| 7/9/2007 | Attorney's Office/Approval Group | Approved As To Form | |
| 7/9/2007 | Attorney's Office | Fiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 7/11/2007. | |
| 7/11/2007 | Comptroller's Office/Approval Group | Fiscal Note Pending to the Attorney's Office Completed on 7/11/2007 | |
| Notes: Bohrod |
| 7/12/2007 | Attorney's Office | Referred for Introduction | |
| Notes: Plan Commission, Landmarks Commission; Public Hearings: Plan Commission, 8/6/07; Common Council, 9/4/07 |
| 7/17/2007 | COMMON COUNCIL | Refer For Public Hearing to the PLAN COMMISSION due on 9/4/2007. Completed on 8/6/2007 | Pass |
| Notes: Additional Referral(s): Landmark Commission. Due back at the 9/4/07 Common Council Meeting. |
| 7/17/2007 | PLAN COMMISSION | Refer to the LANDMARKS COMMISSION due on 9/4/2007. Completed on 9/5/2007 | |
| Notes: Due back at the 9/4/07 Common Council Meeting. |
| 8/6/2007 | PLAN COMMISSION | RECOMMEND TO COUNCIL TO REREFER - PUBLIC HEARING PLAN COMMISSION Completed on 2/11/2008 | Pass |
| Notes: Referred pending a recommendation from the Landmarks Commission. |
| 8/20/2007 | LANDMARKS COMMISSION | to the September 5, 2007 meeting. | Pass |
| Notes: Some Commission members and members of the public could not be in attendance, therefore this item was not discussed. |
| 9/4/2007 | COMMON COUNCIL | Rerefer for Recessed Public Hearing to the PLAN COMMISSION Completed on 2/11/2008 | Pass |
| 9/5/2007 | LANDMARKS COMMISSION | Rerefer to the LANDMARKS COMMISSION Completed on 1/28/2008 | Pass |
| Notes: Mr. Levitan suggested that there be an amendment to the proposed ordinance that for those sites listed in section 28.04(22)(d) the owner would be required to notify the pertinent parties 60-days before submission of the request for a demolition permit. Further that in Sec. 28.04(22)(b)2. the words “except for application submitted pursuant to (d) below” be stricken. |
| 9/19/2007 | LANDMARKS COMMISSION | Since the draft revisions to the Ordinance had not been completed, a motion was made by Stephans, seconded by Rosenblum, to Refer to the next LANDMARKS COMMISSION meeting. The motion passed by voice vote/other. | Pass |
| Notes: |
| 10/10/2007 | LANDMARKS COMMISSION | No revisions to the original draft were available for review yet, so a motion was made by Stephans, seconded by Konkel, to Rerefer to the next LANDMARKS COMMISSION meeting. The motion passed by voice vote/other. | Pass |
| Notes: |
| 10/24/2007 | LANDMARKS COMMISSION | Ald. Konkel was not at the meeting and the changes to the ordinance had not yet been submitted. A motion was made by Levitan, seconded by Taylor, to Rerefer to the next LANDMARKS COMMISSION meeting. The motion passed by voice vote/other. | Pass |
| Notes: |
| 10/29/2007 | LANDMARKS COMMISSION | A motion was made by Levitan, seconded by Taylor, to Rerefer to the LANDMARKS COMMISSION, due back on 12/3/2007. The motion passed by voice vote/other. | Pass |
| Notes: |
| 12/3/2007 | LANDMARKS COMMISSION | A motion was made by Rosenblum, seconded by Stephans, to Rerefer to the January 14, 2008 LANDMARKS COMMISSION meeting. The motion passed byvoice vote/other. | Pass |
| Notes: |
| 1/14/2008 | LANDMARKS COMMISSION | A motion was made by Taylor, seconded by Rosenblum, to Rerefer to the LANDMARKS COMMISSION so that they can review a draft that includes the recommendations they discussed at this meeting. The motion passed by voice vote/other. | Pass |
| Notes: |
| 1/28/2008 | LANDMARKS COMMISSION | A motion was made by Gehrig, seconded by Rosenblum, to Return to Lead with the Recommendation(s) written up by Ms. Rankin to the PLAN COMMISSION, with one change – the wording of the last sentence in the recommendations for Sec.28.04(22)(c)1.d. to “If the Landmarks Commission determines that the property has historic value, it (delete may) shall submit a report to the Plan Commission for its consideration.” The motion passed by voice vote/other. | Pass |
| Notes: |
| 2/11/2008 | PLAN COMMISSION | A motion was made by Basford, seconded by Gruber, to RECOMMEND TO COUNCIL TO ADOPT - RECESSED PUBLIC HEARING. The motion passed by voice vote/other. | Pass |
| Notes: The Plan Commission recommended approval of the ordinance recommended by the Landmarks Commission with the following changes: (Additional language recommended by the Plan Commission is underlined.)
