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HomeMy WebLinkAbout2007-3029 - Ordinance - 12/13/2007ORDINANCE NO. 3029 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 3.2, "ZONING MAP AMENDMENT," SECTION 4.1, "ESTABLISHMENT OF DISTRICTS," SECTION 5.2, "RESIDENTIAL DIMENSIONAL STANDARDS," SECTION 7.1.1)(1), "REQUIRED YARDS, PURPOSE AND INTENT," AND SECTION 11.2, "DEFINED TERMS," AND ADDING SECTION 5.9, "SINGLE- FAMILY OVERLAY DISTRICTS," 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 12, "Unified Development Ordinance," Section 3.2, "Zoning Map Amendment," Section 4.1, "Establishment of Districts," Section 5.2, "Residential Dimensional Standards," Section 7.1.1)(1), "Required Yards, Purpose and Intent," and Section 11.2, "Defined Terms," and adding Section 5.9, "Single- family Overlay Districts," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", 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 provi- sions 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 ($2,000.00). 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 13'' day of December, 2007. APPROVED: MAYOR ATTEST: City Secretary APPROVED: A 'Vl�QTFY allthPnf(�Ity with QnnrnVC+ City Attorney ORDINANCE NO. 3029 Page 2 EXHIBIT "A" I. That Chapter 12, "Unified Development Ordinance," Section 3.2, "Zoning Map Amendment," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 3.2, "Zoning Map Amendment," to read as follows: 3.2 Zoning Map Amendment (Rezoning) Preapplication Conference A. Purpose i i To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular Application area or in the City generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Section 3.19, Comprehensive Plan Planning& lI Amendment. Zoning Commission B. Initiation of Amendments An amendment to the Official Zoning Map may be initiated by: 1. City Council on its own motion; Cit 2. The Planning and Zoning Commission; Council 3. The Administrator; or 4. The property owner(s). C. Amendment Application A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in Section 3.1.C, Application Forms and Fees. Application requests for a Planned Development District (PDD) and Planned Mixed -Use District (P -MUD) shall provide the following additional information: 1. A written statement of the purpose and intent of the proposed development; 2. A list and explanation of the potential land uses permitted; and 3. A concept plan as described in Section 3.4, Concept Plan Review (PDD and P -MUD Districts). Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide the following additional information: 1. An original plat of the subdivision; and 2. A petition including dated signatures by sixty percent (60 %) of current property owners in the neighborhood in support of the overlay; and 3. Contact information for all Neighborhood Association or Homeowners Association committee members. Application requests for a Neighborhood Conservation Overlay District (NCO) shall provide the following additional information: 1. An original plat of the subdivision; 2. A petition including dated signatures by sixty percent (60 %) of the property owners in the neighborhood in support of the overlay; 3. Contact information for all Neighborhood Association or Homeowners Association committee members; 4. A list of six (6) property owners in the neighborhood to serve on neighborhood stakeholder committee; and S. A checklist of the proposed items to be included in the Conservation Study. ORDINANCE NO. 3029 D. Approval Process 1. Preapplication Conference Page 3 Prior to the submission of an application for a Zoning Map Amendment, all potential applicants shall request a Preapplication Conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this LIDO. If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity or a request for an amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted by the applicant. 2. Neighborhood Meeting Prior to the submission of an application for a Zoning Map Amendment for a NPO or NCO Overlay Rezoning, all potential applicants shall request to set up a Neighborhood Meeting with City Staff. The purpose of the meeting is to present information about the proposed overlay and explain the process of rezoning to the neighborhood. 3. Review and Report by Administrator Once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. 4. Referral To Planning and Zoning Commission The Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. 5. Recommendation by Planning and Zoning Commission The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice. The Commission shall hold a public hearing and recommend to the City Council such action as the Commission deems proper. 6. City Council Action a. Notice The City Council shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice, and hold a public hearing before taking final action on a petition to amend the Official Zoning Map. b. Public Hearing The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Official Zoning Map. c. Effect of Protest to Proposed Amendment If a proposed change to this LIDO or rezoning is protested in accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three - fourths of all members of the City Council. The protest must be written and signed by the owners of at least 20 percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. ORDINANCE NO. 3029 Page 4 d. Review Criteria In determining whether to approve, approve with modifications, or disapprove the proposed Official Zoning Map amendment, the City Council shall consider the following matters regarding the proposed amendment: 1) Consistency with the Comprehensive Plan; 2) Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3) Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment; 4) Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; 5) Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and 6) Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use. E. Limitation on Reapplication If a petition for rezoning is denied by the City Council, another petition for reclassification of the same property or any portion thereof shall not be considered within a period of 180 days from the date of denial, unless the Planning and Zoning Commission finds that one of the following factors are applicable: 1. There is a substantial change in circumstances relevant to the issues and /or facts considered during review of the application that might reasonably affect the decision - making body's application of the relevant review standards to the development proposed in the application; 2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision - making body's application of the relevant review standards to the development proposed; 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4. The final decision on the application was based on a material mistake of fact F. Repeal of a Single - Family Overlay District A repeal of a single - family overlay district may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. By petition of sixty percent (60 %) of the property owner(s) in the subject district. A repeal of a single - family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein. II. ORDINANCE NO. 3029 Page 5 That Chapter 12, "Unified Development Ordinance," Section 4.1, "Establishment of Districts," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 4. 1, "Establishment of Districts," to read as follows: 4.1 Establishment of Districts For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO. Residential Zoning Districts • Agricultural-Open A -OR Rural Residential Subdivision R -1 Single - Family Residential R -16 Single- Family Residential R -2 Duplex Residential R -3 Townhouse R -4 Multi - Family R -6 High Density Multi - Family R -7 Manufactured Home Park Non-Residential Zoning Districts A -P Administrative / Professional C -1 General Commercial C -2 Commercial- Industrial C -3 Light Commercial M -1 Light Industrial M -2 Heavy Industrial C -U College and University R & D Research & Development P -MUD I Planned Mixed -Use District PDD Planned Development District WPC I Wolf Pen Creek Development Corridor NG -1 Core Northgate Northgate NG -2 Transitional Northgate NG -3 Residential Northgate Overlay Districts OV Corridor Overlay RDD Redevelopment District KO Krenek Tap Overlay NPO Neighborhood Prevailing Overlay NCO Neighborhood Conservation Overlay III. ORDINANCE NO. 3029 Page 6 That Chapter 12, "Unified Development Ordinance," Section 5.2, "Residential Dimensional Standards," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 5.2, "Residential Dimensional Standards," to read as follows: 5.2 Residential Dimensional Standards The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Notes: (A) A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right -of -way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single - family residence or duplex be built within 15 feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to 30 feet per dwelling unit when all required off - street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.1.H, Height. (H) Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970. (I) Reference Section 7.1.D.1.b for lots with approved rear access. (J) Reference Section 5.9 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. IMA 0 0 m N ro a L U) a a Cr L u Q N Min. Lot Area per Dwelling 5 1 5,000 SF 8,000 SF 3,500 SF 2,000 SF None None Unit (DU) Acres Acre Min. Lot Width None None 50' None 35' /DU(E) None None None Min. Lot Depth None None 100' None 100' None None None v Min. Front Setback (H) 50' 50' 25'(D) 25'(D) 25'(D) 25'(D) 25'(D) 25'(D) � ar Min. Side Setback 20' 20' 7.5' 7.5'(C) 7.5'(C) (A) (A) (B) (A) (B) N Min. Street Side Setback 15' 15' 15' 15' 15' 15' 15' 15' N Min. Side Setback between 15' 15' 15' 7.5' 7.5' 7.5' o e Structures (B) Min. Rear Setback (I) 50' 50' 20' 20' 20'(F) 20' 20' 20' 2.5 Stories/ 2.5 Stories/ 2.5 Stories/ Max. Height 35' 35' 35' 35' 35' 35' G G Max. Dwelling Units /Acre 0.2 1.0 8.0 6.0 12.0 14.0 20.0 30.0 10.0 N/A Notes: (A) A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right -of -way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single - family residence or duplex be built within 15 feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to 30 feet per dwelling unit when all required off - street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.1.H, Height. (H) Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970. (I) Reference Section 7.1.D.1.b for lots with approved rear access. (J) Reference Section 5.9 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. IMA ORDINANCE NO. 3029 Page 7 That Chapter 12, "Unified Development Ordinance," Section 7.1.1)(1), "Required Yards, Purpose and Intent," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 7.1.1)(1), "Required Yards, Purpose and Intent," to read as follows: D. Required Yards (Setbacks) 1. Purpose & Intent a) Setbacks are measured from the property line; b) On lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley; c) No structure that is taller than eight feet in height and that has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed herein; d) No part of a yard or other open space required in connection with any building, building plot, or use for the purpose of complying with this UDO, shall be included for any other building, building plot, or use as part of a yard or open space; and e) Where an existing block was created by an approved plat prior to July 15, 1970, a new (infill) single - family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest neighboring units. Areas zoned NPO, Neighborhood Prevailing Overlay District are exempt from this requirement. Setbacks for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area. V. That Chapter 12, "Unified Development Ordinance," Section 11.2, "Defined Terms," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 11.2, "Defined Terms," to add the following definitions: 11.2 Defined Terms For the purpose of this UDO, certain words as used herein are defined as follows: Blockface: That portion of a block or tract of land facing the same side of a single street and lying between the closest intersection streets Conservation Study: Study of existing conditions used for a Neighborhood Conservation Overlay. The items evaluated in a Conservation Study are chosen by the Neighborhood Stakeholder Committee and reflect the individual concern of the neighborhood for additional regulation. Lot coverage: A measure of intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by buildings, parked structures, driveways - gravel or paved, roads, and sidewalks. Median: The middle number in a set of numbers where one -half of the numbers are less than the median number and one -half of the numbers are greater than the median number. For example, 4 is the median number of 1, 3, 4, 8, and 9. If the set of numbers has an even number of numbers, then the median is the average of the two middle numbers. For example, if the set of numbers is 1, 3, 4, 6, 8, and 9, then the median is the average of 4 and 6, or 5. Neighborhood: A subarea of the city in which the residents share a common identity focused around a school, park, community business center, or other feature. For the purposes of a Single - Family Overlay District, a neighborhood must contain at least thirty (30) single - family structures in a compact, contiguous area, or be an original subdivision or phase of a subdivision if the subdivision contains fewer than thirty (30) single - family structures. Boundary lines must be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. ORDINANCE NO. 3029 Page 8 Neighborhood Character: The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by land -use types and intensity, traffic generation, and also by the location, size and design of structures as well as the interrelationship of all these features. Neighborhood Stakeholder Committee: A committee of at least 6 property owners within a proposed Neighborhood Conservation Overlay District and the Administrator. The committee provides input from the neighborhood and assists City Staff in conducting a Conservation Study and evaluating the options for regulation as listed in Section 5.9. V. That Chapter 12, "Unified Development Ordinance," Article 5, "District Purpose Statements and Supplemental Standards," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 5.9, "Single- Family Overlay Districts," to read as follows: 5.9 Single - Family Overlay Districts A. Purpose Single - Family Overlay Districts are intended to provide additional standards for new construction and redevelopment in established neighborhoods. College Station's older, established neighborhoods provide a unique living environment that contribute to the stability and livability of the City as a whole. These standards are intended to promote development that is compatible with the existing character of the neighborhood and preserve the unique characteristics of College Station's older neighborhoods while balancing the need for the redevelopment of vacant or underutilized property. The underlying zoning district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. B. Applicability The Single - Family Overlay Districts may only be applied to neighborhoods zoned and developed for single - family residences. C. General Provisions 1. The yard, lot, and open space regulations of the Single - Family Overlay Districts must be read in accordance with the yard, lot, and open space regulations in Section 5.2, Residential Dimensional Standards and Section 7.1.D, Required Yards. In the event of a conflict between the Single - Family Overlay Districts and these sections, the Single - Family Overlay District controls. 2. The area of a Single - Family Overlay District must contain at least thirty (30) single - family structures in a compact, contiguous area. Boundary lines must be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two should be avoided. 3. The City Council may approve a Single - Family Overlay District for an area that contains fewer than thirty (30) single- family structures if the Council determines that: a. The boundary lines are drawn to include blockfaces on both sides of a street, and to the logical edges of the area, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two should be avoided; b. Approving the Single - Family Overlay District will not negatively effect adjacent neighborhoods; c. Approving the Single - Family Overlay District will not be detrimental to the public health, safety and welfare of other property in the area; and d. The creation of a Single - Family Overlay District will meet the purpose of this ORDINANCE NO. 3029 Page 9 section. 