HomeMy WebLinkAbout08142008 ZPC Minutes
(LON City of West University Place
A Neighborhood City
® Recycled Paper ZONING & PLANNING COMMISSION
BILL WATSON CONFERENCE ROOM
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
August 14, 2008
MEMBERS PRESENT: Steve Brown, Allan Elkowitz, Selby Clark and Dick
Yehle
MEMBERS ABSENT: Mac McManus and Janet Duncan
COUNCIL: none
STAFF PRESENT: Debbie Scarcella, City Planner; Sallye Clark,
Planning Assistant; and James Dougherty, City
Legal Counsel
Call to Order - With quorum present at 6:15 p.m., Steve Brown called the meeting to
order.
1. Minutes.
July 10, 2008. Selby Clark made a motion to approve as written. Dick Yehle
seconded. Ayes: Steve Brown, Allan Elkowitz, Selby Clark and Dick Yehle.
Noes: none. Motion passed. Minutes approved.
2. Miscellaneous Amendments/Updates. Steve Brown informed ZPC that the
proposed amendments regarding Driveways and Parking and Garages and
Maneuvering Areas were on the agenda of the City Council workshop on July 28,
2008. At the workshop, City Council requested that the Maneuvering area material
not be revised and for it to be changed back as it appears currently in the Code of
Ordinances. Staff revised the Maneuvering area material and both amendments were
on the August 11, 2008 regular City council agenda. The Driveways and Parking and
Garages and Maneuvering Areas final reports passed the first reading.
3. Variances and Special Exceptions. Debbie Scarcella, City Planner informed ZPC
that the variances and special exception amendments were approved for a joint public
hearing between City Council and the Zoning Planning Commission scheduled for
September 8, 2008 in the Council Chambers. A quorum is required by ZPC for the
joint public hearing. Staff will send out an email reminder and to verify a quorum at
a later date.
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3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Zoning & Planning Commission Minutes
August 14, 2008 Meeting
Page 2 of 2
4. Excavations and Underground Structures. After discussion of Concepts and
Guidelines dated August 14, 2008, Dick Yehle suggested that staff and Steve Brown,
formulate a preliminary report outlining the approaches to Subterranean Structures
(basements). This report will be forwarded to the Building Standards Commission
for their affirmation and/or revisions and eventual submission to City Council for
guidance on how to proceed.
Dick Yehle made a motion to forward a memorandum to BSC and City Council to
identify ZPC action to be taken on basements and other subterranean structures
to allow or prohibit them and to identify pros and cons and necessary actions in
each of the two cases. Selby Clark seconded. Ayes: Steve Brown, Allan Elkowitz,
Selby Clark and Dick Yehle. Noes: none. Motion passed.
Adjournment. Selby Clark made a motion to adjourn. Allan Elkowitz seconded.
Ayes: Steve Brown, Allan Elkowitz, Selby Clark and Dick Yehle. Noes: none.
Motion passed. Meeting adjourned at 7:45 p.m.
Attachments:
Amendment relating to Garages, Maneuvering area, etc. (with minor change
discussed in workshop on July 28, 2008)
List of Concepts and Guidelines Excavations and Underground Structures dated
August 14, 2008
Debbie Scarcella's list of key issues dated June 9, 2008
Dick Yehle's comments dated June 10, 2008
PASSED THIS 4*_ DAY, OF 2008.
Steve rown, Presiding Officer
A T T:
U
Sallye A. Clar , lanning Assistant
Exhibit
Amendment relating
to garages, maneuvering area, etc.
(with minor change discussed in workshop on 7-28-08; see yellow highlight area)
Amend Table 7-4a as follows:
General Rule Every building site, garage space and related structure must
Table 7-4a: conform to the applicable regulations shown, by District, in this table. ("N/A"
means the rule does not apply.) Exceptions/Special Rules: (1) See special rules
Garage space noted in table. (3) See Article 9 regarding Planned Development Districts. (3)
See Note 1 regarding special exceptions.
GH,-
SF-1 SF-2 SF-3 GR- TH 1 2 C
Item Regulation
Garage Garage Minimum. 1,8220 per DU (1.0 per DU for old stock Minimum.- 2.0 per D
space, in parking housing); each must be enclosed or semi- each -Mmust be
general spaces. See enclosed and adjoin a driveway. enclosed gar-age.
Article 10. Maximum:-. 1.0 per ` , 2.225 sq. ft of building site
area, not to exceed 4.0.
