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HomeMy WebLinkAboutSTAFF REPORT CITY OF COLLEGE STATION ‘j DEVELOPMENT SERVICES 1 101 Texas Avenue South, PO Box 9960 COLLEGE STATION College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM February 24, 2004 TO: Planning & Zoning Commission FROM: Natalie Thomas Ruiz, Development Manager SUBJECT: UDO Amendment— Zero lot line construction. Item: Public hearing, discussion, and possible action regarding an amendment to Article 8, Subdivision Design & Improvements and Article 11, Terms of the City's Unified Development Ordinance (UDO) Purpose: The purpose of the ordinance amendment is to align the requirements of zero lot line construction between the City's UDO and the International Residential Code (IRC). As currently written, the ordinances contradict each other. Recommendation: Staff recommends approval of the amendment. Background: Zero lot line construction is where houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater useable yard space on each lot. As currently written, the UDO provides for zero lot line development and allows for an 18" overhang onto the adjacent property with the dedication of a maintenance easement. The City has allowed zero lot line construction by right in single - family residential zoning districts. However, with the recent adoption of the International Residential Code (IRC) and the UDO, there are discrepancies in the overall requirements. The IRC prohibits encroachments over the property line. The UDO allows encroachments over the property line with the dedication of a maintenance easement. This contradiction was recently discovered in working with a local developer. As a result, we have worked closely with the development community, the Construction Standards Board and the Fire Marshal to draft language that clarifies the requirements for zero lot line construction and allows encroachments over the property line. The amendment to the IRC has been discussed with the Construction Standards Board and will go back to them on March 8 for a recommendation to the City Council. Council is scheduled to consider both amendments on March 25th EXHIBIT "B" That Article 8.2, Zero Lot Line Construction and Article 11.2, Definitions, of Chapter 12, "Unified Development Ordinance ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: Article 8, Subdivision Design & Improvements { Formatted: Bullets and Numbering 8.2 Zero Lot Line Construction The following requirements apply to all single - family residential development. A. Description A zero lot line development is where houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater usable yard space on each lot. These developments require that planning for all of the house locations be done at the same time. Zero lot line developments are allowed by right. Review for compliance with the standards of this Section shall occur during the subdivision platting process. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. Proof of such recordation must be submitted as part of the building permit application. B. Setbacks The side building setback hall be ,zero on one side of the house. This reduction Deleted: setback may does not apply to the street side setback or to the interior side setback adjacent - ` Deleted: reduced to to lots that are not part of the zero lot line project., The minimum distance Deleted: The reduced setback between all buildings in the development must be fifteen feet. may be located anywhere between the lot line and the C. Additional Standards minimum setback required for 1. Eaves the district. aves prlay project a maximum of 18 inches, excluding non - combustible -{ Deleted: The e gutters, over the adjacent property line., Non - combustible construction is Deleted: on the side of a house defined in Chapter Two of the International Residential Code. with a reduced setback 2. Maintenance Easement Deleted: In this case, an easement for the eave projection A maintenance ,easement shall be dedicated between the two property must be recorded on the plat owners to allow for maintenance or repair of the house built on the lot and deed for the lot where the line, The easement shall be located on the adjacent property abutting the • Projection occurs. side wall and must be a minimum of seven and one -half feet in width,. Deli: n Required maintenance easements shall be shown on the recorded plat. Deleted: is required when the eaves or side wall of the house 3. Privacy are within four feet of the Windows or other openings that allow for visibility into the side yard of the adjacent property line. adjacent lot are not allowed. Windows that do not allow visibility into the Deleted: provide at least five feet side yard of the adjacent lot, such as a clerestory window or a translucent of unobstructed space between window, are allowed. All materials within three feet of the property line the furthermost projection of the structure and the edge of the shall be fire - rated to meet building code requirements. easement (Deleted: These easements must Deleted: If the sidewall of the house is on the property line, or within three feet of the property line, w Article 11.2 Defined Terms Easement, Maintenance; A private easement that is dedicated by plat specifically for zero . Deleted: /Fire Protection lot line construction in a single - family residential development. Maintenance, - -- Deleted: /fire protection easements shall be a minimum of 7.S. in width. Deleted : 9 Natalie Ruiz - Ordinance Cover Page.DOC Page 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, `BUILDING REGULATIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 3, `Building Regulations ", and Chapter 12, "Unified Development Ordinance" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A" and `B ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two - Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of , 2004. APPROVED: RON SILVIA, Mayor ATTEST: Connie Hooks, City Secretary APPROVED: City Attorney O /group /legal /ordinance /a m en d m en tjo rm. d o c Natalie Ruiz - Ordinance - IRC Portion.DOC Page 1 1 EXHIBIT "A" That Chapter 3, "Building Regulations ", Appendix 1 B, "Amendments to International Residential Code ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: "30. Section R302.1 Exterior walls, shall be amended to read as follows: 1. R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet shall have not less than a one hour fire - resistive rating with exposure from both sides. Projections beyond the exterior wall are allowed on zero lot line construction. Projections shall have non - combustible construction on the underside and may project a maximum of 18 inches, excluding non - combustible gutters, over the adjacent property line. Combustible construction, with the exception of a wood fence, or the storage of combustible material is prohibited within the maintenance easement as required in the City's Unified Development Ordinance (UDO). The term "maintenance easement" is defined in Article 11 of the UDO. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line." O/ group /legal /ordinance /amendmentform.doc Natalie Ruiz - Ordinance - UDO Portion.doc Page 1 EXHIBIT "B" That Article 8.2, Zero Lot Line Construction and Article 11.2, Definitions, of Chapter 12, "Unified Development Ordinance ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: Article 8, Subdivision Design & Improvements 8.2 Zero Lot Line Construction The following requirements apply to all single - family residential development. A. Description A zero lot line development is where houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater usable yard space on each lot. These developments require that planning for all of the house locations be done at the same time. Zero lot line developments are allowed by right. Review for compliance with the standards of this Section shall occur during the subdivision platting process. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. Proof of such recordation must be submitted as part of the building permit application. B. Setbacks The side building setback shall be zero on one side of the house. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not part of the zero lot line project. The minimum distance between all buildings in the development must be fifteen feet. C. Additional Standards 1. Eaves Eaves may project a maximum of 18 inches, excluding non - combustible gutters, over the adjacent property line. Non - combustible construction is defined in Chapter Two of the International Residential Code. 2. Maintenance Easement A maintenance easement shall be dedicated between the two property owners to allow for maintenance or repair of the house built on the lot line. The easement shall be located on the adjacent property abutting the side wall and must be a minimum of seven and one -half feet in width. Required maintenance easements shall be shown on the recorded plat. 3. Privacy Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three feet of the property line shall be fire -rated to meet building code requirements. 8.2 Natalie Ruiz - Ordinance - UDO Portion.doc Page 2 Article 11.2 Defined Terms Easement, Maintenance: A private easement that is dedicated by plat specifically for zero lot line construction in a single - family residential development. Maintenance easements shall be a minimum of 7.5' in width. EXHIBIT "B" That Article 8.2, Zero Lot Line Construction and Article 11.2, Definitions, of Chapter 12, "Unified Development Ordinance ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: Article 8, Subdivision Design & Improvements { Formatted: Bullets and Numbering 8.2 Zero Lot Line Construction The following requirements apply to all single - family residential development. A. Description A zero lot line development is where houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater usable yard space on each lot. These developments require that planning for all of the house locations be done at the same time. Zero lot line developments are allowed by right. Review for compliance with the standards of this Section shall occur during the subdivision platting process. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. Proof of such recordation must be submitted as part of the building permit application. B. Setbacks The side building setbackshall be,zero on one side of the house. This reduction _ Deleted: setback may does not apply to the street side setback or to the interior side setback adjacent - Deleted: reduced to to lots that are not part of the zero lot line project., The minimum distance - -- Deleted: The reduced setback between all buildings in the development must be fifteen feet. may be located anywhere between the lot line and the C. Additional Standards minimum setback required for 1. Eaves the district. Eves,rnay project a maximum of 18 inches,, excluding non - combustible _ - -- {Deleted: The e gutters, over the adjacent property line., Non - combustible -n is ---- Deleted: on the side of a house defined in Chapter Two of the International Residential Code. I with a reduced setback 2. Maintenance Easement _ /L Deleted: In this case, an `� Y)� easement for the eave projection A maintenance ,easement shall besle1icatecl between the two property must be recorded on the plat owners to allow for maintenance or repair of the house built on the lot and deed for the lot where the line The easement shall be located on the adjacent property a tin buto the _ projection occurs. side wall and must be a minimum of seven and one-half feet in width,. { Deleted: n Required maintenance easements shall ,be shown on the recorded plat. -- Deleted: is required when the eaves or