Heritage Crossing Design Guidelines Ordinance

AN ORDINANCE AMENDING THE CITY OF IRVING, TEXAS, ZONING ORDINANCE BY ADDING SECTION 52-32h TO PROVIDE FOR THE CREATION OF A HERITAGE CROSSING REDEVELOPMENT DISTRICT AND ADOPTION OF DESIGN GUIDELINES; PROVIDING A PENALTY NOT TO EXCEED $2,000; ESTABLISHING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR CONFLICT RESOLUTION. WHEREAS, the Planning and Zoning Commission and the City Council, in accordance with the provisions of the Charter of the City of Irving, the state law, and the applicable ordinances of the city, have given the required notices and have held the required public hearings regarding this amendment to the Comprehensive Zoning Ordinance No. 1144 of the City of Irving; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 1144 of the City of Irving, Texas, is hereby amended by adding Section 52-32h which shall read as follows: Sec. 52-32h. Heritage Crossing Redevelopment District. (a) Purpose. The purpose of the Heritage Crossing Redevelopment District is to encourage new development and redevelopment within the Heritage Crossing neighborhood that integrates housing, shops, workplaces, parks, and civic facilities into a close-knit community using the principles of New Urbanism.

(b) Boundaries. The Heritage Crossing Redevelopment District is bounded by Pioneer Drive on the north, MacArthur Boulevard on the west, Shady Grove Road on the south and Britain Road on the east, and includes those properties which front both sides of those particular streets.

(c)

Overall design guidelines.

(1)

Vision. Walkability, affordability, sustainability, and quality architectural design are key elements of the Heritage Crossing Redevelopment District. Design guidelines are included to provide property owners and developers with a clear set of design parameters that will instruct site planning, architecture, landscaping, streetscapes, and construction to result in a uniform character throughout the Heritage Crossing Redevelopment District. Photos, drawings and other illustrations included in this Section 52-32h 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 52-32h, the text shall control.

(2)

Design principles. a. Buildings should relate appropriately to surrounding developments and streets and create a cohesive visual identity and attractive street scene. b. Site design should promote efficient pedestrian and vehicle circulation patterns. c. A high-quality street and sidewalk environment that is supportive of pedestrian and transit mobility and that is appropriate to the roadway context should be provided. d. Trees, sidewalks, and buildings should be arranged in a manner that supports the creation of a safe, human-scaled, and well-defined roadway environment.

-2-

e. Trees or man-made shading devices should be used to create a pedestrian-friendly environment both alongside roadways and connecting roadside sidewalks to businesses. f. Buildings should relate appropriately to their roadway context, allowing for easy pedestrian access to buildings and providing well-defined edges to the roadway environment. g. Building entrance ways should be convenient to and easily accessible from the roadside pedestrian system. h. Opportunities for roadside uses that enliven and enrich the roadway and pedestrian environment, such as outdoor dining, porches, patios, and landscape features should be provided. i. Vehicular parking should be accommodated in a manner that enriches and supports, rather than diminishes, the roadside pedestrian environment, and that does not create a barrier between the roadside environment and the roadside building. j. Development should provide public social spaces that encourage a sense of community where a wide diversity of people can coexist. k. Outdoor room should be created wherever possible by providing seating, shade, trash receptacles, and water features. Landscape barriers should be provided between such outdoor rooms and the parking lot to reduce glare and reflection from cars and create a sense of enclosure.

(d)

Landscaping regulations.

(1)

Landscape design principles. a. The installation and continuous maintenance of landscaping to its attractive best is extremely important. Landscape materials should be chosen for their hardiness and heat tolerance in areas within or adjacent to vehicular traffic, for their ability to provide shade or screening of vehicles, utilities or trash receptacles, and for their attractiveness in the context of the building and surroundings.

-3-

b. Landscaping and paving adjacent to public areas contribute both aesthetically and functionally to the overall design character of the Heritage Crossing Redevelopment District. c. Landscaping should reinforce the character of neighboring properties and abutting streetscapes. d. Landscape designs should conform to any established or planned streetscape designs of the city or that of other privately planned areas.

(2)

Minimum landscaping requirements. a. The minimum landscape area required within each multifamily building site shall be 20 percent including hard-scaped plazas, outdoor seating/serving areas, walkways within onsite open space areas, and other similar hard-scaped on-site amenities. b. Hard-scaped elements shall account for no more than two-thirds of the minimum landscape area requirement.

-4-

c. Outdoor ground planes which abut or are adjacent to the public right-of-way (i.e. recessed entries) shall be paved with terrazzo, concrete pavers, concrete, stone, brick, tile, or another high quality hard-scape material. Asphalt and loose paving such as gravel are prohibited. The paving design and materials shall complement the building or storefront architecture.

d. In larger courtyard-style spaces visible from the public right-of-way, groundcover, shrubs, and flowers shall be used to accent and fill blank areas with visual interest. The use of bare mulch and rocks should be minimized. Areas of bare earth are not permitted. e. The walls of office, retail, and other commercial buildings shall include foundation landscaping, except in areas with active storefronts and entrances. Base-planting areas shall be incorporated along all building and parking structure frontages. Base-planting areas can occur as raised planters or in-ground, should be a minimum of 3 feet wide and should incorporate ground cover, shrub musings, and canopy trees. f. Trees shall be used throughout all paved circulation/parking areas and in association with pedestrian paths and gathering areas to provide shade, reduce heat build-up, and cut glare. g. Parking areas shall be broken up with landscaping. Pedestrian corridors through parking areas shall have a minimum width of 10 feet and be composed of landscaping and a minimum 4-foot wide sidewalk. h. Narrow landscape strips (less than 5-feet curb-to-curb width) within parking lots are to be avoided.

-5-

i. A combination of dense landscaping, screening walls, and/or berming/mounding shall be provided to screen parking facilities, service and loading areas, maintenance areas, storage areas, trash enclosures, utility cabinets, and other similar elements.

(3)

Required trees and shrubs. a. All trees and shrubs shall be from the city’s approved tree and shrub lists, with native and drought-tolerant materials strongly preferred. b. Preservation of existing trees that are 24 inch caliper or larger is a high priority and is considered essential in both new development and redevelopment. Developers will be provided a 1.5 to 1 credit toward the landscaping requirement for new development for preservation of such trees; i.e. keeping one 24 inch caliper tree counts toward planting 36 inches of new trees. Post Oak and Blackjack Oak trees are considered relic trees worthy of additional protection. Developers will be provided a 2 to 1 credit toward the landscaping requirement for new development for preservation of Post Oak and Blackjack Oak trees of at least 6 inch caliper.

