§ 52-64d. State Highway 183 overlay district.

Latest version.

(a)

Description. The State Highway 183 overlay district is a zoning district that regulates land uses and development standards within the State Highway 183 corridor.

(b)

Purpose. The purpose of the State Highway 183 overlay district is to guide new development and redevelopment along the State Highway 183 corridor by designating permitted uses and establishing enhanced standards for the design, appearance, and placement of buildings and other site improvements, landscaping, signs, utilities, lighting, fences, and screening.

(c)

Boundaries. The State Highway 183 overlay district applies to all properties with nonresidential zoning (1) that abut the right-of-way of State Highway 183 from the Irving city limit on the east to the Irving city limit on the west; (2) that share a common property line with a property that abuts the right-of-way of State Highway 183 and have access to the right-of-way of State Highway 183 through a shared parking lot whether or not a formal ingress/egress, access, or parking easement exists, excluding properties that front on Belt Line Road and are north of Grande Bulevar; (3) any portion of which are within three hundred (300) feet of the right-of-way of State Highway 183; (4) that are northeast of State Highway 114 and between the north right-of-way line of Spur 482 and the east side of Loop 12; and (5) that are on the west side of Loop 12 north of State Highway 183 with frontage on Loop 12, State Highway 114, and Tom Braniff Drive as shown on the map attached as Exhibit A. Properties within the boundaries of Dallas/Fort Worth International Airport are not included within the State Highway 183 overlay district. All land and structures within the State Highway 183 overlay district shall be used in accordance with the standards of the overlay district.

(d)

Vision and general design principles. Irving will be the model for safe and beautiful neighborhoods, a vibrant economy, and exceptional recreational, cultural, and educational opportunities. The reconstruction of State Highway 183 creates a unique opportunity to achieve that vision by creating a transportation corridor that is not only a pleasant environment for travelers but also serves as a source of retail, entertainment, dining, and employment opportunities for residents and visitors. Such an environment is characterized by enhanced landscaping, public improvements, building and site design, and sustainability.

Design standards are included in this overlay to provide property owners and developers with a clear set of design parameters that will instruct site planning, architecture, landscaping, streetscapes, signage, and other elements to create a consistent character of excellence throughout the State Highway 183 corridor. Whenever the provisions of the State Highway 183 overlay district conflict with any other requirement in any other zoning ordinance, the more restrictive standard shall apply.

The State Highway 183 overlay district encourages the incorporation of equine and southwestern thematic elements into public spaces and public art, landscaping, signage, lighting, fences and walls, and other site improvements. While such elements are not required, developers are strongly encouraged to incorporate such design elements into all new development to maintain a consistent theme throughout the corridor.

Development should be designed to provide as attractive a streetscape along the State Highway 183 frontage as possible. Parking lots and other paved areas should be de-emphasized in favor of landscaping and attractive building facades.

Paved areas should not be the predominant feature of a development. While parking is to be sufficient to meet the minimum demand of the use it serves, excess parking is strongly discouraged.

When parking areas are between the State Highway 183 right-of-way and a building, such parking areas are to be heavily landscaped with a combination of grass, ground cover, berms, trees, shrubs, or other native and drought-tolerant vegetation.

Parking lots with one hundred (100) or more parking spaces should be divided into segments by wide landscaped walkways that provide safe pedestrian connections between parking areas and buildings. These landscaped walkways serve to create visual relief from paved expanses, minimize storm water run-off, and reduce the heat build-up of paved areas.

Site design should promote efficient vehicle circulation patterns with shared driveways, parking areas, and access easements.

Development and redevelopment should be sustainable, and incorporate such features as energy-efficient buildings, multi-modal transit connections, reduced amounts of paving and other impervious cover, storm water detention/retention, landscaping that includes low-water-demand native and adapted plants that are both drought and heat tolerant, and permeable paving.

(e)

Required standards for new development.

(1)

Applicability.

New construction. The standards established by this subsection 52-64d (e) shall apply to all newly constructed nonresidential structures and all new nonresidential development within the boundaries of the State Highway 183 overlay district.

Expansion of existing structures. If an existing nonresidential structure is expanded by thirty (30) percent or more of its first floor area, or if one or more additional floors are added, or if it is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least thirty (30) percent of the current value of the structure as established by the most current value established by the Dallas Central Appraisal District, the entire structure and the entire property on which it stands shall be brought into compliance with the standards established by this subsection 52-64d (e). For the purpose of determining whether improvements to existing structures and properties shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

(2)

Landscaping.

Landscaped buffer. A thirty-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, and a fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

Landscaping materials. The landscaping buffers shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs in section 52-35a of the zoning ordinance, and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 52-35a. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director if the hardscape elements are consistent with the overall design of the development, do not conflict with visibility requirements or easements, and do not create any potential safety hazard.

Trees required in landscaped buffers. Within the thirty-foot-wide landscaping buffer along the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage, one (1) tree shall be planted for each thirty (30) feet of linear frontage of the landscaped buffer. Within the fifteen-foot-wide landscaping buffer along frontages other than State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, one (1) tree shall be planted for each forty (40) feet of linear frontage. Trees should be staggered, clustered, and otherwise arranged in landscaped areas in order to enhance the visibility of the buildings rather than being spaced evenly across the frontage of the property.

Screening of parking. The thirty-foot and fifteen-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 52-64d (k)(1)e. below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 52-64d (i)(4)a. for specific provisions for automobile sales lots.

Driveways and sidewalks within landscaped buffers. The landscaped buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The landscaped buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

Parking lot trees. All parking lots shall be landscaped with a minimum of one (1) tree for every ten (10) parking spaces. Trees may be evenly spaced throughout parking lots with less than one hundred (100) parking spaces. In parking lots with one hundred (100) or more parking spaces, trees should be clustered in landscaped island areas, along major drives, or otherwise distributed within the parking area rather than being evenly spaced. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 52-64d (i)(4)a. for specific provisions for automobile sales lots.

Parking garage landscaping. Parking garages, if provided, shall provide a ten-foot-deep landscape buffer around the entire base of the parking garage. Trees shall be planted thirty (30) feet on-center within the landscape buffer. Parking garages attached to a building shall provide the landscaped buffer only on those exterior sides not adjacent to the attached building.

