§ 52-32f. HCD Heritage Crossing District.

Latest version.

(a)

Introduction. This section provides the regulatory tools for new development and redevelopment consistent with the community vision for the Heritage Crossing area more particularly described in Exhibit A which is attached hereto and incorporated by reference (the "Plan Area").

(1)

Purpose and intent. The purpose of the Heritage Crossing District is to implement the vision previously outlined in the adopted Downtown Development and Heritage Crossing Redevelopment districts. It facilitates pedestrian oriented, mixed-use, urban infill redevelopment, providing shopping, employment, housing, and business and personal services. The Heritage Crossing District supports economic development, a sustainable tax base, and job creation/retention by:

Providing a streamlined and simplified city approval process;

Establishing adjacency predictability in the built environment;

Offering flexibility to changing market conditions;

Reducing risk to private investment/development;

Synchronizing private investment/development with public capital investment policies; and

Calibrating zoning regulations with a vision for redevelopment within the Heritage Crossing District.

(2)

Goals. The goals of the Heritage Crossing District are to

Promote a more functional and attractive community through the use of recognized urban design principles; and

Allow property owners flexibility in land use, while prescribing a higher level of detail in building design and form.

(3)

Relationship the Irving Comprehensive Plan. The Heritage Crossing District seeks to implement the recommendations of the 2016 Irving Comprehensive Plan relative to Heritage Crossing, including: "Continue to enhance Irving's existing signature centers including: Heritage District." The Heritage Crossing District specifically implements the following recommendations:

Make downtown more visible to visitors and residents through entranceways, wayfinding signage and public art;

Capitalize on the location of the TRE station;

Create pedestrian connections throughout the Heritage District;

Ensure development throughout the Heritage District is compatible with existing design and supports the neighborhood as a whole;

Design retail space as a focal point of activity, offering interesting shops, quality restaurants, and essential services in attractive buildings and settings;

Ensure new office developments fit into the style and character already established by the community and neighborhood; and

Develop well-designed multifamily projects and outdoor spaces that contribute to a visually pleasing environment that supports Irving's local character and promotes social interaction and pride among its residents.

(b)

Components of this section (f).

(1)

The Regulating Plan. The Heritage Crossing District regulating plan ("Regulating Plan") (Attachment 1) is hereby adopted as the official zoning map for the Plan Area. Within any area subject to the approved Regulating Plan, this Heritage Crossing District becomes the exclusive and mandatory regulation unless modified by SP-1, SP-2 or any other more specific plan. It shall establish the following development standards for all properties within the Plan Area:

Establishment of Character Zones. The Plan Area is divided into different "character zones". Each character zone is intended to create a distinct urban form based on the illustrative vision for different sections within the Plan Area. Each character zone shall establish use and building form standards including standards for building height, width, location, functional design, and parking. The Regulating Plan classifies all lots within the Plan Area into one of the following three (3) character zones:

Transit Mixed-Use (TMU) - The Transit Mixed-Use Zone creates opportunities for local small scale, in-line retail and restaurant, and medium-scale urban residential (apartments, townhouses, multi-unit homes, live-work) development. This zone takes advantage of the proximity to the Trinity Railway Express by creating shared parking opportunities and focusing on urban residential, without mandating ground floor retail.

Corridor Mixed-Use (CMU) - The Corridor Mixed-Use Zone creates a vibrant, mixed-use area that leverages Irving Boulevard/Second Street as "context sensitive streets" supporting multimodal traffic, linking other regional destinations, and promoting economic development. The Corridor Mixed-Use area will serve as the primary neighborhood for commercial activity in the local community.

Neighborhood Mixed-Use (NMU) - The Neighborhood Mixed-Use Zone is intended to provide for a range of small scale residential uses (single family, low-density apartments, live-work, townhomes, multi-unit homes, etc.) in low intensity development at key locations. It also provides for a mix of home occupation, low-impact office and neighborhood services within the zone.

Building frontage standards. Buildings along Main Street, Irving Boulevard, and 2nd Street within the Corridor Mixed-Use Zone and west of Britain Street shall be designed to balance pedestrian-oriented building design standards while accommodating service, utility, and parking functions. Specific development applications apply within the Corridor Mixed-Use Zone requirements.

(2)

Development standards. The Heritage Crossing District text portion of this section (f) enumerates the development standards with text and graphics for character zones, frontage, building form, landscape and building design.

(c)

Administration.

(1)

Applicability.

The uses and buildings on all properties within the Heritage Crossing District shall conform exclusively to this section (f) unless otherwise specifically referenced herein.

Where in conflict, numerical metrics shall take precedence over graphic metrics.

(2)

Development review process.

Administrative modifications to the Heritage Crossing District. The director or the director's designee may approve administrative modifications to standards in this section (f) per the criteria set in Table 1 below. A site plan shall be required for administrative review of proposed modifications.

