§ 52-64c. Transit mall overlay district.
(a)
General considerations.
(1)
Description: The transit mall overlay district is a zoning district that provides standards for the development of properties within a designated area for transit-oriented development within the Las Colinas Urban Center.
(2)
Purpose: The purpose of this overlay district is two-fold:
a.
To create transit-friendly development patterns that are consistent with the recommendations contained within the city's Northwest Corridor/Las Colinas Land Use Study; and
b.
To define specific standards necessary towards the creation of a mixed-use, streetscape-oriented, urban environment that takes full advantage of the Las Colinas Urban Center's amenities.
(3)
Boundaries: The transit mall overlay boundaries are as follows (see Illustration "A"):
Tract I: Lake Carolyn, its adjoining canals and adjacent lake and canal wall structures.
Tract II: The area bounded on the north by the north right-of-way line of O'Connor Boulevard, on the west by the east right-of-way line of Las Colinas Boulevard and on the south and east by the lake and canal wall structure.
Tract III: The area bounded on the north by the north right-of-way line of O'Connor Boulevard, on the east by the west right-of-way line of Rochelle Boulevard, on the west by the lake and canal wall structure and on the south by the east right-of-way line of Teleport Drive.
(4)
Notice of non-municipal development requirements: Applicants considering development within the transit mall overlay district are hereby notified that in addition to meeting the requirements of this section will also need to satisfy the development requirements of the Las Colinas Association (TLCA) and the Dallas County Utility and Reclamation District (DCURD).
(b)
Use regulations.
(1)
Permitted uses: All uses allowed in the base zoning districts and the existing urban business overlay district except those listed under deleted uses below. Existing allowed uses preferred for this area include office, restaurant and multifamily. The following uses shall also be permitted in addition to those allowed by the base district and existing overlay district:
a.
Retail within a totally enclosed building. No structure shall be erected, converted, or constructed to allow for the interior passage of motor vehicles for the retail sales or delivery of foods or beverages.
b.
Street vending/concession sales in connection with a retail establishment or similarly permitted operation conducting business within the transit mall overlay district.
c.
Outdoor dining in conjunction with an indoor restaurant.
d.
Entertainment uses including movie theaters, live theater and arcades, but expressly prohibiting sexually oriented businesses.
e.
Personal business services.
f.
Freestanding parking garages.
g.
City sanctioned events (including non-accessory street vending).
(2)
Deleted uses: The following uses shall not be permitted within the overlay zoning district boundary:
a.
Experimental/testing laboratories.
b.
Motor freight terminals.
c.
Gasoline service stations.
d.
Warehousing.
e.
Manufacturing.
(3)
Existing uses: All uses which are in compliance with the underlying zoning regulations in effect on date of passage of this ordinance shall be deemed to be conforming uses and shall not be subject to the restrictions on rebuilding damaged structures under section 52-47 of Ordinance No. 1144, provided this conforming status will end on each individual tract when and if such use is abandoned or converted to another use and further provided that any lot or tract upon which damaged structures are rebuilt or reconstructed per the exception above shall, nevertheless, meet the current landscape and sign development standards of this section.
(c)
Development standards.
(1)
Building setbacks: It is intended that buildings along the transit mall create a strong "street wall" in which the urban form and block closure along the street is the definitive characteristic of its environment. As such, consistency must be maintained along this edge and around its corners. The following establishes strict minimum and maximum setbacks to create this effect, while allowing flexibility for design variety. The building setback is measured from the property line to the nearest projecting face of the structure. Buildings fronting on private streets are exempt from the setback and minimum development frontage requirements listed below.
a.
Streetfront building setbacks (4 story buildings and below):
The building setback line shall be within the following ranges:
1.
Transit mall: 15 feet (min.) to 22 feet (max.) from the property line.
2.
Primary street: 15 feet (min.) to 22 feet (max.) from the property line.
3.
Secondary street: 14 feet (min.) to 20 feet (max.) from the property line.
b.
Streetfront building setbacks (buildings above 4 stories):
The building setback line shall be within the following ranges:
1.
