§ 52-59. Multifamily development regulations.
(a)
Community framework review.
(1)
Applicability.
a.
The purpose of community framework review is to assist the planning and zoning commission in making its recommendations and to assist the city council in determining whether zoning should be amended to permit multifamily dwelling units on the site.
b.
Every application for a change or amendment to a zoning district, other than a revision to a PUD district that does not increase allowable multifamily acreage, which authorizes new construction of multifamily dwelling units or reconstruction of existing multifamily developments that will result in an increase in the number of dwelling units shall be accompanied by a community framework application prepared in conformity with this section.
c.
Any rezoning application for an S-P-1 district authorizing new construction of multifamily dwelling units shall, in addition, be accompanied by a concept plan pursuant to subsection (b) of this section.
d.
Whenever a PUD development plan required by section 52-32(c)(4) of these regulations is submitted in order to authorize new construction of multifamily dwelling uses, the development plan shall incorporate the contents for a community framework plan.
e.
Any rezoning request for a density greater than twenty-five (25) dwelling units per acre shall be filed in accordance with section 52-32(a) (S-P-I district) or section 52-32(b) (S-P-2 district) and shall be accompanied by a concept plan application.
f.
All requests for development of multifamily dwelling units on land currently zoned for multifamily uses but either vacant or developed with other uses, and not indicated for multifamily development on the future land use plan map of the comprehensive plan, shall comply with all the requirements for a community framework review as described in this section, prior to proceeding with the required concept plan review and approval process set forth in the same section.
(2)
Submittal requirements. The applicant shall submit a community framework application in sufficient detail to inform the city about the intended use of the property for multifamily dwelling units. The extent of the information shall depend upon the size and scope of the project. The following information should be submitted unless specifically waived by the director of community development:
a.
A vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet.
b.
A metes and bounds or lot and block description of the subject property.
c.
Identification of the zoning and uses of all contiguous property and of uses immediately adjacent to abutting public rights-of-way.
d.
The total number and type of dwelling units proposed and gross residential density.
e.
At a scale of one (1) inch equals one hundred (100) feet or such scale as deemed appropriate by city staff:
1.
The general location of planned land uses within the site and existing land uses within five hundred (500) feet surrounding the site.
2.
The general location of existing and proposed open space and recreation areas, including the nature of existing and proposed recreational facilities, parks, schools, and other public or community uses.
3.
The general location, character, and capacity of existing and proposed major roads, public transportation, recreation easements, pedestrian connections, public utility and storm drainage systems, and 100-year floodplain.
4.
The location of existing or planned support facilities serving the development, i.e., community commercial, convenience retail, etc.
f.
Traffic impact analysis with three hundred twenty (320) units or more.
g.
A statement setting forth:
1.
The proposed development schedule.
2.
An analysis of proposed improvements to public facilities, roadways and public utilities that will be required to serve the multifamily development.
3.
The location and capacity of schools to serve the anticipated population.
h.
Any additional information deemed reasonably necessary by the director of community development.
(3)
Reserved.
(4)
Review criteria. In addition to broad considerations of health, safety and welfare, the following criteria are for use by the planning and zoning commission and city council in evaluating a request for rezoning, or development plan application, to permit the construction of multifamily dwelling units. The relevance of these factors in determining whether a zoning change should be granted depends upon the site location, site characteristics, and size of the proposed multifamily development. The commission may recommend and the council may impose such conditions as are necessary to ensure that the rezoning of the property for multifamily dwelling units is appropriate, including submittal and approval of a concept plan pursuant to subsection (b) of this section. Any conditions imposed must be satisfied prior to issuance of a building permit or final certificate of occupancy for any multifamily dwelling.
a.
Street framework.
1.
Street system to serve the project is consistent with the city's master street plan and adequate to accommodate traffic generated by proposed densities.
2.
Circulation and access to multifamily developments is discouraged through incompatible use areas, such as industrial uses.
b.
Open space.
1.
Create open spaces in residential areas which gives neighborhoods an image, a means of orientation, and a "sense of place."
2.
Respond appropriately to the natural boundaries of land use and neighborhood districts, i.e., promote public connections between compatible districts and create buffers between incompatible districts.
3.
Establish public open space connections which can connect into city and regional open space corridors.
4.
Identify how the community and neighborhood park needs, as established by city standards, can be met and how the plan for this project will fit into an overall open space framework for this area.
c.
Pedestrian connections. Encourage safe and pleasant pedestrian connections within multifamily developments. Plan for pedestrian connections to open spaces, parks, convenience shopping, recreation facilities, and community facilities.
d.
Community facilities and services. Identify availability of community facilities and services in relation to the need for services such as schools, parks, convenience retail, and recreation facilities based on city standards and the following general evaluation criteria:
Estimated Multi-Family Units Population Retail/Restaurant
Gross SF
SupportableService
Radius250 475 5,300 ¼—½ miles 1,000 1,900 21,400 1—2 miles 5,000 9,500 106,900 3—6 miles Recreation
Facilities NeededNumber of
Facilities/PopulationService Radius Tennis 1/2,000 ¼—½miles Soccer Field 1/10,000 1—2 miles Softball Field 1/5,000 ¼—½miles Multiple Recreation Court 1/10,000 1—2 miles Public Golf Course (18-hole) 1/50,000 N/A Recreation Center 1/40,000 N/A e.