Table 1. Administrative Modifications Table
Code Standard	Extent of Administrative Modification Permitted	Criteria
a. Building Form and Development Standards
1. Build to zones/setbacks	No more than a 20% change in the maximum or minimum setback applicable or 5 feet whichever is greater.	Changes to the build-to-zones and setbacks may only occur when they are caused by one or more of the following: i. Need to accommodate existing buildings and structures on the lot that meet the overall intent and vision for redevelopment in the Plan Area; or ii. Need to accommodate other required modes of transportation (transit, bike, pedestrian), storm water drainage, water quality, or low impact development (LID) elements on the site; or iii. Need to accommodate overhead or underground utilities and/or easements; or iv. Need to preserve existing heritage trees on the property, per Article (h) 1 of this Section. This modification is not mandatory for tree preservation, but for the allowance for preservation; or v. Need to provide public amenities along the sidewalk (outdoor dining/seating, larger sidewalk, or other similar public amenities).
2. Required Parking Spaces	Reduction in the number of required parking spaces	Reduction in the number of parking spaces shall be based on one or more of the following: i. A shared parking plan for parking within 300 feet of the subject property; or ii. A parking study for the uses proposed on the site; or iii. A combination of the above.

Table 1. Administrative Modifications Table
Code Standard	Extent of Administrative Modification Permitted	Criteria
b. Other
1. Any other numerical standard in this section	A modification up to 10% (increase or decrease)	i. A modification of a numerical standard is needed to accommodate existing conditions. ii. The proposed development still meets the intent of the section.
2. Phased Developments	Deferment of building frontage standards	i. Phased developments may defer building frontage requirements as long as they meet the build-to-zone and parking setback requirements.

(3)

Nonconforming uses. Nonconforming uses shall meet the standards in section 52-47, Nonconforming Uses, of the Irving Land Development Code, as amended.

(4)

Nonconforming structures and sites. For the purposes of this section, a "nonconforming structure or site" means a structure or site that does not meet the current standards addressed in this section. A nonconforming structure or site may be altered or enlarged, provided that such alteration or enlargement neither creates any new nonconformity nor increases the degree of the existing nonconformity of all or any part of such structure or site. Attachment 2 provides examples of acceptable additions to nonconforming structures in the Heritage Crossing District.

(d)

Definitions. Many terms used in this section are defined in section 52-75 and section 35-1 of the Irving Land Development Code, as amended. Definitions are only included in this section if not defined in the Irving Land Development Code, or if the definition for this section differs from the Irving Land Development Code. In case of a conflict between the definitions under this section and section 52-75 and section 35-1 of the Irving Land Development Code, the definitions in this section shall supersede.

(1)

Administrative modification shall mean a requested modification to Heritage Crossing District standards that complies with the administrative modifications provisions of section (c) (2) - Administration. The director shall have the authority to administratively approve a request for an administrative modification in conformance with subsection (c).

(2)

Arcade shall mean a portion of the main façade of the building that is at or near the property line and a colonnade supports the upper floors of the building. Arcades are intended for buildings with ground floor commercial or retail uses and the arcade may be one or two stories. The ground floor area within the arcade may be conditioned or non-conditioned space. Any habitable arcade space within the public right-of-way shall require legal permission from the city prior to construction.

Images of arcade buildings

(3)

Bed and breakfast shall mean a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than eight (8) rooms for transient guests for compensation.

(4)

Build-to Zone (or "BTZ") shall mean the area between the minimum and maximum front setbacks from the property line. The principal building façade line shall be located within this area.

Illustration indicating the location of the build-to zone relative to the minimum and maximum setbacks and the building façade line

(5)

Building form and site development standards shall mean the standards established for each character zone including but not limited to building placement, building height, parking, service access, and other functional design standards.

(6)

Building façade line shall mean the location of the vertical plane of a building nearest a street frontage.

Section View - Gallery Building Section View - Arcade Building

Building Façade Line Illustrations

(7)

Building frontage shall mean the percentage of a building's façade line that is required to be located within the Build-To Zone as a proportion of the lot's width along the fronting public street. Required driveways, stairs to access entrances, parks, plazas, squares, improved forecourts, and pedestrian breezeway frontages shall count towards the required building frontage.

Image showing building frontage calculation

(8)

Building step-back shall mean the setting back of the building façade line away from the street at a specific floor or height.

Illustration of a building step-back

(9)

Character Zone shall mean an area within the Heritage Crossing District that is intended to preserve and/or create an urban form that is distinct from other areas within the plan area. Character zones are identified in the regulating plan.

(10)

Commercial use or mixed use building shall mean a building in which at least the ground floor of the building is built to commercial-ready standards and any of the floors are occupied by non-residential or residential uses.

(11)

Commercial ready shall mean a ground floor space constructed with appropriate building orientation, entrance and window treatment and floor-to-ceiling height in order to accommodate ground floor retail/commercial uses (including but not limited to commercial, retail, restaurant, entertainment, and lobbies for civic, hotel, or multi-family uses). Standards for commercial-ready frontage are in subsection (g)(3) of this section. Prior to the issuance of a certificate of occupancy for a retail/commercial use in a commercial-ready space, the space must comply with all building and construction codes for commercial uses. The intent of commercial-ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/commercial uses accordingly.

(12)

Complete street shall mean a street that not only accommodates various modes of transportation such as automobiles, transit, bikes, and pedestrians, but also establishes a design context that is conducive for redevelopment along the street.

