§ 52-32g. Transit oriented development district.  


Latest version.
  • (a)

    Applicability: The transit oriented development district may be approved for any property within the corporate limits of the city any portion of which is generally within one-half (½) mile of any existing or proposed light rail transit line station or commuter rail transit line station. In addition, the planning and zoning commission and city council may consider on an individual basis any property within one-half (½) mile of an existing or proposed area personal transit (APT) system line station for inclusion into a transit oriented development. This district shall provide for the use of transit oriented development in accordance with the following guidelines.

    (b)

    Purpose: The purposes of the transit oriented development district are to (1) provide guidelines for the development of property near rail transit line stations to maximize the transit opportunities and use of those facilities, and (2) provide an expedited approval process for developments that comply with these guidelines.

    (c)

    Definition: For purposes of this section, transit oriented development shall be a development project that includes the following elements:

    (1)

    Moderate to higher density residential uses,

    (2)

    Located within a one-half (½) mile of an existing or proposed rail transit line station location,

    (3)

    Includes a mix of uses such as residential, retail, restaurant, office, hotel, entertainment, and open space,

    (4)

    Designed to encourage pedestrian activities, and

    (5)

    Shaped by transit relative to the mix and location of uses, building orientation, parking facilities, and density.

    (d)

    Criteria for designation as a transit oriented development: The following criteria shall be used to determine whether a proposed development is considered to be transit oriented and thus eligible to receive transit oriented development district zoning:

    (1)

    The focus is on the overall development and the relationship to transit opportunities, not on the design of the individual components.

    (2)

    The transit station is shown to be a portal to the surrounding region, not just to the immediate area of the station. Connectivity to the surrounding area should be provided to attract others who can utilize both the transit service as well as the surrounding retail and office facilities. The streetscape going to and from the transit station is a key component.

    (3)

    The transit station should be a primary focus of the development with everything else radiating out from it, rather than pushed to the side.

    (4)

    There should be a master development plan of all the contiguous property owned by any one entity that shows both residential and nonresidential development with appropriate phasing. The master development plan should also show how the proposed transit oriented development relates and connects to adjacent properties to allow for continuation of streets, open spaces, pedestrian connections, utilities, and other features at the common property lines.

    (5)

    Every building does not need to be mixed use - single use is acceptable as long as the overall development includes mixed uses within short walking distances.

    (6)

    Buildings nearest the transit station and along the pedestrian access ways should have minimal setbacks and wide sidewalks which can accommodate outside dining, street vendors, public art, and sitting areas. Farther away from the transit station, traditional setbacks can be transitioned in.

    (7)

    The highest densities should be closest to the transit station, with densities gradually decreasing with more distance from the station.

    (8)

    Minimum density should be at least sixty (60) dwelling units per acre nearest the transit station.

    (9)

    Open space, civic areas, and public amenities must be included in recognition of the higher densities which create the need for the open space. These can also serve as destination points within the development for residents.

    (10)

    Access and circulation for pedestrians as well as vehicles is provided throughout the development. The pedestrian environment should be attractive and comfortable with buildings framing public spaces, safe lighting, street trees, and awnings, canopies or other types of shade producing features.

    (11)

    Pedestrian connections and easy access to the transit station must be included and should not be overlooked when focusing on the buildings and other details.

    (12)

    Pedestrian access also includes bicycles, skaters, and small scooters. Walking and riding trails parallel to the rail should be provided whenever possible.

    (13)

    Not all pedestrian routes have to be parallel to streets - short cuts through open space or between buildings are acceptable.

    (14)

    Pedestrian underpasses and/or overpasses should be provided underneath or over all major thoroughfares to eliminate the roadway barrier separating the transit station from a nearby area such as an employment center, university, retail area, civic area, residential neighborhood, or other attraction.

    (15)

    Vehicle facilities must not dominate the pedestrian facilities.

    (16)

    Open surface parking lots are strongly discouraged. Head-in or parallel parking along internal driveways is acceptable.

    (17)

    Ground floor level garage parking within a multistory building must be behind storefronts or ground floor level residential units, and not directly adjacent to the sidewalk.

    (18)

    Bicycle parking facilities are required.

    (e)

    Building design guidelines: Transit oriented residential development shall include the following requirements:

    (1)

    Residential development shall have a minimum density of sixty (60) dwelling units per acre or be within a building a minimum of five (5) stories tall if adjacent to the transit station. The density may be decreased with distance from the station as long as the overall density of the portion of the entire development within one-half (½) mile of the transit station is at least forty (40) dwelling units per acre.