4. Petition for a Single - Family Overlay District must be signed by at least sixty percent (60 %) of the total number of property owners in the proposed district area. 5. Single - Family Overlay Districts may not apply to neighborhoods originally platted in the last ten (10) years. D. Districts 1. Neighborhood Prevailing Overlay District (NPO) a. Purpose This district is intended to provide standards that preserve single - family neighborhoods by imposing neighborhood- specific yard, lot, and open space regulations that reflect the existing character of the neighborhood. The Neighborhood Prevailing Overlay does not prevent construction of new single - family structures or the renovation, remodeling, repair or expansion of existing single - family structures, but, rather, ensures that new single - family structures are compatible with existing single - family structures. b. Applicability The regulations of the Neighborhood Prevailing Overlay apply to all single - family and accessory structures within the district. C. Standards Development shall be subject to the existing median pattern of development on the subject and opposing blockfaces for the following standards: 1) Minimum front setback Front setback is calculated as the median existing front setback of all residential structures on the subject and opposing blockface. 2) Maximum front setback I — The maximum front setback, or build -to line, is no more than ten NM I (10) feet back from the minimum I I front setback. I a 3) Minimum side street setback Minimum side street setback is I I calculated as the median side street setback of all existing residential structures in the I N Zn district. N 4) Minimum lot size MANS I Minimum lot size is calculated as I I the median building plot size of all existing building plots on the subject and opposing blockface. Example: Median Minimum Setback for the subject and opposing blockface is 15 feet 5) Building height Building height is calculated as the median building height of all existing residential structures on the subject and opposing blockface. Building height refers to the vertical distance measured from the finished grade, or the base flood elevation where applicable, and the following points: a) The average height level between the eaves and ridge line of a gable, hip, or gambrel roof; a) The highest point of a mansard roof; or ORDINANCE NO. 3029 b) The highest point of the coping of a flat roof. 6) Maximum lot coverage Lot coverage is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface. Lot coverage includes all structures and impervious cover on a site, including but not limited to, patios, driveways - gravel or paved, accessory structures, and sidewalks 7) Garage Location and Orientation New garages must be placed in relation to the primary residential structure on the lot consistent with the most frequent pattern of placement on the subject and opposing blockface. New garages must also be oriented consistent with the most frequent direction of orientation on the subject and opposing blockface. See graphics in 5.9.2 for Garage Location and Orientation. 8) Tree Preservation Patio - sf �o v w 0 0 60 feet 3214 total impervious cover on 6,000 sf lot 53.6% lot coverage Any existing tree of 8 -inch caliper or greater in good form and condition and reasonably free of damage by insects and /or disease located outside of the buildable area are required to be barricaded and preserved. A barricade detail must be provided on the site plan. Trees must be barricaded one foot per caliper inch. Barricades must be in place prior to any development activity on the property including, but not limited to, grading. 9) Landscape Maintenance Any existing canopy and non - canopy trees in good form and condition and reasonably free of damage by insects and /or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator. 2. Neighborhood Conservation Overlay Districts (NCO) a. Purpose The Neighborhood Conservation Overlay District (NCO) is intended to protect and preserve single - family neighborhoods through a district that is focused on the specific needs of the neighborhood. NCO districts are based on in -depth study of the existing neighborhood conditions, and should be used to protect unique assets and qualities of the neighborhood. Conservation districts may be used for neighborhoods that offer a distinct character that its residents and the City wish to preserve and protect. It differs from the Neighborhood Prevailing Overlay in that it allows neighborhoods to choose from a variety of standards to address neighborhood specific issues. b. Applicability Page 10 Garage 400 sf 1) The regulations of the Neighborhood Conservation Overlay apply to all single - family and accessory structures within the district. 'Sidewalks - 174 sf ORDINANCE NO. 3029 Page 11 2) A neighborhood may not have both a Neighborhood Prevailing Overlay and a Neighborhood Conservation Overlay. C. General Provisions The standards set forward in a Neighborhood Conservation Overlay must be based on findings of a Conservation Study conducted by the City of College Station in conjunction with a neighborhood stakeholder committee. The committee must be made up of at least six (6) property owners in the neighborhood and the Administrator. The Conservation Study must include a survey of existing conditions and unique characteristics of the neighborhood and outline the issues that threaten the preservation of those characteristics. The Conservation Study will also set forth the items that may be included in the rezoning ordinance. d. Options for Inclusion In applying for a Neighborhood Conservation District Overlay, the following items may be included for study in the Conservation Study and included as standards in the overlay. All development within the district shall be subject to the standards set forth in the rezoning ordinance. 1) Minimum Front Setback If minimum front setback is selected for inclusion, the neighborhood stakeholder committee may select one of the following methods of determining minimum front setback based on the findings of the Conservation Study of the subject neighborhood: a) Contextual front setbacks as provided for in Section 7.1.D.1.e; or b) Contextual front setbacks as provided for in Section 5.9.C.1; or c) Fixed front setback. A fixed front setback may be established, however, it may not be less than the setback of underlying zoning or more than the existing median front yard setback of structures in the district. 