This is an overlay zoning district authorized under provisions in chapter 19.42, "CC (Community Conservation) District", of this title. This district is intended to provide for a wide variety of office, retail and residential uses for the purpose of creating a central community focal point for the City of Warr Acres. The regulations included in this chapter are intended to provide for an orderly transition and upgrade of properties into a core activity area that offers shopping, business and personal services, and opportunities for innovative housing, all in freestanding or mixed use configurations. As properties are developed into new uses, improvements provided shall include use of quality building materials, sidewalks for pedestrian circulation, and significant landscaping. In addition, all proposed developments must address protection of abutting residential neighborhoods. This chapter provides the land use, development, and property maintenance standards necessary to encourage private investment and achieve quality redevelopment of the area. To accomplish this, all new applications for rezoning within the boundaries of the TC-CC District are required to be submitted as SPUD, Simplified Planned Unit Development District; provided that PUD, Planned Unit Development District may be considered only for tracts of five (5) net acres or more and intended for development in phases. (Ord. 1173, 2017)

The purposes of the Town Center District are to:

A.   Permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of development and assuring compatibility with adjoining and proximate properties;

B.   Permit greater flexibility within the development to best utilize the unique physical features of the particular site;

C.   Encourage creative land use and site designs;

D.   Provide and preserve meaningful open space;

E.   Achieve a continuity of function and design within the development. (Ord. 1173, 2017)

This is an overlay zoning district. All properties located within the boundaries of this zoning district, as identified on the official zoning districts map of the City of Warr Acres, shall be labeled by their standard zoning district classification, known as the "underlying zoning", plus a suffix: TC-CC, to identify them as being within the "overlay district" and subject to the additional standards and regulations of this chapter. Any "rezoning request" for a change in the underlying zoning district classification of a property shall not include any provision to remove it from the overlay district or its requirements. Removal of a property from the TC-CC Overlay District classification shall require a separate and specific "rezoning" action, including public hearing and adoption of an ordinance of redistricting by City Council after hearings and recommendation by the Planning Commission in accordance with the procedures established in this Code. (Ord. 1173, 2017)

A.   Unless authorized, modified or prohibited in this chapter, the underlying zoning classification of a property continues to define the use and development regulations applicable to it. Therefore, the zoning district classification of a property in place at the time of adoption hereof determines current permitted uses until either the area is rezoned under the provisions of this chapter, existing nonresidential improvements are proposed to be replaced or expanded, or vacant land is sought to be developed.

B.   Nothing in this chapter shall prohibit the continued occupancy, remodeling, renovation, expansion, or replacement in kind of an existing single-family or multiple-family residence, including addition of an accessory building or garage; provided there is no increase in the number of dwelling units, and all such improvements are subject to the regulations of the underlying zoning district. (Ord. 1173, 2017)

A.   Unless authorized, modified or prohibited in this chapter or this subsection, the underlying zoning district classification of a property continues to determine the uses permitted on review regulations applicable to it.

B.   In addition to the "uses permitted on review" listed in each of the underlying zoning district regulations, all proposals for any type of open display; outdoor recreation and assembly; or outdoor sales activity, including, but not limited to, outdoor eating, drinking or dancing, musical entertainment associated with a business, open air markets or seasonal sales, are subject to specific City regulations: provided that special events sponsored or authorized by the City of Warr Acres may be permitted by City Council. (Ord. 1173, 2017)

No existing residential structure within the TC-CC District shall be converted to a non-residential use. All such structures shall be removed and replaced by a structure or structures that conform to the requirements of this chapter. (Ord. 1173, 2017)

A.   Except as provided in this chapter, a simplified planned unit development (SPUD) or planned unit development (PUD) application shall be required for rezoning of any property, or group of properties within this district that have been assembled for a development proposal.

B.   Only properties with frontage on, or having direct access to, Northwest 50th Street or MacArthur Boulevard are eligible to submit a SPUD or PUD application for any commercial, office, or service uses. PUD applications may only be made for properties with five (5) net acres or more and intended for development in phases.

C.   Eligibility to submit a SPUD or PUD application shall further be limited to only those applications where the property or group of properties have a combined minimum frontage of one hundred twenty feet (120') on either Northwest 50th Street or MacArthur Boulevard. Properties failing to meet this requirement may request that the one hundred twenty foot (120') frontage requirement be waived. A waiver may only be obtained where the Planning Commission and City Council specifically find that the waiver is not only consistent with the Comprehensive Plan but also that the development proposed would be consistent with the zoning of the properties surrounding the subject property (underlying zoning and/or SPUD/PUD status).

