Loading...
08-01-1994 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX AUGUST 1, 1994 6:30 p.m. CALL TO ORDER ACTION ITEM 1. Consider approval of the Minutes of the July 5, 1994 Regular Business Meeting. 2. Election of Officers for the P & Z Commission. 3. Discuss and consider initiating Public Hearings to amend existing Planned Development areas. 4. Discuss and review possibility of adopting Multi-Family Development Standards. ADJOURNMENT MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on July 5, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. New Commission member Cecilia Wood was sworn in prior to this meeting. COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord; Vice Chairman, Cecilia Wood, Stuart Allison and John Crowe. ABSENT: Mike Hawkins, unexcused and Rich Eckman, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary, Kirsten Fresh. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from June 20, 1994 Regular Business Meeting. A motion was made by Stuart Allison and seconded by John Crowe to approve the Minutes as submitted. Motion carried, all in favor(4 votes). ITEM NO. 2: Administer Oath of Office to new commission members. Cecilia Wood was sworn in prior to this meeting. PUBLIC HEARING ITEM-NO. 3: Discuss and consider recommendation of a request from Richard Nance to plat 44 acres north of Stone Rd., west of W.A. Allen, and east of Quail Creek Blvd. into sixty(60) lots. Russell Wyman advised the Board that Richard Nance would incorporate his own deed restrictions that would be more restrictive than the current zoning of SF-3. Richard Nance explained his deed restrictions,including one that would be a minimum of 2500 sqft. home on the two (2) acre lots. A question was asked about any lots being in the flood plane. Greg MacLean, the contracted Engineer from The Hogan Corporation, advised the Board that some of the land may fall in the flood plane but all building spaces are out of the flood plane. Another question the Board asked was if all easements had been obtained for the widening of W.A. Allen. Mr. MacLean explained that the proposed plat that they had a copy of did include a dedicated right-of-way for the widening of W.A. Allen. A motion was made by John Crowe and seconded by Stuart Allison to recommend to the City Council the request for plat of 44 acres north of Stone Rd., west of W.A. Allen, and east of Quail Creek Blvd. into sixty(60) lots. Motion passed, all in favor(4 votes). • ITEM NO. 4: Discuss and consider recommendation of a request from Troy Miller for a zone change at 2601 S. Hwy 78 from"MF" to "I". Troy Miller, owner of Lone Star Auto Parts located at 2601 S. Hwy 78, spoke in favor of the zone change. He explained that with the widening of Hwy 78 half of his building would be taken out and he would not be able to rebuild his business with the current zoning of"MF". A motion was made by Stuart Allison and seconded by John Crowe to recommend to the City Council the request from Troy Miller for a zone change at 2601 S. Hwy 78 from "MF" to "I". Motion passed, all in favor(4 votes). p. 2 ITEM NO. 5: Discuss and consider recommendation of a request from Unity Partners(Don Kreymer)for a Replat of Lot 1 of the McMillen Farms Addition (10.2 acres) into nine (9) lots. The Board asked if easements had been obtained for the widening of FM 1378 and McMillen Rd. Russell Wyman explained that FM 1378 is a State maintained road and they would be responsible for obtaining right-of-way and that McMillen Rd. is County maintained and they would be responsible for obtaining their right-of-way. The Board asked about utilities being brought out. Mr. Wyman advised that Unity Partners needs to obtain an easement from the Jordan's, owners of lot 7 of McMillen Farms Addition,to bring the sewer line across to these lots. A motion was made by John Crowe and seconded by Cecilia Wood to recommend to City Council the request to replat Lot 1 of McMillen Farms Addition subject to the final plat. Motion passed, three(3) in favor and one(1) abstaining vote(Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Cecilia Wood to adjourn. Motion carried, all in favor(4 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary DEPARTMENT OF COMMUNITY DEVELOPMENT City 0 of Irving MULTI-FAMILY DEVELOPMENT REGULATIONS APPLICATION FOR: Community Framework _ Concept Plan Case No. MFCP- _ Specific Plan Case No. MFSP- APPLICANT/ARCHITECT/ENGINEER: ADDRESS: ZIP CODE: PHONE: FAX: OWNER: ADDRESS: ZIP CODE: PHONE: FAX: LOCATION: NUMBER OF PROPOSED DWELLING UNITS: PROPOSED DENSITY: SUBDIVISION: SIGNED: If the property is unplatted, a legal description of the property must be completed on the reverse side. The description must include the distance and bearing of the point of beginning from the nearest street intersection. Use a typewriter and sign where indicated. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx FOR OFFICE USE ONLY: DATE FILED: RECEIPT #: AMOUNT: PENDING ZONING CASE: PENDING PROJECT/DEVELOPMENT PLAN: 825 West Irving Blvd. • Irving, Texas 75060 • (214) 721-2424 • City 0 DEPARTMENT OF COMMUNITY DEVELOPMENT of Irving EXHIBIT "A" LEGAL DESCRIPTION OF UNPLATTED AREA I certify that to the best of my knowledge. this is an accurate description of this property. I understand that I am fully responsible for the accuracy of the legal description given above. DATE: SIGNATURE OF APPLICANT R15. W.w.cf Irvine. Rl..a i...t.... re.._.. sencn _ -. MULTI-FAMILY DEVELOPMENT PROCEDURE The multi-family development procedure is a three-step process involving differing levels of review and approval before any building permits can be issued for new multi-family construction. The regulations apply to all new multi-family projects with the following exceptions: a. Remodeling or reconstruction of existing multi-family projects, provided the reconstruction or remodeling does not increase the existing number of residential units. b. Duplex, triplex, or fourplex construction on individual lots or parcels. c. Townhouse (single family attached) construction. The process provides the Planning and Zoning Commission review and approval authority over specific details of a proposed multi-family development. It establishes development criteria that supercedes current regulations of the R-MF-1, R-MF-2, and M-FW zoning districts. The Commission may impose additional conditions on development which it deems necessary to achieve appropriate design. COMMUNITY FRAMEWORK A Community Framework application involves the preparation of a map exhibit of the subject property which gives information regarding surrounding land uses, streets and public transportation, open space and recreation areas, and community facilities proposed to service the project. It requires an analysis of the capacity of public facilities to service the project, and whether improvements to the facilities are necessary. A traffic impact analysis may be required. Standard Zoning A Community Framework application must accompany any zoning request which will allow new construction of multi-family dwelling units. The requirement does not apply to rezoning requests involving existing multi-family developments, provided no increase in the number of dwelling units is requested. It also does not apply to a PUD zoning district revision that does not increase allowable multi-family acreage. PUD Zoning The requirements of a Community Framework application must be incorporated into any Development Plan application which establishes multi-family uses on a particular tract of land. It is not required with a Development Plan revision on property containing existing multi-family dwelling units, but must be provided with any Development Plan revision that will authorize new dwelling unit construction. Since the Community Framework application is part of, and incorporated into, a zoning change or development plan application, there is no separate approval process. There is no additional filing fee for this application. Page 1 CONCEPT PLAN The Concept Plan process provides the Planning and Zoning Commission the opportunity to review and approve the conceptual layout of a proposed multi-family development prior to the preparation of final architectural and engineering plans. With the exception of previously approved Project Plans and S-P-1 Zoning Cases, a Concept Plan must be approved before a building permit can be issued for any new multi-family construction. The Concept Plan application requires the preparation of map exhibits that show: 1. The property in relation to its surroundings. 2. The conceptual layout of buildings, open space, recreation areas, pedestrian circulation,vehicular and parking areas. 