Compatibility/locational criteria:
1.
The tract is not adjacent to manufacturing uses, industrial uses or warehouse uses.
2.
The tract is not adjacent to undeveloped tracts with manufacturing, industrial or warehouse zoning.
3.
The site is not adjacent to single-family uses with no natural barriers or buffers to separate the two (2) uses by a minimum distance of one hundred (100) feet.
4.
The site is not adjacent to single-family zoning with no natural barriers or buffers to separate the two (2) uses by a minimum distance of one hundred (100) feet.
5.
The tract is not located in an area subject to noise impacts of sixty-five (65) Ldn or greater.
6.
The tract is not less than ten (10) acres in size, and there are no opportunities to develop the property as a second phase of an adjacent existing multi-family complex.
f.
Need for additional multifamily dwellings. Identify particular housing market served by proposed multifamily development.
g.
Utilities and drainage analysis.
1.
Water and wastewater treatment, storage, collection and distribution facilities are adequate to serve proposed densities for the project.
2.
Drainage facilities, including off-site receiving facilities, are adequate to serve the project.
(b)
Concept plan review.
(1)
Applicability.
a.
A concept plan must be approved for any development project authorizing new construction of multifamily dwelling units or reconstruction of existing multifamily developments that will result in an increase in the number of dwelling units, except for site plans for an S-P-1 district approved prior to the effective date of this section, and no building permit shall be issued for new construction of multifamily dwellings until such concept plan has been approved pursuant to this section.
b.
An applicant for a zoning amendment authorizing new construction of multifamily dwelling units may substitute a concept plan for the community framework application required by subsection (a) of this section, provided that the concept plan meets all submittal requirements and addresses relevant criteria and standards required for community framework review.
c.
Any concept plan application requesting a density greater than that established by the underlying zoning shall require the accompanying submittal of an S-P-1 or S-P-2 district rezoning application, or, if in a PUD district, a development plan application.
(2)
Concept plan approval procedure.
a.
An application for concept plan approval shall be submitted to the director of community development, together with a specified number of copies of the concept plan and the filing fee.
b.
The concept plan shall be distributed to appropriate departments for review and comment. Upon completion of such administrative review, the concept plan shall be submitted to the planning and zoning commission.
c.
The planning and zoning commission shall conduct a public hearing to consider the concept plan. The commission shall approve, conditionally approve, or disapprove the concept plan. The commission may impose such conditions on the concept plan as it determines to be necessary to meet the intent of this section and secure the health, safety, and welfare of the community.
d.
Any applicant dissatisfied with the decision of the planning and zoning commission may, within ten (10) days of such decision, appeal to the city council for its review. If not appealed, the decision of the planning and zoning commission shall be final.
e.
The city council may affirm, reverse or modify the decision of the planning commission, and may impose such conditions as are necessary to meet the intent of this section and to secure the health, safety, and welfare of the community.
f.
Once the concept plan has been approved, and there is cause for an amendment of the same, such amendment shall be processed in the same manner as the original submission.
(3)
Concept plan contents. A concept plan required by this section shall include, at a minimum, the following elements:
a.
A vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet.
b.
At a scale of one (1) inch equals one hundred (100) feet or such a scale as deemed appropriate by city staff, a map exhibit of the property that includes the following data:
1.
Metes and bounds of all property lines;
2.
Total area of property;
3.
Scale and north arrow;
4.
Names of boundary streets and the width of existing rights-of-way;
5.
Existing topography with a maximum contour interval of two (2) feet, except where existing ground is on a slope of less than two (2) percent, then either one-foot contours or spot elevations shall be provided where necessary;
6.
Land uses or zoning of adjacent areas.
c.
A conceptual land use plan at a scale of one (1) inch equals fifty (50) feet or such scale as deemed appropriate by city staff, showing:
1.
Preliminary building footprints, height, and number of floors of all buildings, both above and below or partially below finished grade;
2.
The traffic circulation system and the pedestrian circulation system;
3.
The off-street parking and loading areas and structures;
4.
Proposed open space and usable open space areas, together with proposed private recreational areas;
5.
Access points into the multifamily development;
6.
Pedestrian connections within the development and connections to off-site pedestrian-ways;
7.
Indication of areas proposed for preservation of existing trees.
8.
Location, type and size of all easements shall be indicated on the concept plan; along with the volume and page number where the easement is recorded with Dallas County Deed Records.
d.
When the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases and the installation of public infrastructure improvements to serve each phase.
e.
Site coverage by building, parking and drives, open space, and usable open space.
f.
Total number of dwelling units and residential density in units per acre.
g.
Total gross floor area for each type of use, including dwelling units, by type and size.
h.
Total number of off-street parking and loading spaces.
i.
Amount of density applied for under the bonus provisions of subsection (d), and the calculations supporting the specific development provisions giving rise to such bonus application.
j.
Conceptual grading plans.
k.
