Madison's West Side is taking steps to protect homeowners' properties after the city's draft West Plan recommended aggressive rezoning of the property.
The majority of the residents of highland districtabout 100 houses Neighborhood Association President Andrew Bent said residents south of Old Middleton Road were shocked by the zoning changes when they first saw the West Area Plan.
They now have their own conservation covenants in place to prevent potential changes in neighborhood density.
The West Area Plan outlines specific physical improvements over the next 10 years to land between Midvale Boulevard and the Beltline and recommends aggressive rezoning of the entire Highlands from TR-R. are doing(traditional housing – rustic) to SR-C1 (Suburban residential area 1).
The change is to “allow for smaller lot sizes and uses consistent with the surrounding neighborhoods and several existing small lot zonings in the Highland District.” The draft says:.
The end result could be an additional 200 to 300 homes in the neighborhood. If the recommendation remains in draft form, the plan will be adopted and property owners will choose to increase density further in the future.
There are several steps between changing the zoning and building this much new housing. But that threat alone was enough to spur residents into action.
“The city was actively threatening to eliminate city zoning. This is a really unfortunate reversal of what the city did very wisely and very ambitiously decades ago,” Bent said. he said. “The landowner's philosophy was that this is a historic district and open space, and if you lose it, it's gone forever. You can never get it back. We want to preserve this beautiful open space. I just want to.”
TR-R is a unique type of zoning that is no longer as prevalent across Madison as it was a century ago. “Established to stabilize and protect the natural beauty, historic character, and park-like environment of certain wooded, low-density residential areas.” Madison Zoning Code Status. “This district is also intended to promote the preservation of historic buildings, tree cover, and landscape planning in the neighborhood. This district is not intended for use in new development.”
However, the Highlands area is the only area in Madison still zoned TR-R, and under the city's current rules, no other area can be zoned that way again. To preserve that rare status, More than 70% of real estate owners Dan O'Callaghan, an attorney representing the group, said Highlands has a bylaw in place to “protect the historic character of the neighborhood.”
“The overwhelming majority of property owners here oppose forced aggressive zoning that would eliminate TR-R. We believe this is the kind of environment we want to live in,” said association president Brent.
Conservation Covenants and Aggressive Zoning Changes
Protection terms It stipulates the minimum size of houses allowed on the site, how many houses can be built on it, and what types of construction are allowed.They are These are recorded in the Dane County Deed Office's official real estate records and will be binding on future owners.
“The Highland Conservation Covenant acts as an agreement between neighboring countries. Each owner who signed the terms did so voluntarily. They voluntarily agreed to impose certain restrictions on their property that replicated the protections of TR-R zoning. ” Mr O'Callaghan told the Cap Times.
“Even if current (or future) city leaders decide to eliminate TR-R zoning, neighbors are assured that these protections will be maintained. It was a voluntary, grassroots effort to come together and leave something special for future generations.”
City officials say the idea of the Western District Plan is to simplify land-use planning in Madison and make it more equitable, especially as more people move into the city, but the draft version heated discussionCurrent homeowners are concerned about government overreach and new development as the city seeks to make room for future Madison residents.
Madison is projected to gain 110,000 new residents and grow 40% by 2050. Zoning is one of the few resources local governments have to influence the availability and cost of housing, according to a report by the Wisconsin Policy Forum, a nonprofit research organization.
West district plan Specifically, they are calling for aggressive zoning changes in five locations.It includes recommendations to increase housing density in areas that are currently primarily populated by single-family homes and to add mixed-use development along busy transit corridors.
Ben Zellers, city planner for the west side project, said aggressive zoning allows for more flexibility for those looking to redevelop. Actual changes must start with the property owner, and no redevelopment can take place without the owner's consent. An application and review process by city staff then follows before submission to decision-making bodies such as the Planning Commission and City Council.
In the Highlands, aggressive rezoning allows large lots in a neighborhood to be divided into smaller lots, depending on the owner's wishes. The minimum lot size for TR-R is 26,000 square feet, while the minimum lot size for SR-C1 is 8,000 square feet.
TR-R requires property owners to dedicate more space to their actual land. Buildings can only cover 15% of the site. In SR-C1, buildings can occupy up to 50% of the site.
“It just overwhelms the whole neighborhood,” said Terry Kelly, a longtime Highland resident. “While I applaud cities for addressing these growing density issues and support solutions and am happy to be a part of that, they are also You also have to think about the problems that we already have in some parts. And they really weren't interested in listening.”
SR-C1 zoning allows current or future homeowners to decide to divide the lot and sell it as smaller lots. The conventions prevent that from happening.
The Code does not supersede local zoning laws. Instead, O'Callaghan explained that in a series of private contracts he reiterated the basic principles of TR-R zoning, which will serve as an additional layer of protection.
Zellers, who helped draft the Western Regional Plan, said Highland's bylaws won't change much for the city going forward.
“Having a bylaw doesn't affect our planning process in any way. For people who want to limit the use of their property in the future, a bylaw is certainly something they can do,” Zeller said. “Property owners are free to further restrict their properties through covenants, beyond city regulations. … It does not necessarily supersede zoning.”
Zellers said the adoption of the Western Regional Plan in and of itself does not mean zoning changes will be implemented immediately. Plan recommendations still need to be approved and implemented. City Standard Zoning Procedures.
Planners say the Western Area Plan is still in draft form and the city is evaluating feedback from residents. Zellers said progress updates will be provided “in the coming weeks regarding next steps.”
“Original environment-friendly area”
Until the 1960s, neighbors Covenants restricting race A property deed that prevents non-white people from owning, purchasing, or occupying real property.
Mr Kelly said the purpose of Highland's code was to preserve, not restrict.
“We are not people of any creed, any religion, any profession, any skin color, who would not prefer to build a home here or live in this neighborhood. We value that diversity, and I think our city needs that,” Kelly said. “We know there are concerns that Madison will not be able to accommodate all of its potential new residents over the next 30 to 50 years, and we need a solution. It’s also important not to just sit on top of things.”
This is not a new battle for the region, or even for some of its residents.
In the late 1980s, homeowners were concerned that the area was losing its historic character to overdevelopment.
The first plan for the area was drawn up by a landscape architect in 1911. OC Simmonswho designed the Highlands with its large grounds, public parks, walking trails, trees, and winding streets.
“that It was a very different time in the life of our community. And that really explains why we took this action,” Kelly said. “The Highlands was a unique district in its own right when it was established with the idea that the district could survive and develop as a place of space, beauty and nature. It’s the region.”
In the 80's some people started dividing the original lot into smaller lots. In response, residents petitioned the City Council to enact a special zoning law for the area, specifically designed to protect its historic character, known as a “rustic residential area.” succeeded in.
“This was a true victory for historic preservation and demonstrated the power of public participation in local government.” Mr O'Callaghan said.
That history is exactly what Kelly had in mind when he signed the terms.
“I hope there's a way to tell this story from the perspective of our history and preservation, rather than just people wanting to stop and stop and stop,” Kelly said. “Because that's not true. We want to be part of finding solutions…but there's a very delicate balance.”
