It is the intent of this division to establish an overlay district with the name I-35 overlay zoning district, which stipulates certain rules, regulations, and criteria which shall be held in conformity for the aesthetic and quality development for the betterment of the future of the city to attract future residents, business, and industry. The regulations of the general underlying zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this division.

(Ord. No. 091002-1, § 42, 9-10-2002)

The I-35 overlay district shall include all properties located within 300 feet on either side of the I-35 right-of-way.

(Ord. No. 091002-1, § 43, 9-10-2002)

(a)

Exterior walls. In zoning districts MF-1, MF-2, MF-3, OP, C-1, C-2, and LI within the I-35 overlay district, all exterior façades of buildings shall be constructed of high quality masonry materials or tilt-wall construction which may be supplemented with clear or slightly tinted glass. Highly reflective glass is prohibited. To provide design flexibility, wood, fiber reinforced cementitious board, exterior insulation finishing systems (EIFS), insulated architectural metal panels, and rain screen architectural metal panels with no exposed fasteners and corrugated metal with no exposed fasteners may be used only to reinforce a vernacular design theme, provided it does not exceed a cumulative surface area of 15 percent of the area of all exterior walls for a building. Single-ply metal and metal panels with exposed fasteners, T-1-11 and plywood-based siding materials are expressly prohibited. Portable or modular buildings are expressly prohibited, except as a temporary construction office during development.

(b)

Façade articulation. In zoning districts MF-1, MF-2, MF-3, OP, C-1, C-2, and LI within the I-35 overlay district, the front façade of all buildings shall be articulated. Front façade having a single, uninterrupted surface are prohibited. A horizontal offset of 15 percent of the wall's height is required for every horizontal wall length of two times the building's height. The new plane shall be no less than 25 percent of the length of the original plane. A vertical offset of 15 percent of the wall's height is required for every horizontal wall length of two times the building's height. Vertical façade with offsets shall provide for screening of all mechanical equipment mounted on rooftops.

(c)

Emergency exits. Exterior emergency stairs on buildings in the I-35 overlay district shall be enclosed.

(Ord. No. 091002-1, § 44, 9-10-2002; Ord. No. 091114-02, § 1, 9-11-2014)

(a)

Setbacks. No structure of any kind or part thereof shall be placed within the following setbacks from property lines within the I-35 overlay district:

(1)

A minimum of 50 feet from the I-35 right-of-way.

(2)

A minimum of 35 feet from the right-of-way of all other streets, except for structures over 25 feet high which shall have a setback of one foot for each one foot of building height or 50 feet, whichever is less.

(3)

When adjacent to a residential district, a side yard and/or rear yard of 50 feet or two feet for each one foot of building height, whichever is greater, shall be provided. In addition, a screening wall or fence shall also be installed as provided in section 82-845. The wall/fence may be substituted by a dense evergreen hedge or a landscaped earth berm having a minimum height of five feet. Such fence, wall hedge, or berm shall be maintained in good condition.

(b)

Loading docks. Loading docks and loading areas in the I-35 district shall not be located within any required setback or landscape area, except as part of a common loading area designed to serve more than one building, as approved by the city council.

(c)

Parking areas. Parking areas in the I-35 district shall comply with existing city codes and regulations except as modified by the planting requirements in the planting and screening provisions in division 5, article VI of this chapter.

(d)

Compliance with building code and construction codes of city. All buildings in the I-35 district shall comply with all other provisions of the building code and related construction codes of the city not specifically addressed in this chapter.

(Ord. No. 091002-1, § 45, 9-10-2002)

(a)

Generally. Landscaping shall be required on all developments within the I-35 overlay district and shall be completed prior to the issuance of any certificate of occupancy or final building inspection; or within 180 days of that date with approval of the city council and satisfactory assurance that the landscaping will be completed unless seasonal weather conditions require additional time for planting. All plans will be submitted to the planning and zoning commission for approval. The planning and zoning commission will deny or recommend approval of the plans to the city council.

(b)

Plant materials. Plant material including, but not limited to, grass, trees, shrubs, flowers, vines and other ground covers, existing native trees and shrubs, natural land forms, water forms, planters, other landscape features such as decorative rock or bark, walks and plaza areas consisting of enhanced paving may be used in the I-35 district. The use of walks and plaza areas with enhanced paving shall not dominate over the use of live plant materials. The use of artificial plant material shall be prohibited. All plant materials shall conform to the list of approved material.