-6-

c. Prior to development or redevelopment of any property, the developer shall prepare and submit to the city a detailed tree survey of the property indicating the location, size, and species of all existing trees 6 inch caliper or larger measured 12 inches above grade. The developer shall also provide a site plan showing the proposed development overlaying the tree survey indicating which trees are proposed to be removed and which trees will be preserved, along with a table indicating the number of trees and caliper inches proposed to be removed and proposed to be preserved. d. Where practical and reasonable, existing trees shall be preserved. Where not practical or reasonable, a tree may be removed if it is in the footprint of a new building or the driveway or parking area of the new building. Trees outside those areas shall be preserved, and if damaged during construction, or if they die within 2 years of construction, shall be replaced in addition to the required landscaping on the site, with an equal number of caliper inches at the same location if practical or other locations within the Heritage Crossing area. If a developer attempts to preserve a tree within 5 feet of the building, driveway or parking area, or within an easement or within 5 feet of an easement, no credit will be given, but mitigation will not be required if the tree fails to survive. e. An existing tree that is approved for removal shall not be removed from the property until a building permit has been issued, and development of the site is imminent as evidenced by executed construction-related contracts or other documents acceptable to the planning and inspections director. If a protected tree is removed contrary to the provisions of this section entitled “landscaping regulations,” the owner of the property from which the tree was removed shall make a payment into a special city account to be known as the Heritage Crossing Redevelopment District Tree Fund. The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived by the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree and Landscape Appraisers, unless another publication is designated by the planning and inspections director. If more than one tree is removed, the values of the trees are added when calculating the payment required. The required payment diminishes equally with each inch replaced through the following alternative approach: the owner of the property from which a tree was removed may mitigate the loss of the tree by the planting of an equal number of caliper inches of new trees with a minimum caliper of 6 inches each at a location approved by the planning and inspections director within the boundaries of the Heritage Crossing Redevelopment District. f. Street trees. 1.

Street trees shall be provided along the sidewalk along all public streets at a ratio of one tree for each 40 feet of frontage.

2.

Street trees shall be a minimum 6 inch caliper at time of planting measured 12 inches above grade.

3.

Street trees shall maintain a spacing of between 25 feet minimum and 45 feet maximum.

-7-

4.

Street trees may be clustered at focal points as part of an overall landscaping plan.

5.

Placement of street trees shall not create an obstacle to opening doors of vehicles parked in parallel parking spaces.

g. Nonresidential buildings set back more than 10 feet from the property line shall provide 1 4 inch caliper tree for each 300 square feet of streetscape area between the face of the building and any property line adjacent to a street. (e)

Parking regulations.

(1)

Parking design principles. a. Convenient parking is extremely important to the success of a retail establishment. Efforts should be made to minimize its impact on the visual quality of the street and the pedestrian movement along it. b. On the streets, both angled and parallel parking are preferred. Angled parking provides more parking spaces, and parallel parking allows for wider sidewalks and fewer traffic disruptions. c. On-street parallel parking and parking behind buildings, along with shared parking arrangements promotes convenience for automobiles and complements the pedestrian character of the street front.

-8-

d. Surface parking lots shall contain interior landscaping with curbed islands planted with shade trees. e. Techniques for screening surface parking lots include perimeter-landscaped buffers of shade tree planting or up to three-foot-high screen walls or hedges.

f. Up to 80 percent of a parking garage’s facade shall be concealed from streets with only retail and residence/office facing the public streets. g. Portions of the garage visible from streets shall reflect the exterior building materials, forms, and scale of surrounding buildings. h. Parking garages and off-street parking and loading shall be accessed from secondary streets away from principal pedestrian routes. i. Pedestrian passes with active uses and attractive landscaping should link off-street and garage parking with the street frontage. j. Ramps shall not be expressed on the facade of parking structures fronting or visible from public streets. k. Steel parking garages and steel guard cables on garage facades are prohibited. l. While viewed as background architecture, most above-grade parking structures still require some level of architectural treatment to visually de-emphasize the purpose of the structure as parking while trying architecturally to reference the primary building or buildings that it serves. The level of architectural treatment is dependent on the visual prominence of the parking structure and its relationship to other activities/uses. m. An above-grade parking structure shall reduce its apparent mass by articulating corners and breaking long walls by recessing and/or shifting the wall plane horizontally and vertically.

-9-

n. Stair towers and elevator cores shall be defined to be distinct, taller masses that intersect the mass of the main structure and provide polarity to the composition and relief to the structure’s horizontal emphasis. o. In taller structures, upper levels of parking shall step back and incorporate irrigated terraced planters with appropriate hardy plant material. p. A distinct base, middle, and top shall be clearly delineated for the parking structures. The “visual” weight of the structure should decrease as the height increases. q. The exterior design (skin) of a structure should minimize its visual identity as parking by visually disrupting the monotony of its underlying structural system through the introduction of a more sophisticated rhythm of wall-mass and window-opening, and by establishing a hierarchy in the composition through variations in color and material, and/or texture. r. Parking structures with internalized ramping are preferred in order to avoid introducing an angular geometry to the perimeter of the structure. s. Where parking structures and pedestrian areas adjoin, the exterior edge of the parking structure shall exhibit a higher level of architectural details such as decorative grill work, overhead trellises, tree canopy, planter/seat walls, pedestrian scaled lighting, and the application of materials and textures that establish a comfortable and well proportioned human scale. t. On high speed perimeter streets such as McArthur Boulevard, O’Connor Road, Pioneer Drive, Britain Road, and Shady Grove Road standard off-street parking requirements will apply.

-10-

(2)

Minimum parking space requirements. Off-street parking spaces for the applicable use classification shall meet the following minimum number of spaces. Use

Parking Ratio

a. General retail

1 space per 200 square feet of floor area

b. Bank

1 space per 300 square feet of floor area

c. Office

1 space per 300 square feet of floor area

d. Retail and commercial Discount 25 percent if within 1,000 feet of transit station e. Mixed use

Sum of spaces resulting from application of ratios provided above for respective uses in the development

f. Restaurant

1 space per 100 square feet

g. Multifamily

Efficiency

1 per unit

1-Bedroom unit

1.5 per unit

2-Bedroom unit

2 per unit

3-Bedroom unit

2.5 per unit

More than 3

2.5 + .5 for each bedroom above 3

(f)

Sign regulations.

(1)

Sign design principles. a. Retail signs should complement the architecture of the building and also provide a unifying element along the streetscape. b. Along mixed-use streets, the best placement for signs is along the lintel or sign frieze between the ground floor storefront and the upper facades. c. Desirable sign types include indirectly lit signs, raised letter signs, wall signs, awnings, and double-faced, projecting signs along pedestrian streets. Building signage materials may be fabricated aluminum, die raised or engraved, cast bronze, stone, or masonry. d. Signs should be distinctive, eye-catching, and simple, avoiding excess advertising. Where possible, signs along a block face should be located at approximately the same height to create a unifying, horizontal pattern.

-11-

e. All signs placed on a site shall be designed as part of a coordinated signage design theme regarding colors, images, and style. f. Internally illuminated, oversized, pylon, monolith, rooftop, neon, rear-illuminated awnings, fabric banners, plastic, flashing, moving, and generic trademark signs shall not be permitted. g. Billboards are not allowed. h. Text on all signs shall be simple and easy to read. i. To avoid visual clutter, redundant signage or multiple external signs shall not be used (except in prominent corner conditions). j. Signs shall be constructed of high-quality, durable materials. k. Business signs shall not obstruct significant architectural details or elements. l. All ground-mounted signs should be placed within planting areas that coordinate in design for the overall site, except for small directional signs that are placed on poles along streets and driveways or informational kiosks that are placed freestanding along sidewalks or plazas. m. Sign design, colors, and materials shall be compatible with the design, colors, and materials of the buildings on the site. n. Exterior signs should be located within the base of the building and shall be geared to establish the location, identity, and character of the use of the retail establishment. o. Signs may be located on the spandrel panels of the building immediately above the storefront, within the transom of the door or storefront, on door or window glass, on wall areas adjacent to the door, on the skirt of the awnings, or on projecting signs hung within the base zone of the building. p. Signs shall not project above the roof or on rooftops.

-12-

q. Letter style should be chosen that is easy to read and that represents the image of the business. The maximum letter height should not exceed 75 percent of the height of the background on which they appear.

