REPORT ON RESIDENTIAL INFILL HOUSING. City of Des Peres, Missouri. By Malcolm Drummond, AICP. Gartenberg Consulting Services. Creve Coeur, Missouri

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1 REPORT ON RESIDENTIAL INFILL HOUSING City of Des Peres, Missouri By Malcolm Drummond, AICP Gartenberg Consulting Services Creve Coeur, Missouri March,

2 TABLE OF CONTENTS Page INTRODUCTION... 3 INFILL HOUSING PROGRAM... 5 Design Phase... 5 Permitting Phase... 8 Transition Phase Construction Phase CONTRACTOR S CHECK LIST REVISIONS TO THE CITY CODE (To be completed after review of the Infill Program) 2

3 INTRODUCTION Cities have protected their residential areas for many years with zoning codes, subdivision regulations and building codes. Through traffic is restricted and parking overflow from commercial uses prohibited. Nonresidential uses are limited to churches, schools and institutions. Nuisances and home occupations are regulated. Occasionally, a new home is built or a house remodeled, with a specified time limit for completion. Recently, infill housing in Des Peres has created some conditions that are not covered by the usual regulatory measures. The purpose of this report is to identify current ordinances that are in place and new regulations that should be considered. Infill housing is the demolition of an existing older home and the construction of a new more modern house, or an addition to an existing home or an accessory structure of more than 250 feet. Typically, the replacement house is visually a great deal larger than the size of the existing house and of a much greater value. Within the past few years, there has been a significant amount of infill housing occurring in highly desirable inner ring suburban communities. Des Peres has had about twenty infill housing units completed (16 in 2004) with more in progress. As with many other affluent cities, Des Peres residential areas have spacious yards, lawns, trees and well maintained properties. Infill housing construction has disrupted the tranquility of the residential areas. In order to preserve the quality of living in these areas, both for the existing and new residents, some additional controls on infill housing are needed. Infill housing in Des Peres residential areas will continue for many years - thus, it is not a temporary activity. Impact on residents should be minimized. Overview of the Issue Des Peres has many existing regulations that address infill housing issues. The City needs additional regulations to control infill housing in existing residential areas in order for its controls to be comprehensive. Enforcement of the regulations must be developed to the same level as the Ordinances themselves. Existing and Proposed Regulations This document contains recommendations for regulations in the City s ordinances that relate to infill housing - the placement of one single family 3

4 resident on one lot. Many of the following items are not currently contained in the various existing building and maintenance codes. These new items are identified as new regulation needed. Purpose of the Program The purpose of the infill housing regulations are to recognize that the residents of our neighborhoods have the right to enjoy the normal ambiance of the area. The city s residential areas should not be considered construction zones. They should appear to be attractive, orderly residential areas at all times. To accomplish this goal of allowing infill housing and minimize residential capacity, the City needs to expand its codes to minimize the impact of construction. The construction of infill housing should be controlled by taking all reasonable measures to minimize the impact of construction during and after construction and insure that relevant city codes are adhered to. Outline of the Infill Housing Program The following program divides the development of each infill house into four phases as follows: 1. The Design Phase 2. The Permitting Phase 3. The Transition Phase 4. The Construction Phase It is noted that the Transition Phase starts when the existing house is purchased by a developer and ends when the construction begins. It is during this period that many houses or lots become an eyesore and a disruption to the neighborhood. Additional controls and fines are needed for these Transition and Construction Phases. The following recommended regulations would primarily require a group of amendments to Chapter 6 Building and Building Regulations of the City Code. Part Time Building Inspectors The Code of Ordinances for the City of Des Peres has many sections that deal with the control of infill housing. The City does not, however, currently have sufficient staff to enforce many of the existing regulations. It is recommended that the City hire part time inspectors to regularly visit the infill housing sites. A few hours a day spent by inspectors could increase the City s ability to monitor this construction activity. 4