Preliminary architectural sketches.
(4)
Development standards. The following development standards shall apply to new multifamily construction and reconstruction of multifamily developments that will result in an increase in the number of dwelling units. Variances to these standards may be granted only in accordance with the provisions of this section. (Additional development standards which are not applicable at the concept plan review phase but must be incorporated into the project design are contained in section (c)(4) and will be reviewed as part of the building permit application.)
a.
Generally. The concept plan shall include any conditions imposed by an approved community framework plan.
b.
Access.
1.
Driveways shall not be located within thirty (30) feet of street intersections.
2.
Wherever possible, drives on divided thoroughfares should be located at median openings providing left turn access to and from the site. Drive locations shall be coordinated with the transportation department.
3.
Driveways allowing two-way directional flow shall be a minimum of twenty-four (24) feet. Less than twenty-four (24) feet may be considered if fire lane access is not required.
4.
A private access drive on an adjacent lot may be used provided an easement is obtained and the width is adequate for the number of vehicles served.
c.
Parking.
1.
Parking space requirements:
Efficiency: 1.0 space/unit 1 Bedroom: 1.5 spaces/unit 2 Bedroom: 2.0 spaces/unit 3 Bedroom: 2.5 spaces/unit More than 3 Bedroom: 2.5 spaces
plus .5 spaces for every bedroom exceeding 3.Applicant may request a parking reduction which may be granted by the planning and zoning commission based upon review of the concept plan specifics, i.e., size of units, type of project, shared parking opportunities, etc. In no case shall parking requirements be less than the following:
Efficiency: 1.0 space/unit 1 Bedroom: 1.5 spaces/unit 2 Bedroom: 1.8 spaces/unit 3 Bedroom: 2.5 spaces/unit More than 3 Bedroom: 2.5 spaces
plus .5 spaces for every bedroom exceeding 3.Any request for reduction in parking requirements pursuant to this section shall be described.
2.
No parking shall be allowed in the front yard. If the front yard abuts a freeway or expressway, parking is allowed beyond a fifty-foot-wide buffer from the freeway or expressway. Where this occurs, parking shall be screened from the freeway or expressway.
3.
There shall be a maximum of ten (10) covered or uncovered parking spaces between landscaped islands having a minimum width of eight (8) feet.
4.
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided and designated. These areas should be screened from adjacent streets and residences. Special vehicular parking may not be used to meet the standard parking requirements.
5.
If provided, carports shall not be located closer to an abutting street than the closest principal use structure.
6.
Parking shall not be constructed more than one (1) parking bay in width unless a minimum eight-foot wide strip of landscaping is provided between bays. If carports or garages are provided in the middle rows of two (2) bays of parking, the landscape strip shall not be required.
7.
Tandem parking spaces may not be located in front of a parking space under a carport. Tandem parking spaces meeting the minimum dimensional requirements for a parking space may be located in front of an attached enclosed garage, and credited toward the minimum parking requirements. Such tandem spaces shall not extend into any fire lanes, drive aisles or other parking spaces.
d.
Pedestrian circulation. Sidewalks shall be provided from principal use structures to the office, laundry facilities, and amenities.
e.
Building size, height, setbacks and separation.
1.
Buildings shall not exceed two hundred (200) feet in length.
2.
Maximum height of structures:
Adjacent to a property line which abuts single-family zoned land: Three (3) feet from the nearest property line of a single-family zoned property for each one (1) foot of multi-family building height, or two (2) stories (twenty-four (24) feet), whichever is less.
All others outside urban center: Three (3) stories (thirty-six (36) feet) (A basement parking area or garage may be provided below the average grade line and built into the side of a slope within the interior of a multi-family development, but not adjacent to a lot line. Any such basement shall be counted as a story.)
Within urban center: As approved through the concept plan.
3.
Minimum building setbacks from street rights-of-way:
Freeway or Expressway: 100 feet (Limited access roads) (Reduction to no less than 50 feet may be considered if a study is prepared by a qualified acoustician verifying that noise levels at the building face and usable open spaces do not exceed 67 Leq based on barriers, screening, etc. proposed). The first 50 feet from the freeway or expressway shall not be used for parking or included in calculating usable open space. Streets with 80 feet or greater right-of-way per master street plan: 35 feet, plus five feet for each story above 2 Streets with less than 80 feet of right-of-way per master street plan: 25 feet, plus five feet for each story above 2 Private access drive 15 feet plus five feet for each story above the first floor A private access drive is defined as an internal roadway without parking, which provides access to a group of buildings or dwelling units.
4.
Minimum side and rear yard setbacks:
a. Adjacent to other multi-family or nonresidentially zoned land: 20 feet for 1- and 2-story, 25 feet for 3-story b. Adjacent to single-family zoned land: 75 feet or three feet from the nearest property line of a single-family zoned property for each 1 foot of multi-family building height; whichever is greater No accessory buildings or uses, including swimming pools, improved recreational/open spaces, storage buildings, dumpsters, etc.. may be located between an adjacent street and a main building, or between a property line abutting single-family zoning and a main building. Such structures and uses shall be located within the interior of the site, screened from view by main buildings, unless adjacent to other multi-family or nonresidentially zoned land.
