HomeMy WebLinkAboutCOW 2007-05-14 Item 4C - Discussion - Single Family Building Height and/or Setback Standards r COUNCIL AGENDA SIWOPSIS
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ITEM=INFORMATION CAS NUMBER: 04 6 5 I ORIGINAL AGENDA DATE: 5/14/07
AGENDA ITEM TITLE Single Family Building Height and /or Setback Standards
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5 -14-07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance ['Fire Legal P&R Police PW
SPONSOR'S The proposal is an exploration of options to increase the compatibility of infill development
SuMMIARY in the LDR Zone with existing neighborhood patterns.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIF;: 4 -24 -07
RECOMMENDATIONS:
SPONSOR /ADMIN. Forward Council decision to the Planning Commission
CONDETTEE Forward to full Council for consideration
CuST 1MPACTTFUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: N/A
Comments:
=MTG. DATE RECORD=OF COUNCU ACTI-ON
5 -14 -07 1 I
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MMIDATE ATTACHMENTS
5 -14 -07 Information Memo dated 5/7/07 with Attachments
Community Affairs and Parks Committee minutes of 4/24/07
1
INFORMATION MEMORANDUM
To: Mayor Mullet
Community Affairs and Park ommittee
FROM: Jack Pace, Acting DCD Direc:
DATE: May 7, 2007
SUBJECT: Code Amendment LDR Buildin: Standards
ISSUE
Should the City change residential standards such as height or setbacks to reduce the impact on
adjacent houses?
BACKGROUND
The Council asked staff to review the way building height was calculated after receiving
complaints about a new house that the neighbors felt was out of scale with the surrounding
development. Currently the LDR zone allows buildings up to 30 feet in height measured
according to the method in the Washington State Building Code (IBC 2003) from the average
ground surface to the midpoint of a pitched roof. At their March 15 meeting the CAP reviewed
a diagram showing how various jurisdictions calculated building height and how that affected the
building envelope, see Attachment A.
There was some support for following Kent's approach which is a 35' height limit from "the
lowest point within five feet of the foundation." Some codes specify that the point of
measurement must be from "undisturbed ground The Kent approach would have the effect of
reducing the allowable height of buildings on slopes by a few feet depending on the steepness of
the slope and whether retaining walls were used to alter the surrounding grades but raising the
height of buildings on flat ground if the height limit was changed to 35'.
CAP reviewed the issue again at the April 24 meeting and wanted to bring three options to the
COW:
Increasing rear yard setbacks from 10 to 15 feet;
Increasing rear yard setbacks from 10 to 15 feet for up to two stories and further
increasing the rear yard setback to 25 feet if the house has a third story;
No action.
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ALTERNATIVES/DISCUSSION /ANALYSIS
Building height is only one element of the zoning regulations that control the bulk or building
envelope of a structure. The others are lot coverage, setbacks and in some jurisdictions floor area
ratio (FAR). Simply lowering building height or changing the way it is calculated may not result
in new buildings that are significantly more compatible with existing development patterns. In
the case of the house that sparked this discussion changing the building height measuring point
from average grade plane to lowest elevation within 5' would only have lowered the house by
about 5 feet and not reduced the bulk. Other ideas would be to control the bulk of houses
through a FAR or use tiered setbacks such as those in the multi family zones.
Building Envelope
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Below is a table listing single family development standards in nearby jurisdictions:
Jurisdiction
Standard Tukwila Kent Renton SeaTac Burien
2.5
Height 30' stry/35' 2 stry/35' 2 stry/30' 30' 35'
5,000 to
Lot Area 6,500 7,600 8,000 4,500 15,000 7,200
60', 70' 50', 60'
Lot Width 50' 50' Corner Corner 50'
Greater Greater
Lot 35% at of 2,500sf of 2,500sf
Coverage 6,500 sf 45% or 35% or 35% 35% 35%
Setbacks: 15', 20'
Front 20' 10' 30' garage 20' 20'
Second 15', 20'
Front 10' 10' 20' garage 20'
15' Total,
Side 5' 5' 5' min. 5' 5' 5'
Rear 10' 5' 25' 20' 15' 5'
Impervious
Surface 60% 70%
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Lot Coverage
The LDR zone currently limits the lot coverage (footprint) of all of the structures on a site to
roughly 35% (the percentage decreases as the lot size increases) TMC 18.10.057. This
percentage is common among jurisdictions that use this regulation, see table above. However the
building size can be maximized by building that footprint straight up three stories.
Floor Area Ratio
FAR is expressed as the total square footage of the building(s) divided by the square footage of
the lot. This links the size of the building to the size of the lot regardless of the number of
stories. Common single family residential FARs range from .45 to .65 which would limit a
house on a 6,500 sf lot to between 2,925 and 4,225 sf. Tukwila's Comprehensive Plan suggests a
maximum FAR of .5 not including the basement area (CP 7.6.4) The house that triggered this
discussion was on a 13,500 sf lot and had a FAR of .34.
