Irving staff lay out code changes and infrastructure checks as Texas Senate Bill 840 takes effect Sept. 1

City of Irving planning staff on July 14 told the Planning & Zoning Commission they are preparing amendments to the Unified Development Code and building codes and will create an Adequate Public Facilities Ordinance to implement Texas Senate Bill 840, the state law that requires many cities to accept multifamily and residential mixed-use in most nonresidential districts.

Jocelyn, planning staff, said SB 840 "requires that cities accept multifamily and mixed use, residential mixed use development in most, the non residential districts" and that eligible projects will generally proceed directly to the building-permit stage rather than a discretionary zoning process. She told commissioners that the city is revising chapter 3.13 (the multifamily concept plan section), adding a clear Mixed Use definition, preparing an application form for building permits that documents required capacity studies, and updating the consolidated fee schedule so the city can recover review costs.

Wayne Snell, director of inspections, outlined proposed building-performance standards intended "to help our city grow responsibly, protect the infrastructure we have, and create a healthier, more efficient place to live." Staff would apply the standards to new multifamily developments, conversions of existing buildings and major reconstructions; projects already entitled before an ordinance effective date would receive a proposed five-year exemption, Snell said.

Ashley Waits, engineering manager in the water department, described the capacity-analysis process. Irving uses hydraulic master models maintained by consultant Friese & Nichols to test whether a proposed change in use would create downstream impacts. Waits cited recent capital work as context: "That's a new 2,500,000 gallon tank that's replacing an old 1,500,000 gallon tank," she said, noting studies will determine whether developers must pay to upgrade pipes, pumps or storage.

Traffic and parking were a focus in commissioners questions. Dan Vigil, traffic and transportation director, warned that converting commercial areas to residential could trigger requests for sidewalks, bike lanes and parking relief: "If you're in Las Colinas, you're not gonna have sidewalks," he said, noting access and curbside parking patterns differ between commercial and residential uses. Staff stressed SB 840 limits parking regulation for new multifamily construction to a single space per unit; Irving staff proposed requiring that 50% of spaces be covered and prohibiting compact spaces in multifamily projects to preserve functionality.

On design details, staff described reconsidering a draft 500-foot buffer from single-family districts in favor of a 45-degree transitional height plane, recalculating usable open space (the code currently lists 30% site open space and 25% usable open space), and potentially requiring a 35% commercial minimum in mixed-use projects (the statute defines a mixed-use residential property as at least 65% residential).

Stormwater and drainage work is also in progress. Walt Thomas, city engineer, said the city is finalizing a drainage master plan and design criteria and is considering a grading or drainage permit to trigger review for projects that do not require platting.

Staff also presented an expedited schedule: a building-code public hearing was held July 14, the building-code amendments are slated for council consideration July 31, Unified Development Code amendments will appear before Planning & Zoning on Aug. 4, and council is scheduled to consider UDC adoption on Aug. 28; staff said the building-code effective date could be Aug. 30 and noted the statute takes effect Sept. 1.

Commissioners asked whether private deed restrictions and PUD supplemental declarations remain enforceable; staff replied that private deed restrictions are not preempted by state statute and may still limit changes on affected properties, although the bill removes some municipal zoning controls. Multiple commissioners and staff also flagged legal uncertainty and potential litigation risk as an open question during implementation.

The commission did not take a formal action on the code proposals at the work session; staff asked for direction and said final ordinance language and the request for the commission's recommendation will return at a future meeting.

The city identified the following next steps: finalize draft UDC amendments and APFO language, publish required notices, continue interdepartmental code edits (water, drainage, building inspections, traffic), and present a final request for the commission recommendation on Aug. 4 before council consideration later in August.