3. A conceptual grading plan. 4. Preliminary architectural sketches indicating the character of the project. New development standards are contained the Concept Plan section of the ordinance which address parking layout and location, building sizes and setbacks, dwelling unit sizes, open space provision and landscaping. This section contains only the criteria necessary to prepare a conceptual plan. Additional development standards which address the specific treatment of landscape areas, architectural consideration, screening, fencing, signage and lighting are contained in the Specific Plan section of the ordinance. A thorough review of both sections of the ordinance is encouraged so that the full impact on a proposed development may be determined. The development standards contained in this ordinance take precedence over the standards of the base R-MF-1, R-MF-2, or M-FW zoning district. Any regulation which is not specifically addressed by this ordinance will be controlled by the base zoning. Standard Zoning A Concept Plan must be approved by the Planning and Zoning Commission for any new construction of multi-family dwelling units, with the exception of exclusions previously noted. The process is applicable to any undeveloped property zoned R-MF-1, R-MF-2, M-FW or S-P-2 for multi-family uses. PUD Zoning A Concept Plan application must accompany any Project Plan application which will authorize new multi-family construction. This is a separate application and a separate filing fee is required. A Concept Plan is not required for any proposed multi-family project which has an approved Project Plan. CONCEPT PLAN APPROVAL PROCEDURE Initial Application Upon initial application, the applicant will supply five copies of all required information and the required filing fee. He will be advised as to the date of Technical Committee review and the tentative date of the Planning and Zoning Commission public hearing. Page 2 Technical Review Committee Technical Committee reviews are held every Tuesday. Following the meeting, the applicant will be notified by mail of the Technical Committee comments and the date by which all revisions and additional prints will be due in the Department of Community Development. This deadline must be observed in order for the item to be scheduled for the Planning and Zoning Commission public hearing. The applicant should be aware that all scheduling for public hearing dates is tentative. The amount of time required between initial application and public hearing can vary depending on the size and scope of the proposed project and the amount of necessary discussion and coordination between the applicant and staff. Depending on the size and scope of the project, the staff may elect to review the Concept Plan application with the Planning and Zoning Commission at a work session prior to scheduling the item for public hearing. Planning and Zoning Commission Public Hearing The Planning and Zoning Commission holds a public hearing every other Monday at 7:00 pm in the Council Chambers of the Civic Center Complex, 825 West Irving Boulevard. The applicant or his representative must make a presentation of his application to the Commission, after which the Commission will allow any proponents or opponents the opportunity to be heard. Advertised notice of the Concept Plan public hearing is not required. Any accompanying zoning change request will be advertised in accordance with all legal requirements. Generally, unless more time for review is needed, the Planning and Zoning Commission will reach a decision to either approve, conditionally approve or deny the application. A conditional approval will require the submittal of revisions to the Department of Community Development before the action of the Planning and Zoning Commission is finalized. Any applicant dissatisfied with the decision of the Planning and Zoning Commission may, within ten days of such decision, appeal to the City Council for their review. If no appeal is received within ten days, the decision of the Planning and Zoning Commission is final. City Council Public Hearing Appeals will be scheduled for the next available City Council public hearing. The public hearing is held every other Thursday at 7:30 pm in the Council Chambers of the Civic Center Complex, 825 West Irving Boulevard. All proponents and opponents will be given an opportunity to be heard by the Council. The Council may approve, conditionally approve or deny the application. Page 3 CONCEPT PLAN APPROVAL PROCEDURE EPPLI CATION I TECHNICAL COMMITTEE tCH.COMM!r i tt REVIEW RESPONSE SUBMITTAL OF 000 REVISIONS ! TECH.COMMITTEE REVIEW OF REVISIONS PLANNING AND ZONING COMMISSION REVIEW. -� • APPROVAL/ DENIAL CONDITIONAL APPROVAL APPEAL TO CRY COUNCIL- APPROVAL DENIAL CONDMONAL APPROVAL Page 4 SPECIFIC PLAN Following Concept Plan approval and prior to issuance of building permits, a Specific Plan must be approved by the Director of Community Development. Although not required, it is anticipated that the Specific Plan submittal will occur at the same time that plans are submitted for building permit review. The Specific Plan is based on the approved Concept Plan and includes: 1. A locational map exhibit. 2. Architectural and engineering plans showing: a. Final building footprints. b. Specific treatment of parking areas and pedestrian/vehicular circulation. c. Building elevations. d. Signage and lighting systems. e. Proposed grading. 3. Landscape planting plans, including specific improvement of open space and recreation areas. The Specific Plan section of the ordinance contains additional development standards which are not required to be addressed at the Concept Plan stage of review, but should be incorporated into the design process at an early stage. The Specific Plan approval process is identical in either standard or PUD zoning. SPECIFIC PLAN APPROVAL PROCEDURE Initial Application Upon initial application, the applicant will supply all required information and the required filing fee. He will be advised as to the date of the Technical Committee review. Technical Committee Review Technical Committee reviews are held every Tuesday. Following the meeting, the applicant will be notified by mail of the Technical Committee comments and the date by which all revisions will be due in the Department of Community Development. The deadline must be observed in order to assure the timely processing and approval of a building permit application. Depending on the size and scope of the project, additional time may be required to allow discussion and coordination to occur between the applicant and staff. Administrative Approval Once all requirements of the Specific Plan process have been complied with, the Director of Community Development shall approve, conditionally approve or disapprove the Specific Plan application. Page 5 Any applicant dissatisfied with the decision of the Director of Community Development may, within ten days of such decision, appeal to the Planning and Zoning Commission for their review. If no appeal is received within ten days, the decision of the Director of Community Development is final. Planning and Zoning Commission Public Hearing The Planning and Zoning Commission holds a public hearing every other Monday at 7:00 pm in the Council Chambers of the Civic Center Complex, 825 West Irving Boulevard. The applicant or his representative must make a presentation of his application to the Commission, after which the Commission will allow any proponents or opponents the opportunity to be heard. Generally, unless more time for review is needed, the Planning and Zoning Commission will reach a decision to either approve, conditionally approve or deny the application. A conditional approval will require the submittal of revisions to the Department of Community Development before the action of the Planning and Zoning Commission is finalized. Any applicant dissatisfied with the decision of the Planning and Zoning Commission may, within ten days of such decision, appeal to the City Council for their review. If no appeal is received within ten days, the decision of the Planning and Zoning Commission is final. City Council Public Hearing Appeals will be scheduled for the next available City Council public hearing. The public hearing is held every other Thursday at 7:30 pm in the Council Chambers of the Civic Center Complex, 825 West Irving Boulevard. All proponents and opponents will be given an opportunity to be heard by the Council. The Council may approve, conditionally approve or deny the application. Page 6 SPECIFIC PLAN PROCEDURE EN TECHNICAL COMMITTEE TECH.COMMITTEE REVIEW RESPONSE �� SUBMITTAL OF li REVISIONS i i TECH. COMMITTEE REVIEW OF REVISIONS REVIEW BY DIRECTOR OF COMMUNITY DEVELOPMENT APPROVAL DENIAL CONDITIONAL APPROVAL APPEAL TO PLANNING AND ') ZONING COMMISSION I APPROVAL DENIAL CONDITIONAL APPROW L. APPEAL TO CITY COUNCIL