(2)

Signage hierarchy. Signage systems consist of a hierarchy of sign elements that, when viewed holistically, affect the image and character of an area, minimize visual clutter, and enhance area access. A signage hierarchy for the master plan's buildings should be established that includes: a. Development identity – Signage at main entrances to an overall development site. Gateway/entrance signs should be placed at each main entrance to identify the overall development or use of the site. b. Business site signage – Business names/addresses not on building. If a business or use needs a site sign to supplement building signage, then such signs should be designed as part of the area’s overall sign hierarchy. They should be coordinated in size, style, color, and design with the development site signage, with limited use of corporate logos, images, icons, or colors. c. Directional signage – Way-finding to places, businesses, and parking. Directional signage should be used to direct people to park/recreation facilities, businesses, parking, and civic/institutional uses. These should be located in main entrances and/or lobbies with appropriate information for persons with disabilities. Place directory information adjacent to “You are here” information. d. Informational kiosks – Information regarding places and events. Such signs should direct people to areas of interest in the master plan, other shopping districts, parks, institutions, historical sites, entertainment venues, etc. e. Accessible signage for persons with disability. Accessible signs shall identify permanent rooms and spaces, including room numbers, emergency exits and toilet facilities, and with directional and informational signs.

-13-

(3)

Sign regulations. a. Pole signs are prohibited. b. Monument signs are allowed by site plan zoning only. c. Wall-mounted or professionally painted signs for individual occupant spaces in a building. 1.

Maximum height: 75 percent of the background on which it appears.

2.

Maximum width: 75 percent of the background on which it appears.

3.

Maximum sign envelope: 50 percent of the occupant space width and 50 percent of the occupant space height.

4.

Maximum number: 1 wall sign per occupant space. An occupant space that fronts more than 1 one street may have one sign per each street frontage.

d. Wall-mounted multi-tenant signs (signs that advertise multiple tenants within 1 building). 1.

Maximum number: 1 per corner of the building, located at the corner; only 1 at each corner.

2.

Maximum height: 10 feet.

3.

Maximum width: 10 feet.

4.

Maximum area: 100 square feet or 75 percent of building facade, whichever is less.

e. Window signs. 1.

Maximum coverage: 25 percent of the area of the window on which it is attached or painted.

f. Projection signs (signs that project away from the wall at a 90° angle). 1.

Maximum number: 1 per tenant space.

2.

Minimum clearance above sidewalk: 9-1/2 feet.

3.

Maximum area: 8-12 feet above grade – 6 square feet more than 12 feet above grade – 30 square feet in lieu of wall sign.

-14-

g. Canopy signs. 1.

Maximum height: 75 percent of canopy section on which located.

2.

Maximum width: 75 percent of canopy section on which located.

3.

If tenant name or logo is included in canopy sign, the canopy must be completely replaced upon a change of tenant.

h. Directory signs (signs attached to a wall that list tenants in a building and no other advertisement). 1.

One per building entrance located at the entrance; only 1 at each entrance.

2.

Maximum area: 8 square feet.

i. Building identification signs (signs attached to a wall that identify the name of the building, not the occupants). 1.

Maximum number: 1 per street frontage; only 1 on each frontage.

2.

Maximum area: 30 square feet.

3.

Minimum height above grade: 25 feet.

-15-

(g) Underground utilities. All new construction to be built in the Heritage Crossing area shall have underground utilities from building line to property line. All new utilities to serve the development must be underground. (h)

Driveways and streets.

(1)

Main entry streets/drives should be planned with open views into a site and adequate stacking room for vehicles waiting to exit or enter the site. Such access points/entry drives should not be oriented toward the backs of buildings, rear driveways or alleys.

(2)

An interconnected, easy-to-understand street system should be established to facilitate access to and within a development.

(3)

Driveways shall be a minimum of 16 feet and maximum of 24 feet wide. The use of paving strips is encouraged.

(4)

Driveways within a property shall have a minimum setback from the side property line of 3 feet.

(5)

All streets should be equipped with paving, curbing, sidewalks, public lighting fixtures, street name signs, and street trees, as required by the city. Such facilities should be installed in accordance with specifications and design standards adopted by the City of Irving.

(6)

Street intersections providing site access to the district should be enhanced by incorporating signs, accent paving, special landscaping, and lighting. Materials used in entry features should be consistent with other materials used in the development.

(7)

The minimum building setback, including stairwells, exclusive of any garage, from a private driveway or edge of parking is 8 feet

(8)

Streets and driveways within a property should be aligned with meaningful destinations, such as view corridors or significant planting areas.

(9)

Crosswalks should be designed for maximum safety and visibility of pedestrians. Special paving is encouraged to visually extend the pedestrian way across the street.

-16-

-17-

(i) Sidewalks. Sidewalks shall consist of 2 zones: a street tree/furniture zone located adjacent to the curb and a clear zone. (1)

Street tree/furniture zone. a. Thoughtfully selected street furniture and art elements can greatly enhance the public realm. Decorative streetscape amenities, such as paving, lighting, raised planters, and entrance landscaping, is required for all streets and driveways within a development site. b. The street tree/furniture zone shall have a minimum width of 8 feet (from face of curb) and should be continuous and located adjacent to the curb. c. The zone shall be planted with street trees at an average spacing not greater than 30 feet. d. In addition, the zone is intended for the placement of street furniture including seating, street lights, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, public utility equipment such as electric transformers and water meters, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility.

-18-

(2)

Clear zone. a. Sidewalks facing storefronts shall be a minimum of 8 feet wide. b. The sidewalk paving patterns should include a brick or brick colored unitized paver course in the furnishing zone and concrete sidewalk in the pedestrian through zone and frontage zone. Special treatment should be provided at intersections. c. Crosswalks should be provided at all traffic lights and on both sides of every intersection. Crosswalks may be added as pedestrian traffic increases over time.

(j)

Lighting.

(1)

Adequate lighting levels shall be provided in all areas used by pedestrians and automobiles, including building entries, walkways, parking areas, circulation areas, and open spaces. Required minimum lighting levels are: a. Building entries: 4 foot candles. b. Primary pedestrian walkway: 2 foot candles. c. Secondary pedestrian walkway: 1-2 foot candles. d. Parking lot: .60 -1 foot candle. e. Enclosed parking garages for common use: 3 foot candles.

-19-

(2)

Lighting types include: a. Exterior building lighting. Architectural lighting may be used to articulate the particular building design. Lighting of cornices, up lighting, and other effects may be used. Lighting should not cast glare onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles. Lights may, however, be used to create effects of shadow, relief, and outline that add visual interest and highlight aspects of the building. Recommended designs are: 1.

Metal halide lights.

2.

Wall-washing lighting fixtures.

3.

Decorative wall sconce and similar architectural lighting fixtures.

4.

Screened uplight fixtures on buildings or integrated with landscape.

b. Parking lot lighting. Driveways, parking bays/parking lots, and pedestrian circulation routes should be lighted. 1.

Concrete light fixture bases should be no taller than 8 feet.

2.

Pedestrian and parking lighting shall be produced from a visible source.

3.

Fixtures shall not exceed 12 feet in height.

c. Landscape lighting. 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. d. Sign lighting. Sign lighting should be designed as an integral component of the building and sign composition. Interior plastic sign lighting, neon or fluorescent tube sign lighting, moving or flashing lighting are not permitted.

-20-

(k)

Building services.

(1)

The location of above ground utility facilities should be identified early in the design process. When possible, 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.

(2)

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, and other service functions 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.

