 75 decibels. Airport officials are encouraging the military to change flight paths and move them to the north.
According to the Wis Dept of Military Affairs, flights are currently scheduled four days per week, typically Monday through Thursday. Flights take off twice daily between 8:30-9a and again between 1:30-2:30p. They return 60-90 minutes later. Currently the 115th Fighter Wing has 8 F-35s assigned with the expectation that the number will increase to 20 aircraft. This is just the beginning.
The Wis Dept of Military Affairs received a DOD grant to gather feedback from residents. They expect to receive funds for noise mitigation starting at the end of this year. More information about upcoming community meetings this month organized by WDMA Madison F35 Community Connection
Meanwhile it will take years to disburse FAA funds to remediate noise impacts for residents in the area and some nearby households will not be eligible. And based on findings of the Part 150 study, no nearby schools are eligible for funding for noise mitigation improvements.
“The estimated cost of retrofitting eligible residences to insulate them from noise is $64 million, according to the Part 150 study. Doing the same for MATC’s buildings and facilities near the airport will cost $35 million. Sen. Tammy Baldwin has said $50 million was put into the federal budget for a new community noise mitigation run by the Pentagon. But only $18,750,000 is available for guard or reserve facilities nationwide, of which $5 million is for communities near a military installation such as Truax that has transitioned to a new aircraft since Jan. 1, 2019, the U.S. Dept. of Defense confirmed to the Wisconsin State Journal” WSJ Airport Study.
The affordable housing proposal at 3100 E Washington is not the only affordable housing proposal that is within or at the edge of the F-35 noise contour map. The development at the Raemisch Farm is currently on hold, but the Rise proposal at E Washington and Fair Oaks is under construction.
13. 82263 Authorizing the acceptance of a grant for $250,000 from the Wisconsin Economic Development Corporation (WEDC) Community Development Investment Grant program, and authorizing contracts with WEDC and the 121 E Wilson Investors, LLC (Quad Capital Partners) for the use of the funds and amending the 2024 Adopted Operating Budget for Economic Development Division-Office of Business Resources’ purchased services. (District 4)
From the resolution: The Wisconsin Economic Development Corporation’s (“WEDC”) Community Development Investment (CDI) Grant program provides funding to Wisconsin municipalities to fund costs needed to facilitate downtown community development, increased job opportunities, increased property values and/or leveraged private investment. WEDC has awarded a CDI Grant in the amount of $250,000 to fund a portion of the Owner’s costs of new construction costs.
The former SWIB building is currently under construction. From the August 2022 land use application letter of intent: The proposed project will consist of demolishing the existing 65,000 square foot Lake Terrace office building and constructing a fourteen-story mixed-use building over three levels of below-grade parking. Plans for the building include 337 residential units, approximately 19,445 square feet of ground floor commercial space, and 345 below grade parking stalls. The project will include residential amenity spaces on the ground floor, 2nd floor, and 14th floor. Landscaped areas and outdoor amenities will include an open-air “promenade” through the center of the building, ground floor outdoor terraces in the front and rear of the building, a second-floor courtyard, green roof areas, a small dog run, and outdoor amenity spaces on the 14th floor including a pool.
18. 82220 Presentation of the Finance Department's 2024 Internal Audit Plan
Monday March 11 – Plan Commission – 5:30p PC Agenda 03.11.24
5. 82259 Approving the Amendment to the Project Plan for Tax Incremental District (TID) #36 (Capitol Gateway), City of Madison. (District 6, District 12)
Fiscal Note: The proposed resolution authorizes the sixth project plan amendment to the TID 36 Project Plan. The amendment includes the use of $1,641,071 in increment to support the Madison Public Market (Munis project #10069). The increment will replace GO Borrowing authorized in Legistar file 80106 (RES-23-00656). No additional City appropriation required.
Zoning Text Amendments
Note: Item 9 should be referred to April 8, 2024 to allow consideration of the proposed amendment by the Housing Strategy Committee on March 28, 2024.
