2 more new Madison housing reports

We seem to be awash in housing reports, I have one additional one to blog about as well.  Here’s the 2 latest reports that came out today.

The two most interesting parts of these reports are the 14 recommendations at the end and the affordability numbers.

OTHER RECENT HOUSING REPORTS I’VE BLOGGED ABOUT

TWO MORE STATE REQUIRED REPORTS

From: “Stouder, Heather” <HStouder@cityofmadison.com>
Date: December 27, 2019 at 12:43:06 PM EST
To: Mayor <Mayor@cityofmadison.com>, All Alders <allalders@cityofmadison.com>
Subject: Required Housing Reports

Mayor and Alders,

Recent changes to State law stemming from 2017 Act 243 require the City of Madison to post two reports regarding new housing costs.

1. New Housing Fee Report, detailing the use and amount of all fees associated with housing development.

2. Housing Affordability Report, which includes analysis of the amount of new housing constructed, availability of land for housing development, the City’s ability to meet existing and forecasted housing demand, residential development regulations, and ways to modify development regulations to make housing development less expensive.

Per the statute, we are required to provide you with a copy of the Housing Fee Report. You can find both the New Housing Fee Report and the Housing Affordability Report attached to this email and at the links on the City website below.
https://www.cityofmadison.com/dpced/planning/housing-affordability-analysis/3309/
https://www.cityofmadison.com/dpced/planning/new-housing-fee-report/3308/

Many thanks to Planner Colin Punt, Assistant City Attorney Doran Viste, and contributions from staff across many agencies for pulling this information together over the last several months.

Have a safe and happy new year!

Heather

Heather Stouder, AICP
Director, Planning Division
City of Madison Department of Planning &
Community & Economic Development
215 Martin Luther King Jr. Blvd.
Madison, WI, 53703
P: 608-266-5974
F: 608-267-8739
hstouder@cityofmadison.com

NEW HOUSING FEE REPORT

The report is here.  It is essentially a report on the fees developers pay for residential construction, remodeling and development.  This is a report required by the state (66.10014 New housing fee report.)

STATE REQUIREMENTS

(2)  Not later than January 1, 2020, a municipality shall prepare a report of the municipality’s residential development fees. The report shall contain all of the following:

(a) Whether the municipality imposes any of the following fees or other requirements for purposes related to residential construction, remodeling, or development and, if so, the amount of each fee:

        1. Building permit fee.
        2. Impact fee.
        3. Park fee.
        4. Land dedication or fee in lieu of land dedication requirement.
        5. Plat approval fee.
        6. Storm water management fee.
        7. Water or sewer hook-up fee.

(b) The total amount of fees under par. (a) that the municipality imposed for purposes related to residential construction, remodeling, or development in the prior year and an amount calculated by dividing the total amount of fees under this paragraph by the number of new residential dwelling units approved in the municipality in the prior year.

STAFF CONCERNS/STRUGGLES

The staff seem to have some concerns about the report:

The Staff preparing this report call attention to several considerations and caveats regarding the use of the data included herein. A municipality as large, diverse, and active as Madison applies and collects a range of fees for the wide range of development types that occur within its jurisdiction. Many fees reported here are not applicable to all development or construction projects. Some fees are applicable to new development, some to redevelopment, and some to all projects. Some fees are applicable only to very specific situations. While certain fees are applicable to only residential development, some are applicable to only non-residential development, and still others are applicable to all types of development.

Further, because of the nature of the approval and construction of housing, and the times at which related fees are paid, it is difficult to reconcile fees charged and collected within one year and housing units approved or constructed within the same calendar year. For example, a large, mainly residential plat may be reviewed and approved during one year, the public improvements may be completed the next year, but construction of the residences may stretch out over many subsequent years. Additionally, certain types of multi-family and mixed-use buildings with residential components may incur fees different and separate from the fees for plats or single-family residential construction. In 2018, the City of Madison issued building permits for 1,583 new dwelling units; some of these units are permitted by right while others required additional discretionary review and approval. During 2018, the City also approved plats and CSMs that created 1,063 single-family lots and 79 two-family lots. The City also approved a net addition of 1,032 units that required discretionary review; the vast majority of these units were in multifamily or mixed-use buildings. In the interest of not double counting units, and to balance out units approved prior to 2018 but built in 2018 and units approved in 2018, but not built until after 2018, the author of this report has opted to use the number of building permits issued in 2018 to satisfy the requirement of the law. Because of these many issues and considerations the required amount “calculated by dividing the total amount of fees…by the number of new residential dwelling units approved in the municipality in the prior year” does not represent the actual cost per unit. Using a different definition of approved dwelling units would significantly alter the number reported below.

