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Madison City Planning Commission keeps riverfront zoning proposal tabled amid notice concerns
Summary
The Madison City Planning Commission left a city-initiated zoning amendment to create a riverfront district on the table after commissioners raised questions about legal notice and last-minute changes to the proposal.
The Madison City Planning Commission on Wednesday voted to keep the City of Madison’s proposed riverfront zoning district on the table after commissioners raised procedural and notice concerns that could expose the city to legal challenge.
Commissioners said materials for the proposal were provided to the public and commission on June 9, eight days before the meeting, while the city’s zoning ordinance requires at least 10 days’ notice. One commissioner raised a point of order, saying, “Materials for this application were presented to the Plan Commission and public on June 9, which was 8 days prior to this meeting.” The commissioner recommended postponing further consideration until a special meeting could be scheduled in a larger venue to ensure proper notice and public access.
The proposal before the commission would amend the zoning ordinance, the official zoning map and the schedule of uses to create a riverfront district. City staff and the mayor had circulated revised schedule-of-use documents and red-lined amendments in the days before the hearing; commissioners said some of those changes arrived after the legal notice window closed and were verbally altered during an earlier meeting. Commissioners said that gap in timing could leave decisions open to procedural challenge in court.
City planning staff and the board’s attorney participated in the discussion. The board’s attorney advised that the hearing could proceed from a procedural standpoint. Nevertheless, several commissioners argued that the commission should be conservative to avoid the risk of having a decision overturned. One commissioner said the board should “be doubly sure that everything is done as it should be.”
After extended discussion about whether the matter had already been properly noticed, commissioners agreed not to take up the ordinance amendment at that meeting and to arrange a special meeting to continue the item. No vote was taken on the substance of the riverfront district during the session.
The commission concluded the meeting by moving to adjourn and will reconvene at a date to be set to address the riverfront item and other pending business.
What happened next: The commission did not vote on the riverfront zoning changes and left the application tabled pending a special meeting and additional notice.
