City of Madison
Legislative File ID   05736
Type:   Ordinance    Status:   Passed
Enactment Date:   6/26/2007    Enactment No.:   ORD-07-00071
Title:  
SECOND SUBSTITUTE - Creating Section 28.108 of the Madison General Ordinances to establish a "Neighborhood Conservation District" and creating Section 28.12(9)(d)21. of the Madison General Ordinances to add variance of a requirement in a Neighborhood Conservation District to the list of variances that may be requested.
Controlling Body:   COMMON COUNCIL
Introduced:   2/20/2007    Version:   4
Final Action:   6/5/2007    Contact:   Janice Pena 608-261-9159
Name:  
6/5/07 - Neighborhood Conservation District
Extra Date 1:   6/26/2007
Requester:   PLAN COMMISSION
Sponsors:  
Brenda K. Konkel, Julia S. Kerr, Robbie Webber, Michael E. Verveer, Marsha A. Rummel
Legislative History
DateActing BodyAction TakenMotion
2/20/2007Attorney's Office/Approval GroupApproved As To Form
2/20/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 2/21/2007. Completed on 2/20/2007
2/20/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office to the Attorney's Office Completed on 2/20/2007
Notes: Bohrod
2/21/2007Attorney's OfficeReferred for Introduction
Notes: Plan Commission; Downtown Coordinating Committee; Public Hearings April 9 PC, April 17 CC
2/27/2007COMMON COUNCILRefer For Public Hearing to the PLAN COMMISSION due on 3/27/2007. Completed on 3/19/2007
Notes: Additional Referral(s): Downtown Coordinating Committee Due back at the 3/27/07 Common Council Meeting (Public Hearing Date for Plan Commission was changed to 3/19/07 on the Council floor).
2/27/2007PLAN COMMISSIONRefer to the DOWNTOWN COORDINATING COMMITTEE Completed on 3/15/2007
3/15/2007DOWNTOWN COORDINATING COMMITTEEA motion was made by Verveer, seconded by McDonnell, to Return to Lead with the Recommendation for Approval to the Planning Unit -Amended version of the Ordinance was distributed by Verveer. -Brad Murphy, Planning Unit Director, spoke about the neighborhood designation process. He said the City Attorney may still have to "tweak" the wording. -Verveer said that this ordinance failed at the City Council earlier, due to questions of how to designate a district. -Susan Schmitz, DMI, wants to go on record that DMI is not against the concept, but how it was written. DMI also wants increased participation from the neighborhood associations. -Verveer said that a mandatory survey is not required. -Other communities have similar ordinances throughout the country, with overlay districts. -The process involves the following: Once a request comes in, then the geographic area is determined. A determination to proceed is made by the Planning Dept., with approval by the City Council. -Miller asked what happens after a district is established. This is pre-determined by previously established guidelines. The motion passed by the following vote:Pass
(9:1)
Notes: Motion by Verveer/McDonnell to recommend adoption of the Neighborhood Conservation District as amended, and subject to any legal tweaking. Motion passed 9-1-2, with Miller voting No. Thiel and Carbine abstained.
3/19/2007PLAN COMMISSIONA motion was made by Konkel, seconded by Davis, to RECOMMEND TO COUNCIL TO ADOPT - PUBLIC HEARING. The motion passed by the following vote:Pass
(7:1)
Notes: The Plan Commission recommended approval of the zoning text amendment with the following revisions: -That (3)(c)5 be revised to now read: "Location near designated historic districts. Neighborhood Conservation Districts may not be placed in an existing local historic district or Urban Design District." -That (3)(e) be added as follows: "At least 75% of the buildings with the proposed area must be over 25 years old." -That (4)(a) be revised to now read: "All requests for creation of a Neighborhood Conservation District shall be initiated by a resident, owner or commercial tenant and be submitted to the Director of the Department of Planning and Community and Economic Development." -That the first sentence of (4)(d) be revised to now read: "Within thirty (30) days of the informational meeting or any boundary changes, a survey shall sent..." -That a sentence be inserted after the revised first sentence of (4)(d) that read: "If the boundaries of the proposed district change as a result of the meeting, any newly included properties shall also be surveyed." -That (4)(h) be revised to now read: "Every twenty (20) years after the creation of a Neighborhood Conservation District, the Department of Planning and Community and Economic Development shall survey the owners and residential and commercial occupants and report the results and any recommended changes to the district to the Plan Commission and Common Council."