Note about calculations:

The author of this report thus utilized a number of methods based on how individual fees were applied and the likelihood fees were applied to residential development (opposed to other development types) to provide a best estimate of the number of fees and amount of fees collected that were applied to residential development. However, because the total fees collected includes approvals for dwelling units approved but not constructed, as well as fees for numerous repairs and renovations, in addition to the caveats and considerations described above, the reported fee amount per dwelling unit does not represent the actual cost per unit.

REPORT DATA

  • In 2018, a total of 36,976 fees, charges, and assessments totaling $12,160,868.88 were applied to all new development and construction, repair, remodeling, renovation, rehabilitation of property in Madison. This includes not just residential construction, but commercial, office, industrial, institutional, and mixed-use development as well.
  •  2018
    • Total fees
      • Total fees collected $12,160,868.88
      • Total dwelling units approved 1,583
      • Fee Amount per Dwelling Unit $7,682.17
    • Fees collected assumed residential
      • $8,661,343.46
      • 1583 dwelling units
      • Fee Amount per Dwelling Unit $5,471.47
    • New Construction
      • 1583 dwelling units
      • Total fees collected $6,259,303.51
      • Permits issues/fees collected = 15,247
      • Fee amount per permit = $410.52
      • Fee amount per dwelling unit = $3,954.08
    • Remodel/Renovation
      • 4526 dwelling units
      • Total fees collected $2,402,039.95
      • Permits issued/fees collected = 10,422
      • Fee amount per permit = $230.48
      • Fee amount per dwelling unit = $1,517.40

APPENDIXES

The attached Appendix 1 is a summary of all fees that could be applied to residential development. This report’s author notes that many of the fees reported here are applied to residential development, but many also represent fees applied to non-residential development. Similarly, many fees are applied to new construction, others to remodel/renovation, and some to either project type. Appendix 2 includes more detailed information regarding specific fee types, fee amount calculations when available (or a reference to more information), and data regarding how the fees were applied in 2018. Because of the way various fees are applied and the methods by which some are tracked by responsible agencies, some data is available only in aggregate. Further, some fees are determined on a case by case basis subject to the details of the proposal, the location, and other factors. Additionally, many impact fees are location based, and therefore are sometimes not applied in some years. Many fee increase year-to-year due to accommodate increasing labor, material, service, land, or other costs. This report presents the most up- to-date fee information in these tables, but the City of Madison reserves the right to modify all fees in the future.

Appendix 1: Fee Summary

Appendix 2: Fee Details

HOUSING AFFORDABILITY REPORT

The report is here if you are interested.

STATE REQUIREMENTS

(2) Not later than January 1, 2020, a municipality shall prepare a report of the municipality’s implementation of the housing element of the municipality’s comprehensive plan under s. 66.1001. The municipality shall update the report annually, not later than January 31. The report shall contain all of the following:

(a) The number of subdivision plats, certified survey maps, condominium plats, and building permit applications approved in the prior year.

(b) The total number of new residential dwelling units proposed in all subdivision plats, certified survey maps, condominium plats, and building permit applications that were approved by the municipality in the prior year.

(c) A list and map of undeveloped parcels in the municipality that are zoned for residential development.

(d) A list of all undeveloped parcels in the municipality that are suitable for, but not zoned for, residential development, including vacant sites and sites that have potential for redevelopment, and a description of the zoning requirements and availability of public facilities and services for each property.

(e) An analysis of the municipality’s residential development regulations, such as land use controls, site improvement requirements, fees and land dedication requirements, and permit procedures. The analysis shall calculate the financial impact that each regulation has on the cost of each new subdivision. The analysis shall identify ways in which the municipality can modify its construction and development regulations, lot sizes, approval processes, and related fees to do each of the following:

1. Meet existing and forecasted housing demand.
2. Reduce the time and cost necessary to approve and develop a new residential subdivision in the municipality by 20 percent.

DATA

Issues with the data

Because of the nature of the approval and construction of housing, it is difficult to reconcile the number of housing units approved or constructed within a given calendar year. Building permits for new construction may occur in the year or years following lot creation or land use approval. For example, a large, mainly residential plat may be reviewed and approved during one year, the public improvements may be completed the next year, multi-family buildings may be approved another year, and construction of the single-family residences and multi-family buildings may stretch out over many years. As such, the number of building permits, provided in Table 2 below, is not the same as the number of approved residential lots.