side wall of the house 3. Privacy are within four feet of the , indows or other openings that allow for visibility into the side yard of the adjacent property line. adjacent lot are not allowed. Windows that do not allow visibility into the Deleted: provide at least eve feet side yard of the adjacent lot, such as a clerestory window or a translucent of unobstructed space between window are allowed. All materials within three feet of the property line the furthermost projection of the structure and the edge of the shall be fire -rated to meet building code requirements. easement Deleted: These easements must Deleted: If the sidewall of the house is on the property line, or within three feet of the property line, w • Article 11.2 Defined Terms Easement, Maintenance,: A private easement that is dedicated by plat specifically for zero -- { Deleted: /Fire Protection lot line construction in a single - family residential development. Maintenance, - { Deleted: /fire protection easements shall be a minimum of 7.5; in width. -- Deleted: 9 EXHIBIT "B" That Article 8.2, Zero Lot Line Construction and Article 11.2, , "Unified Development Ordinance ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, -&ne rner,t nizabac -as set out hereafter: Article 8, Subdivision Design & Improvements - Formatted: Bullets and Numbering 8.2 Zero Lot Line Construction The following requirements apply to all single - family residential development. A. Description A zero lot line development is where houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater usable yard space on each lot. These developments require that planning for all of the house locations be done at the same time. Zero lot line developments are allowed by right. Review for compliance with the standards of this Section shall occur during the subdivision platting process. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. Proof of such recordation must be submitted as part of the building permit application. B. Setbacks The side building setbackshall be,zero on one side of the house. This reduction -- setback may does not apply to the street side setback or to the interior side setback adjacent Deleted: reduced to to lots that are not part of the zero lot line project., The minimum distance _- - - - - - - Deleted: The reduced setback between all buildings in the development must be fifteen feet. may be located anywhere between the lot line and the C. Additional Standards minimum setback required for 1. Eaves the district. ves a ro•ect a maximum of 18 inches,. excluclinq non- combustible { Deleted: The e Y p 1 gutters. over the adjacent property line., Non- eombystiMe pQnqru ion is Deleted: on the side of a house defined in Chapter Two of the International Residential Code. with a reduced setback { 2. Maintenance Easement Deleted: In this case, an easement for the eave projection A maintenance,easement shall be dedicated between the two property must be recorded on the plat owners to allow for maintenance or repair of the house built on the lot and deed for the lot where the cti line, The easement ;;hoII_IZe IQQ@ted on the adjacent property_abuttingthp oj Projection occurs. pre side wall and must be a minimum of seven and one -half feet in width,. Deleted: n Required maintenance easements shall,be shown on the recorded plat. Deleted: Is required when the • eaves or side wall of the house 3. Privacy are within four feet of the IUindows or other openings that allow for visibility into the side yard of th ‘, adjacent property line. adjacent lot are not allowed. Windows that do not allow visibility into the Deleted: provide at least five feet side yard of the adjacent lot, such as a clerestory window or a translucent of unobstructed space between window, are allowed. All materials within three feet of the property line the furthermost project of the shall be fire -rated to meet building code requirements. e and the edge of f the •� easement Deleted: These easements must Deleted: If the sidewall of the house Is on the property line, or within three feet of the property ( 1 1 J L ) line, w _ 4 (,,Z y /1 , /(54O--, - /I , t 41 '11 idre \VIII / f��J. 1 r I/� / �Q � -��e C s V \. V Gt/V�- -�iil7 Article 11.2 Defined Terms Easement, Maintenance,: A private easement that is dedicated by plat specifically for zero �l /Fire Protection lot line construction in a single - family residential development. Maintenance, ____ - -- Deleted: /fire protection easements shall be a minimum of 7' in width. Deleted: EXHIBIT "B" That Article 8.2, Zero Lot Line Construction and Article 11.2, Definitions, of Chapter 12, "Unified Development Ordinance ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: Article 8, Subdivision Design & Improvements - { Formatted: Bullets and Numbering 8.2 Zero Lot Line Construction The following requirements apply to all single - family residential development. I A. Description (Deleted: Ss k t ay A zero lot line development is where houses in a development on a common ; ; ,� Deleted: reduced to street frontage are shifted or offset to one side of their lot. This provides for ,{ Formatted: Highlight greater usable yard space on each lot. These developments require that planning for all of the house locations be done at the same time. Zero lot line Deleted: The reduced setback developments are allowed by right. Review for compliance with the standards -- r may be located lot line and the ted anywhere develo P P between the of this Section shall occur during the subdivision platting process. Restrictions minimum setback required for that assure the minimum distance between houses and any required easements the district. must be recorded on the plats of the applicable lots. Proof of such recordation Formatted: Body Indent a, Indent: must be submitted as part of the building permit application. / Left: 1.25", First line: 0 ", Space ,'' Before: 0 pt B. Setbacks ; ,_Deleted: The e 1 The side building setback j be,zero on one side of the house. This reduction J Deleted: on the side of a house does not apply to the street side setback or to the interior side setback adjacent ; with a reduced setback to lots that are not part of the zero lot line project., The minimum distance between all buildings in the development must be fifteen feet. Deleted: In thi - e case, an easement ent for the save projection C. Additional Standards must be recorded on the plat and deed for the lot where the 1. Eaves ,',: , projection occurs. Elves jnay project a maximum of 18 inches, excluding non - combustible «I Deleted: Non - combustible gutters, over the adjacent property line., ,, construction is defined in Chapter Two of the International 2. fvtaintenance Easement ,' Residential Code.