Notwithstanding any other ordinance or provision of this article, the city manager or designee is the final approving body for a development plan application; however, the city manager of designee may, for any reason, forward the development plan application for commission approval.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The regulations in this article are adopted by the council for persons intending to develop land located within the corporate limits of the city; and all land outside the corporate limits that the city may annex. The exercise of this supervision is in accordance with the City Charter, as may be amended.

(b)

The purpose of this article is to:

(1)

Provide for the orderly, safe and healthy development of the land within the city;

(2)

Protect and promote the health, safety, morals and general welfare of the city;

(3)

Guide the future growth and development of the city;

(4)

Insure the provision of adequate and efficient transportation, streets, storm drainage, water, wastewater, parks, and open space facilities;

(5)

Establish procedures for development plans and design standards to promote the orderly layout and use of land;

(6)

Ensure that public infrastructure facilities required by city ordinances are available with sufficient capacity to serve the proposed development; and

(7)

Provide the cost of public infrastructure improvements that primarily benefit the proposed development is borne by the property owner.

(Ord. No. 4330, § 4, 2-10-20)

This article shall apply to all land within the corporate limits of the city, all land outside the corporate limits that the city may annex.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The council shall establish, by resolution, filing fees for development plans.

(b)

Fees shall be paid to the city at the time of development plan application submittal. The development services department will not process a development application until the applicable fees have been paid.

(c)

Fees shall be charged regardless of whether the development plans are approved or denied.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The city manager or designee may establish official submittal deadlines, application forms, submittal requirements, development plan requirements and review procedures for development applications.

(b)

Complete development applications submitted after the official submittal deadline shall be processed on the subsequent official submittal deadline.

(c)

The development plans shall not be considered until it has been determined by the city manager or designee that:

(1)

The submittal is complete and in conformance with this article;

(2)

All required plans and/or documents are submitted in a complete format; and

(3)

All required fees, charges, assessments, and taxes established by resolution or ordinance have been paid.

(Ord. No. 4330, § 4, 2-10-20)

(a)

Notwithstanding any other ordinance or provision of this chapter to the contrary, an individual permit shall expire two years after the date of development plan approval by the city manager or designee if no progress has been made towards completion of the project.

(b)

Notwithstanding any other ordinance or provision of this chapter to the contrary, a project shall expire five years after the date of development plan approval by the city manager or designee if no progress has been made towards completion of the project.

(Ord. No. 4330, § 4, 2-10-20)

Where in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the commission, the council may, in specific cases, at a regular meeting of the council, and subject to appropriate conditions and safeguards, authorize variances to the regulations in this article in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship. No written public notice shall be required prior to the granting of the variances provided for in this article.

(Ord. No. 4330, § 4, 2-10-20)

(a)

Building permits shall not be issued where proposed development plans do not conform to this article.

(b)

Any person, firm or corporation violating any of the provisions of this article shall be punished as provided in the general provisions of the Code of Ordinances.

(c)

All property developed under the provisions of this article shall be maintained by the property owner so as to comply with the requirements of this article at all times. Any such person failing to maintain property so as to comply with the requirements of this article shall be punished as provided in the general provisions of the Code of Ordinances.

(d)

Utility connections for individual lots are not authorized until development plans have been approved in accordance with this article.

(e)

No building permit shall be issued for the construction of a building upon any residential lot unless all required public improvements have been constructed and accepted by the city. Notwithstanding the foregoing, the city may, pursuant to administrative policy, issue building permits for residential structures prior to the city's final acceptance of the required public improvements.

(f)

No certificate of occupancy shall be issued for a building nor shall the city accept a residential subdivision without an officially recorded plat and until all required improvements have been completed and accepted by the city. Notwithstanding, the city manager and designee may authorize the occupancy of a structure provided that an agreement providing cash escrow, letter of credit, or other sufficient surety is approved by the city for the completion of all remaining public improvements.