2018 data on approvals/permits

– Proposals Approved

  • 9 plats with 996 lots
  • 9 CSMs with 294 lots
  • Condos – 19 new declarations, 23 amendments or addendums, no new dwelling units approved
  • 434 new construction permits with dwells units (606 total) for 1583 units

– Building permits pulled for new dwelling units

The chart on page 2 might be easier to read

  • 2018 – 1583 total
    • 359 single family homes
    • 50 2-4 dwelling units
    • 1147 5+ dwelling units
    • 27 unknown/other
  • 2017 – 2059 total
    • 361 single family homes
    • 33 2-4 dwelling units
    • 1640 5+ dwelling units
    • 25 unknown/other
  • 2016 – 2247 total
    • 342 single family homes
    • 48 2-4 dwelling units
    • 1942 5+ dwelling units
    • 15 unknown/other
  • 2015 – 1668 total
    • 299 single family homes
    • 26 2-4 dwelling units
    • 1339 5+ dwelling units
    • 4 unknown/other
  • 2014 – 1970 total
    • 238 single family homes
    • 14 2-4 dwelling units
    • 1707 5+ dwelling units
    • 4 unknown/other
  • 2013 – 2121 total
    • 213 single family homes
    • 14 2-4 dwelling units
    • 1814 5+ dwelling units
    • 80 unknown/other
  • 2012 – 1262 total
    • 158 single family homes
    • 20 2-4 dwelling units
    • 1068 5+ dwelling units
    • 16 unknown/other
  • 2011 – 565 total
    • 134 single family homes
    • 22 2-4 dwelling units
    • 409 5+ dwelling units
    • 0 unknown/other
  • 2010 – 519 total
    • 146 single family homes
    • 14 2-4 dwelling units
    • 352 5+ dwelling units
    • 7 unknown/other
  • 2009 – 706 total
    • 190 single family homes
    • 12 2-4 dwelling units
    • 502 5+ dwelling units
    • 2 unknown/other

UNDEVELOPED PARCELS

See maps and charts in report.

Attachment A includes the required map of all undeveloped parcels zoned for residential development.

Attachment B lists all undeveloped parcels zoned for residential development.

Attachment C shows the required map of all undeveloped parcels zoned primarily for mixed-use or commercial development with permitted residential development.

Attachment D lists all undeveloped parcels zoned primarily for commercial development with permitted residential development.

Attachment E maps the undeveloped parcels suitable for, but not zoned for residential development.

Attachment F lists these parcels.

ANALYSIS

Existing and Forecasted Housing Demand

Table 3: Population Projections 2015-2040

  • 2015
    • Population 245,788
    • Households 106,827
  • 2020
    • Population 257,461
    • Households 113,167
  • 2025
    • Population 270,631
    • Households 119,885
  • 2030
    • Population 284,147
    • Households 126,274
  • 2035
    • Population 297,582
    • Households 132,900
  • 2040
    • Population 313,721
    • Households 140,269

The report has additional charts showing the following on page 6:

  • Land uses in Madison (non-right-of-way) changes between 2005 and 2017
    • 20% increase (809 acres) for commerical use
    • 14% increase (1868 acres) for residential use
    • 11% increase (926 acres) for parks and open space
    • 2% increase (82 acres) for industrial use
    • 2% decrease (52 acres) for institutional use
    • 22% decrease (1,681 acres) for agriculture and vacant
  • Projected land Use Demand 2015-2040
    • 1377.3 acres for residential single family use
    • 877.4 acres for street right of way
    • 787.7 acres for commercial.office/services
    • 676.6 acres for parks and open space
    • 377.7 acres for residential multi-family use
    • 155.5 acres for commercial residential
    • 135 acres for institutional
    • O acres for industrial
  • Projected Residential Land Use Demand 2015-2040
    • 32,180 new households
    • 22% new single family units = 7015 units on 1,377 acres
    • 78% new multi-family units = 25,165 units -10,833 infill units = 378 acres of land

Additional Charts

  • Page 7
    • projected number of units needed per year
    • parcel creation 2013-2018
  • Page 8
    • Equalized value (land only) 2008 (74.7 sq miles) to 2018 (80.9 sq miles)

Meeting Housing Needs – Affordability

You can read more information, but this is the best I have seen in terms of breaking down the housing needs.  Housing is considered affordable when people pay 30% of their income towards their housing costs.