Maintenance of adjacent rights-of-way. Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of landscaping, unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

Irrigation system required. All landscaping on the premises and within the adjacent right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable Texas Department of Transportation policies and City of Irving ordinances. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

Maintenance required. All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shall be replaced immediately. The director may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement. Additional postponement may be granted by the director in drought or other declared water emergency conditions.

(3)

Building materials and design. All nonresidential buildings shall comply with the material and architectural details requirements of the commercial design standards established in sections 52-35c and 52-35d of the zoning ordinance except that facades facing State Highway 183 shall provide vertical articulation of eighteen (18) percent of the wall's height as opposed to the standard fifteen (15) percent.

(4)

Site design.

Minimize paving. Development shall be designed to minimize the amount of paving and parking between buildings and the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage.

Parking location. No more than twenty-five (25) percent of the required parking for a use may be located between the facade of a building and the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way. The additional seventy-five (75) percent may be located beside or behind the facade facing the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way.

Internal walkways. All parking lots that contain more than one hundred (100) parking spaces shall include internal pedestrian walkways a minimum of five (5) feet wide from the public sidewalk to the main entrance of the principal use of the property, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps. Pedestrian walkways shall be provided for every three (3) driving aisles or at a distance of not more than one hundred-eighty-foot intervals, whichever is less.

Pedestrian walkways shall also be provided to connect points of origin such as outlying parking spaces and bus stops with destinations such as building entrances. All such walkways shall be constructed of conventional sidewalk materials, enhanced pavers, stamped concrete or asphalt, bricks, or scored concrete, shall be clearly marked, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps.

Walkways crossing driveways. Where internal pedestrian walkways cross driveways, such walkways shall be distinguished from driving surfaces through the use of design features such as contrasting colors, enhanced pavers, stamped concrete or asphalt, bricks, scored concrete, and alternate colors. Such crossings shall comply with all applicable requirements of the Texas Accessibility Standards.

Accessory buildings and uses. Accessory buildings and uses are not permitted within the parking lot area, or between a principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Outside storage. Outside storage of any kind, other than outside display of automobiles or similar vehicles for sale or lease, temporary storage of shopping carts in cart corrals per subsection (e)(4)g. below, or as allowed by subsection 52-56(c)(9) is not allowed between any principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Shopping carts. Cart corrals shall be provided by all establishments using shopping carts. Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be placed in designed locations within the parking lot or adjacent to the building, and surrounded by landscaping with trees. When an establishment is closed, shopping carts are to be stored either within the building or screened with a wall that is integral to the architectural design of the building.

Building services.

The location of above ground utility facilities should be identified early in the design process. Utility facilities shall be located where they do not conflict with featured views, outdoor dining areas, and/or site circulation. Facilities should be accessible for maintenance and service requirements.

ii.

Loading areas and docks, truck parking, overhead doors, outdoor storage, utility meters, HVAC equipment, trash collection, and other building service functions and areas shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets. These functions and areas shall not be on any facade facing State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other public street frontage.

iii.

Solid waste collection areas and ground mounted mechanical equipment shall be screened from view from State Highway 183 Loop 12, State Highway 114, Spur 482, State Highway 161, any other street, and any adjacent residentially zoned property.

iv.

Screening materials for solid waste collection and loading areas shall be the same as, or of equal quality to, the materials used for the principal building. Dumpsters shall be located in accordance with chapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Roof mounted mechanical equipment, including solar panels, shall be screened from view in accordance with chapter 15 of the Irving Land Development Code.

(5)

Underground utilities. All new construction to be built in the State Highway 183 overlay district shall have underground utilities from the building to the property line. To the extent possible, all new utilities extended from off-site to serve the development must also be underground or within an easement along the rear of the property to reduce the amount of overhead utilities along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

(6)

Parking requirements.

Required parking. Parking for the uses allowed by this overlay shall be provided in accordance with section 52-36 of the zoning ordinance with the following exceptions:

Retail uses: 1/250 square feet

ii.

Office and financial institution uses: 1/300 square feet

iii.

Restaurants: 1/100 square feet

iv.

Compact parking spaces are prohibited.

Surplus parking spaces may be provided but may not exceed the minimum number required by this section by more than twenty (20) percent. For purposes of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement, but shall count toward the minimum requirements:

(a)

Accessible parking;

(b)

Bus, vanpool, and carpool parking;

(c)

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves;

(d)

Dedicated motorcycle or motor scooter parking spaces; and

(e)

For purposes of calculating parking requirements, fleet vehicle parking spaces shall not count toward either the minimum or maximum parking requirements.

vi.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

(a)

The proposed development has unique or unusual characteristics such as high sales volume per floor area, low parking turnover, or overlapping shift work which creates a parking demand that exceeds the maximum ratio, and which typically do not apply to comparable uses; and

(b)

The parking demand cannot be accommodated by shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; and

(c)

The request is the minimum necessary variation from the standards; and

(d)

If located in a mixed use district, the uses in the proposed development and the site design are highly supportive of the mixed use concept and support high levels of existing or planned pedestrian activity.

vii.

Retail, restaurant, office, and entertainment uses shall provide designated bicycle parking areas within fifty (50) feet of the building entrance with a minimum of one (1) bicycle parking space for each fifty (50) vehicle parking spaces up to a maximum of ten (10) spaces.

viii.

Retail, restaurant, office, and entertainment uses are encouraged to provide dedicated parking spaces for motorcycle and motor scooter parking at a ratio of one (1) space per one hundred (100) automobile parking spaces.

Paving standards. Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be paved with a minimum of five (5) inches of three thousand (3,000) pounds per square inch concrete with #3 rebar on eighteen-inch centers both ways. Parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading.

Striping required. All required parking shall be clearly striped.

(7)

Screening/fencing regulations. All screening fences required by this overlay district or any other provision of the zoning ordinance shall be a minimum of seven (7) feet in height, and constructed of masonry materials in accordance with chapter 15 of the Irving Land Development Code. The director may approve alternate materials that match or are consistent with either the building on the same property or the noise walls constructed in conjunction with State Highway 183.

(8)

Sign regulations. All signs shall comply with chapter 7 of the Irving Land Development Code.