APPROVAL DENIAL CONDITIONAL APPROVAL Page 7 VARIANCES The Planning and Zoning Commission may grant variances to the development standards contained in either the Concept Plan or Specific Plan section of the ordinance on tracts of land two (2) acres in size or smaller. Variances may be granted only in conjunction with a Concept Plan application. Variances orr tracts of land larger than two acres may be granted only in conjunction with a Site Plan zoning application or a development plan application filed in conjunction with a Concept Plan application. DENSITY BONUS Residential densities greater than 25 units per acre may be requested through a site plan zoning application or development plan application if the proposed project incorporates amenities described in Section (d) of this ordinance. A Concept Plan application must accompany any request for increased density. Please refer to Section (d) for specific details. FILING FEE A non-refundable filing fee of $150.00 plus $1.00 per dwelling unit must accompany any Concept Plan or Specific Plan application. Page 8 ORDINANCE NO. 6045 AN ORDINANCE AMENDING ORDINANCE NO.1144,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF IRVING, TEXAS,BY AMENDING SECTION 52-59 TO BE RETITLED, "MULTI-FAMILY DEVELOPMENT REGULATIONS BY PROVIDING AN INTENT AND PURPOSE;BY PROVIDING FOR COMMUNITY FRAMEWORK REVIEW INFORMATION TO ACCOMPANY AIL ZONING APPLICATIONS WHICH REQUEST NEW MULTI-FAMILY DEVELOPMENT;BY PROVIDING FOR CONCEPT PLAN REVIEW REQUIREMENTS TO BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS AND REVIEWED BY THE PLANNING AND ZONING COMMISSION;BY PROVIDING FOR SPECIFIC PLANS TO BE REVIEWED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITH APPEALS TO THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL.;BY PROVIDING SUPPLEMENTAL PERFORMANCE STANDARDS AND DENSITY BONUS; PROVIDING FOR VARIANCE TO DEVELOPMENT STANDARDS, PROVIDING FOR APPLICABILITY,PROVIDING FOR A LAPSE OF CONCEPT PLAN OR SPECIFIC PLAN APPROVAL;PROVIDING FOR FEES;PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY;PROVIDING AN EFFECTIVE DATE;PROVIDING FOR CONFLICTS AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING,TEOCAS: Section 1. The purpose of the new multi-family development review procedure is to assure that the establishment, design and construction of multi-family dwellings within the City of Irving considers the coordination with the timely provision of public facilities and services, that a high quality of living desired by residents of the community is achieved, that the health and safety of residents is preserved, that values of buildings are conserved,and that opportunities of recreation and - 1 - interaction among residents of multi-family developments are maximized. In order to achieve this purpose, these regulations create a three-step procedure,which enables • the City to evaluate a proposed development using relevant criteria and standards in a timely fashion. The review procedure has been coordinated with existing zoning procedures and is designed to facilitate rather than to inhibit the processing of development applications. Section 2. ;Tat Section 52-59 of Ordinance No. 1144, entitled "Multi-family review plans" is hereby repealed, and substituted therefore is a new section 52-59 which shall read as follows: Sec. 52-59 Multi-family Development Regulations (a) Community Framework Review (1) Applicability a. The purpose of Community Framework review is to assist the Planning and Zoning Commission in making its recommendations and to assist the City Council in determining whether zoning should be amended to permit multi-family dwelling units on the site. b. Every application for a change or amendment to a zoning district, other than a revision to a PUD District that does not increase allowable multi-family acreage, which authorizes new construction of multi-family dwelling units or reconstruction of existing multi-family developments that will result in an increase in the number of dwelling units shall be accompanied by a Community Framework application prepared in conformity with this section. c. Any rezoning application for a S-P-i District authorizing new construction of multi-family dwelling units shall, in addition, be accompanied by a Concept Plan pursuant to subsection (b) of this Ordinance. d. Whenever a PUD development plan required by Section 52-32 (c) (4) of these regulations is submitted in order to authorize new construction of multi-family dwelling uses, the development plan shall incorporate the contents for a Community Framework Plan. e. Any rezoning request for a density greater than 25 dwelling units per acre shall be filed in accordance with Section 52-32a (S-P-1 District) or Section 52-32b (S-P-2 District) and shall be accompanied by a Concept Plan application. (2) Submittal Requirements The applicant shall submit a Community Framework application in sufficient detail to inform the City about the intended use of the property for multi-family dwelling units. The extent of the information shall depend upon the size and scope of the project. The following information should be submitted unless specifically waived by the Director of Community Development. a. a vicinity map at a scale of not less than one inch equals two thousand feet. (1"=2000') - 2- b. a metes and bounds or lot and block description of the subject property. c. identification of the zoning and uses of all contiguous property and of uses immediately adjacent to abutting public rights-of-way. d. the total number and type of dwelling units proposed and gross residential density. e. at a scale of 1"=100' or such scale as deemed appropriate by City staff: 1. the general location of planned land uses within the site and existing land uses within 500 feet surrounding the site. 2. the general location of existing and proposed open space and recreation areas, including the nature of existing and proposed recreational facilities, parks, schools, and other public or community uses. 3. the general location, character, and capacity of existing and proposed major roads, public transportation, recreation easements, pedestrian connections, public utility and storm drainage systems, and 100-year flood plain. 4. the location of existing or planned support facilities serving the development, i.e. community commercial, convenience retail, etc. f. traffic impact analysis with 320 units or more. g. a statement setting forth: 1. the proposed development schedule. 2. an analysis of proposed improvements to public facilities, roadways and public utilities that will be required to serve the multi-family development. 3. the location and capacity of schools to serve the anticipated population. h. any additional information deemed reasonably necessary by the Director of Community Development. (4) Review Criteria In addition to broad considerations of health, safety and welfare, the following criteria are for use by the Planning and Zoning Commission and City Council in evaluating a request for rezoning, or Development Plan application, to permit the construction of multi-family dwelling units. The relevance of these factors in determining whether a zoning change should be granted depends upon the site location, site characteristics,and size of the proposed multi-family development. The Commission may recommend and the Council may impose such conditions as are necessary to assure that the rezoning of the property for multi-family dwelling units is appropriate, including submittal - 3 - and approval of a Concept Plan pursuant to subsection (b) of this Ordinance. Any conditions imposed must be satisfied prior to issuance of a building permit or final Certificate of Occupancy for any multi-family dwelling. a. Street Framework 1. Street system to serve the project is consistent with the City's Master Street Plan and adequate to accommodate traffic generated by proposed densities. 2. Circulation and access to multi-family developments is discouraged through incompatible use areas, such as industrial uses. b. Open Space 1. Create open spaces in residential areas which gives neighborhoods an image, a means of orientation, and a "sense of place". 2. Respond appropriately to the natural boundaries of land use and neighborhood districts, i.e. promote public connections between compatible districts and create buffers between incompatible districts. 3. Establish public open space connections which can connect into City and regional open space corridors. 