¶ A maintenance,easement shall be dedicated between the two property inserted: Non - combustible owners to allow for maintenance or repair of the house built on the lot construction is defined in line, The easement shall be located on the adjacent property abutting the chapter Two of the International side wall and must be a minimum of seven and one -half feet in width, Res Code. Reauired maintenance easements shall „be shown on the recorded plat. ( Inserted: 1 { Deleted: n 2. Privacy endows or other openings that allow for visibility into the side a nd of the ` ,, eays Deleted: is required wal of when the �� tY � yard eaves or side wall of the house adjacent lot are not allowed. Windows that do not allow visibility into the are within four feet of the side yard of the adjacent lot, such as a clerestory window or a translucent adjacent property line. window, are allowed. All materials within three feet of the property line Deleted: provide at least five feet shall be fire -rated to meet building code requirements. , of unobstructed space between the furthermost projection of the structure and the edge of the ', easement ',',rDeleted: These easements must Formatted: Bullets and Numbering Deleted: If the sidewall of the house is on the property line, or within three feet of the property line, w Article 11.2 Defined Terms Easement, Maintenance,: A private easement that is dedicated by plat specifically for zero - --{ Deleted: /Fire Protection 1 lot line construction in a single - family residential development to allow for maintenance or repair of the house. Maintenance,easements shall be a minimum of {Deleted: /fire protection 7.5; in width., - - {Deleted: 9 1 Non - combustible construction: is as defined in Chapter Two of the 2000 International Residential • { 1 Code as adopted and amended by the City of College Station City Council. Formatted: Defined term, Indent: Left: 0 ", Space Before: 3 pt EXHIBIT "A" That Chapter 3, "Building Regulations ", Appendix 1 B, "Amendments to International Residential Code ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding amendment number 30, as set out hereafter: "30. Section R302.1 Exterior walls, shall be amended to read as follows: 1. R302.1 Exterior walls. Exterior walls with a fire separation distance less than - ---- Formatted: Bullets and Numbering feet shall have not less than a one hour fire- resistive rating with exposure from both sides.. Deleted: Projections shall not extend beyond the distance determined by the following wo methods, whichever results Projections beyond the'e`cterior wall are allowed on Leto lot line construction„ Projections in the ¶ lesser shall have Xion_conlhusstihle _construction on the underside and may project up to a <q >A point one-third the distance to the maximum of 18 Inches. exclttdlnL non - combustible gutters over the id'acent roperty property line from an assumed vertical plane located where protected openings 7 are required. 11 ( 41 ii7A■tayt� ' More than 12 inches into areas where C.onlhustlble cQyi rtfctlon, excluding a wood fence:, or the storage of combustible material openings are prohibited. is prohibited within the d i i maintenance easement as required the City's t nifie�j into the fire — Deleted: extending Ordinance 1.00 The term "maintenance easement is darned in �— gin ! ` separation distance \ 1 i Deleted: not less than one -hour fire- Article of the l'C)n,. - _The above provisions shall not apply to walls which are resistive perpendicular to the line used to determine the fire separation distance. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line." O/ group /legal /ordinance /amendmentform. doc o(- 3� ZERO LOT LINE The purpose of the ordinance amendment before you tonight is to align the requirements of zero lot line construction between the City's UDO and the International Residential Code (IRC). As currently te a✓ written, the ordinances contradict each other. ()&' L r I To give you some background, zero line construction'is where 0 houses in a development on a common street frontage are shifted or offset to one side of their lot. This provides for greater useable yard space on each lot. As currently written, the UDO allows for a variable side yard setback as long as you maintain 15' between buildings. The UDO also provides for zero lot line development and allows for an 18" overhang onto the adjacent property with the dedication of a maintenance easement. The IRC prohibits encroachments over the property line. : - :: recent y discovere• in wor ing wi a o - , levelopei- In addition, strict compliance with the IRC on a traditional home with an 18" overhang creates a strip of property that cannot be maintained. The amendment to the UDO prescribes a side setback of either 0' or 7.5' and allows an overhang of 18 ". The amendment to the IRC has been discussed with the Construction Standards Board and will go back to them on March 8 for a recommendation to the City Council. I recommend approval of the amendment.