(c)

Nonresidential and multifamily residential requirements.

(1)

A minimum of ten percent of the gross lot area shall be landscaped. One half of the minimum shall be located in the front yard. Required landscape area shall not include driveways or right-of-way or easements for streets or alleys. Fences and walls may be located in the required landscape area.

(2)

A required landscape area shall be provided 35 feet to the right-of-way of Interstate 35 and ten feet in depth adjacent to all other street rights-of-way, which area shall not include driveways or rights-of-way or easements for streets or alleys. As a specific exception to the prohibition of vehicular traffic in the landscape areas, a fire lane for emergency vehicle access shall be authorized so long as the landscape area required by this section is located between such fire lane and the I-35 right-of-way line.

a.

Existing natural landscaping shall not be disturbed within 25 feet of the property line which adjoins the street right-of-way. This area shall be labeled as open space setback. No structures, fences, walls or parking are allowed in this setback.

b.

The required landscape area adjacent to I-35 shall include a minimum of one tree for each 1,500 square feet of required setback area.

c.

The required landscape area adjacent to all other streets shall include a minimum of one tree for each 1,500 square feet of required setback area.

d.

A minimum of 25 percent of the required trees in landscape areas shall be evergreen.

e.

Required trees shall be a minimum of three-inch caliper.

f.

These landscape area provisions shall not apply where visual access does not exist from I-35 by reason of natural barriers.

(3)

No parking may take place within any required landscape area, except for emergency vehicle access.

(4)

In addition to the landscaping requirement of ten percent of the gross lot area, all parking areas for visitors and/or customers shall be planted in compliance with appropriate sections of the planting and screening provisions in division 5, article VI of this chapter.

(5)

All landscape areas shall be irrigated by one of the following methods:

a.

An underground sprinkler system.

b.

A hose attachment within 150 feet of all landscaping.

c.

Directed drainage across landscape area, provided that the drainage is designed so as not to result in erosion.

(Ord. No. 091002-1, § 46, 9-10-2002)

(a)

Generally. For the purpose of this section, screening within the I-35 district shall consist of one or a combination of the following:

(1)

Walls or fences which are architecturally and aesthetically compatible with the exterior of the principal building.

(2)

Landscaped earthen berms.

(3)

Densely spaced evergreen plantings maintained in good condition.

(b)

Outdoor storage areas. Outdoor storage of merchandise, equipment, or materials (excluding vehicle and boat sales) in the I-35 district which are essential or incidental to the land use and which are not on temporary display for the purpose of being immediately available for sale to the public at large (where allowable by this chapter) shall be screened. All outdoor storage in loading dock areas shall be screened from I-35.

(c)

Refuse areas. Refuse storage containers shall be screened from the view of all streets, including I-35 and from the view of adjacent private properties. Where such containers are partially screened by reason of compliance with other sections of this chapter, the remaining unscreened sides shall be screened. An opening shall be provided for access by refuse collectors; provided however, that the container is not visible from all streets, including I-35, or private properties.

(d)

Ground-mounted utility equipment. All ground-mounted utility equipment, including pad-mounted transformers, telephone switchboxes, and gas meters, shall be reasonably screened from the view of I-35. Screening shall not interfere with the safe operation and maintenance of the equipment.

(e)

Wall-mounted utility equipment. Wall-mounted utility equipment, including various meters (such as electric meters), visible from I-35 shall be screened or painted a color compatible with the exterior wall.

(f)

Roofs. Any roofs or roof-mounted equipment visible from I-35, except for plumbing vents or flues, shall have the following characteristics:

(1)

Roof and screening color. Roof and screening colors, where visible from I-35, shall be compatible with building colors.

(2)

Height. Overall screening height, in the absence of coverings, shall be of sufficient height where possible to obstruct line of sight visual access to the equipment from I-35, and in no event shall be lower than the height of the highest element of roof-mounted equipment but in no event shall the screening be required to extend more than two feet above the height of the highest element of roof-mounted equipment.

(g)

Lighting standards. Any lighting in the I-35 overlay district used to illuminate any off-street parking area shall be so arranged as to reflect the light away from I-35 and adjacent residential property. Specifically, lights with no cutoff type luminaire shall be no higher than ten feet and shall have a maximum illumination measured at the lot line at ground level of 0.20 candlepower. Lights with a cutoff type luminaire shall be no higher than 20 feet, with a maximum illumination measured at the lot line at ground level of 0.30 candlepower. Lights with a luminaire of less than 90 degree cutoff shall be no higher than 20 feet with a maximum illumination measured at the lot line at ground level of 0.50 candlepower.