5.
Minimum separations between buildings:
Building Orientation Distance Face to face 50 feet (this may be reduced to no less than 35 feet a heavily landscaped courtyard is provided as defined in subsection (c)(5)c. Face to face at an angle 50 feet at the centerline of the two buildings but no distance less than 40 feet unless a heavily landscaped courtyard is provided. Face to end 30 feet Corner to corner 15 feet End to end 30 feet Corner to face 20 feet f.
Dwelling unit size and mix.
1.
Multifamily dwelling units shall have the following minimum average gross square feet size per development:
Efficiency: 500 square feet One-bedroom: 650 square feet Two-bedroom: 900 square feet Three-bedroom 1,100 square feet More than three-bedroom: 1,100 square feet,
plus 150 square feet for every bedroom exceeding three.2.
Efficiency units shall not total more than ten (10) percent of total units.
g.
Open space.
1.
A minimum of thirty (30) percent of the gross area of the site must be provided as open space. Open space shall not be deemed to include buildings, driveways, parking areas, or other surfaces designed or intended for vehicular travel. All open space areas shall be covered with grass, ground cover, shrubs, flowers, hardscape construction (i.e., pavers, exposed aggregate, paving, etc.) or consist of recreational facilities (i.e., swimming pool, tennis court, jogging trail, etc.).
2.
Usable open space within the site shall be provided in an amount not less than twenty-five (25) percent of total net floor area. Usable open space is defined as an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation, resource protection and/or amenity. Generally, usable open space should have a minimum dimension of thirty (30) feet in any direction and minimum area of nine hundred (900) square feet; however, it is recognized that usable open space can be of a smaller minimum dimension or area provided it meets the definition of this section. Required front building setbacks and street frontage setbacks shall not be included in calculating usable open space. Distances between buildings can be considered as usable open space provided that minimum dimensions are adhered to. Twenty-five (25) percent of this usable open space area shall be designed and allocated for children and youth-oriented recreational facilities and improvements. Such recreational facilities and improvements may include, but not be limited to, such improvements as swings or other playground equipment, basketball courts, and sidewalks suitable for bicycles, tricycles and running. All such recreational facilities and open space for children and youth shall be specifically indicated and labeled on the multi-family concept plan and building permit plans. Approval of the concept plan or building permit plans by the City of Irving shall have no bearing on each applicant's individual responsibility for compliance with all applicable federal and state laws. All applicants are encouraged to consider recommendations of the United States Consumer Products Safety Commission and the American Society for Testing and Materials when designing recreational facilities for children and youth.
3.
Instead of setting aside at least twenty-five (25) percent of the usable open space for children and youth as provided in subsection 2. above, an applicant may elect to install all of the following four (4) minimum standards to satisfy the open and recreational space requirement for children and youth:
(i)
Basketball court for youth (also accessible by adults). The minimum size shall be the area of a half circle with a twenty-foot radius (six hundred twenty-six (626) square feet). Such basketball court may be concrete, or it may have a special surface.
(ii)
Swings or playground equipment for children ages two (2) to five (5). The minimum area shall be thirty-two (32) feet by thirty-two (32) feet (one thousand twenty-four (1,024) square feet). Such area may be covered by sand, a rubber safety surface, or other material acceptable under applicable federal and state law. The equipment shall consist of a minimum of two (2) swings, or may consist of any other playground equipment acceptable under law which accommodates two (2) or more children ages two (2) to five (5).
(iii)
Swings and playground equipment for children ages five (5) to twelve (12). The minimum area shall be thirty-two (32) feet by thirty-two (32) feet (one thousand twenty-four (1,024) square feet). Such area may be covered by sand, a rubber safety surface, or other material acceptable under applicable federal and state law. The equipment shall consist of a minimum of two (2) swings, or may consist of any other playground equipment acceptable under law which accommodates two (2) or more children ages five (5) to twelve (12).
(iv)
Sidewalk loops where children and youth may ride bicycles or tricycles or run. Sidewalks shall be expressly made available to children and youth for running, bicycles or tricycles, and shall be designed to keep children in safe areas away from the street. Such sidewalks may be concrete, asphalt or other suitable surface, and shall be at least six (6) feet wide. Such sidewalks shall provide a loop of at least one-tenth ( 1/10 ) mile in length and shall not run across driveways or parking lots.
All such minimum standards shall be specifically indicated and labeled on the multi-family concept plan and building permit plans. Approval of the concept plan or building permit plans by the City of Irving shall have no bearing on each applicant's individual responsibility for compliance with all applicable federal and state laws. All applicants are encouraged to consider recommendations of the United States Consumer Products Safety Commission and the American Society for Testing and Materials when designing facilities to comply with such minimum standards.
h.
Landscaping.
1.
A minimum eight-foot-wide perimeter landscape area shall be contiguous to all side and rear property lines adjacent to other multi-family or nonresidentially zoned land and private access drives.
2.
A minimum ten-foot-wide perimeter landscape area shall be contiguous to all side and rear property lines adjacent to single-family zoned land. An additional five (5) feet shall be added to the ten-foot wide landscape area for each additional story beyond one of buildings adjacent to such property lines.
