The TC-1, TC-2, TC-3, and TC-4 Town Center Zoned Districts are intended and designed to provide for an economically viable, diverse place, located within and adjacent to the NW 86th Street corridor, with quality residential, commercial, service, employment, and recreational uses of various densities and intensities needed to promote quality of life, health, and general welfare of citizens and visitors within the City and which draws citizens and visitors to the corridor. It shall be generally recognized that the type of use is not as important as the manner in which the use is accomplished. It is intended that the district shall not be used indiscriminately to permit any use that could potentially be detrimental to the intent of the zoning ordinance. For the purposes of this chapter, other than the principal permitted uses table, the regulations contained here within shall only apply to the redevelopment, or substantial expansion of the existing development, of the properties currently zoned TC-1, TC-2, TC-3, and TC-4. The term “substantial expansion of the existing development” shall mean the cumulative set of site improvements that result in the expansion of the impervious surface area of the site by more than 15 percent of the surface area of the property at the time of adoption hereof. If the proposed site improvements result in less than a 15 percent expansion of the impervious surface area of the site, the zoning district regulations and design standards for that property that existed prior to the rezoning of the property to TC-1, TC-2, TC-3, or TC-4 shall be applicable with respect to the proposed site improvements. The principal permitted uses table in this chapter shall continue to be enforced in accordance with the current zoning district of each property.

   1.   TC-1 North End Development Area. The North End Development Area District is designed to provide land for the orderly and logical development of a complete and intensive community shopping center with a broad range of retail and professional office use which exhibits a high quality of architectural and design elements. The district will incorporate high quality materials in unique architectural designs and substantial plantings of trees, shrubs, and other plant materials. The district will be developed with a network of connecting parking lots with minimal street openings to NW 86th Street and Hickman Road.

   2.   TC-2 Residential Development Area. The Residential Development Area District is primarily intended to provide opportunities for medium density condo/townhome residential development preserving the integrity and value of the existing single-family neighborhoods. The district will be designed so that the residential structures engage the street, providing the massing and building form that helps define the block. The district will incorporate high quality materials and unique architectural designs. Open space will be used to accent the architectural and natural features of the residential development within the district.

   3.   TC-3 Mixed Use Development Area. The Mixed Use Development Area District is designed to provide land for mixed use development incorporating retail commercial and office uses with residential and recreational opportunities. The district will be primarily developed with ground level retail commercial and upper-level office or residential uses. Pedestrian traffic is considered a priority and shall be well planned for throughout the district. The district will incorporate high quality materials and unique architectural designs. Public and private plaza and courtyard open space are encouraged.

   4.   TC-4 Entertainment Development Area. The Entertainment Development Area District is intended to provide for an office and regional commercial entertainment center and will be designed in consideration of public plazas or courtyards, Clive Greenbelt Park, historical amenities, and other urban open space that can serve as a focal point for community activities. The area will include retail/commercial, office, entertainment, residential, institutional, and open space uses. The buildings within the district will be constructed with high quality materials and will be designed to form part of a larger composition rather than being designed in isolation of one another.

   Principal permitted uses for Town Center zoned property may be found below. Where a use is not expressly listed below, the Community Development Director shall have authority to determine if the use is compatible and consistent with the surrounding environment. If it is determined by the Community Development Director that the proposed use is not compatible and consistent with the surrounding environment, the property owner shall have the right to appeal the decision to the Board of Adjustment pursuant to the regulations and requirements as expressed in Chapter 3 of this title.

 

   An “auxiliary use” shall mean a conditional use consisting of certain low intensity commercial establishments which are primarily intended, designed, and utilized to serve the proven needs within the TC-1, TC-3, or TC-4 District of the principal permitted uses that are in existence or that will be constructed at or about the same time as the auxiliary use. Possible auxiliary uses are listed in Section 11-8-3 of this chapter and noted with an “A.” In TC-1, TC-3, or TC-4 Zoning Districts, any enterprise that cannot wholly enclose its functions within the principal structure shall be prohibited. The Council may permit an auxiliary use within a TC-1, TC-3, or TC-4 District as part of a development plan, provided that the following conditions are satisfied:

   1.   The auxiliary use shall primarily serve the needs within the TC-1, TC-3, or TC-4 District of the principal permitted uses that are then in existence or that will be constructed at or about the same time as the auxiliary use.

   2.   The design, aesthetics, location, and character of the auxiliary structure or use shall be compatible with the principal permitted uses within the TC-1, TC-3, or TC-4 District and abutting or nearby properties in adjoining zoning districts.

   3.   The auxiliary use shall not adversely affect the setting and quality of development for the principal permitted uses within the TC-1, TC-3, or TC-4 District due to over concentration or over saturation within the TC-1, TC-3, or TC-4 District.

   4.   The auxiliary use shall not generate substantial additional traffic nor create traffic congestion beyond that which would occur if any principal permitted use were to locate on the same site.

   5.   The auxiliary use shall not be hazardous, detrimental, or disturbing to principal permitted uses, nor to adjoining or abutting properties due to dust, glare, noises, smoke, odor, fumes, vibration, or other effects not consistent with the principal permitted uses within the TC-1, TC-3, or TC-4 District.