(9)

Lighting regulations. Exterior lighting is not required except for purposes of public safety. However, if installed, all exterior lighting shall meet the following standards:

Concealment and shielding. Light sources shall be concealed or shielded with luminaries containing shielding, skirts, or cut-offs with a cutoff angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. For purposes of this requirement, the angle shall be measured using a line drawn from the direction of light rays at the light source or reflector, and a line perpendicular to the ground from the light source above from which no light is emitted.

Lighting to be minimized. Parking lots and other background spaces shall be illuminated as unobtrusively as possible while meeting the functional needs of safe circulation and protection of people and property. Foreground spaces, such as building entrances and outside seating areas, shall utilize local lighting that defines the space without glare. Floodlights shall not be utilized to light any portion of a building facade after normal business hours. For purposes of this section, if the seating area of a restaurant is closed but a drive-through remains open, the business shall be considered to be closed and any floodlights shall be turned off.

Style. The style of light standards and fixtures shall be consistent with the overall theme and design of the State Highway 183 overlay district. Architectural styles consistent with on-site buildings may be approved by the director. "Cobra head" fixtures, galvanized metal poles, and arm lengths greater than four (4) feet are prohibited.

Glare prohibited. Lighting shall not cast glare onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles.

Maximum spillover. In no case shall exterior lighting add more than one (1) footcandle to illumination levels at any point off-site.

Highlighting. Lights may be used to highlight trees and similar features within public and private plazas, courtyards, walkways, and other similar outdoor areas at night to create excitement and a festive ambiance.

Uplighting. Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

Architectural lighting. Architectural lighting may be used to articulate the particular building design or to create effects of shadow, relief, and outline that add visual interest and highlight aspects of the building. Lighting of cornices, up lighting, and other effects may be used. For upward-directed architectural, landscape, or decorative lighting, direct light emissions shall not be visible above the roof line.

Building-mounted fixtures. Building-mounted light fixtures shall be attached to walls, and the top fixture shall not be lower than ten (10) feet or higher than eighteen (18) feet above finished grade, except entry/exit lighting positioned above the entry/exit.

After-hours reduction. All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off after normal business hours.

Flickering and flashing lights. No flickering or flashing lights shall be permitted except for temporary decorative seasonal lighting.

Color. White light meeting a minimum color standard of 2800 kelvin shall be used at all times. The use of low-sodium vapor or high-pressure sodium vapor lighting is prohibited.

Security lighting. Any exterior lighting device (luminaire) designed for security lighting shall be protected by weather- and vandal-resistant covering, be a managed light source, and directed down to minimize glare and intrusiveness.

Uniformity of illumination. Parking lot, driveways, and pedestrian circulation route lighting shall provide a uniform level of light throughout the entire parking area. Fixtures shall be arranged in order to provide uniform illumination throughout the parking lot of a 3:1 uniformity ratio of average illumination to minimum illumination.

Height of fixtures. Freestanding light fixtures shall not exceed twenty (20) feet in height within fifty (50) feet of any residential zoning district, twenty-five (25) feet in height within fifty (50) to one hundred fifty (150) feet of any residential zoning district, and thirty-five (35) feet in all other locations. For the purposes of this requirement, height shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.

Height of bases. Concrete light fixture bases shall be no taller than eighteen (18) inches.

Canopy lighting. Light fixtures mounted under canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded to eliminate glare on the adjacent property or right-of-way.

(10)

Access standards. All development subject to this section shall comply with the City of Irving Access Policy.

(f)

Residential adjacency/protection. All new development and redevelopment under this section that abuts or is adjacent to any residential use (other than residential use within a mixed use or transit oriented development, or a residential use accessory to a nonresidential use) shall provide for the protection of the adjacent residential uses by complying with the following regulations.

(1)

Setback from adjacent residential for buildings up to twenty (20) feet high: 30 feet

(2)

Setback from adjacent residential for buildings over twenty (20) feet high: 30 feet plus 3 feet for each additional 1 foot in height with a maximum of 60 feet

(3)

Parking setback from adjacent residential: Minimum rear or side setback for parking spaces: 20 feet

(4)

Landscaped buffer. A landscaped buffer with a minimum width of twenty (20) feet shall be provided adjacent to all property lines that abut residentially zoned property. The landscaped buffer shall be planted with trees from the approved tree list at a spacing of a maximum of thirty (30) feet.

(5)

Screening fence. A seven-foot-tall minimum masonry screening fence constructed of masonry materials in accordance with chapter 15 of the Irving Land Development Code or as approved by the director shall be provided along the property line(s) or within twenty (20) feet of the property line(s) abutting residentially zoned property unless the residential property is required to provide a screening fence per the approved zoning of the residential property.

(6)

Lighting. Lighting shall not encroach into the residential property. Light fixtures shall be designed to include a light cut-off feature that blocks glare and prevents light encroachment into the residential property.

(7)

Outside speakers. Outside speakers shall not be located closer than one hundred (100) feet to a residential property line and shall not be utilized between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays. Outside speakers related to restaurant and retail drive-through facilities shall not be located closer than fifty (50) feet to a residential property line, and may not be utilized between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays if less than one hundred (100) feet away from a residential property line.

(8)

Loading areas. Loading areas within one hundred (100) feet of a residential property line may not be used between the hours of 10:00 p.m. and 7:00 a.m.

(9)

Trash containers. Trash containers within one hundred (100) feet of a residential property line may not be serviced between the hours of 10:00 p.m. and 7:00 a.m.

(g)

Vacant properties.

(1)

Maintenance required. All vacant properties shall be mowed, kept clear of brush, and otherwise maintained by the owner in addition to any adjacent right-of-way area between the property line and the back of curb.

(2)

Exception. Properties that are adjacent to right-of-way with a minimum depth of fifty (50) feet between the back of curb and the property line shall not be required to maintain the portion of right-of-way that is beyond fifty (50) feet of the property line.

(3)

Overgrown properties. Vacant properties shall not be allowed to become overgrown (vegetative cover exceeding ten (10) inches in height). Nothing within this section shall be construed to require the removal of any existing trees unless the trees pose a safety hazard due to their location or condition.