Minimum NAA-10 feet wide 20 feet deep (for each required 12 ft. wide, per- spaee
garage garage parking space) 25 ft. deep (for each
parking required garage
space ' parking space)
dimen-
sions
Garage Maneuver- Ni ^ i Required at See _n 44e 2,. See Article 10. garage opening. doors or ing area
openings
Door or Prohibited unless (i) the garage door is set back ten (May affect eligibility
opening feet or more from the front yard, and (ii) there is as QMDS. See
facing only open area above the driveway for at least definitions in Article 2.)
front seven feet inward from the front yard, and (iii) any
street line. structure above the driveway (and within 1.0 feet of
the front v_a d)_must be cantilevered or suspended
from the building (no special posts or vertical
supports being allowed).
Door or Prohibited unless: (i) the garage door is set back ten (May affect eligibility
opening feet or more from the side street line, and (ii) there as QMDS. See
facing side is only open area above the driveway for at least definitions in Article 2.)
street line seven feet inward from the side street line, and (iii)
any structure above the driveway (and within 10
feet of the side street line) must be cantilevered or
suspended from the building (no special posts or
vertical supports being allowed).
Garage Limit on Max. 600 sq. ft. GFA in any accessory building N/A
accessory non-garage containing garage space.
buildings space
Note 1. Special Exceptions. The ZBA may issue a special exception for a parking area, garage or driveway in
another location or with a different design than prescribed by this table, if it finds that: (i) the other location or
design will not unreasonably interfere with available light and air and will not significantly alter access for fire-
fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in
the case of the remodeling of a principal building, the location requested is the same location as an existing
parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations.
X;~ 9 Ga.,W, - - , . i apea . Minimum diffiensions are 2 4 ft. long and at least, 2 ft. wider than the garage
opelffiflg~.- asonable, usable "e.e.l.m.," above low !a 49eaping and similar areas may be eountpa twwnv~
Amend the second page of Table 7-4a in the same manner as shown above, so that: (i)
changes applicable to SF Districts apply to "PDD-SF" Districts and (ii) changes
applicable to the TH District apply to "PDD-TH" Districts (but not PDD-C).
Amend subsection (c) of Section 10-102 as follows:
(c) Ade':itionalManeuveringAreas. In addition to the minimum dimensions
for parking spaces, there must be sufficient driveways and other maneuvering areas
to allow ordinary, practical use of each required parking space, as follows* _
NlaneUverinw areas for nun-S-F- uses must also comply with the following=
(1) free rtie e 7 eg , ra g~z~ To facilitates access to each
required garage parkingspace. there must be a maneuvering area
immediately outside the ara eeoopening. The ininimum dimensions are
24 ft. long and 2-ft. wider than the garage opening. and the area must be
located entireb, on the building site.
(2) Maneuvering areas may not be counted toward the required number of
parking spaces k pt e sites with cFn iise nly) ]
(3) Maneuvering areas (except those serving only one or two dwelling units)
must be provided, sized and arranged so that a large vehicle can leave the
street driving forward, enter any required parking space driving forward,
park in that space, and then re-enter the street area driving forward, all with
no more than two stops to change directions. As used in this section, "large
vehicle" means a truck 18 feet long, with a turning radius of 24 feet (outside
of bumper). Rx-eeptien: This does not apply to maneuvering areas that serve
(4) Reasonable, usable "overhang" above low landscaping and similar areas may
be counted toward required maneuvering area.
List of Concepts and Guidelines
Excavations and Underground Structures
August 14, 2008
At the meeting on July 10, 2008, the Zoning and Planning Commission comprised a
list of agreed upon concepts and guidelines to use in possible regulation
development regarding excavations and underground structures. Two basic concepts
that will apply to all of the possible regulations are:
1. Keep regulations Simple and straightforward
2. Look to pool construction rules for guidance
The basic purposes of the regulations seem to be centered on protection of
adjoining properties and safety of the structures and its occupants. The
following concepts and the areas of responsibility between ZPC and the BSC, as
well as affected code references are listed below:
Zoning and Planning Commission {ZPCI (Zoning Regulationsl
A. Second form of egress (window) to the rear of property only. {ZPC}
[Article II Definitions; Table 7-2 Setbacks; or Table 7-6 Projections]
B. Basement may only be located beneath building footprint. {ZPC} [Table 7-2
or Table 7-6]
C. Basement may not be located in an easement. {ZPC} [Table 7-2 or Table 7-
6]