D.   SPUD and PUD applications shall only be granted if it is found by majority vote of both the Planning Commission and the City Council that application, if granted, would be consistent with the Comprehensive Plan.

E.   Regardless of property size, a SPUD or PUD shall also be required for property already zoned C-3 or C-4 with a proposal for any type of open display, recreation, or outdoor sales activity that is authorized as a "permitted use" or a "use permitted on review" in the Town Center Overlay District. (Ord. 1173, 2017)

The following regulations are in addition to and override any conflicting regulations or standards contained in an underlying zoning district for properties whose use at the time of inclusion in the overlay zoning district is commercial (either through conformance with underlying zoning or as legally nonconforming) and for any property zoned commercial which will be used as commercial as part of or at the conclusion of development:

A.   Building Setbacks: Subject to regulations of the underlying zoning district, unless the property will be zoned for a SPUD or PUD; provided that there shall be no reduction in permitted rear or side yard setbacks where the site abuts property in a residential zoned district.

B.   Building Height: Subject to regulations of the underlying zoning district unless the property has been zoned for a SPUD or PUD that contains approved modifications.

C.   Lot Coverage: Subject to regulations of the underlying zoning district unless the property has been zoned for a SPUD or PUD that contains approved modifications. (Ord. 1173, 2017)

A.   Purpose:

   1.   It is the purpose of this subsection that landscaping shall be included as an integral part of the built environment to provide a quality of life and amenities in keeping with the natural physical surroundings of the City and the Town Center District.

   2.   Utilization of plant materials, berms, fences and walls is encouraged where feasible in order to:

      a.   Preserve the existing native trees and other physical site values where possible;

      b.   Screen and buffer undesirable views;

      c.   Soften the visual impact of large paved areas;

      d.   Soften the edge between a parking area and the building or adjacent public right-of-way;

      e.   Define walkways, traffic circulation, special use areas and building entries;

      f.   Complement the architectural form of a building;

      g.   Mitigate impacts of lighting or other negative influences;

      h.   Provide a pleasant driving experience;

      i.   Provide shade for the landscape, building and parking area;

      j.   Provide for energy conservation;

      k.   Control wind and water erosion;

      l.   Mitigate the impacts of traffic noise, dust and pollutants;

      m.   Utilize small trees species for planting under utility lines, avoiding future conflict with utility lines.

B.   Landscaping Standards:

   1.   Minimum Requirements: All development in this zoning district shall be landscaped per the minimum requirements listed below. A detailed landscaping plan for both the lot area and the area within the public right-of-way between the property line and curb shall be submitted with the building permit application or SPUD-PUD application, whichever occurs first. The landscaping plan shall meet the following requirements:

      a.   Not less than five percent (5%) of the total lot area shall be landscaped with seventy five percent (75%) visible from the street and one tree of 2.5 inch caliper required per five hundred (500) square feet of required landscaping.

      b.   Where the entire front yard area of an existing commercial use has been hard surfaced as of the date of adoption of this chapter, permanent planter boxes or urns shall be provided along each building frontage abutting a street as follows: One (1) 9-square foot planter box or decorative container for each twenty five feet (25') of frontage. These improvements shall be required as a part of any remodeling, construction, or paving permit.

   2.   Right-Of-Way Improvements Required:

      a.   Right-of-way area between the property line and curb shall include a sidewalk on all street frontages and be landscaped, in accordance with a plan submitted and approved as a part of the building permit process.

      b.   A City-approved Town Center Medallion shall be installed in each driveway approach at the time of construction.

      c.   An irrigation system for landscaping in the right-of-way area is required and shall be installed and approved prior to issuance of a Certificate of Occupancy.

      d.   Trees, plants, shrubs and ground cover shall be installed to meet or exceed the requirements of this Code including an approved irrigation system.

   3.   Materials:

      a.   All planting beds and tree planting locations shall include edging and mulch.

      b.   Gravel, artificial grass or any form of synthetic material shall not be used.

   4.   Sight Triangles: All sight triangles at driveways and intersections as described in section 19.41.020, "Open Space Requirements", of this title and if landscaped, shall use small species plant material with a mature height less than twenty four inches (24").