Transit mall: 20 feet (min.) to 26 feet (max.) from the property line.
2.
Primary street: 18 feet (min.) to 24 feet (max.) from the property line.
3.
Secondary street: 16 feet (min.) to 22 feet (max.) from the property line.
c.
Minimum development street frontage: A minimum of eighty (80) percent of the building's face along the street frontage shall meet the setback criteria defined in subsections (1) and (2) above. The remainder shall not project into the setback area.
d.
Lakefront promenade building setbacks: The building line shall be between twenty-five (25) feet and seventy (70) feet from the property line adjacent to the lake wall. Architectural elements may project beyond this line a distance up to five (5) feet. Additional setback beyond seventy (70) feet is allowed if the building face which is exposed to the promenade is contained within a courtyard condition, or the setback creates a space that is part of the internal street system of the development.
e.
Inlet gathering spaces setbacks: A maximum of eighty (80) percent of a building's face fronting on an inlet gathering space easement may be within five (5) feet of the easement line.
f.
Festival plaza building setbacks: A minimum of eighty (80) percent of a building's face fronting on the festival plaza easement shall be between twenty (20) feet and twenty-five (25) feet from the easement line. The remainder shall not project into the setback area.
g.
Setback encroachment: Any building feature, defined as architectural attachments to the primary building facade, may encroach into the setback area a distance up to five (5) feet from the building face. These features may include, but are not limited to the following:
a. Stoops g. Planters b. Chimneys h. Bay windows c. Awnings i. Mounted Signs d. Porches j. Balconies e. Canopies k. Pilasters f. Eaves l. Tower elements h.
Parking setback: No parking or parking structure may be placed within the setback area.
(2)
Building massing and height: Restrictions on minimum building height are intended to assure a minimum level of urbanity and building intensity within the transit mall area. The following restrictions shall apply (buildings fronting on private streets are exempted from these requirements):
a.
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).
b.
Minimum building height (predominantly non-residential buildings): Five 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).
c.
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).
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
(3)
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.
a.
Primary cladding materials (buildings 4 stories and below): The primary cladding material on exterior facades (excluding private courtyards) shall be masonry including brick, finished concrete, stone (natural and man-made), and cementitious stucco. Concrete masonry unit products are permitted within the first two floors only, but must have an architectural finish surface such as split-faced, rusticated, etc.
b.
Primary cladding materials (buildings above 4 stories): The primary cladding material on exterior facades (excluding private courtyards) shall be consistent with the requirements defined in subsection (1) above; with the addition of Exterior Insulation and Finish System (EIFS systems consisting of foam board and synthetic stucco/plaster) products as allowable materials third floor and above.
c.
Dominant primary cladding material: No one primary cladding material may comprise more than eighty (80) percent of a building's facade. Cementitious stucco and EIFS systems may not comprise more than fifty (50) percent of a building's facade that faces the transit mall or a primary street.
d.
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 special feature per building facade. The following materials are prohibited for use as secondary cladding:
1.
Architectural foam detailing (except second floor and above).
2.
EIFS (except third floor and above).
3.
Natural or simulated wood siding (except fourth floor and above).
4.
Exposed aluminum siding.
5.
Plastic and vinyl siding.
6.
Wood roof shingles.
e.
Windows and glass: Glass may not comprise more than sixty (60) percent of a building facade. Reflective, mirrored, and spandrel glass are not permitted.
f.
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.
g.
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.
h.
Accent features: The following accent features add detail and are encouraged in the design of building facades:
1.
Overhangs/ eaves.
2.
Pilasters.
3.
Cornices.
4.
String courses.
5.
Window sills.
6.
Lintels.
7.
Rustication.
i.
Attachments: Railings and walls attached to buildings shall complement primary building design, materials and colors.
j.
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.
(4)
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.
a.
Sidewalk entries: Sidewalk entries to buildings fronting the transit mall, festival plaza, and inlet gathering spaces shall occur at a maximum of every three (3) ground level units or seventy-five (75) feet for the required sixty (60) percent retail/commercial set-aside along these frontages (see subsection (4) below). ADA requirements shall be met by internal ramping.
b.
