2242006 by bigmekahlo


									                                     City of Austin
                 Residential Development Regulation Task Force Meeting
                         Friday, March 24, 2006—1:30-4:30 p.m.
                       City Hall—Boards and Commissions Room

                                       Notes & Minutes

Meeting began approximately 1:37 p.m.

Task force members:
 Chris Allen                 __X__                  Noah Kennedy                  __X__
 David Arscott, Co-chair     __X__                  Mary Gay Maxwell              __X__
 William Burkhardt           __X__                  Dennis McDaniel               __X__
 Michael Cannatti            __X__                  Karen McGraw                  __X__
 Danette Chimenti            __X__                  Terry Mitchell                _____
 Michael Casias              __X__                  Laura Morrison, Co-chair      __X__
 Dolores Davis                __*__                 Clint Small                   __X__
 Silver Garza                __X__                  Melvin Wrenn                  __X__
        X = in attendance
        * Resigned in advance of meeting.

   City staff in attendance: Marty Terry, Joe Pantalion, Greg Guernsey, Ryan Robinson, Stuart
   Hersh, Regina Copic, Mike Hockmueller, Tina Bui

1. Citizen Communications - 15 minutes

   Each citizen spoke for 3 minutes.
   - Ken Pfluger
   - Bert Dement
   - Ora Houston
   - Dean Barrera

2. Overview agenda and approve minutes of March 21 meeting
   Laura Morrison – 5 minutes

   Motion to approve minutes made by Arscott; Second by Allen. Motion approved (14-0-2;
   Davis resigned and Mitchell absent).

3. Adopt Rules of Order
   Laura Morrison – 5 minutes

   Agreed upon that the meetings would be taped by Channel 6.

   Motion made by Chimenti, second by Casias to approve Rules of Order as attached at end
   minutes. Motion approved (14-0-2; Davis resigned and Mitchell absent).

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   Residential Development Regulations Task Force 03.24.06 Meeting Notes & Minutes

4. Review Photos – 15 minutes

   Item was to be discussed after item 8 but was not taken up due to time constraints.

5. Discuss Resources – 15 minutes
      o Staff

          -   Request made that more research be done on other cities’ regulations.
          -   Various staff expertise requested, including, but not limited to
                  o Urban economist
                  o Fire
                  o Affordability
                  o Architectural modeling
                  o Building, development review
                  o Code enforcement
          -   Staff input/suggestions requested

      o Outside Consultant

          -   Motion # 1 made by McDaniel and second by Allen to approve the following
                    that the City hire an outside consultant to help the Task Force on an “a la
                     carte” support/resource basis (the Task Force would still make the
                     recommendations but the consultant would serve as a resource),
                    while recognizing that there may still likely be a longer-term need for the
                     consultant to continue work after the Task Force’s work is complete to
                     customize what the Task Force recommends citywide on a neighborhood-
                     by-neighborhood basis; and
                    that the City find someone, by either hiring an outside resource or finding
                     staff in-house, who can provide architectural modeling of the ideas they

                     Motion # 1 approved 8-6-2 with votes as shown below:

      Chris Allen                   __No__       Noah Kennedy                    __No__
      David Arscott, Co-chair       __Yes__      Mary Gay Maxwell                __No__
      William Burkhardt             __No__       Dennis McDaniel                 __Yes__
      Michael Cannatti              __Yes__      Karen McGraw                    __No__
      Danette Chimenti              __No__       Terry Mitchell                 _(absent)_
      Michael Casias                __Yes__      Laura Morrison, Co-chair        __Yes__
      Dolores Davis               _(resigned)_   Clint Small                     __Yes__
      Silver Garza                  __Yes__      Melvin Wrenn                    __Yes__

                      o However, Maxwell noted that for Motion # 1, she would have voted
                        for the motion rather than against it if there had been a better
                        understanding of the motion that day.

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          -   Confusion about previous motion made.

          -   Motion was re-stated and vote taken again.

          -   Motion # 2 made to approve the new motion, which was the same as the original
              motion, by McGraw; Second by Allen. Motion approved 14-0-2 with all present
              in favor (Davis resigned and Mitchell absent).

          -   The Task Force has noted that clarity was necessary re: the motions made to
              recommend the hiring of an outside consultant but decided not to remake the

6. City Staff briefing related to Occupancy – 10 minutes

   Greg Guernsey, the Director of Neighborhood Planning & Zoning Department (NPZD), and
   Stuart Hersh, Neighborhood Housing and Community Development (NHCD), provided a
   briefing on occupancy limits. Marty Terry, Legal Dept., also provided information.

   The following information was some of the information provided:
   - Duplexes allow 3 unrelated adults, 18 years or older in each unit.
   - Some ways to check occupancy: Check mailbox for number of recipients.
   - After Council adopted the above-listed occupancy limits for duplexes, they adopted similar
   occupancy limits for two-family residential uses and secondary apartments allowing 4
   unrelated adults in main house and 2 in secondary unit.
   - Other duplex regs: 2 stories max, 30 feet in height max, FAR limits.
   - Secondary apartment or two-family residential regs: 850 sq ft total with max of 550 sq ft on
   second story.
   - 6 unrelated adults allowed in SF home.
   - 10 unrelated under certain circumstances.
   - Explanation of group home.
   - In researching other cities’ occupancy limits, City staff previously found that 3-4 unrelated
   adults was typical. Some cities had lower limits but not many. Austin is on high end.
   - City of Edmonds (WA) v. Oxford House, 1996 [1995?]Supreme Court case referenced.
   - There is a minimum required occupancy space per person.
   - College students are not a protected class.
   - 70 sq ft is min. standards and 2 adults are allowed. 1994 Uniform Housing Code, which
   City of Austin uses says that if you add 1 person, you must add 50 sq ft.
   - SF residence requires 2 parking spaces.
   - Rooming and boarding houses require a license and a Certificate of Occupancy. Need
   building permit and the necessary zoning.
   - How cities calculate who is unrelated is very important. e.g., consider a family of 6 and 1
   unrelated person moves in. Is that 7 unrelated or 2 unrelated?
   - (Hersh:) Some previous NHCD staff ideas re: SF homes but not staff recommendations:
       - Require licensing when there are more than 3 unrelated people.
       - Modify parking requirement under the license.
       - Lower impervious cover on that site to 45% and require on-site drainage.