  • Households making less than $10,000
    • 7,460 renter households (13.2% of renters)
      • 5,514 (73.9%) pay over half their income towards rent
    • 776 owner households (1.5% of owners)
      • 643 (82.9%) pay over half their income towards housing
  • Household making $10,000 – $19,999
    • 7,535 renter households (13.3% of renters)
      • 5,879 (78%) pay over half their income towards rent
    • 1,703 owner households (3.3% of owners)
      • 1,040 (61%) pay over half their income towards housing
  • Households making $20,000 – 34,999
    • 11,477 renter households (20.3% of renters)
      • 5,235 (35.6%) pay over half their income towards rent
      • 6,265 (54.6%) pay over 30% of their income towards rent
    • 3,101 owner households (6% owners)
      • 903 (29.1%) pay over half their income towards housing
      • 1,188 ((38.2%) pay over 30% of their income toward housing
  • Households making $35,000 – 49,999
    • 9,069 renter households (16.1% renters)
      • 3,286% (36.2%) pay over 30% of their income towards their rent
    • 4,895 owner households (9.5%)
      • 1,827 (37.3%) pay over 30% of their income towards their housing

Includes 63% of renters, 20% homeowners.


  • Households making $50,000 – 74,999
    • 10,028 renter households (17.7%)
      • 1,408 (14%) pay over 30% of their income towards their rent
    • 9,572 owners households (18.6%)
      • 2,723 (28.4%) pay over 30% of their income towards housing.

ANALYSIS OF RESIDENTIAL DEVELOPMENT REGULATIONS

This information is provided again with many of the same caveats about the costs not being comparable, plus this section requires financial information known only to the developer.

  • New Construction
    • 1583 dwelling units
    • Total fees collected $6,259,303.51
    • Permits issues/fees collected = 15,247
    • Fee amount per permit = $410.52
    • Fee amount per dwelling unit = $3,954.08
  • Remodel/Renovation
    • 4526 dwelling units
    • Total fees collected $2,402,039.95
    • Permits issued/fees collected = 10,422
    • Fee amount per permit = $230.48
    • Fee amount per dwelling unit = $1,517.40

STRATEGIES TO LOWER COSTS OF HOUSING DEVELOPMENT

NOTE:  Reminder – all of this work would be done to reduce the cost of new housing by $3,954.08 per unit.  Is it worth it?  And at what cost?  Our taxes go up because the fees no longer cover the staff time that goes in to development? Also, its a shame that the public and the Common Council were not consulted when coming up with these strategies.  But, kudos to staff for reporting that part of the issue with creating affordable housing is the pre-emptions placed on us by the state.  Hey, the state asked for the report.

State statute requires this report to identify ways in which Madison can modify construction and development regulations, lot sizes, approval processes, and development-related fees to reduce the time and cost necessary to approve and develop a new residential subdivision in the municipality by 20 percent.

Strategy 1 – Reduce Minimum Lot Areas

Land is a significant contributor to the cost of housing. As seen in Table 7 of this report, the 2018 equalized value of land in Madison was approximately $132,000 per acre on average. The equalized value for residential land only was approximately $300,000 per acre, while the average assessed land value for residential land developed with new construction between 2010-2018 was $429,000 per acre. The average assessed value for all vacant land (lands with no taxable improvement value) in Madison is $39,000, and agriculturally zoned land within city boundaries is assed at $8,000 per acre on average. The market value of vacant or agriculture land can change dramatically depending on plan recommendations, changes to zoning, adjacency to existing development, and proximity to roads or utilities. A review of 60 residential lots listed for sale on Zillow.com within the City of Madison in August 2019 averaged $444,000 per acre; the least expensive lot was listed for more than $100,000 per acre, and several lots exceeded $800,000 per acre.

Because of the impact of land costs on the total cost to develop and sell, the amount of land required to develop housing can have an outsized impact on the cost. Table 14 compares the minimum lot area per dwelling unit required by the zoning codes of various municipalities in Dane County. The City of Madison enables denser development than all other communities reviewed, often by a considerable margin.

Strategy 2 – Limit Architectural Requirements

The City of Madison enforces almost no specific architectural requirements for single-family homes or small multi-family buildings beyond basic building forms and typical building code requirements consistent with other municipalities in Wisconsin. The limited requirements for one- and two-family house design regard orientation of the front door and orientation and width of street-facing garages. The City of Madison does not review exterior materials or architectural style for permitted-use single- family and small multi-family buildings. As such, it cannot further reduce or streamline review in this regard.

Strategy 3 – Establish More By-Right Development

When the Madison Zoning Code was completely rewritten in 2012, it allowed a wider variety of development to occur in conventional zoning districts, but not much more “by-right” development. Nearly every mixed-use building or significant multi-family residential development approved before 2012 required a zoning change to Planned Development zoning, which was negotiated on a case-by-case basis and reviewed by the Urban Design Commission, Plan Commission, and approved by the Common Council. Under the new zoning code, a majority of such developments can be approved in conventional zoning districts, but “by-right” multi-family residential development is limited by thresholds such as height, number of dwelling units, or building size, that trigger conditional use approval by the Plan Commission. The zoning code has many thresholds for conditional uses, meaning that most development proposals involve discretionary review with opportunities for the Plan Commission to ensure that relevant standards are met and any appropriate conditions of approval placed on them. However, conditional use approval by the Plan Commission is a shorter and simpler process than a zoning change, which must also be approved by the Common Council.