4. Identify how the community and neighborhood park needs, as established by City standards, can be met and how the plan for this project will fit into an overall open space framework for this area. c. Pedestrian Connections Encourage safe and pleasant pedestrian connections within multi-family developments. Plan for pedestrian connections to open spaces, parks, convenience shopping, recreation facilities, and community facilities. d. Community Facilities and Services Identify availability of community facilities and services in relation to the need for services such as schools, parks, convenience retail, and recreation facilities based on City standards and the following general evaluation criteria. Retail/Restaurant Estimated Multi- Gross SF Service Family Units Population Supportable Radius 250 475 5,300 1/4-1/2 miles 1,000 1,900 21,400 1-2 miles 5,000 9,500 106,900 3-6 miles -4 - Recreation Number of Facilities Needed Facilities/Population Service Radius Tennis 1/2,000 1/4-1/2 miles Soccer Field 1/10,000 1-2 miles Softball Field 1/5,000 1/4-1/2 miles Multiple Recreation Court 1/10,000 1-2 miles Public Golf Course (18-hole) 1/50,000 N/A Recreation Center 1/40,000 N/A e. Compatibility with Adjacent Uses 1. For small and/or infill multi-family developments in established neighborhoods, integrate new multi-family buildings into existing neighborhood pattern. 2. The proposed development should be compatible with surrounding existing zoning, land use and planned land uses. f. Need for Additional Multi-Family Dwellings Identify particular housing market served by proposed multi-family development. g. Utilities and Drainage Analysis 1. Water and wastewater treatment, storage, collection and distribution facilities are adequate to serve proposed densities for the project. 2. Drainage facilities including off-site receiving facilities, are adequate to serve the project. (b) Concept Plan Review (1) Applicability a. A Concept Plan must be approved for any development project authorizing new construction of multi-family dwelling units or reconstruction of existing multi-family developments that will result in an increase in the number of dwelling units, except for PUD project plans and Site Plans for an S-P-1 District approved prior to the effective date of the Ordinance, and no building permit shall be issued for new construction of multi-family dwellings until such Concept Plan has been approved pursuant to this section. b. An applicant for a zoning amendment authorizing new construction of multi-family dwelling units may substitute a Concept Plan for the Community Framework application required by subsection (a) of this Ordinance, provided that the Concept Plan meets all submittal requirements and addresses relevant criteria and standards required for Community Framework review. - 5 - c. Any Concept Plan application requesting a density greater than that established by the underlying zoning shall require the accompanying submittal of an S-P-1 or S-P-2 District rezoning application, or if in a • PUD District, a development plan application. d. Whenever a PUD project plan required by Section 52-32 (c)(5) of these regulations proposes new construction of multi-family dwelling units, the project plan shall be accompanied by a Concept Plan application. e. A Specific Plan may be substituted for a Concept Plan,wherever a Concept • Plan is required or authorized under this Ordinance, provided that the Specific Plan incorporates the submittal requirements and meets all review criteria and standards for the both Concept Plan and the Specific Plan. Where a Specific Plan is substituted for a Concept Plan, the procedures of approval for a Concept Plan shall apply. (2) Concept Plan Approval Procedure a. An application for Concept Plan approval shall be submitted to the Director of Community Development, together with a specified number of copies of the Concept Plan and the filing fee. b. The Concept Plan shall be distributed to appropriate departments for review and comment. Upon completion of such administrative review, the Concept Plan shall be submitted to the Planning and Zoning Commission. c. The Planning and Zoning Commission shall conduct a public hearing to consider the Concept Plan. The Commission shall approve, conditionally approve, or disapprove the Concept Plan. The Commission may impose such conditions on the Concept Plan as it determines to be necessary to meet the intent of this ordinance and secure the health, safety, and welfare of the community. d. Any applicant dissatisfied with the decision of the Planning and Zoning Commission may, within ten (10) days of such decision, appeal to the City Council for its review. If not appealed, the decision of the Planning and Zoning Commission shall be final. e. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may impose such conditions as are necessary to meet the intent of this ordinance and to secure the health, safety, and welfare of the community. f. Once the Concept Plan has been approved, and there is cause for an amendment of the same, such amendment shall be processed in the same manner as the original submission. (3) Concept Plan Contents A Concept Plan required by this section shall include, at a minimum, the following elements: a. A vicinity map at a scale of not less than one inch equals two thousand feet. (1"=2000') - b - b. At a scale of 1"=100' or such a scale as deemed appropriate by City Staff, a map exhibit of the property that includes the following data: 1. metes and bounds of all property lines; 2. total area of property; 3. scale and north arrow; 4. names of boundary streets and the width of existing right-of-ways; 5. existing topography with a maximum contour interval of two (2) feet, except where existing ground is on a slope of less than two (2) percent then either one (1) foot contours or spot elevations shall be provided where necessary. 6. land uses or zoning of adjacent areas c. a conceptual land use plan at a scale of 1" = 50' or such scale as deemed appropriate by City staff, showing: 1. preliminary building footprints, height, and number of floors of all buildings, both above and below or partially below finished grade; 2. the traffic circulation system and the pedestrian circulation system; 3. the off-street parking and loading areas and structures; 4. proposed open space and usable open space areas, together with proposed private recreational areas; 5. access points into the multi-family development; 6. pedestrian connections within the development and connections to off-site pedestrian-ways; 7. indication of areas proposed for preservation of existing trees; d. when the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases and the installation of public infrastructure improvements to serve each phase; e. site coverage by building, parking and drives, open space, and usable open space. f. total number of dwelling units and residential density in units per acre; g. total gross floor area for each type of use,including dwelling units by type and size. h. total number of off-street parking and loading spaces; i. amount of density applied for under the bonus provisions of subsection (d), and the calculations supporting the specific development provisions giving rise to such bonus application. - 7 - j. conceptual grading plans; k. preliminary architectural sketches; (4) Development Standards The following development standards shall apply to new multi-family construction and reconstruction of multi-family developments that will result in an increase in the number of dwelling units. Variances to these standards may be granted only in accordance with the provisions of this ordinance. (Additional development standards which are not applicable at the Concept Plan review phase but must be incorporated into the project design are contained in section (c) (5) and will be reviewed as part of the Specific Plan application.) a. The Concept Plan shall include any conditions imposed by an approved Community Framework plan. b. Access 1. Driveways shall not be located within 30 feet of street intersections. 2. Wherever possible drives on divided thoroughfares should be located at median openings providing left turn access to and from the site. Drive locations shall be coordinated with the Transportation Department. 3. Driveways allowing 2-way directional flow shall be a minimum of 24 feet. Less than 24 feet may be considered if fire lane access is not required. 4. A private access drive on an adjacent lot may be used provided an easement is obtained and the width is adequate for the number of vehicles served. c. Parking 1. Parking space requirements: Efficiency: 1.0 space/unit 1 Bedroom: 1.5 spaces/unit 2 Bedroom: 2.0 spaces/unit 3 Bedroom: 2.5 spaces/unit More than 3 Bedroom: 2.5 spaces plus .5 spaces for every bedroom exceeding 3. Applicant may request a parking reduction which may be granted by the Planning and Zoning Commission based upon review of the Concept Plan - 8- specifics, i.e. size of units, type of project, shared parking opportunities, etc. In no case shall parking requirements be less than the following: - Efficiency: 1.0 spaces/unit 1 Bedroom: 1.5 spaces/unit 2 Bedroom: 1.8 spaces/unit 3 Bedroom: 2.5 spaces/unit More than 3 Bedroom: 2.5 spaces plus .5 spaces for every bedroom exceeding 3. Any request for reduction in parking requirements pursuant to this section shall be described. 