§ 35-310.15. "UD" Urban Development District.

"UD" Generally.

STATEMENT OF PURPOSE

The Urban Development "UD" district is established to encourage the development of a land use pattern that encourages compact neighborhoods and centralized commercial areas that promote a sense of community and are pedestrian and transit friendly. The intent is to minimize traffic congestion and environmental degradation while improving the quality of life and promoting the health, safety and welfare of neighborhood communities.

The "UD" district implements the following master plan policies:

•  Growth Management Policy 1b: Distribute land uses to meet the physical, social, cultural, economic, and energy needs of present and future populations.

•  Urban Design Policy 1a: Based on a comprehensive land use plan, encourage more intense development in and near neighborhood centers with less intensive development between neighborhood centers, and implement these changes through zoning.

•  Urban Design Policy 1c: Encourage patterns of urban development that provide a full range of housing choices and promote a sense of community, urban vitality and efficient provision of infrastructure.

•  Urban Design Policy 1e: Apply strategies, which will result in all existing and new streetscapes being accessible, safe, and stimulating.

•  Urban Design Policy 3b: Plan and develop a citywide system of linear parks and hike and bike trails which incorporate drainageways and open spaces which link parks, schools, institution, and neighborhoods.

•  Urban Design Policy 4c: Create streetscapes, which emphasize both pedestrians and vehicles.

•  Urban Design Policy 5i: Develop a safe and convenient pedestrian travel network with sidewalks, walkways, and trails integrated into the transportation system and neighborhood centers.

The "UD" district standards are based on the following principles:

•  Well planned neighborhoods have identifiable centers and edges.

•  Shopping, recreation and basic neighborhood services are accessible by non-vehicular means in the neighborhoods.

•  Each neighborhood shall provide a mixed-use neighborhood center within one-half (½) mile of the majority of the dwelling units.

•  Land use and housing types are mixed and in close proximity to one another, utilizing urban design to facilitate the compatibility of different uses.

•  Street, block, and building placement patterns encourage pedestrian activity.

•  Streets are interconnected, forming a network.

•  Civic spaces and buildings are located on prominent sites.

•  Parks are evenly distributed throughout neighborhoods - within one-fourth (¼) mile from the majority of dwelling units.

•  Schools are located within a ten-minute walk or one-half (½) mile from a majority of the dwelling units in a neighborhood.

•  Residential development shall be connected to adjacent developments and thoroughfares in as many locations as possible.

•  A network of interconnecting tree-lined streets should be developed to create several alternative routes through and between neighborhoods and commercial/employment districts.

•  On-street parking and structured parking is encouraged in commercial areas.

•  Lakes, ponds, creeks, wetlands and other natural features should be retained in the design and development process.

•  Significant natural amenities should be fronted by streets or paths rather than privatized in rear yards for at least thirty (30) percent of their length or circumference.

•  Street vistas should terminate with views of a primary building or a natural feature.

•  A continuous pedestrian system should be provided throughout any development.

(a)

"UD" Uses and Conditions.

Applicability. No building permit for new construction shall be issued unless the application is accompanied by an approved flex district site plan. The flex district site plan shall be submitted prior to, or in conjunction with, an application for a building permit for new construction. The site plan shall include all property within the boundaries of the overall development project or the development project phase in which the property that is the subject of the building permit application is located and shall be submitted to the planning and community development director for review. The director shall review the submitted flex district site plan for compliance with the flex district standards and issue or deny a certificate of compliance to the applicant within ten (10) working days. An approved flex district site plan shall be submitted with all subsequent building permit applications for all property included in the flex district site plan. The flex district site plan shall contain the following information:

A.

Use: location, acreage, notation of restrictions based on use-type.

B.

Circulation: Street type and location must be indicated. Typical right-of-way and pavement cross-sections must be provided that indicate travel lane width, bike lane, and on-street parking within pavement width, and vegetation and sidewalk widths within remaining right-of-way. Approximate parking locations and pedestrian walkways to commercial buildings must be indicated.