D. Basement may not be located closer than 5 feet to the side property line.
{ZPC} [Table 7-2]
E. Does not count as pervious area (for underground structure located in a
front or rear yard). {ZPC} [Table 7-6]
F. Limit framed area and number of stories (based on increased density and
possible impact on infrastructure). {ZPC} [Article II Definitions of
Framed Area]
G. Limit basement area to 50% of area of floor above {ZPC} [Article II
Definitions-either definition of basement or half-story]
H. Restrict uses and occupancies (storage and non-sleeping area only){ZPC}
[Article II Definitions]
Building and Standards Commission {BSC} [Chapter 18 Development Regulations and
Appendix C - Technical Codes Schedule]
A. Special engineering and hydrostatic pressure questions {BSC} [Technical
Codes and Drainage Regulations - Chapter 18]
I
B. Drainage provisions must be included {BSC} [Drainage Regulations-Chapter
18]
C. Sill heights for egress from basement areas {BSC} [Technical Codes]
D. Require a wider staircase (for safety/egress) {BSC} [Technical Codes]
E. Sprinkler requirements for the structure {BSC} [Technical Codes - Fire
and/or Building Code]
F. Assume it will flood and protect against consequences {BSC} [Chapter 18 -
Flood Prevention Regulations]
G. No sanitary facilities below grade {BSC} [Technical Codes - Building
and/or Plumbing Code; Flood Prevention Regulations]
H. Vertical (inside) access only (no ramps or exits to outside) {BSC} [Flood
Prevention Regulations]
EXCAVATIONS AND UNDERGROUND STRUCTURES
By Debbie Scarcella, city Planner; June 9, 2008
The key issues regarding excavations and underground structures are as follows:
1. A. Should the underground structure project into the yards and if so, then how much?
Should the excavation area be allowed to project into the yards? (ZPC)
rai)le 7-6 of the Zonis g Regu atio,lls lists those items .ailotived to project into the regulated
,,arils. Lander<zrot iii itelnS'Ire not restriCIed at all as to the limits of Oicir ~ncroat llnlelit
into tllese y:nds. COlaceiv:ably' a baseirlellt Evouid teclmicall_y be allcm. (l to spin the
entil•c bl.uldillg site from property line to property line I.uirestricted.
B. Should underground structures be allowed on narrow lots taking the 3/7
alternate side
yard exception?
yarrow lots Ocss than 55' ~kidej are nveti zn onUorl to use alternate side ~ards. Ihi,s ;y
:i11OtVccl [t,) eliitti,_ 1-C fear;>Itraat (1 s?~1rLI tS, I1 l ,Irtictl.lre built ii idcr:'rt)und mi a harrow
site is t2oristructed where taking the alternate side ,setback allowance. should there be
.I Its and restrictions oti ;.lie proximity of the hasernent w.all and the excavation to
1cJjoilling prtlpert:_y lines.
2. If an underground structure is allowed in the yard areas, should there be special rules for
lot drainage regulations? (BSC)
:,'i<apttr. 1 pl~~avicle.s regulati<: its %~or huililing site ~.Jra.uaatize alacl e+>ntrollil the rt.tnE>1~f rate
rased on a F per hour- rallIf,all. t..lhs oll "2rsade ~vil l provide a "l-nall arliol.Int sit perviou4
area Iinderricath. the fotnidation Cor %v Itcr "Ibsorptloll. lt' a full baselnelat is 1~rt.IiIt, ~k I]I this
znlpact the chtllnaYC M I ~i'?I111iC;111t MOIJ211' ]Minder 1;0 ii i:Jllll'' ~I ld:(iorlal drain l'?E
measures 1101 specified in Cl,iapter 1`
3. Underground structures in the 100 year floodplain are strictly controlled. Should there be
additional regulatory language controlling the basements outside the 100 year
floodplain?(BSC)
Enciotied portion; rat' -u-ti tunes loc;~.lt~~:I in 11Ic 100 1'loodil,ain .vhich ,Irc heloNv the
'lood clc~ atic n ~;rc lu}t all~~ ~ed unless r11eti fleet + I teri,I Lt::,hlish d in scc ";wl 10.23
tit !hc° 2003 11RC and (7!i p(or 1. `%Iij:Q e 1.SC t}I '-i.e ity I 'i.)dc 01` 01-d1I1:.i11Cu". firs;
;io Inllar 'C11-ildt;011S Cor structures knlt:s;dc the: ilocdphirl.