    (2)

    Residential occupancies may be allowed on the first floor of a building if retail, office, or other nonresidential uses are existing or proposed on the immediately adjacent property, or across the street.

    (3)

    All buildings shall comply with the following building design and material guidelines:

    a.

    Building massing and height: Restrictions on minimum building height are intended to assure a minimum level of urbanity and building intensity within a transit oriented development. Buildings should be designed to allow relatively simple modifications to accommodate changing uses and occupancies over time without having to be demolished or rebuilt. The following restrictions shall apply:

    1.

    Minimum building height (predominantly residential buildings): Forty-five (45) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

    2.

    Minimum building height (predominantly non-residential buildings): Five (5) stories, or sixty-five (65) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

    3.

    Minimum building height (civic/public/cultural buildings, exclusive of transit uses): Thirty-five (35) feet above finished sidewalk grade to mid-line of roof structure or top of parapet (pertains to seventy (70) percent of each property).

    4.

    Parking garage massing: Parking garages are excluded from minimum height restrictions but are encouraged to be enclosed by the development they serve, out of public view.

    5.

    Building corner treatments: Buildings shall reinforce a strong corner condition at street intersections. Angled corner clips (or other building conditions which do not form a protruding corner) are not permitted at street intersections, but may occur up to twice within the same block (between street intersections). Buildings shall be designed in accordance with City of Irving required traffic visibility triangles without compromising the corner design.

    6.

    Maximum building length: Buildings shall not exceed four hundred (400) feet in length unless separated by a building break twenty-four (24) feet minimum in length with any connector being a minimum of twenty-four (24) feet behind the front facade.

    7.

    Building articulation: Building facades are encouraged to have massing changes and architectural articulation that provide visual interest and texture along the street corridor. This articulation should not be applied evenly across the building facade, but rather gathered together to create a hierarchical design impact. There shall not be more than forty-five (45) linear feet of unarticulated, blank wall facing any street or public improvement.

    8.

    Minimum residential windowsill height: The sill of windows within ground floor residential units are encouraged to be a minimum of fifty-four (54) inches above finished sidewalk grade. Bedroom windows are also encouraged to meet this exterior sill height as long as building code requirements are met.

    b.

    Material and color requirements: The material and color requirements described herein are intended to provide a uniform character and complimentary material relationship between buildings and promote the perception of strength and permanence of each building, while maintaining appropriate variety for design flexibility.

    1.

    Primary cladding materials: The primary cladding material on exterior facades (excluding private courtyards) shall be masonry including brick, finished concrete, stone (natural and manmade), and cementitious stucco. Concrete masonry unit products are permitted within the first two (2) floors only, but must have an architectural finish surface such as split-faced, rusticated, etc.

    2.

    Dominant primary cladding material: No one (1) primary cladding material may comprise more than eighty (80) percent of a building's facade. Cementitious stucco may not comprise more than fifty (50) percent of a building's facade that faces a public street.

    3.

    Primary cladding material combination: No more than two (2) primary cladding materials (excluding glass windows) may be used on a building facade, with one material being dominant. Additional materials (classified as secondary cladding materials) may be used on a special architectural feature such as a tower, corner element, primary entrance articulation, etc., with a maximum of one (1) special feature per building facade. The following materials are prohibited for use as secondary cladding:

    (i)

    Architectural foam detailing.

    (ii)

    EIFS.

    (iii)

    Natural or simulated wood siding (concrete "hardy board" or its equivalent may be used on the fourth floor and above).

    (iv)

    Exposed aluminum siding.

    (v)

    Plastic and vinyl siding.

    (vi)

    Wood roof shingles.

    4.

    Windows and glass: Glass may not comprise more than sixty (60) percent of a building facade. Reflective, mirrored, and spandrel glass are not permitted.

    5.

    Total allowable exterior material combination: No more than five (5) exterior building materials (excluding roof material, but including primary and secondary cladding, and glass) may be used on any building.

    6.

    Material transition around corners: The dominant primary cladding material shall extend around the corner to a building massing break located not less than ten (10) feet from the building corner and then extending back a minimum of two (2) feet from the terminating face.

    7.

    Accent features: The following accent features add detail and are encouraged in the design of building facades:

    (i)

    Overhangs/eaves.

    (ii)

    Pilasters.