Sidewalk entry hierarchy: Entrances into residential buildings are encouraged to follow a hierarchy of sizes and functions as follows:
1.
Carriage way — A centrally located twelve (12) foot wide entrance at sidewalk level for visual and direct access to a private courtyard.
2.
Secondary entry — A six (6) 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.
3.
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.
c.
Balconies: Balconies may be used in all types of development. Painted architectural metal railings are encouraged. Balconies shall be exempt from the minimum dimensional and square footage requirements of section 52-64a of Ordinance No. 1144 (urban business district overlay).
d.
Retail/commercial requirement: All residential and office developments with frontage along the transit mall, festival plaza and inlet gathering spaces shall provide a minimum of sixty (60) percent of the total ground floor linear measurement of these frontages for retail/commercial uses. Although these spaces may currently be used for residential units/office space, they must be designed for easy conversion to retail/commercial uses and furthermore be constructed to commercial standards. Leasing offices, fitness centers and related accessory uses in residential developments may count toward meeting this requirement.
(5)
Exterior illumination: Exterior illumination discourages "dead spaces" within an urban environment. Because the transit mall area will be 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 mall area as inherently unique. Accent illumination is encouraged across all exterior building walls which face the transit mall, or all existing or proposed streets in the transit mall area and for all walkways.
(6)
Parking areas: The purpose of parking area requirements is to ensure that the parking areas themselves are not the dominant feature of the transit mall area. These requirements prohibit on-site surface parking (other than incidental parking in association with residential development leasing offices) and encourage physical consistency throughout the transit mall area, including the appearance of parking garages.
a.
Allowable parking: Parking areas shall be limited to structure or below grade with the exception of on-street parking. 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 along private streets is permitted.
b.
Parking supply: Parking areas shall be sufficient to meet all parking needs for employees, company vehicles, customers and visitors.
c.
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.
d.
Facade requirements: The following requirements shall apply to parking garages that face a street or the lakefront promenade:
1.
Parking garages shall not front the transit mall.
2.
The narrow facade of the garage is encouraged to be the exposed side.
3.
The exposed facade(s) of the parking garage shall have an architecturally finished surface that is compatible with surrounding development.
4.
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.
(7)
Driveways: Like parking garages, driveways are not intended to dominate the streetscape of the transit mall area. These requirements are intended to promote pedestrian-oriented design that minimizes conflict with vehicular uses.
Curb cuts: Curb cuts shall be limited to no more than one (1) per four hundred (400) 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.
(8)
Material and delivery loading areas: Material and delivery service areas, while necessary, are to be screened from the transit mall area.
Placement: No loading or service area shall front the transit mall, a primary street, or the lakefront promenade.
(9)
Signage: The purpose of signage is to ensure that tenants, residents, and visitors can quickly and easily make their way through the transit mall area and related development. As this area is unique and diverse, 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:
a.
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.
b.
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.
(10)
Fencing: To promote the street-oriented, pedestrian-friendly atmosphere of the transit mall area, fencing needs to be regulated so as not to create barriers which interfere with the desired pedestrian street and promenade experience.
a.
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.
b.
Maximum length: Except for pool safety fencing, the maximum length for a fence section shall be fifty (50) feet with a minimum twenty (20) foot break between sections.
c.
Materials: All fencing shall be wrought iron or steel, of compatible design with the adjacent architecture. Chain link fencing is not an allowed material.
d.
Maximum height: Fencing height shall not exceed current city standards.
e.
Lakefront promenade: Open access to the lakefront promenade easement shall be maintained. This easement shall not be closed off through fencing.
f.
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.
(11)
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.
a.
Mandatory screened elements: The following items shall be screened:
1.
Off-street loading spaces.
2.
Service areas.
3.
Garbage storage/material recycling areas.
4.
Roof mechanical equipment, antennae, satellite receivers, etc. (from the public right-of-way and neighboring properties).
b.
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 (6) 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.
c.
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.
d.