4. Should there be additional engineering criteria for the foundations of underground
structures? (BSC)
olnc ld ix C tnl tF,c G )de of Ord111:a11CeJ deal" with ,:;lc 'l"ccllrlical C'~~cles arld ;:irlnelnclrn rlts
to those codes. Nest ti has it,llend 1-nent5 dealin-- with re(It.lirerrlents l'i>r dii`fCrent types of
1~0undations. B-Iselnent walls are nol. addressed in this anlendrnent. Section 8403 ol'the
1003 IRC ::lddresses some aspects Of haselaleant constrt.iction. I11.it does lust address
>I'()\11I11tV to <.ttllai i'11t "ltes, depth of excavatloll. etc.
5. Should the area included within the walls of an underground structure be counted toward
framed area? (ZPC)
Frained area definition in :article of the Zoning, Regulations lists basements of a certain
depth and less than 8' ccilin~~ height a.'s an exertnhtiorl to ilachtsio~n in the framcd area
Cal Cu tat I oils.
6. Should the area included between the floor and ceiling of an underground structure be
counted as a story? (ZPC)
Fhe current dctlrition i)f a story in the xon.n' rc;-* tda t i(_)ra ~.vr.~tild include talc: basilnent as
a story for coinlpliance with the ? 1,,, story rule. if certain baselnellts do not count toward
t'r nllaed area, then siloulci they he counted as a story'? Or if •.ve cotint t:he basement area as
a story. should it. he counted to"',rrd the maximturn allowable frarned area?
7. What types of uses of an underground structure will be allowed? (ZPC or BSC)
Any enclosure located below base flood elevation is limited to parkin!. aces- to the
7t1-ttcttn'e, ';rld. stor_t~re. lVe could limit a basennellt to these uses univ a.lld not allow any
l thit.1111~ al'ca ill i ha;'Cincilt.
Sallye Clark
From: Debbie Scarcella
Sent: Wednesday, June 11, 2008 11:04 AM
To: Sallye Clark
Subject: FW: ZPC Meeting of June 13, 2008
Attachments: Underground structures.doc
Could you forward these to the members and then let's make hard copies for tomorrow night? Thank you.
From: Richard Yehle [mailto:reyehle@comcast.net]
Sent: Tuesday, June 10, 2008 8:01 PM
To: Debbie Scarcella
Cc: Sallye Clark
Subject: ZPC Meeting of June 13, 2008
Debbie,
I will not be able to attend the ZPC meeting on Thursday due to attending my daughter's graduation in Boston.
Nevertheless, I wish to offer comments on Items #3 and #4 of the agenda.
3. Variances and special exceptions
I am still struggling with item #6 of the Special Exception language. Making it a requirement that the violation must
eventually be cured (even at reasonable cost and at some future time) in order to get the Special Exception seems to go
against the purpose of the Ordinance. I point to the Vanesko steel-frame roof as an example of something that could
never be realistically fixed, yet by all reports (I have heard) was not an issue to anyone in the neighborhoods.
So long as the other provisions of the ordinance are properly evaluated and there is no significant impact on another
person (#5), it seems that #6 could offer two solutions. The first would be the requirement proposed to remedy the
violation at "modest or reasonable" cost whenever possible. Perhaps the reasonableness of the cost dimension could be
defined in either absolute dollars or expressed as a percentage of the fair market value of the structure at the time the
Special Exception is granted. The second would allow the violation to exist on a grandfathered basis under the theory
that it is doing no harm and is too expensive to fix. Once either course is determined, it could not be altered except by
another ZBA Special Exception, which presumably would be very difficult to achieve.
4. Excavations and Underground Structures
I have annotated the Staff analysis included with the Agenda. My comments are obviously without the benefit of
discussion and therefore should not be taken as final. However, I am reasonably resolved that underground space should
not be considered as Framed Area and probably should not count toward the 2 1/2 story rule. Please see the attached
document.
Regards,
Dick Yehle
ZPC Commissioner
EXCAVATIONS AND UNDERGROUND STRUCTURES
The key issues regarding excavations and underground structures are as follows:
1. A. Should the underground structure project into the yards and if so, then how
much?
Should the excavation area be allowed to project into the yards? (ZPC)
Table 7-6 of the Zoning Regulations lists those items allowed to project into the
regulated yards. Underground items are not restricted at all as to the limits of their
encroachment into these yards. Conceivably, a basement would technically be allowed
to span the entire building site from property line to property line unrestricted.
For the sake of protecting neighboring properties from damages arising from
subterranean encroachment "standard" sideyard and rearyard setbacks should
apply. An exception might be made for frontyard setbacks, perhaps allowing
development to the street setback line or perhaps only to the allowed front porch
projection.
