§ 52-32b. S-P-2 (generalized) site plan district regulations.

The S-P-2 site plan district is utilized to permit flexibility of area regulations while restricting usages. A single basic land use district shall be designated, which district's principal use, accessory use, parking, height and area regulations shall apply except as specifically varied and identified on the site plan. The land area for S-P-2 zoning district shall not be less than two (2) acres in size unless the basic land use requested is only for R-40, R-15, R-10, R-7.5, R-6, R-ZLa, R-SFA, R-3.5 or R-2.5 uses, in which case the two-acre minimum size shall not apply. No land use be used and no building shall be erected for or converted to any use other than the general uses authorized by an ordinance of the City of Irving granting a zoning change to S-P-2 zoning district under the terms and provisions of this section. No variances to any other city ordinance, code or regulation will be permitted within this district. All requests will be processed in accordance with the following procedures:

(a)

An S-P-2 zoning district shall be granted by the city council only upon the written request of the owner or his representative and recommendation of the planning and zoning commission.

(b)

An application for S-P-2 zoning shall be filed with the city department of community development for technical evaluation and processing for recommendation to the city planning and zoning commission and shall be accompanied by the number of copies of the site plan as required by the director of community development or designee. The site plan shall indicate the requested use or uses and the most restrictive zoning district first permitting the use or uses which shall serve to establish the area requirements for development and show the following information:

(1)

Date, scale, north point, name of owner, and name of person preparing the site plan.

(2)

Location of existing boundary lines and dimensions of the tract.

(3)

Indicate minimum building setback dimensions adjacent to all property lines.

(4)

Designate proposed general land use for all building areas.

(5)

Location and size of points of ingress and egress to public streets may be shown on site plan, or the planning and zoning commission may recommend such points be shown and the city council may require location and size of points of ingress and egress to public streets be shown on site plan; however, if specific location and size of points of ingress and egress to public streets are not required to be shown on site plan, the location and size of points of ingress and egress to public streets shall not violate any ordinance or regulation adopted by the city council to regulate the location and size of points of ingress and egress to public streets.

(6)

Centerline of existing watercourses, drainage features and floodway easements.

(7)

Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request indicated by dimension and bearing from a corner of the property being rezoned.

(8)

Area map indicating the neighborhood in which the property is located.

(9)

Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan, when required, should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained.

(10)

Location, type and size of all easements shall be indicated on the site plan, along with the volume and page number where the easement is recorded with Dallas County Deed Records.

(11)

Each applicant applying for a site plan district use shall submit the number of copies of the site plan as required by the Director of Community Development or designee, including any electronic digital copies, for submission to the planning and zoning commission.

(c)

The city planning and zoning commission shall hold a public hearing as required by this ordinance and state law and make its report and recommendation to the city council and shall recommend such conditions and restrictions as necessary to secure and protect the public health, safety, morals, and general welfare.

(d)

In granting or denying an application for an S-P-2 zoning district, the city council shall take into consideration the following factors:

(1)

Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.

(2)

Safety from fire hazards, and measures of fire control.

(3)

Protection of adjacent property from flood or water damage.

(4)

Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.

(5)

Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.

(6)

Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities; location of ingress/egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust.

(7)

Such other measures as will secure and protect public health, safety, morals, and general welfare.

(e)

Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the city.

(f)

All improvements to the land and all buildings and construction on the land shall be in accordance with the site plan approved by the city council.

(g)

On the official zoning map, a site plan 2 district shall bear the designation "S-P-2" followed by the ordinance number in parenthesis rezoning the property to S-P-2 zoning district.

(h)

Any use, not prohibited by this ordinance or other ordinances of the city, may be authorized in an S-P-2 zoning district, and the city council may impose any condition or restriction upon the use of the property rezoned as may be necessary to secure and protect the public health, safety, morals, and general welfare and to protect adjoining property and the value thereof, including the dedication of street right-of-way for the adequate flow of traffic. Such conditions and restrictions shall not be construed as conditions precedent to the granting of the S-P-2 zoning district use, but shall be construed as conditions precedent to the granting of a certificate of occupancy.

(Ord. No. 2569, § 7, 8-30-73; Ord. No. 3018, § 3, 10-13-77; Ord. No. 5325, § 1, 11-5-87; Ord. No. 6371, § 2, 1-20-94; Ord. No. 7626, § 2, 3-23-00; Ord. No. 8704, § 1, 9-21-06; Ord. No. 2008-9006, § 1, 10-16-08)

Editor's note

Ord. No. 2008-9006, § 1, adopted Oct. 16, 2008, repealed subsection 52-32b(i), which pertained to S-P-2(generalized) site plan district regulations.