5 1. Pre-design Conference INFILL HOUSING PROGRAM Design Phase Review of overall project with owner, builder, architect, etc. Discuss any unusual problems - flood plain, street access, site topography, drainage, tree removals, fences, etc. Emphasize the fact that they are working in an existing neighborhood. Respect for existing neighbors is important. Identify person responsible for the infill project. This person will be the key contact. A list of emergency numbers should be provided. Provide applicant with a copy of the Contractor s Check List. Prior to final design, the applicant should provide the City with a plot plan showing buildings, driveways, etc. The applicant should be advised that a preconstruction conference will be required 30 to 60 days before construction starts. 2. Trustee Notification New regulation needed: In any subdivision where the deed restrictions are still enforce, the applicant should request a written statement from the subdivision trustees that they are aware of the proposed new residential unit. Trustees have 30 days to respond. Applicant may then determine compliance with the subdivision deed restrictions, indentures or covenants. 3. Impervious Coverage New regulation needed: All impervious structures including the main building accessory building, driveways, swimming pools, walkways and patios shall not exceed the following percent of the total lot area: Lot Size (In Square Feet) Maximum Coverage of Lot Under 10,000 40% 10,000 to 15,000 35% 15,000 to 20,000 30% 20,000 to 1 acre 20% 1 acre or more 15% 5

6 Existing Regulation: Zoning Code H - All driveways to have concrete, asphalt or brick surface. 4. Stormwater Run-off Controls New regulation needed: The direction, volume and concentration of stormwater run-off from the infill site into adjacent properties shall not be significantly altered as a result of the sites impervious coverage and grading of the infill site. Increased volumes of stormwater run-off shall be directed into the streets and the public storm drainage system. New regulation needed: Where and when appropriate, the Director of Public Works may (1) require the builder to install a gravel drain and gravel pit to retain and disperse stormwater or (2) require the developer to pay for part or all of the improvements to accommodate stormwater run-off. Need legal review. 5. Change in Lot Elevation New regulation needed: The elevation of the new infill house shall be no more than two (2) feet above the highest floor elevation of the main floor of house. It must be measured by a Registered Surveyor before any demolition or grading is undertaken. 6. Grading of Lot Plans for the grading of a lot shall be submitted with the application for a building permit. Existing regulation: Chapter 6. Slopes shall not exceed one (1) foot of vertical height for every (3) feet of horizontal distance. If a greater slope occurs, retaining walls must be installed. Minimum yard grade away from foundation is 1/12 for the first 10 feet. The Director of Public Works can modify slope requirements where appropriate. Alterations to site grading shall not cause significant changes to the concentration of drainage from any specific location on the site. 7. Tree Retention New regulation needed: All existing healthy trees with a caliper of over 6 inches, that are (1) not within the building footprint or within ten feet of the building footprint (2) within 10 feet of the proposed impervious surface areas or (3) within a regraded area shall be preserved. The Director of Public Works may allow a tree removal for other reasons, deemed necessary. 6

7 8. Fences and Retaining Walls Existing regulation: Zoning Code Fences in the side and rear yards shall not exceed six (6) feet in height. New regulation needed: Retaining walls shall not exceed six (6) feet in height and shall be set back no less than 2 feet from any side or rear lot line. A second tier retaining wall shall not exceed four (4) feet in height and shall be set back not less than four (4) feet from the top of the lower retaining wall. In areas of steep topography, the Director of Public Works may allow higher retaining walls. Add to Chapter 6 - Building Regulations 9. Yard Setback Lines Existing regulation: Zoning Code Zoning Districts A AA B D E F Front Yard Side Yard Rear Yard New regulation needed: Garage Doors more than 2 single or one double facing the front shall be setback at least 5 feet to avoid a single plane frontage. 10. Height of Building Existing regulation: Zoning Code ½ stories not over 35 feet in height 11. Parking Requirements Existing regulation: Zoning Code Two off street parking spaces in the side or rear Yard 7