(g)

The city shall withhold improvements of whatsoever nature, including the furnishing of water and sewer facilities and service, from any development that has not been approved and constructed in accordance with this article.

(h)

Any person, firm or corporation who shall violate any of the provisions of this article or who shall fail to comply with any provisions hereof within the corporate boundaries of the city shall be subject to any appropriate action or proceeding by the city to enjoin, correct, abate or restrain the violation of this article including the recovery of damages and civil penalties.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The procedure for processing a development application typically requires three steps by the property owner: mandatory review conference, initial development plan review and development plan application submittal.

(b)

Except as otherwise permitted, the approval of development plans by the city is required prior to the issuance of any permit for the development of any property.

(c)

The approval of a site plan is required for townhome, apartment, nonresidential and mixed uses. A site plan is not required for detached single-family residential and duplex uses.

(d)

The approval of a landscape plan is required for apartment, nonresidential and mixed uses. A parkway and common area landscape plan is required for detached single-family residential, townhome and duplex uses.

(Ord. No. 4330, § 4, 2-10-20)

The development services department shall create and update a document titled "developer's checklist" to assist in the preparation of development plans. This document indicates the sheet format and information that constitute development plans.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The purpose of development plans is to ensure that the proposed development conforms to city regulations and policies.

(b)

Prior to submitting development plans, the applicant and/or property owner must schedule a mandatory review conference with staff. The purpose of this meeting between staff and the applicant and/or property owner is to ensure that the appropriate development plans will be prepared in accordance with city requirements and policies.

(c)

Should staff determine the development plans are in accordance with city requirements and policies, staff will provide the applicant and/or property owner an initial development plan authorization form.

(d)

After receipt of the initial development plan authorization form, applicable development plans and other required documents, development services shall distribute the development plans to the development review committee.

(e)

Should staff determine the development plan application is incomplete, staff shall provide written notification to the applicant and/or property owner.

(f)

Development services will accumulate comments from the development review committee and schedule a meeting with the applicant and/or property owner to discuss the comments. The applicant and/or property owner must make the required corrections in order for the review process to proceed.

(g)

Upon receipt of the revised development plan submittal, staff shall verify that the comments have been addressed. Provided that the comments have been addressed, the applicant and/or property owner may submit a development plan application.

(h)

Approval of development plans shall certify compliance with city regulations.

(i)

The city shall distribute the approved and signed development plans to the appropriate city departments.

(j)

Once the development plans have been approved and distributed, permits may be requested by the applicant and/or property owner.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The city manager or designee does not have the authority to waive requirements contained in the comprehensive zoning ordinance or any other ordinance of the city.

(b)

Development plans must conform to the design standards, applicable zoning and any other applicable regulations of the city.

(c)

All required fees, charges, assessments and taxes established by resolution or ordinance have been paid.

(d)

The city has received executed applications and other applicable documents, including, but not limited to, affidavits, property owners' association covenants and deed restrictions and separate instruments.

(e)

If a zoning change is contemplated for the property, the zoning change must be completed prior to the approval of the development plans for the property.

(f)

Development plans reflecting a condition not in accordance with city requirements shall not be approved until such condition is corrected or all necessary variances have been secured.

(Ord. No. 4330, § 4, 2-10-20)

(a)

A site plan or revised site plan is a detailed, scaled drawing that indicates existing and proposed site improvements.

(b)

The city manager or designee consideration shall include conformance with the comprehensive zoning ordinance, the provision of infrastructure, vehicular and pedestrian circulation, parking, screening, landscape area and any other aspect deemed necessary to consider in the interest of providing the public health, safety, order, convenience, prosperity and general welfare of the community.

(c)

The property owner is responsible for maintaining the property in accordance with the approved site plan or revised site plan.

(Ord. No. 4330, § 4, 2-10-20)

(a)

A landscape plan is a detailed, scaled drawing that indicates existing and proposed landscape area and improvements.