   6.   The auxiliary uses shall incorporate the site's natural and scenic features into the development design.

   7.   In addition to the conditions above, the following special conditions shall be met for specific uses within the TC-1, TC-3, or TC-4 Districts:

      A.   Automobile supply and repair businesses shall be permitted provided that all overhead doors (if applicable) be oriented away from NW 86th Street, and provided that the retail square footage of the building be at least 1,800 square feet or 25 percent of the total gross floor area of the building, whichever is greater. All functions of the business must be entirely contained within the confines of the building and no outdoor storage of vehicles or parts is allowed.

      B.   Bakeries, including, but not limited to, other organic food processing uses, shall be permitted, provided that the retail sales area shall be within 100 feet of the premises on which the bakery is located where all products produced in the bakery are available for sale fresh daily, and provided the product preparation and storage area does not exceed 1,000 square feet of gross floor area. Distribution of products to other premises is permitted; however, no semitrailer trucks shall be used for distribution purposes.

      C.   Car wash facilities shall be permitted provided that all overhead doors be oriented away from NW 86th Street. Additionally, all exterior detailing stations shall be designed in accordance with the principal structure, and located away from NW 86th Street and any adjoining side street.

      D.   Convenience stores shall be permitted provided that the fuel canopy is architecturally detailed and integrated into the design of the principal building. Specifically, elements of brick, stone, or masonry must be imported into the support columns, the canopy structure itself shall be clad in a material that is consistent with the principal structure in both type and color. Additionally, the perimeter of the parking areas surrounding the fueling areas shall be heavily landscaped with elements of the required streetscape incorporated throughout.

      E.   Fast food restaurants which include a drive-through shall be permitted provided that all circulation and queuing areas necessary to support the drive-through are located away from NW 86th Street.

   1.   Accessory buildings may be constructed in Town Center zoned lots as permitted in Section 11-4-7 of this title.

   2.   Accessory structures may be constructed in Town Center zoned lots as permitted in Section 11-4-8 of this title. Where the Town Center district is not specifically mentioned, the requirements shall be consistent with the commercial district regulations.

   Parking requirements shall be provided consistent with the provisions outlined in Chapter 13 of this title. Where the Town Center district is not specifically mentioned, the requirements shall be consistent with the C-1 and C-2 Commercial District regulations. In addition to the parking requirements in Chapter 13 of this title, the following regulations shall apply to property located within the Town Center Zoning Districts:

   1.   TC-1, TC-3, or TC-4. No single parking block shall have more than 100 parking spaces in the TC-1, TC-3, or TC-4 Zoning District.

   2.   Parking Blocks Defined. “Parking blocks” shall be defined on all sides by any of the following in the TC-1, TC-3, or TC-4 Zoning District:

      A.   The front building facade containing a minimum 10-foot wide sidewalk along the entire length of the facade.

      B.   A side or rear building facade containing a minimum six-foot wide sidewalk along the entire length of the facade.

      C.   A public street, provided that a 10-foot parking lot and driveway setback is accommodated.

      D.   A 20-foot landscape buffer meeting the requirements of Subsection 11-8-7(3) of this chapter.

      E.   A 20-foot wide landscaped median containing a minimum six-foot wide sidewalk.

   3.   Shared Parking. Shared parking shall be strongly encouraged for mixed use developments located within the TC-1, TC-3, and TC-4 Zoning Districts and shall be allowed based upon the following requirements:

      A.   A written agreement shall be required between property owners sharing parking facilities and shall include any necessary easements, maintenance agreements, and projected parking projections for each party. The agreement shall be approved by the Council and filed with the County Recorder.

      B.   The following table shall be used to determine the required parking based on the shared parking agreement. Whichever time period requires the highest total parking spaces among the various uses subject to the shared parking agreement should be the amount of parking provided.

 

   4.   Bicycle Parking. On-site bicycle parking racks shall be provided at a rate of 0.5 rack spaces per 1,000 square feet of building area to a maximum of 20 rack spaces required for all commercial uses and one rack per five units to a maximum of 20 rack spaces required for all residential uses.

   Site plans, consistent with the requirements as outlined in the NW 86th Street Corridor Design Guidelines shall be required for all uses.

   Open space requirements shall be provided consistent with the provisions outlined in Chapter 14 of this title. In addition to the open space requirements in Chapter 14 of this title, the following regulations shall apply to property located within the Town Center Zoning Districts:

   1.   Minimum Quantity. The minimum number of plantings per site within the Town Center Districts shall be one and a half trees per 1,000 square feet of required open space. This shall be in addition to plantings required within a landscape buffer.

   2.   Open Space Requirements. Open space shall be provided for each site in each district in accordance to the following table. Values are in percentage of total site.

 

 

   3.   Buffers. Buffers shall be provided for each site in each district in accordance with the following table. Values are in feet.

 

   4.   Buffer Material Requirements. The following shall be the minimum requirement. All buffers shall provide the plantings as prescribed below.

 

 

   1.   Table of Requirements.

 

   2.   Parking Requirements. In addition to the requirements of this chapter, each dwelling unit located within the TC-2 District shall have a minimum one car enclosed (detached, attached, underground) area per unit. Carports shall not be considered as an acceptable covered area. Detached garages shall not exceed 450 square feet per dwelling unit and shall not be taller than 12 feet in total height. In no case shall more than six detached garages be attached in a row.