§ 27-15.2. TC Town Center District.
(a)
Purpose of district. The Town Center District is intended to permit a wide variety of office, retail, residential and compatible support uses for the purpose of creating a pedestrian-oriented urban focal point for the city. It is envisioned as a mixed-use "people place" in an urban atmosphere that will be conducive for many different activities such as shopping, dining, working, living, exploring, interacting with other citizens of the community, conducting business, hosting out-of-town visitors, and similar activities.
The district is further intended to maximize the potential for job growth, increase property values, and enhance the city's urban image as viewed from the state Highway 183 corridor and from surrounding areas. It specifically encourages those uses that will stimulate retail and business activity, maximize the economic use of available land within the district, and encourage the redevelopment of land in certain areas in a manner that perpetuates the overall "vision" for the Town Center. It specifically discourages those uses which provide for marginal increases in job growth, promote idle land, and detract from the image enhancement intentions of this district.
(b)
Permitted uses. The following are the only uses that will be permitted by right within the Town Center District, and are subject only to the general conditions of this section and such other sections as are applicable:
(1)
Accessory use or structure;
(2)
Antique sales;
(3)
Apartments ("loft" style only), townhomes or condominiums (i.e., urban setting, high density, upper floor(s) above at-street-grade retail/office space, etc.);
(4)
Artist's studio/gallery;
(5)
Bank, savings and loan, or credit union;
(6)
Bicycle repair shop (no outside storage);
(7)
Cafe, restaurant or cafeteria (no drive-in or drive-through eating establishments) which may offer alcoholic beverage sales for on-premises consumption (see subsection (e) regarding the sale/service of alcoholic beverages);
(8)
Cart/street vendors (only with appropriate city permits, and only in conjunction with special/temporary uses and events per subsection (d) below);
(9)
College, post office, police/fire station, library, or other public building;
(10)
Civic club, fraternal organization or lodge which may offer alcoholic beverage sales to members and/or the public (see subsection (e) regarding the sale/service of alcoholic beverages);
(11)
Clinic, medical or dental office, emergency/urgent care clinic;
(12)
Commercial amusement (indoor only; video arcade machines and/or pool/billiard tables allowed only as an accessory/secondary use to a commercial amusement establishment; also see subsection (e) regarding the sale/service of alcoholic beverages);
(13)
Conference/community center, banquet/meeting hall, civic assembly center, etc. (see subsection (e) regarding the sale/service of alcoholic beverages);
(14)
Dance hall, night club, sports bar, brew pub or music venue which may offer alcoholic beverage sales for on-premises consumption only (except sexually oriented business is prohibited; see subsection (e) regarding the sale/service of alcoholic beverages);
(15)
Dinner theater, playhouse or theater for dramatic/musical productions which may offer alcoholic beverage sales for on-premises consumption only (see subsection (e) regarding the sale/service of alcoholic beverages);
(16)
Garden shop or plant nursery (primarily retail sales; no plant growing, propagation, cultivation, etc.);
(17)
Hotel or motel (with rooms accessed from interior hallways only; may include accessory banquet facilities, meeting rooms, restaurant, lounge, etc.; see subsection (e) regarding the sale/service of alcoholic beverages);
(18)
Mail/postal center (commercial);
(19)
Marketplace, pedestrian mini-mall, crafters' mall (indoors only);
(20)
Movie theater (indoor only; video arcade machines and/or pool/billiard tables allowed only as an accessory/secondary use);
(21)
Office supply store;
(22)
Optician's dispensary, either with or without an optometrist's or ophthalmologist's office;
(23)
Park or playground;
(24)
Personal service shop—no massage, tattoo or body piercing parlors allowed;
(25)
Pharmacy;
(26)
Print/quick copy shop—no large commercial printing establishments;
(27)
Professional offices;
(28)
Radio, television or microwave antenna (e.g., mast antenna mounted on or concealed within a building), only as an accessory use/structure to the primary use (i.e., no freestanding or self-supporting towers);
(29)
Radio, television or small appliance repair (indoors only; no large appliances such as washing machines/dryers, refrigerators, etc., and no repair of machines with combustion engines such as lawn mowers, all-terrain vehicles, tractors, etc.
(30)
Research and development laboratory;
(31)
Retail sales of gold, silver, coins, stamps, jewelry and other collectibles;
(32)
Retail sales of new merchandise, as distinguished from services, conducted entirely within a building, as well as the incidental display of merchandise wholly under a permanent part of a main building, such as a marquee;
(33)
Retail sales of used books, audio/visual media (e.g., records, CDs, videos, etc.), or collectibles;
(34)
School (public, vocational/technical);
(35)
Shoe repair or tailor shop;
(36)
Shopping/retail center;
(37)
Spa, health studio, fitness center (indoors only);
(38)
Service establishment;
(39)
Specialty shop;
(40)
Veterinary clinic (indoor kennels/pens only);
(41)
Youth/teen entertainment use.