(b)

There shall be permitted fountains, ponds, sculptures, planters, walkways, flagpoles, light standards and decorative screen-type walls as elements of landscaping in areas designated for landscaping. Decorative-type walls, planters and sculptures shall be 30 inches or less in height. The commission shall be authorized to permit heights in excess of 30 inches where such is in the best interest of landscaping and will not, in the commission's opinion, create a problem relative to public health, safety, convenience, prosperity and general welfare.

(c)

Landscape material shall be irrigated by a mechanical underground system with operating rain and freeze sensors.

(d)

The city manager or designee consideration of a landscape plan shall include conformance with the comprehensive zoning ordinance, city policies, adequacy of the proposed landscaping and any other aspect deemed necessary to consider in the interest of providing the public health, safety, order, convenience, prosperity and general welfare of the community.

(e)

Prior to the issuance of a certificate of occupancy or a final building inspection, all approved landscaping must be in place or, if seasonal considerations prohibit the completion of the landscaping, a temporary certificate of occupancy may be issued for such time as is reasonable to complete the landscaping.

(f)

The property owner is responsible for maintaining the landscape in accordance with the approved landscape plan and all irrigation systems shall be maintained and operable.

(g)

Dying plant material, as determined by the city, shall be replaced in accordance with the approved landscape plan.

(Ord. No. 4330, § 4, 2-10-20)

Property that is zoned for residential uses and is developed only as a principal or accessory parking lot, a minimum of ten percent of the property shall be landscaped in accordance with a landscape plan or revised landscape plan approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

(a)

Landscape shall be provided on the same lot, parcel or tract as the building that is being served, and shall be provided in the following ratios:

(1)

For a development having a building or buildings with a total gross square footage of less than 75,000 square feet, a minimum of seven percent of the gross land area is required.

(2)

For lots, parcels or tracts of land having a building or buildings with a total gross square footage of 75,000 square feet or more, a minimum of ten percent of the gross land area is required.

(b)

With respect to landscaping parking areas, a minimum of 20 percent of the required landscaping shall be provided in areas that are internal to the parking areas. In parking lots having only one row of parking, this requirement may be met with perimeter landscaping.

(c)

For purposes of establishing compliance with the minimum area requirements for landscaping, no land within the 100-year floodway, as determined by the most recent FEMA study, shall be counted as fulfilling the minimum landscape area requirements.

(d)

The U.S. 75 amenities planning guidelines shall apply to properties having frontage along U.S. 75, except as otherwise required in an approved PD Planned Development District.

(e)

The President George Bush Highway design guidelines shall apply to properties having frontage along President George Bush Highway, except as otherwise required in an approved PD Planned Development District.

(Ord. No. 4330, § 4, 2-10-20)

The following design standards, as may be amended, are incorporated by reference into this article:

(a)

Master transportation plan;

(b)

Master water distribution plan;

(c)

Master wastewater collection plan;

(d)

Standard specifications for public works construction with City of Richardson Special Provisions;

(e)

Manual for general procedures for the design of water and sewer lines;

(f)

Storm drainage design manual;

(g)

Standard construction details;

(h)

Parking design manual;

(i)

U.S. 75 amenities planning guidelines;

(j)

President George Bush Highway design guidelines.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The master transportation plan approved by the city council and, as amended from time to time, is hereby adopted as the master transportation plan of the city, and all future streets to be platted or developed within the city shall conform to the requirements of such master transportation plan, as amended. The master transportation plan, as amended from time to time by the city council, is made a part of this article the same as if copied in full herein.

(b)

Existing streets shall be continued with the same or greater right-of-way and pavement widths as the existing street being connected where practical, as determined by the development services department.

(c)

Proposed streets shall:

(1)

Align with existing streets in adjacent developments.

(2)

Be named to provide continuity with existing streets.

(3)

Avoid dead ends, except for future extension.

(d)

Block lengths in single-family residential subdivisions shall not exceed 1,000 feet without an intersection with another street. Blocks designed for nonresidential and multifamily uses may be of such length and width as determined suitable and appropriate by city manager or designee for the prospective use. In long blocks, the city manager or designee may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian access.