Complementary design: All screening shall be complementary in appearance to adjacent building landscaping design approaches.
(12)
Streetscape and site landscaping: The transit mall area 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 mall overlay district must comply with the landscaping requirements listed below and in so doing, are exempt from all other city landscape requirements currently in effect.
a.
Responsibility: Property owners are responsible for providing landscaping and streetscape materials along the transit mall and primary streets (including on-street parallel parking islands), in addition to other on-site areas.
b.
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.
c.
Public access easement: In order to allow continuous public flow across sidewalks along the transit mall, primary streets, and lakefront promenade, a series of public access easements shall be maintained. 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. Location and width of easements are as follows:
1.
Transit mall — Area within twelve (12) foot dimension from back of curb.
2.
Primary streets — Area within twelve (12) foot dimension from back of curb.
3.
Lakefront promenade — Area within twenty (20) feet from waterside edge of lake.
d.
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.)
1.
Transit mall (South of SH 348)
i.
Major street tree—Drake Elm
ii.
Accent street tree—Cedar Elm
iii.
Transit mall hedge—Foster Holly
2.
O'Connor Boulevard
i.
Major street tree—Live Oak
ii.
Accent street tree—Cedar Elm
3.
California Crossing
i.
Major street tree—Lacebark Elm
ii.
Accent street tree—Little Gem Magnolia
4.
Rochelle Boulevard
i.
Major street tree—Shumard Red Oak
ii.
Accent street tree—Cedar Elm
5.
Other primary streets
i.
Major street tree—Shumard Red Oak
ii.
Accent street tree—Cedar Elm
6.
Secondary street (perpendicular to transit mall)
i.
Live Oak
ii.
Texas Ash
iii.
Lacebark Elm
(13)
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.
a.
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. Property owners are responsible for the cost of crosswalks across private streets only.
b.
Sidewalk paving: Sidewalk paving along the transit mall, primary streets and secondary streets shall include accents areas comprising a minimum of thirty (30) percent of the paved walkway surface. Sidewalks along the lakefront promenade are encouraged to have accent strips comprised of unit pavers. All sidewalk paving must be installed over a subgrade approved by the public works department.
(14)
Utilities: Transformers, switchgear and related utility service equipment shall not be located above ground in the pedestrian access easement along the transit mall, primary streets and lakefront promenade. Building service panels are to be located on the inside of all buildings.
(d)
Administration.
(1)
Application: Application for development within the transit mall overlay district shall be made on forms prepared by the city. The city's development coordinator shall be responsible for administration of the application process. A pre-application conference is required prior to submittal.
(2)
Application contents: To ensure that all provisions of this ordinance are satisfied, applications shall contain sufficient information to evaluate the proposed project. At a minimum the following shall be included:
a.
All non-multifamily projects shall comply with the requirements of subsection 52-32a(b)(1-14) of Ordinance No. 1144 and include building elevations and exterior material selections/colors.
b.
All multi-family projects shall comply with the requirements of section 52-59 (c) (2) a.-j. and section 52-64a of Ordinance No. 1144 with the following exception:
Multi-family projects shall be exempt from the open space requirements of sections 52-59 and 52-64a of Ordinance No. 1144.
(3)
Review and approval procedure: The development coordinator shall oversee the entire submittal process and facilitate review of the project with the respective city departments. Upon completion of departmental reviews, the development coordinator shall convene the development review committee (DRC) to finalize approval, reconcile conflicting requirements and/or recommend public review of the submittal. The DRC may exercise authority to apply these regulations to achieve the stated purpose and intent of the transit mall overlay district. Where developer is not in agreement with conditions placed on the project by DRC, the application may be appealed to the planning and zoning commission for its decision. If the decision of the planning and zoning commission is unsatisfactory to applicant, the decision of the planning and zoning commission may be appealed to the city council. The fee for appealing an application to the planning and zoning commission shall be identical to the fee charged by the city for an application for rezoning.
(Ord. No. 8014, § 1, 6-20-02; Ord. No. 2009-9051, § 7, 2-19-09)