Excavation should be managed on a case by case basis considering existing
structures, driveways and trees, but in no case be closer than 3 feet to the
property line. While that limitation might impede some underground construction,
it would avoid issues such as already exist with neighboring properties being
encroached by some construction jobs such as brick laying.
B. Should underground structures be allowed on narrow lots taking the 3/7
alternate side yard exception?
Narrow lots (less than 55' wide) are given an option to use alternate side yards. This is
allowed to encourage rear situated garages. If a structure built underground on a narrow
site is constructed when taking the alternate side setback allowance, should there be
limits and restrictions on the proximity of the basement wall and the excavation to
adjoining property lines.
As suggested in A. above, for the purposes of protecting adjoining properties,
underground structures would not be eligible for the 317 alternate sideyard
exception but could be built with the standard 5 foot (or 10%) setback. The 3/7
rule could still apply to the above ground parts of the structure.
2. If an underground structure is allowed in the yard areas, should there be special
rules for lot drainage regulations? (BSC)
Chapter 18 provides regulations for building site drainage and controlling the runoff rate
based on a 1" per hour rainfall. Slabs on grade will provide a small amount of pervious
area underneath the foundation for water absorption. If a frill basement is built, will this
Note: Comments in Italics are those of Dick Yehle prepared 6/10/08 1
impact the drainage in a significant enough manner to require additional drainage
measures not specified in Chapter 18?
The incidental water storage under a slab is too small to be a factor and should
be ignored. Evidence suggests that too much credence is given to the water
absorption capabilities of West U soil. Once the soil is saturated, which is said to
happen quickly, unpaved areas don't retain much more water than paved areas.
The site drainage rules should continue to be enforced, especially for any sump
pump drainage originating from the underground structure.
3. Underground structures in the 100 year floodplain are strictly controlled.
Should there be additional regulatory language controlling the basements
outside the 100 year floodplain?(BSC)
Enclosed portions of structures located in the 100 year floodplain which are below the
base flood elevation are not allowed unless they meet criteria established in Section R323
of the 2003 IRC and Chapter 18 Article IX of the city's Code of Ordinances. There are
no similar regulations for structures outside the Floodplain.
Appropriate floodplain rules should apply.
4. Should there be additional engineering criteria for the foundations of
underground structures? (BSC)
Appendix C of the Code of Ordinances deals with the Technical Codes and amendments
to those codes. West U has amendments dealing with requirements for different types of
foundations. Basement walls are not addressed in this amendment. Section R403 of the
2003 IRC addresses some aspects of basement construction, but does not address
proximity to adjacent sites, depth of excavation, etc.
Standards for basement walls and floors should be developed, to include any
issues with subterranean drainage. There could be issues of sump pump
discharge into the sanitary sewers to consider.
5. Should the area included within the walls of an underground structure be
counted toward framed area? (ZPC)
Framed area definition in Article 2 of the Zoning Regulations lists basements of a certain
depth and less than 8' ceiling height as an exemption to inclusion in the framed area
calculations.
The concept of framed Area is concerned with managing the appearance of bulk
in a structure not its overall size. Therefore (the subterranean part of)
basements should not count toward Framed Area.
Note: Comments in Italics are those of Dick Yehle prepared 6/10/08
6. Should the area included between the floor and ceiling of an underground
structure be counted as a story? (ZPC)
The current definition of a story in the zoning regulations would include the basement as
a story for compliance with the 2 lh story rule. If certain basements do not count toward
framed area, then should they be counted as a story? Or if we count the basement area as
a story, should it be counted toward the maximum allowable framed area?
As with the Framed Area rule, the 2 112 story rule is in part primarily intended to
manage the appearance of size in structures. Space below grade does not add
to size and should therefore not a be a factor. (See #7 for further comments.)
7. What types of uses of an underground structure will be allowed? (ZPC or BSQ
Any enclosure located below base flood elevation is limited to parking access to the
structure, and storage. We could limit a basement to these uses only and not allow any
habitable areas in a basement.
An additional consideration of the 2 ?z story rule is the safety of living areas on
the "third" floor, especially egress. To the extent habitable areas are allowed in
basements, minimum standards for stairwells and windows should apply.
An additional concern might be with parking in basements. Having vehicles
under the house with limited means for emergency crews to access the space
(i.e. realistically only the driveway), could be an issue. Also the standards for
driveway access to a basement garage may need special consideration about
the angle of descent and possibly uncontrolled storm drainage.
Note: Comments in Italics are those of Dick Yehle prepared 6/10/08 3