(4)

Trash and litter prohibited. Vacant properties and any adjacent right-of-way shall remain free of refuse, garbage, trash, litter, and debris.

(5)

Definition. For purposes of this section, "vacant properties" shall be defined as any tract or lot that is not part of any public right-of-way and that does not have a habitable building or structure constructed on it.

(h)

Required standards for existing developed properties not undergoing expansion/redevelopment.

(1)

Applicability. The standards established by this subsection 52-64d (h) shall apply to all existing nonresidential structures and development within the boundaries of the State Highway 183 overlay district not covered in subsection 52-64d (e).

(2)

Landscaping.

Landscaped buffer. A fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161, and a ten-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

Landscaping materials. The landscaping buffer shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs in section 52-35a of the zoning ordinance, and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 52-35a. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director.

Trees required within landscaped buffer. Within the fifteen-foot and ten-foot-wide landscaping buffers, one (1) tree shall be planted for each forty (40) feet of linear frontage of the landscaped buffer. Trees should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property in order to enhance the visibility of the buildings.

Screening of parking. The fifteen-foot and ten-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 52-64d (k)(1)e. below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 52-64d (i)(4)a. for specific provisions for automobile sales lots.

Parking lot trees. All parking lots shall be landscaped with a minimum of one (1) tree for every thirty (30) parking spaces. Trees may be evenly spaced throughout the parking lot, or clustered in landscaped island areas, along major drives and fire lanes, or otherwise distributed within the parking area. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 52-64d (i)(4)a. for specific provisions for automobile sales lots.

Maintenance of adjacent rights-of-way. Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of the landscaping unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

Irrigation system required. All landscaping on the premises and within the right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable ordinances and policies. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

Alternate landscaping plan. The director may approve alternate landscaping plans that meet the spirit and intent of this overlay. Criteria for approving an alternate landscaping plan include, but are not limited to, (1) the landscaping plan provides the required number of trees or total landscaped area, but not in the locations required by this overlay; (2) the landscaping plan maximizes the amount of landscaping while keeping the required number of parking spaces within twenty (20) percent of the minimum number of spaces required by this overlay; (3) compliance with the landscaping requirements would create a parking shortage greater than twenty (20) percent of the minimum requirement; or (4) restrictions exist that are beyond the control of the property owner (such as transit-related easements or cross-access easements existing as of February 3, 2011) that prevent installation of landscaping in the required location. Nothing in this section shall be construed to require the demolition of a building to create the landscape buffer. The director is not required to approve an alternate landscaping plan, but may for any reason chose to disapprove it. Appeals to the director's disapproval shall be processed in the same manner as for a variance to section 52-35a of the zoning ordinance.

Deadline for installation. All landscaping required by this subsection shall be installed no later than three (3) years after completion of frontage road construction work along the particular property's frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. Should a new certificate of occupancy be issued prior to completion of frontage road construction work along the property's frontage, the planting of trees and other landscaping along the frontage may be deferred until three (3) years after completion of the frontage road construction, however, the landscaped area shall be planted with grass or ground cover, and maintained and irrigated in accordance with subsections g., h., and i. above. For properties included in the State Highway 183 overlay that do not front directly onto State Highway 183 but are within three hundred (300) feet of the right-of-way of State Highway 183, the landscaping required by this subsection shall be installed no later than three (3) years after completion of the portion of the frontage road nearest the particular property. For properties included in the State Highway 183 overlay that front only Loop 12, State Highway 114, Spur 482, or State Highway 161, landscaping will be required at the time of initial development or redevelopment that constitutes at least fifty-one (51) percent of the current value of the property as established by the latest approved city tax roll prepared by the Dallas Central Appraisal District.

(3)

Underground utilities. All new utilities extended to an existing building must be installed underground from the building to the property line. To the extent possible, all new utilities extended from off-site to serve the development must also be underground or within an easement along the rear of the property to reduce the amount of overhead utilities along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

(4)

Parking requirements.

Required parking. Parking for the uses allowed by this overlay shall be provided in accordance with section 52-36 of the zoning ordinance with the following exceptions:

Retail uses: 1/250 square feet

ii.

Office and financial institution uses: 1/300 square feet

iii.

Restaurants: 1/100 square feet

iv.

Compact parking spaces are prohibited.

(a)

Accessible parking;

(b)

Bus, vanpool, and carpool parking;

(c)

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves; and

(d)

Dedicated motorcycle or motor scooter parking spaces.

(e)

For purposes of calculating parking requirements, fleet vehicle parking spaces shall not count toward either the minimum or maximum parking requirements.

vi.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

(a)

(b)

The parking demand cannot be accommodated by shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; and

(c)

The request is the minimum necessary variation from the standards; and

(d)

vii.

viii.

Paving standards. Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading. If an existing parking lot is upgraded to the degree that fifty-one (51) percent or more of the base of the parking lot is being replaced, then any overhead utilities on the property shall be relocated underground concurrently with the upgraded paving.

Striping required. All required parking shall be clearly striped.

(5)

Screening/fencing regulations. Height and materials. Screening fences required by this overlay district or any other provision of the zoning ordinance shall be a minimum of seven (7) feet in height, and constructed of masonry materials in accordance with chapter 15 of the Irving Land Development Code or as approved by the director that matches either the building on the same property or the noise walls constructed in conjunction with State Highway 183. Any screening fence or wall placed adjacent to a noise wall constructed in conjunction with State Highway 183 shall match the height, materials, and design of the noise wall.

(i)

Permitted uses and area requirements.

(1)

Exceptions for properties with site plan zoning. Properties with Detailed Site Plan (S-P-1) or Generalized Site Plan (S-P-2) zoning shall comply with the requirements of their respective site plan zoning relative to any specific provisions for uses, setbacks, height, parking, landscaping, and/or signage. Unless otherwise specifically delineated on an approved site plan, the standards of the State Highway 183 overlay district shall take precedence over any other less specific standard of the site plan.

(2)

Land uses with specific approval processes. Land uses with specific requirements and approval processes established elsewhere in the zoning ordinance such as, but not limited to, hotels, nondepository financial institutions, restaurants with the accessory use of the sale of alcoholic beverages, wireless telecommunications facilities, environmentally sensitive land uses, and multifamily development remain subject to the specific requirements and approval processes established for such uses elsewhere in the zoning ordinance.