(13)

Director shall be the planning and community development director or the director's designee.

(14)

Encroachments shall mean any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public right-of-way, or above a height limit.

(15)

Façade area shall mean the surface area of a building's elevation (including all floors) not counting minor indentations fronting a particular street. Ground floor façade area is the surface area of a building's ground floor elevation not counting minor indentations fronting a particular street. Upper floor façade area is the surface area of a building's upper floor elevations not counting minor indentations fronting a particular street.

(16)

Gallery shall mean a roofed promenade or canopy, especially one extending along the wall of a building and supported by arches or columns on the outer side. The gallery space is unenclosed (non-conditioned) space and may be two (2) or more stories tall. Any habitable gallery space within the public right-of-way shall require legal permission from the city prior to construction.

Images of Galleries

(17)

Heritage Crossing District shall mean the zoning designation intended to implement the vision outlined in the previous Downtown Development and Heritage Crossing Redevelopment districts. It facilitates pedestrian oriented, mixed-use, urban infill redevelopment, providing shopping, employment, housing, and business and personal services..

(18)

Heritage crossing regulating plan shall mean the regulating plan shall be reflected on the official zoning map of the city and in Attachment 1 of this section. The regulating plan graphically depicts development standards including character zones, street designations, and special requirement(s) applicable to properties within the Heritage Crossing District.

(19)

Heritage tree shall mean any Post Oak tree(s), Blackjack Oak tree(s), or any tree(s) that is 24"-caliper or greater.

(20)

Live-work unit shall mean a dwelling unit that is also used for work purposes, provided that the "work" component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The "live" component may be located on the street level (behind the work component) or any other level of the building. Live-work Unit is distinguished from a home occupation otherwise defined by the Irving Land Development Code, as amended, in that the work use is not required to be incidental to the dwelling unit, non-resident employees may be present on the premises, and customers may be served on site.

(21)

Multi-unit home shall mean a multi-unit residential building (two (2) to four (4) units) that is designed to appear as a large single-family home from the exterior, but functions as a multi-unit building on the interior. Multi-unit homes have one main front door for the building, but may also have side and rear entries. Parking (as defined in this section)is accessed from an alley or a driveway leading to the rear of the lot. Parking may not face a public right-of-way.

Images of multi-unit homes

(22)

Numerical standard shall mean any standard that has a numerical limit (minimums and maximums) or value as established within both the text and graphic standards of the Heritage Crossing District.

(23)

Parking setback line shall mean the distance that any surface parking lot is to be set back from either the principal building façade line or property line along any street frontage (depending on the specific standard in the character zone). Surface parking may be located anywhere behind the parking setback line on the property.

Illustration of a parking setback line

(24)

Primary entrance shall mean the main entrance located along the front of a building facing a street or sidewalk that provides access from the public sidewalk to the building. It is different from a secondary entrance which may be located at the side or rear of a building providing private-controlled access into the building from a sidewalk, parking or service area.

(25)

Public space shall mean publicly-accessible open space in the form of parks, courtyards, forecourts, plazas, greens, playgrounds, squares, etc.

(26)

Residential use building shall mean a building that is built to accommodate only residential uses on all floors of the building such as a detached single-family home, attached single-family home (i.e. townhome), two- or three-family home (i.e. duplex, triplex), multiple family (four (4) or more), apartment building (under single ownership or under multiple owners within a condominium regime).

(27)

Service-related uses shall mean parking access, garbage/trash collection, utility meters and equipment, loading/unloading areas, and similar uses which support the principal use on a lot.

(28)

Street screen shall mean a freestanding wall, living fence, or combination fence built along the frontage line or in line with the building façade along the street. It may mask a parking lot or a loading/service area from view or provide privacy to a side yard and/or strengthen the spatial definition of the public realm.

(e)

Schedule of permitted uses.

(1)

Applicability. Due to the emphasis on urban form over land uses in the Heritage Crossing District, general use categories have been identified by character zone (Table 2).