(e)

No street may be designed as a dead end without the installation of a cul-de-sac having at least a 50-foot right-of-way radius and a 40-foot paved radius. No cul-de-sac street may exceed 500 feet in length as measured along the street centerline from the projected curb intersection to the farthest curb location.

(f)

All paving shall be constructed in accordance with the design standards.

(g)

Where a proposed subdivision abuts an existing substandard street according to city requirements, the developer shall be required to improve the existing street, including sidewalks and storm drainage facilities, to bring the same to city standards, or to replace it with a standard city street, at no cost to the city other than as set out in the cost-sharing policy of the city in effect at the time of approval of the plat. Where the proposed subdivision is located along only one side of such substandard street, and where, in the city's judgment, it is not feasible to improve or replace such substandard street at the time of development of the adjacent subdivision, the city may permit the developer to pay into escrow an amount of money to be calculated by the city equal to the developer's share of the cost of such improvements as a condition precedent to approval of such plat of such subdivision.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The property owner or mandatory property owners' association is required to maintain the parkway area between the property line and the edge of paving along the adjacent thoroughfare.

(b)

Where a parkway occurs between a required screening wall and the curb line of a street, whether such curb line exists or is future, the developer shall landscape such parkway at the time of the development of a subdivision in which such parkway is located. The parkway landscaping shall be in accordance with a plan approved by the city manager or designee.

(c)

When conditions make it impractical to complete such landscaping with the development of a subdivision; an amount may be deposited with the city to cover the cost of such landscaping, including irrigation, retaining walls, etc. The amount of the deposit shall be based on a firm bid from a landscaping firm whose work is acceptable to the city, such bid to be on the approved plans and specifications.

(d)

The landscaping and maintenance of medians are the responsibility of the city; except that cul-de-sac medians shall be landscaped by the developer at the time of the development of a subdivision in which such cul-de-sac is located. The cul-de-sac median landscaping shall be in accordance with a plan approved by the city manager or designee as approved on the plat of a subdivision in which such cul-de-sac is located.

(e)

Median openings shall be designed in accordance with the master transportation plan.

(Ord. No. 4330, § 4, 2-10-20)

(a)

Townhome lots shall be served by means of an alley. Alleys within or abutting a townhome lot may be used for ingress and egress to parking, and service areas, provided a minimum paved alley width of 20 feet is provided from a street to the parking or service area.

(b)

Patio home lots shall have access to an alley with a right-of-way width of not less than 15 feet and a paved width of not less than ten feet. In such instances, a six-foot, 45-degree driveway easement shall be provided along the designated zero property line from the alley right-of-way to the zero property line. As an alternative, an alley with a 20-foot right-of-way and a 15-foot paved section may be provided. In such instances, no driveway easement shall be required.

(c)

Where provided, alleys in all other single-family detached residential and duplex subdivisions shall have a minimum right-of-way width of 15 feet and a paved width of not less than ten feet.

(d)

Where provided, alleys within or abutting an apartment community may be used for ingress and egress to parking, and service areas, provided a minimum paved alley width of 20 feet is provided from a street to the parking or service area while giving consideration to adjacent properties and appropriate screening.

(e)

Where provided, a nonresidential subdivision shall have a minimum alley right-of-way and paving width of 20 feet.

(Ord. No. 4330, § 4, 2-10-20)

(a)

At the time of development, the developer shall construct concrete sidewalks in accordance with the design standards along adjacent streets at no cost to the city.

(b)

Property adjacent to a residential local or residential collector street must provide a minimum four-foot wide sidewalk along the street frontage, within the right-of-way.

(c)

Property adjacent to a nonresidential street must provide a minimum five-foot sidewalk along the street frontage, within the right-of-way.

(d)

Where necessary, the required sidewalk or portions thereof may be located within private property provided that a pedestrian easement is dedicated where the sidewalk is not located within the street right-of-way and is subject to city approval.