By allowing more “by-right” development, it is possible time and direct costs (holding costs for land, costs for consultant time at meetings) and risks (uncertainty regarding timing of interest rates, construction costs, and whether and under what conditions a proposal will be approved) inherent to the approval process could be reduced. However, by-right development may create adverse impacts on sensitive neighborhoods and populations, potentially impacting existing affordable housing, as it would occur absent input by residents, neighborhood associations, City staff, and the Plan Commission.

Single-family homes are permitted by-right in most situations, though new plats creating lots for single- family houses must be approved by the Common Council in accordance with State statute.

A specific type of housing development that could be targeted for additional by-right construction is the “missing middle.” Missing middle housing is a range of housing types scaled between single-family detached houses and larger apartment buildings, and includes duplexes, triplexes, four-units, attached rowhouses, and cottage clusters. Missing middle housing can be compatible in scale with most single- family residential areas, and can help meet ever-growing demand.

The City of Madison Plan Commission is scheduled to review modifications to the Zoning Code in 2020, and may consider some of the suggestions of this strategy. Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to establish more “by-right” development to reduce the time and costs necessary to approve and develop new residential subdivisions:

    • Adjust thresholds (number of dwelling units, building size, height, etc.) between permitted and conditional uses.
    • Adjust the requirement for Plan Commission approval of the demolition of all existing buildings.
    • Explore making the demolition of single-family houses to build a new single-family house or another permitted use a staff-level site plan approval.
    • Adjust the zoning code as necessary to maximize potential for permitted context-sensitive density increases in residential and mixed-use districts by right by supporting “missing middle” housing types.
    • Explore modification to City ordinance to eliminate the conditional use requirement for small (two- to four-unit) multi-family structures within close proximity of one another.
    • Explore additions to the zoning code, such as maximum height maps to increase predictability and better ensure protection of the public interest.

Strategy 4 – Streamline Permitting Processes

By streamlining permitting processes and shortening timelines, the direct costs and risks of the approval process for development that requires discretionary review could be reduced, resulting in a faster and less expensive pathway for residential development. Without accounting for initial due diligence and planning by developers prior to approaching the City or the time it takes to actually construct a building, there are essentially three stages to the land use approval process: pre-application, formal review, and post-approval/permitting. These three stages can vary between 4 and 18 months for larger developments – a timeline heavily dependent on project complexity, the types of approvals sought, and the development team involved. The first two stages of the land use approval process apply only to proposals involving discretionary approvals. “By-right” development, which includes nearly all single- family homes, involves only the third stage—a much shorter process. An expansion of “by-right” residential development would shorten the approval process for some developments.

Pre-Application – The pre-application stage requires written notice to the area Alder and any registered neighborhood or business association (unless waived by the Alder) 30 days prior to formal application, and usually involves one or more meetings with staff and neighborhood groups for input as the proposal evolves to a detailed submittal to the City. Meetings with neighborhood groups are not required, but are expected by many Madison residents and Alders for larger developments. Developments that go through this process are more likely to be approved than those that forego this process. The timeline for the pre-application stage can vary from a few weeks to several months based on project scale and complexity, level of interest by neighbors, expectations and procedures of a particular Alder or neighborhood association, the developer’s urgency, and the design stage at which stakeholders are approached.

Formal Review –The length of the formal review process for land use approvals (rezoning, conditional uses, demolition, and land divisions) is already optimized for the need to provide statute-required public notices, review by City agencies, preparation of staff reports for commissions, and distribution of reports to commissioners and applicants. Depending on the type of approvals requested, most proposals are reviewed within 6-11 weeks of the formal submittal. Proposals inconsistent with adopted plans, those missing important information, or those changed significantly by the applicant after submittal likely involve longer formal review processes, but these delays are caused by and controllable by the applicant. Land Use Application materials have very recently been updated to include more specific instructions for applicants to minimize changes and missing information that result in delays and extra costs during the formal review process.

Applications for conditional uses and demolition permits are the most common discretionary approvals, accounting for nearly 60% of all applications reviewed in 2018. The median review time for these approvals was 47 days: only five percent of these reviews took more than 61 days from submittal to Plan Commission approval. Other review types took more time, with preliminary plats usually taking the most time, a median time of 101 days. Table 15 shows the typical review period for the most common types of review.

