Fiscal Note
No City appropriation required.
Title
Amending Section 16.03 of the Madison General Ordinances related to Transportation Demand Management to clarify Transportation Demand Management procedures, including adjusting parking ratios and removing some exceptions to TDM 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 changes below reflect changes to the program recommended by staff to increase the efficiency, clarity, and overall fairness of the program.
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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, 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.”
2. Paragraph 1. of Subdivision (b) of Subsection (3) entitled “Applicability” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“1. The "parking ratio" for employment buildings, uses or additions is the number of parking stalls per 500 feet of gross floor area.”
3. Paragraph 1. of Subdivision (c) of Subsection (3) entitled “Applicability” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“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 number of parking stalls per 500 feet of gross floor area.”
4. Paragraph 1. of Subdivision (d) of Subsection (3) entitled “Applicability” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“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 number of parking stalls per 500 feet of gross floor area.”
5. Subsection (4) entitled “Exemptions” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(4) Exemptions. 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 or 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(4), MGO and as provided in the Transportation Demand Program.”
6. Subdivision (c) entitled “Plan Content” of Subsection (5) entitled “Program Requirements” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(c) Plan Content. All TDM plans shall contain at a minimum the following:
i. The identity and contact information of the TDM Coordinator;
ii. A description of the building, use, or addition subject to TDM requirements;
iii. The number of mitigation TDM points required by this ordinance;
iv. The mitigation TDM measures chosen by the property owner to achieve the required number of mitigation TDM points during the two (2) calendar years succeeding the issuance of the certificate of occupancy for the building, use, or addition;
v. A statement that the TDM plan expiration date shall be two (2) calendar years after the issuance of the certificate of occupancy; and
vi. A statement acknowledging that a bi-annual TDM Compliance and Recertification Plan will be required during the life of the building, use, or addition.”
7. Subsection (6) entitled “Mitigation Point Requirements” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(6) Mitigation TDM Point Requirements. Every building, use, or addition subject to the provisions of this ordinance is required to meet a set number of TDM mitigation points during the entire two-year TDM Plan period. Mitigation TDM points required are calculated as a function of the following:
i. The size of the proposed building, use, or addition.
ii. The number of parking stalls proposed for the project.
iii. Proximity to existing or proposed transit, as outlined in Figure 14 - "TDM Requirement Modifiers Based on Location" of the "Transportation Demand Management Program".
To determine the required mitigation TDM points for a project, the "raw mitigation points" are multiplied by the "modifiers based on location." These point values shall be found in the Transportation Demand Management Program, approved by the Transportation Commission. The mitigation TDM point values may be modified by the Department of Transportation by amendment to the Transportation Demand Management Program approved by the Transportation Commission. The Transportation Management Program shall be posted in a prominent location on the DOT's page on the City of Madison website.”
8. Subsection (7) entitled “Mitigation Point Measures” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(7) Mitigation point TDM measures. To satisfy the mitigation TDM points required under Sec. (6) above, property owners may choose from a menu of mitigation TDM measures approved initially by the Common Council and updated annually by the Transportation Commission. The TDM measures shall represent the best practices for the reduction of vehicle miles travelled (VMT) within the context of Madison's transportation system and be grouped into nine broad categories: Active Transportation, Transit, Parking Management, Shared Mobility, Information & Communication, Delivery, Land Use, Employer Policies, Other Measures. Each mitigation TDM measure shall be accompanied by mitigation TDM point values, which can be added to other mitigation TDM measure point values until the mitigation TDM point requirement is met. The DOT is responsible for maintaining the list of TDM mitigation measures and, if requested by the property owner, assisting in the selection of the most effective mitigation TDM measures for their project.”
9. Subsection (9) entitled “Appeals” of Section 16.03 entitled “Transportation Demand Management” of the Madison General Ordinances is amended as follows:
“(9) Appeals. Program participants with properties completed or approved prior to the effective date of this ordinance may seek relief from TDM requirements. Department of Transportation staff may approve relief up to five (5) mitigation TDM points, as outlined within section 2.6 of the Transportation Demand Management Program. Applicants that allege an error in staff determination or that require additional relief in the form of mitigation TDM points may appeal to the Transportation Commission for adjustments to mitigation TDM point requirements.”