(h)

Signs. Signs in the I-35 overlay district shall meet the requirements set forth in chapter 74 of this Code, signs.

(Ord. No. 091002-1, § 47, 9-10-2002)

(a)

Underground requirement. All utilities shall be placed underground in the I-35 district except under the following conditions:

(1)

The city council, upon recommendation of the planning and zoning commission, may approve overhead placement of distribution feed and lateral lines if it can be demonstrated that placement underground would be an undue financial hardship and that measures will be taken to minimize the visual impact of overhead utilities.

(2)

Auxiliary equipment for underground utility service such as transformers, connection enclosures, switching devices and amplifiers may be pad mounted on grade or placed underground.

(3)

Any utility lines in place prior to the effective date of the ordinance from which this chapter is derived that are contrary to same are nonconforming. However, relocation or substantial improvement of existing utility lines shall occur in accordance with the standards set forth herein. The term "substantial improvement" shall mean any improvement which results in an increase in the capacity of existing lines, such as the addition of lines or upgrading the size of lines.

(b)

Miscellaneous provisions. All utility companies and city departments which provide utility service within the development corridor shall share facilities and easements where possible. Nothing contained in this section is intended to alter the intent of the electrical franchise agreement ordinance in effect on the effective date of the amendment from which this division is derived.

(Ord. No. 091002-1, § 48, 9-10-2002)

(a)

The planning and zoning commission shall review the specific elements of site and building plans for development within the I-35 overlay zoning district for compliance with the adopted development standards, concurrent with the review for compliance with all other city rules and regulations.

(b)

Site plans submitted for review under this section shall be processed by the planning and zoning commission. The applicant will be notified in writing of disapproval or its recommendation of approval within 15 days from the date of submittal to the planning and zoning commission. Any notice of disapproval shall state the reasons for disapproval. The planning and zoning commission shall recommend approval of the plan to the city council or disapprove the plan. The city council shall approve the site plan for the purposes of this chapter if it finds that such site plan complies with the requirements made applicable by this chapter and all other city codes, rules and regulations. Any notice of disapproval by the city council shall state the reasons for disapproval.

(c)

When site plan approval is required, such site plan shall be submitted to the planning and zoning commission on sheets 24 by 36 inches in size or other size approved by the planning and zoning commission and shall contain the following information:

(1)

The date, scale, north arrow, title, name of owner, and name of person preparing the plan;

(2)

The location of existing boundary lines and dimensions of the tract;

(3)

The centerline of existing watercourses, drainage features and location and size of existing and proposed streets and alleys;

(4)

The approximate location, size, and setback from the property lines of all existing and proposed buildings and land improvements;

(5)

A parking lot plan as required by the off-street parking provisions of this chapter;

(6)

The location and size of proposed signs;

(7)

The location and size of the proposed landscape areas and a description of the type of landscaping to be used therein, in compliance with the planting and screening provisions in division 5, article VI of this chapter;

(8)

When applying for an annexation, rezoning or subdivision in the I-35 overlay district, applicants shall submit, in addition to the requirements set forth in this division, the following information:

a.

Developers requesting approval for residential projects with 50 units or more, and commercial projects with 10,000 square feet within the I-35 overlay district, shall submit, as part of the application for the development plan approved, a traffic impact statement for the proposed development. The off-site impact of site generated traffic shall be based on a study performed by the developer utilizing the latest edition of the Highway Capacity Manual. The results of the corresponding impacts shall be evaluated relative to the computed levels of service in various time frames and durations as defined by the manual. A plan for mitigating any adverse impacts shall be proposed by the developer and approved by the city traffic engineer prior to the issuance of any building permits. The traffic mitigation plan shall be based on the results of the traffic impact study and shall include proposed improvements, a cost estimate, a construction schedule and the extent of participation by the proposed development.

b.

New half or partial streets shall be prohibited in new developments. When a tract to be developed borders an existing street having a right-of-way width insufficient to conform to the minimum width standards required by the regulations of this chapter, such additional right-of-way shall be platted and dedicated in such a way as would make the resulting street conform.