2) Minimum Side Street Setback If minimum side street setback is selected for inclusion, the neighborhood stakeholder committee may select one of the following methods of determining minimum side street setback based on the findings of the Conservation Study of the subject neighborhood: a) Contextual side street setbacks as provided for in Section 5.9.C.2; or b) Fixed side street setback. A fixed side street setback may be established, however, it may not be less than the side setback setback of underlying zoning or more than the existing median side street setback of structures in the district. 3) Minimum lot size If minimum lot size is selected for inclusion, the neighborhood stakeholder committee may select one of the following methods of determining minimum lot size based on the findings of the Conservation Study of the subject neighborhood: a) Lot size as provided for in Section 18 of the Subdivision Regulations, Platting and Replatting in Older Residential Neighborhoods; or b) Contextual lot size as provided for in Section 5.9.C.3; or c) Fixed lot size. A fixed lot size may be established, however, it may not be less than the lot size required of underlying zoning or more than the existing median size of building plots in the district. 4) Maximum building height ORDINANCE NO. 3029 Page 12 If maximum building height is selected for inclusion, the neighborhood stakeholder committee may select one of the following methods of determining maximum building height based on the findings of the Conservation Study of the subject neighborhood: a) Contextual building height as provided for in Section 5.9.C.4; or b) Fixed building height. A fixed building height may be established, however, it may not be more than the maximum height allowed in the underlaying zoning district or less than the median height of all residential structures in the district. 5) Tree Preservation If tree preservation is selected for inclusion, any existing tree of 8 -inch caliper or greater in good form and condition and reasonably free of damage by insects and /or disease located outside the buildable area are required to be barricaded and preserved. A barricade detail must be provided on the site plan. Trees must be barricaded one foot per caliper inch. Barricades must be in place prior to any development activity on the property including, but not limited to, grading. 6) Landscape Maintenance If landscape maintenance is selected for inclusion, any existing canopy and non - canopy trees in good form and condition and reasonably free of damage by insects and /or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator. 7) Maximum lot coverage If maximum lot coverage is selected for inclusion, maximum lot coverage is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface. Lot coverage includes all structures and impervious cover on a site, including but not limited to, patios, driveways, accessory structures, and sidewalks 8) Garage Access If garage access is selected for inclusion, the neighborhood stakeholder committee may chose one of the following methods of garage access based on the most frequent method of garage access within the subject neighborhood: a) Front entry; or — — — — — — - - - — — — — — — - -� I b) Side entry; or I I c) Rear entry. I " W 9 " IM ) Garage Connection � / I If garage connection is I Front entry garage Side entry garage Rear entry garage chosen for inclusion, the — — — — — — — — — — — — — — — — neighborhood stakeholder committee may select one of the following garage connection types based on the most frequent method of garage connection within the subject neighborhood: --- - -� - -— - - - - - -- a) Attached to the I single - family structure; or I ■ I I b) Detached from the single - family � I Attached structure � — — Garage Detached — — — Garage — I ORDINANCE NO. 3029 Page 13 10) Garage Location If garage location is selected for inclusion, the neighborhood stakeholder committee may select one of the following garage locations based on the most frequent location of garages in relation to the primary single - family structure within the subject neighborhood: a) In front of the single - family structure; or b) To the side of the single - family structure; or c) To the rear of the single - family structure. I I I � - I Front of home Side of home Rear of home L- - - - - - - - - - - - - - - - - 11) Off - street parking If off - street parking is selected for inclusion, the neighborhood stakeholder committee may set a minimum off - street parking standard of 3 spaces per residential unit, however, it may not be included without also including maximum lot coverage, garage access, connection, and location in the Conservation Study. 12) Building Materials If Building Materials is selected for inclusion, the neighborhood stakeholder committee may select required building materials and set a minimum percentage for the use of those materials for facades facing a right -of -way. Required materials may only include types of building materials used in the subject neighborhood. The Conservation Study should include a listing of all types of materials used in the district as well as the median percentage on building facades facing a right -of -way. The percentage of use of a required material may only be placed on facades facing a right -of- way and may not exceed the median existing percentage of the materials on building facades facing a right -of -way. 13) Fencing If Fencing is selected for inclusion, the neighborhood stakeholder committee may select required materials and maximum height.