(3)

Segments. Existing development along State Highway 183 includes many types of land uses ranging from low-density single family to heavy industrial. Future development and redevelopment is expected to include a range of land uses, but in a different pattern. For this reason, this overlay district divides the State Highway 183 corridor into distinct segments, each with its own particular list of permitted uses, all of which are subject to the development standards listed in the previous subsections.

Uses are permitted in the various segments of the State Highway 183 overlay district in accordance with the following use chart. The uses permitted by the use chart take precedence over any uses permitted or not permitted by the base zoning of any particular property with the exception of properties zoned Detailed Site Plan (S-P-1) or Generalized Site Plan (S-P-2) (see subsection (i)(1) above).

SEGMENTS

A	SH 183 (western city limits - Esters Road)
B	SH 183 (Esters Road - Belt Line Road)
C	North side SH 183 (Belt Line Road - Story Road)
D	South side SH 183 (Belt Line Road - Story Road)
E	North side SH 183 (Story Road - O'Connor Road)
F	South side SH 183 (Story Road - O'Connor Road)
G	North side SH 183 (O'Connor Road - BNSF Railroad)
H	South side SH 183 (O'Connor Road - BNSF Railroad)
I	North side SH 183 (BNSF Railroad - Loop 12)
J	South side SH 183 (BNSF Railroad - Loop 12)
K	North side SH 183 (Loop 12 - eastern city limits); and north side of Spur 482, north of SH 114, east of Loop 12
L	South side SH 183 (Loop 12 - eastern city limits)
M	North side of Texas Plaza, north of SH 114 and west of Loop 12

Uses

Segment

Open Space and Parks

Enhanced landscaping

•

Gateway features

•

Open space

•

Trail system linkage

•

Residential

Medium/high density residential (18+ du/a)

•

Educational or Institutional

Government buildings and uses

•

Museum

•

Religious assembly

•

Trade or vocational school

•

University or college

•

Medical

Hospital

•

Medical or dental clinic

•

Medical or dental laboratory

•

Veterinary clinic/hospital

•

Office and Financial

Depository financial institution with or without drive-through

•

Office, general

•

SEGMENTS

A	SH 183 (western city limits - Esters Road)
B	SH 183 (Esters Road - Belt Line Road)
C	North side SH 183 (Belt Line Road - Story Road)
D	South side SH 183 (Belt Line Road - Story Road)
E	North side SH 183 (Story Road - O'Connor Road)
F	South side SH 183 (Story Road - O'Connor Road)
G	North side SH 183 (O'Connor Road - BNSF Railroad)
H	South side SH 183 (O'Connor Road - BNSF Railroad)
I	North side SH 183 (BNSF Railroad - Loop 12)
J	South side SH 183 (BNSF Railroad - Loop 12)
K	North side SH 183 (Loop 12 - eastern city limits); and north side of Spur 482, north of SH 114, east of Loop 12
L	South side SH 183 (Loop 12 - eastern city limits)
M	North side of Texas Plaza, north of SH 114 and west of Loop 12

Uses

Segment

Retail and Dining

Building material sales (indoor)

•

Convenience store

•

Drive-in restaurant

•

Furniture and appliance sales

•

Gasoline service station

•

Grocery store

•

Restaurant, with or without drive-through

•

Retail sales

•

Retail store, general

•

Heavy Commercial and Services

Auto parts and accessories, sales and Installations

•

Auto repair garage

•

Car wash

•

Dry cleaning and laundry service

•

General personal services

•

New automobile and light truck sales, rental and service; conditional used automobile sales; used automobile and trucks as an accessory use - see Sec. i(4)a*

•

Trade services

•

SEGMENTS

A	SH 183 (western city limits - Esters Road)
B	SH 183 (Esters Road - Belt Line Road)
C	North side SH 183 (Belt Line Road - Story Road)
D	South side SH 183 (Belt Line Road - Story Road)
E	North side SH 183 (Story Road - O'Connor Road)
F	South side SH 183 (Story Road - O'Connor Road)
G	North side SH 183 (O'Connor Road - BNSF Railroad)
H	South side SH 183 (O'Connor Road - BNSF Railroad)
I	North side SH 183 (BNSF Railroad - Loop 12)
J	South side SH 183 (BNSF Railroad - Loop 12)
K	North side SH 183 (Loop 12 - eastern city limits); and north side of Spur 482, north of SH 114, east of Loop 12
L	South side SH 183 (Loop 12 - eastern city limits)
M	North side of Texas Plaza, north of SH 114 and west of Loop 12

Uses

Segment

Warehouse and Industrial

General industrial services

•

Light assembly/fabrication

•

Light manufacturing

•

Mini storage

•

Research and development laboratory

•

Warehouse

•

Welding shop

•

Wholesale distribution

•

Travel, Leisure, and Entertainment

Bowling alley

•

Cinema

•

Entertainment uses

•

Hotels, in accordance with Section 52-35b

•

Mixed Uses

Mixed use

•

Transit Oriented Development (within ¼ mile of rail transit station)

•

(4)

Use-specific standards.

Automobile sales lots.

Properties developed and operating as a franchised new automobile sales lot on February 3, 2011, as noted on the attached map labeled Exhibit B are hereby approved for such use and may continue to be used for franchised new automobile sales. Properties developed and operating as a corporate owned used automobile sales lot on February 3, 2011, that have (1) a minimum of five (5) acres of land, (2) a sales and service building of a minimum of twenty thousand (20,000) square feet with four (4) service bays that provide repairs and make-ready services for automobiles being sold, and (3) a display area of a minimum of one hundred (100) automobiles as noted on the attached map labeled Exhibit B are also hereby approved for such use and may continue to be used for used automobile sales.

ii.

Notwithstanding any provisions of subsection 52-64d (i)(1) above, the sale of used automobiles as a principal use with no accessory use relationship with a franchised new automobile sales business along State Highway 183 and that does not comply with the standards of subsection 52-64d (i)(4)a.i. above is not allowed in the State Highway 183 overlay district. Properties developed and operating as a used automobile sales lot on February 3, 2011, as noted on the attached map labeled Exhibit C shall be considered nonconforming uses.

iii.