1. Section 28.04 (22) - Title. That all terms related to types of demolition (razing, demolition, removal, and wrecking) be included in the title. Subsequent references could be shortened to "demolition", provided a definition of "demolition" is added to include these terms.
2. Section 28.04 (22) (a) - Statement of Purpose. That the last sentence be amended to read “The purpose of this section is to aid in the implementation of adopted City plans, protect neighborhood character, preserve historic buildings, encourage reuse of existing buildings, encourage the relocation of existing buildings that are suitable for continued use at another location, and to discourage demolition by neglect.”
3. Section 28.04 (22) (b) 1 - Application for Permit. That the phrases “the documented age of the building” and “and a plan for recycling materials from the building(s) to be demolished” be removed from the sixth sentence. With new language recommended, the last sentence of this section should read: "An application for a permit also shall include a site plan for any proposed future use and a statement detailing the present and future use of the property and how long they have owned the property.”
4. Section 28.04 (22) (c) 1 b. - Standards. That the following sentence replaces the second sentence. “Furthermore, the future use must be consistent with the character, massing and density of the neighborhood, or in cases in which the Comprehensive Plan or an adopted neighborhood plan addresses a neighborhood’s character, massing and density, the project shall comply with these plans.”
5. Section 28.04 (22) (c) 1 d. - Standards. That the statement be revised to reads as follows: “For buildings constructed prior to 1946, the City’s historic preservation planner shall submit a report to the Plan Commission regarding the historic value of the property.”
6. Section 28.04 (22) (c) 1 e. - Standards. That the first two sentences are deleted and the remaining sentence reads as follows: “If a demolition permit is approved, it shall not be issued until the reuse and recycling plan is approved.”
7. Section 28.04 (22) (c) 2. - Standards. That the text be amended to clearly indicate that items c., d., and e. from Section 28.04 (22) (c) 1 apply to this section.
8. Section 28.04 (22) (d) 1. - Exemptions. That the phrase “or Neighborhood Conservation District.” be added after “Historic District” in the first sentence.
9. Section 28.04 (22) (d) 2. - Exemptions. That this entire section be placed back into the ordinance.
10. Section 28.04 (22) (e) - That the phrase “Reuse and” be added to the term “Recycling Plan".
11. Section 28.04 (22) (i)- Penalty. That the statement including “fails to obtain a permit prior to a demolition” be separated into its own sentence and that an increased fine is established for this type of offense versus the penalty listed for failure to submit a reuse and recycling plan.
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| 2/25/2008 | PLAN COMMISSION | A motion was made by Basford, seconded by Cnare, to RECOMMEND TO COUNCIL TO ADOPT - RECESSED PUBLIC HEARING. The motion passed by voice vote/other. | Pass |
| Notes: The Plan Commission recommended adoption of the proposed revisions to Section 28.04 (22) with the following amendments:
- On a motion by Bowser, seconded by Olson, staff was directed to draft a definition of 'demolition' to be added to Section 28.03 as a separate zoning text amendment within 60 days. This amendment passed by a vote of 7-1 (Aye: Ald. Kerr, Ald. Cnare, Ald. Gruber, Bowser, Olson, Heifetz, Basford; Nay: Boll; Non-Voting: Fey; Excused: Whitaker).