Table 2. Heritage Crossing District Land Use Table
P = Permitted — = Prohibited P/AC = Permitted with Additional Criteria
	Character Zones
Uses	Transit Mixed-Use (TMU)	Corridor Mixed-Use (CMU)	Neighborhood Mixed-Use (NMU)	Additional Criteria
a. Residential Uses
1. Duplex	—	P	P
2. Multi-family residential (greater than 8 units)	P/AC	P/AC	—	Ground Floors along Main Street and Irving Boulevard shall be built to Commercial Ready Standards.
3. Multi-unit home (2 to 4 units)	—	P/AC	P/AC	i. Building shall be designed to appear as one home with one front door. ii. Additional doors may be used on the side and rear to meet required access. iii. Parking shall be located in the rear of the lot and shall be accessed from an alley or by a driveway leading to the rear.
4. Multi-unit residential (5 to 8 units)	P/AC	P/AC	—
5. Single-family residential (Detached)	—	P/AC	P	Allowed adjacent to 6th Street or South of 6th Street and South of 2nd Street.
6. Townhouse	P/AC	P	P	Used for transition from existing single-family detached areas.
b. Commercial uses
1. Admin and business offices	P	P	P
2. Art gallery	P	P	P
3. Art workshop	P	P	P
4. Bed & breakfast	—	P	P
5. Business or trade school	P	P	—
6. Commercial off-street parking	P/AC	P/AC	—	New surface parking lots shall be permitted as an interim use of property if they are the primary use of property and part of a phased development.
7. Construction sales and services	—	P	—
8. Financial services/depository	P	P	—
9. Food preparation/catering	P	P	—
10. Funeral services	P/AC	P/AC	P/AC	i. Pick-up and drop-off lanes, storage of vehicles, service areas, and drive through facilities shall NOT have direct frontage along Main Street, Irving Boulevard or 2nd Street. ii. All such areas along other streets shall be screened with a required street screen (see subsection (h) 2 of this section for standards).
11. General retail sales	P	P	—
12. Grocery store	P	P	—
13. Hotel/motel	P	P	—
14. Commercial amusement - Indoor	P	P	—
15. Commercial amusement - Outdoor	P	P	—
16. Laundromat/dry cleaning	P	P	—
17. Medical offices - greater than 3,000 SF (including wellness clinics)	P	P	—
18. Medical offices — 3,000 SF or less (including wellness clinics)	P	P	P
19. Pawn shop services	P	P	—
20. Printing and publishing	P	P	—
21. Professional office	P	P	P
22. Restaurant	P	P	P
23. Vehicle rentals	—	P/AC (east of Britain only)	—	i. Drive through lanes, service bays, and/or gas station canopies shall meet the design standards in section (g), Building Design Standards of this code. ii. Outdoor storage of vehicles or other products sold shall NOT have direct frontage along pedestrian frontages. Outdoor storage of vehicles and/or other products sold shall be screened with a required street screen along General Streets (see subsection (h)2 of this section for standards).
24. Vehicle repair services	—	P/AC (east of Britain only)	—
25. Vehicle sales	—	P/AC (east of Britain only)	—
26. Vehicle washing (of any type)	—	P/AC (east of Britain only)	—
27. Veterinary services	P	P	—
28. Any use with a drive through window or drive up service (including banks and financial institutions; pharmacy; dry cleaning and pressing shop; funeral homes and mortuaries; retail store; restaurant)	P/AC	P/AC	—	i. Drive through or drive-up facilities shall meet the design standards in section (g)(4) of this code.
c. Civic uses
1. Assisted living	P	P	—
2. Club or lodge	P	P	P
3. College or University facilities	P	P	P
4. Communication service facilities	P	P	P
5. Counseling services	P	P	P
6. Day care services	P/AC	P/AC	P/AC	Drive through, driveway, stacking, loading and parking plan subject to site plan approval.
7. Governmental uses	P	P	P
8. Hospital services	P	P	—
9. Local utility service	P/AC	P/AC	P/AC	i. Outdoor storage of fleet vehicles, service areas, utility boxes and equipment shall NOT be permitted located along Main Street, Irving Boulevard or 2nd Street. ii. All such areas along other streets shall be screened with a required street screen (at least as high as the equipment being screened) (see subsection (g) of this section for standards).
10. Maintenance & service facilities	P/AC	P/AC (east of Britain only)	—
11. Major utility facilities	P/AC	P/AC (east of Britain only)	—
12. Museum, art gallery and related cultural services	P	P	P
13. Park & recreation services	P	P	P
14. Postal facilities	P	P	P
15. Private education/charter school	P/AC	P/AC	P/AC	Drop off and loading study required in site plan process
16. Public education	P/AC	P/AC	P/AC	Drop off and loading study required in site plan process
17. Community garden	P	P	P
18. Railroad facilities	P	—	—
19. Religious assembly	P	P	P
20. Telecommunication tower	P/AC	P/AC	P/AC	Subject to Sec. 52.32d of the Irving Land Development Code and located on top of a building or architectural component only
21. Transportation terminal	P	P	—
d. Industrial Uses
1. Manufacturing	P	P (east of Britain only)	—
2. Warehousing	P	P (east of Britain only)	—
e. Other uses
1. Sexually-oriented businesses	—	—	—
2. Non-depository financial institutions	—	—	—

(f)

Building form and site development standards.

(1)

All parcels within the Heritage Crossing District are assigned to one (1) of three (3) character zones:

Transit Mixed-Use (TMU)

Corridor Mixed-Use (CMU)

Neighborhood Mixed-Use (NMU)

(2)

In addition to standards that apply to all character zones, building form and site development standards applicable to each character zone are described below in subsections (f)(10), (f)(11), and (f)(12).

(3)

The images and graphics in the first subsection of each character zone standards are provided for illustrative purposes only. Refer to the standards in the following subsections for the specific building form and site development standards.

(4)

The graphics used to illustrate the building form and development standards in each character zone are not intended to indicate exact conditions within each character zone. Rather, illustrations are conceptual and standards are to be applied based on the specific frontage types designated along the subject property or site. For example, a specific site may not have frontages along all streets as indicated in the illustrations and only the standards applicable to designated building frontages on the property should be used. In addition, the illustrations may depict other site elements to establish context and only the standards regulated by the specific subsection shall apply. For example, the building placement graphics may depict sidewalks for context purposes only and the graphic should only be used to establish standards for building placement on the site. Building form graphics in this section are NOT TO SCALE .

