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Home My WebLink About02042010 BSC Agenda Item 5 y PRELIMINARY DRAFT Joint Progress Report Zoning and Planning Commission (ZPC) & Building and Standards Commission (BSC) December 14, 2009 Sub' ct Basements/Underground Structures Background During the summer of 2008, City Planner, Debbie Scarcella, alerted the ZPC and BSC to the fact that builders in West University Place were beginning to include subterranean structures (basements) in their projects. At that time, three separate permit applications had included either partial or full basement structures. The city's zoning regulations (Code of Ordinances, Appendix A) and building and development regulations (Code of Ordinances, Chapter 18) do not specifically address regulating such structures. The International Building Code and International Residential Code include specific technical regulations when constructing the structures, but do not address such issues as location on the building site, proximity to property lines, maximum depths, uses of the space, etc. The city's floodplain regulations address basements in a special flood hazard area, but not in the non-hazard areas of the city. After preliminary discussions and research into the existing regulations, the ZPC and BSC concluded that basements present potential risks to both property owners and occupants, and the city's ordinances should be amended to address them. As noted in our Sept. 22, 2008 preliminary report, there were two approaches the city might take. The first would be to institute a broad prohibition of subterranean structures by simply not allowing them. The second would be to allow them within strict regulations. Seeking direction, the ZPC and BSC met in a workshop session with City Council on November 10, 2008. The City Council directed the ZPC and BSC to continue discussion of the issue with an eye on ultimately developing regulations allowing subterranean structures within strict regulations. During the months since, both the ZBA and BSC have held numerous discussions both separately and jointly, and have developed a table of regulations to address. (See Attachment "A"). Both commissions had reached internal consensus on most issues and in December, through an ad hoc committee comprised of ZPC Chair and Vice-Chair, and BSC Chair and Vice-Chair, the Building Official and City Planner, were determined to reach joint consensus on all areas in order to proceed with the development of regulations. During the ad hoc committee meeting on December 14, 2009, information obtained from engineers (See Attachment "B") served to convince the committee members that the conclusions previously reached would need more discussion. The ad hoc committee then asked staff to draft a progress report and return with it to both commissions for further discussion and eventual presentation to City Council. PRELIMINARY DRAFT Findings The arguments in favor of the "to allow, but regulate" approach chosen by City Council in response to our Sept. 2008 preliminary report have not changed but the list of those against has grown. The pros and cons are updated below: Pros 1. Gives property owners more flexibility in how to use their property (protects property owner's rights). 2. Might bolster the tax base by increasing the appraisal and creating a more desirable property for someone who would prefer, for example, a basement mechanical area or wine cellar. 3. Could act as a possible storm cellar when weather conditions deteriorate, or allow other desirable traditional uses. 4. Regulations would contribute to making the spaces safer from flooding and fire. Cons 1. Possible impact on neighbors, especially on narrow lots that utilize a full basement approach. 2. Possible impact on density and infrastructure by placing an extra burden on utilities, parking and traffic, etc. 3. Increases property-damage and personal-safety risks in a flood situation or fire. 4. Increased costs and risks associated with extra engineering and safeguards during the construction process as well as increased maintenance costs during the life of the structure. 5. Increased homeowner's insurance costs and/or coverage limitations. 6. The practical impossibility of enforcing use (especially safety) limitations once a basement is built. Preliminary Conclusion The ZPC and BSC have concluded that basements should not be permitted in West U but regulations should allow certain partially below-grade structures (e.g., elevator wells) which are essential to above-grade functions. Our conclusion is based primarily on the observations before the BSC of three structural engineers who specialize in foundation construction in this area. They highlighted the nearly prohibitive practical and cost hurdles to sound construction and effective maintenance of basements in an area no part of which can realistically be considered free of flood danger at grade level. Insurance, neighbor/community and legal concerns also argue against basements. Y1 PRELIMINARY DRAFT Our strong desire to preserve property-owner choice regarding basements is outweighed by the practical considerations stated above. A general prohibition on future construction of basements will provide a uniform rule for our city, about one-third of which is already under FEMA regulations preventing basements. Action The commissioners and staff seek support from City Council to propose zoning and other ordinance amendments reflecting the preliminary conclusion stated above. We look forward to discussing this topic in a workshop session with City Council, if desired. Steve Brown, Chair ZPC Bryant Slimp, Chair BSC Bruce Frankel, Vice Chair ZPC Dave Flame, Vice Chair BSC Debbie Scarcella, City Planner John Brown, Chief Building Official Attachment "A" Regulation of basements and other "below-grade spaces" 7-09-09 ZPC Position forward to BSC revised 8-13-09 Issue ZPC Consensus BSC Consensus Definition of "below Defer to definition of BSC agrees grade space" basement in the IRC Size limit Under footprint Under footprint of house Counts as framed area No Yes, if use changes and exceeds 200 s ft Counts as a story No Defer to the IRC in agreement Height limit None None Plumbing fixtures Allowed per plumbing Depends on if use (does not apply to code requirements changes lines) assuming no use restrictions Use restriction None Storage or mechanical equipment only, if greater than 200 sq ft Number of emergency Defer to the IRC Defer to the IRC egress paths (EEP's) EEP directly to Defer to the IRC Defer to the IRC outdoors Indoor swimming pool No No in below grade space Excavation limits No projection or Refer to staff-depth of (ratio of distance from encroachment into the excavation will be property line to depth regulated yards equal to the distance of hole) (setbacks) allowed at from the property line; any time during 45 degrees depth construction or as finished product. Location in "footprint" No encroachment into Under footprint of house of principal building any regulated yards only (below other building (setbacks): 3/7 space) alternated side yard setback (narrow lots) will not be allowed with basement construction. Attachment "B" Synopsis of the Building & Standards Commission Meeting September 3, 2009 The subjects of the meeting are as follows: 1. Notices, Rules, Etc. Matters relating to notices, introductions, rules, meeting procedures and identifying parties. 2. Regular members in attendance: Chairman Bryant Slimp, Gerry Spedale, The alternate voting members were as follows: Frank Griffin, Dave Miller 3. Regular members not in attendance: and Peter Benjamin, Dave Flame, Brian Hoogendam, J. Denis Powers. 4. Meeting Minutes. Matters relating to discussion and approval of the meeting minutes of August 6, 2009 and August 20, 2009. Both were approved with changes. 5. Docket Number 2009-03 regarding property at 5410 Kirby, West University Place Texas 77005 (Variance) No one was in attendance and Mr. Dave McMahan was notified via fax with a confirmation receipt. 6. Basements and other subterranean structures including ordinance amendments, updates and related matters. Mr. David Eastwood, PE, Mr. Robert Cunningham, PE and Mr. Lynn Ratcliff, PE all spoke on the subject of basements. Do's and Don'ts: Do's: • Require them to have a minimum of a 12 inch cast-in-place reinforced concrete foundation wall. • Require them to have a standby generator. • Require them to be provided with a sump pump system. • Require an exterior drainage system. • Require water proofing on the exterior of the basement wall. • Require any shoring to be designed by a registered professional engineer. • Require a 2:1 ratio of distance to side property line to depth of excavation or install engineered soldier pilings (not driven but drilled) to protect adjacent property. Don'ts • Don't allow foundation walls to be constructed using concrete masonry units (CMU'S) Consensus of all three engineers was basements can be designed to structurally function however they don't recommend them being allowed in West University Place. October ls` meeting was moved to October 8, 2009. [Adjournment.]