Large-Scale Residential Development Ordinance ("McMansions")

Large-Scale Residential Development Ordinance ("McMansions")

History

In response to ongoing citizen concern over the construction of many new larger homes in established Austin neighborhoods, the Austin City Council adopted emergency interim development regulations in February 2006. These regulations immediately went into effect, limiting the construction of large-scale residential building on single-family lots. 

To more thoroughly address citizen concern over the issue, a stakeholder’s task force was formed by Council comprised of citizens representing neighborhoods and the building industry, including RECA President Terry Mitchell and Vice-President Silver Garza. The task force was responsible for producing a recommendation to the Austin City Council and the Planning Commission on the issue of Large-Scale Residential Regulations.

On March 9, 2006, the Austin City Council adopted a revised version of the interim regulations based on the task force’s recommendations. These regulations replaced those adopted in February.

The Interim Regulations:

The interim regulations applied to properties within subdivisions that were originally platted before March 7, 1974 (the date on which the City established drainage requirements) and to tracts that were legally developed without being platted.

The interim regulations affected the following structures:

• Single-family residential, including small-lot single-family, urban homes, and cottage lots
• Single-family attached
• Two-family and secondary apartment (i.e., “garage apartments”)
• Duplex

The interim regulations limited the size of new construction and additions to the greater of:

• 0.4 floor-area-ratio (FAR);
• 2,500 square feet; or
• 20% more square footage than the structure(s) that was (were) previously removed or demolished, or, in the case of additions, 1,000 square feet larger than the existing structure, if the property carries a homestead exemption.

Under the interim regulations, the City began counting covered porches on the second and third floors in the square footage limit. Basement space was excluded, if it met certain criteria. The square footage limits applied to the square footage of all regulated structures on the property. For example, the maximum square footage limit would apply to both units of a duplex.

On Thursday, June 22, 2006, the Austin City Council amended the March 9 interim regulations to modify and extend them until October 1, 2006.  The revised, interim regulations were the same as those adopted on March 9, 2006, except that the front yard set back averaging system in the March 9 ordinance was replaced with an averaging system as follows:         

The minimum front setback is the lesser of the setback prescribed by Section 25-2-492 (25 feet in SF-2 and SF-3) or the average of the setback of as many homes, up to 4, closest to the subject lot on the same side of the block.  In the case where there are no adjacent houses within 50 feet of the front lot line on that side of the block, then the 4 homes across the street that are the closest will be used to establish setback average.

Also on June 22, 2006, the Austin City Council voted 7-0 to approve on third reading permanent regulations for single-family and other non-multi-family residential construction in certain areas roughly bounded by US HWY 183, Ben White Blvd., Loop 360 and Lake Austin. The Mueller redevelopment is excluded, as are single-family residence small lots (SF-4A), unless those lots are adjacent to a lot zoned SF-2 or SF-3.  The regulations apply entirely within these boundaries if that lot is being developed with any of the structures that are regulated. The same structures regulated under the interim are subject to the permanent regulations, but bed and breakfast uses were also added. 

The Permanent Regulations:

The provisions of the Permanent Regulations, effective October 1, 2006:

1. Regarding size:

Development on a site will be limited to the greater of 0.4 floor-area-ratio (FAR) or 2,300 square feet.

A ground floor porch, habitable attic space and basements meeting certain criteria are excluded from the square footage calculations. Areas with ceiling heights greater that 15 feet, mezzanines, lofts, garages/other parking area after a certain amount and second and third story covered porches are included in the square footage calculations.

2. A building envelope within which all structures on the site must fit will be imposed. This will require the taller portions of a building to be located toward the interior of the lot. At the standard 5-foot side yard setback, the new regulations would allow 20 feet of height. There are provisions that allow certain features to protrude through the building envelope and an allowance is made for additions to an existing one-story home.
3. Articulation of walls over 15 feet high and over 32 feet in length will be required if that wall is an average of 15 feet or less from an interior lot line.
4. A change in the maximum height to 32 feet.
   • This decreases the height limit for single-family structures from 35 to 32 feet.
   • This increases the height limit for duplexes and two-family residential uses (garage apartments) from 30 to 32 feet.
   • In neighborhood planning areas, however, urban homes and cottage lots will remain at 35 feet and secondary apartments will remain at 30 feet.
5. Duplexes: Square footage for both units of a duplex is limited by the overall square footage limit. Beginning in October, 2006, the two units of a duplex must also be connected by a common wall for at least 50% of the maximum depth of the building and they must share a common roof. The two units cannot be separated by a carport, breezeway, or other open building element. While the new residential regulations are limited within the boundaries noted above, the duplex connections requirements will apply citywide.
6. The minimum rear yard setback for secondary dwelling units located on lots that abut an alley will decrease from 10 feet to 5 feet.
7. A Residential Design and Compatibility Commission composed of nine members appointed by the Austin City Council, serving two-year terms, will be able to consider specific projects to grant modifications to the regulations.
8. Neighborhoods will be able to modify certain elements of the new residential regulations.  

In response to concerns raised by the Watershed Protection Review Department, the Residential Design and Compatibility Task Force also recommended changes to how the City measures height, how the City treats allowed modifications and the rebuilding of non-complying structures and provisions that govern when a building or demolition permit is required. The proposed height measurement definition would require that a structure's height be measured from the lower of natural or finished grade. Currently height is measured from the finished grade. Code amendments were taken to Council for consideration on August 31, 2006.

The Reformat:

On Thursday, August 31, 2006, the Austin City Council received a presentation and conducted a public hearing regarding the two-part reformat of the Residential Design Standards, previously referenced as the Large-Scale Residential Development Ordinance. 