- On a motion by Heifetz, seconded by Basford, the statement of purpose in section (a) was amended to add ", discourage demolition by neglect and allow the property owner to have a decision on approval or disapproval of the proposed use of the property before he or she takes the irrevocable step of demolishing or moving his or her existing building or buildings" to the end of the proposed text. This amendment passed by acclamation.
- On a motion by Basford, seconded by Boll, section (b)2 was revised to read as follows: "Except for applications submitted pursuant to (d), below, at least thirty (30) days prior to filing an application for a demolition or removal permit, the applicant shall notify the Alderperson of the district where the demolition or removal is proposed. For buildings constructed before 1946, this notice shall be at least 60 days prior to filing an application for a demolition or removal permit. The applicant also shall notify any neighborhood association registered within the City that serves the area where the demolition or removal is proposed, any business association that serves the area and is listed by the City, and any person registered with the Department of Planning and Community and Economic Development to receive notice of proposed demolitions or removals. Notification shall be by mail, or electronic mail, with a copy to the Director of the Department of Planning and Community and Economic Development. Failure to provide such notification shall not invalidate any action on the application taken by the Plan Commission or Common Council but may delay consideration of the application. The notice requirement for all but the registered persons may be waived, if approved by the Alderperson, President of the Neighborhood Association, and Director of the Department of Planning and Community and Economic Development." This amendment passed by a vote of 6-2 (Aye: Ald. Cnare, Ald. Gruber, Bowser, Olson, Boll, Basford; Nay: Ald. Kerr, Heifetz; Non-Voting: Fey; Excused: Whitaker).
- On a motion by Ald. Gruber, seconded by Olson, section (c)1.b was revised as follows: "The Plan Commission finds that both the requested demolition or removal and the proposed use are compatible with the purpose of this section and the intent and purpose expressed in the Zoning Code for the zoning district in which the property is located. Furthermore, the proposed future use must be consistent with the Comprehensive Plan, an adopted neighborhood plan and Neighborhood Conservation District. If no neighborhood plan or conservation district exists, the future use must be compatible with the neighborhood's character, massing and density. When making this finding the Commission shall consider and may give decisive weight to any relevant facts including but not limited to the effects the proposed demolition or removal and proposed use of the subject property would have on the normal and orderly development and improvement of surrounding properties, the reasonableness of efforts to relocate the building, including but not limited to the costs of relocation, the structural soundness of the building, and the limits that the location of the building would place on efforts to relocate it, and the availability of affordable housing." This amendment passed by acclamation and superseded two earlier amendments to revise this section.
- On a motion by Ald. Gruber, seconded by Basford, section (c)1.d was revised as follows: "The City's historic preservation planner shall submit a report regarding the historic value of the property to the Plan Commission and the Landmarks Commission. The Landmarks Commission may submit an advisory report to the Plan Commission for its consideration." This amendment passed by acclamation.
- On a motion by Boll, seconded by Basford, section (c)1.e was revised as follows: "If a demolition or removal permit is approved, it shall not be issued until the reuse and recycling plan is approved by the Recycling Coordinator." This amendment passed by acclamation.
- On a motion by Ald. Kerr, seconded Bowser, section (c)2 was amended to add: "The Plan Commission may also approve a demolition permit for a non-residential building with no proposed use when it has concluded that the existing zoning of the property relative to the use, scale and massing and overall site design is adequate to ensure that the development of the property will occur in conformance with the City's adopted plans. The provisions in 28.04 (22)(c)1c-e shall also apply to this subsection." This amendment passed by a vote of 7-1 (Aye: Ald. Kerr, Ald. Cnare, Ald. Gruber, Bowser, Olson, Heifetz, Basford; Nay: Boll; Non-Voting: Fey; Excused: Whitaker).
- On a motion by Boll, seconded by Heifetz, section (d)2, which reads "Demolition or removal permits may be issued without the prior approval referred to in Subdivision (c) above, provided that the building proposed to be demolished or removed is owned by the City of Madison and the project necessitating the demolition or removal has been recommended by the Plan Commission and approved by the Common Council" was removed. This amendment passed by acclamation.