C.

Block lengths must be indicated on plan.

D.

Vegetative buffers and building setbacks shall be indicated or notated on plan.

E.

Housing mix pursuant to subsection 35-310.15(a)(1)A.

F.

Indicate housing units that will have front porches pursuant to subsection 35-310.15(a)(1)E.

G.

Conservation easements.

The urban development district "UD" is a mixed-use district that allows for development under the dimensional standards indicated in section 35-310, Table 310-1, unless stated otherwise in this section.

All permitted and specifically permitted uses for "UD" districts are enumerated in section 35-310, Table 311-1a, Residential Use Matrix and Table 311-2a, Nonresidential Use Matrix.

(1)

Single-Family Project Over Five (5) Acres Residential Uses.

A.

Housing Mix Requirement. Residential development projects in excess of five (5) acres shall be required to include at least three (3) housing types from the list of residential types [table 209-5b], with each housing type comprising at least five (5) percent of the total residential units included in each development project or development project phase if there are multiple phases.

B.

Parking courts, carports, and garages shall extend no closer to the front lot line than the street wall facade of the habitable portion of the dwelling. Doors for front-entry garages on the street facade shall be integrated into the design of the structure.

C.

Residential Driveways.

1.

In the "UD" zoning district, residential driveways shall be no wider than eighteen (18) feet.

2.

For residential projects built under the universal design ordinance in the UD zoning district, residential driveways shall be no wider than twenty (20) feet.

D.

All dwelling units shall have a front entrance articulated by a covered front entry at the front of the house.

E.

At least seventy (70) percent of the single-family housing units along a single block face shall front the street and have front porches of at least eight (8) feet in depth along at least fifty (50) percent of the entire front facade of the house, including the garage width. For single-family housing units with a front-entry double-width garage on lots that are fifty (50) feet wide or less, the porch shall be at least eight (8) feet deep along one hundred (100) percent of the front facade of the house, excluding the garage width.

F. ⁽¹⁾

Single-family residential uses shall be located in a "build-to zone" defined by a minimum front building setback of ten (10) feet and a maximum front building setback of twenty (20) feet.

⁽¹⁾ Exceptions to F. above may be allowed on up to five (5) percent of the lots if site physical constraints cannot be overcome.

(2)

Multi-Family Residential Uses. Multi-family (apartment) units may be built on any "UD" district zoned property with the following limits:

A.

Multi-family units may be constructed along any major thoroughfare on the city's major thoroughfare plan, or main street or boulevard, as defined by this chapter at a density of thirty-three (33) units per acre.

B.

Multi-family units may be constructed along a collector or avenue not to exceed a density of fifteen (15) units per acre.

C.

The front entries of all ground floor multi-family units adjacent to a collector or arterial street shall be oriented toward the street.

(3)

Commercial Uses.

A.

Major Node. Permitted uses, as indicated in the "UD" major node column of Table 311-2a, Nonresidential Use Matrix, shall be located fronting on and within one-quarter (¼) mile of the intersection of the centerlines of any two (2) major thoroughfares (including boulevards, main streets and avenues) or within one-half (½) mile of the intersection of the centerlines of any two (2) major thoroughfares when one or more of these major thoroughfares is an expressway as defined by the city's major thoroughfare plan, Table 506-1 and Table 506-2.

B.

Minor Node. Permitted uses, as indicated in the "UD" minor node column of Table 311-2a, Nonresidential Use Matrix, shall be located fronting on and within one-eighth ( 1/8 ) mile of the intersection of the centerlines of any two (2) collector streets or avenues as defined by the city's major thoroughfare plan, Table 506-1 and Table 506-2. No drive-through uses/windows are allowed. Maximum building size for an individual building shall not exceed six thousand (6,000) square feet.

C.

Civic uses, as defined by this chapter, shall be permitted along any local street, avenue, main street, boulevard, or parkway (or conventional street classification equivalent).