The first portion of the ordinance included amendments to the Land Development Code relating to height, compatibility, non-complying structure and other building provisions. The proposed height measurement definition would require that a structure's height be measured from the lower of natural or finished grade. By amending the city code, these changes would apply city wide to all types of development, including commercial development, which has sparked concern from RECA and others.

Council responded to citizen's concerns about the proposed new, non-residential provisions by approving the ordinance on first reading only and leaving the public hearing open. These amendments will be considered for second and third readings on September 28. If approved, these changes will apply citywide to all buildings (not just residential). 

The second portion of the ordinance is the Clarion Associate's rewrite of the "McMansion" Ordinance, which was approved by Council on June 22, 2006. This rewrite includes additions that would add bed and breakfast as an affected use, further define setback planes for second-story additions and clarify that "contributing" structures include such structures in National Register historic districts. These are minor changes to the already approved document; however, a re-adoption was required to include the changes in the ordinance.

On September 28, 2006, the Austin City Council approved the revised ordinance on 2nd and 3rd readings to

• reformat the “McMansion ordinance” (which includes a change in how height is measured for uses subject to the new standards that apply within the limited area),
• amend the provisions that govern when and how one can rebuild and modify a noncomplying structure (would apply citywide to all uses) and
• clarify when building and demolition permits are required (would apply citywide to all uses).

The Council also approved the following amendments to the revised ordinance:

• The ordinance for Council’s consideration required that a duplex (anywhere in the city) be connected by a common wall, which may be a common garage wall, for at least 50 percent of the maximum depth of the building. The amendment allows for a common floor and ceiling connection.
• An amendment exempting new construction that is less than 2,000 square feet in gross floor area and that is less than 32 feet in height from the articulation requirement.

The Council did not consider or approve a citywide change to how the City measures height. More review of that proposal is being conducted.

The new residential design and compatibility standards and the other Code amendments approved September 28 went into effect on October 1, 2006.

The McMansion Task Force reconvened April, 2007 to evaluate the implementation of the new Residential Design and Compatibility Standards (the "McMansion Ordinance") and to review concerns submitted by staff and citizens. The following comments were considered by the Task Force:

• Watershed Protection and Development Review Department Questions and Concerns
• Neighborhood Planning and Zoning Department Questions and Comments
• Citizen Comments

After conducting many meetings since May, the Task Force recommended to Council a change to the ordinance that will allow the Residential Design and Compatibility Commission (RDCC) to waive or modify the side wall articulation requirement. Under the existing Code regulations, the RDCC may only increase by up to 25 percent the maximum side wall length before articulation is required and/or decrease by up to 25 percent the minimum depth or length of a required wall articulation requirement for any specific project proposed by an applicant. Modifications beyond 25 percent must be considered by the Board of Adjustment as a variance, which requires the applicant to provide a proof of hardship. This amendment would allow the RDCC to consider any side wall articulation modification request.

On August 30, 2007, Austin City Council unanimously approved an amendment to the McMansion ordinance, allowing the Residential Design and Compatibility Commission to consider all side wall articulation modification requests. Applicants will no longer have to go before the Board of Adjustment for side wall articulation modifications beyond 25 percent. This amendment was developed by the McMansion Task Force.

The McMansion Task Force concluded their meetings and in conjunction with the Residential Design and Compatibility Commission presented potential code amendments to Austin City Council on February 28, 2008. City staff’s alternative recommendation regarding the common wall is found on the last page of their tracking document (see Resources Section below.)  City staff’s alternative recommendation for the duplex common wall requirement is to maintain the current method of calculation (50% of the depth of the structure from the front to the rear of the lot), but city staff are recommending two additional requirements: 

1. The common wall must maintain a straight line for 4 foot segments
2. One of the units must have an entry to the dwelling unit (rather than a garage) facing the front street.  For a corner lot, an entry must face each street. 

On April 15, 2008, the Planning Commission’s Codes & Ordinances Subcommittee met on the recommended Residential Development Standards Task Force Amendments, but forwarded the amendments without comment to the Planning Commission for consideration on Tuesday, April 22, 2008. At that meeting, the Planning Commission approved the majority of the proposed code amendments. However, the Commission postponed further consideration until May 13.

On Tuesday, May 13, 2008, the Planning Commission referred several items back to the Task Force for additional input before they render a decision that the Commission would continue to consider on June 10, 2008, 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.

Click on the links that follow to review the updated McMansion/duplex amendments. The impact affordability statement reports changes that may affect housing costs.

On Thursday, May 15, 2008, city staff briefed the Austin City Council on items the Planning Commission referred back to the task force, which met on Monday, May 19. 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 1,500 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. The City Council also postponed its public hearing and further consideration until Wednesday, June 18, 2008

June 2008 Update

On Wednesday, June 18, 2008, the Austin City Council approved all staff recommended amendments to the McMansion Ordinance. The amendments clarify and modify residential development regulations for single-family and duplex construction and the application of residential design and/or compatibility standards in a townhouse and condominium (SF-5) district. The amendments also expand the authority of the Residential Design and Compatibility Commission to consider historic structures and subdivisions that meet certain criteria.

The approval of these amendments officially concludes the formal review process of the McMansion Ordinance, which became effective October 1, 2006.

For more information, please visit the City of Austin's McMansion web page. 

Resources

Additional Stakeholder Recommendations, including the recommendations regarding the Affordability Impact Statement (June 4, 2008)

Task Force Recommendations (items in blue are the items that the Task Force reevaluated) (June 4, 2008)

Residential Development Standards Task Force Amendments (DRAFT - April 15, 2008)

Residential Design and Compatibility Standards (effective October 1, 2006)

NEW Map of affected area

NEW City of Austin's web page