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Plan Commission approves consent agenda, refers multifamily pool project and asks staff about zoning for data center or fusion facilities
Summary
The commission approved a four‑item consent agenda (rezones and conditional uses), referred a large multifamily pool proposal to June 15, and held a brief exchange about how zoning and Madison codes treat fissionable/nonfissionable material and data center uses. Staff said they will follow up with specific code citations.
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The Madison Plan Commission on May 11 approved a four‑item consent agenda and referred one larger project to the June 15 meeting, while commissioners pressed staff to clarify how the city's zoning code would treat uses such as data centers or facilities involving fissionable material.
The chair read the approval consent agenda (items 2, 4, 5 and 6). Item descriptions included Legistar 92588 (conditional use for 406 N. Francis Street to permit an outdoor eating area after 9 p.m. with amplified sound), Legistar 92756 (rezoning and creation of a Planned Development for properties along East Buckeye Road), Legistar 92755 (amended specific implementation plan for property at 5817 Hallyway) and Legistar 92396 (conditional use for an outdoor recreation pickleball court to serve a new multifamily building at 5817 Hallyway). The commission approved the consent agenda by unanimous consent.
Chair Ghanam then opened the item proposed for referral, Legistar 91511 (2010–2030 Pennsylvania Ave and 1902 E. Johnson St), described as a conditional use in RMX and TOD overlay for an outdoor pool serving a proposed seven‑story, roughly 493‑unit multifamily building. The commission voted to refer that item to its June 15 meeting.
In the secretary's report, Director Megan Tuttle said that an appeal of conditional use approvals for projects at 5555 Odana Road and 5534 Medical Circle had been scheduled for common council review but was withdrawn by the appellants, who submitted a letter outlining concerns.
Separately, an Alder asked whether existing zoning rules would apply to large data centers or to a proposed nuclear fusion facility discussed informally by some members. Planner Tim Parks said the city does not often encounter such proposals but noted there is relevant language in the Madison zoning code. "We do have regulations in section 28.133 of the zoning code entitled Environmental Protection Standards regarding fissionable and non‑fissionable material," Parks said, adding the code limits fissile material to one gram in certain districts and ties some uses to licensing or registration required by state or federal law. Staff offered to follow up with a more detailed code read and to provide guidance to the commission.
Votes at a glance: Legistar 92588 (406 N Francis St) — approval (consent); Legistar 92756 (East Buckeye Rd rezoning) — approval (consent); Legistar 92755 (5817 Hallyway amended plan) — approval (consent); Legistar 92396 (5817 Hallyway conditional use for pickleball court) — approval (consent); Legistar 91511 (2010–2030 Pennsylvania Ave / 1902 E Johnson St pool) — referred to June 15 meeting.
Next steps: staff will prepare follow‑up materials on zoning questions raised about data centers and facilities involving fissionable materials; referred items will return on June 15 for formal consideration.