Reference: Section 35-506 Transportation and Street Design: Table 506-1, Conventional, and Table 506-2, Traditional, street classifications.

(b)

"UD" Blocks, Lots, Streets, Sidewalks, Parking and Loading Design. All blocks, lots, streets and sidewalks shall be designed in accordance with article V of this chapter with the following exceptions: (Where the provisions of this section conflict with article V the provisions of this section shall apply.)

(1)

Blocks. All blocks shall have an average length not exceeding six hundred (600) feet and no single block shall exceed a maximum length of eight hundred (800) feet. Block length shall be measured from street right-of-way to street right-of-way, or where applicable, from street right-of-way to an alley or unplatted parcel. Maximum average block length and maximum block length shall not apply to block lengths abutting expressways, as defined by the city's major thoroughfare plan. Civic uses, as defined by this chapter, shall be exempt from the maximum average block length and maximum block length requirements.

(2)

Lots.

A.

All lots shall comply with the dimension provisions of Table 310-1.

B.

Pre-existing lots - The property owner may elect to develop a residential unit on a lot of record existing prior to the adoption of this ordinance on August 28, 2003, under the lot and setback standards referenced in Table 310.15-1, provided that the property is developed in accordance with "Article IV Procedures, Division 4 Subdivisions" of this chapter.

Table 310.15-1
Dimension Alternative for Pre-Existing Lots

Lot Size	Front Setback (min)	Side Setback (min)	Rear Setback (min)	Height (max)
4,000 "R-4"	10	5	20	35 ft./2½ stories
5,000 "R-5"	10	5	20	35 ft./2½ stories
6,000 "R-6"	10	5	20	35 ft./2½ stories
20,000 "R-20"	10	5	30	35 ft./2½ stories
43,560 "RE"	15	5	30	35 ft./2½ stories
10 acres "RP"	15	5	-	35 ft./2½ stories

 

(3)

Streets.

A.

All streets and alleys shall be built to the traditional design classification categories described in subsection 35-506(c) (Table 506-2) and standards in subsection 35-506(d) (Table 506-4).

Reference: Section 35-506 Transportation and Street Design: Tables 506-1, Traditional Street Design and Table 506-2, Conventional Street Design.

B.

No gated streets or developments are allowed.

C.

All streets shall have an internal connectivity ratio of 1.7. The formula for calculating the ratio is found in subsection 35-506(e).

Reference: Subsection 35-506(e) Transportation and Street Design: Connectivity. Current standards require a connectivity of 1.2.

D.

Access points for commercial uses may be no greater than thirty (30) feet in width unless driveway is located at a signalized intersection. Shared driveway approaches between adjacent properties are permitted.

Reference: Subsection 35-506(r) Transportation and Street Design: Access and Driveways.

(4)

Sidewalks and Pedestrian Circulation for Commercial Uses.

A.

At least one (1) direct pedestrian route shall be provided within the parking lot from the building to the furthest edge of the parking lot. The pedestrian route shall be separated from the parking stalls and drive lanes with a combination of landscaping and edging to protect pedestrians from the vehicular traffic flow in the parking lot. Where the pedestrian route crosses drive lanes the pedestrian path shall be clearly striped to warn vehicle drivers of the pedestrian crossing.

B.

Direct access from the public sidewalk shall be provided into buildings, unless the building fronts a plaza, green, or courtyard.

(5)

Parking and Loading.

A.

Minimum parking space provisions shall not apply.

Reference: Section 35-526 Parking and Loading Standards.

B.

No more than fifty (50) percent of the off-street parking area shall be located within the street yard of the front entrance of the building. This requirement shall not apply to flag lots.

C.

Surface parking lots shall be designed to screen parked cars from the public sidewalk and the screening shall be continuous on all public frontages using one (1) or a combination of the following:

1.

Building face,

2.

Low wall (twenty-four inches to forty-eight inches), canopy structure, or fence (no wooden fences) constructed of material similar to the building,

3.

Street furniture, or

4.

Landscaping.

D.