9. 81952 Amending Sections 28.151 and 28.211 of the Madison General Ordinances to allow Accessory Dwelling Units for properties with up to eight dwelling units and remove owner-occupancy requirement for ADUs.
DRAFTER’S ANALYSIS: This proposed ordinance allows Accessory Dwelling Units (“ADU”) for properties that have up to eight (8) dwelling units and removes the owner-occupancy requirement for all ADUs. This change also removes the Supplemental Regulation for “Accessory Dwelling Unit in the TOD Overlay District”.
10. 81965 Amending Sections within Chapter 28 of the Madison General Ordinances related to drive-through windows.
DRAFTER’S ANALYSIS: This proposed change amends several sections in MGO Chapter 28, the Zoning Code, that address “Vehicle Access Sales and Service Windows,” or commonly known as “Drive-Throughs”. First, the ordinance changes all “Vehicle Access Sales and Service Windows” to “Drive-Through Windows” for reader clarity. The site standards for Drive-Through Windows in the Transit-Oriented Developed Overlay District (MGO Sec. 28.104(8) and the applicable Supplemental Regulations (MGO Sec. 28.151) are amended to designate where the drive-through windows and automobile infrastructure may be located. All drive-throughs are also required to have pedestrian access. A definition for “Automobile Infrastructure” is added to MGO Sec. 28.211. Finally, MGO 28.194 is amended to add “Nonconforming Site Conditions” to establish that a lawful nonconforming site condition existing on the effective date of this ordinance may continue in its existing condition. However, no increase in the nonconformity of the site condition is permissible, unless otherwise allowed within Chapter 28.
This amendment is in response to questions raised during the discussion around the recently approved Starbucks drive through at 1609 S Park St. The ordinance required the drive through facility to be “under the building” (think of Cargo Coffee on E Washington or Lake Ridge Bank on Winnebago). The Zoning Administrator approved the Starbucks extension of a canopy over the pickup window and said it met the standards because it connected to a wall that screened the use from the street. Sponsors are trying to clarify what it means to be under the building.
The amendment provides new language for 28.151(a): “In CC-T, RMX, TE, DC, and UMX Districts drive-through windows shall be located to the side of, or rear of, buildings or fully under an occupiable conditioned story and shall not be located between the principal structure and a public street.”
I’m not sure this completely addresses the concern especially if we are retrofitting older buildings. Think about the new drive through at the Heartland Credit Union on Willy St where the facility is inside the building but without a second story. The goal should be to make drive throughs, if they are to exist, less visible from the street.
11. 81966 Amending Section 28.185 of the Madison General Ordinances related to Approval of Demolition and Removal to expand considerations for properties with historic value or significance.
Staff Report: – This proposed ordinance adds a new demolition approval standard in response to a request by the Plan Commission. In order to best weigh demolition requests for buildings or sites with historic significance or value (as determined by the Landmarks Commission), the Plan Commission would like to consider how the proposal relates to the implementation of the City’s adopted plans. Staff supports this amendment
Note the Special meeting Plan Commission is holding on Thursday March 14 about demolition and other topics.
Urban Design Commission Ordinance Amendment
12. 81908 Amending Section 33.24(15)(e)5.a. of the Madison General Ordinances related to Urban Design Landscaping and Open Space to remove the minimum terrace width requirement with Urban Design District No. 8.
Staff Report “UDD 8 currently specifies that street terraces (areas between curb and sidewalk) have a minimum width of ten (10) feet to accommodate the growth of canopy street trees. While this regulation is located within the UDD 8 standards, the UDC does NOT have review and approval authority for right-of-way design including terrace widths or street tree plantings. This does not change with this amendment. As a further note, no other Urban Design Districts include street terrace dimensional standards.
