So, I was in the middle of researching laws that the UDC and Plan Commission need to follow when they make their decisions, when I found out that there are two law changes in the works. The laws are being changed for the Edgewater project.
NO MORE VARIANCE FOR SHORELINE SETBACK
The first one is explained here:
From: Clear, Mark
Sent: Wednesday, January 13, 2010 11:03 PM
To: ALL ALDERS
Cc: Mayor; Tucker, Matthew; Murphy, Brad; Mendoza, Mario; Noonan, Katherine; May, Michael
Subject: Waterfront setback ordinance amendmentDear Colleagues,
At next Tuesday’s council meeting I will be introducing an amendment to our zoning ordinance to remove the waterfront setback requirement for parcels in non-residential use. (Most of you are already aware of this, but I wanted to make sure everyone knows.) This change is consistent with the proposed new zoning code and has been vetted by Plan Commission; I’m bringing it out separately since approval of the new code is behind schedule. This change would not affect residential parcels.
The purpose is obvious, but I’ll state it anyway–to remove the need for the Edgewater redevelopment to require a zoning variance, which would no doubt land the project in court since there is no other appeal for a ZBA decision. I want to ensure that you and I, as the elected representatives, and not the circuit court, make the decision on whether the Edgewater project is right for our city.
The amendment is Legistar 17096. If you wish to co-sponsor, please notify Lisa Veldran.
Mark C.
Yeah, that’s the official explanation. (Kristin asks the obvious question, we;ll see if she gets an answer!) They don’t want to follow the laws and they know better than everyone else what should happen, including the courts.
Additionally, I’m not sure what the bologna is about the Plan Commission having already vetted this ordinance . . . if you ask the members, I don’t think they see it that way. In fact, members of the Zoning Code Rewrite Committee are concerned that they never discussed this either, but it is being touted as something they approved. Spinmeisters spun out of control on this one . . . taking their plays from the Karl Rove/George Bush playbook. It’s interesting that the proponents of the project make enemies nearly every time they open their mouths.
CHANGING THE 1965 ORDINANCE
The second one is amending Ordinance Number 1761, File Number 4600-41 adopted on January 28, 1965 which provided for the vacation of a portion of Wisconsin Avenue. This change effectively
– Changes the setback requirements.
– Allows them to sell condos.
– ADDED: Allows them to get TIF funds (currently prohibited)
The original ordinance can be found here. It’s interesting that they don’t provide that with the materials on this ordinance. Just showing the changes doesn’t really give the full picture . . . which I don’t think they want you to see.
I think there will be more introductions today and tomorrow, and maybe Monday but we’ll see what makes it on the agenda and what they introduce on Tuesday night, and what they try to avoid dealing with.
BACK TO THE REVIEW CRITERIA
Meanwhile, back to the original mission of this post . . . several people asked me what the Urban Design Commission and Plan Commission will make their decisions based on. So, I did some research so folks could plan their testimony to be the most relevant to the commissions and help keep the commissions focused on the laws, so they make appropriate decisions.
URBAN DESIGN ORDINANCES
First, the purpose and intent of the Urban Design Commission:
33.24 (2) Purpose And Intent. It is hereby declared a matter of public policy that the design, appearance, beauty and aesthetics of all public and private buildings, structures, landscaping and open areas are a matter of public concern and as such must be controlled so as to promote the general welfare of the community. The purpose of this section is:
(a) To assure the highest quality of design for all public and private projects in the City.
(b) To protect and to improve the general appearance of all buildings, structures, landscaping and open areas in the City; to encourage the protection of economic values and proper use of properties.
(c) To encourage and promote a high quality in the design of new buildings, developments, remodeling and additions so as to maintain and improve the established standards of property values within the City.
(d) To foster civic pride in the beauty and nobler assets of the City, and in all other ways possible assure a functionally efficient and visually attractive City in the future.
Then, their duties for PUDs
33.24(4)(b) Planned Developments. The Urban Design Commission shall review the design of all proposed developments that are considered planned developments under provisions of the Zoning Ordinance (i.e., Secs. 28.07(4), (5), (6) and 28.12(11)(k)). In exercising this power, the commission shall be bound by the provisions of Secs. 28.07(4), (5) and (6) and Sec. 28.12(11)(k) and shall report its findings to the City Plan Commission and Common Council. (R. & Recr. by Ord. 5114, 9-3-75; Am. by ORD-05-00167, 11-8-05; ORD-09-00091, 8-1-09)
28.07(4) is for Planned Community Development Districts (PCD) so it doesn’t apply.
28.07(5) is for Planned Community Mobile Home Park District so it doesn’t apply.