(c)
Planned development uses. Certain land uses other than those specifically cited in subsection (b) above may be permitted in the Town Center District subject to their appropriateness in meeting the purpose and intent of the district, to the general conditions and regulations contained in this section and other sections of this chapter (as may be applicable), and to special regulations or conditions as may be imposed by the planned development application and/or the accompanying site plan and ordinance adopting such planned development. Uses other than those listed above may be considered only if they meet the general purpose and intent, as well as the overall "vision", of the Town Center District.
(d)
Special/temporary uses and events. Certain uses and special events (e.g., a festival, carnival, grand opening or holiday celebration, theatrical/musical performance, arts/crafts show, etc.) other than those listed in subsection (b) above may be permitted in the Town Center District as a temporary use subject to the general conditions and regulations contained in this section, and to other sections of this chapter (as may be applicable). Such special/temporary uses and events shall be subject to review and approval by the city, and shall be sanctioned by the Town Center property owners'/merchants' association. It is intended that the association and/or other entities would plan, coordinate, sponsor and host such special uses/events (except for city-sponsored events), using city assistance and/or resources (e.g., administrative support, policing, traffic control, use of city hall campus grounds, possible limited funding, etc.), as approved by the city council, for certain aspects of the events. Special/temporary uses and events may be considered for city approval only if they meet the general purpose and intent, as well as the overall "vision", of the Town Center District.
(e)
Sale/service of alcoholic beverages.
(1)
The sale, dispensing and otherwise handling of alcoholic beverages directly to the consumer for consumption on the premises shall be permitted only if incidental and secondary to non-alcoholic sales receipts (such as for food, snacks, admission charges for events, souvenirs and similar items), which shall be construed to mean that at least fifty (50) percent of gross receipts must be from the sale of non-alcoholic goods/services. This regulation shall not apply to private clubs operating within hotels and motels.
(2)
Beer may be sold only as incidental to carry-out food sales (such as an outdoor cafe, delicatessen, etc.; excludes drive-in and drive-through eating establishments, which are not permitted within the Town Center District), which shall be construed to mean that gross receipts from alcoholic beverage sales shall be less than gross receipts from carry-out food sales.
(3)
There shall be no service of alcoholic beverages to any person within an automobile.
(f)
General conditions.
(1)
Lot area and coverage requirements.
a.
Minimum lot size.
1.
Nonresidential: Every nonresidential lot within this zoning district shall be at least ten thousand (10,000) square feet in area; however, there shall be no minimum lot size for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance [section 27-16] for the specific development.
b.
Minimum lot width.
1.
Nonresidential: Every nonresidential lot within this zoning district shall be at least eighty (80) feet in width, as measured at the front building line; however, there shall be no minimum lot width for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
c.
Minimum lot depth.
1.
Nonresidential: Every nonresidential lot within this zoning district shall be at least one hundred twenty-five (125) feet in depth; however, there shall be no minimum lot depth for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
d.
Maximum lot coverage.
1.
Nonresidential: No more than fifty (50) percent of the total lot area shall be covered by buildings; however, there shall be no maximum lot coverage for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
e.
Maximum floor area ratio/building lot ratio.
1.
Nonresidential: None specified.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
(2)
Size of dwelling units.
a.
Minimum dwelling unit size.
1.
Nonresidential: Not applicable.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
(3)
Yard and setback requirements.
a.
Minimum front yard.
1.
Nonresidential: Every nonresidential building within this district shall have a minimum front yard setback on street frontages as follows:
(i)
On Hurst Town Center Drive between Thousand Oaks Road and Harwood Road: Ten (10) feet. Said front setback area shall be devoted to sidewalk paving, landscaping in planting beds and/or containers, and other pedestrian-oriented amenities.
(ii)
On Hurst Town Center Drive between Thousand Oaks Road and State Highway 183, on Thousand Oaks Road, and on Campus Drive: Twenty-five (25) feet.
(iii)
On State Highway 183, on Precinct Line Road, and on Harwood Road: Thirty-five (35) feet.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development. A minimum ten-foot front yard setback shall be allowed along either side of Hurst Town Center Drive (unless otherwise stipulated by the PD ordinance) between Thousand Oaks Road and Harwood Road provided that the setback area is devoted to sidewalk paving, landscaping in planting beds and/or containers, and other pedestrian-oriented amenities.
b.