Floor Area Ratio (FAR)
1:1 Ratio
t story 2 stories 4 stores
(100% lot cr ver3g) (50% lot co ra e) s% lot coverasei
Setbacks
Increasing the side and rear setback distance for the second and third stories of a house would be
another way to reduce the impact of a house on the adjacent properties. The current LDR
setbacks are 20' in the front, 10' on the second front, 5' on the sides and 10' in the rear. Tiered
side and rear setbacks that increased by 5' per story for lots that are at least 50' wide would
modulate the side elevations of the houses and reduce their bulk. The increases could have the
effect of limiting the development potential of smaller or oddly shaped lots and preclude the use
of stock plans by developers. The house that triggered this discussion is set back 5 to 7' from
one side, 8' from the other and 65' in the back.
The complaint arose from a neighbor whose back yard faced the new house's side yard. This was
due to the corner location, but is a common occurrence with infill development. See Attachment
B for an example of how the front, side and rear yard are commonly assigned to a new lot in a
short plat. In interior lots accessed off of a private road the rear yard often faces the neighboring
property's side yard and vice versa.
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OPTIONS
The CAP suggested the following options for the Council's discussion:
1) Change the rear yard setback in LDR from 10 to 15 feet;
2) Increase the rear yard setback in LDR for all houses to 15 feet and to 25 feet if the house
has a third story (with a possible exception for alley accessed garages or accessory
structures);
3) No Action.
RECOMMENDATION
Tukwila's single family house regulations are similar to those of nearby, similarly situated
communities as seen in the table above. None of the changes to building standards suggested
by the CAP would have made a significant difference in the bulk of the house that was the source
of the neighborhood complaint. However if the Council wished to continue to pursue this issue
staff could develop design standards that would require more site sensitive designs.
Attachment A: Comparison of Maximum Building Height Standards
Attachment B: Yard Location Diagram
Attachment C: Seattle Code for Structures and Setbacks
Q:\ CODEANEND \5- 14BuildHeightCO`V.DOC 4 05/09/2007
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COMMUNITY
DEVELOPMENT
Attachment C
Seattle Zoning Code for Structures and Setbacks in Single Family Zones
SMC 23.44.014 Yards.
Yards are required for every lot in a single family residential zone. A yard which is
larger than the minimum size may be provided.
B. Rear Yards. The rear yard shall be twenty -five (25) feet.
The minimum required rear yard for a lot having a depth of less than one hundred
twenty -five (125) feet shall be twenty (20) percent of the lot depth and in no case less
than ten (10) feet.
When the required rear yard abuts upon an alley along a lot line, the centerline of the
alley between the side lot lines extended shall be assumed to be a lot line for purposes of
the provision of rear yard and the determination of lot depth; provided, that at no point
shall the principal structure be closer than five (5) feet to the alley.
When a lot in any single family zone abuts at the rear lot line upon a public park,
playground or open water, not less than fifty (50) feet in width, the rear yard need not
exceed the depth of twenty (20) feet.
D. Exceptions from Standard Yard Requirements. No structure shall be placed in a
required yard except pursuant to the following subsections:
1. Certain Accessory Structures. Any accessory structure may be constructed in a side
yard which abuts the rear or side yard of another lot, or in that portion of the rear yard
of a reversed corner lot within five (5) feet of the key lot and not abutting the front yard
of the key lot, upon recording with the King County Department of Records and
Elections an agreement to this effect between the owners of record of the abutting
properties. Any accessory structure which is a private garage may be located in that
portion of a side yard which is either within thirty -five (35) feet of the centerline of an
alley or within twenty -five (25) feet of any rear lot line which is not an alley lot line,
without providing an agreement as provided in Section 23.44.0161
6. Private Garages, Covered Unenclosed Decks, Roofs Over Patios and Other Accessory
Structures in Rear Yards.
a. Any attached private garages or covered, unenclosed decks or roofs over patios are
portions of principal structures. They may extend into the required rear yard, but shall
not be within twelve (12) feet of the centerline of any alley, nor within twelve (12) feet of
any rear lot line which is not an alley lot line, nor closer than five (5) feet to any
accessory structure. The height of private garages shall meet the provisions of Section
23.44.016= D2 and the height of the roof over unenclosed decks and patios may not
exceed twelve (12) feet. The roof over these decks, patios and garages shall not be used
as a deck. Any detached private garage meeting the requirements of Section
23.44.016=, Parking location and access, or detached permitted accessory structure
meeting the requirements of Section 23.44.04012%1 General provisions, may be located
in a rear yard. If a private garage has its vehicular access facing the alley, the private
garage shall not be within twelve (12) feet of the centerline of the alley.
b. Garages meeting the standards of Section 23.44.016= and other accessory structures
meeting the standards of Sections 23.44.040= or 23.44.041 shall be permitted in
required rear yards, subject to a maximum combined coverage of forty (40) percent of
the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage
shall be calculated from the centerline of the alley.