   5.   Utility Easements: Plantings under utility lines shall be small tree species avoiding future conflict with the utility lines. Any plant material inside public utility easements cannot be counted towards the landscaping requirements.

   6.   Landscaping Plans: Landscaping plans shall include treatment of all unpaved right-of-way areas between the property line and the paved street.

   7.   Landscaping Maintenance: All required landscaping shall be maintained in a live and healthy condition. It shall be the continuing duty of the property owner, its successors, or anyone having beneficial use of the property, to maintain landscaping in a live and healthy condition and, if necessary, to replace any dead, diseased or damaged plants as soon as natural conditions allow. (Ord. 1173, 2017)

A.   Mixed Residential/Commercial Structures Permitted: Regardless of existing zoning a SPUD or PUD rezoning is required to permit a mixed use development that includes residential and nonresidential uses that may be located in the same or separate structures on a property, provided details of said uses are specifically identified in the approved SPUD or PUD design statement.

B.   Residential Unit Access: Primary access to all residential units in a single use or mixed use project shall be from an entry that either faces a street or is located on an interior court that is open to and visible from the street. Rear yard access to residential units shall only be permitted as a secondary access point.

C.   Construction Material Standards: In addition to the construction and material standards contained in this Code the following standards shall apply in the TC-CC District:

   1.   Facades And Roof Structures:

      a.   Principal facade materials shall be brick, concrete, stone, cementicious material, or a combination thereof. Metal, wood, plastic, and ceramic materials may be used for canopies, interior (not visible externally) structural elements, or as decorative elements only.

      b.   Decorative fabric canopies on commercial properties may be used seasonally.

      c.   Based on the overall design concept, standing seam metal roofs may be permitted during the site plan review process at the time of rezoning.

   2.   Protection Of Abutting Neighborhoods:

      a.   Sight Proof Screening: Whether required by underlying district regulations or installed voluntarily, all sight proof screening along property lines in the TC-CC District shall be constructed of brick, stone, or precast panels finished on both sides. Wood products shall not be permitted as a screening material in these areas.

      b.   Light Intrusion Prohibited: Security lighting at the rear or side of commercial sites that abut neighborhoods shall not exceed the height of the building or twelve feet (12'), whichever is less, and light shall be projected downward and away from the residential property with necessary shading added to the fixture half abutting the residential area.

      c.   Noise Generating Activity: No outside dining, drinking, entertainment, assembly, repair, or other noise generating activity shall be permitted within fifty feet (50') of a residential zoned area, and retroactive sound mitigation measures may be required for continued City approval of any permitted use that creates a disturbance.

      d.   Access: All properties abutting either MacArthur or NW 50th Street shall have principal access from those streets. Corner lots abutting streets serving residential neighborhoods may be permitted a secondary access on said street provided it is not located within one hundred feet (100') of a residential property or an alternative has been approved as part of a PUD or SPUD.

D.   Signs:

   1.   Signs shall be subject to the regulations of the underlying zoning district, provided that sign standards for the C-3 Zoning District shall apply to all properties zoned C-3, C-4, PUD and SPUD.

E.   Sidewalks Required:

   1.   Except as provided below all City permits for building construction or remodeling, parking lot construction or resurfacing, and site improvements such as installation or reservation of open space adjacent to a building project, shall include the requirement for installation of sidewalks meeting City standards along all major and side streets in the TC-CC District.

   2.   Exceptions include:

      a.   Remodeling of an existing single-family or two-family residence, including permitted construction of a garage or accessory building, but not an increase in the number of dwelling units;

      b.   Remodeling of existing interior space in a commercial or nonresidential building that requires a building permit; but not a change in use or an expansion of the square footage of the structure.

F.   Conversion Of Residential Structures Prohibited:

   1.   No residential structure in this district shall be converted to an increased number of dwelling units or to a nonresidential activity regardless of the underlying zoning district classification of the property.

   2.   Unless specifically exempted in a SPUD or PUD design statement that has been approved by the City Council in its ordinance approving rezoning, all existing residential structures in an approved SPUD or PUD or an approved project area shall be removed before occupancy permits for the new use or uses are issued.

G.   Mixed Residential/Nonresidential Uses Permitted: A SPUD or PUD rezoning shall be required to permit a mixed use development that includes residential and nonresidential uses, provided said uses are specifically identified in the approved design statement. (Ord. 1173, 2017)