    (iii)

    Cornices.

    (iv)

    String courses.

    (v)

    Window sills.

    (vi)

    Lintels.

    (vii)

    Rustication.

    8.

    Attachments: Railings and walls attached to buildings shall complement primary building design, materials, and colors.

    9.

    Accent colors: Accent colors shall be selected to complement the dominant building color, and may be applied to window mullions, cornices, and other architectural elements.

    c.

    Building programming: The following building programming requirements have been designed to create buildings that are pedestrian-oriented, take advantage of mixed-use opportunities, and engage their streetscape environment.

    1.

    Sidewalk entries: Sidewalk entries to buildings shall occur at a maximum of every three (3) ground level units or seventy-five (75) feet for retail/commercial frontages. ADA requirements shall be met by internal ramping.

    2.

    Sidewalk entry hierarchy: Entrances into residential buildings are encouraged to follow a hierarchy of sizes and functions as follows:

    (i)

    Carriage way — A centrally located twelve-foot wide entrance at sidewalk level for visual and direct access to a private courtyard.

    (ii)

    Secondary entry — A six-foot wide entrance with ornamental entrance gate and defined by a stoop with low cheek walls and planters at the sidewalk. Mailboxes, bike racks, and trash receptacles should be grouped around these secondary entries.

    (iii)

    Other entries — Home office and retail storefront entries which are either at grade or stooped shall be sized to accommodate specific requirements of the individual space.

    3.

    Balconies: Balconies may be used in all types of development. Painted architectural metal railings are encouraged.

    4.

    Retail/commercial requirement: All residential developments are encouraged to provide ground floor area for retail/commercial uses. Although these spaces may currently be used for residential units/office use, they should be designed for easy conversion to retail/commercial uses and furthermore be constructed to commercial standards. Where provided, ground floor area for nonresidential uses shall be constructed to nonresidential construction standards to a depth of a minimum of thirty (30) feet. Leasing offices, fitness centers, and related accessory uses in residential developments may count toward meeting this requirement. The retail/commercial feature may be excluded if retail/commercial uses exist or are being developed either across the street from the residential building or on the property immediately adjacent to the residential building.

    d.

    Exterior illumination: Exterior illumination discourages "dead spaces" within an urban environment. Because transit oriented development is pedestrian-oriented, illumination of buildings is encouraged to promote the safety and visual experience of all pedestrians while providing an architectural opportunity to highlight the transit oriented development area as inherently unique. Accent illumination is encouraged across all exterior building walls and for all walkways.

    e.

    Parking areas: The purpose of parking area requirements is to ensure that the parking areas themselves are not the dominant feature of the transit oriented development. These requirements severely restrict on-site surface parking (other than incidental parking in association with residential development leasing offices, or head-in or parallel spaces to support retail uses) and encourage physical consistency throughout the transit oriented development, including the appearance of parking garages.

    1.

    Allowable parking: Parking areas shall be limited to structure or below grade with the exception of on-street parking and minimal surface parking areas to support retail uses or stand alone restaurants. On-street parking shall not be designated per individual business or occupancy but may count toward the minimum parking requirements for the entire structure along the adjacent frontage. Parallel parking, head-in parking along streets, and/or minimal surface parking is permitted subject to approval through the site plan or development plan process.

    2.

    Parking supply: Parking areas shall be sufficient to meet all parking needs for employees, company vehicles, customers, and visitors. Nonresidential uses within one thousand (1,000) feet of the transit station may have the parking requirements reduced by twenty (20) percent from the city's standard requirements. Nonresidential uses between one thousand (1,000) feet and two thousand (2,000) feet of the transit station may have the parking requirements reduced by ten (10) percent from the city's standard requirements. These reductions do not apply toward the minimum handicapped-accessible parking requirements.

    3.

    Shared parking: Shared parking is allowed as approved by the city to reduce the overall parking demand in the entire district and to capitalize on off-peak parking opportunities.

    4.

    Improved pedestrian access shall be provided between structured parking facilities and public streets.

    5.

    Bicycle parking facilities shall be located within fifty (50) feet of the entrance to the building they are intended to serve, shall be securely anchored, and shall hold bicycles securely with adequate support to prevent bicycles from falling over.

    6.

    Facade requirements: The following requirements shall apply to parking garages:

    (i)

    The narrow facade of the garage is encouraged to be the exposed side.

    (ii)

    The exposed facade(s) of the parking garage shall have an architecturally finished surface that is compatible with surrounding development.

