Irving staff outline rapid plan to implement Senate Bill 840, propose new building-performance and facilities rules

City of Irving planning and public-works staff presented a coordinated response to Senate Bill 840 at the July 10 work session, proposing zoning revisions, new building-performance standards and an adequate public‑facilities process to manage likely increases in multifamily and mixed‑use development.

The proposals come after the Texas Legislature enacted Senate Bill 840; Planning Director Jocelyn Murphy told the council the law "will be effective on September 1" and "requires that cities allow construction of multifamily and mixed use development" in most nonresidential districts. Murphy said the bill preempts some discretionary approvals and many typical zoning controls, so Irving staff are preparing multiple regulatory changes to retain city oversight where the law permits.

Why it matters: Council members and staff said the changes are time‑sensitive because the statute takes effect this fall and because future approvals could create new pressure on water, sewer, drainage and traffic systems. Staff recommended a three-track response: (1) amending zoning and the Unified Development Code to add clear mixed‑use definitions and permit/application checklists; (2) adopting building‑performance standards to raise energy, resilience and livability outcomes for new multifamily and residential mixed‑use projects; and (3) creating an Adequate Public Facilities Ordinance that would require capacity analyses and clarify developer responsibilities for infrastructure improvements.

What staff proposed - Zoning and procedural changes: Murphy said staff will update definitions to align with SB 840, add "mixed use" to use charts and provide a clear checklist at the building‑permit stage so applicants understand required studies and infrastructure submittals. She described proposed minimum standards for open space, covered parking, and prohibiting compact parking for new multifamily projects. - Building‑performance standards: Wayne Snell, director of inspections, presented draft performance standards that would apply to new multifamily and residential mixed‑use projects and to conversions and major reconstructions. Snell described requirements that buildings achieve at least a 10% improvement over baseline energy code, be "net‑zero ready," use all‑electric HVAC, require higher efficiency (targeting SEER 16 or above), strengthen indoor‑air‑quality controls and sound‑attenuation, require reflective and stormwater‑managing roofs, and align with LEED Platinum performance outcomes without requiring certification. Snell also proposed 50% covered parking, no compact spaces, at least one bike parking space per five units, and that 15% of parking stalls be EV‑ready electrical capacity. - Adequate Public Facilities Ordinance (APFO): Todd Rek, Water Utilities director, and Trevor Crane, CIP director, described the need for site‑by‑site capacity checks tied to the city's water, wastewater and stormwater master plans. Rek outlined that consultants (Freese and Nichols) would run hydraulic models to determine whether existing systems can accommodate new loads; if not, developers would need to identify and fund mitigation, such as upsized pipes, pumps or storage.

Council and staff concerns Councilmembers highlighted parking, in‑building coverage for radios, and the potential fiscal impact of system upgrades. Traffic and transportation Director Dan Veidrill noted that Irving's major thoroughfares are largely built out and identified parking demand as a primary concern if new residential uses replace commercial and office stock. Several councilmembers pressed staff on whether the city can require buffers, minimum commercial percentages in mixed‑use areas, and how "minimum capacity" in the APFO should be defined; legal and planning staff said those are open questions that will be refined in forthcoming ordinance language.

Timetable proposed by staff - Public notice for building‑code changes: posted July 10 (staff said this starts a 21‑day notice period). - Construction Board of Appeals hearing (building‑code public hearing): recommended July 14. - City Council possible adoption of building code amendments: July 31 (if scheduled as proposed). - Planning & Zoning hearing for Unified Development Code (UDC) amendments: August 4. - City Council adoption of UDC amendments and APFO: August 28. - Building code amendments effective 30 days after adoption (staff projected August 30 for the performance standards if the schedule holds).

What staff did not present or what remains unresolved Staff repeatedly emphasized that some requirements in SB 840 are preemptive (for example, cities cannot require discretionary zoning approvals or additional parking for building conversions). Murphy and legal staff said several substantive choices — including the precise definition of "minimum capacity," the possible 10‑story minimum height proposal (and its buffers), and the percentage of required commercial space in mixed‑use buildings — require further legal review and council direction. No ordinance or final vote was recorded in the work‑session transcript.

Looking ahead Staff asked council to confirm the general strategy and the timetable so they can prepare formal draft ordinance language for hearings in July and August. Murphy said the planning department will present the same material to Planning & Zoning on Monday, July 14, and asked council for a directive to continue on the proposed schedule.