Parking structures shall provide clearly defined pedestrian access and be screened by one (1) or more of the following:

1.

Placement of the parking structure on the interior of the site,

2.

Liner buildings that front the street(s),

3.

Ground floor area, or

4.

A minimum of a Type B bufferyard (see Table 510-2).

Reference: Section 35-510 Landscaping and Section 35-523 Tree Preservation (buffer requirements); Section 35-511 Landscaping and Section 35-523 Tree Preservation (screening and shading).

E.

On-street parking shall be allowed within commercial use areas.

F.

Service/loading areas shall have an articulated screening wall to shield trucking activities from pedestrian areas.

G.

Loading areas and service driveways shall adjoin alleys or parking areas to the rear or the principal building and shall be hidden from streets, parks, squares, and pedestrian spaces.

H.

Bicycle parking shall be provided within fifty (50) feet of the primary building entrance and at least every one hundred fifty (150) feet along the length of the facade in developments with multiple tenants that have separate entrances. Bicycle parking shall be provided through bicycle storage racks. Bicycle parking shall not be located behind any wall, shrubbery, or other visual obstruction.

Reference: Section 35-526 Parking and Loading Standards. Subsection (k) contains reference to current bicycle parking standards.

(c)

"UD" Parks and Open Space.

(1)

Dedication. Park dedication will be at the ratio of one (1) acre per seventy (70) dwelling units. Entities to which the park may be dedicated shall follow the provisions in section 35-503 and shall be subject to review and approval by the director of parks and recreation. A fee in lieu of land dedication may be allowed only for developments of less than seventy (70) dwelling units.

(2)

Parks and playgrounds shall be located within one-quarter (¼) mile of every residence in "UD" districts.

Reference: Section 35-503 Parks and Open Space Standards.

(d)

"UD" Nonresidential Building/Site Design.

(1)

Facades. Windows and clearly marked public entries that allow for visibility into the commercial building from the street shall be provided along at least fifty (50) percent of the length of the first floor street facade calculated as the area between the first floor and the first floor ceiling or to a height of fifteen (15) feet, whichever is less. Automobile service bay openings shall be included with windows and public entries in the calculation of the window/public entry facade requirements.

(2)

Articulation. Buildings shall be articulated so facades which face public streets and exceed forty (40) feet in horizontal length shall include design elements such as:

A.

Texture.

B.

Canopies.

C.

Projections or indentations.

D.

Vertical expression of structural bays.

E.

Roof design.

(3)

Building Orientation. The primary facade of all buildings within thirty-five (35) feet of the right-of-way shall front a public street, unless they front a plaza, green or a courtyard.

(4)

Outside Storage.

A.

Mechanical Equipment. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from view from streets, parks, squares, and pedestrian spaces. Exterior screening materials shall be the same as the predominant exterior materials as the principal building.

B.

Trash Receptacles. Trash receptacles, garbage areas, and storage areas shall be hidden from streets, parks, squares, and pedestrian spaces through strategic placement and shall be screened in accordance with subsection 35-511(c).

(5)

Lighting.

A.

The height of a lamp shall not exceed fifteen (15) feet for all pedestrian walkways.

B.

Flashing lights, rotating lights, and chaser lights are prohibited.

C.

Lighting shall be placed and shielded so as to direct the light on the site, away from adjoining properties, and to not cause glare for motorists.

D.

Outdoor lighting fixtures shall incorporate cutoff features to reduce glare and limit uplight. The mounting height of all outdoor lighting, with the exception of outdoor sports field lighting and outdoor performance area lighting, shall not exceed twenty (20) feet measured from grade at the base.

E.

All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices.) The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.

F.

Building illumination and architectural lighting shall be indirect in character, with no light source visible. Architectural lighting, where used, shall articulate and animate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement. Wall pack fixtures shall be cutoff fixtures.

Reference: Lighting requirements are contained in section 35-526 Parking and Loading Standards. Subsection 35-526(e)(4) states "Facilities shall be arranged so that the source of light is concealed from public view and from adjacent residential properties and does not interfere with traffic."