8 Permitting Phase 1. Responsible Party New regulation needed: The Building Permit shall contain the name of the property owner, the builder, prime contractor, architect or engineer. The responsible party shall attend a Pre-Construction Conference of a representative of the Department of Public Works prior to beginning the project. 2. Monitoring by Owner/builder Infill housing builders/contractors/owners should be aware of the City s interest in enforcing all of its building codes and in keeping the residential areas residents receptive to the construction activities. 3 Builders Checklist This list will include most of the regulations identified in this report, arranged in the same four phases: Design, Permitting, Transition and Construction. See last page of this report. 4. Permitting Conference New regulation needed: Review of all required permitting procedures. Overall review of infill house and site plans Applicant should be aware that the permit holder is responsible for the actions of all subcontractors and will be the one penalized and fined for all ordinance violations. Again identify the person responsible, either the permit holder or his agent for the infill housing project. 5. Demolition Permit Existing regulation: Chapter 6 - Demolition Permit and Fees: The permit application shall include a topographic survey of the premises, including the location of any drain pipes or inlets. Calculations indicating the total amount of impervious surfaces before removal and after construction shall be provided by an engineer. 8

9 New regulation needed: The demolition of a single family residence shall be completed in thirty (30) days from the start of demolition. The permit holder shall notify the Public Works Department on the start date. The partial dismantling of a house is prohibited prior to the thirty day demolition period. All property acquired for an infill house shall be maintained as a sound unit in good condition. The house and yard shall be maintained, with the lawn cut regularly. If the house is occupied, it shall be the responsibility of the owner to maintain the property 6. Grading Permit Existing regulation: Chapter 6. A grading permit is required for grading of a lot during demolition and construction. 7. Building Permit Existing regulation: Chapter 6 - Sets forth all building requirements, building codes and procedures for obtaining a Building Permit. New regulation needed: Inspections shall be scheduled 24 hours in advance. City may conduct unscheduled inspections to assure contractor and subcontractors are complying with all building regulations. Final Inspection is not complete until yard is established, ground cover and landscaping are installed, driveway is poured, splash blocks installed at downspouts, and all erosion control removed. New regulation needed: Address of site must be posted with 4" high letters. New regulation needed: The applicant for a Building Permit shall submit sets of two construction plans for the infill housing project and attach them to the construction plans submitted for the permit. The construction plan will show the location of (1) soil piles and duration of their use, (2) the gravel parking and loading areas, (3) location for the dumpster and portable toilet, (4) the location of existing dumpster(s), and proposed driveways or curb cuts, (5) trees to be retained, (6) temporary safety fences, and (7) a dust suppression program. If street unloading is necessary, it shall be approved by the Director of Public Works and shown on the construction plan. 8. Sign Permit Existing Regulation: Chapter 6 - One sign is permitted, see Sign Regs with the name of contractor, builder and/or real estate agent. A message about the project and an illustration of the new home may be included. The sign shall not exceed six (6) square feet per side or three and 9

10 one half (3½) feet in height. A permit shall be obtained prior to installation of the sign. 9. Street Excavation Permit Existing Regulation: Excavation Permit - Chapter 18, Sidewalks and Public Places, Section 18-4 (6). Fees - Section 18-4 (d) - a fee of $50.00 and an additional fee of $25.00 for any additional inspections. All items disturbed shall be restored to their original condition. Rock backfill is required in the right-of-way. Restoration work is to be performed in accordance with City standards. 10. Street Damage Deposit Existing Regulation: Chapter 6 - No damage will be done to any street...no mud or other debris...will be deposited onto streets... Street Use Deposit Fee - Residential building - $2, City reserves the right to clean up without prior notice and to deduct the cost from the deposit accordingly. New regulation needed: This includes violations of working hours, damage to property, debris in streets or adjacent property, blocking streets or any other violation of the City s Building Regulations. 11. Street Impact Fee Many of the residential streets in Des Peres are older and some were not built to current standards. Several may require reconstruction in the near future. Others are narrow and sustain damages at the edges by large trucks, including trash trucks as well as construction vehicles. With these conditions, the infill housing builders cannot be expected to assume the full liability to replace these streets. They are, however, increasing the rate of decline of these streets, and they are not paying subdivision development costs for streets as in a new subdivision. A reasonable compromise would be to charge a Street Impact Fee that would contribute to the costs of future street rebuilding. The Street Impact fees could be placed in a Reserve Account for street improvements. The cost of 100 feet of a new residential street could be between $8,000 and $10,000, or $4,000 to $5,000 for the houses on each side of the street. A Street Impact Fee of $2,000 to $3,000 would be appropriate. In view of the selling price of some of the new houses, this would not be a significant amount - less than one half of one percent. Another approach would be to charge $.50 to $1.00 per square foot of roadway to which a property fronts. 10