  • 47 days – Conditional Use or Demolition Permit (no UDC)- Plan Commission only
  • 61 days – Conditional Use or Demolition Permit (w/ UDC)- Plan Commission only
  • 74 days – Zoning Map Amendment – Council
  • 61 days – Certified Survey Map – Council
  • 101 days – Preliminary Plat (separate) – Council
  • 59 days – Final Plat (separate) – Council
  • 69 days -Preliminary & Final Plat (together) – Council

Post-Approval/ Permitting – Following any discretionary land use approvals, the procedure to obtain building permits is essentially the same as that for “by-right” permitted uses. The variation in timelines for this third stage is dictated by development teams: it can vary greatly based on the amount of work still to be done by the development team and the level of diligence to address all ordinance requirements and conditions of approval. Often, developers try to minimize risk up front by obtaining formal land use approvals before purchasing property, securing financing, and/or investing in final design and engineering work. These items can take weeks or even several months to accomplish before final materials are submitted for administrative review.

City of Madison development review planning staff are currently investigating best practices from peer and surrounding communities to better address some of these issues. Additional best practices strategies may be added to this list or explored by the City at a later date.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Explore expanding the list of “by-right” developments (as discussed above).
  • Work with Alderpersons to establish clear policies for neighborhood meetings.
  • Continue to abide by statutorily-mandated CSM and Plat review timelines.
  • Review the length of the discretionary review pre-notification period.
  • Continue to further clarify the requirements of application materials.
  • Encourage pre-application and application submittal meetings between developers/applicantsand City staff to avoid delays further along in the review process.
  • Encourage post-approval meetings with development teams to clarify the steps between approval and the issuance of permits.

 

Strategy 5 – Convert to Electronic Plan Review

Most of the materials use in discretionary land use reviews by the City, as well as for many permits are required to be submitted in paper form, often requiring many copies. Going paperless and converting to all-electronic application and permitting processes would reduce printing and copying costs for applicants and allow instantaneous distribution of plans to necessary parties. Electronic review would also provide more time for reviewers, more timely comments, better ability to respond to applicants, and fewer and shorter delays. However, removing the option for paper applications and review may inhibit some applicants without access to the necessary software or applicants resistant to non-paper options.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

    • Explore options related to converting application, review, and permitting activities from paper to electronic.

Strategy 6 – Eliminate of Minimize Off-Street Parking Requirements

Parking can be a major cost of development. Design and building costs for structured parking can easily exceed $20,000 per parking stall, and underground parking can cost up to 50% more. Surface parking typically costs about $3,000 per parking stall to design and build, but has much higher land costs per stall than structure parking. While parking is an expensive aspect of mixed-use and multi-family development, flexible mechanisms in the Madison’s zoning code reduce the impacts of off-street parking requirements on redevelopment. Of note, parking requirements have been eliminated for many development types in most commercial and mixed-use zoning districts, and the code allows developers to seek reductions to parking requirements where they do exist. However, the market has more influence on parking ratios than City of Madison code requirements. With the exception of a few downtown and UW Campus-area developments and some affordable housing developments with low parking ratios, it is currently typical for developers to propose a minimum of at least one parking stall per dwelling unit, and they often propose much more. Parking is also commonly a primary interest of neighbors, neighborhood groups, and nearby businesses due to real or perceived impacts that inadequate parking may have on public streets.

The City of Madison zoning code includes a Transit-Oriented Development Overlay District, a special district that reduces or eliminates off-street parking requirements altogether in areas well served by transit. This district has not yet been applied to any locations, but it may be applied as the City’s proposed Bus Rapid Transit system is established.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Further reduce or eliminate parking requirements for multi-family residential development, and allow the market more control over the off-street parking provided in each development.
  • Consider lowering the maximum parking ratio for multi-family residential development.
  • Consider prohibiting parking (whether surface parking or all parking) in certain central areas for certain project types.
  • Utilize the Transit-Oriented Development Overlay District, as a way to eliminate off-street parking requirements altogether in areas well served by transit. 