Minimum side yard.
1.
Nonresidential: Every nonresidential building within this district shall have a minimum interior side yard setback of ten (10) feet from adjacent property lines (a side yard adjacent to a street shall be treated as a front yard); however, the interior side yard setback may be reduced to zero feet;(i.e., buildings may be attached with common walls) for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road provided that appropriate building codes are adhered to, and provided that such setback is stipulated in the PD ordinance.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development. The interior side yard setback may be reduced to zero feet; (i.e., buildings may be attached with common walls) for lots located along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road provided that appropriate building codes are adhered to, and provided that such setback is stipulated in the PD ordinance.
c.
Minimum rear yard.
1.
Nonresidential: Every nonresidential building within this district shall have a minimum interior rear yard setback of ten (10) feet from adjacent property lines (a rear yard adjacent to a street shall be treated as a front yard), unless otherwise stipulated in the PD ordinance.
2.
Residential: To be reviewed and considered along with PD application and site plan, and to be established by the PD ordinance for the specific development.
d.
Additional setback from single- and multi-family residential uses.
1.
Nonresidential: Every nonresidential building within this district that is constructed on property adjacent to a single- or multi-family residence shall have an additional setback from the adjacent single- or multi-family property line of two (2) feet in distance for each one (1) foot of building height in excess of thirty-five (35) feet.
2.
Residential: None required.
(4)
Height restrictions. None specified, provided all setback requirements from single-family and multi-family residential uses, as provided in subsection (3)d. above, are adhered to.
(5)
Outdoor activities and restrictions.
a.
The incidental display, storage and sale of merchandise out-of-doors is permitted as an accessory use only on lots fronting onto either side of Hurst Town Center Drive and between Thousand Oaks Road and Harwood Road. All sales of such merchandise shall be consummated indoors, and no cash register or package wrapping counter shall be located out-of-doors. The outdoor display of merchandise shall be confined to pedestrian walkways (i.e., sidewalk areas); shall not be located within any street, driveway, drive aisle or parking spaces; and shall not block or otherwise significantly impede pedestrian or vehicular circulation on the site or on adjacent properties. If merchandise is displayed for sale on a sidewalk, then a minimum four-foot wide pathway must be kept clear of obstructions for pedestrian circulation.
b.
The outside storage of waste or recyclable materials, inoperable or junked vehicles, automotive parts or components, heavy equipment, trailers, raw or salvaged materials, construction materials, or finished products is prohibited within the Town Center District.
c.
Any permitted outside storage/activity area shall be paved with an all-weather surface such as concrete, asphalt or pavers, and no materials may be stacked or stored on the roof of any building nor higher than the required screening wall or fence.
(6)
Screening. All applicable screening and fence/wall provisions of section 27-21 apply, except as expressly provided in the following sections.
a.
Screening fence and wall requirements. Where required, screening fences and walls shall be erected to a height of not less than six (6) feet in height nor greater than eight (8) feet in height, unless otherwise provided herein. Such screening fence or wall shall be permanently and adequately maintained by the owner of the property upon which the fence or wall is erected. For any screening fence or wall required within this zoning district, only the following types of walls or fences shall qualify as such:
1.
Decorative masonry wall or fence. Decorative masonry walls or fences shall be constructed with both sides finished to be compatible with the building(s) on the property, and they shall be constructed of any of the following materials: native stone, brick, or pre-stressed concrete panels with decorative concrete masonry units. In no case shall common, smooth-faced masonry units be used for screening within the Town Center District.
2.
Decorative wrought iron fence with a living landscape screen. Decorative metal (hollow steel or solid stock aluminum) fence having a "wrought iron" appearance, and supplemented with large evergreen shrubs and overstory trees to effectively produce an opaque, yet attractive, screening effect. Fence shall be constructed with decorative masonry columns supporting decorative metal panels. Screening shrubs shall achieve a height of six (6) feet within three (3) years of installation, and shall be planted close enough together to achieve an opaque screening effect within the same amount of time. All screening landscaping shall be maintained in a healthy, growing condition, and shall be watered with an automatic underground irrigation system.
3.
Combination decorative masonry/wrought iron screening fence with landscaping. Constructed of a combination of decorative masonry columns and wall panels, alternated with decorative metal fence panels and supplemented with large evergreen shrubs and overstory trees to effectively produce an opaque, yet attractive, screening effect. Screening shrubs shall achieve a height of six (6) feet within three (3) years of installation, and shall be planted close enough together to achieve an opaque screening effect within the same amount of time. All screening landscaping shall be maintained in a healthy, growing condition, and shall be watered with an automatic underground irrigation system.
b.