(d)

The planning and zoning commission, as applicable, shall recommend approval of a site plan which complies with the requirements of the subsections of this section, and which reflects compliance with the other provisions of this chapter, to the city council. The city council shall approve the site plan for the purposes of this chapter if it finds that such site plan complies with the requirements made applicable by this chapter and all other city codes, rules and regulations. The applicant shall be notified in writing within five days of such meeting of the approval, or disapproval of such application. Any notice of disapproval shall state the reasons for disapproval. Approval of the site plan under this subsection shall be for the purposes of this chapter only and does not constitute approval or waiver by the city of any other applicable provisions of this Code or applicable city ordinances; nor shall this subsection be construed as limiting the otherwise lawful exercise of judgment or discretion by the planning commission in recommending approval or denial of a zoning change or in granting or denying a specific use permit.

(e)

Any applicant who is aggrieved by a decision of the planning and zoning commission to disapprove a site plan required by subsection (c) of this section, may, within ten days after receipt of notice of such decision, appeal such decision to the city council by filing written notice thereof with the city administrator. The site plan shall then be reviewed by the city council on its earliest available regular meeting date and subject to the following public hearing notices:

(1)

Mailing written notice at least ten days prior to the meeting to all property owners of property adjacent to and directly across the street and/or alley from the subject property.

(2)

The applicant shall be responsible for all mailing costs. The right of appeal provided by this subsection pertains to the sole issue of whether the site plan complies with the requirements made applicable by this chapter. Nothing shall be construed as limiting the otherwise lawful exercise of judgment or discretion by the city council in granting or denying a zoning change or in granting or denying a specific use permit.

(f)

When an applicant has elected to submit a CSP, the planning and zoning commission shall review the specific elements of the comprehensive site plan and building plans for development within the I-35 overlay zoning district in order to determine whether the applicant has comprehensively addressed building design, building placement, landscaping, screening, lighting and development standards. The applicant need not strictly comply with the development standards of the I-35 overlay district, but the comprehensive approach must, within the sole judgment and discretion of the city council, maintain the spirit of such development standards. The planning and zoning commission's review of the comprehensive site plan shall be conducted concurrently with the review for compliance with all other city rules and regulations.

(g)

Comprehensive site plans submitted for review under this subsection shall be processed by the planning and zoning commission. The applicant with be notified in writing of disapproval or its recommendation of approval within 15 days from the date of submittal to the planning and zoning commission. Any notice of disapproval shall state the reasons for disapproval. The planning and zoning commission shall recommend approval of the comprehensive site plan to the city council or disapprove the plan. The city council may approve the comprehensive site plan for the purposes of this chapter if it finds that such comprehensive site plan complies with the city master plan, the requirements of this section and all other city codes, rules and regulations. Any notice of disapproval by the city council shall state the reasons for disapproval.

(h)

When comprehensive site plan approval is requested, the subject comprehensive site plan shall be submitted to the planning and zoning commission on sheets 24 by 36 inches in size or other size approved by the planning and zoning commission and shall contain the following information:

(1)

The date, scale, north arrow, title, name of owner, and name of person preparing the plan;

(2)

The location of existing boundary lines and dimension of the tract;

(3)

The centerline of existing watercourses, drainage features, and location in size of existing and proposed streets and alleys;

(4)

The approximate location, size and setback from the property lines of all existing and proposed building and land improvements;

(5)

A parking lot plan;

(6)

The location and size of proposed signs;

(7)

The location and size of the proposed landscape areas and description of the type of landscaping to be used therein;

(8)

When applying for an annexation, rezoning or subdivision in the I-35 overlay district, applicants shall submit, in addition to the requirements set forth in this chapter, the following information:

a.

Developers requesting approval for residential projects with 100 units or more, and commercial projects with 100,000 square feet within the I-35 overlay district, shall submit, as part of the application for the comprehensive site plan approved, a traffic impact statement for the proposed development. The off-site impact of site generated traffic shall be based on a study performed by the developer utilizing the latest edition of the Highway Capacity Manual. The results of the corresponding impacts shall be evaluated relative to the computed levels of service in various time frames and durations as defined by the manual. A plan for mitigating any adverse impacts shall be proposed by the developer and approved by the city traffic engineer prior to the issuance of any building permits. The traffic mitigation plan shall be based on the results of the traffic impact study and shall include proposed improvements, a cost estimate, a construction schedule and the extent of participation by the proposed development.

b.

New half or partial streets shall be prohibited in new developments. When a tract to be developed borders an existing street having a right-of-way width insufficient to conform to the minimum width standards required by the regulations of this chapter; such additional right-of-way shall be platted and dedicated in such a way as would make the resulting street conform.