Should the use of a property for the sale of automobiles be discontinued or abandoned for a period of twenty-four (24) consecutive months, then such use may not be resumed, and all future use of the property shall be in accordance with the Use Chart in subsection (3) above. Properties formerly used for an automobile sales lot that are closed or inactive as of February 3, 2011, shall be subject to this section. Any of the following conditions, events, or conduct shall constitute the discontinuance or abandonment of the auto sales use regardless of the intent of the owner:

(a)

The use changes to a use other than automobile sales;

(b)

The closure or cessation of the use for a period of twenty-four (24) consecutive months;

(c)

Water service or other public utility service is discontinued for a period of twenty-four (24) consecutive months with the exception of water service to an irrigation-only meter; or

(d)

Failure of the owner to initiate repairs or reconstruction within a period of twenty-four (24) months in the event the automobile sales use suffers damage or destruction from fire, storm, flood, or other disaster.

iv.

Properties developed and operating as an automobile sales lot on February 3, 2011, as noted in the attached Exhibit B shall be required to comply with the following design standards in subsections v. thru xv. All improvements required by these subsections shall be completed no later than three (3) years after completion of frontage road construction work along the particular property's frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. Should a new certificate of occupancy be issued prior to completion of frontage road construction work along the property's frontage, the planting of trees and other landscaping along the frontage may be deferred until three (3) years after completion of the frontage road construction.

Automobile sales lots shall have a minimum area of three (3) acres. Dealerships with multiple lots or tracts shall aggregate through platting the separate lots or tracts into one (1) in order to provide proper access and circulation.

vi.

In addition to the landscaping required by subsection 52-64d (h)(2) above and subject to the same deadline for installation, automobile sales display areas visible from a public street right-of-way shall be landscaped with a minimum of one (1) four-inch caliper tree per each thirty (30) display spaces.

vii.

All vehicles displayed outdoors must be displayed on the ground, and not artificially elevated by ramps, cranes, lifts, hills, slopes, or any other artificial means. Parking vehicles for display in the right-of-way, landscape buffer area, or required parking setback is prohibited.

viii.

Canopies, awnings, or other structures built to cover vehicles displayed for sale shall comply with the required setbacks from property lines, and be consistent with the design and colors of the principal buildings on the property. Such structures shall be designed to include architectural details and enhancements, and shall not resemble flat-roof carports. Such structures need not comply with the building material requirements of subsection 52-64d (e)(3).

ix.

Newly constructed automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be striped and paved with a minimum of five (5) inches of three thousand (3,000) p.s.i. concrete with #3 rebar on eighteen-inch centers both ways. New and existing parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading.

Service activities shall be clearly incidental to the vehicle sales operation.

xi.

Vehicle service activities shall occur within a completely enclosed building.

xii.

Vehicles which have visible body damage shall be stored completely within an enclosed building, or within an area completely enclosed by a masonry fence a minimum of seven (7) feet tall. Any outside storage of such vehicles inside a masonry fence shall not be located less than one hundred (100) feet from the State Highway 183 right-of-way.

xiii.

Vehicle loading and unloading activities may take place only within the property (no maneuvering in the right-of-way), and may not occur between the hours of 10:00 p.m. and 7:00 a.m. if the property abuts residential zoning.

xiv.

Banners, streamers, pennants, inflatable signs, characters and materials, and other non-permanent signs are prohibited.

xv.

Newly erected flagpoles shall not exceed fifty (50) feet in height. Flag poles existing as of February 3, 2011, that exceed fifty (50) feet in height may remain.

Big box retail.

Stand alone retail buildings with a floor area of fifty thousand (50,000) square feet or more shall be designed such that the front facade has a minimum of three (3) distinct sections to appear as if to accommodate at least three (3) separate occupants.

ii.

The building shall have clearly defined, highly visible customer entrances with a minimum of three (3) of the following features: canopies, porticos, overhangs, recesses/projections, raised corniced parapets over the doors, peaked roof forms, outdoor patios, display windows, arcades, arches, wing walls, and integral planters.

iii.

Covered waiting areas shall be provided adjacent to all public entrances extending a minimum of ten (10) feet on both sides of the doors. Benches or other seating facilities shall be provided in the waiting areas.

iv.

All sides of the building shall comply with the articulation standards of subsection 52-64d (e)(3) above.

A seven and one-half-foot deep landscaped buffer shall be provided along the base of the wall of the building except for entrances and loading areas. The landscaped buffer shall include grass or ground cover and a combination of trees, shrubs, seasonal plants, and/or other landscaping elements.

vi.

A variation in roof lines shall be provided to provide visual interest and reduce the massive scale of large buildings. Roof features shall incorporate a minimum of two (2) of the following features: parapets screening flat roofs and rooftop equipment, overhanging eaves, sloped roofs, three or more roof planes, or repeating patterns of changes in color, texture and material modules.

vii.

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity, metallic, or fluorescent colors is prohibited.

viii.

Building trim and accent areas may feature brighter colors, including primary colors, however, neon, argon, or similar type tubing is not allowed.

Transit oriented development.

Transit oriented development shall be a permitted use on those properties for which such use is indicated as allowed in the use charts in subsection 52-64d (i).

ii.

Transit oriented development shall comply with the design standards established in section 52-32g of the zoning ordinance.

iii.

Approval of transit oriented development projects shall be in accordance with all the requirements of subsection 52-32g (i) with the exception that no zoning change application is required.

Mixed use development.

Mixed use development shall be a permitted use on those properties for which such use in indicated as allowed in the use charts in subsection 52-64d (i).

ii.

The mixed use category is established to encourage and facilitate the development of large-scale, distinctive regional centers containing a concentrated mix of land uses in the same structure or in close proximity. Such centers should include major economic generators with a regional market draw such as regional retail centers, major employers, restaurants, theaters, hotels, and relatively dense office development. The center should contain a broad mix of complementary uses including high-density residential, civic and public facilities, parks, and open space. Development should facilitate and encourage pedestrian travel between residential and nonresidential uses. Transit facilities and pedestrian-friendly elements are important components of mixed use centers.

iii.

Mixed use development should have a minimum area of twelve (12) acres. Residential development should provide a minimum density of eighteen (18) dwelling units per acre.

iv.