2. No parking shall be allowed in the front yard. If the front yard abuts a freeway or expressway, parking is allowed beyond a 50 foot wide buffer from the freeway or expressway. Where this occurs parking shall be screened from the freeway or expressway. 3. There shall be a maximum of 10 covered or uncovered parking spaces between landscaped islands having a minimum width of 8 feet. 4. Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided and designated. These areas should be screened from adjacent streets and residences. Special vehicular parking may not be used to meet the standard parking requirements. 5. If provided, carports shall not be located closer to an abutting street than the closest principal use structure. 6. Parking shall not be constructed with more than 1 parking bay in width unless a minimum 8 foot strip of landscaping is provided between bays. If carports or garages are provided in the middle rows of two bays of parking the landscape strip shall not be required. d. Pedestrian Circulation Sidewalks shall be provided from principal use structures to the office, laundry facilities, and amenities. e. Building Size, Height, Setbacks and Separation 1. Buildings shall not exceed 200 feet in length. 2. Maximum height of structure is 42 feet. Where increased densities up to 40 dwelling units per acre are permitted through the bonus system, structures may be up to 72 feet in height. Where increased densities above 40 dwelling units per acre are permitted through the bonus system, structures may be up to 200 feet in height. - 9 - 3. Minimum building setbacks from street right-of-ways: Freeway or Expressway: 100 feet (Limited access roads) If applicant requests less than 100 feet, a study shall be provided by a qualified acoustician verifying that noise levels at the building face and usable open spaces do not exceed 67 Leq based on barriers, screening, etc. proposed. The first 50 feet from the freeway or expressway shall not be used for parking or included in calculating usable open space. Public Street, 1 or 2 Story: 25 feet Public Street, Additional Additional five feet for every story Stories: above two. In no case will setbacks be required to exceed 50 feet. Private Access Drive: 1 story 15 feet 2 story 18 feet 3-6 story Additional five feet for every story above two. A private access drive is defined as an internal roadway without parking,which provides access to a group of buildings or dwelling units. 4. Minimum building setbacks from adjacent lots: Side and Rear Setbacks: 1 and 2 story 20 feet 3 story 25 feet 4 story 35 feet 5 story or 40 feet more If a side or rear setback is adjacent to usable off-site open space, then the setback can be reduced to 20 feet. If adjacent to single family zoned land: 1 or 2 story 50 feet 3 story or more 75 feet 5. Minimum separations between buildings: Building Orientation Distance Face to Face 50 feet (this may be reduced to no less than 35 feet a Heavily Landscaped Courtyard is(provided as defined in subsection c) 5 c. - 10 Face to Face at an angle 50 feet at the center line of the two buildings but no distance less than 40 feet unless a heavily landscaped courtyard is provided. Face to End 30 Feet Corner to Corner 15 Feet End to End 30 Feet Corner to Face 20 Feet f. Dwelling Unit Size and Mix 1. Multi-family dwelling units shall have the following minimum average gross square feet size per development: Efficiency: 500 square feet One-Bedroom: 650 square feet Two-Bedroom: 900 square feet Three-Bedroom 1,100 square feet More than Three-Bedroom: 1,100 square feet plus 150 square feet for every bedroom exceeding three 2. Efficiency units shall not total more than 10 percent of total units. g. Open Space 1. A minimum of 30% of the gross area of the site must be provided as open space. Open space shall not be deemed to include buildings, driveways, parking areas, or other surfaces designed or intended for vehicular travel. All open space areas shall be covered with grass, ground cover, shrubs, flowers, hardscape construction (i.e. pavers, exposed aggregate, paving, etc.) or consist of recreational facilities (i.e. swimming pool, tennis court,jogging trail, etc.). 2. Usable open space within the site shall be provided in an amount not less than 25 percent of total net floor area. Usable open space is defined as an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation, resource protection and/or amenity. Generally, usable open space should have a minimum dimension of 30 feet in any direction and minimum area of 900 square feet; however, it is recognized that usable open space can be of a smaller minimum dimension or area provided it meets the definition of this section. Required front building setbacks and street frontage setbacks shall not be included in calculating usable open space. Distances between buildings can be considered as usable open space provided that minimum dimensions are adhered to. h. Landscaping 1. A minimum 8 foot wide perimeter landscape area shall be contiguous to all interior property lines and private access drives. - 11 - 2. A minimum 25 foot wide landscape area adjacent to abutting streets shall be maintained (except for driveways and pedestrian walkways). 3. A minimum 12 foot wide landscape area adjacent to principle buildings shall be maintained (except for garage access driveways and pedestrian walkways). 4. Sight easement clips shall be in accordance with Section 33A-22 of Ordinance No.4967. i. Amenities Developments of 250 units or greater shall have a minimum area of 9' X 20' designated for an on-site recycling center for newspaper, glass, and at least one other recyclable material. j. Accessory Structures Accessory structures and buildings, including but not limited to garages, carports, mail kiosks, offices, recreation buildings and swimming pools may be located on the property as approved by the ncept Plan. 5. Review Criteria In addition to broad considerations of health, safety and welfare, the following criteria are for use by the Planning and Zoning Commission in evaluating a Concept Plan application. The relevance of these factors to any particular project depends upon the site location, site characteristics, and the size of the proposed multi-family development. a. Urban Design 1. Enhance streets and open spaces through the orientation of buildings, walls, and other site features. 2. Provide for a variety of building types and densities. 3. Cluster larger and taller buildings at activity centers. 4. Encourage areas of high density only where macs transit and pedestrian accommodation are integral components of area planning. 5. Promote building forms that will respect and improve the integrity of open spaces and other public areas. 6. For small and/or infill multi-family development,.reinforce existing patterns in established neighborhoods by integrating new multi family buildings into their surroundings,i.e. through setbacks,building separation, and compatible architecture. - 12- b. Access, Circulation and Parking 1. Pedestrian connections should be provided throughout the development based on logical pedestrian desire lines and connect to adjacent pedestrian walkways, bike paths, open space systems, and community facilities and services. 2. Interior pedestrian connections should be connected to public sidewalks adjacent to multi-family developments. 3. Vehicular circulation throughout the development should be designed to be easily understandable in terms of its function, e.g. major access, front door, parking access, direction. 4. If possible, linear drives adjacent to parking shall be limited to 250 feet at which point they should be offset a minimum of 42 feet or angled a minimum 30 degrees. Where drives exceed 250 linear feet, vertical or horizontal curves are recommended to create a visual cut-off. 5. Surface parking between buildings and streets is discouraged. c. Building Locations and Orientation 1. Buildings should be arranged so as to enhance the "street scene". 2. Buildings should be arranged to take advantage of topography and other natural features of the site. 3. If possible, buildings should be arranged to provide views of and access to open space and natural features. 4. Buildings should be arranged to respect the privacy from other units and adjacent properties. 5. Buildings should be arranged to create courtyards. 6. A range of building heights should be provided to scale down the bulkiness of large buildings. 