Fiscal Note
No City appropriation required.
Title
SUBSTITUTE: Amending Section 16.03 of the Madison General Ordinances related to Transportation Demand Management to clarify Transportation Demand Management procedures, including broadening applicability.
Body
DRAFTER’S ANALYSIS: Madison adopted a Transportation Demand Management (TDM) ordinance on December 15th, 2022. The ordinance went into effect June 15th, 2023. The ordinance does not address some uses. This amendment attempts to ensure a more equal application of TDM requirements by specifically including additional uses in the section and applying the TDM program to uses not listed within the section. An exemption for City-owned property has been added. Subsection 8 has been removed and reserved because Subsection 4 and Subsection 8 were duplicative in title, both being entitled “Exemptions.”
The Substitute removes a suggested exemption in 16.03(4), as recommended by the Transportation Commission.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (3) entitled “Applicability” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(3) Applicability. This section applies to the following buildings, uses, or additions, or site alterations constructed or established after the effective date of this ordinance:
Any use not specified in the TDM Ordinance shall be subject to meeting TDM Ordinance requirements based on the most substantially similar use listed herein, as determined by city staff, if the unspecified use is an allowable use in the Zoning Code and not explicitly exempted within the TDM Ordinance
(a) Residential buildings, uses, or additions including proposed residential developments with 10 or more dwelling units, residential components of mixed-use projects, Multi-family dwellings; Adult family homes; Community living arrangements; Cohousing communities; Housing cooperatives; Dormitories fraternity, or sororities Lodging houses, fraternities, or sororities; Dormitories; Assisted living, congregate care, and skilled nursing facilities as defined in Sec. 28.211, MGO.
1. The "parking ratio" for residential buildings, uses or additions is calculated as the ratio of parking stalls to dwelling units.
(b) Employment buildings, uses, or additions, including employment uses with over 10,000 square feet of floor area, offices, service centers, storage and distribution centers, industrial uses Artist or photographer studios, insurance offices, real estate offices, sales offices; telecommunications centers; artisan workshops; wholesale bottling plants bottling plant; wholesale establishment, laboratories for research, development, and testing; limited production, processing, and storage facilities; mail order houses; printing and publishing facilities; recycling collection centers, drop-off stations breweries; general manufacturing; hazardous waste collection, storage or transfer; light manufacturing; recycling centers; asphalt, concrete batching or ready-mix plants; concrete, asphalt and rock crushing facilities; extraction of gravel, sand, other raw materials; motor vehicle salvage; lumberyards., as defined in Sec. 28.211, MGO.
1. The "parking ratio" for employment buildings, uses or additions is the number of parking stalls per 500 feet of gross area.
(c) Commercial buildings, uses, or additions including general retail:; food and related goods sales; animal boarding facilities, kennels; banks, financial institutions; business sales and services; laundromat, self-service laundromats; liquor stores; package delivery services; payday loan businesses; service businesses with or without showrooms or workshops; small appliance repair; building materials; drive-through sales and services, primary and accessory; dry cleaning, commercial laundries; furniture and household goods sales; garden centers; greenhouses, nurseries, food services: catering; coffee shops, tea houses; restaurants; restaurant-nightclubs; restaurant-taverns,; taverns,; brewpubs,; tasting rooms; recreational and entertainment facilities: health/sports clubs; indoor recreation centers; lodges, private clubs, reception halls; outdoor recreation facilities; theaters, assembly halls, concert halls; Adult entertainment establishments, and adult entertainment taverns as defined in Sec. 28.211, MGO.
1. The parking ratio for commercial buildings, uses or additions is the ratio of proposed parking to the use-specific Base Parking, as provided in the Transportation Demand Management Program.
(d) Institutional buildings, uses, or additions including hotels, inns, motels; grade schools, public and private high schools (Grade 9 and above); arts, technical or trade schools; colleges, universities; medical, dental, or optical health facilities or clinics; medical laboratory; physical, occupational or massage therapy clinics; veterinary clinics, animal hospitals; recreation, community and neighborhood centers; counseling, community services organizations; hospitals,; libraries, and museums as defined in Sec. 28.211, MGO.
1. The parking ratio for institutional buildings, uses or additions is the ratio of proposed parking to the use-specific Base Parking, as provided in the Transportation Demand Management Program.
(e) Mixed-use buildings, uses, or additions with two or more of the uses included in Sec. 16.03(2)(a), (b), (c) or (d), MGO.
1. The parking ratios are calculated for each use independently based on requirements listed in sections (a) through (d).
(f) Properties with buildings and/or uses constructed or established prior to the effective date of this ordinance are exempt from TDM requirements until such a time when the following occurs:
1. Expansion of the property.
2. Expansion of the parking associated the property.
3. Change of use from one land use category or sub-category to another, as defined in Appendix A of the “Transportation Demand Management Program”.”
2. Subsection (4) entitled “Exemptions” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(4) Exemptions. This The following buildings, uses, or additions constructed or established after the effective date of this ordinance are exempted:
(a) Residential buildings, uses, or additions with less than 10 dwelling units or containing 10-25 dwelling units with a proposed parking ratio of less than 1.0;
(b) Employment buildings, uses, or additions of between of less than 10,000 square feet of floor area or between 10,000-25,000 square feet of floor area and a proposed parking ratio less than 1.0;
(c) Commercial buildings, uses, or additions of less than 40,000 square feet of floor area and a proposed parking ratio of less than 1.25 their parking minimums or within the following use categories: day care center, nursery school, animal daycare facilities;
(d) Institutional buildings, uses, or additions of less than 40,000 square feet of floor area and a proposed parking ratio of less than 1.25 their parking minimums or within the following use categories: elementary school, middle school, institutions with campus master plans, places of worship, public safety facilities;
(e) Mixed-use buildings, uses, or additions that meet the exemption criteria outlined in this Sec. 16.03(3), MGO and as provided in the Transportation Demand Program.
(f) Wholly City-owned property.”
3. Subsection (5) entitled “Program Requirements” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(5) Program Requirements. Any applicant submitting a site plan for review or applying for a zoning certificate shall also submit a TDM Plan within thirty (30) days of receiving approval of the aforementioned permit and/or plan site plan review or zoning certificate submittal, if applicable. The completed TDM Plan shall be submitted to the City of Madison Department of Transportation ("DOT"). The DOT will approve a TDM plan that meets all of the following requirements and any additional requirements adopted by the Department of Transportation and approved by the Transportation Commission which are consistent with this Ordinance and state law:”
4. Subdivision (8) entitled “Exemptions” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is repealed and reserved for future use.
EDITOR’S NOTE:
Subdivision (8) entitled “Exemptions” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances currently reads as follows:
“16.03-Transportation Demand Management
(8) Exemptions. Properties that were completed or approved prior to the effective date of this ordinance are exempt from TDM requirements until such a time when the following occurs:
i. Expansion of the property.
ii. Expansion of the parking associated the property.
iii. Change of use from one land use category or sub-category to another, as defined in Appendix A of the "Transportation Demand Management Program".”