3/21/2007Attorney's Office/Approval GroupApproved As To Form
Notes: Alternate - Request of Plan Commission.
3/21/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 3/21/2007. Completed on 3/22/2007
3/22/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the PLAN COMMISSION Completed on 3/22/2007
Notes: Bohrod
3/22/2007Attorney's Office/Approval GroupApproved As To Form
3/22/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 3/22/2007. Completed on 3/22/2007
3/22/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the PLAN COMMISSION Completed on 3/22/2007
Notes: Bohrod
3/27/2007COMMON COUNCILA motion was made by Ald. Olson, seconded by Ald. Verveer, to Adopt the substitute (version 2) with amendments. The motion failed by the following vote:Fail
(9:7)
Notes: 3 Registrant(s) in support wishing to speak; 1 Registrant(s) neither in support or opposition wishing to speak; 6 Registrant(s) in support not wishing to speak; 2 Registrant(s) neither in support or opposition not wishing to speak.
3/27/2007COMMON COUNCILA motion was made by Ald. Thomas, seconded by Ald. Skidmore, to Refer to a future Meeting to Adopt at the 6/5/07 Common Council Meeting (this was a substitute motion). The motion failed by the following vote:Fail
(2:15)
3/27/2007COMMON COUNCILA motion was made by Ald. Thomas, seconded by Ald. Olson, to Adopt the following amendment : add the words "lot size" to Eligibility Criteria in Section (1),(3) (c) (4) and in (f) (4) under 'Designation Process'. The motion passed by the following vote:Pass
(14:2)
3/27/2007COMMON COUNCILA motion was made by Ald. Gruber, seconded by Ald. Olson, to Adopt the following amendment : add "(g) Parks/open spaces and mature trees" to Section 1(4)(f) 4. The motion passed by acclamation.Pass
4/11/2007COMMON COUNCILReconsider
Notes: Ald. Konkel requested this item be placed on the 4/17/07 Common Council Agenda with a recommended action to reconsider.
4/17/2007COMMON COUNCILA motion was made by Ald. Konkel, seconded by Ald. Verveer, to Reconsider. The motion passed by the following vote:Pass
(14:6)
4/17/2007COMMON COUNCILA motion was made by Ald. Konkel, seconded by Ald. Verveer, to Refer For Public Hearing to the COMMON COUNCIL, due back on June 5, 2007. The motion passed by acclamation.Pass
Notes: Adopt at the 6/5/07 Common Council Meeting.
5/29/2007Attorney's Office/Approval GroupApproved As To Form
5/29/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 5/30/2007. Completed on 5/30/2007
5/30/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the PLAN COMMISSION Completed on 5/30/2007
Notes: Knepp
6/5/2007COMMON COUNCILA motion was made by Ald. Kerr, seconded by Ald. Webber, to Adopt and Close the Public Hearing. The motion passed by the following vote:Pass
(13:6)
Notes: 5 Registrant(s) in support wishing to speak; 2 Registrant(s) in opposition wishing to speak; 5 Registrant(s) in support not wishing to speak; 1 Registrant(s) in opposition wishing to speak.
6/5/2007COMMON COUNCILA motion was made by Ald. Compton, seconded by Ald. Clausius, to Adopt With Amendment(s) as follows: strike "resident" and "or commerical tenant" in 4(a). The motion failed by the following vote:Fail
(8:13)
6/5/2007COMMON COUNCILA motion was made by Ald. Compton, seconded by Ald. Clausius, to Adopt With Amendment(s) as follows: strike "occupants" throughout the survey provisions in 4(d). The motion failed by the following vote:Fail
(1:18)
6/5/2007COMMON COUNCILA motion was made by Ald. Compton, seconded by Ald. Judge, to Adopt With Amendment(s) as follows: add "residential" to zoning lots in 2) and add "proposed area will consist of residential zoning areas only" in the 3(f). The motion failed by the following vote:Fail
(2:18)

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