New mixed use development shall establish a regular pattern of blocks that encourages pedestrian circulation without unduly limiting vehicular traffic. Connectivity to adjacent neighborhoods is to be provided with access to surrounding residential neighborhoods limited to the lower density and residential component of the mixed use development. The site should be designed to limit the amount of commercial traffic coming to and going from the development through residential neighborhoods, while encouraging pedestrian access from adjacent neighborhoods.

Streetscape design shall include public sidewalks within pedestrian access easements a minimum of sixteen (16) feet wide and a maximum of eighteen (18) feet wide on all sides of all streets (excluding any frontage on State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161). The sidewalk area shall incorporate both a street tree/furniture area a minimum of six (6) feet in width adjacent to the curb of the street and a clear area between the street tree/furniture area and the face of the buildings. Street trees shall be planted along all internal streets in the mixed use development (excluding any frontage on State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161) within the street tree/furniture area at an average spacing of twenty (20) to thirty (30) feet on center. The street tree/furniture area may also be used for the placement of seating, street lights, planters, waste receptacles, bicycle racks, utility structures, and similar elements. Outdoor seating for restaurants is allowed within the clear zone area as long as a minimum six-foot-wide unobstructed walkway is maintained.

vi.

A minimum of seventy-five (75) percent of a building's facade facing a public street shall be brought up to the edge of the clear zone.

vii.

Crosswalks across streets and driveways shall be constructed of pavers and shall be installed over a concrete sub-base and comply with the minimum design standards of the city. The city shall be responsible for maintenance of pavers in public streets only. Adjacent property owners shall be responsible for maintenance of pavers in private streets and driveways.

viii.

Sidewalks along the streets shall include accent areas of pavers comprising a minimum of thirty (30) percent of the paved walkway surface. All sidewalk paving shall be installed over a sub-grade approved by the city and shall be maintained by the adjacent property owner.

ix.

Ground-floor facades that face public streets or other public areas (outdoor gathering spaces, parks or open space, parking areas) shall incorporate pedestrian-oriented design features into no less than sixty (60) percent of their horizontal length. Pedestrian-oriented design features may include arcades, display windows, entryways, awnings, shaded sidewalks, or other similar features approved by the director.

Commercial uses such as retail, restaurant, personal services, and small offices shall be located at the street level of a mixed use development, with support residential and larger office uses located on the upper floors within the same building or in other buildings nearby.

xi.

Parking structures shall be wrapped by retail, office, or residential uses along at least sixty (60) percent of the ground-floor frontage on all public and private streets.

xii.

Residential uses incorporated within a mixed use district shall be visually and/or physically integrated with nonresidential uses by being (a) vertically located above street-level commercial uses or (b) horizontally integrated into the site by being located between the highest density uses within the center and the adjacent neighborhood, and by including pedestrian connections that include a clear pedestrian circulation system that minimizes conflict between pedestrian and vehicular movements and encourages pedestrian activity between residential and nonresidential uses.

xiii.

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 and stand-alone restaurants. On-street parking shall not be designated per individual businesses or occupancies, 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 approval process.

xiv.

All mixed use developments shall dedicate a minimum of two (2) percent of the net site area to one (1) of the following types of outdoor gathering spaces or pedestrian amenities that shall be located so as to be readily accessible and usable by residents and visitors to the development: (a) a landscaped private common open space for use of residents, employees, and visitors to the development, or (b) a playground, patio, or plaza with outdoor seating area with a minimum area of four hundred (400) square feet. Where significant natural or scenic resources exist on a site, the developer shall give priority to their preservation as an outdoor gathering area. Private yards, public or private streets or rights-of-way, and parking areas and driveways shall not be counted toward this requirement.

xv.

Approval of mixed use developments shall be in accordance with the same requirements as for a transit oriented development as provided in subsection 52-32g (i) with the exception that no zoning change application is required.

(5)

Area regulations. The following minimums and maximums shall be required for any development within the State Highway 183 overlay district except for transit oriented development or mixed use development:

Minimum front yard setback: 30 feet from any street right-of-way.

Minimum rear and side yard setback:

10 feet abutting non-residential use or zoning

30 feet for buildings up to 20 feet high abutting residential use or zoning

30 feet plus 3 feet for each additional 1 foot in height above 20 feet for buildings over 20 feet high abutting residential use or zoning

Minimum parking setback:

30 feet from State Highway 183

15 feet from any other street right-of-way

20 feet from residential use or zoning

Minimum separation between buildings: 0 feet

Lot width: 80 feet

Lot depth: 100 feet

Maximum height: 150 feet

Maximum impervious lot coverage: 80 percent

(j)

Nonconforming uses. Uses and structures that are rendered nonconforming by this section 52-64d shall be governed by the provisions of section 52-47 "Nonconforming uses" of the zoning ordinance.

(k)

Design guidelines for public rights-of-way and property. The freeway rights-of-way belong to the public and should provide a visually pleasing experience. Public rights-of-way and other publicly owned properties should provide the same level of high quality design, materials, sustainability, and maintenance as that required of private property.

Public rights-of-way should be landscaped and maintained in an attractive, sustainable manner. Lighting should be installed and maintained according to the theme and nature of its location. Traffic control cabinets, utility cabinets, switchgear, and similar installations should be screened with landscaping, berms, and/or walls. Utilities should be installed underground. Noise walls, bridge abutments, and roadway slopes should be enhanced with landscaping, graphics, and other elements.

In accordance with Irving City Council Resolution Nos. 11-18-99-537, 1-10-02-017, and 10-30-03-391, the following minimum standards should be incorporated into the design and construction of improvements within the State Highway 183 right-of-way.

(1)

Landscaping standards.

Selection of materials. The installation and continuous maintenance of landscaping is extremely important. Landscape materials in areas that are completely surrounded by public right-of-way and not able to be maintained by an owner of an adjacent tract or lot should be chosen for their heat and drought tolerance and overall hardiness. The planning and implementation of all improvements should include long-term maintenance costs with respect to plantings, structures, surface treatments, and other material along the highway.

Visual appeal. Landscaping and treatment of unpaved portions of right-of-way contribute both aesthetically and functionally to the overall character of the State Highway 183 corridor and shall establish a higher level of visual appeal than traditional treatments in the past.

