§ 52-64a. Urban business overlay district.

(a)

Description: The urban business overlay zoning district is an overlay district that permits high density multi-family and related uses in addition to those uses allowed in the base zoning district.

(b)

Purpose: The purpose of this overlay district is to permit high density multi-family developments with accessory commercial and retail uses in area designed for higher urban intensities.

(c)

Boundary: The overlay district boundaries are:

Beginning at the intersection of the centerline of the Burlington Northern Railroad and the easterly city limits of the City of Irving;

Thence, South and West along the centerline of the Burlington Northern Railroad to the centerline of State Highway 114;

Thence, North and West along the centerline of State Highway 114 to the intersection with the southern bank of Cottonwood Branch;

Thence, North and East along the southern bank of Cottonwood Branch to the southern bank of Hackberry Creek;

Thence, Easterly along the southern bank of Hackberry Creek to the intersection with the East city limit;

Thence, Southerly along the eastern city limit to the Point of Beginning;

(d)

Permitted uses: Multi-family uses and related accessory uses, including but not limited to minor retail sales, offices, motion picture theaters and those uses listed in section 52-20(b)(5), provided the total combined square footage for these related accessory uses does not exceed twenty (20) percent of the total floor area of the building.

(e)

Parking requirements: Parking requirements are as follows:

Efficiency:	1 space/unit
1 bedroom:	1 space/unit
2 bedroom:	2 spaces/unit
More than 2 bedrooms	2 spaces/unit plus .5 spaces for each additional bedroom

 

The following accessory uses to a multi-family development shall be required to provide parking in accordance with the following ratios:

Restaurants and private clubs:	1 space/150 square feet of gross floor area
Retail stores, shops and services:	1 space/250 square feet of floor area
Business service, business and professional office:	1 space/333 square feet of floor area

 

Parking along private streets and drives shall be considered in the calculation of the parking required. All other accessory uses listed in section 52-20(b)(5) shall provide the number of parking spaces required by the zoning ordinance.

(1)

Parking stalls shall provide a minimum width of eight (8) feet six (6) inches.

(2)

Landscape provisions for structural parking areas serving multi-family uses do not apply in this overlay district.

(3)

Driveways allowing two way directional traffic flow shall be a minimum of twenty (20) feet.

(f)

Density: All projects shall have a minimum density of forty (40) units per acre with the total number of multi-family residential units in the overlay district not to exceed four thousand (4,000) new units over and above that number existing or permitted on August 12, 1997.

(g)

Maximum height: One hundred twenty (120) feet.

(h)

Building size, setbacks and separation:

Public street setback:	Minimum 25 feet, regardless of stories
Side or rear setback:	None required
Setback from adjacent lot	None required
Building length	No maximum
Minimum separation between buildings	No minimum required

 

(i)

Coverage: Maximum ninety (90) percent of the site.

(j)

Pedestrian access: A pedestrian access plan shall be required to be submitted with the multi-family concept plan. The plan shall show connections to public sidewalks, nonresidential areas, recreation facilities (public or private), and community facilities. Tracts adjacent to water features shall provide or accommodate public access.

(k)

Landscape requirements:

(1)

Sidewalks shall be a minimum of five (5) feet in width.

(2)

The minimum eight-foot wide perimeter landscape area contiguous to all interior property lines and access drive shall not be required.

(3)

Landscape area adjacent to principal buildings shall not be required.

(4)

Landscape island breaks between every ten (10) spaces in all parking garage motor courts and piazzas shall not be required.

(l)

Open space requirements: Minimum open space shall be ten (10) percent of the site. "Usable open space" required in section 52-59(b)(4)g. shall be provided, however, pedestrian courtyards within the public street setback may be counted toward the "usable open space" requirements. The owner may elect to reduce the usable open space requirements by providing the following amenities:

(1)

Pedestrian courtyard with a fountain, sculpture, and/or decorative benches—two (2) percent reduction;

(2)

Enhanced pedestrian walkways, and vehicular pavement—one (1) percent reduction;

(3)

Decorative lighting adjacent to the pedestrian walkways and vehicular pavement—one (1) percent reduction.

A usable open space strip with a minimum depth of twenty (20) feet shall be provided adjacent to all water features. Private use of this area, such as outdoor restaurant seating, shall be allowed provided through pedestrian access with unobstructed views of the water feature is maintained.

(m)

Applicability: All requirements established in the codes and ordinances of the City of Irving shall apply to the property, except as expressly amended herein. Provided, however, that all existing multi-family developments within this overlay district on the date of passage of this ordinance shall be considered conforming uses.

(n)

Multi-family development regulations: Prior to issuance of a building permit for multi-family construction, the requirements of section 52-59 must be met except as expressly varied in this section. For purposes of section 52-59(d)(4)a., the project will be deemed to have met the forty (40) units per acre figure of the bonus density performance standards. All concept plans in the urban business overlay district may be approved or denied on the basis of criteria established in section 52-59(a)(4) and section 52-59(d)(4)(b). Where landscape plans are submitted and approved as part of a concept plan, there shall not be a need for a specific plan prior to issuance of building permits. Variances to the development standards may be requested within the urban business overlay district on tracts larger than two (2) acres without the necessity of filing an S-P-1, S-P-2 or PUD zoning case for the tract.

(o)

Amenities: Minimum area for on-site recycling not required where alternative methods for recycling are employed.

(p)

Dwelling unit size: Minimum average square footage required for efficiency units shall be four hundred fifty (450) square feet, provided efficiencies account for no more than seven and five-tenths (7.5) percent of the total units on the site.

(q)

Patios and balconies: Patios and balconies shall be a minimum twenty-one (21) square feet in area with a minimum narrow dimension of three (3) feet, provided, however, that areas adjacent to exterior doors and windows not containing seating areas and containing a narrow dimension of less than twelve (12) inches shall not be considered patios or balconies.

(Ord. No. 6546, § 1, 12-15-94; Ord. No. 7097, § 1, 8-12-97; Ord. No. 7739, § 2, 11-9-00)