Strategy 7 – Enact High-Density and Multi-Family Zoning

Madison has a variety of zoning districts that allow for high-density residential development, which enables the production of more affordable housing through economies of scale and more efficient use of land. Currently, much of the new multi-family residential development (and a great deal of all housing citywide) is proposed, approved, and constructed Downtown or in mixed-use zoning districts, where there are few, if any, formal maximum densities in the zoning code. Most mixed-use districts allow purely residential buildings on only a very limited basis and at relatively low densities, but allow greater densities with the inclusion of commercial space, so there is a very strong incentive or requirement for a commercial first floor. Downtown, maximum height limits serve to indirectly limit density (heights are restricted within one mile of the State Capitol to preserve the Capitol view throughout the City). Outside of Downtown, all purely residential zoning districts and mixed-use districts allowing purely residential buildings include direct density limitations in the form of a minimum lot area per dwelling unit. Usable open space requirements also indirectly impact the allowable density. Additionally, recommendations in adopted plans often also recommend densities lower than what may be mathematically possible within a zoning district. Madison’s updated Comprehensive Plan has increased the residential density ranges on the Future Land Use Map based on trends in recently approved development.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Increase the allowable density for purely residential buildings in mixed-use zoning districts.
  • Increase the allowable residential density for small multi-family buildings in residential districts.
  • Create a new high-intensity district that would allow for high-density residential or mixed-use buildings for application outside of the Downtown area.
  • Explore alterations of usable open space requirements, or provide case-by-case consideration of usable open space when projects require discretionary review, to be reviewed relative to factorssuch as unit mix, proximity to public open spaces, and quality of open space design.
  • Explore the more widespread replacement of density maximums with building height maximums.
  • Adjust zoning regulations to maximize the potential for context-sensitive density increases.
  • Explore zoning and density planning through a public engagement processes within aldermanic districts to select specific areas or parcels for upzoning and promotion for higher-density development.
  • Proactively rezone areas to be consistent with neighborhood plans, neighborhood development plans, and special area plans.

Strategy 8 – Permit Accessory Dwelling Units

Accessory dwelling units (ADUs), sometimes called a “granny flat” or “mother-in-law suite” provide affordable housing while having the potential to generate income for the homeowner. Since 2013, ADUs have been allowable as a conditional use on all properties in Madison with a single-family home, with the stipulation that the property owner must live on-site in either dwelling. The allowance of ADUs “by- right” could be explored, but this may not result in a significant increase of ADUs in the foreseeable future due to the high cost of construction of these units (which are more akin to constructing an entirely new dwelling unit than remodeling a room) and the difficulty of securing financing.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Develop pre-approved “off-the-shelf” ADU building plans that reduce design costs and uncertainty.
  • Review and adjust zoning ordinance to allow interior ADU (e.g. basement or attic) conversion by right in all residential districts.
  • Review and adjust zoning ordinance to allow detached ADU types as a permitted use in some residential districts.

Strategy 9 – Financial Assistance

The City of Madison has used Tax Incremental Financing (TIF) to help catalyze a variety of (re)development, including as a tool to actively encourage affordable housing development. The current City of Madison TIF policy takes housing affordability into account when calculating the level of potential financial assistance. More directly, the City of Madison Affordable Housing Fund was established to direct funds from general obligation debt and closing TIF districts towards housing developments seeking WHEDA Section 42 tax credits and making a long-term commitment to retain certain income restrictions on a high proportion of units.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison.

  • Reconfigure application of Tax Incremental Financing to actively encourage and support affordable housing development.
  • Continue to plan for Tax Incremental Financing District closure to supply revenue to the City of Madison Affordable Housing Fund

Strategy 10 – Reduce Fees for Low-Cost Housing

Madison could explore opportunities to expand the types of housing that qualify as “low cost housing” and that are exempted from certain impact fees under Wis. Stat. § 66.0617(7) and MGO Sec. 20.08, or expand the types of fees that are eligible for this exemption. A low-cost housing exemption from park impact fees has already been established for housing units with a 30-year income restriction for families at 60% of the area median income. This has directly reduced the per-unit costs of developing these units.

Similarly, because state, county, and local sales taxes add to the cost of building materials, exempting building materials for workforce housing from sales taxes would lower the construction costs for such housing. This would require working in concert with other levels of government—particularly the State of Wisconsin.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Explore opportunities to reduce the development costs of low-cost housing, similar to the existing low-cost housing exemption from park impact fees.

Strategy 11 – Enhance Housing Committees

Madison currently has several housing-related committees, including the Housing Strategy Committee, the Community Development Authority (and the CDA Housing Operations Subcommittee), and the Landlord and Tenant Issues Committee, to review issues of affordable housing supply and demand and recommend additional policies or strategies for housing development. Staff from several agencies involved in affordable housing also serve on a Housing Staff Team. These committees can work to more strategically allocate resources and work to enhance opportunities for the creation of affordable housing in Madison. In addition, Dane County also has committees and staff engaged in similar housing policy reviews.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Coordinate the activities of City and County housing-related committees to maximize effectiveness and eliminate redundancies.