(i)

The planning and zoning commission, as applicable, may recommend approval of a comprehensive site plan which complies with the requirements of this section, and which reflects compliance with the city master plan and other provisions of this chapter, to the city council. The city council may approve the comprehensive site plan for the purposes of this chapter if it finds, in its sole judgment and discretion, that such comprehensive site plan complies with the requirements of the city master plan, this section and all other city codes, rules and regulations. The applicant shall be notified in writing within five days of such meeting of the approval or disapproval of such application. Any notice of disapproval shall state the reasons for disapproval. Approval of the site plan under this subsection shall be for the purposes of this chapter only and does not constitute approval or waiver by the city of any other applicable provisions of this Code or applicable city ordinances; nor shall this subsection be construed as limiting the otherwise lawful exercise of judgment or discretion by the planning commission in recommending approval or denial of a zoning change or in granting or denying a specific use permit.

(j)

Any applicant who is aggrieved by a decision of the planning and zoning commission to disapprove a comprehensive site plan required by subsection (g) of this section may, within ten days after receipt of notice of such decision, appeal such decision to the city council by filing written notice thereof with the city administrator. The comprehensive site plan shall then be reviewed by the city council on its earliest available regular meeting date and be subject to the following public hearing notices:

(1)

Mailing written notice at least ten days prior to the public hearing to all property owners of property within 200 feet of the subject property.

(2)

The applicant shall be responsible for all mailing costs. The right of appeal provided by this subsection pertains to the sole issue of whether the comprehensive site plan complies with the requirements made applicable by this chapter. Nothing shall be construed as limiting the otherwise lawful exercise of judgment or discretion by the city council in granting or denying a zoning change or in granting or denying a specific use permit, or in approving a discrepancy in a comprehensive site plan requested under this section.

(Ord. No. 091002-1, § 49, 9-10-2002)

The official zoning map of the city shall conform with the I-35 overlay zoning district established in this division.

(Ord. No. 091002-1, § 50, 9-10-2002)

Areas identified by Randolph Air Force Base Air Installation Compatible Use Zone's most recent study published and distributed by Randolph Air Force Base Flight Operations Branch identify areas within the accident potential zone and those areas subject to high levels of noise from aircraft.

(Ord. No. 091002-1, § 51.a, 9-10-2002)

The objective of the AICUZ district is to provide land use restrictions for health, safety, and welfare of the citizens because of the effects of noise from aircraft, and the high probability of aircraft accidents, while protecting the operational capabilities of Randolph Air Force Base.

(Ord. No. 091002-1, § 51.b, 9-10-2002)

(a)

Any development of land within the AICUZ district will be referenced to the planning and zoning commission for consideration of a specific use permit in accordance with division 2, article III of this chapter, special use permits. The planning and zoning commission will deny the permit or recommend its approval to the city council.

(b)

In considering land uses within an AICUZ overlay district, the planning and zoning commission will consider only written requests for land uses identified in the Air Force Base Air Installation Compatible Use Zone most recent study, published and distributed by Randolph Air Force Base Operations. Any land use requested not included in Table IV-1 "Land Use Compatibility Guidelines" of the AICUZ study will be placed within one of the compatible land use categories by the planning and zoning commission and considered accordingly.

(c)

Land use restrictions are as follows:

(1)

Accident potential zone (APZ). Authorized use within the accident potential zone will be restricted to those uses having a low intensity of population during the training mission of Randolph Air Force Base and will be restricted to those identified in the AICUZ study.

(2)

Noise zone (NZ). The noise level reduction standards established by the Randolph Air Force Base AICUZ study are guidelines which will apply to any area this overlay is imposed upon. All developments in the area which will be inhabited will be fully aware of the noise level of the area.

a.

A statement will be prepared by the building official indicating the noise zone in which the structure will be located.

b.

Structures on individual lots. The statement prepared by the building official indicating the noise zone in which the structure will be located.

c.

Developers/builders of subdivisions. The above statement prepared by the building official will be completed and signed, at the time construction plans are approved. The builder of residential dwellings will not only sign the statement that he is aware of the noise zone level and the insulation requirement to meet minimum noise reduction level, the statement will include a statement that he will inform the buyer of the home of the area noise level and whether the home meets the minimum noise reduction level.

(Ord. No. 091002-1, § 52, 9-10-2002)