28.07(6) is more extensive, but they have to use this criteria for approval:
28.07(6)(f) PUD
f) Criteria For Approval. As a basis for determining the acceptability of a planned unit development district application the following criteria shall be applied with specific consideration as to whether or not it is consistent with the spirit and intent of this ordinance and has the potential for producing significant community benefits in terms of environmental and aesthetic design. For Planned Unit Development Districts With Residential Components in Downtown Design Zones, the Design Criteria adopted by the Common Council shall be used as guidelines for determining whether the following criteria are met. (Am. and Renumbered by Ord. 12,866, 8-7-01)1. Character And Intensity Of Land Use. In a planned unit development district the uses and their intensity, appearance and arrangement shall be of a visual and operational character which:
a. Are compatible with the physical nature of the site or area.
b. Would produce an attractive environment of sustained aesthetic desirability, economic stability and functional practicality compatible with the general development plan.
c. Would not adversely affect the anticipated provision for school or other municipal service unless jointly resolved.
d. Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it unless jointly resolved. A traffic demand management plan and participation in a transportation management association may provide a basis for addressing traffic and parking demand concerns. (Am. by Ord. 13,422, 10-24-03)2. Economic Impact. Planned unit development district shall not adversely affect the economic prosperity of the City or the area of the City where the planned unit development is proposed, including the cost of providing municipal services. (Am. by Ord. 12,415, 7-23-99; Am. by Ord. 13,012, 2-26-02)
3. Preservation And Maintenance Of Open Space. In a planned unit development district adequate provision for the improvement and continuing preservation and maintenance of attractive open space shall be made.
4. Implementation Schedule. A planned unit development district shall include suitable assurances that each phase could be completed in a manner which would not result in an adverse effect upon the community as a result of termination at that point.
The purpose of the ordinance to be considered is:
(6) Planned Unit Development District (PUD).
(a) Statement Of Purpose. The planned unit development district is established to provide a voluntary regulatory framework designed to encourage and promote improved
environmental and aesthetic design in the City of Madison by allowing for greater
freedom, imagination and flexibility in the development of land while insuring substantial compliance to the basic intent of the zoning code and the general plan for community development. To this intent it allows diversification and variation in the bulk and relationship of uses, structures and spaces in developments conceived as comprehensive and cohesive unified plans and projects. It is further intended to encourage developments consistent with coordinated area site planning.
It is also important to note that:
(6)(d) Lot Area, Lot Width, Height, Floor Area Ratio, Yard, Usable Open Space Requirements, Signs And Off-Street Parking and Loading Requirements. In the planned unit development district, except those with residential components located in a Downtown Design Zone, there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard, usable open space, sign and off-street parking and loading requirements, but such requirements as are made a part of an approved recorded precise development plan agreed upon by the owner and the City shall be, along with the recorded plan itself, construed to be and enforced as a part of this ordinance. (Amended and Renumbered by Ord. 12,866, 8-7-01; ORD-06-00034, 4-22-06)
So, if you care about those issues, you need to look at the materials and make sure those issues are adequately addressed.
PUD’s have two parts, the GDP and the SIP. In most projects that are a big project downtown, they do both the GDP and SIP at the same time. Here’s what they need to submit for these approvals.
1. General Development Plan. The proponents shall file the following with the City Plan Commission:
a. A statement describing the general character of the intended development.
b. An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.
c. A plan of the proposed project showing sufficient detail to make possible the evaluation of the criteria for approval as set forth in Section 28.07(6)(d).
d. When requested, a general outline of intended organizational structure related to property owner’s association, deed restrictions and private provision of common services.
and
3. Specific Implementation Plan.
a. The specific implementation plan shall be submitted to the City Plan Commission and shall include the following detailed construction and engineering plans and related detailed documents and schedules except when specific documents are waived by such Commission:
i. An accurate map of the area covered by the plan including the relationship to the total general development plan.
ii. The pattern of public and private roads, driveways, walkways and parking facilities.
iii. Detailed lot layout and subdivision plat where required.
iv. The arrangement of building groups, other than single-family residences, and their architectural character.
v. Sanitary sewer and water mains.
vi. Grading plan and storm drainage system.
vii. The location and treatment of open space areas and recreational or other special amenities.
viii. The location and description of any areas to be dedicated to the public.
ix. Landscape plan and plant list.
x. Proof of financing capability.
xi. Analysis of economic impact upon the community.
xii. A construction schedule indicating the approximate dates when construction of the project can be expected to begin and be completed.
xiii Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common open areas or other facilities.
These are important because they have failed to provide this information in the past. I’d love to see the proof of financial capability and analysis of economic impact on the community. I’d like to see them detail what jobs will be created.