7. Common facilities, i.e. clubhouse and leasing office should be easily identifiable and accessible. 8. Buildings and windows should be located to maximize the possibility of surveillance of entryways, pathways,parking lots,bike paths, recreation and laundry areas. Children's play areas should be sited to allow for clear parental monitoring. 9. Landscaping should not block surveillance abilities. - 13 d. Density and Unit Mix 1. A range of unit types and building densities is encouraged within a development. 2. Higher densities should be located in close proximity to activity centers, community facilities and services, and pedestrian connections. 3. A range of unit types is encouraged, i.e. 1-bedroom,2-bedroom, and 3-bedroom, the purpose of which is to encourage a range in income, age, social mix, and family structure. e. Open Space 1. Open space should be created that is usable, continuous, and provides access to a larger community open space system, if any. .2 The open space system should include recreational facilities and amenities to help reduce the need for public open space and recreational facilities. f. Amenities Developments of 250 units or greater are encouraged to have one or more compacting dumpsters servicing the refuse disposal needs of the project. (c) Specific Plan Approval (1) Applicability . A Specific Plan must be approved for any development authorizing new construction of multi-family dwelling units or reconstruction of existing multi-family developments that will result in an increase in the number of units and no building permit shall be issued until a Specific Plan has been approved pursuant to this section. (2) Specific Plan Review Procedure a. An application for Specific Plan approval shall be submitted to the Director of Community Development, together with a specified number of copies of the Specific Plan and the filing fee. b. A Specific Plan may be submitted for the entire development at one time, or for approved development phases. c. Following review by appropriate departments, the Director of Community Development shall approve, conditionally approve or disapprove such Specific Plan. If the Director does not make a decision within 30 daysof the submission of a Specific Plan, the applicant may appeal to the Plnning and Zoning Commssion for approval. - 14 - d. Any applicant dissatisfied with the decision of the Director of Community Development may, within ten (10) days of such decision, appeal the decision to the Planning and Zoning Commission. If not appealed, the decision of the Director of Community Development shall be final. e. The Planning and Zoning Commission may affirm, reverse or modify the decision of the planning official on the Specific Plan and may estabhsh such-conditions as it deems necessary to meet the intent of this ordinance and to secure the health, safety, and welfare of the community. f. Any applicant dissatisfied with the decision of the Planning and Zoning Commission may, within ten (10) days of such decision, appeal to the City Council for its review. If not appealed, the decision of the Planning and Zoning Commission shall be final. The City Council may affirm, reverse or modify the decision of the Planning Commission on the Specific Plan. g. It shall be unlawful for any owner, tenant or other person in control of the premises to fail to follow the requirements or conditions of an approved Specific Plan applicable to said premises. • (3) Specific Plan Contents A Specific Plan shall contain, at a minimum, the following elements: a. A vicinity map at a scale of not less than one inch equals two thousand feet (1"-2000'). b. Map exhibit of the property that includes the following data: 1. Metes and bounds of all property lines. 2. Total area of property. 3. Scale and north arrow. 4. Names of boundary streets and the width of existing right-of-ways 5. Existing topography with a maximum contour interval of two (2) feet, except where existing ground is on a slope of less than two (2) per cent then either one (1) foot contours or spot elevations shall be provided where necessary. c. A final detailed land use plan at a scale of 1"=20' or such scale as deemed appropriate by City staff, showing: 1. Final building footprints, height and number of floors of all buildings, both above and below or partially below finished grade. 2. The traffic circulation system and the pedestrian circulation system, including the location and width of all streets,driveways, entrances to parking areas and parking structures,walkways,and bicycle paths. 3. The off-street parking and loading areas and structures. - 15 - 4. Usable open space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas. d. Final architectural elevations of typical proposed structures, including lighting system, premise identification and name signage system, and landscaping. e. Infcmation contained on a plan or statement showing the location and design of all screening measures and indicating the type and height of such screening. f. When the development is to be constructed in phases, a proposed development schedule showing the order of construction of such phases. g. A copy of any covenants,by laws, restrictions, maintenance plans, and conditions, if they exist, pertaining to the use, maintenance and operation of private open space areas. h. A final statement in tabular form which sets forth the following data: 1. Site coverage by building, parking and drives, open space, and usable open space. 2. Total number of dwelling units. Residential density in units per acre. 3. Total gross floor area for each type of use, including dwelling units by type and size. 4. Total area in usable open space. 5. Total number of off-street parking and loading spaces. i. Landscape plan showing trees, shrubs, ground cover, and turf areas including plant species and sizes prepared by a registered landscape architect. j. Final engineering grading plans. (4) Compliance with Conditions and Concept Plan The Specific Plan shall conform with any conditions imposed in conjunction with approval of a rezoning application as established during Community Framework review. The Specific Plan also shall conform with the approved Concept Plan, provided, however, that the Director of Community Development may approve minor dimensional variations from the Concept Plan,provided such variations do not vary the design standards contained in section (b) (5) Development Standards The additional information required in the Specific Plan phase is not required to be shown at the Concept Plan phase, but shall be incorporated into the project design. The Specific Plan shall comply with the development standards contained in section (b) (4) and shall, in addition, provide for the following. - 16 a. Architecture 1. The exposed exterior wall area, exclusive of door,window, and covered porch, breezeways and corridors, shall be a minimum of 75% masonry veneer, stucco, or other similar low maintenance material. 2. Buildings containing 3 or more attached dwellings in a row shall incorporate one or more architectural elements such as gables, chimneys, balconies, changes in wall plane, or other architectural elements. 3. Patios and balconies shall be a minimum of fifty square feet in area with a minimum narrow dimension of five feet. All open balconies must remain open and not be enclosed after occupancies. Patios and balconies shall not be calculated in the minimum 30% open space requirement. 4. Patios fronting on a public street shall be screened with material compatible with the architectural character of the project or with shrubs. 5. Family rooms or other similar rooms which may be used as bedrooms without structural changes shall be considered as bedrooms. b. Roof Articulation 1. Roof articulation such as changes in plane or use of traditional roof forms shall be incorporated into project design. Articulation may be achieved by changes in plane of no less than 2 feet 6 inches and/or the use of traditional roof forms including, but not limited to, gables, hips and dormers. 2. Roof slopes shall have a minimum 4:12 pitch. c. Landscaping 1. Within the 8 foot wide perimeter landscape area there shall be at least one 3" caliper large tree per 320 square feet in the perimeter landscape area. Two ornamental trees may replace one large tree up to a maximum 33% of the large tree requirement. Where perimeter areas are wider than the minimum 8 feet, the excess area shall adhere to landscape requirements as described in paragraph (4) below. 2. Within the 25 foot wide landscape area adjacent to abutting streets there shall be at least one 3" caliper large tree per 1000 square feet in the landscape area. Two ornamental trees may replace one large tree up to a maximum 33%of the large tree requirement. Where landscape areas are wider than the minimum 25 feet, the excess area shall adhere to landscape requirements as described in paragraph (4) below. 