(5)

Parking and service access.

Location of parking (both structured and surface) shall be per the character zone specific building form standards found in subsections (f)(10), (f)(11), and (f)(12).

Minimum required off-street parking spaces shall be provided per Table 3.

Table 3. Parking Ratios
Character Zone	TMU	CMU	NMU	Additional Criteria
Min. Off-Street Vehicular Parking Requirement
All Non-Residential uses and ground floor Commercial-Ready spaces	1 space per 500 sq.ft. of building area	1 space per 300 sq.ft. of building area	1 space per 350 sq.ft. of building area	1. Off-site parking may be provided per sec. 52-36 of the Irving Land Development Code. 2. Landscaping within surface parking lots shall meet standards in the Irving Land Development Code. 3. A shared parking plan or alternative parking plan may be approved by the director as an administrative modification. 4. On-street parking located along the subject block on any public street adjacent to the property may be counted towards the required off street parking. 5. No off-street parking required for retail, restaurant, or office uses on Main Street between Rock Island and Third Street.
Multi-Unit Residential (5 to 8 units) and Multi-Family Residential (greater than 8 units)	1 space per dwelling unit	1 spaces per dwelling unit	1.5 spaces per dwelling unit
Lodging	0.5 space per lodging room
Single-Family Residential, Townhouse, Multi-Unit Home (2 to 4 units)	2 space per dwelling unit	2 space per dwelling unit	2 spaces per dwelling unit
Min. Bicycle Parking Requirement (in Addition to Vehicular Parking)
All uses	1 space required for every 10 provided automobile spaces (Minimum of two)	1 space required for every 10 provided automobile spaces (Minimum of two)	not required	Location of bicycle parking: For retail and commercial ready buildings, 25% of all provided bicycle parking shall be located within 50 feet of a primary building entrance. Location shall be accessible from a public sidewalk.

Driveway and service access.

Along Main Street, Irving Boulevard and 2nd Street: driveway spacing shall be limited to one (1) driveway per each block face or per two hundred (200) feet of block face for blocks greater than 400 feet in length, including any existing alleys.

Shared driveways, joint use easements or joint access easements shall be required for adjoining properties when driveway and service access is off of Main Street, Irving Boulevard or 2nd Street.

Service and loading/unloading areas shall be screened per standards in subsection (g)(4).

Front-loaded garages on residential lots less than forty (40) feet wide shall not be allowed. Townhomes shall utilize garages with access from alleys.

The director may administratively grant exceptions to the provisions of this section in cases where the director determines meeting the provisions of this section are impractical or represent an unreasonable hardship.

(6)

Street screen requirements.

Any lot frontage along Main Street, Irving Boulevard and 2nd Street with surface parking shall be defined by a Street Screen. This required Street Screen shall be located at the street edge of the Build-to Zone. Refer to the subsection (h) in this section for other specifications.

(7)

Measuring heights.

Chimneys, vents, elevators, stair enclosures, cupolas, domes, steeples, screened HVAC equipment, other mechanical enclosures, tanks, solar energy systems, and similar elements are exempt from the height limit. Mechanical and utility equipment shall be set back from the façade line in order to minimize visibility from the street.

Internal building height shall be measured from finished floor to the bottom of the structural members of the ceiling.

Floor-to-floor heights shall not apply to parking structures, government, educational, or religious buildings.

(8)

Encroachments and overhangs.

Encroachments into public right-of-way by canopies, awnings, temporary barriers or patio dining shall require legal permission of the city and shall meet the following criteria.

Maximum of fifty (50) percent of the depth of the sidewalk or ten (10) feet (whichever is less).

Minimum vertical clearance from the finished sidewalk shall be eight (8) feet.

In no case shall an encroachment be located over an on-street parking or travel lane.

Outdoor dining may also be placed on the sidewalk as long as ADA required clear space is maintained.

Overhangs within required setbacks: Canopies, awnings, galleries, and balconies may be within any required setback areas per standards established in each character zone as long as the vertical clearance is a minimum of eight (8) feet from the finished sidewalk elevation.

(9)

Phased developments. Due to the infill nature of development within the Heritage Crossing District, certain building form and site development standards may be deferred for phased development projects meeting the following criteria:

Submission of a site plan that illustrates how development and any related private improvements will be phased over time. Each phase of the site plan shall independently comply with all applicable standards of the Heritage Crossing District unless an administrative modification is granted.

Required private landscaping and open space amenities must also be phased with the building.

(10)

Corridor Mixed-Use Zone (CMU).

(a)

Illustrations and intent. The Corridor Mixed-Use Zone creates a vibrant, mixed-use area that leverages Irving Boulevard/Second Street as "context sensitive streets" supporting multimodal traffic, linking other regional destinations and promoting economic development. The Corridor Mixed-Use area will serve as the primary neighborhood commercial activity area for the local community.