- On a motion by Ald. Kerr, seconded by Bowser, proposed section (g), Demolition by Fire, was revised as follows: "For any permit approved for demolition by fire, written notice of the date of the proposed demolition shall be provided to all owners and residents of properties and the district alder within five hundred (500) feet of the boundaries of the property on which the demolition will occur. Such notice shall be provided at least five (5) days prior to the date of the proposed demolition." This amendment passed by acclamation.
- On a motion by Ald. Kerr, seconded by Bowser, a new section (g) was added that reads as follows and specifies the hearing procedures for demolition permits similar to Section 28.12 (f) regarding conditional uses: "Notice of Hearing on Application . Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 Notice under the Wisconsin Statutes in the official City paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, the alderperson of the ward in which the property affected is located, and the owners of record, as listed in the office of the City Assessor, who are owners of property in whole or in part situated within two hundred (200) feet of the boundaries of the properties affected, said notice to be sent at least ten (10) days prior to the date of such public hearing. The applicant shall immediately post a copy of such notice in a conspicuous manner in a common or central location of each rental building where all residents/occupants are likely to see the notice or mail a copy of the notice to each rental unit within the area entitled to notice. The applicant has the option of making the required mailing her/himself and may use labels purchased from the City or the applicant may pay the City to do the mailing. The applicant also shall post a sign, obtained from the Department of Planning and Community and Economic Development, on the property that is the subject of the application. The sign shall list the times and locations of public hearings before the Plan Commission and Common Council to consider the application. It shall be posted at least seven (7) days prior to the first public hearing and shall be located in a position on the property so that it can be read from the sidewalk or other public right-of-way. If the property abuts more than one (1) public-right-of-way, a sign shall be placed facing each public right-of-way. The sign shall be removed within seven (7) days of the last hearing listed on the sign. Failure to post a notice in a rental building at least forty-eight (48) hours before the scheduled hearing or to mail a copy of the notice to each rental unit at least five (5) days before the scheduled hearing or to post a sign on the property listing the times and locations of public hearings at least seven (7) days prior to the first public hearing shall subject the applicant to a forfeiture of not less than fifty dollars ($50) nor more than one hundred dollars ($100). Failure to post or mail such notices shall not affect the validity of the approval action taken." This amendment passed by acclamation. |
| 3/18/2008 | COMMON COUNCIL | A motion was made by Ald. Bruer, seconded by Ald. Gruber, to Adopt and Close the Public Hearing with amendments. The motion passed by voice vote/other. | Pass |
| Notes: With the following amendment(s): add 'No demolition by fire shall be allowed on days an Air Quality watch or Air Quality Advisory has been issued by the Department of Natural Resources for particulate pollution' at the end of 1(g), Demolition by Fire; add 'the applicant shall provide' and strike 'shall be provided' in the first sentence of 1(g); strike 'five hundred (500) feet and replace with 'one thousand (1000) feet in 1(g); strike 'must' and replace with 'should', strike 'and' and replace with 'or' and strike 'If no neighborhood plan or neighborhood conservation district exists, the proposed use shall be compatible with the neighborhood's character, massing, and density' in Section 1(b); change all references in the ordinance from '1946' to '1940' and strike 'For buildings constructed prior to 1946' in Section 1(c) 1.d. The motion passed by voice vote/other.
A motion was made by Ald. Konkel, seconded by Ald. Rummel to Adopt the following amendment: add "No demolition by fire shall occur if there are residences within 500 feet of the structure to be burned" at the end of Section 1(g). The motion FAILED by voice vote/other.
A motion was made by Ald. Compton, seconded by Ald. Sanborn to Adopt the following amendment: strike 'sixty (60) days notice of demolition' and replace with 'thirty (30) days notice of demolition' in Section 1(b) 2. The motion FAILED by voice vote/other. |
| 4/8/2008 | COMMON COUNCIL | A motion was made by Ald. Gruber, seconded by Ald. Skidmore to Reconsider. The motion was WITHDRAWN. | |
| Notes: |