TOD Overlay District Ordinance Update

On October 28, the Common Council referred a proposed ordinance to committee. This ordinance seeks to amend sections of the Madison General Ordinances, Chapter 28 (Zoning Code), aiming to increase housing density and restrict auto-centric uses within the Transit Oriented Development (TOD) Overlay District. The changes dramatically increase the allowed residential density, permitting four (4) dwelling units throughout the TOD Overlay District, including Hill Farms. A single property that currently has a single-family home could potentially house six (6) total residences with the addition of two Accessory Dwelling Units (ADUs).

Housing Forward Presentation

What is the overall intent of the proposed ordinance changes?

The proposed ordinance makes several changes to the Zoning Code, MGO Chapter 28, focused on allowing more housing and further restrict auto-centric uses in the Transit Oriented Development ("TOD") Overlay District.

What does the allowance of four dwelling units mean for single-family homes in the neighborhood?

The allowance of four dwelling units (plus two Accessory Dwelling Units or ADUs) means a significant change for properties currently hosting single-family homes in the neighborhood.

The ordinance change means that single-family residential properties within the Transit Oriented Development (TOD) Overlay District (which includes about half of the University Hill Farms neighborhood) are now permitted to have:

• Four Primary Dwelling Units: The allowed volume of residences on a standard lot is increased from a duplex (two units) to four units.

• Six Total Residences: Since the new ordinance still allows the addition of two Accessory Dwelling Units (ADUs), a single property could potentially house up to six total residences where a single single-family home previously stood.

This dramatically increases the housing density allowed on currently developed single-family lots, fundamentally changing the potential character and utilization of these properties.

What happened at Common Council on October 28?

The TOD Overlay District Ordinance changes were introduced at Common Council by District 5 Alder, Regina Vidaver, and referred for Public Hearing. The motion to amend sections of Chapter 28 was passed and moved to committee. 

Does the Neighborhood Association oppose changes to increase density and diversity in general?

No. The UHFNA recognizes the housing crisis in Madison and the need for affordable housing and has been in support of all housing projects in and around the neighborhood. The UHFNA support policy changes that are compliant with Section 106 of the National Historic Preservation Act of 1966 and are strategies proven to be effective in delivering affordable housing.

Contacts

• Wisconsin State Historic Preservation Office (SHPO)
  Reviews the federal agency's findings regarding the effects on historic properties in the state.
  Wisconsin Historical Society - Historic Preservation Office

• Advisory Council on Historic Preservation (ACHP)
  The independent federal agency that oversees the Section 106 process.
  ACHP

• City of Madison Planning Division
  The local agency responsible for the ordinance and planning; works with the federal agency to execute the review.
  City of Madison Planning Division

• Federal Transit Administration (FTA) - Region 5
  The federal agency that funded or approved the TOD plan, responsible for ensuring Section 106 compliance.
  FTA Region 5 Office