The City’s more contemporary and comprehensive “Complete Green Streets” (CGS) policy outlines specific street design parameters for certain types of streets (i.e., urban avenues, boulevards, parkways, mixed-use connectors, community main streets, etc.) throughout the city, including the desired terrace measurements. In addition to Complete Green Streets, the City Forester reviews items related to tree planting in the right-of-way and assesses the correct spacing to support healthy tree growth. The Complete Green Street Guide identifies this portion of East Washington Avenue as an “Urban Avenue.”
Each street types is further divided into use zones, including the Walkway Zone (sidewalk), Flex Zone (terrace and on-street parking), and Travel Way Zone (area of road dedicated to moving people and goods). Dimensional recommendations and a prioritization level for each zone from low to high. The prioritization ranking of the zones helps to identify the areas where additional infrastructure is needed.
As this applies to the design of the E Washington Avenue corridor in UDD 8, the more contemporary CGS policy would generally include the following parameters for this area:
• Walkway Zone: Six-foot minimum sidewalks, nine-foot preferred (high priority),
• Flex Zone: 10-foot minimum flex zone, 15 feet preferred (medium priority)
• Travel Way Zone - Appropriate transit accommodations, protected bike lanes, two travel lanes in each direction, and medians between 76-102 feet (high priority).
Staff supports this amendment. Overall, removing the terrace width requirement from UDD 8 resolves a conflict with the City’s most current adopted policy regarding street design and removes a standard from this ordinance that is not enforced by the Urban Design Commission.”
I’m still shocked that the ordinance requiring a 10’ terrace in Urban Design District 8 has not been enforced for most of the last 15 years, years before the Complete Green Streets/CGS policy was adopted in 2023.
According to the staff report, UDC is not in charge of approving the right of way terrace design. So, who is in charge of designing the terrace and who has authority to approve designs or make changes to the guidelines in the Complete Green Streets policy?
Apparently for 702 E Washington (the project that got the discussion started), Traffic Engineering Division’s Sean Malloy was in charge of terrace design. There was a condition of approval in the Plan Commission’s staff report with his name attached. The condition of approval states “The applicant shall dedicate Right of Way or grant a Public Sidewalk Easement for and be responsible for the construction of a six (6)-foot wide sidewalk, eight (8)-foot terrace, and additional one (1) foot for maintenance along E. Washington Avenue” (see page 12, condition #19, adopted 1/22/24 legistar 81083).
While the Board of Public Works per state statute appears to have authority over all work in the right of way, the Complete Green Streets enabling resolution Legistar 74972 Complete Green Streets Policy, also gives Public Works the ability to approve updates to the tree canopy and green infrastructure priority area overlays. But as far as I can tell, BPW does not appear to review projects for right of way design to promote canopy trees.
Plan Commission is the only committee that reviews actual staff recommendation from TE or Engineering for terrace design or from the Forester about tree protection for conditional use proposals and they have ongoing oversight over conditional use permits.
I’m not convinced that Complete Green Streets/CGS is more restrictive than the adopted East Washington BUILD Capitol Gateway Corridor Plan (2008) and the adopted ordinance in the form of UDD 8 which has standards and guidelines that include “The street face shall be dominated by canopy trees in both the building setback and the public right of way” and detailed criteria regarding tree placement and caliper size.
The UDC Staff Report for 702 E Washington notes that the key design considerations include: “protecting capital views, creating a grand gateway and sense of place, increasing density and employment base within the corridor, ensure compatibility between corridor and surrounding neighborhood, protect and enhance pedestrian environment, safety, and access, etc.” Ensuring a grand gateway or boulevard with canopy trees was a key part of the vision and the ordinance.
Since the adoption of CGS, the Transporation Commission has authority over the Complete Green Streets policy and the ability to modify the policy on an annual basis, but they do not review specific terrace designs, only Traffic Engineering appears to have that authority. It is not clear what discretion TE has to reduce terrace widths.
As I wrote in my February 26 blog: enforcing the 10’ terrace may be a moot point since the bulk of redevelopment on E Washington has established the 8' terrace pattern. I don’t believe there are any developments in the queue this year besides 702 E Washington and 929 E Washington which have been approved.