(e)

Signs. The provisions of chapter 28 of the City Code pertaining to signs and billboards shall apply, provided that in the event of a conflict between the provisions of this section and chapter 28, the provisions of this section shall apply. No provision in this section shall be construed to prohibit a sign master plan agreement as defined by section 28-244 of the City Code.

Reference: Chapter 28 of the City Code contains regulations regarding signs and billboards.

(1)

Signs shall only advertise a service, product or business on the site on which the sign is located.

(2)

Signs shall be designed to be compatible in style and character with the primary structure on the site. Trademark signs are allowed subject to the other provisions of this section.

(3)

No fluorescent colored, reflective surfaces, blinking lights and/or rotating or moving parts shall be permitted on a sign.

(4)

Wall signs. The maximum allowable sign area, as a percentage of the area of each building elevation, for attached signs along all street frontage is contained in Table 310.15-2, provided that each occupancy that has a separate and distinct public entrance located on a collector street shall be allowed a minimum of fifty (50) square feet of sign message area. Each occupancy that has a separate and distinct public entrance located on an arterial Type A or Type B street shall be allowed a minimum of seventy-five (75) square feet of sign message area, and each occupancy that has a separate and distinct public entrance located on an expressway shall be allowed a minimum of one hundred (100) square feet of sign message area.

Table 310.15-2
Maximum Attached Sign Message Area for Nonresidential Uses

Street Type	Maximum Attached Sign Message Area
Avenue or Collector	10%
Arterial Type A and Type B or Boulevard and Main Street
Cabinet sign	10%
Channel letters raised or incised	15%
Painted or flat sign	15%
Expressway or Parkway
Cabinet sign	15%
Channel letters raised or incised	20%
Painted or flat sign	15%

 

(5)

Freestanding Signs. One freestanding monument sign shall be permitted per parcel or platted lot for permitted uses subject to the height and message area limitations contained in Table 310.15-3.

Table 310.15-3
Maximum Freestanding Sign Height and Message Area for Nonresidential Uses

Street Type	Maximum Freestanding Sign Height (ft)	Maximum Freestanding Sign Message Area (SF)
Avenue or Collector
Single Tenant	6	32
Multiple Tenant	8	50
Arterial Type B or Main Street
Single Tenant	6	32
Multiple Tenant	8	50
Arterial Type A or Boulevard
Single Tenant	6	32
Multiple Tenant	8	50
Expressway or Parkway
Single Tenant	35	200
Multiple Tenant	40	250

 

(6)

Externally illuminated signs shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare. Light bulbs or lighting tubes used for illuminating a sign shall not be visible from the public right-of-way.

(7)

Prohibited signs:

A.

Animated, moving, flashing, or rotating signs.

B.

Signs which utilize intermittent or flashing illumination. devices, change light intensity, brightness or color, or are constructed and operated to create an appearance of motion.

C.

Off-premises signs.

D.

Roof signs.

E.

Signs in public rights-of-way.

F.

Pole mounted signs shall not be allowed, except that directional signs not exceeding three (3) feet in height and four (4) square feet in sign area per side are permitted.

(8)

Temporary signs. Banners, pennants, streamers, and balloons one (1) foot in diameter may be used as temporary advertising for a maximum duration of thirty (30) days each six (6) months. Permits in accordance with chapter 28 are required for temporary signs more than fifteen (15) square feet in size.

(f)

"UD" Buffers.

(1)

Buffer requirements for "UD" districts shall be in addition to the requirements set forth in section 35-510 pertaining to buffers.

Reference: Section 35-510 Landscaping and section 35-523 Tree Preservation.

(2)

Any property adjoining a collector, primary or arterial street, or freeway must comply with the minimum vegetative bufferyard requirements set forth below in Table 310.15-4. No fence or wall can be substituted for the vegetative bufferyard requirement. A Type N buffer may be substituted for the bufferyard requirement to encourage the preservation of natural vegetation.