(3)

Solid waste collection areas and mechanical equipment, including equipment located on a rooftop but not including solar panels, shall be screened from the view of a person standing on the sidewalk on the far side of an adjacent public street.

-21-

(4)

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.

(l)

Retail development.

(1)

Vision. Much of the new retail development in the Heritage Crossing Redevelopment District will be mixed-use with retail on the ground floor and residential or office uses on the floors above. Rather than a strip of roadside services, retail uses should be designed as a focal point of activity, offering interesting shops, quality restaurants, and essential services in attractive buildings and settings. These retail corridors will serve the needs of those traveling through and the residents and workers of the community and its neighborhoods.

-22-

(2)

Retail site design principles. a. A continuous retail use at the pedestrian level with office or residential uses on the upper floors should be promoted throughout the district.

b. Retail uses should be arranged on either side of the street, providing parking in front of them. When stores are arranged across and along a street, merchants feel as if they belong to a community, and customers feel a sense of place. Additionally, drivers are more cautious and polite as they recognize this area belongs to the people. c. The paths that pedestrians use should be enhanced to provide shade, protection, and differentiation from residential areas or parking. d. Curbside parking should be provided for convenience and to create vitality to commercial streets. Where off-street parking is required, its impact shall be minimized through screening and landscaping. e. Small “arcade” signs hung under the arcade are the preferred signage so shoppers are led from one shop to the next. f. Retail streetscapes should provide interest, continuity, and identity. They should also include a consistent blend of themed street furniture, consisting of streetlights, banners, benches, bollards, news racks, bus stops, and trash receptacles.

-23-

g. Sidewalk width is dependent on surrounding uses and scale of street. Retail corridors should include zones for window shopping, through pedestrian traffic, outdoor eating, street trees, and hedge buffers.

h. Along such retail storefront corridors, wider sidewalks for pedestrian uses are encouraged; also wider sidewalks and sidewalk shade trees are preferred over parkways. i. Retail streetscapes should feature a pedestrian space and incorporate landscaping, shaded areas and seating opportunities for customers. A variety of civic infrastructure should be provided along walkways.

j. Shopping carts shall be stored within the building or screened with a wall that is integral to the architectural design of the adjoining building.

-24-

(3)

Retail development requirements. a. Area and height requirements. 1.

Lot area: 4,500 square feet minimum.

2.

Setbacks: (i)

For each project, the developer will identify which lot line or lot lines are “front facades.”

(ii)

The build-to-line for primary structures, walls and fences on front façades shall be the property line. Up to 33% of the building frontage on front façades may vary from this build-to-line. There shall be no build-to-line/setbacks for temporary buildings, structures or tents erected for special events.

(iii) Building separation. Primary buildings and parking structures shall not be located closer than 20’ from an adjacent building or structure except where a fire wall meeting local code requirements is provided. (iv) Floor area ratio = 2.8:1. 3.

Lot coverage: (i)

Maximum lot coverage for retail only or with residential and/or office above shall be 80 percent.

(ii)

The area of a porch or arcade fronting a public street is not included.

(iii) The area of an above-grade parking structure is included. 4.

Building height. Mixed-use buildings with retail on the first level and residential/office above shall be allowed with the following heights. (These heights intend to allow a high ceiling height in the first floor retail use.) (i)

Retail floor to floor height – 20 foot maximum.

(ii)

1-Story retail – 35 foot maximum.

(iii) 2-Story building height – 51 foot maximum. (iv) 3-Story building height – 63 foot maximum. (v)

4-Story building height – 75 foot maximum.

(vi) 5-Story building height – 87 foot maximum. (vii) 6-Story building height – 99 foot maximum.

-25-

b. Retail architectural design. 1.

Facade treatment. (i)

Storefronts are the most important component of commercial architecture. The storefront is defined as that part of the building that fills the structural bay on the front facade at ground level.

(ii)

Storefronts shall include a base (the area under the window and usually opaque), the transparent window, a transom above the window, and a storefront cornice.

-26-

(iii) Storefronts shall contain appropriate decorative trim, have ample window exposure, and clearly marked entrances. Wall materials that add depth and texture and piers shall frame the storefront.

(iv) Upper facades play an important role in the identity of the street. Distinctive cornices or fascia shall be provided to give a finished appearance to the facade. Upper story windows shall be designed to create rhythm and articulation to walls. (v)

Buildings placed at the street corners should contain special design features such as towers, decorative detailing, or varied roof designs.

-27-

(vi) Buildings shall be articulated to reflect a small-scale street frontage rhythm, with building bay widths of approximately 25-50 feet. Buildings should incorporate significant jogs, offsets, material changes, or other architectural features to reduce the visual length of long walls. (vii) Entries to upper floors shall be clearly distinguishable in form and location from retail entrances. (viii) Ground level retail shall provide large windows to create visual interest and information for shoppers and strollers. (ix) The use of historic design elements and materials such as awnings, porches, gables, windows on streets, and stonework is encouraged. (x)

At least 50 percent of the exterior cladding of all exterior walls fronting, or visible from a public street, (including above grade parking structures) shall be brick construction.

(xi) Only brick, masonry, stucco, and cementitious siding such as Hardie Board or the equivalent may be used as exterior wall materials, excluding trim. Granite, sandstone, or pre-cast concrete may be used as decorative accents in lintels, window sills, or the base of the piers. Metal panels may be used as decorative accents but not as a primary building material. 2.

Windows and doors. (i)

First floor exterior retail walls facing a street or parking plaza should be designed to maximum transparent glazing.

(ii)

All windows and openings shall be trimmed or otherwise treated and be glazed with clear or tinted glass.

-28-

(iii) Windows may be grouped or located near strong architectural elements and shall be proportional to the building massing of the structure. (iv) Reflective glass is not permitted. (v)

Recessed or covered main entry doors should be provided.

(vi) Doors (including garage doors) shall be wood or metal, be painted or stained, and be hinged and constructed of raised panels or planks (not flushed with applied trim) consistent with the construction technique. (vii) Garage doors shall be a minimum width of 9 feet and shall be painted or stained. (viii) Driveway gates should be in-swinging or operate parallel to the street/alley and have a maximum opening width of 12 feet. 3.

Paint/color palette. (i)

Material colors should be appropriate to the architectural style.

(ii)

Brick, stone, and concrete elements should be selected in colors that complement each other and these materials may not be painted.

(iii) The use of bold and highly contrasting geometric paint schemes, banding, and other applied graphics unrelated to the building architecture and uncharacteristic of the building’s surrounding context are prohibited. (iv) The use of highly reflective, polished, or glossy materials should be limited and is inappropriate in most contexts. 4.

Architectural elements. (i)

Towers, where provided, play a civic role. Their positions on private lots shall intersect the centerline axis of the view to which they respond, and may encroach into the front setback if necessary. The tower can be either a minor vista termination (not habitable), such as a chimney, cupola, or entry feature or a habitable tower/space.

(ii)

Security gates should be interior or exterior roll-up or sliding models that are not visible from public right-of-way.

(iii) Awnings, canopies, and marquees should reflect the door and window openings or structural bays of the building. They may have side panels but should not have a bottom soffit panel. Awnings should not be backlit. They should be made of canvas, metal, or Neoprene impregnated fabric. Pseudomansard roofs are not permitted. All awnings should have a minimum clearance of 8 feet and minimum projections of 36 inches.