Since the ordinance has not been enforced and there are no new proposed developments, I would urge the PC to place this amendment on file and encourage the city to work on clarifying who has the responsibility for promoting adopted plans like the E Washington Capitol Gateway Corridor Plan and policies like Complete Green Streets for designs in the right of way and provide more written authority of the responsibility of the Board of Public Works to review and preserve opportunities for increase canopy trees in the terrace.
Note: Items 20-28 cannot be heard at this meeting. The notices to property owners and occupants of parcels within 200 feet of those properties were not mailed at least ten (10) days before this public hearing as required by MGO Section 28.181. New notice for those requests will be provided for the March 25, 2024 Plan Commission meeting, including publication of a new Class 2 notice in the Wisconsin State Journal, and mailed notices to property owners and occupants of parcels within 200 feet.
Wow.
Wednesday March 13 – Housing Strategy Committee- 8a Room 010 MMB HSC Agenda 03.13.24
Subcommittee on Rental Housing
2. 82430 Rental Data Overview
3. 82055 Discussion on rental housing needs & priorities
Wednesday March 13 - Urban Design Commission- 4:30p UDC Agenda 03.13.24
2. 79954 1814-1818 Parkside Drive - Imagination Center at Reindahl Park, City of Madison Public Library in Urban Design District (UDD) 5. (District 12) Owner: City of Madison Library Applicant: Jennifer Camp, JLA Architects Initial/Final Approval is Requested UDC is an Approving Body
3. 80725 2230 Pennsylvania Avenue - New Indoor Storage Facility in Urban Design District (UDD) 4. (District 12) Owner: Madison Square Storage, LLC Applicant: William Butcher, New Madison Development, LLC Initial/Final Approval is Requested UDC is an Approving Body
4. 82037 Informational presentation by City of Madison Planning Department staff regarding Northeast Area Plan development process.
Wednesday March 13 – Transportation Commission – 5p TC Agenda 03.13.24
3. 82407 2023 Year-end Traffic Safety Report
4. 82408 Public hearing at 6:00 pm regarding Metro Transit’s Fare Tariff Updates, followed by discussion, deliberation and vote
Wednesday March 13 – Board of Park Commissioners- 6:30p BPC Agenda 03.13.24
7 82229 March 2024 Superintendent's Report
14* 82154 Request by Sessions at McPike Park Board to extend Madison Park hours for the Sessions at McPike Park, event activities, including amplification and beer sales, to 11 PM, on Friday, June 14 & Saturday, June 15, 2024 at McPike Park. On these nights, the amplification after 9:45 PM is in a tent and is limited to 72 dB for comedy. RECOMMEND APPROVAL
22 82420 Approving Request by Madison Mallards for additional fireworks displays for the 2024 Mallards Season at Warner Park Stadium. DISCUSSION AND POSSIBLE RECOMMENDATION
24 82207 Informational presentation regarding Parks policy for permitting Private Art to be placed on park property
Thursday March 14- Community Development Authority – 4:30p CDA Agenda 03.14.24
5. 82386 CDA Resolution No. 4597 - Authorizing the signing of a contract for Tenny Park Apartments balconies replacement.
Thursday March 14 – Plan Commission- 5p PC Agenda 03.14.24
SPECIAL ITEMS OF BUSINESS
2. 82403 Overview and Discussion with Madison Fire Department Regarding Fire Access Equivalencies
MFD Power Point The Fire Department has authority to regulate access to new construction through location of fire lanes within the lot or from the street and authority over tree placement on the terrace per Wisconsin building and fire codes.
3. 82404 Demolition Approval Process- Discussion and Plan Commission Input on Possible Future Process Modifications
4. 82405 Northeast Area Plan - Progress Update and Plan Commission Input on Key Issues
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Alder Marsha A. Rummel
District 6
Contact Alder Rummel