Table 310.15-4
Street Classification and Vegetative Buffers

Adjoining Street Classification*	Minimum Vegetative Bufferyard Requirement	Vegetative Bufferyard Type
Collectors or Avenues ** (UD, RD, and FR districts Exempt)	15 feet from any property line adjoining a collector street	C or Option C or N   Fence, wall, or berm not permitted
Primary and Secondary Arterials, Enhanced Secondary Arterials, Main Streets or Boulevards (UD District Exempt)	25 feet from any property line adjoining a primary or secondary arterial street	D or Option D or N   Fence, wall or berm not required
Freeways, Parkways or Super Arterials	30 feet from any property line adjoining a freeway	E or Option E or N   Fence, wall, or berm not required

 

* As described in Table 506-1, Table 506-2, and the major thoroughfare plan.
** Only applicable to "MI-1" and "MI-2" districts.

Reference: Section 35-506 Transportation and Street Design: Table 506-1, Conventional and Table 506-2, Traditional street classifications.

(3)

Buffer requirements for adjoining uses or zoning districts are set forth below in Table 310.15-5.

Table 310.15-5
Adjoining Use Buffers

Use or Zoning District		Adjoining Use or Zoning District
		SF	MF < or = 15 du	MF > 15 du	C - O < 3,000*	C - O 3,001— 10,000*	C - O 10,001— 45,000*	C - O 45,001— 90,000*	C - O > 90,000*	L, I-1, I-2	MI-1, MI-2
SF		NA	A	B	A	B	C	D	E	F	F
MF < or = 15 du		A	NA	B	A	C	C	C	E	F	F
MF > 15 du		B	B	NA	A	C	C	C	D	F	F
C - O < 3,000*		A	A	A	NA	A	B	B	B	E	E
C - O 3,001—10,000*		B	C	C	A	NA	NA	NA	NA	D	D
C - O 10,001—45,000*		C	C	C	B	NA	NA	NA	NA	C	C
C - O 45,001—90,000*		D	C	C	B	NA	NA	NA	NA	C	C
C - O > 90,000*		E	E	D	B	NA	NA	NA	NA	C	C
L, I-1, I-2		F	F	F	E	D	C	C	C	NA	NA
MI-1		F	F	F	E	D	C	C	C	NA	NA
MI-2		F	F	F	E	D	C	C	C	NA	NA
* Commercial or office aggregate building footprint
Type N or "Option" buffers may be utilized

 

Reference: Section 35-510 Landscaping and section 35-523 Tree Preservation. Table 510-1 lists buffer requirements between zoning districts and adjoining streets.

(g)

"UD" Natural Resource Protection.

(1)

Riparian.

A.

Riparian protection buffer. The purpose of the riparian protection buffer shall be to:

• Protect natural stormwater management provided by rivers, creeks, and wetlands.

• Protect surface water and groundwater quality.

• Protect water-dependent aquatic and terrestrial wildlife corridors.

• Maintain natural vegetation needed to protect the floodplain and provide wildlife habitat.

• Protect wetlands under federal jurisdiction that exist within the floodplain buffer.

• Protect the underlying aquifer.

Reference: Riparian buffers are not currently addressed in the UDC. Whereas the floodplain (section 35-460 and Appendix "F") and the stormwater (section 35-504) regulations protect people and development from the hazards of flooding, the riparian protection buffer is designed to protect the natural function and beauty of the riparian area.

B.

A riparian protection buffer shall be a minimum of one hundred fifty (150) feet from both sides of the centerline of a waterway or the limit of the 100-year floodplain, whichever is greater.

C.

No building shall be placed or excavation shall be conducted within the riparian protection buffer. A single-family residential use is permitted in the riparian protection buffer when a plat is not required by V.T.C.A. Local Government Code Ch. 212 and the existence of the buffer would otherwise prohibit such use on the lot. No riparian protection buffer shall be cleared, graded, filled, or subject to construction provided, however, that rights-of-way for trails, any streets needed to provide access to the property and water, sewer, electric, or cable lines may be cleared. The buffer area may be used for passive recreation or agriculture and ranch uses. The width of rights-of-way for streets or trails in the riparian protection buffer shall be restricted to the minimum as designated in the transportation standards, subsection 35-506 (d).