-29-

(iv) Architectural lighting may be used to articulate the particular building design. Lighting of cornices, plighting and other effects may be used. (m) Office development. For the purpose of this section, the term “office development” includes professional and business offices. The difference in operational requirements and function suggest what form the building and site plan will take and what qualities it will exhibit. Other factors also influence a project’s design, such as whether a building is speculative or owner-occupied, tenanted by single or multiple users, and its setting and adjacencies. These regulations apply to the full range of office development types. Collectively, corporate architectural statements have the potential to homogenize the urban landscape beyond recognition. Projects should acknowledge accumulated knowledge and design customs and traditions of the area. New developments should strive to fit into the design parameters and predominant character already established by the community and region. (1)

Vision. Much of the new development in the Heritage Crossing Redevelopment District will be mixed-use with retail on the ground floor and residential or office uses on the floors above. Rather than stand-alone, single use buildings, office uses should be integrated into mixed use buildings. However, if a single use building is proposed, it should be designed to blend with the surrounding development in attractive buildings and settings.

-30-

(2)

Office site design principles. a. Buildings with ground-level retail and office space should, whenever possible, include open, clear glass windows to allow views into building interiors and to reinforce an active shopping and business environment.

-31-

b. Only brick, masonry, stucco, and cementitious siding such as Hardie Board or the equivalent may be used as exterior wall materials, excluding trim. Granite, sandstone, or pre-cast concrete may be used as decorative accents in lintels, window sills, or the base of the piers. Metal panels may be used as decorative accents but not as a primary building material. c. Front facade may have a minimum transparency of 30 percent. All windows and glass doors may be included in the calculation of transparency. d. The window to wall ratio of a typical multi-story office building should not exceed 50:50 and should not be less that 30:70. e. Front facades shall be designed to include architectural relief a minimum of every 30 feet. These may include, but are not limited to, changes in depth, columns or posts, windows, doors, or changes in material. f. All other sides shall also reflect consistent architectural detail and character. g. Roof shape, pitch, material, and colors shall be harmonious with existing building and overall building design. h. The use of covered walkways, trellises, arcades, and similar architectural shading features is encouraged where pedestrian use will be heaviest (i.e., building entries and portecochere). i. Building projections should be pedestrian-scale, proportional to the building facade, and relate to adjacent structures. Building projections that obscure or conceal important architectural elements are discouraged. (3)

Office development requirements. a. Area and height requirements. 1.

Lot area: 4,500 square feet minimum.

2.

Setbacks: (i)

For each project, the developer will identify which lot line or lot lines are front facades.

(ii)

The build-to-line for primary structures, walls, and fences on front facades shall be the property line. Up to 33 percent of the building frontage on front facades may vary from this build-to-line. There shall be no build-toline/setbacks for temporary buildings, structures, or tents erected for special events.

-32-

(iii) Building separation. Primary buildings and parking structures shall not be located closer than 20 feet from an adjacent building or structure except where a fire wall meeting local code requirements is provided. (iv) Floor area ratio = 2.8:1. 3.

Lot coverage: (i)

Maximum lot coverage for office only or with residential above shall be 80 percent.

(ii)

The area of a porch or arcade fronting a public street is not included.

(iii) The area of an above-grade parking structure is included. 4.

Building height. Mixed-use buildings with office on the first level and office/residential above or office only buildings shall be allowed with the following heights. (These heights intend to allow a high ceiling height in the first floor office use.) (i)

Office floor to floor height– 20 foot maximum

(ii)

2-Story building height – 51 foot maximum

(iii) 3-Story building height – 63 foot maximum (iv) 4-Story building height – 75 foot maximum (v)

5-Story building height – 87 foot maximum

(vi) 6-Story building height – 99 foot maximum

-33-

5.

Office facade. (i)

Walls. (a)

The traditional means of diminishing a building’s perceived mass is by dividing it into horizontal segments that relate to the base, middle, and top of the structure. Most any structure will fit this model though other ways of breaking up the mass of a building are acceptable if effective. Design approaches that attempt to exaggerate the mass of a building or intend a monolithic appearance are discouraged in most cases.

(b)

Buildings shall reduce their apparent bulk by dividing themselves into smaller distinct volumes or masses. As a general rule, a building shall exhibit three or more smaller intersecting masses.

(c) All sides of a building shall reference consistent architectural detail and character. All side walls and screen walls shall be architecturally integrated with the building or master planned area.

-34-

(ii)

Windows. (a)

Glazing provides interest for the pedestrian, connects the building exterior and interior, puts eyes on the street, promotes reusability, and provides a human-scale element on building facades. Projects subject to this section should meet the following minimum glazing requirements, but glazing should not be limited to the areas discussed.

(b)

On the front facade, at least 40 percent of the wall area that is between 2 and 10 feet above grade shall consist of glazing. The second floor shall provide a minimum of 25 percent glazing between 3 and 8 feet, as measured from that story’s finished floor level.

(c) On all other publicly visible facades, at least 25 percent of the wall area between two and ten feet above grade shall consist of glazing. This requirement does not apply if the building code prohibits windows on such facades.

-35-

(iii) Doors. (a)

Recessed or covered main entry doors should be provided.

(b)

Doors should be hinged. Doors, except garage doors, should be constructed of planks or raised panels (not flushed with applied trim) which express the construction technique.

(c)

Garage doors shall be a minimum width of 9 feet and shall be painted or stained.

(d)

Driveway gates should be in-swinging or operate parallel to the street/alley and have a maximum opening width of 12 feet.

(e)

Security doors and window grills may be approved by the planning and inspections director during the construction document submission.

(iv) Paint/color palette. (a)

Changes in paint color, building material, and/or texture should occur with a horizontal change in wall plane or in association with a strongly pronounced scoring, expansion joint, reveal, or other similar wall detail change. -36-

(v)

(b)

The use of bold and highly contrasting geometric paint schemes, banding, and other applied graphics unrelated to the building architecture and uncharacteristic of the building’s surrounding context are prohibited.

(c)

The use of highly reflective, polished, or glossy materials should be limited and is inappropriate in most contexts.

Architectural elements. (a)

Awning. For reasons of durability, function, and appearance over the life of a building, awnings (and similar shading element) composed of metal or other rigid architectural material are preferred over cloth/fabric materials. Should fabric awnings be used, the material should have a high UV rating. Awning designs that are composed of highly contrasting colors and that are translucent and illuminated from within are generally discouraged.

(b)

Porte-cocheres provide a sense of scale to the facade of a building and catches breezes in the warmer months. They connect a building to its context by orienting the entrance to the street. The various components of porte-cocheres, including roof, columns, railings, and steps, provide scale and detail to historic buildings similar to those elements at porches.

(c)

Paseos provide public access, reduce the scale of larger development parcels, and reinforce pedestrian connections in the city. Paseos should be strategically located at regular intervals to create pleasant and inviting passageways that provide utility and connect areas of pedestrian activity. Paseos should serve the dual purpose of accommodating the natural flow of pedestrian traffic and as destinations, offering such amenities as outdoor dining and sitting areas supported by vistas, tables for board and card games, sun and shade, landscape, sculpture, and fountains.

-37-

(d)

Private courtyards and plazas may be incorporated into the design as open spaces.

(n)

Multifamily development.

(1)

Vision. Much of the new development in the Heritage Crossing Redevelopment District will be mixed-use with retail or office on the ground floor and residential and/or office uses on the floors above. Rather than stand-alone, single use buildings, multifamily uses should be integrated into mixed-use buildings. However, if a single use building is proposed, it should be designed to blend with the surrounding development in attractive buildings and settings.