(Ord. No. 4330, § 4, 2-10-20)

(a)

For religious institutions in residential districts, all parking areas shall be screened from the view of adjacent single-family residential districts by a masonry wall, not less than six feet in height, or a living screen within a landscape buffer at least eight feet in width, in conjunction with either a wrought-iron or vinyl-coated chain-link fence, or combination thereof.

(b)

In an apartment district and for apartments in areas zoned planned development, all parking and service areas shall be screened from the view of single-family or duplex properties by means of a screening wall not less than six feet in height of clay-fired brick, architectural concrete masonry unit block, stone or other material approved by the city.

(c)

Where single-family lots are permitted to back upon a dedicated or proposed street, a masonry wall, not less than six feet in height, or a living screen within a landscape buffer at least 20 feet in width, or combination thereof shall be provided to screen the residential lots from the street. Wrought iron may be used in combination with the masonry wall or living screen to provide a view to a landscape feature such as a landscaped median, common area or cul-de-sac.

(d)

In the event a nonresidential use backs or sides upon a residential, duplex, or apartment district, a masonry wall, not less than six feet in height, shall be constructed upon the non-residential property. The construction of this screening wall must be completed prior to a building permit being issued for the principal structure on the non-residential property.

(e)

In the event a building in a nonresidential district backs upon a dedicated street, such building shall be separated from the right-of-way by a minimum distance of 20 feet and such building shall be screened by a masonry wall, not less than eight feet in height, or a living screen within a landscape buffer at least eight feet in width, in conjunction with wrought iron, or any combination thereof.

(f)

For nonresidential uses, all ground level equipment, including fans, vents, air conditioning units, cooling towers, fuel tanks and generators, should be screened from the view of streets and adjoining properties by means of a masonry wall or living screen not less than the height of the tallest element of the equipment.

(g)

The required screening shall be constructed in accordance with plans and specifications approved by the city. The city manager or designee shall be responsible for approving the location and aesthetic characteristics of the masonry wall or living screen, to include color, pattern, texture and/or plant material at the time of development plan approval. Said screening shall not obstruct the vision of motorists at alley, street or drive intersections.

(h)

All trash receptacles shall be screened by a minimum six-foot-high masonry enclosure compatible in color with the main structure.

(i)

For nonresidential uses, all roof-mounted equipment, including fans, vents, air conditioning units and cooling towers, should be screened to eliminate the view from the ground level of adjacent properties.

(1)

The screen shall be constructed of materials approved by the building official.

(2)

Roof-mounted equipment should be placed and finished in a manner which minimizes its visibility from overhead views from nearby buildings and elevated thoroughfare sections.

(3)

The overall screening height will be the height of the tallest element of roof-mounted equipment.

(4)

The outside of the screening device should be painted or finished in a similar color to the building facade, trim or roof surface to minimize the visibility of the equipment and screen the view from ground level.

(5)

Roof-mounted equipment and the inside of the screening device should be painted similar to the color of the roof surface in order to minimize the visibility of the equipment and screening device from overhead views.

(j)

Outdoor storage, permitted as an accessory use shall be screened in accordance with the following:

(1)

Outdoor storage shall not be located within required setbacks or in front of any building unless approved by the city manager or designee in conjunction with an approved site plan depicting the type and location of screening.

(2)

All outdoor storage shall be screened from the view of any adjacent public street or adjacent property by a solid masonry wall of not less than six (6) feet in height measured at the highest finished grade. The masonry wall shall be constructed and installed in accordance with the standards prescribed by this section.

(3)

In lieu of a masonry wall, an evergreen, living screen within a landscape buffer may be installed. The species and location of the plant material shall be required to obtain a height of at least six feet and create a solid screen within two years of installation.

(4)

Wrought iron or vinyl-coated chain link fence may be used in combination with an evergreen living screen to meet the requirements of this section.