(b) Building Placement

(i) Build-to Zones (BTZ) and Setbacks (Distance from property line to edge of the zone)
1. Front: Along Main Street, Irving Boulevard and 2nd Street	0 foot min. setback - 25 foot max. setback	A
2. Front: Along all other streets	0 foot min. setback - 30 foot max. setback 75 foot max ;eo;setback if parking is in front	B
3. Side	0 foot min. setback; no max. setback	C
4. Rear	0 foot min. setback; no max. setback	D

(c) Building Height
	(i) Principal Building Standards
	1. Building maximum	■ 3 stories or 45 feet (whichever is less)	A
	2. First floor height	■ 12 foot min. for all buildings along Main Street, Irving Boulevard and 2nd Street ■ 10 foot min. for all other streets	B
	3. Upper floor(s) height	■ 9 foot min.	C
	(ii) Accessory Building Standards
	1. Accessory buildings shall meet the standards for principal building standards in the Corridor Mixed-Use Zone.

(d) Parking & Service Access
(i) Surface Parking Setbacks (with new buildings)

	1. Main Street, Irving Blvd. and 2nd Street	■ Shall be located behind the principal building along that street frontage.	A
		■ 3 feet behind the building façade line along that street.	B
		■ See subsection (h) for screening requirements.
	2. All other streets	■ Shall be located behind the principal building along that street frontage.	C
		■ If no building is located along the street frontage; then surface parking shall be setback a minimum of 3 feet from the property line.
	3. Side	■ 0 foot min.	D
	4. Rear/Alley	■ 0 foot min. from property line or alley edge	E

(11)

Transit Mixed-Use Zone (TMU).

(a)

Illustrations and intent. The Transit Mixed-Use Zone creates opportunities for local small scale, in-line retail and restaurant, and medium scale urban residential (apartments, townhouses, multi-unit homes, live-work) development. It also takes advantage of the proximity to the Trinity Railroad Express Station by creating shared parking opportunities and focusing on urban residential, without mandating ground floor retail.

(b) Building Placement

(i) Build-toZones (BTZs) and Setbacks (Distance from property line to edge of the zone)
1. Front	5 foot min. setback - 30 foot max. setback 75 foot max setback if parking is in front	A
2. Side	0 foot min, no max. setback	B
3. Rear	0 foot min.; no max. setback	C

(c) Building Height
	(i) Principal Building Standards
	1. Building maximum	■ 6 stories or 75 feet (whichever is less)	A
	2. First floor height	■ 12 foot min. for all buildings facing a public space. ■ 10 foot min. for all other frontages.	B
	3. Upper floor(s) height	■ 9 foot min.	C
	(ii) Accessory Building Standards
	1. Accessory buildings shall meet the standards for principal building standards in the Transit Mixed-Use Zone.

(d) Parking & Service Access
(i) Surface Parking Setbacks

	1. Street Frontage	■ Shall be located behind the principal building along that street frontage.; or	A
		■ Min. 3 feet behind the building façade line along that street	B
		■ See subsection (h) for screening requirements.
	2. Side	■ 0 foot min.	C
	3. Rear	■ 0 foot min from property line or alley edge	D
(ii) Structured Parking or Below Grade Parking Setbacks

	1. Primary façade	■ Shall be located behind the principal building along that street frontage; or
		■ Ground floor: min. of 30 feet from the property line	E
		■ Upper floors: may be built up to the building façade line
	2. Secondary Façade	■ May be built up to the building façade line; or
		■ If no building is located along the street frontage; then the structured parking shall meet the minimum setback standards along that facade.
	3. Side	■ 0 foot min	F
	4. Rear	■ 0 foot min at property line or alley edge	G
	(iii) Partially Below Grade Parking
	1. May be built up to the building façade line along all streets

(12)

Neighborhood Mixed-Use Zone (NMU).

(a)

Illustrations and intent. The Neighborhood Mixed-Use Zone is intended to provide for a range of small scale residential uses (single family, low-density apartments, live-work, townhomes, multi-unit homes, etc.) in low intensity development at key locations. It also provides for a mix of home occupation, low-impact office and neighborhood services within the zone.

(b) Building Placement

(i) Build-to Zones (BTZs) and Setbacks
1. Front	10 foot min. setback; no max. setback	A
2. Side Adjacent to Single-Family detached residentially zoned lot	5 foot min. setback; no max. setback	B
3. Rear Adjacent to Single-Family detached residentially zoned lot	5 foot min. setback; no max. setback	C

(c) Building Height
	(i) Principal Building Standards
	1. Building maximum	■ 3 stories or 45 feet (whichever is less)	A
	2. First floor height	■ 10 foot min. for all frontages	B
	3. Upper floor(s) height	■ 9 foot min.	C
	(ii) Accessory Building Standards
	(a) Shall be regulated per city standards for accessory buildings

(d) Parking & Service Access
(i) Residential Parking Setbacks

1. All Frontages	■ Shall be located behind the principal building along that street frontage; or	A
	■ Min. 3 feet behind the building façade line along that frontage; 22 foot minimum from the property line	B
2. Side / Rear	■ 5 foot max; no parking permitted on driveway, or	C
	■ 22 foot min; parking permitted on driveway	D

(e)

Building design standards.

