D6 Items of Interest Week of March 18, 2024
postedAt Landmarks, the Wilson + Blair developer seeks referral to April 15, several iconic east side landmarks seek signage approval and/or alterations, and the long-awaited illustrated design guidelines are ready for review. At Tuesday’s Council meeting, we are honoring 50 years of service of JustDane, hearing an appeal about a land division decision at Landmarks, and voting whether to award $1.7M in TIF to affordable housing project @808 Melvin Ct which is within the 65 dB DNL noise map in the new Part 150 study prepared by Dane County airport. At ALRC on Wednesday, Essen Haus/Come Back In/Up North seek a change of licensed premises to allow two nights of outdoor music and to codify the changes to hours for sand volleyball and special events approved recently by the Plan Commission for the 2024 season.
Monday March 18 – Landmarks Commission – 5p LC Agenda 03.18.24
You can send comments on agenda items to landmarkscommission@cityofmadison.com
2. 62943 Guest Speaker Assistant City Attorney Kate Smith - Quasi-Judicial Process and Robert's Rules of Order
3. 79566 134-150 S Blair-Land Combination & New Construction in the First Settlement historic district (District 6)
Note: Item 3 will be referred to the April 15, 2024 meeting at the request of the applicant
5. 82210 2222 E Washington Ave - Installation of signage on a Designated Madison Landmark - Madison East High School (District 12)
From the Staff Report : The proposed project is to complete a change of copy for the existing monument sign at the front of the property, installation of new wall signage on the recently completed addition, approval of existing signage on the back of the building that was installed without approvals, and installation of new signage above the athletics center. The subject property, East High School, is a designated landmark. Constructed in 1922 and designed by noted architect, Frank Riley, the masonry building is in the Collegiate Gothic style with Islamic Revival influences.
6. 82211 2020 Eastwood Dr - Exterior Alterations to a Designated Madison Landmark - Hoffman-Kennedy Dairy Horse Barn (District 6)
From the Staff Report: The barn was constructed in 1904 and it originally served as a horse barn, with the horses operating commercial wagons to transport goods. The Kennedy Dairy bought the property in 1925 and the horses hauled milk wagons. As the operation phased out horse-drawn wagons for trucks, the barn space was converted to a milk plant and the additions were gradually added to the building, with the first visible on the 1937 aerials. By the 1940s, the Vogel Fish & Oyster Company owned the property and completed more concrete block additions, and used the space for cold storage. The building continued use for different warehouse operations in the subsequent years.
The proposed adaptive reuse will create a separate residential space above the commercial space. ... The cumulative effect of the alterations are minimal and allow the building and site to continue to convey their historic associations.
7. 82374 2450 Atwood Ave - Exterior Alterations to a Designated Madison Landmark - St. Bernard's Catholic Church (District 15)
From the Staff Report : The proposed project is to construct a porte cochere and mechanicals for HVAC on the back of the church structure, and reconfigure the parking lot to comply with current code requirements. The church was constructed in 1926 and designed by JJ Flad in the Late Gothic Revival style and designated a landmark in 1981. The church is undergoing remodeling as part of its transition to serving as the cathedral for Madison. Staff has administratively approved work on the roof and gutters for the church building, and alterations to the rectory. The larger reconfiguration of the parking lot and the construction of a porte cochere are of a level of alteration to the landmark site that requires the review and approval of the Landmarks Commission.
10. 82440 Madison Historic District Illustrated Design Guidelines
This is new and important! Please take a look if you live in one of the five local historic districts. During the second phase of the Landmarks Ordinance Review process, the alder created review committee (LORC) recommended that we create a user-friendly illustrated design guidebook to provide visuals to help residents understand requirements and guidelines in the new ordinance.
Since the guidelines were introduced on March 14 and are 96 pages long, it will be difficult for people to thoroughly review by Monday’s meeting. Hopefully there will be a presentation and then a referral to a future Landmarks meeting to ensure property owners and the alder who represents three of five historic districts have a chance to review the illustrated guidelines and ask questions/make comments before it is adopted.