-38-

(2)

Multifamily site design principles. a. These design principles apply to all new multifamily residential development. The plan contemplates 3 to 6 story mixed-use buildings with retail on the first level and residential on the upper floors, and 4-story purely residential buildings with surface/garage parking.

b. Because of their higher densities, multifamily dwellings or developments tend to generate larger parking areas, bulkier structures, and an overall decrease in private open space. However, well-designed multifamily projects and outdoor spaces can contribute to a visually pleasing environment that supports Irving's local character and promotes social interaction and pride among its residents. Such mixed-use, higher-density buildings attract a critical mass of people and activity and add to the attractiveness of an urban center. They can reduce the number of driving trips for non-work purposes. c. An essential feature of pedestrian-scale streets is on-street parking to create a buffer between traffic and sidewalks, to calm traffic in commercial and residential areas and to provide direct access to the front doors of businesses and residences. The project will attract residents because of its central location, proximity to parks and shopping, its main street design, and mix of uses. d. Site planning is perhaps as important as the buildings themselves. The location and "footprint" of a structure on each individual parcel and the relationship with nearby buildings, open space, and properties are critical to the overall character of any project. The varied physical environment within the City means special attention should be given to the location and spacing of each structure. To maintain visual character, the following visual concepts and guidelines should be followed as closely as possible. e. Appropriate building placement should be used to reduce the perception of bulk, maximize open space, increase pervious areas, and provide community-gathering spaces.

-39-

f. Buildings should be generally oriented parallel to streets with varying setbacks to provide visual interest, varied shadow patterns, and reduce the appearance of bulk. g. New buildings should be designed and oriented to spatially define and activate streets and common open space areas with building entries, storefronts, and pedestrian routes. Commercial storefront uses should face public spaces and street edges. h. Maximum density will not be prescribed in this section, since height limits, floor-area ratio (FAR), parking requirements, and other design standards/guidelines should ensure that new development appropriately fits the context. i. The design and orientation of common open spaces should take advantage of available sunlight and should be sheltered from the noise and traffic of adjacent streets or other incompatible uses. j. Multifamily projects should incorporate pedestrian connections to adjoining residential or commercial areas and other compatible land use facilities. k. These architecture standards are included to ensure that buildings incorporate a minimum level of design. It is not the intent of these regulations to achieve a unified architectural multifamily theme in the City, or to dictate architectural choices in a multifamily development. These regulations are intended to be flexible, and to permit a wide range of architectural themes and choices that incorporate quality design and materials. l. All sides of a multifamily building visible from a public right-of-way (not including an alley) should display a similar level of quality and architectural detailing. The majority of a building’s architectural features and treatments should not be restricted to a single facade. Building details, including roof forms, windows, doors, trim, and siding materials, should reflect the architectural style of the building. m. Architectural elements such as bays, bay windows, recessed or projecting balconies, verandas, balconies, porches and other elements that add visual interest, scale, and character to the neighborhood are encouraged.

-40-

n. Especially important is the ground-floor design of buildings and its interaction with adjacent public streets, sidewalks, and open spaces. The ground-floor is the portion of a building that, if designed well, can create high-quality visual interest and a human scale that pedestrians find comforting, inviting, and safe. Key elements that contribute to such a pedestrian environment include first-floor openings (doors and windows), emphasized customer/user entrances, materials, targeted landscaping, and continuity of the front building line along a block to heighten the sense of enclosure.

o. Clubhouses, recreational buildings, and other support buildings should match the architectural style of the building. p. Trash enclosures should be constructed of concrete masonry units finished similar to buildings in the project. All trash enclosures should have opaque metal gates that are designed consistent with the project. Small trash containers should be placed in inside courtyards, pool areas, and other community spaces. q. Grouped mail boxes should be located in enclosures to provide shade and weather protection. Mailbox enclosures should be located convenient to short-term parking and meet federal accessibility standards. r. No mechanical equipment (air-conditioning, heating units, etc.) should be mounted on, or attached to any roof. Mechanical devices such as exhaust fans, vents, and pipes should be painted to match adjacent roof surfaces. Ground-mounted air conditioning units should be located behind side yard privacy return walls. s. Solar panels, if provided, should be mounted directly to the sloped roof plane and be integral to the roof design. Roof-mounted solar panel equipment should be similar to the roof color and appearance and have a reflective value of less than 20 percent. Noncamouflaged solar panel equipment should be located behind a parapet.

-41-

(3)

Multifamily development requirements. a. Area, height and density requirements. 1.

Maximum lot coverage for each use shall be: (i)

3- to 5-story apartments (non-mixed use): 65 percent.

(ii)

Residential over retail (mixed-use): 75 percent.

(iii) The area of a porch or arcade fronting a public street is not included in the calculation of the lot coverage. (iv) The area of an above-grade parking structure is included in the calculations of lot coverage. 2.

Mixed-use buildings with retail in the first level and residential above or purely residential buildings shall be allowed the following heights. These heights intend to allow a high ceiling height in the first floor retail use. (i)

Retail ceiling height – 20 foot maximum

(ii)

2-Story building height – 40 foot maximum

(iii) 3-Story building height – 63 foot maximum (iv) 4-Story building height – 75 foot maximum (v)

5-Story building height – 87 foot maximum

(vi) 6-Story building height – 99 foot maximum 3.

Minimum density: 30 units per acre.

b. Multifamily facade requirements. 1.

Walls (i)

The traditional means of diminishing a building’s perceived mass is by dividing it into horizontal segments that relate to the base, middle, and top of the structure. Most any structure will fit this model though other ways of breaking up the mass of a building are acceptable if effective. Design approaches that attempt to exaggerate the mass of a building or intend a monolithic appearance are discouraged in most cases.

-42-

(ii)

Long stretches of unarticulated wall are not permitted. Projections, recesses, and reveals with a minimum change of plane of 12 inches should be provided at regular intervals along the building frontage. Human scale detailing such as reveals, belt courses, recessed windows or doors, color or textural differences, or strongly expressed mullions are also encouraged.

(iii) Buildings shall reduce their apparent bulk by dividing themselves into smaller distinct volumes or masses. As a general rule, a building shall exhibit three or more smaller intersecting masses.

2.

Windows. (i)

A minimum of 35 percent of the total wall area of each street-facing ground floor building facade shall be comprised of pedestrian entrances (doors), windows, and/or vehicle entry drives.

(ii)

Windows should be architecturally compatible with the style, materials, colors, and details of the building. Windows should be vertically proportioned or square. To the extent possible, upper story windows should be vertically aligned with the location of windows and the doors on the ground level, including storefront display windows.

-43-

3.

Doors. (i)

All building entrances should be emphasized through incorporation of a building recess, projection, canopy, or similar design element.

(ii)

Buildings should be designed with at least one pedestrian entrance facing a perimeter or internal street, or a pedestrian walkway connected to a public sidewalk. When a building has frontage on more than one street, it should have an entrance on each frontage or at the corner of the building.

(iii) The building’s primary facade and entrance should face the primary abutting access street or an adjacent public plaza, park, or on-site amenity. (iv) Covered porches and non-habitable entry features may project 6 feet into setbacks (other than front facade, zero-setbacks). (v)

Building stairs less than 42 inches in height may project up to 10 feet into a front yard.

-44-

4.

Roofs. (i)

Roof-lines should be segmented and varied within an overall horizontal context. Varying heights are encouraged.

(ii)

Use of vertical elements such as towers may be used to break up horizontal massing and provide visual interest.