The final ordinance the Urban Design Commission has to consider is 28.12(11)(k) which applies to conditional uses which I don’t believe are before the Urban Design Commission.
THE PLAN COMMISSION
They have to consider all the PUD ordinance above in approving the PUD-GDP-SIP.
The other decision before the Plan Commission is the Conditional Use for Waterfront Development. That ordinance is as follows:
(b) General Regulations. The following regulations shall apply to all new development except a Civic Auditorium Complex. No building permit shall be issued for any new development of a waterfront or shoreland zoning lot without first obtaining a conditional use permit therefore. For purposes of this section, new development shall be a new principal building, an addition or additions to an existing principal building totaling in excess of five hundred (500) square feet of floor area during any ten (10) year period, or an accessory building. The conditional use permit shall be issued pursuant to the procedure set forth in Section 28.12(11) of this ordinance. In addition to the review standards set forth in Subdivision (g) therein all waterfront development shall be subject to the following standards. (Am. by Ord. 10,713, 8-27-93; Ord. 12,598, 3-3-00; ORD-05-
00191, 12-20-05)1. For purposes of this section, the existing development pattern shall mean the average setback of the five (5) developed zoning lots to each side of the proposed development lot. For all zoning lots, the principal building setback shall be not less than the existing development pattern. (Am. by Ord. 12,598, 3-3-00)
2. Upon the filing of an application for a conditional use permit, the development plan shall show a complete inventory of shoreline vegetation in any area proposed for building, filling, grading or excavating. In addition, the development plan shall indicate those trees and shrubbery which will be removed as a result of the proposed development. The cutting of trees and shrubbery shall be limited in the strip thirty-five (35) feet inland from the normal waterline. On any zoning lot not more than thirty percent (30%) of the frontage shall be cleared of trees and shrubbery. Within the waterfront setback requirements tree and shrub cutting shall be limited by consideration of the effect on water quality, protection and scenic beauty, erosion control and reduction of the effluents and nutrients from the shoreland.
3. Any building development for habitation shall be served with public sanitary sewer.
4. Filling, grading and excavation of the zoning lot may be permitted only where protection against erosion, sedimentation and impairment of fish and aquatic life has been assured. (Am. by Ord. 12,183, 8-31-98)
5. Where the City’s adopted Master Plan includes a pedestrian walkway or bike path along the shoreline, the proposed development shall not interfere with its proposed location.
6. Construction of marine retaining walls or bulkhead may be permitted providing such construction does not protrude beyond the established shoreline of the adjacent properties. Said retaining walls and bulkheads will be permitted only for the purpose of preventing shoreline recession. The filling and grading of the shoreline shall occur only in the construction of such retaining walls or bulkheads.
7. In addition to complying with the above standards, boathouses shall not be constructed for human habitation.
The criteria for conditional uses are in (g) as noted above and they are as follows:
(g) Standards. No application for a conditional use shall be granted by the City Plan Commission unless such commission shall find all of the following conditions are present:
1. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare. (Am. by Ord. 13,232, 2-11-03)
2. That the City be able to provide municipal services to the property where the conditional use is proposed, given due consideration of the cost of providing such services. (Cr. by Ord. 13,012, 2-26-02)
3. That the uses, values and enjoyment of other property in the neighborhood for purposes already established shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
4. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
5. That adequate utilities, access roads, drainage, parking supply, internal circulation improvements, including but not limited to vehicular, pedestrian, bicycle, public transit and other necessary site improvements have been or are being provided.
6. That measures, which may include transportation demand management (TDM) and participation in a transportation management association have been or will be taken to provide adequate ingress and egress, including all off-site improvements, so designed as to minimize traffic congestion and to ensure public safety and adequate traffic flow, both onsite and on the public streets. (Am. by Ord. 13,422, 10-24-03)
7. That the conditional use shall conform to all applicable regulations of the district in which it is located.
8. That when applying the above standards to an application by a community living arrangement . . . [snip]
9. That when applying the above standards to any new construction of a building or an addition to an existing building the City Plan Commission:
a. Shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district, and
b. May require the applicant to submit plans to the Urban Design Commission for comments and recommendations, and
c. May consider the use of the proposed building as it relates to the City’s Land Use Plan.
When a conditional use application is denied, the Plan Commission shall furnish the applicant in writing those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.
(Sec. 28.12(10)(g)8. Cr. by Ord. 5869, 6-1-77)10. That when applying the above standards to an application for a reduction in offstreet parking requirements . . . [snip]
11. That when applying the above standards to telecommunication facilities . . . [snip]
So, there you have it, my research to help you tailor your testimony to the commissions and help them focus on what the criteria for approval are . . . unless someone tries to change these laws too . . . more to come I am sure . . .