Grasses. Native grasses shall be required in all unpaved portions of right-of-way that do not abut private property for ease of maintenance. Allowable species are listed in subsection (k)(1)e. below.

Trees. If the area between the curb of the State Highway 183 frontage road and the property line is more than ten (10) feet deep, then native or adapted, heat and drought tolerant trees selected from the list in subsection (k)(1)e. below shall be planted within the right-of-way a minimum of ten (10) feet from the back of curb. Trees shall be planted at a ratio of one (1) tree per each sixty (60) feet of frontage, and should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property.

Recommended species. Trees, shrubs, and grasses within unpaved areas that are completely surrounded by right-of-way shall be selected from the following species:

Trees
* Ash, Texas	* Oak, Chinquapin
* Cypress, Bald	* Oak, Live "High Rise"
* Elm, Cedar	* Oak, Texas Red
* Maple, Shantung	* Pine, Mondel
Ornamental Trees
* Holly, Foster	* Myrtle, Crepe, tree form
Shrubs
* Crepe Myrtle, dwarf	* Nandina, (many varieties)
* Hawthorne, Indian (many varieties)	* Rose, Knockout
* Holly, Dwarf Burford	* Sage, Texas
Grasses
* Miscanthus, many varieties	* Weeping Love Grass
* Indian Feather Grass	* Gulf Muhly

Civic art. Civic art should be incorporated into any permanent features that complement the environment in which it is placed.

(2)

Interchanges.

Interchange design. Interchanges at major intersections become landmarks that signify transitions from one segment of the corridor or neighborhood to the next, and create opportunities to identify those areas through planting, public art, or other features. Interchanges should be designed to reflect the adjacent land use or community, and serve as dividers between distinct land uses.

Interchange elements. Interchanges shall incorporate sustainable landscaping, architectural, and art elements to clearly identify the location as an Irving destination.

(3)

Retaining walls. The visual impact of retaining walls shall be softened by the use of graphics, murals, varying patterns of masonry and mortar, stamped concrete, native stone materials, landscaping, and other visual enhancements.

(4)

Sound walls. Sound walls shall be designed to complement the surrounding development in the particular portion of the corridor in which they are placed. Artwork, graphics, murals, and other visual enhancements shall be included in accordance with the theme of the area. Enhancements shall include both sides of the wall, not just the State Highway 183 side, and should incorporate areas of open space, landscaping, sidewalks, and other amenities.

(5)

Signage. The location, frequency, and graphics of signage of the highway corridor are limited by state, federal, and safety standards. However, graphics should be arranged to produce a coordinated and coherent system by having consistent visual continuity in the layout of the graphics and sign supports, incorporating concrete columns with architectural enhancements with steel trusses that completely span main lanes, ensuring even alignment of signs on structures, and following a uniform design.

(l)

Administration.

(1)

To encourage creative and unique design, "alternative equivalent compliance" allows development to occur in a manner that meets the intent of this section 52-64d, yet through an alternative design that does not strictly adhere to the standards of this section 52-64d. This is not a general waiver of regulations. Rather, this section authorizes a site-specific plan that is equal to or better than the strict application of the standards.

The director may approve alternative equivalent compliance with these design standards in specific instances if the applicant demonstrates that the proposed alternative:

Achieves the intent of the subject standard to the same or better degree than the subject standard;

Advances the goals and policies of the State Highway 183 overlay to the same or better degree than the subject standards;

Results in benefits to the community that are equivalent to or exceed the benefits associated with the subject standard;

Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements;

Is compatible with surrounding development;

Complies with all other requirements of the approved zoning of the property;

Is an enhancement beyond the minimum design standards;

Incorporates architectural design and creativity; and

Provides other enhancements such as landscaping, signs, screening, paving, and tree preservation beyond the minimum standards.

(2)

Modifications to these standards may also be requested through the S-P-1 or S-P-2 zoning process. Requests for S-P-1 or S-P-2 zoning shall be processed the same as any other zoning request.

(3)

Building permit applications for projects that comply with the approved zoning and the design standards established by this section 52-64d may be issued by the director without the need for any other public hearing or site plan approval.

(4)

Photos, drawings, and other illustrations included in this section 52-64d are for informational purposes only and are intended to provide examples of the types of standards envisioned by these regulations. Such illustrations are not all-encompassing, and should there be a conflict between a photo or illustration and the text of this section 52-64d, the text shall control.

(m)

Definitions. For purposes of this section 52-64d, all definitions shall be per section 52-75 with the following exceptions which shall be defined as follows:

(1)

Entertainment uses: Establishments that provide food, drink, and entertainment to persons on the premises, including such uses as public and private park and recreation area, golf course and country club, driving range, miniature golf, dance and assembly hall, amusement park, commercial amusement, concert venue, and meeting/conference center.

(2)

Gateway features: Enhanced landscaping, signage, public art, architectural treatments, sculpture, and similar public or private improvements which serve to mark the entrance areas to Irving along State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161.

(3)

General industrial services: Establishments such as construction materials storage, welding shops, machine shops, electric motor repair, and truck and heavy equipment servicing and repair.

(4)

General personal services: Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receive goods from or return goods to the customer that have been treated or processed at that location or other locations such as, but not limited to, day care centers, dry cleaning and laundry services, pharmacy, shoe repair, beauty or barber shops, massage therapy, tanning salons, mortuary or funeral home, tattoo parlor or piercing studio, and nail salon.

(5)

Mini-storage: A building or group of buildings containing one (1) or more compartmentalized storage units for rent or lease, the use of which is restricted solely to the inside storage of customer's goods or wares. The conduct of sales, business, or any other activity within the individual storage units other than storage shall not be allowed. The business may also include on-site dwelling accommodations for the manager or for security.

(6)

Retail sales, or retail store, general: shall refer to retail stores and uses completely within an 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.

(7)

Trade services: establishments for contractor businesses such as, but not limited to, plumbing, electrical, heating and air conditioning, painting, construction, welding, irrigation, security systems, swimming pools, and similar contractual services.

(Ord. No. 2011-9244, § 1, Exhs. A—C, 2-3-11)

                    
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