(1)

Building Orientation and Entrances for Commercial Use, Mixed-use and multi-Family Buildings.

Buildings shall be oriented towards Main Street, Irving Boulevard and 2nd Street, where the lot has frontage along those streets. If a building has no frontage along these streets, then it shall front a street or civic space.

Primary entrances to buildings shall be located on the street along which the building is oriented. At intersections, corner buildings may have their primary entrances oriented at an angle to the intersection. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from parking areas or alleys.

Primary Entrance Design: Primary building entrances along pedestrian frontage shall consist of at least two of following design elements so that the main entrance is architecturally prominent and clearly visible from that street:

Architectural details such as arches, friezes, awnings, canopies, arcades, tile work, murals, or moldings; or

Integral planters or wing walls that incorporate landscape or seating elements; or

Prominent three-dimensional, vertical features such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets; or

A repeating pattern of pilasters projecting from the façade wall by a minimum of eight inches or architectural or decorative columns.

Figure showing required building orientation and location of primary entrances

Examples of Primary Entrance Designs

(2)

Façade Composition.

Commercial Use, Mixed use, and Multi-family Buildings.

Facades greater than 60 feet in length along Main Street, Irving Boulevard and 2nd Street (West of Britain) shall meet the following façade articulation standards.

(i)

Include facade modulation such that a portion of the facade steps back or extends forward with a depth of at least 24 inches; and

(ii)

The distance from the inside edge of a building projection to the nearest inside edge of an adjacent projection shall not be less than 20 feet and not greater than 60 feet.

Images showing examples of appropriate building articulation

Façade Transparency Requirements.

(i)

All facades shall meet the minimum requirement for façade transparency (percentage of doors and windows) as established in Table 4 below. Ground floor windows and doors along Main Street, Irving Boulevard, 2nd Street facades shall have a rated visible transmittance (VT) of 0.6 or higher.

Table 4. Required minimum window requirement by use
Use and Floor	Requirement
Commercial Use or Mixed Use Buildings
Ground Floor	40% (min.)
Upper Floor(s)	20% (min)
Residential Use Buildings
Ground Floor	20% (min.)
Upper Floor(s)	15% (min.)

Images showing appropriate transparency required along pedestrian frontages

Single-family Residential Use Buildings.

At least one of the following shall be added along single-family residential use building facades to add pedestrian interest along the street:

(i)

Porches;

(ii)

Stoops;

(iii)

Eaves; or

(iv)

Balconies.

Windows and doors. All building facades of single-family residential use buildings shall meet the transparency requirements established in Table 4.

Residential buildings with porches, fencing, balconies, and stoops to add interest along the street.

(3)

Commercial-ready Standards for Commercial Use, Mixed-use and Multi-family Use Buildings.

Ground floors of all buildings within Corridor Mixed-Use Zone along Main Street, Irving Boulevard and 2nd Street shall be built to commercial-ready standards. Such ground floor space shall be constructed to accommodate, at a minimum, commercial uses. In addition, the following standards shall apply:

An entrance that opens directly onto the sidewalk according to subsection (g)(1);

A height of not less than 12 feet measured from the entry level finished floor to the bottom of the structural members of the ceiling;

Minimum leasable width of 20 feet wide;

A front facade that meets the window glazing requirements; and

Off-street surface parking shall be prohibited between the sidewalk and the building along Main Street, Irving Boulevard and 2nd Street (west of Britain).

Illustration showing application of Commercial Ready Frontage Requirements

(4)

Design of Automobile Related Building and Site Elements.

Where permitted under subsection (e), drive-through lanes, auto-service bays, and gas station canopies for commercial uses shall not be located with frontage along Main Street, Irving Boulevard and 2nd Street (west of Britain). Drive-through lanes may be permitted along all other streets or alleys. Drive-through lanes, auto-service bays, and gas station canopies shall be hidden behind a 3 feet high street screen along all streets.

No more than 60% of a lot's frontage along a street may be dedicated to drive through lanes, canopies, service bays, and other auto-related site elements. There shall be no such limitation along alleys.

Image illustrating the appropriate design of auto-related site elements along streets other than Main Street, Irving Boulevard and 2nd Street (west of Britain)

Any automobile-related retail sales or service use of a site or property shall have a primary building entrance along its frontage.

Drive through access may be from a street only if the lot has no access to any alley frontage.

Image illustrating the appropriate design of retail/restaurant drive-throughs (Corner Lot)

All off-street truck loading and unloading areas shall be screened using a street screen that is at least as tall as service equipment. The street screen shall be made up of (i) a living screen or (iii) a combination living and primary building material screen.

(5)

Design of Parking Structures.

The amount of street frontage devoted to a parking structure shall be minimized by placing the shortest dimension(s) of the parking structure along the street edge(s).

Where above ground structured parking is located at the perimeter of a building with street frontage, it shall be screened in such a way that cars on all parking levels are appropriately screened from view. Architectural screens shall be used to articulate the façade, hide parked vehicles, and shield lighting. Parking garage ramps shall not be visible from any street.

