Fiscal Note
No City appropriation required.
Title
Amending Section 28.098 of the Madison General Ordinances related to Alterations to a Planned Development District to include a timeline for inactivity.
Body
DRAFTER’S ANALYSIS: This proposed ordinance amends MGO Sec. 28.098(6) to include a provision allowing the Director of Planning and Community and Economic Development to act on some Planned Development alteration requests. In some Planned Development zoning districts, the adopted zoning text includes a requirement that minor alterations also be approved by a non-City design or architectural review body. But those bodies may now be defunct or inactive and applicants are unable to move forward with their City alteration request. This change creates a shot-clock for these bodies; an applicant is able to move forward with their alteration request if the body fails to respond or act within thirty (30) days.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (6) entitled “Alterations to a Planned Development District” of Section 28.098 entitled “Planned Development District” of the Madison General Ordinances is amended as follows:
“(6) Alterations to a Planned Development District. Requests to alter a Planned Development District shall be made to the Director of Planning and Community and Economic Development. Upon receipt of the request, the Director shall determine if the request constitutes a major or minor alteration to the Planned Development District. Only major alterations approved by the Common Council shall establish a new approval date. The Director may refer any request for alteration to the Urban Design Commission for an advisory recommendation. Alterations shall only be approved as specified below.
(a) Minor alterations may be approved the Director of Planning and Community and Economic Development or designee following consideration by the alderperson of the district if the requested alterations are consistent with the concept approved by the Common Council. If the alderperson of the district and the Director of Planning and Community and Economic Development do not agree that a request for minor alteration should be approved, then the request for minor alteration shall be decided by the Plan Commission after payment of the applicable fee in Section 28.206, MGO.
1. When the recorded Planned Development zoning text requires a development or alteration also be approved by a non-City design, architectural, or similar review body, and the specified body has been dissolved, is inactive, or declines to make a recommendation, the Director may act on the Planned Development alteration request. The applicant shall provide documentation on efforts to reach the non-City review body. For the purposes of this section, the non-City review body will be considered inactive if the applicant has not received a response or had their non-City review process initiated within thirty (30) days of that contact.
(b) Major alterations may be approved by the City Plan Commission if the requested alterations are consistent with the concept approved by the Common Council.
(c) Major alterations that represent a substantial departure from the concept approved by the Common Council may be approved only after all of the procedures in Sec. 28.098(5) have been satisfied.
(d) Telecommunications towers, Class 1 Collocations, Class 2 Collocations and Radio Broadcast Service Facilities shall be considered minor alterations under this section. Criteria for review are provided in Sections 28.143 and 28.148. See Wis. Stat §§ 66.0404(3)(a)1 and (4)(gm) and 66.0406 (2013). A conditional use alteration is not required for the installation of Solar Energy Systems. See Section 28.151 and Wis. Stat. §§ 62.23(7)(c) and 66.0401 (2018).
(e) Requests to modify a sign package approved under Sec. 31.13(4), MGO, are not alterations subject to this section.”