On June 18, 2008, the City Council voted to approve on all three readings the Residential Development Regulation Task Force's final recommendations. The approved ordinance will be effective June 28, 2008.

Process To Date:
Wednesday, June 18, 2008: City Council Meeting public hearing and consideration.
Update & Action: Approved Task Force's recommendations on all three readings

Tuesday, June 10, 2008: Planning Commission for consideration of remaining items.
Update & Action: Approved Task Force's recommendations, except regarding changes to duplex regulations.

May 19, May 29, June 2: Task Force additional meetings to discuss items referred back by Planning Commission.

May 15, 2008: City Council Meeting for public hearing and possible consideration
Update: Staff presented a briefing on the items that the Planning Commission referred back to the Task Force.
Action:The City Council postponed the public hearing and consideration of all items to Wednesday, June 18, 2008. The Council also directed staff to remove from consideration: (1) Expansion of RDCC authority to consider modification requests for impervious cover and commercial compatibility; (2) Altering McMansion boundaries; and (3) Exempting 1500 square foot homes from McMansion regulations. The City Council postponed action on all proposed amendments from the Task Force, Additional Stakeholders, and Affordability Impact Statement to give the Task Force time to consider the items that have been referred back to them by the Planning Commission.

May 13, 2008: Planning Commission Meeting, part 2. To consider remaining recommendations.
Action Taken: The Planning Commission referred several items back to the Task Force for additional input before they render a decision, specifically:
Task Force Recommendations
#13 -- Parking Area – Limiting the number of FAR exemptions received per site for parking area
# 21 – Gross Floor Area Definition, and
# 28 – Duplex Regulations, and
All recommendations identified on the “Additional Stakeholder Recommendations” tracking sheet.

April 22, 2008: Planning Commission public hearing and possible consideration of proposed amendments
Update: On April 22, 2008, staff presented the proposed Task Force amendments, an updated version of the additional stakeholder recommendations, the draft ordinance, and the Neighborhood Planning and Zoning Department's Affordability Impact Statement.
Action Taken: The Planning Commission voted on 24 of the 27 recommendations from the Task Force, 3 of the 7 additional stakeholder recommendations, and all of the Affordability Impact Statement recommendations. The Planning Commission postponed action on the remaining recommendations until their next Planning Commission meeting on May 13, 2008 at 6:00 pm.

April 15, 2008: Planning Commission Codes and Ordinances Subcommittee
Update: On April 15, 2008, staff provided the subcommittee with an amendment tracking sheet, draft ordinance, and additional stakeholder recommendations, including comments from the American Institute of Architects-Austin Chapter.
Action Taken: The subcommittee did not make any formal recommendations other than to send the item forward for full Planning Commission consideration on April 22, 2008.

The Task Force had orignally conducted their final meeting on December 13, 2007.
Task Force members briefed the City Council on February 28, 2008 with their recommended revisions.
On March 6, 2008, the Austin City Council directed staff to initiate the recommended amendments and consider other recommendations proposed by stakeholders.

If you would like to provide comments regarding the proposed amendments,
please send them to Joi Harden via the following methods
• Email: joi.harden@ci.austin.tx.us
• Fax: (512) 974-6054 (please clearly note that the fax is for Joi Harden)
• Mail: NPZD, PO Box 1088; Austin, TX 78767
• In person: 5th floor of 505 Barton Springs Road

New residential design and compatibility standards (the ‘McMansion Ordinance’)
are now in effect within greater central Austin, as of October 1, 2006.

These new standards apply to single-family, duplexes, and similar residential construction and additions,
including bed and breakfasts.

Though not technically part of the McMansion Ordinance,
changes were also approved governing duplex construction throughout the city.
Those changes also went into effect on October 1, 2006.

The two units of a duplex must now be connected by a common wall or floor and ceiling, and they must share a common roof. The common wall may be a common garage wall but it must be at least 50 percent of the maximum depth of the building.

The two units of a duplex may not be separated by a breezeway, carport, or other open building element.
[Land Development Code Section 25-2-773]

On September 18, 2006, Clarion Associates and City Staff hosted two public workshops
about the new residential design & compatibility standards.