11 New regulation needed: Applicants for a Building Permit for an infill housing unit shall pay a $2,000 fee for the impact of construction vehicles using existing residential streets. New regulation needed: Penalties for confirmed violations will be $ After three complaints of violations of any building regulations, the penalty will be $200 per violation. After ten violations during the project, the penalty will be $300 to $500 per violation, as determined by the Director of Public Works. These penalties will be deducted from the Construction Violation Deposit. New regulation needed: A Notice of Violation will be issued at the time a City inspector identifies a violation. The permit holder will be contacted and will have 24 hours to correct the violation. If not corrected, a penalty will be assessed. Each additional day of violation a penalty will be assessed. A reinspection fee will be charged. 12. Construction Time Frame Existing Regulation: Chapter 6 - Permits issued for the construction of new buildings shall expire twelve (12) months from the date of issuance... Chapter 6 - The Director of Public Works may extend the time period to fifty (50) percent of time period - six months for new construction and only one extension. 13. House Plans, Site Plans and Drawings New regulation needed: One set of Final As-Build Drawings must be submitted to the Director of Public Works prior to issuance of an Occupancy Permit. The as-built drawing will include the building and site improvements, such as driveway, walk, patio and pools and retaining walls. The Final Inspection will not be complete until house is inspected, yard and landscaping are established, driveway is in place, splash blocks installed at downspouts and all erosion control items are removed. There will be no refund on deposits until above finished. 14. Occupancy Permit Existing regulation: Chapter 6 - No land or structure or building of any kind shall be occupied or used for any purpose(s) unless a Certificate of Occupancy has been approved... Occupancy Permits are only issued after the Final Inspection and submittal of Final As-Built Drawings. 11

12 Transition Phase The Transition Phase starts when a property is purchased by a developer, builder or contractor for the purpose or intended purpose of using the lot for a new infill housing unit. During this phase the developer, builder or contractor may rent the unit, allow the existing home owners to remain in the house or cause the house to remain vacant. The Transition Phase continues and while the lot remains vacant through demolition of the house. It does not end until construction of a new house is started. Existing regulation: The property should be maintained in accordance with Chapter and 154. New regulation needed: Add the above as a definition of the transition phase to Chapter 6. Also add the definition of an infill housing unit - a new house on a single residential lot which is not constructed in coordination with other properties which are a part of the same development. A. Time Frame Prior to Demolition 1. Maintenance of Existing House and Site Existing regulation: The existing house and yard shall be maintained so as to meet the City s property maintenance standards in Chapter 6. There shall be no changes in the appearance of the property. Any trash or materials from a move out must be removed. The mail box shall be removed if the house is unoccupied. House numbers must remain and be visible from the street. The lawn, trees and garden shall be maintained. 2. No Partial Demolition New regulation needed: No part, door, window or existing element of the house shall be removed prior to total demolition of the house occurs. 3. No Storage of Equipment or Materials New regulation needed: No vehicles or equipment of any type can be stored on the site at any time. No materials of any type can be placed on the site. No dumpster or toilets can be placed on the site. B. Time frame During Demolition 4 Demolition Time Frame 12