(iii) Hipped or gabled roofs covering the entire building are preferable to mansard roofs and segments of pitched roofs applied at the building’s edge. (iv) Roofs should reflect a residential appearance through pitch and use of materials. (v)

Roof pitch for a porch may be slightly lower than that of the main building.

(vi) Parapets and flat roofs are also allowed. 5.

Building materials. (i)

Brick, masonry, or stucco are required materials for all exterior walls. Cementitious siding such as Hardie Board or the equivalent may be used as an accent material.

(ii)

Building materials should be durable, require low maintenance, and relate a sense of quality and permanence. Frequent changes in materials should be avoided.

(iii) Textures, colors, and materials should unify the building and its elements.

-45-

(iv) Exterior columns for trellises, porches, or colonnades should utilize materials and colors that are compatible with the adjacent building. (v)

Distinctive architectural elements, materials, and colors should be used to denote primary building entries or individual unit entries.

(vi) Materials tend to appear substantial and integral to the structure when material changes occur at changes in plane. (vii) Exterior materials and architectural details should compliment each other and should be stylistically consistent. (viii) Exposed gutters and downspouts should be colored to match fascia or wall materials, unless designed as an outstanding architectural feature of the overall theme.

6.

Parking (i)

Parking structures are encouraged to reduce the amount of lot coverage dedicated to parking. In order to ensure that parking structures enhance the overall appearance of the project, parking structures should be decorative in nature. Flat or unarticulated walls are prohibited; rather, parking structures should be similar in appearance, design, and scale to adjacent buildings. The ground floor of parking structures that are adjacent to a street should be designed to incorporate usable spaces, such as retail or residential.

-46-

(ii)

Parking garages that are visible to the public streets should use some of the following solutions to integrate the garage into the building design. (a)

Facade articulation and modulation through changes in vertical wall plane and/or a change in building material;

(b)

Use of real windows with glazing that may be translucent, but should not include black or mirrored glass or similar opaque glazing;

(c)

Use of false windows defined by frames, lintels, or sills;

(d)

Integration of multiple building entrances;

(e)

Buffering of the street edge with landscaping, berms, or landscaped builtin or movable planters; or

(f)

Similar architectural detailing consistent with the intent to maintain an attractive and safe streetscape for pedestrians.

(iii) Carports and private garages should be limited to 72 feet in length. (iv) Carports should be permitted only for multifamily use and are not permitted for single-family uses.

-47-

(v)

Detached garages and carports should incorporate compatible materials, scale, colors, architectural details, and roof slopes similar to those of the primary multifamily buildings.

(vi) Parking areas should be located in the development’s interior and not along the street frontage wherever possible. Driveway openings along street frontages should be minimized. 7.

Provisions for future retail use. Many of the residential buildings in the Heritage Crossing Redevelopment District are intended to have retail on the first floor of the building. During the initial phases of redevelopment, if there is not enough residential activity to support the businesses, projects can convert first floor retail to residential use. However, provision should be made for future reversion to retail use. For this purpose, the first floor units should have a height of 15’-0” minimum.

-48-

8.

Architectural elements. (i)

Awnings. For reasons of durability, function and appearance over the life of a building, awnings (and similar shading element) composed of metal or other rigid architectural material are preferred over cloth/fabric materials. Should fabric awnings be used, the material shall have a high UV rating. Awning designs that are composed of highly contrasting colors and that are translucent and illuminated from within are prohibited.

-49-

(ii)

Chimneys. Units with an exposed chimney from a fireplace shall be clad in brick, stucco, stone, or clapboard.

(iii) Plazas incorporating seating areas and other amenities shall be provided. Plazas shall have a minimum dimension (width or depth) of 10 feet and a minimum area of 300 feet, and shall be surfaced with pavers or textured concrete. (iv) Porches, balconies, and terraces in multifamily dwellings enhance safety in the public realm by providing “eyes on the street.” Balconies may project up to 5 feet into any yard that faces a street. (v)

Towers may be either a minor vista termination (not habitable), such as a chimney, cupola or entry feature or a habitable tower/space.

(vi) An archway or gate located along the sidewalk can provide a dramatic point of entry to courtyard apartment properties while also serving to better separate the public and private realms and offer additional security.

-50-

9.

Sidewalks and driveways. (i)

Access provisions in compliance with accessibility and ADA laws should be incorporated into the site’s overall pedestrian circulation system.

(ii)

Sidewalk materials should be either concrete or brick.

(iii) Curb ramps should be designed to minimize the grade, cross-slope, and changes in level experienced by users. The slope of a curb ramp should not exceed 8.33 percent, and the cross-slope should not exceed 2 percent.

(iv) Entry drives should have an adjacent pedestrian entry path. Additionally, where appropriate, developments should provide safe pedestrian connections to adjoining neighborhoods, commercial projects, and other compatible land uses. (v)

Ground cover, trees, or shrubs on properties or setbacks adjacent to the sidewalk should be pruned. Overgrown vegetation can encroach onto the walkway and pose obstacles, inhibiting pedestrian access.

-51-

10.

Open space. (i)

The arrangement of open space should be appropriate in its design and function. The common open space should be centrally and conveniently oriented to the residential units and should be in one large area in order to provide ample space for required amenities. Private open space should be designed as an extension of the indoor living area, providing an area that is useable and has some degree of privacy.

(ii)

Amenities for the common open space area should be provided for the active and passive use by the tenants, and should reflect the scale of the project. Some of these amenities may include: (a)

Recreation building for indoor activities.

(b)

Barbecue areas with seating.

(c)

Children's playground with equipment and/or paved area with bench seating.

(d)

Swimming pool and/or whirlpool spa with sundeck area.

(e)

Gazebos/patio cover.

(f)

Grass areas of sufficient size to support recreational activities.

(g)

Interior courtyards should feature special pavement treatments and focal points such as fire-pits, sculptures, pools, and spas. Pots and potted plants should be abundant in these areas. When possible, planters and tree wells will be provided. These areas may also include shade structures, accent lighting, and site furniture that reinforce the individual themes of each courtyard.

-52-

(o)

Administration.

(1)

Modifications to the minimum standards established by this Section 52-32h may be accomplished through: a. The planning and inspections director may approve minor variations from these design standards in specific instances as long as they meet the spirit and intent of the design standards. Criteria for approval of minor variations include, but are not limited to, (1) compatibility with surrounding development, (2) compliance with all other requirements of the approved zoning of the property, (3) that the variations is an enhancement beyond the minimum design standards, (4) architectural design and creativity, and (5) the provision of other enhancements such as landscaping, signs, screening, paving, and tree preservation beyond these minimum standards. b. S-P-1 or S-P-2 zoning. Requests for S-P-1 or S-P-2 zoning shall be processed the same as any other zoning request, and shall not be required to obtain a recommendation from the preservation and redevelopment board.

(2)

Building permit applications for projects that comply with the approved zoning and the design standards established by this Section 52-32h may be issued by the planning and inspections director without the need for any other public hearing or site plan approval.

(p)

Applicability.

(1)

The standards established by this Section 52-32h shall apply to all newly constructed retail (including restaurants), office, and multifamily structures within the boundaries of the Heritage Crossing Redevelopment District. If an existing retail, office, or multifamily structure is expanded by 51 percent or more of its first floor area, 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 51 percent of the current value of the structure as established by the most current value established by the Appraisal District, the entire structure shall be brought into compliance with the standards established by this Section 52-32h.