7. Private Garages in Front Yards of Through Lots. On through lots less than one
hundred twenty -five (125) feet in depth, either an accessory garage structure or a
portion of the principal structure containing a garage shall be permitted to locate in one
(1) of the front yards. Private garages, either as accessory structures or as a portion of the
principal structure, shall be limited as set forth in Section 23.44.016=. The front yard
in which the garage may be located shall be determined by the Director based on the
location of other accessory garages on the block. If no pattern of garage location can be
determined, the Director shall determine in which yard the accessory garage shall be
located based on the prevailing character and setback patterns of the block.
o `z City of Tukwila
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`.w: so Community Affairs Parks Committee
"h ikiii
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
April 24, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson
Staff: Jim Morrow; Bruce Fletcher; Jack Pace; Nora Gierloff and Kimberly Matej
Guests: Eric Reinhardt; Todd Heistuman and Mikel Hanson
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Building Height Issue
DCD staff has previously come to the Community Affairs and Parks Committee to discuss
J building height issues. Most recently, the Committee asked staff to review the building height
regulations utilized by the City. Nora Gierloff and Jack Pace presented their findings to the
Committee as well as their recommended changes.
Based on previous complaints surrounding building height issues, it appears as the issue also
includes bulk. In comparison to neighboring cities, Tukwila is average to lower intensity.
Tukwila calculates height restrictions following the International Building Code. After a brief
discussion, Nora urged the Committee not to change the way in which the City calculates
building height. She outlined other possible alternatives, including:
Reduce the allowable building height
Reduce the lot coverage standard
Limit the floor area ratio (FAR)
Increase or tier rear and side setbacks
Discussion took place among Committee members and staff as to the possible alternatives and
concerns regarding the need to avoid focusing on one issue and in turn, limiting residents. Dennis
Robertson expressed the desire to identify a general change that will be applicable to most cases.
He feels that rather than telling residents how to design their house, the City should consider
increasing setbacks. Pam Carter articulated her concern of unintended consequences resulting
from a change in setbacks (i.e.: residents with detached garages since anything over 30 inches tall
is subject to the setback regulations).
Todd Heistuman, a local developer, commented that almost all new houses in Tukwila will be
built on re- platted land area. He stated that Seattle allows accessory structures in the backyard
with constraints and that the purpose of setbacks is to provide quality of life and visual impacts.
Todd believes that Tukwila has a very minimal lot standard in comparison to other cities. He
thinks that the City should study cause and effect prior to making any decisions on regulations.
Community Affairs Parks Committee Minutes Aoril 24, 2007 Pace 2
The Committee agreed that there is not a "quick fix" to fit this problem. They agree that Council
does not desire to revamp the entire code, but rather identify a possible area of regulation in order
to avoid future concerns such as the complaint brought forth at the March 27 and April 9
Community Affairs and Parks meetings (also see Council minutes of April 10, 2007).
Additionally, the Committee was in consensus of the desire expressed by full Council for this
issue not to consume an inordinate amount of staff time.
Dennis commented that he believes that the simplest solution to this issue is to increase the rear
setback to 15', 25' for a three -story and then consider accessory buildings. Dennis requested that
Jack secure a copy of the Seattle Code regarding garages and accessory structures and how they
pertain to allies, etc. and submit this information to the agenda packet for full Council review at
the May 14 COW.
The Committee feels strongly that this issue needs to be discussed with full Council. The
following three proposals will be taken to Council for discussion and consideration:
1. Leave the Building Height Code as is, with no changes
2. Increase rear setback to 15' for every residence
3. Increase rear setback to 15' feet for two -story, and 25' for three -story
The Building Height limitation would cover any structure in the LDR Zone that requires a
building permit.
In addition to bringing these proposals to full Council, staff will also submit a cursory review of
existing permits as impacted by each proposal, and the Seattle Code as requested above. DCD
staff recommends that no changes be made to the City's current code. FORWARD TO MAY 14
COW FOR DISCUSSION.
B. SAO Mitigation Ratio Amendment
DCD staff brought forth a proposal to modify the existing Sensitive Areas Ordinance (SAO) to
allow the DCD Director to make case by case waiver of strict compliance with the City's current
mitigation ratios if off -site mitigation is proposed in a wetland mitigation bank that has been
approved by certain regulatory agencies.
After discussion, Dennis Robertson expressed his opposition to this request as it appears that the
ordinance is being changed for one specific example in this situation, the exception is WSDOT.
He stated that off -site mitigation should be here in Tukwila, and although he is sympathetic that
the current regulations will cost the government more money, he does not feel that the
government should exclude itself from environmental impacts. Additionally, he is concerned
with leaving complete decision- making authority on each case to the discretion of the director
rather than having specifications set forth in the ordinance.
Jack Pace clarified that the idea of utilizing the administrator /director decision is not new to the
SAO, and that the proposed amendment is not in violation of the spirit of the SAO. Additionally,
the director would utilize an established chart, based on wetland type at which we are mitigating
loss, to arrive at his/her decision. This is not a decision that the director would make at his/her
own discretion without predetermined regulations. Jack stated that it is the intent of the City to
ensure a cumulative impact verses small wetland areas, and the amendment would aIIow for this
type of decision making following a best available science approach.