** Workshop PowerPoint Presentation **
• Black and White Easy-Print Version
• Color, Full-Page Presentation

THE NEW RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS

New site development regulations for single-family, duplexes, and other non-multi-family residential development (the McMansion Ordinance and changes to the City’s duplex regulations) went into effect on October 1, 2006.

WHERE DO THE NEW REGULATIONS APPLY?
The McMansion Ordinance does not apply to every property within the City. It applies only within specific boundaries (generally, greater central Austin). The Mueller Planned Unit Development is exempt from the regulations. Properties zoned SF-4A are also exempt unless they are adjacent to properties zoned SF-2 and SF-3.

However, the changes to the City’s duplex regulations apply throughout the entire city and are not limited to a specific area.

WHAT RESIDENTIAL STRUCTURES ARE SUBJECT TO THE McMANSION ORDINANCE?
• Single-family
• Small-lot single-family
• Single-family attached
• Duplex
• Two-family (a main residence and a secondary dwelling unit)
• Secondary apartment (neighborhood planning tool)
• Urban home (neighborhood planning tool)
• Cottage lot (neighborhood planning tool)
• Bed and breakfast (group 1) residential
• Bed and breakfast (group 2) residential

WHAT DOES THE McMANSION ORDINANCE DO?
The McMansion Ordinance

> Limits the size of new and remodeled structures to the greater of
• 2,300 square feet or
• 0.4 to 1 Floor-to-Area-Ratio (FAR) (the limit applies to the combined square footage of all residential units on a lot)

To figure out what an 0.4 FAR means for your property, simply multiply your total lot size by 0.4. For example, an 0.4 FAR applied to a 10,000 square foot lot would yield an allowable 4,000 square feet of gross floor area)

> Adds new provisions to the City’s definition of gross floor area that explain how square footage must be calculated for
• Second and third story covered porches (included in your square footage)
• Basements meeting certain criteria (excluded in your square footage)
• Garages and other parking areas (included after a certain amount)
• Areas with ceiling heights of greater than 15 feet (included by counting the square footage twice)
• Mezzanines and lofts (included)
• Habitable attic spaces meeting certain criteria (excluded)

Otherwise, gross floor area means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls. The term includes loading docks and excludes atria airspace, parking facilities, driveways, and enclosed loading berths and off-street maneuvering areas. [Land Development Code Section 25-1-21]

> Adds a building envelope requirement, created by side and rear setback planes, so that all structures on a site must fit within this envelope (there is an allowance for remodels; some building features are allowed to protrude through the setback planes)

> Adds a side wall articulation requirement, though the the side wall articulation requirement does not apply to new construction that is less than 2,000 square feet in gross floor area and less than 32 feet in height

> Changes how height is measured for uses subject to the McMansion ordinance so that it is measured from the lower of natural or finished grade

> Changes the maximum height
• From 35 feet to 32 feet for single-family, small-lot single-family, single-family attached, bed and breakfast (group 1 and group 2) residential structures
• From 30 feet to 32 feet for duplexes
• From 30 feet to 32 feet for two-family residential structures
• (The 35 foot height limit stays in effect for urban home and cottage lot special uses.)
• (The 30 foot height limit stays in effect for secondary apartment special uses.)

> Decreases the minimum rear yard setback from 10 feet to 5 feet for a secondary dwelling unit if the lot abuts an alley

> Establishes minimum front yard setbacks that are slightly different than the setbacks prescribed previously in the City’s Land Development Code

> Allows neighborhoods within the ‘McMansion boundary’ modify the McMansion Ordinance

> Require that the two units of a duplex share a common roof and a common wall for at least 50% of the maximum depth of the building, and prohibit the separation of the two units by a breezeway, carport, or other open building element; instead of a shared common wall, the two units can share a common floor and ceiling (applies citywide to all duplexes, not just those within the "McMansion boundary")

> Amend how noncomplying structures may be modified (applies citywide to all uses, not just residential uses)

> Amend when and how a damaged or destroyed noncomplying structure may be restored (applies citywide to all uses, not just residential uses).

WHO DO I CALL FOR MORE INFORMATION?

If you have questions about interpreting the new regulations, existing site development regulations, applying for a building permit for new construction or an addition, or bringing forward a project to the new RDCC, please call the Residential Review Division of the Watershed Protection and Development Review (WPDR) Department at (512) 974.2380.