Strategy 12 – Land Banking

Land banking is a strategy to acquire, hold, manage, and develop properties such as vacant lots, abandoned buildings, or foreclosures, and transition them to productive uses, including affordable housing development. The City or a related authority could buy and hold land, selling it to developers via a request for proposal for residential development. Land banking has been used successfully by the City to encourage redevelopment of the Capitol East District and other areas, and gives the City the ability to require the inclusion of affordable housing options in development.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Establish and fund a City-run land-banking program to hold and distribute land for affordable housing development
  • Explore establishing landbanking partnerships with other government entities and non- government organization partners to encourage additional affordable housing development.

Strategy 13 – Other Public Funding Strategies

Municipal financial tools to encourage affordable housing development are often limited, and often amount to efforts to provide “gap” funding or special project funding in order to leverage and secure additional investments from county sources (CDBG/HOME), housing authorities (CDA), state sources (WHEDA), and national or federal sources (Fannie Mae, Freddie Mac, Federal Home Loan Bank, HUD, etc.).

Madison utilizes general purpose revenues and general obligation debt to fund affordable housing programs and projects, particularly the Affordable Housing Fund, used to directly assist affordable housing projects to leverage tax credits and other funding mechanisms. While the use of general revenues and debt allows flexibility and creativity, affordable housing must compete with many other needs for limited funding.

Municipal funds can and have been used for providing low-interest or no-interest loans to affordable housing developers, low-interest or no-interest loans to non-profits for land acquisition and remediation costs, infrastructure and site remediation costs (intersections, water/sewer, etc.), down-payment assistance programs, gap financing for (low income housing tax credit projects, on-site supportive social or health services, job training assistance, and direct rental subsidies. Statewide resources for Down Payment Assistance Programs (DPAP) through WHEDA and the Federal Home Loan Bank of Chicago (FHLBC) are available and Madison could use its programs to leverage and maximize these sources.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Provide low- or no-interest loans to non-profit affordable housing developers for various development costs.
  • Fund a down payment assistance program to improve access to affordable owner-occupied housing.
  • Create a first-time homebuyer savings account program to improve access to affordable owner- occupied housing.

Strategy 14 – Pursue the Repeal of State Law Pre-emptions Limiting the City’s Ability to Provide Affordable Housing

In analyzing methods for Madison to make housing development more affordable, and housing access easier and more affordable to residents, it must be acknowledged that the City of Madison’s ability to influence housing affordability is limited due to State law limitations and preemptions. As a City, Madison continues to directly support affordable housing through subsidization. While critical, this effort can only impact a fraction of households and new residential units. The City of Madison could advocate for increased local control of housing policies including the repeal of specific preemption of municipal authority (such as the existing prohibitions of rent control and inclusionary zoning).

Requiring a percentage of housing units in a development be reserved as “affordable” units would ensure a supply of affordable housing opportunities spread throughout the community. The City of Madison’s Inclusionary Zoning Ordinance was in effect from 2006 to 2009, when it was eliminated as the courts deemed it a form of rent control, which is prohibited by Wisconsin statute. The City of Madison is currently limited to incentivizing affordable housing rather than requiring it.

Ordinances could be created to allow for greater heights, densities, or general development intensities when affordable housing is included in a proposal could generate additional affordable housing opportunities. However, Wisconsin statutes prohibit the use of density bonuses for affordable housing or for zoning decisions made based on the condition that residential units remain affordable, as the State sees it as a form of rent control.

Upon further consideration by the Plan Commission, Common Council, and other stakeholders, strategies and actions such as the following could be further considered by the City of Madison to reduce the time and costs necessary to approve and develop new residential subdivisions:

  • Word with other municipalities, developers, State legislators and the Governor to eliminate certain municipal preemption statutes that restrict the City’s authority to require or incentivize affordable housing so that the City may:
    • Re-enact inclusionary zoning to promote development of affordable housing.
    • Provide density bonuses for affordable housing.

Conclusion

This section has suggested over 40 methods in 14 topic areas in which the City of Madison can address the requirements of the statute regarding the time and cost necessary to approve and develop new residential subdivisions and housing. There is not a single specific strategy or action that can be guaranteed to account for a 20 percent time and cost reduction, but a combination of methods discussed herein account for such a reduction. Certain factors, such as the City of Madison’s small minimum lot area compared to surrounding municipalities, limited architectural requirements, adjustment of conditional use thresholds, conversion to electronic plan review, and land banking could, together, have an outsized impact on the cost and time required to develop housing in Madison. Based on all the factors above, the City of Madison could, by making some of these changes, meet existing and forecasted housing demand and reduce the time and costs necessary to approve and develop new residential subdivisions and housing.

 

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