Tuesday March 19 – Common Council - 6:30p CC Agenda 03.19.24
You can send comments on agenda items to allalders@cityofmadison.com
1. 82490 Honoring and celebrating the 50 years of service of JustDane and recognizing their enormous and invaluable contributions to our community
4. 82175 Appeal of Madison Landmarks Commission granting a Certificate of Appropriateness for a land division at 1908 Arlington Place. See also agenda item #103 for more details.
6. 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.
3/11/24 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARING to the PLAN COMMISSION On a motion by Heck, seconded by Mendez, the Plan Commission recommended re-referral of the zoning map amendment to March 25, 2024 (April 16 Common Council meeting) to allow public hearing notices to be mailed as required by MGO Section 28.181.
8. 81965 Amending Sections within Chapter 28 of the Madison General Ordinances related to drive-through windows.
3/11/24 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARING to the PLAN COMMISSION On a motion by Ald. Field, seconded by Ald. Duncan, the Plan Commission recommended re-referral of the proposed zoning text amendment to April 8, 2024 (April 16, 2024 Common Council meeting) to allow further discussion of the proposed changes.
9. 81966 SUBSTITUTE: 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.
DRAFTER’S ANALYSIS: This proposed ordinance amends MGO Sec. 28.185 (Approval of Demolition and Removal) in response to a request by the Plan Commission. In order to best weigh demolition requests of buildings or sites with historic significance or value (as determined by the Landmarks Commission), the Plan Commission would like to include a wider discussion of how the proposal relates to the implementation of the City’s adopted plans.
61. 81982 Approving and Adopting an Updated Policy for Assessing Street Improvements
Staff Memo : At a time when the City desires greater density and connectivity through the construction of new streets within key redevelopment sites, our Assessment Policy is effectively saying that TIF can’t be used to help a developer financially with this work. The purpose of this change to the Public Works Assessment Policy is to close this loop; to allow new street construction costs in certain situations to be considered non-assessable, thereby allowing them to be considered within a TIF application, and potentially funded through TIF if a financial gap in the overall project financials is present.
64. 82280 Authorizing a noncompetitive contract for Purchase of Services (Architect) with Meyer Scherer & Rockcastle, Ltd to complete professional architectural and engineering design, construction administration, and warranty services for the construction of the Madison Public Market. (District 12) Sponsors: Marsha A. Rummel, Sabrina V. Madison, Amani Latimer Burris And Regina M. Vidaver
80. 75926 BY TITLE ONLY: Repealing Sections 32.03 and 33.34 and amending Section 33.09(3) of the Madison General Ordinances to combine the City-County Homeless Issues Committee, Landlord and Tenant Issues Committee, and Housing Strategy Committee. Sponsors: Yannette Figueroa Cole, Juliana R. Bennett, Jael Currie, Nikki Conklin And Dina Nina Martinez-Rutherford
AGENDA NOTE: Common Council Executive Committee took this file up by title only at their 1/9/24 meeting, and no recommendation was provided. The committee will take it up again at their 3/19/24 meeting and a recommendation will be made from the floor.
Meanwhile Landlord and Tenant Issues Committee meets on Thursday to discuss whether they should be combined into Housing Strategy, so perhaps this should be referred, again?
81. 81911 Amending Section 33.13(1) of the Madison General Ordinances related to composition of the Common Council Executive Committee to modify the CCEC appointment process. Sponsors: Nasra Wehelie, Amani Latimer Burris, William Tishler And Isadore Knox Jr
AGENDA NOTE: Common Council Executive Committee will meet 3/19/24 and a recommendation will be made from the floor.
87. 82497 Re-approving a Certified Survey Map of property owned by Tenney Place Development, LLC located at 1601-1617 Sherman Avenue (District 12)
The Vermilion project is slowly moving forward.
90. 82220 Presentation of the Finance Department's 2024 Internal Audit Plan
There was a presentation at Finance Committee last week you can watch if you are interested in more about this process.