3. Within the 12 foot wide landscape area adjacent to principle buildings there shall be at least one 3" caliper large tree per 480 square feet in the landscape area. Two ornamental trees may replace one large - 17 - tree up to a maximum 33% of the large tree requirement. Where landscape areas are wider than the minimum 12 feet, the excess area shall adhere to landscape requirements as described in paragraph (4) below. 4. There shall be at least one 3" caliper large tree per 1,500 square feet in open spaces other than those noted above. Two ornamental trees may replace one large tree up to a maximum 33%of the large tree requirement. 5. There shall be curbs or wheel-stops between parking and landscape areas. 6. There shall be a minimum of 14 shrubs per first floor unit on the project grounds. The planting pit for shrubs shall be at least twice the width and twice the depth of the root ball and filled with topsoil and organic material. 7. In areas where existing 3" caliper or greater trees have been preserved, tree credit will be given in accordance with Section 33A-17 of Ordinance No. 4967. Replacement of 3" caliper trees shall be in accordance with Section 33A-18 of Ordinance No. 4967. 8. Dead plants shall be promptly removed and replaced with plants of similar size and caliper. 9. Provide automatic underground sprinkling systems for all planted areas. 10. Selected Plant List: The developer may select trees from the following plant list. In the event the developer wants to use trees not identified in the selected plant list the requested tree must be submitted to the Parks and Recreation Department and receive their approval. Large Trees Carya illinoensis Pecan Cedrus deodara Deodar Cedar Celtis occidentalis Hackberry Fraxinus pennsylvanica Green Ash Fraxinus texensis Texas Ash Gleditsia triacanthos Honey Locust Koelreuteria paniculata Golden Raintree Liquidambar styraciflua Sweetgum Magnolia grandiflora Southern Magnolia Pinus eldanca Eldarica Pine Pinus taeda Loblolly Pine Pinus thunbergii Japanese Black Pine Pistacia chinensis Chinese Pistachio Platanus occidentalis Sycamore Prunus caroliniana Cherry Laurel - 18 - Pyrus calleryana Bradford Pear Quercus falcata Southern Red Oak Quercus macrocarpa Burr Oak Quercus muhlenbergii Chinquapin Oak Quercus shumardii Shumard Oak Quercus virginiana Live Oak Sapindus drummondii Western Soapberry Sapium sebiferum Chinese Tallow Tree Taxodium distichum Bald Cnoress Ulmus crassifolia Cedar Elm Small Ornamental Trees Cercis canadensis Redbud Crataegus reverchanii Hawthorn Ilex vomitoria Yaupon Lagerstroemia indica Crape Myrtle Ligustrum japonicum (tree form) Japanese Ligustrum Myrica cenfera Waxmyrtle Prunus mexicana Mexican Plum Acer saccharum Caddo Maple 12. Heavily Landscaped Courtyard: For the purpose of meeting the criteria of a Heavily Landscaped Courtyard the landscaping shall include at least one 3" caliper large tree and three 5-6 foot high small ornamental trees per 1,300 square feet. d. Parking 1. The Specific Plan shall specify parking spaces for recreation facilities, amenities, leasing office, etc. 2. Designated short term parking shall be provided next to mail box kiosks or enclosures in addition to minimum required parking. 3. There shall be continuous visual screening of parked cars from the street by a wall, fence, berm, and/or shrubbery with a minimum 30" height. 4. There shall be a maximum of 10 covered or uncovered parking spaces between landscaped islands having a minimum width of 8 feet and planted with a minimum of one 3" caliper large tree or 5-6 foot high small ornamental tree. 5. Carports and/or garages shall be constructed with compatible architectural treatment with other site elements. 6. Parking shall not be constructed with more than 1 parking bay in width unless a minimum 8 foot strip of landscaping is provided between bays. The landscape strip is to be planted with 3"caliper - 19 - trees at a maximum separation of 30 feet on center. Two ornamental trees may replace one large tree up to a maximum 33% of the large tree requirement. If carports or garages are provided in the middle rows of two bays of parking the landscape stnp shall not be required. e. Driveways and Interior Circulation Internal circulation drives shall be clearly defined either by curbs and landscaped islands, or where parking is adjacent to interior circulation-way, the travel-way shall be articulated by the required landscape islands and tree plantings between parking. f. Pedestrian Connections 1. Sidewalks are required adjacent to all streets. 2. Sidewalks shall be a minimum of 48"wide. 3. Sidewalks shall be provided from principal use structures to the office, laundry facilities, and amenities. 4. Sidewalks shall be set off of public street curbs. 5. Pedestrian connections shall be constructed of stone, slate, exposed aggregate concrete, plain concrete, or concrete pavers. Jogging trails may be constructed of approved synthetic material. g. Amenities and Screening 1. Mailbox enclosures shall be located in a central, easily accessible location in such a way as not to disrupt circulation of the project. 2. Storage areas, air conditioning compressors, loading areas, roof objects (roof mounted equipment which rises above the roof line), trash containers, satellite dishes, utility boxes, and maintenance facilities shall either be housed in closed buildings or otherwise screened from public view. Such screening would normally include landscaping or permanent fences of solid materials. 3. Any and all lines and/or wires for communication or for transmission of sound or current, not within a building, shall be constructed or placed and maintained underground. h. Fences and Walls 1. All fencing and walls will be constructed to be compatible with the principal structure and will be designed with a foundation system as recommended by a soils engineering firm. 2. Maximum height of fences: Perimeter fence used for security and/or sound barrier: 8 feet Perimeter or interior fence used for screening: 8 feet Other perimeter or interior fence: 4 feet - 20 - Fences should be limited to those only necessary for security, sound barrier, and screening purposes, therefore encouraging open areas. Open fencing is preferred over solid fencing and landscaping is preferred for screening over fencing. 3. Articulation is required for walls 70 feet or longer which abut fronting streets, i.e. plane change, height variation, open fence, etc. 4. Solid walls or fences are not permitted between abutting streets and the required perimeter landscape areas. Signage 1. A directory shall be provided at or near the entrance identifying buildings and access throughout the development. 2. Building identification signs and directional signs shall be in accordance with the City Premise Identification Ordinance. 3. All signs shall be in accordance with the City Sign Ordinance. j. Lighting 1. All outdoor lighting shall be directed so as to avoid glare and excessive light spillage on adjacent property and fronting streets. 2. Exterior building lighting shall have concealed sources of illumination and maintain lighting levels consistent with the recognized standards of the lighting industry. 3. A lighting plan describing exterior illumination layout and fixture selection must be approved prior to construction. 4. An exterior light source shall have sharp cutoff. 5. Provide lighting with a minimum .5 and average 1.0 foot candle in all parking areas and drives. Lighting fixtures in parking areas and drives shall not exceed 30 feet in height. 6. Lighting fixtures along pedestrian connections and recreation areas shall not exceed 15 feet in height nor shall lighting exceed an average .5 foot candle except as necessary for recreation facilities, i.e. for tennis courts, lighted play fields, etc. 7. Premise identification signs shall be located in an area so they are sufficiently lit so as to be readable. j. Accessory Structures Accessory structures and buildings, including but not limited to garages, carports, mail kiosks, offices, recreation buildings and swimming pools may be located on the property as approved by the specific plan. -21 (d) Supplemental Performance Standards and Bonus 1. Upon submittal of an S-P-1 or S-P-2 District rezoning application, or if in a PUD District submittal of a development plan application, accompanied by a consistent Concept Plan application, an increase in density may be authorized if it is determined that the project embodies exceptional design features, as measured by the following criteria, and that the density increases shall not create detrimental effects on adjacent properties or to the neighborhood in which the development is situated. The decision of whether to grant a density increase is discretionary. The density bonuses set forth in this section are divided into two categories, base bonus density which allows a density up to 40 dwelling units per acre and a high density which allows a density of greater than 40 dwelling units per acre. 2. For purposes of this section only, the following definitions apply: a. Unit increase is defined as the total number of additional units allowed per development in excess of that permitted by the maximum base density. b. Density increase is defined as the increase in number of units per acre allowed per development in excess of that permitted by the maximum base density. 