3.
A minimum twenty-five-foot-wide landscape area adjacent to abutting streets shall be maintained (except for driveways and pedestrian walkways).
4.
A minimum twelve-foot-wide landscape area adjacent to principle buildings shall be maintained (except for garage access riverways and pedestrian walkways).
5.
Sight easement clips shall be in accordance with section 33A-22 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.
i.
Amenities. Developments of two hundred fifty (250) units or greater shall have a minimum area of nine (9) feet by twenty (20) feet designated for an on-site recycling center for newspaper, glass, and at least one (1) other recyclable material.
j.
Accessory structures. Accessory structures and buildings, including, but not limited to, garages, carports, mail kiosks, offices, recreation buildings and swimming pools may be located on the property as approved by the concept plan.
(5)
Review criteria. In addition to broad considerations of health, safety and welfare, the following criteria are for use by the planning and zoning commission in evaluating a concept plan application. The relevance of these factors to any particular project depends upon the site location, site characteristics, and the size of the proposed multifamily development.
a.
Urban design.
1.
Enhance streets and open spaces through the orientation of buildings, walls, and other site features.
2.
Provide for a variety of building types and densities.
3.
Cluster larger and taller buildings at activity centers.
4.
Encourage areas of high density only where mass transit and pedestrian accommodation are integral components of area planning.
5.
Promote building forms that will respect and improve the integrity of open spaces and other public areas.
6.
For small and/or infill multifamily development, reinforce existing patterns in established neighborhoods by integrating new multifamily buildings into their surroundings, i.e., through setbacks, building separation, and compatible architecture.
b.
Access, circulation and parking.
1.
Pedestrian connections should be provided throughout the development based on logical pedestrian desire lines and connect to adjacent pedestrian walkways, bike paths, open space systems, and community facilities and services.
2.
Interior pedestrian connections should be connected to public sidewalks adjacent to multifamily developments.
3.
Vehicular circulation throughout the development should be designed to be easily understandable in terms of its function, e.g., major access, front door, parking access, direction.
4.
If possible, linear drives adjacent to parking shall be limited to two hundred fifty (250) feet at which point they should be offset a minimum of forty-two (42) feet or angled a minimum thirty (30) degrees. Where drives exceed two hundred fifty (250) linear feet, vertical or horizontal curves are recommended to create a visual cut-off.
5.
Surface parking between buildings and streets is discouraged.
c.
Building locations and orientation.
1.
Buildings should be arranged so as to enhance the "street scene."
2.
Buildings should be arranged to take advantage of topography and other natural features of the site.
3.
If possible, buildings should be arranged to provide views of and access to open space and natural features.
4.
Buildings should be arranged to respect the privacy from other units and adjacent properties.
5.
Buildings should be arranged to create courtyards.
6.
A range of building heights should be provided to scale down the bulkiness of large buildings.
7.
Common facilities, i.e., clubhouse and leasing office, should be easily identifiable and accessible.
8.
Buildings and windows should be located to maximize the possibility of surveillance of entryways, pathways, parking lots, bike paths, recreation and laundry areas. Children's play areas should be sited to allow for clear parental monitoring.
9.
Landscaping should not block surveillance abilities.
d.
Density and unit mix.
1.
The maximum density shall be eighteen (18) units per acre, subject to the supplemental performance standards and bonus provisions of section 52-59(d).
2.
A range of unit types and building densities is encouraged within a development.
3.
Higher densities should be located in close proximity to activity centers, community facilities and services, and pedestrian connections.
e.
Open space.
1.
Open space should be created that is usable, continuous, and provides access to a larger community open space system, if any.
2.
The open space system should include recreational facilities and amenities to help reduce the need for public open space and recreational facilities.
f.
Amenities. Developments of two hundred fifty (250) units or greater are encouraged to have one (1) or more compacting dumpsters servicing the refuse disposal needs of the project.
(c)
Additional development standards for issuance of building permit.
(1)
Applicability. Any development authorizing new construction of multifamily dwelling units or reconstruction of existing multifamily developments that will result in an increase in the number of units must comply with the additional development standards as outlined in this section. At the time application is made for a building permit, the applicant shall provide as part of the plans for building permit a detailed site plan which incorporates all of the following development requirements in addition to those indicated on the approved concept plan, including any conditions stipulated by the planning and zoning commission.
(2)
Detailed site plan for building permit contents. The detailed site plan submitted in conjunction with the building permit plans shall contain, at a minimum, the following elements:
a.
A vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet.
b.
Map exhibit of the property that includes the following data:
1.
Metes and bounds of all property lines.
2.
Total area of property.
3.
Scale and north arrow.
4.
Names of boundary streets and the width of existing rights-of-way.
5.
Existing topography with a maximum contour interval of two (2) feet, except where existing ground is on a slope of less than two (2) percent then either one-foot contours or spot elevations shall be provided where necessary.
c.
A final detailed land use plan at a scale of one (1) inch equals twenty (20) feet or such scale as deemed appropriate by city staff, showing:
1.