101. 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) Sponsors: Amani Latimer Burris And Satya V. Rhodes-Conway
3/11/24 FINANCE COMMITTEE RECOMMEND TO COUNCIL TO ADOPT (15 VOTES REQUIRED) - REPORT OF OFFICER Alder Rummel noted not voting in favor; Mayor is in the affirmative for a 4-1 vote.
Fiscal Note: “This resolution would authorize a $1,700,000 loan to East Washington Apts, LLC, or its assigns ("Developer") and amends the 2024 capital budget for the loan. TIF funding is also contingent upon the creation of a new TID #52 (E. Washington and Stoughton Rd.).
The Project consists of approximately 192 affordable apartment units, and approximately 139 parking stalls ("Project"). The TIF Loan would be repaid through incremental taxes generated by the Project and represents 55% of the present value of all incremental taxes anticipated from the Project over the proposed TID’s 27-year life.
While it is anticipated that the incremental taxes generated by the Project will be sufficient to repay the loan within approximately 9 years, the Developer is required to guaranty a minimum payment if sufficient future tax increment is not available.
The increment guarantee is secured by a subordinated mortgage on the property. The TIF Loan also requires that Developer be prohibited from selling or transferring the Property prior to repayment of the TIF Loan. If Developer sells or transfers the Property to a tax-exempt entity, Buyer shall pay an annual payment in lieu of taxes (PILOT) in the amount of the property tax paid as of the date of sale, frozen, until 2051.”
I blogged about the TIF proposal at Finance last week. At Monday's meeting, I asked how the proposal for new housing related to the Dane County Airports draft Part 150 study which identifies this area as within the 65 dB DNL noise map and not compatible with residential use per FAA regulations. The Mayor indicated her disagreement with the Part 150 draft report. On Wednesday, Deputy Mayor Baumel sent an email to alders sharing information about Mayor Satya’s concerns with some of the recommendations in the Part 150 study. According to a recent press report Concerns raised over draft noise-mitigation plan's impact on Madison's housing crisis , “In an email to City Council members on Wednesday, Satya Rhodes-Conway’s office says the document’s land-use compatibility section indicates the airport supports “restricting and limiting new development on the north and east sides — in some cases well beyond the 65-decibel noise contour”. Rhodes-Conway’s office points to a map in the document showing an area around the airport in which future construction should be limited.
“This line is ½ mile beyond the 65 decibel noise contour, and encompasses areas where the city has decided to focus future growth,” the email to council says. “This includes areas like the Oscar Mayer area and a large section of E. Washington Avenue.” The email also points to an area identified in the document that covers “almost the entirety of the north and east sides of the city” and says it would be subject to a Wisconsin law “allowing the airport to object to any rezoning application within the area.”
The article provides the following information: The airport will review the comments it has received before submitting the document to the FAA. The FAA will then publish the Noise Compatibility Program/NCP in the Federal Register for 30 days and open up its own public comment process. After that, the FAA will have 180 days to issue a “record of approval,” or ROA, in which the agency will approve or disapprove each of the recommended noise-mitigation measures in the NCP, he said. Once the ROA is issued, the airport can implement recommendations that don’t require funding and apply for federal funds to implement recommendations that would need federal funding.
The developer spoke at Finance last week. Prompted by my inquiry about adverse health impacts, either the Mayor’s office or planning staff contacted someone from the development team to come and testify. The individual stated that they meet HUD Noise Abatement protocols for insulating the building and keeping interior noise at 45 dB. So, if you and your kids never go outside and you keep your windows closed during F-35 takeoffs, everything should be fine, right?
103. 81560 Approving a Certified Survey Map of property owned by 1908 Arlington Place, LLC located at 1908 Arlington Place, University Heights Historic District (District 5).
3/11/24 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF MGO 2.055 - REPORT OF OFFICER On a motion by Ald. Figueroa Cole, seconded by Ald. Field, the Plan Commission recommended approval of the land division to the Common Council subject to the comments and conditions in the Plan Commission materials and the following additional condition:
- On a motion by Heck, seconded by Mendez, the motion was amended to include the following condition: "The approval of the proposed CSM shall not be effective until after the consideration of the February 21, 2024 appeal of the Landmarks Commission’s approval of a certificate of appropriateness for a land division at 1908 Arlington Place in the University Heights Historic District by the Common Council and the certificate of appropriateness is approved by the Council." The motion to approve the amendment to add the above condition passed by voice vote/ other, with Ald. Figueroa Cole voting No.