3. Base Bonus Density Performance Standard Unit Density (up to 40 dwelling units per acre) Increase increase a. for every additional 300 square feet of usable open space in excess of the minimum 25% of total net floor area: 1 unit b. for every two parking spaces beneath or within principal structure: 1 unit c. for 100% of dwelling units designed, built, and titled for individual ownership (designed and built includes such things as separate metering, two hour fire walls, amenities, and submission of condominium documents): 4 DU/Ac d. for variations in building types, i.e. townhouses over flats, 3-story garden apartments with 5-6 story building(s), etc., if the Planning and Zoning Commission finds that the project embodies exceptional design features: 4 DU/Ac e. for minimum floor areas in excess of the minimum required; or unit amenities for large percentages of unit, i.e. minimum of - 22 - 30% of units have washer/dryer connections, fireplaces, etc.; or security devices are installed; or larger rooms; or dining rooms; or designated maintenance area for car washing and/or repair; or any combination thereof: up to 2 DU/Ac f. density bonuses authorized under subsections (1) through (5), when combined may not exceed 15 units per net acre. 4. High Density Mid to High Rise Performance Standards (Greater than 40 dwelling units per acre) a. To be eligible for density increases under this subsection the applicant must first achieve an average net density of 40 dwelling units per acre as determined by one or more of the Base Bonus Density Performance Standards. b. The granting of a request for increased density shall be based on the following criteria and standards: 1. Increased density and height shall not be allowed adjacent to single family zoned land or single family uses. 2. Compatibility with existing relevant comprehensive plans, neighborhood plans, city land use policies and approved sub-area plans. 3. Sensitivity to the neighborhood context, mix of housing types, and land use environment. 4. No detrimental impact on the provision of public services, utilities, or traffic in the neighborhood or city as a whole, i.e. roads,water, wastewater, and drainage facilities are adequate to serve the increased density and all necessary capital improvements will be installed by the developer or are programmed and funded in a current Capital Improvement Program. 5. Urban design criteria for the area as well as the city as a whole are considered, such as the relationship to the skyline, appropriateness of a landmark form, and axial relationships of taller buildings to the major street and open space system of the area. 6. Provision of adequate common facilities, open space, and recreational amenities such as playgrounds, tennis courts, health facilities, on-site convenience stores, and services which would reduce the need for auto trips as well as demand for public recreational facilities. 7. The development's creative planning and design will create a more livable neighborhood and community and will promote an urban living environment where people can live, work, play, and shop in a neighborhood context. - 23 - 8. The project, by virtue of its location and function, serves important community needs not otherwise obtainable by standard densities, such as provision of affordable housing opportunities for local industry and businesses, reduction in traffic generation through transportation management techniques, or proximity of housing to employment centers. (e) Variance to Development Standards 1. Upon request of the applicant and in conjunction with a Concept Plan application, the Planning and Zoning Commission may grant a variance to any of the development standards contained herein on platted lots or parcels of two acres or less. No variances to the requirements of the underlying zoning district or to density standards may be granted. 2. The Commission may grant a variance if the applicant demonstrates that the following conditions are met: (1) The variance is in harmony with the general purpose and intent of these regulations. (2) The variance will not adversely affect the use of neighboring properties. (3) The variance will not be detrimental to the general health, safety and welfare of the community. 3. Variances to development standards on individually platted lots or parcels greater than 2 acres may be granted only in conjunction with an S-P-1 or S-P-2 rezoning application, or if in a P.U.D. district a development plan application, and shall be accompanied by a Concept Plan application. (f) Applicability This section shall only apply to aggregations of five (5) or more dwelling units on a single lot or parcel. (g) Lapse of Concept Plan or Specific Plan Approval 1. If all or a portion of the Specific Plan has not been submitted within two (2) years following approval of the Concept Plan, the Concept Plan shall lapse unless the property owner requests an extension prior to the expiration of the applicable period. The request for extension shall be reviewed in the same manner as for approval of the Concept Plan. 2. If a building permit has not been submitted within two (2)years following approval of the Specific Plan, the Specific Plan shall lapse unless the property owner requests an extension prior to the expiration of the applicable penod. The request for extension shall be reviewed in the same manner as for approval of the Specific Plan. - 24 - 3. If the Concept Plan or Specific Plan consists of more than a single use, the property owner must make substantial progress in obtaining approval for Specific Plans for the remainder of the development, or in obtaining building permits for the remainder of the uses authorized by the Specific Plan. The Director of Community Development may initiate review of the development in order to determine whether significant progress is being made. In the event that the Director of Community Development determines that significant progress is not being made, the Director shall refer the matter to the Planning and Zoning Commission. Following notice and a public hearing, the Commission may terminate the Concept Plan or Specific Plan, or may attach additional conditions to the extension of the Plan. The Planning Commissions determination may be appealed within ten (10) days of the decision to the City Council. (h) Filing Fee A non-refundable filing fee of$150.00 plus $1.00 per dwelling unit for each dwelling unit initially requested, regardless of number of dwelling units finally approved, shall accompany each application for Concept Plan or Specific Plan under Section 52-59. Section 3. The terms and provisions of this Ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this Ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this Ordinance. Section 4 Any person violating or failing to comply with any provision of this Ordinance shall be fined upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation of non-compliance continues shall constitute a separate offense. Section 5 The fact that the present ordinances and regulations of the City of Irving are inadequate to provide for high quality multi-family housing within the corporate limits of the City of Irving, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Irving and it is accordingly so ordained. Section 6 In the event of a conflict between the provisions of this ordinance and other provisions of Zoning Ordinance No. 1144, this ordinance shall prevail. Section 7 The provisions of the multi-family development review procedure, enacted as Ordinance No. 5879, though repealed, shall continue to apply to any site to which this new ordinance may not, under the law, apply. In addition, Concept Plan and Specific Plan requirements shall not apply to tracts covered by an approved Multi Family Review Plan. - 25 - . • PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,THIS,atezenLac.S /49/ . 24-7 Roy Brown Mayor,City of Irving 0 ` OF IA D� Letter d City Secretary APPROVED AS TO FORM: *�- � APPROVED BY Do-.I. • • -c a h CITY COUNCIL City Att. ey DEC 51991 LESTER G. FORD CITY SECRETARY IRVING. TEXAS -26-