-53-

(2)

All other structures within the boundaries of the Heritage Crossing Redevelopment District not utilized for retail, office, or multifamily uses shall be governed by all other applicable ordinances of the City, including, but not limited to, Section 52-32f. Downtown Development District, Section 52-35a. Landscaping and Tree Preservation, and Section 52-35c. Commercial Design Standards.

(q)

Glossary. As used in these sections, the following words have the prescribed meaning:

Accessory building. In a residence or apartment building, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes and not rented or containing servants’ quarters, a washroom, a domestic storage, or space for 1 or 2 automobiles. In any other district, a subordinate building, the use of which is incidental to, and used only in conjunction with, the main building. Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon. Apartment. A room, or suite of rooms, in an apartment house arranged, designed, or occupied as the residence by a single-family, individual, or group of individuals. Basement. The portion of a building between floor and ceiling that is partly below and partly above grade, but also located such that the vertical distance from grade to the floor below is more than the vertical distance from grade to the ceiling. Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. Block. An area within the city enclosed by streets, and occupied by, or intended for, buildings. Building. Any structure or building for the support, shelter, and enclosure of persons, animals, or movable property of any kind. Building line. A line measured from, and parallel to, the street line with which the facade shall be coextensive if the building faces the street. Business. Includes retail, commercial, and manufacturing uses and districts as herein defined. City. The City of Irving, Texas. Carport. An open-sided car shelter. It shall be grouped in rows of 6 to 10 spaces maximum. Depth of rear yard. The mean horizontal distance between the rear line of a building (other than accessory building) and the rear lot line. Decorative paving. Paving made up of solid, precise, modular units, stamped concrete, seeded concrete, colored concrete, or a combination of the above.

-54-

Development. The erection, alteration, or extension of any building or part thereof, or the change of use or occupancy of any building or land for which a building permit or certificate of occupancy is required under city ordinance or the project involving such activity. Dwelling unit. A building or portion of a building that is arranged, occupied, or intended to be occupied as living quarters. Floor area ratio. The ratio of total square footage of buildings, to the total square footage of the site. Front yard. An open, unoccupied space on a lot facing a street on which the structure shall face and extending across the front of the lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of the usual steps or eave overhang. Gross floor area. The gross floor area of an apartment house measured by taking the outside dimensions of the apartment building at each floor level, excluding the floor area of basements and attics not used for residential purposes. Gross leasable area. The total floor area of a building that is designed for tenant use, including basements and mezzanines and measured to centerlines of joint partitions and to outside of exterior walls, excluding mechanical equipment, storage, restrooms, stairwells, elevator shafts, and other common areas. Height. The height of a building, or portion of a building, shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or, if no street grade has been established, to the deck line if mansard roofs; and the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, elevator bulkheads, tanks, radio and TV towers, ornamental cupolas, domes and parapet walls not exceeding 4 feet in height. Landscape buffer. A combination of physical space or vertical elements such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other. Landscaped area. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and non-living landscape material (such as rocks, sand, pebbles, mulch, walls, fences, or decorative paving materials). Lot. Land occupied, or to be occupied, by a building and its accessory building, and including such open spaces as are required under this Section 52-32h, and having its principle frontage on a public street or officially approved place, which lot shall consist of at least 75 percent of land on which a structure or building may be built under the applicable provisions of the City zoning ordinance except for front, side, and rear yard requirements.

-55-

Lot coverage. The area of a lot covered by buildings, roofed areas, or parking structures, determined by dividing that area of the lot occupied or covered by the total horizontal projected surface of all buildings and parking structures by the useable area of the lot. Lot line. The lines bounding a lot as defined herein. Masonry construction. In the residential districts, the term includes wood framing with brick or stone veneer. Mixed use (with non-residential). A building containing more than one authorized use other than residential uses. Mixed use (with residential). A building containing more than one authorized use with nonresidential uses limited to the ground floor. Multifamily. Any building, or portion thereof, that is designed, built, rented, leased, or owned by 5 or more occupants/families, living independently of each other, and maintaining separate cooking facilities. Non-conforming uses. A building, structure, or use of land lawfully occupied at the time of the effective date of this Section 52-32h and which does not conform to the use regulations of the district in which it is situated. Non-permeable. Any surface lacking the ability for air and water to pass through to the root zone of plants. Open space. Area included in any side, rear, or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornice, eaves, and porches. Office. Any building, or portion thereof, wherein the primary use is the conduct of business, professional services, administration, research, or use by sales/manufacturer’s representatives. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods, or products, or the sale and/or delivery of any materials, goods, or products that are physically located on the property. Parking spaces. An area of not less than 162 square feet (measuring approximately 9 by 18 feet), not on a public street or alley, surfaced with an all-weather surfaced drive-way connecting the parking space with a street or alley permitting free ingress and egress. In any single-family dwelling, duplex, or apartment district, the parking of trucks or buses for commercial purposes shall not be permitted. Headin parking adjacent to public thoroughfares wherein the maneuvering is done on a public street, shall not be classified as off-street parking in computing the parking requirements for any use. Porch. Any gallery, veranda, terrace, piazza, portico, or similar projection from the main wall of a building and covered by a roof, other than a carport with no side enclosures (except screens and handrails).

-56-

Private garage. An accessory building, or portion thereof, in which not more than 5 privately owned motor-driven vehicles are stored by occupants of the premises, not more than one of which may be a truck not to exceed 1-1/2 ton capacity. Public garage. A building, or portion thereof, used for repair, care, or servicing of motor-driven vehicles, or where motor-driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers, and vans. Rear yard. The required rear yard is an open space, unoccupied and unobstructed, extending across the rear of a lot from one side lot line to the other side lot line. Restaurant. A place of business whose primary source of revenue is derived from the sale of prepared food to the general public for consumption. The term shall not include bakery, pastry shop, meat market, or ice-cream parlor if on-premises consumption of food is not allowed. Screen. A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements such as plants, berms, fences, walls, or any appropriate combination thereof. Shade tree. Sometimes evergreen, usually deciduous, tree planted for its high crown of foliage or overhead canopy; a large woody perennial having one or more self-supporting stems and numerous branches reaching a mature height of at least 25 feet and a mature spread of at least 20 feet. Side yard. An open, unoccupied space within a lot, situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line. Storefront. The front side of a retail store or building facing a street or a “front facade” as defined by the developer. Street. Any thoroughfare or public driveway, other than an alley, and more than 20 feet in width, that has been dedicated or deeded to the public for public use. Street line. A dividing line between a lot, tract, or parcel of land and a contiguous street. Width of side yard. The mean horizontal distance between a side wall of a building and the side line of the lot. Yard. An open, unoccupied space other than a court, on a lot on which a building is situated and which is unobstructed from the ground to the sky. SECTION 2. That the Heritage Crossing Redevelopment District Overlay is hereby established for the property described in Section 53-32h(b) of Section 52-32h. Heritage Crossing Redevelopment District, and the City Planner is hereby directed to revise the Official Zoning Maps of the City of Irving, Texas, attached to Ordinance No. 1144 to show this overlay district.

-57-

SECTION 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine in an amount not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00). SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication as provided by law. SECTION 5. Should any paragraph, sentence, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal, or unconstitutional, and shall not affect the validity of the comprehensive zoning ordinance as a whole. SECTION 6. That this ordinance shall prevail over any other ordinance which is in conflict with the provisions of this ordinance. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on June 11, 2009.

________________________________ HERBERT A. GEARS MAYOR ATTEST: _______________________________ Janice Carroll, TRMC City Secretary APPROVED AS TO FORM: _______________________________ Charles R. Anderson City Attorney

-58-