D.

Drainage channels and watercourses located within a riparian protection buffer, except streets, shall be of earthen construction only. A retention or detention facility may be located within a riparian protection buffer, provided that it is of earthen construction and is screened with vegetative screening. Modifications to existing earthen channels and watercourses or newly created open channels or retention/detention facilities shall be designed with earth and sodded to enhance the rural aesthetic character or habitat value and shall be constructed and maintained in accordance with subsection 35-504(h).

E.

In a riparian protection buffer where ongoing maintenance is required, the drainage easements shall be maintained in accordance with subsection 35-504(d). Native vegetation shall be preserved within all drainage easements except that portion of the channel to be used for stormwater conveyance wherein all vegetation will be removed if it obstructs or retards the desired flow of water. Ground cover plantings to prevent soil erosion must be used to supplement native vegetation. New earthen channels shall be planted with drought resistant, low growth, native species grasses, which will allow unobstructed passage of stormwater, and shall be maintained in accordance with subsection 35-504(h).

F.

A density bonus of one hundred twenty (120) percent of the base zoning density, as prescribed per section 35-360, shall be granted for parcels which contain one (1) or more riparian protection buffers. Water bodies are eligible for a density bonus as follows:

1.

Greater than one-fourth (¼) acre surface area but less than one (1) acre surface area in size at one hundred ten (110) percent.

2.

One (1) acre or more surface area or more at one hundred twenty (120) percent.

To receive the density bonus, the riparian protection buffer must be placed in a dedicated conservation easement in accordance with section 35-203 or dedicated as parks and open space in accordance with subsection 35-503(f). The density bonus shall be calculated on the acreage of the entire parcel in which the riparian buffer resides. The parcel acreage shall be based on an existing legal lot of record at the time this section is effective. Should the parcel be replatted the bonus density shall be calculated on the original parcel acreage, prior to replatting, and recorded on the new plat. Should the lot be subdivided, the bonus density may be distributed among the newly created lots and recorded on the new plats. Under no circumstance may the density bonus exceed one hundred (100) percent of the original calculation.

G.

The floodplain administrator may reduce the required riparian protection buffer area up to fifty (50) percent for:

1.

A single-family residence when a plat is not required by the V.T.C.A. Local Government Code Ch. 212; or

2.

If the applicant demonstrates that the portion of the riparian protection buffer being reduced does not contain significant existing vegetative cover, such as protected native trees or wetlands, and the applicant provides one (1) or more of the following mitigation measures:

3.

Enhanced vegetative cover provided in the remaining buffer area; or

4.

Earthen water breaks, drainage facilities or catch basins, or

5.

Erosion control and slope stabilization.

Reference: Section 35-360 Flexible zoning: Density Bonus. Section 35-203 Conservation Subdivision; Section 35-503 Parks and Open Space Standards.

(h)

"UD" Master Plan Consistency. Application of the "flex" districts shall be consistent with the city council adopted master plan governing the subject area. Within the "flex" district, a landowner may develop any parcel or combination of parcels greater than twenty (20) acres in size as a flexible development plan ("FDP") if such "FDP" complies with the goals and objectives of the city's comprehensive master plan and the development standards and criteria set forth below. The use of an "FDP" under this provision shall be considered in compliance with the adopted master plan and requires only ministerial approval of the flexible development plan (section 35-412) by the planning and community development director if it meets the criteria in Table 310.15-6.

(1)

An "FDP" shall follow one (1) of the following two (2) use patterns.

A.

The TND pattern requires compliance with the provisions of section 35-207 and the additional flex standards in the table below.

B.