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               - These ideas do not prohibit more than 3 unrelated people but makes it more
               difficult to use small sites for the uses that citizens often complain about.
   - Some cities do treat occupancy differently for students but if cities decide to treat some
   classes differently, there must be a reason why this class is unique.

   Questions from Casias:
   - If the ideas cited by Hersh were adopted, where would this language go? e.g., in the Land
   Development Code? Building Code? Where?
   - What is the constitutionality of prohibiting duplexes in the SF-3 district?
   - Is there a rational basis challenge for neighborhoods opting out of the urban home and
   cottage lot infill options?

7. Briefing- Data Trends in Residential Development in Austin
   Ryan Robinson, City Demographer- 15 minutes

   Presentation given by Robinson. (Presentation online at City website,

   Request made for FAR data pre-2000 and pre-2006.

8. Using Task Force process flowchart as a guide:
      o Review examples of Successful/Problematic SF Developments.
      o Discussion of possible provisions for permanent zoning regulations for
         residential uses and districts
      o Field Tours
      o Work Groups and Assignments
      o Key Criteria for Evaluation
   Laura Morrison – 90 minutes

   Following working groups created:
   - Occupancy, Two-Family Residential, Parking: Wrenn, Maxwell, Small*
   - Impervious Cover, Building Coverage, Drainage: McGraw*, Kennedy, Garza
   - Setbacks, Height, FAR: Allen, Cannatti, McGraw, Chimenti*, Burkhardt, Casias
   - Interpretation, Enforcement, City management standpoint: Cannatti*, Maxwell, Arscott,
       * Task Force member who is to facilitate the working group’s meetings.
       - McDaniel, Mitchell, and Natl. Assoc. of the Remodeling Industry (NARI)
       representative (formerly Davis) not yet assigned to working groups.

   Bus field trip scheduled for Tues, April 4, 11 AM to 1 PM.
   Arscott and Maxwell will arrange homes on tour.
   Requests that staff have site plan and FAR for each home on the tour.

9. Set agenda for next meeting
   Laura Morrison – 5 minutes

   Topics suggested:

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    Residential Development Regulations Task Force 03.24.06 Meeting Notes & Minutes

    - Citizen communication
    - Code enforcement briefing from City staff (SWS, WPDR)
    - William Burkhardt: Suggestions for duplexes and analysis of FAR
    - Presentation from Duplex Council (outside group)
    - Photos update

Meeting adjourned 4:35 p.m.

Task Force Meeting Schedule and Structure
        Meetings will be held each week Tuesdays, 7:30-9:00 a.m. and
           Fridays, 1:30-4:30 p.m.
        Co-chairs will rotate chairing meetings
        Staff will take minutes, email to Task Force for review
        Set agenda for next meeting at end of each meeting
        No meeting on Tuesday, March 28th

Task Force Ground Rules
        Pagers/cell phones off/silent
        Task Force sits at table together
        One person speak at a time

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   Residential Development Regulations Task Force 03.24.06 Meeting Notes & Minutes

Residential Compatibility TASK FORCE RULES OF ORDER
Adopted by the Task Force Meeting March 24, 2006

1. Rules of order for the meetings will be set per the judgment of the co-
chairs. In case of disagreement between the chairs, Roberts Rules of Order
will apply.

2. The co-chairs will propose meeting schedules at least two weeks in advance
to the task force for approval. If time constraints preclude two week
advance scheduling, the co-chairs may jointly propose a meeting with less
advance notice.

3. The Task Force will request that meetings be tape-recorded and copy
available to Task Force members without an Open Records request.

4. Because of time constraints, at least two members must propose or agree to
a Request for Study or Presentation from Staff or some third party. As a
general guideline, requested presentations should be limited to 15 minutes,
not including questions from the Task Force.

5. Any Task Force member may join a Task Force subcommittee.

6. Ordinance language for consideration must be provided to Task Force
members in Word format and any edits proposed by any member must be clearly
identified. The City Attorney's office may suggest language and comment on
drafts. Its input also must be clearly identified.

7. Drafts of Ordinance language from Staff or any other non-Task Force member
must be provided to Task Force members at least 24 hours prior to a scheduled

8. A quorum is 57% of the Task Force members. A quorum must be present to
take official Task Force Action.

9. Public comment will be taken once a week for 15 minutes. The Chair may
extend the time.

Task Force Actions

10. Official Task Force Action must be approved by at least a majority of the
members present. Official Task Force action can only occur on meeting days
designated in advance as dates for Task Force action.

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11. If members present do not unanimously support an action, a vote will be
taken with For, Against, and Absent members noted. In speaking to the public,
clarity will be used in describing task force votes. Any member may call for
a vote on any Task Force action.

12. It will require a vote of 57% of the Task Force members to change
language of a draft ordinance or resolution after the Task Force has voted to
approve specific language.

13. Two members may place an item for reconsideration on the agenda.

14. Amendments to these rules and a Task Force recommendation to extend the
life of the Task Force beyond June 6, 2006 must be approved by at least 70%
pf Task Force members.

15. Members may submit Minority Reports that will be included in all
distribution of Task Force actions to Council and the public.

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