    (iii)

    Street-fronting openings in parking structures shall not exceed fifty-five (55) percent of the facade area. They shall be similar in appearance to adjacent development and placed in a manner that effectively screens all parked vehicles.

    f.

    Driveways: Like parking garages, driveways are not intended to dominate the streetscape of a transit oriented development. These requirements are intended to promote pedestrian-oriented design that minimizes conflict with vehicular uses. Curb cuts shall be limited to no more than one (1) per two hundred (200) feet of development street frontage. Requests for additional curb cuts beyond this amount will be reviewed and determined based on demonstrated need and safety considerations.

    g.

    Material and delivery loading areas: Material and delivery service areas, while necessary, are to be screened as completely as possible from the adjacent streets. Placement: The placement of loading or service areas shall be subject to approval as part of the site plan or development plan.

    h.

    Signage: The purpose of signage is to ensure that tenants, residents, and visitors can quickly and easily make their way to, through, and from the transit oriented development. Signage should be designed appropriately to contribute to the overall identity and way-finding system. At a minimum, all signage is to meet the requirements of the city sign ordinance with the following two (2) exceptions:

    1.

    Special event banners: Banners may be mounted to a vertical support, attached to a building or parking deck, or across the street. Banners which are mounted to a vertical support may be integrated onto street and pedestrian light poles. Banners may display artwork or a message that pertains to the district or a special event.

    2.

    A-frame or "sandwich" signs: The sign shall be sufficiently weighted or anchored. A-frame signs may be placed within the public right-of-way during business hours, but must be removed whenever the business is closed.

    i.

    Fencing: To promote the street-oriented, pedestrian-friendly atmosphere of the transit oriented development, fencing needs to be regulated so as not to create barriers which interfere with the desired pedestrian street and promenade experience.

    1.

    Fencing scope: Fencing shall not screen the entire development. Non-permanent fencing (e.g., around outdoor dining/seating areas) may encroach into the front building setback.

    2.

    Maximum length: Except for pool safety fencing, the maximum length for a fence section shall be fifty (50) feet with a minimum twenty-foot break between sections.

    3.

    Materials: All fencing shall be wrought iron or steel, of compatible design with the adjacent architecture. Chain link fencing is not an allowed material.

    4.

    Maximum height: Fencing height shall not exceed current city standards.

    5.

    Exceptions: In areas where guardrails are required by code, they shall meet those requirements while maintaining a compatible appearance to adjacent architectural and fencing components of the development.

    j.

    Screening: The purpose for screening is to mitigate visual impact into areas which exist entirely for functional purposes and not intended to be used or seen by the public. These standards are intended to ensure that these areas do not detract from the visual quality of the surrounding environment.

    1.

    Mandatory screened elements: The following items shall be screened:

    (i)

    Off-street loading spaces.

    (ii)

    Service areas.

    (iii)

    Garbage storage/material recycling areas.

    (iv)

    Roof mechanical equipment, antennae, satellite receivers, etc. (from the public right-of-way and neighboring properties).

    2.

    Garbage collection and material recycling areas: Garbage collection and material recycling areas must be incorporated into the building envelope or screened by a masonry wall at least six-feet in height, or one (1) foot higher than the tallest container it screens, whichever is higher, and shall be accessed through a decorative metal gate that screens the opening. It is encouraged that a continuous dense base planting of indigenous evergreen material that is a minimum of three (3) feet in height at the time of installation be placed in front of all screening walls to soften the vertical impact of the wall.

    3.

    On-site loading/service areas: Other on-site loading and service areas shall be screened by masonry walls at least six (6) feet in height as described above, or by a continuous dense indigenous evergreen planting that is a minimum of six (6) feet in height at the time of installation.

    4.

    Complementary design: All screening shall be complementary in appearance to adjacent building landscaping design approaches.

    k.

    Streetscape and site landscaping: A transit oriented development streetscape is highly urban in character with a density of pedestrian traffic. Therefore, plantings of shade trees, ornamental trees, shrubs, evergreen groundcovers, vines, and seasonal color set in paved surfaces are appropriate for front yard development. Plantings will promote entrance demarcation and pedestrian interest. Flexibility in design will be allowed as long as the intent of these guidelines is not violated. All developments within the transit oriented development district must comply with the landscaping requirements listed below and in so doing, are exempt from all other city landscape requirements currently in effect.

    1.