13 The demolition of the existing house shall be completed as set forth in the Demolition Permit. 5. Temporary Soil Erosion Barriers Existing regulation: Erosion control devices must be in place before any work starts and must be maintained until at least a 2 inch height of grass is fully established over entire site. Mesh, filter fabrics, straw bales, or filter log rolls are acceptable. Multiples shall be utilized in major swales and reinforce with stakes, if necessary. Erosion control devices shall be installed at edges of all streets and along downhill side of property and around all storm sewer inlets. Temporary movable devices may be needed across steep access routes. If any inspection reveals a problem, a $25 reinspection fee will be charged. 6. Removal of Debris and Temporary Grading Most existing houses in Des Peres have been removed in one or two days when large equipment is used. Existing regulation: No debris shall be placed in the street during demolition. Any dirt dragged into street shall be removed on a daily basis. New regulation needed: All building debris must be removed from the site. All destroyed trees, plant materials, unused fences and other items shall be removed. Fences to be retained shall be repaired. If site contours are to be temporarily changed, this should be carried out to the extent necessary to prevent stockpiling of soils. The basement floor and walls shall be removed and the hole temporarily filled with soil hauled to the site, if necessary. C. Time Frame After Demolition 7. Temporary Soil Erosion Controls New regulation needed: Any needed revisions to the temporary soil erosion controls must be in place immediately after the demolition of the house or at the time any grading or regrading occurs. 8. Maintenance of Site New regulation needed: If no house is to be constructed on the vacant lot within sixty (60) days, the exposed soil areas shall be covered with straw 13

14 and seeded during the growing season. The demolition deposit will not be refunded until this is completed. All lawn and seeded areas shall be cut so as not to exceed eight (8) inches in height. 9. No Equipment on Site New regulation needed: No equipment, dumpsters, toilets, building materials or soil may be placed on the site until a building permit is posted and construction on the new house starts. 10. Utility Terminations New regulation needed: Utilities may be shut off, but no utility line shall be terminated and no trenches shall be dug into the yard or right-of-way. Thirty (30) days prior to demolition of the house, the utilities may be terminated. An excavation permit shall be obtained to make any cuts into the right-ofway or pavement. Location of underground utilities must be identified prior to terminations. Any cuts into the street shall be protected by barricades and lights as per Chapter 6, Building Regulations. Construction Phase 14

15 1. Parking and Equipment Areas New regulation needed: The developer/builder/contractor shall install a parking and unloading area at the front of the infill housing lot of a sufficient size to keep trucks and equipment off the streets. The unloading of equipment and materials from large trucks may occur in one lane of a street on a temporary basis. New regulation needed: Dumpsters and portable toilets shall not be placed within 10 feet of a property line. On lots with a width of 70 feet or less, the dumpster and portable toilet shall not be placed within 2 feet of the side property line. The Director of Public Works can vary this regulation when appropriate. 2. Parking in Streets Existing regulation: If fire trucks and emergency vehicles cannot pass through, tickets will be issued by the Police Department. Existing regulation: No dumpsters are permitted in the streets. New regulation needed: Add to Chapter 6, as follows - Construction workers are required to use the required temporary gravel parking area. No vehicles or cars shall be parked overnight on the street. 3. Erosion Controls New regulation needed: The erosion controls established during the demolition phase shall be modified and expanded during the course of the construction of the infill house. All final grading shall comply with the changes in contours outlined in the Grading Permit. 4. Soil in the Streets New regulation needed: All soil or gravel that is dragged or washed into the street shall be removed within 2 hours of the occurrence or by 6:00 p.m. on the day of occurrence whichever results in the earliest required removal. 5. Debris New regulation needed: All discarded building materials shall be placed in a dumpster or removed within 48 hours. No open stockpiling of debris is permitted. New regulation needed: Any debris from the infill construction site that 15