The "MXD"D pattern requires a mix of retail, office, service, and residential uses within a maximum radius of one quarter (¼) mile in accordance with subsection 35-341(b) and the standards set forth in the table below. The standards are based on certain provisions taken from the "UD" and "MI-1" flex districts. These standards are to ensure compatibility between uses that are not otherwise allowed and may have more density or intensity than the underlying base zoning.

(2)

An "FDP" shall be approved through the master development plan (MDP) process. An "FDP" submittal shall provide the same information as required for a planned unit development in Appendix "B."

(3)

Flex development plan shall include at least one (1) civic space in the form of a plaza, courtyard, forecourt, or square within the commercial area of the development. The civic space will count toward required park dedication.

Table 310.15-6
Flex Development Plan Option

	Applicable UD Standards	TND Pattern:	Mixed-Use Pattern:
	Uses	All Flex Districts	UD	RD	FR	MI-1 and MI-2
(a)	Residential	Permitted, except no residential uses permitted in MI-1 and MI-2 and no multi-family uses permitted in FR TND standards apply	Residential uses are permitted   UD flex standards apply if residential uses are built	Both single-family and multi-family uses are permitted   Single-family maximum at two (2) dwelling units per acre   Multi-family uses shall not exceed twenty (20) percent of the total acreage at twenty-five (25) dwelling units per acre	Residential density shall not exceed one (1) dwelling unit per five (5) acres   Multi-family uses are not permitted	No single-family or multi-family uses permitted
		Live-work units allowed	Live-work units allowed	Live-work units allowed	Not applicable
(b)	Commercial	TND standards apply	Location: Buildings with footprint > 90,000 are allowed only at intersection of interstate highway and primary arterial (boulevard) or higher classification
			Setback standards apply
(c)	Parks and Open Space	TND standards apply	All UD flex district standards apply			Not applicable. (MI-standards are applicable)
(d)	Building/Site Design	TND standards apply	All UD flex district standards apply
(e)	Signs	All UD flex district standards apply
(f)	Buffers	All UD flex district standards apply, except for uses adjoining collector streets in UD, RD, and FR districts and arterial streets in UD districts	All UD flex district standards apply, except for uses adjoining collector and arterial streets	All UD flex district standards apply except for uses adjoining collector streets.		All UD flex district standards apply
(g)	Resource Protection	All UD flex district standards apply
(h)	Petroleum and Gas	All UD flex district standards apply
(i)	Blocks, Streets, and Parking
	(c)(1) Blocks	TND standards apply	UD flex standards apply	UD flex standards apply for multi-family	Not applicable
	(c)(2) Lots	Lot dimensions are not applicable (developer not choosing to utilize pre-existing lot standards)
	(c)(3) Streets	TND standards apply	UD flex standards apply	UD flex district standards apply except connectivity ratio shall be 1.5 and collectors exempt from traditional street design standards	UD flex district standards apply except exempt from traditional street standards of UDC, and connectivity ratio does not apply
	(c)(4) Sidewalks and Pedestrian Circulation	TND standards apply	All UD flex district standards apply
	(c)(5) Parking and Loading	TND standards apply	All UD flex district standards apply

 

	Applicable MI-1 Standards	TND Pattern:	Mixed-Use Pattern:
	Standards Referenced in MI-1 District	All Flex Districts	UD	RD	FR	MI-1 and MI-2
(a)	(c) (3) Minimum building setback requirements.	Applies to MI-1 district only	Not applicable (industrial uses not allowed)			MI-1 flex standards apply
(b)	(c) (4) Wireless communication transmission tower setback	MI-1 flex standards apply
(c)	Parks and Open Space	Not applicable (industrial uses not allowed)				MI-1 flex standards apply
(d)	(e) Building Design and Articulation	Applies to MI-1 district only	Not applicable (industrial uses not allowed)			MI-1 flex standards apply

 

(i)

"UD" Petroleum and Natural Gas Extraction and Production - (same as "MI-1" district).

(Ord. No. 98091 § 4) (Ord. No. 100126) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2008-04-03-0267, § 2, 4-3-08) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)