Related to the appeal in agenda item #4. This link has public comments plus Landmarks Commission staff report and LC decision.
108. 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. Sponsors: Yannette Figueroa Cole, John W. Duncan And Derek Field
I blogged about this last week when it was before Plan Commission. I assume the Council will vote to delete the language requiring a 10’ terrace from UDD 8 since UDC does not have authority over the design of the right of way. Looking forward, we need to track when the Complete Green Streets guidelines are reviewed at the Transportation Commission and ensure that canopy trees are actually planted in Urban Avenues like E Washington and there is a more transparent process.
INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE
114. 82439 Submitting the appointment of Meagan Tuttle for confirmation of a five-year term as Planning Division Director.
118. 82456 Establishing Guidance for Developing the 2025 City Budget
Wednesday March 20 - Urban Design Commission – 4:30p MMB Room 215
2. 81636 Discussions Relative to Amendments to the City's Sign Code MGO Chapter 31 Discussion item only, no formal action will be taken by the Commission
This is a special meeting about amending MGO 31 to update the sign code.
Wednesday March 20 – Alcohol License Review Committee – 5:30p ALRC Agenda 02.20.24
You can send comments on agenda items to licensing@cityofmadison.com
Request to Extend License Issuance Beyond the 180 Day Limit
9. 82555 Request to extend license issuance beyond the 180 day limit under MGO 38.05 Two Birds Madison LLC • dba Public Parking 709 E Johnson St • Agent: Clement Mocanu Jr Estimated Capacity (in/out): 86/32 Class B Combination Liquor & Beer • 95% alcohol, 5% food Police Sector 407 (District 6)
Change of License Conditions
11. 82547 Change of Licensed Conditions Prosit To You Inc • dba Essen Haus Current Capacity (in/out): 240/150 • Proposed Capacity (in/out): 240/150 514 E Wilson St • Agent: Robert Worm Class B Combination Liquor & Beer • 30% alcohol, 70% food Police Sector 406 (District 6) Request to allow Sunday and Monday outside music as per Planning Commission
12. 82548 Change of Licensed Conditions Prosit To You Inc • dba Up North Current Capacity (in/out): 260/0 • Proposed Capacity (in/out): 260/0 524 E Wilson St • Agent: Robert Worm Class B Combination Liquor & Beer • 30% alcohol, 70% food Police Sector 406 (District 6) Request to allow Sunday and Monday outside music as per Planning Commission
13. 82549 Change of Licensed Conditions Prosit To You Inc • dba Come Back In Current Capacity (in/out): 247/0 • Proposed Capacity (in/out): 247/0 508 E Wilson St • Agent: Robert Worm Class B Combination Liquor & Beer • 30% alcohol, 70% food Police Sector 406 (District 6) Request to allow Sunday and Monday outside music as per Planning Commission
Public Hearing
27. 82294 Public Hearing - New License Brass Biscuit LLC • dba Mint Mark 1874 E Washington Ave • Agent: Chad Vogel Estimated Capacity (in/out): 100/80 Class B Combination Liquor & Beer • 45% alcohol, 55% food Police Sector 501 (District 12)
Thursday March 21 – Landlord Tenant Issues Committee – 5p LTIC Agenda 03.21.24
5. 75926 BY TITLE ONLY: Repealing Sections 32.03 and 33.34 and amending Section 33.09(3) of the Madison General Ordinances to combine the City-County Homeless Issues Committee, Landlord and Tenant Issues Committee, and Housing Strategy Committee. Combine Committees DRAFT 75926-CombineCommittees Working File Attachments:
6. 82536 Committee ordinance proposals
Alder Marsha A. Rummel
District 6
Contact Alder Rummel