Final building footprints, height and number of floors of all buildings, both above and below or partially below finished grade.
2.
The traffic circulation system and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways, and bicycle paths.
3.
The off-street parking and loading areas and structures.
4.
Usable open space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas.
5.
Location, type and size of all easements shall be indicated along with the volume and page number where the easement is recorded with Dallas County Deed Records.
d.
Final architectural elevations of typical proposed structures, including lighting system, premise identification and name signage system, and landscaping.
e.
Information contained on a plan or statement showing the location and design of all screening measures and indicating the type and height of such screening.
f.
When the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases.
g.
A copy of any covenants, bylaws, restrictions, maintenance plans, and conditions, if they exist, pertaining to the use, maintenance and operation of private open space area.
h.
A final statement in tabular form which sets forth the following data:
1.
Site coverage by building, parking and drives, open space, and usable open space.
2.
Total number of dwelling units. Residential density in units per acre.
3.
Total gross floor area for each type of use, including dwelling units by type and size.
4.
Total area in usable open space.
5.
Total number of off-street parking and loading spaces.
i.
Landscape plan showing trees, shrubs, ground cover, and turf areas including plant species and sizes prepared by a registered landscape architect.
j.
Final engineering grading plans.
(3)
Compliance with conditions and concept plan. The detailed site plan submitted in conjunction with the building permit plans shall conform with any conditions imposed in conjunction with approval of a rezoning application as established during the community framework review. The detailed site plan also shall conform with the approved concept plan, provided, however, that the director of community development or designee may approve minor variations from the concept plan, provided such variations do not change the character or configuration of the development, vary the design standards contained in section (b)(4), and do not increase the total number of units or density.
(4)
Development standards. The additional information required in the detailed site plan submitted in conjunction with the building permit plans is not required to be shown at the concept plan phase, but shall be incorporated into the project design. The detailed site plan shall comply with the development standards contained in section (b)(4) and shall, in addition, provide for the following:
a.
Architecture.
1.
The exposed exterior wall area, exclusive of doors, windows, and covered porch, breezeways and corridors shall be a minimum of seventy-five (75) percent masonry veneer, stucco, or other similar low maintenance cementious material. Allowed masonry shall be fifty (50) year minimum warranty:
i.
Hard fired (kiln fired) stacked in place, mortared joints, face or building brick with a minimum nominal depth of three (3) inches;
ii.
Stone material consisting of granite, sandstone, slate, limestone, marble or other hand and durable all weather stone; or
iii.
Split faced, fluted, sandblasted, glazed or textured concrete masonry units; or
iv.
Approved stucco or other similar cementious material, excluding dryvit and exterior insulation finish system (EIFS).
The remaining twenty-five (25) percent of exterior wall area shall be of an alternate color, texture or material excluding wood siding or fiber board.
2.
Buildings containing three (3) or more attached dwellings in a row shall incorporate one (1) or more architectural elements such as gables, chimneys, balconies, changes in wall plane, or other architectural elements.
3.
Patios and balconies shall be a minimum of fifty (50) square feet in area with a minimum narrow dimension of five (5) feet. All open balconies must remain open and not be enclosed after occupancies. Patios and balconies shall not be calculated in the minimum thirty (30) percent open space requirement.
4.
Patios fronting on a public street shall be screened with material compatible with the architectural character of the project or with shrubs.
5.
Family rooms or other similar rooms which may be used as bedrooms without structural changes shall be considered as bedrooms.
b.
Roof articulation.
1.
Roof articulation such as changes in plane or use of traditional roof forms shall be incorporated into project design. Articulation may be achieved by changes in plane of no less than two (2) feet six (6) inches and/or the use of traditional roof forms including, but not limited to, gables, hips and dormers.
2.
Roof slopes shall have a minimum 4:12 pitch.
3.
Roof material shall be architectural textured twenty-five-year minimum warranty shingles or tile. Wood shingles are not allowed.
c.
Landscaping.
1.
Within the eight-foot-wide perimeter landscape area there shall be at least one (1) three-inch caliper large tree per three hundred twenty (320) square feet in the perimeter landscape area. Two (2) ornamental trees may replace one (1) large tree up to a maximum thirty-three (33) percent of the large tree requirement. Where perimeter areas are wider than the minimum eight (8) feet, the excess area shall adhere to landscape requirements as described in paragraph 5. below.
2.
Within the ten-foot wide (or larger) perimeter landscape area adjacent to single-family zoned land, there shall be at least one (1) three-inch caliper large tree per two hundred forty (240) square feet in the perimeter landscape area. Two (2) ornamental trees may replace one (1) large tree up to a maximum of twenty-five (25) percent of the large tree requirement.
3.
Within the twenty-five-foot-wide landscape area adjacent to abutting streets there shall be at least one (1) three-inch caliper large tree per seven hundred fifty (750) square feet in the landscape area. Two (2) ornamental trees may replace one (1) large tree up to a maximum thirty-three (33) percent of the large tree requirement. Where landscape areas are wider than the minimum twenty-five (25) feet, the excess area shall adhere to landscape requirements as described in paragraph 5. below.