(5)

A wood or chain link fence, with or without slat inserts, shall not constitute an acceptable screening device to satisfy the requirements of this section.

(6)

Material, equipment or commodities shall be stacked no higher than the height of the screening wall.

(7)

Motor vehicles or trailers shall be permitted to exceed the height of the required screening, provided that no motor vehicle or trailer shall be used for, nor constitute permanent storage.

(8)

The city plan commission may waive the requirements of this section if no public purpose would be served or natural features (i.e. vegetation or topography) exist that sufficiently screen the outdoor storage. A written request to waive the requirements and supporting information must accompany the site plan.

(9)

At the time of adoption of this section, existing outdoor storage as indicated on an approved site plan is not required to comply with the requirements of this section. Should new or an expansion of outdoor storage occur, the entire outdoor storage area must comply with the requirements of this section.

(k)

In a non-residential district or for non-residential and institutional uses in a Planned Development District, where the rear of any buildings in the development abuts on a residential district, open space to include alley right-of-way shall be a minimum of 60 feet.

(l)

In a non-residential district or non-residential and institutional uses in Planned Development District where the side of the building in the development abuts on a residential district, open space to include alley right-of-way shall be a minimum of 46 feet.

(m)

All other conditions requiring open space shall be those specified in the Comprehensive Zoning Ordinance and any amendments thereto pertinent to the subject site.

(n)

In a non-residential district or for non-residential and institutional uses in a Planned Development District, no loading dock or loading area served by means of a mechanical lift shall be located closer than 100 feet from any residential property. Such loading dock or loading area shall be screened for a minimum distance of 100 feet in each direction along the common property line or alley right-of-way, by means of a living screen in addition to the required masonry wall. The design of the living screen shall be identified on the approved development plans.

(Ord. No. 4330, § 4, 2-10-20)

Design and construction of storm sewer systems shall be in accordance with the design standards as approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

(a)

All public water main lines must comply with the master water distribution plan and as approved by the city manager or designee.

(b)

All public sewer main lines must comply with the master wastewater collection plan and as approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

The property owner shall show easements required to serve the development as approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

(a)

The standards set forth in the parking design manual shall serve as a guide to the city manager or designee in approving access for nonresidential districts.

(b)

Insofar as possible, major driveway access for nonresidential districts on the opposite side of a street shall be aligned with each other.

(Ord. No. 4330, § 4, 2-10-20)

(a)

Refer to the developer's checklist for appropriate design standards.

(b)

Alternate designs or methods from the requirements of this section only, shall require approval by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

Trash receptacles for nonresidential and apartment uses shall meet the following criteria:

(a)

A concrete pad in accordance with standard details shall be provided for each trash receptacle.

(b)

All trash receptacles shall be oriented perpendicular to the principal means of access to such receptacle and located in such a manner as to provide a minimum turning radius of 40 feet for the collection vehicle.

(c)

Any trash receptacle not perpendicular to the principal means of access to such receptacle shall be oriented at a 30-degree angle from the fire lane, alley or other means of access.

(d)

Alternative design standards may be approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

When amenities are proposed as a part of a subdivision which will be owned and maintained by property owners in common or through an association of property owners, or where the amenities are to be dedicated to the city and are to be maintained publicly or privately through agreement with the city, the city may require plans and illustration of the proposed amenities which shall conform to the applicable city guidelines and require approved by the city manager or designee.

(Ord. No. 4330, § 4, 2-10-20)

When a subdivision contains streets, sewers, sewage treatment facilities, water supply systems, drainage systems or structures, parks, landscaping systems or features, irrigation systems, screening walls, living screens, buffering systems, subdivision entryway features (including monuments or other signage), or other physical facilities or grounds held in common that are not to be maintained by the city, the city may require the establishment and creation of a mandatory property owners' association in accordance with section 21-53 of the Code of Ordinances, as amended, to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of such facilities or grounds.

(Ord. No. 4330, § 4, 2-10-20)