Illustrative Examples of Parking Garage Screening

Garage parking in a multi-story building shall be behind storefronts or residential units facing any street frontage in order to substantially inhibit and shield views of the garage from adjacent streets.

Ground floor façade treatment (building materials, windows, and architectural detailing) shall be continued to the second floor of a parking structure along all streets.

Images showing required façade treatment of parking garages along streets

When parking structures are located at street intersections, corner emphasizing elements (such as towers, pedestrian entrances, signage, glazing, etc.) shall be incorporated.

Parking structures and adjacent sidewalks shall be designed so pedestrians and bicyclists are clearly visible (through sight distance clearance, signage, and other warning signs) to entering and exiting automobiles.

Images showing appropriate design of Parking Structures

(h)

Landscape Standards.

(1)

Heritage Tree Preservation.

Preservation of existing trees that are twenty-four (24) inch caliper or larger is a high priority and is considered essential in both new development and redevelopment. Developers will be provided a 1.5 to one (1) credit toward the landscaping requirement for new development for preservation of such trees; i.e. keeping one (1) twenty-four (24) inch caliper tree counts towards planting thirty-six (36) inches of new trees. Post Oak and Blackjack Oak trees are considered relic trees worthy of additional protection. Developers will be provided a two (2) to one (1) credit toward the landscaping requirement for new development for preservation of Post Oak and Blackjack Oak trees of at least six (6) inch caliper.

Prior to development or redevelopment of any property, the developer shall prepare and submit to the city a detailed tree survey of the property indicating the location, size, and species of all existing trees six (6) inch caliper or larger measured twelve (12) inches above grade. The developer shall also provide a site plan showing the proposed development overlaying the tree survey indicating which trees are proposed to be removed and which trees will be preserved, along with a table indicating the number of trees and caliper inches proposed to be removed and proposed to be preserved.

Where practical and reasonable, existing trees shall be preserved. Where it is not practical or reasonable, a tree may be removed if it is in the footprint of a new building or the driveway or parking area of the new building. Trees outside those areas shall be preserved, and if damaged during construction, or if they die within two (2) years of construction, shall be replaced in addition to the required landscaping on the site, with an equal number of caliper inches at the same location if practical or other locations within the Heritage Crossing area. If a developer attempts to preserve a tree within five (5) feet of the building, driveway or parking area, or within an easement or within five (5) feet of an easement, no credit will be given, but mitigation will not be required if the tree fails to survive.

An existing tree that is approved for removal shall not be removed from the property until a building permit has been issued, and development of the site is imminent as evidenced by executed construction-related contracts or other documents acceptable to the director. If a protected tree is removed contrary to the provisions of this subsection (h), the owner of the property from which the tree was removed shall make a payment into a special city account to be known as the Heritage Crossing District Tree Fund. The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived by the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree and Landscape Appraisers, unless another publication is designated by the Director. If more than one (1) tree is removed, the values of the trees are added when calculating the payment required. The required payment diminishes equally within each inch replaced through the following alternative approach: the owner of the property from which a tree was removed may mitigate the loss of the tree by the planting of an equal number of caliper inches of new trees with a minimum caliper of six (6) inches each at a location approved by the director within the boundaries of the Heritage Crossing District.

(2)

Screening Standards.

Street Screen Requirements. Any frontage along Main Street, Irving Boulevard and 2nd Street (west of Britain) with surface parking at the Build-to Zone shall have a street screen that has a minimum height of three (3) feet and a maximum height of four (4) feet. Furthermore, along all streets (except alleys), service areas shall be screened in such a manner that the service area shall not be visible to a person standing on the property line on the far side of the adjoining street. Required street screens shall be of one of the following:

(i)

The same building material as the principal structure on the lot; or

(ii)

A vegetative screen composed of shrubs planted to be opaque at maturity; or

(iii)

A combination of the two.

The required street screen shall be located at the minimum setback line along the corresponding frontage.

Street screens cannot block any required sight triangles along a cross street or driveway.

Street screens may include breaks to provide pedestrian access from any surface parking or service area to the public sidewalk.

Illustration showing required street screen along all frontages without a
building within the BTZ

All roof mounted mechanical equipment (except solar panels) shall be screened from view of a person standing on the property line on the far side of the adjoining street. The screening material used shall be the same as the primary exterior building material used.

Illustration showing required screening of roof and ground mounted equipment

(i)

Changes to Nonconforming Structures.

(1)

The following illustrations shall provide guidance to property owners on the allowed and prohibited modifications to existing nonconforming structures and sites within the Heritage Crossing District.

Allowable additions. The following illustrations show potential allowable additions to nonconforming structures and sites. Additions shall meet the build-to-zone standards of the character zone they are located in.

Non-allowable additions. The following illustrations show potential non-allowable additions to nonconforming structures and sites since the additions do not comply with the build-to zone standards of the character zone.

(Ord. No. 7244, § 1, 5-7-98; Ord. No. 7272, § 1, 6-18-98; Ord. No. 7312, § 1, 8-27-98; Ord. No. 8704, §§ 4—7, 9-21-06; Ord. No. 8947, § 4, 5-1-08; Ord. No. 2016-9883, § 2, 11-10-16)

                    
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