4.
Within the twelve-foot-wide landscape area adjacent to principle buildings there shall be at least one (1) three-inch caliper large tree per four hundred eighty (480) square feet in the landscape area. Two (2) ornamental trees may replace one (1) large tree up to a maximum thirty-three (33) percent of the large tree requirement. Where landscape areas are wider than the minimum twelve (12) feet, the excess area shall adhere to landscape requirements as described in paragraph 5. below.
5.
There shall be at least one (1) three-inch caliper large tree per one thousand five hundred (1,500) square feet in open spaces other than those noted above. Two (2) ornamental trees may replace one (1) large tree up to a maximum thirty-three (33) percent of the large tree requirement.
6.
There shall be curbs or wheel-stops between parking and landscape areas.
7.
There shall be a minimum of fourteen (14) shrubs per first floor unit on the project grounds. The planting pit for shrubs shall be at least twice the width and twice the depth of the root ball and filled with topsoil and organic material.
8.
In areas where existing three-inch caliper or greater trees have been preserved, tree credit will be given in accordance with section 33A-18 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas. Replacement of three-inch caliper trees shall be in accordance with section 33A-18 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.
9.
Dead plants shall be promptly removed and replaced with plants of similar size and caliper.
10.
An automatic underground sprinkling system shall be provided for all planted areas.
11.
Selected plant list. The developer may select trees and shrubs from the list of approved trees and shrubs contained in subsection 52-35a.(d).
12.
Reserved.
13.
Heavily landscaped courtyard. For the purpose of meeting the criteria of a heavily landscaped courtyard the landscaping shall include at least one (1) three-inch caliper large tree and three (3) five-foot to six-foot-high small ornamental trees per one thousand three hundred (1,300) square feet.
d.
Parking.
1.
The detailed site plan shall specify parking spaces for recreation facilities, amenities, leasing office, etc.
2.
Designated short term parking shall be provided next to mail box kiosks or enclosures in addition to minimum required parking.
3.
There shall be continuous solid visual screening of parked cars from any adjacent street by a hedge of shrubbery and/or a landscaped berm with a minimum combined height of thirty-six (36) inches at the time of planting, with shrubs planted a maximum of thirty-six (36) inches apart.
4.
There shall be a maximum of ten (10) covered or uncovered parking spaces between landscaped islands having a minimum width of eight (8) feet and planted with a minimum of one (1) three-inch caliper large tree or five- to six-foot-high small ornamental tree.
5.
Garages and perimeter carports shall be constructed with compatible architectural treatment with other site elements, including pitched roofs, enclosed gables and roof materials which match the main buildings.
6.
Parking shall not be constructed more than one (1) parking bay in width unless a minimum eight-foot strip of landscaping is provided between bays. The landscape strip is to be planted with three-inch caliper trees at a maximum separation of thirty (30) feet on center. Two (2) ornamental trees may replace one (1) large tree up to a maximum thirty-three (33) percent of the large tree requirement. If carports or garages are provided in the middle of two (2) bays of parking, the landscape strip shall not be required.
e.
Driveways and interior circulation. Internal circulation drives shall be clearly defined either by curbs and landscaped islands, or where parking is adjacent to an interior circulation-way, the travel-way shall be articulated by the required landscape islands and tree plantings between parking.
f.
Pedestrian connections.
1.
Sidewalks are required adjacent to all streets.
2.
Sidewalks shall be a minimum of forty-eight (48) inches wide.
3.
Sidewalks shall be provided from principal use structures to the office, laundry facilities, and amenities.
4.
Sidewalks shall be set off of public street curbs.
5.
Pedestrian connections shall be constructed of stone, slate, exposed aggregate concrete, plain concrete, or concrete pavers. Jogging trails may be constructed of approved synthetic material.
g.
Amenities and screening.
1.
Mailbox enclosures shall be located in a central, easily accessible location in such a way as not to disrupt circulation of the project.
2.
Storage areas, air conditioning compressors, loading areas, roof objects (roofmounted equipment which rises above the roof line), trash containers, satellite dishes, utility boxes, and maintenance facilities shall either be housed in closed buildings or otherwise screened from public view. Such screening would normally include landscaping or permanent fences of solid materials.
3.
Any and all lines and/or wires for communication or for transmission of sound or current, not within a building, shall be constructed or placed and maintained underground.
h.
Fences and walls.
1.
A minimum seven-foot high solid screening fence shall be placed adjacent to any property line which abuts single-family zoned land. The fence shall be constructed of masonry materials which are compatible with the color and texture of the nearest main building of the multifamily development.
2.
All fencing and walls will be constructed to be compatible with the principal structure and will be designed with a foundation system as recommended by a soils engineering firm.
3.
Maximum height of fences:
Perimeter fence used for security and/or sound barrier: ..... 8 feet
Perimeter or interior fence used for screening: ..... 8 feet
Other perimeter or interior fence: ..... 4 feet
Fences should be limited to those only necessary for security, sound barrier, and screening purposes, therefore encouraging open areas. Open fencing is preferred over solid fencing and landscaping is preferred for screening over fencing.
4.