    Responsibility: Property owners are responsible for providing landscaping and streetscape materials along all public and private streets (including on-street parallel parking islands), in addition to other on-site areas.

    2.

    Front yards: Building entry zones and other special public or semi-public spaces are urban in character with a higher density of pedestrian traffic. Plantings of evergreen groundcovers and shrubs that provide vertical contrast to the sidewalk plane are preferred over grass or sod. In cases where home/office or retail is located on the ground level, a higher intensity of paving is allowable and plantings may be placed in pots or containers.

    3.

    Public access easement: In order to allow continuous public flow across sidewalks throughout the transit oriented development, a series of public access easements shall be maintained along an area within twelve (12) feet from the back of curb of all streets. Non-fixed outdoor dining areas including tables, chairs, umbrellas, A-frame signs, etc., may encroach into these easements as long as a minimum six (6) foot wide continuous unobstructed pathway is maintained.

    4.

    Street trees: Street trees shall conform to the following standards and be spaced between twenty-five (25) feet and thirty-five (35) feet on-center. Private streets are exempted from the below requirements but are strongly encouraged to provide similar treatment along their entire length.

    (i)

    Major streets.

    (a)

    Primary street trees — Drake Elm, Live Oak, Shumard Red Oak, Lacebark Elm

    (b)

    Accent street trees — Cedar Elm, Little Gem Magnolia, Texas Ash

    (c)

    Preferred hedge — Foster Holly

    (ii)

    Minor streets.

    (a)

    Primary street trees — Live Oak, Lacebark Elm, Shumard Red Oak

    (b)

    Accent street trees — Cedar Elm, Little Gem Magnolia, Texas Ash

    (c)

    Preferred hedge - Foster Holly

    l.

    Paving: Paving is intended to highlight or accentuate special areas along the ground plane while at the same time complementing the design of adjacent building and streetscape elements.

    1.

    Crosswalks: All crosswalks shall be pavers or stamped concrete. Pavers shall be installed over a concrete sub-base, and meet the minimum design rating for heavy vehicular traffic loads. All crosswalk paving must be approved by the public works department. Property owners are responsible for the cost of crosswalks across private streets only.

    2.

    Sidewalk paving: Sidewalk paving along the transit oriented development primary streets and secondary streets shall include accents areas of pavers or stamped concrete comprising a minimum of thirty (30) percent of the paved walkway surface. All sidewalk paving must be installed over a subgrade approved by the public works department and shall be maintained by the adjacent property owner.

    m.

    Utilities: Transformers, switchgear, and related utility service equipment shall not be located above ground in the pedestrian access easements referenced in subsection (e)(3)k.3 above. Building service panels are to be located on the inside of all buildings.

    n.

    Noise attenuation: Buildings located near a commuter rail line station are encouraged to include noise attenuation construction techniques.

    (4)

    Transit oriented residential units of any type shall not be restricted as to their numbers of individual units by the zoning ordinance, any zoning district, other overlay district, or other city ordinance.

    (f)

    Area requirements: Area requirements such as, but not limited to, minimum lot dimensions, density, building setbacks, height, lot coverage, and building separation and landscaping shall be determined on an individual basis as part of the approval of either a site plan zoning case or in the case of property with planned unit development (PUD) zoning, a development plan.

    (g)

    Open space: A transit oriented development must include improved open space for pedestrian comfort, residents' recreational needs, and to serve as a destination point within the development. Provisions for such open space must be provided as part of any site plan or development plan application proposing either residential or nonresidential development or both. Methods for providing open space may include, but are not limited to, providing it on the applicant's property or on an adjacent tract (with the owners' consent), or the applicant may provide financial support to another property owner within one-half mile of the transit station for the open space to be developed on the other property, or payment into an open space fund maintained by the city for open space construction and/or maintenance within the transit oriented development or the surrounding area, or any other manner acceptable to the city council. In any event, the application for transit oriented development district zoning must include specific provisions for how much open space is being provided, where it is being provided, and what improvements within the open space are being provided.

    (h)

    Rail line right-of-way dedication: In recognition of the fact that the densities and other provisions for transit oriented development are a direct result and a direct benefit of the construction of a rail line through or near the property proposed for such development, the owner of any property requesting approval of a transit oriented development shall be required to dedicate all required right-of-way for the rail line through the applicant's property unless the required right-of-way has already been dedicated. Without such dedication, the densities and other allowances permitted by the above guidelines will not be authorized by the city. This is in addition to all other street, alley, and/or easement dedications required by the subdivision ordinance.