16 lands on any adjacent or nearby properties or on the adjacent streets shall be removed within 2 hours or by 6:00 p.m. on the day of the occurrence whichever results in the earliest required removal. Loose materials that could be blown away after construction hours shall be secured. Dumpsters shall be securely covered. 6. Temporary Soil Piles New regulation needed: Soil removed for construction of a basement may be temporarily stored in the side and rear yard. The foundation should be back filled within 30 days of completion. After back filling the foundation all excess soil shall be removed within ten (10) days. 7. Excavations New regulation needed: All excavations for construction and utilities shall be protected with fences and other devices to insure safety on the site. Utility ditches shall be filled within 3 days. Signs should be posted, with warnings to any dangerous condition. 8. No Burning on Site Existing regulation: No burning of trash, building materials or any other material is allowed on the site. 9. Signs and Permits Existing regulation: The Building Permit, approved plans and a copy of all other required permits shall be maintained on the site. New regulation needed: The property address must be mounted on the sign or on the building under construction. 10. Working Hours and Noise New regulation needed: Infill housing construction shall be carried out between 8:00 a.m. and 6:00 p.m. on weekdays Monday through Friday. This includes activities by on-site workers and equipment, and the delivery of materials by large vehicles, such as concrete trucks, and the delivery of building materials by large trucks. The Director of Public Works can authorize Saturday work when deemed necessary. The only existing Des Peres Code restriction on construction is creating noise between 10:00 p.m. and 6:00 a.m. 16

17 11. Permit Expiration Dates Existing regulation: Chapter 6. Permits for the construction of a new residential unit shall expire in twelve (12) months. The Director of Public Works may extend the time period for an additional six (6) months if the work has proceeded continuously under the permit. The cost for the extension of the building permit shall be fifty percent of the original cost of the Building Permit. The Director of Public Works can modify the fee if any practical hardships were encountered by the developer/contractor/builder. 12. Responsibility for Subcontractors New regulation needed: The Builder Permit holder shall be responsible for all of the subcontractors working on the project. If they violate any of the permit requirements or violate any of the building requirements in Chapter 6 of the City Code, the Building Permit holder will be and fined for violations. New regulation needed: If any construction work is improperly completed, the Builder Permit holder will be responsible for the correction. When necessary, a work stoppage may be instituted by the Director of Public Works. CONTRACTORS CHECK LIST 17

18 The purpose of this check list is to make the Contractor on an infill housing project aware of all of the City of Des Peres regulations pertaining to the project. Des Peres has some regulations that are unique to it. Prior to starting actual construction, the Contractor should meet with the Director of Public Works to review this check list and identify any special problems that could occur. 1. Building Permit and Grading Permit. 2. Address and Demolition Permit on site. 3. Street Excavation Permit. 4. Sign Permit. 5. Construction Time Frame is 12 months. 6. Maintenance of House On Site prior to demolition.. 7. No Partial Demolition or sale of house parts. 8. No Storage of Equipment or materials on site before or after demolition. 9. Destination on Utility Shut-offs and cut-offs. 10. Demolition Time Frame is 30 days. 11. Removal of Debris on a daily basis. 12. Temporary Erosion Controls after demolition. 13. Maintenance of House and Site after demolition. 14. No Equipment, Dumpsters or Building Materials on site before construction starts. 14A. Photograph any Damage to streets, curbs or sidewalks prior to construction. 15. Gravel Parking Area is placed in front yard prior to start of construction. 15a. Request for Curb Cut is required. 16. No Parking in Streets for extended periods or overnight. 17. Do not Block Streets - one moving lane open at all times. 18. Additional Erosion Controls during construction as approved. 19. Soil in Streets to be removed within two hours. 20. No Debris onto adjacent properties - to be removed by end of the day. 21. Temporary Soil Piles removed in 30 days - permanent soil piles in back yard. 22. Stormwater Run-off - no muddy water into adjacent yards. 23. Dumpster and Portable Toilets located 10 feet from property line. 24 Debris and waste - if not in dumpster - remove in 48 hours. 25. Excavations filled or protected with fences, etc. 26. No burning on site. 27. Working hours are 8:00 a.m. to 6:00 p.m. weekdays - notify all subs and workers. 28. Responsibility for subcontractors - the Permit Holder is fined for violations. 29. Notification for Inspections - Give City Public Works 24 hours notice for an inspection. 30. Unscheduled Visits - City inspectors will make unscheduled visits to sites and respond to complaints. 31. Final As-Built Drawings will be required by City. 32. Occupancy Permit granted after entire house and site is completed. 33. Safety/Protection 18