Articulation is required for walls seventy (70) feet or longer which abut fronting streets, i.e. plane change, height variation, open fence, etc.
5.
Solid walls or fences are not permitted between abutting streets and the required perimeter landscape areas.
i.
Signage.
1.
A directory shall be provided at or near the entrance identifying buildings and access throughout the development.
2.
Building identification signs and directional signs shall be in accordance with the city premise identification ordinance.
3.
All signs shall be in accordance with the city sign ordinance.
j.
Lighting.
1.
All outdoor lighting shall be directed so as to avoid glare and excessive light spillage on adjacent property and fronting streets.
2.
Exterior building lighting shall have concealed sources of illumination and maintain lighting levels consistent with the recognized standards of the lighting industry.
3.
A lighting plan describing exterior illumination layout and fixture selection must be approved prior to construction.
4.
An exterior light source shall have sharp cutoff.
5.
Provide lighting with a minimum one-half footcandle and average one (1) footcandle in all parking areas and drives. Lighting fixtures in parking areas and drives shall not exceed thirty (30) feet in height.
6.
Lighting fixtures along pedestrian connections and recreation areas shall not exceed fifteen (15) feet in height nor shall lighting exceed an average one-half footcandle except as necessary for recreation facilities, i.e., for tennis courts, lighted play fields, etc.
7.
Premise identification signs shall be located in an area so they are sufficiently lit so as to be readable.
k.
Accessory structures. Accessory structures and buildings, including, but not limited to, garages, carports, mail kiosks, offices, recreation buildings and swimming pools may be located on the property as approved by the detailed site plan.
(d)
Supplemental performance standards and bonus.
(1)
Upon submittal of an S-P-1 or S-P-2 district rezoning application, or if in a PUD district submittal of a development plan application, accompanied by a consistent concept plan application, an increase in density of one (1) dwelling unit per acre may be authorized for each twenty-five (25) percent of the total number of dwelling units on site which are provided with private attached enclosed garages, up to a maximum of two (2) additional dwelling units per acre; if it is determined that the density increase shall not create detrimental effects on adjacent properties or to the neighborhood in which the development is situated. The decision of whether to grant a density increase is discretionary.
(e)
Variance to development standards.
(1)
Upon request of the applicant and in conjunction with a concept plan application, the planning and zoning commission may grant a variance to any of the development standards contained herein on platted lots or parcels of two (2) acres or less. No variances to the requirements of the underlying zoning district or to density standards may be granted.
(2)
The commission may grant a variance if the applicant demonstrates that the following conditions are met:
a.
The variance is in harmony with the general purpose and intent of these regulations.
b.
The variance will not adversely affect the use of neighboring properties.
c.
The variance will not be detrimental to the general health, safety and welfare of the community.
(3)
Variances to development standards on individually platted lots or parcels greater than two (2) acres may be granted only in conjunction with an S-P-1 or S-P-2 rezoning application, or if in a PUD district a development plan application, and shall be accompanied by a concept plan application.
(f)
Applicability. This section shall only apply to aggregations of five (5) or more dwelling units on a single lot or parcel.
(g)
Lapse of concept plan approval.
(1)
If all or a portion of the proposed development has not been submitted for building permit within two (2) years following approval of the concept plan, the concept plan shall lapse unless the property owner requests an extension prior to the expiration of the applicable period. The request for extension shall be reviewed in the same manner as for approval of the concept plan.
(2)
If the concept plan consists of more than a single use, the property owner must make substantial progress in obtaining building permits for the remainder of the uses authorized by the concept plan. The director of community development may initiate review of the development in order to determine whether significant progress is being made. In the event that the director of community development determines that significant progress is not being made, the director shall refer the matter to the planning and zoning commission. Following notice and a public hearing, the commission may terminate the concept plan, or may attach additional conditions to the extension of the plan. The planning commission's determination may be appealed within ten (10) days of the decision to the city council.
(h)
Filing fee. A nonrefundable filing fee in accordance with the most recent schedule of fees adopted by the city council shall accompany each application for concept plan under this section.
(Ord. No. 7626, §§ 7, 8, 3-23-00; Ord. No. 8037, §§ 2—9, 9-5-02; Ord. No. 5816, § 5, 7-21-05; Ord. No. 8704, § 10, 9-21-06; Ord. No. 2008-9032, § 2, 12-11-08)
Editor's note— Ord. No. 6045, adopted Dec. 5, 1991, deleted former § 52-59 and enacted a new § 52-59 in lieu thereof. The deleted provisions pertained to multifamily review plans and derived from Ord. No. 5879, § 1, adopted Oct. 18, 1990.
Section 6 of Ord. No. 6045 provides that in the event the provisions of the ordinance and other provisions of Zoning Ordinance No. 1144, Ord. No. 6045 shall prevail.
Section 7 of Ord. No. 6045 provides as follows:
Section 7. The provisions of the multifamily development review procedure, enacted as Ordinance No. 5879, though repealed, shall continue to apply to any site to which this new ordinance may not, under the law, apply. In addition, concept plan and specific plan requirements shall not apply to tracts covered by an approved multifamily review plan.