    (i)

    Approval process: Any property owner wishing to develop under the transit oriented development district shall submit an application for a zoning change to the transit oriented development district or, in the case of property zoned planned unit development (PUD), approval of a development plan for transit oriented development district uses.

    (1)

    Along with the zoning change application or development plan application, the applicant must also submit a transit oriented development plan which shall show the proposed development in context with the transit station and the connectivity to other property both within and beyond the proposed transit oriented development. The plan shall indicate the proposed uses, area requirements, building elevations and materials, open space, pedestrian facilities, landscaping, etc. A narrative and other appropriate exhibits shall be provided which explain how all the criteria for designation as a transit oriented development listed in subsection (d) above have been addressed.

    (2)

    The transit oriented development plan required by subsection (i)1 above for development of a parcel of less than five (5) acres shall include all the elements required for approval of a detailed site plan (S-P-1) zoning case as described in section 52-32a(b) of the zoning ordinance, plus elevation drawings of all proposed buildings and detailed information regarding provisions for open space. If any portion of the property included within a transit oriented development plan of less than five (5) acres includes multifamily uses, the transit oriented development plan shall also include the total number of dwelling units, the number of one (1), two (2) and/or other bedroom units and the resulting amount of parking required and provided, the density in units per acre, and the total gross floor area for each type of use. The transit oriented development plan shall also include a proposed utility layout showing proposed easements, the placement of transformers, switchgears, pedestals, light poles and other utility infrastructure and how these relate to the pedestrian environment and the streetscape. The transit oriented development site plan required by section (i)(1) above for development of a parcel of five (5) acres or more may include all the elements required for approval of a detailed site plan (S-P-1) zoning case as described in subsection 52-32a(b) of the zoning ordinance, plus elevation drawings of all proposed buildings and detailed information regarding provisions for open space, or, as a minimum, all the elements required for approval of a generalized site plan (S-P-2) zoning case as described in subsection 52-32b(b) of the zoning ordinance, plus a concept plan of the proposed development and detailed information regarding provisions for open space. However, prior to issuance of a building permit, each proposed building within an originally approved area of five (5) acres or more without a detailed transit oriented development plan as required for a parcel of less than five (5) acres must first be approved by the planning and zoning commission and city council through the submittal of another transit oriented development plan which includes all the elements required for approval of a parcel of less than five (5) acres as described above. Since the zoning of transit oriented development district is already in place on the subject property, there shall be no requirement for notification of adjacent property owners for such transit oriented development plan.

    (3)

    In order to ensure the complete coordination of each proposed development and the full provision of services, the following issues shall be addressed and submitted to the public works department for approval as part of the transit oriented development plan: (a) proposed banners and/or features intended to support banners in or over the right-of-way; (b) street lighting and illumination, purchase of fixtures and long-term maintenance of fixtures; (c) sight distance data at all street and driveway intersections; (d) design standards for sidewalk and street paving accent areas and long-term maintenance of them; and (e) coordination of immediate and future utilities. The specific intent of this additional requirement is to anticipate and resolve any conflicting requirements and to ensure the ongoing health and safety of the public.

    (4)

    As part of the building permit review and issuance process, the director of planning and development or his/her designee may approve minor variations to an approved transit oriented development plan, provided that such variations do not: (a) change the character or configuration of the development; (b) change the intent of the planning and zoning commission and city council; (c) alter the basic relationship of the development to adjacent property; (d) change the uses permitted; or (e) grant any additional variances or exceptions to this or any other city ordinance not previously approved by the city council. The director of planning and development or his/her designee shall not be required to approve a request for a minor variation, but may choose to deny a request that he/she determines to be other than a minor variation. If an applicant disagrees with the determination of the director of planning and development regarding a minor variation, the applicant may appeal the decision to the planning and zoning commission and city council by submitting a revised transit oriented development plan. The revised transit oriented development plan shall first be presented to the planning and zoning commission for a recommendation, and then forwarded to the city council for a final determination. Since the zoning of transit oriented development district is already in place, there shall be no requirement for notification of adjacent property owners for a revised transit oriented development plan.

    (5)

    Multifamily developments that comply with the guidelines of the transit oriented development district shall be considered to have satisfied the requirements for a community framework plan as required in subsection 52-59(a) of the zoning ordinance.

(Ord. No. 8697, § 1, 9-7-06)