Conditions and requirements.
1.
Screening of outside storage/activity areas. All outside storage/activity areas (including loading docks, service/delivery areas, and outside storage of materials and supplies) shall be screened from all adjacent property and from public rights-of-way by an opaque screening device as provided in subsection (6)a. above.
2.
Screening required next to residential areas. All nonresidential uses within this district shall provide (and maintain) a decorative masonry screening wall not less than six (6) feet in height along the entire length of the common property line between said nonresidential use and any property used for single- or multi-family dwellings, unless said decorative masonry wall (or some other acceptable screening device) was constructed previously by the residential development.
3.
Screening of loading docks. All loading docks and service/delivery areas shall be located behind the main building(s), and shall be screened from view from adjacent properties and public streets by a decorative masonry screening fence or wing wall that is compatible in appearance with the main building(s).
4.
Screening of refuse storage areas. All refuse facilities (e.g., dumpsters, compactors, etc.) shall be screened from view from adjacent properties and public streets by a decorative masonry fence not less than eight (8) feet in height. A solid wood or metal gate is required on one (1) of the four sides of the screening fence for access by solid waste disposal vehicles. No refuse storage area may be located closer than twenty-five (25) feet to any property used for single- or multi-family purposes except for refuse containers which serve the residential dwellings.
5.
Screening of roof-mounted equipment. All roof-mounted mechanical equipment (including a satellite dish) which rises above the roof line of any building or structure shall be screened from view from any public street with a parapet wall that is consistent, compatible and integrated with the building.
6.
Screening of meters and utility devices. All storage tanks, pad-mounted utility equipment, gas meters, transformers, ventilation, air-conditioning equipment and maintenance facilities shall be screened from view from any public street.
(7)
Exterior wall surfaces.
a.
The design and architectural style of all buildings within the Town Center District shall be compatible with other nearby existing buildings within the district, and shall make a positive visual contribution to the overall image of the district (see illustrations for examples of building facade treatments). The determination of whether the design of a proposed building is compatible with, and complementary to, the general purpose, intent and overall "vision" of the Town Center District shall be made by city council upon approval of the PD for a specific property, and upon adoption of the PD ordinance.
b.
All building facades (i.e., elevations) shall be finished and articulated such that they present an attractive appearance on all sides of the building.
c.
All buildings hereafter erected, renovated on the exterior, or reconstructed within the Town Center District shall be one hundred (100) percent masonry exterior (excluding windows and doors). Insets, such as porches and breezeways, shall also be subject to the minimum masonry requirement.
Certain other exterior finish materials may be considered during the site plan review/approval process provided that such materials represent a "specialty theme" for the particular business, and subject to a finding by the city that the proposed exterior finish materials are compatible with the spirit and intent of the Town Center District.
d.
Only the following materials shall be considered as meeting the masonry requirements for this zoning district: natural stone, brick, pre-stressed concrete panels, stucco and/or decorative concrete masonry units of the following types: split-face, fluted, castle rock, shadow rock, scored and/or glazed (the use of other materials such as common smooth-faced masonry units or metal siding may be considered during the site plan review/approval process, per subsection c. above).
1.
Within the area along either side of Hurst Town Center Drive between Thousand Oaks Road and Harwood Road, materials to be used to meet the masonry requirements for this zoning district shall include natural stone, brick and/or decorative concrete masonry units (as described above). The use of other materials such as common smooth-faced masonry units, metal siding, stucco, EIFS or pre-stressed concrete panels may be considered during the site plan review/approval process, per subsection c. above).
e.
Exterior building elevations shall be submitted along with the site plan and all other application materials for the PD zoning request, and shall be reviewed and approved as part of the PD ordinance. Minor modifications to the building elevations may be approved later by city staff, if necessary, in accordance with subsection 27-16(f).
(8)
Parking and loading. All uses within this district shall be required to meet the off-street parking and loading requirements as contained in section 27-20 except for the following exceptions, conditions and/or requirements:
a.
Portions of section 27-20 excluded. Conditions and regulations contained in section 27-20 that are hereby specifically excluded from the Town Center District include:
1.
Subsection 27-20 (d)(4); and
2.
Subsection 27-20 (d)(6).
b.
Space standards.
1.
A marked space that is nine (9) feet wide by eighteen (18) feet deep with unobstructed access to a public street shall be deemed to be a parking space for one (1) vehicle.
2.
Table 20-2 is incorporated into and made a part of these regulations, and shall be used in determining capacity of off-street parking areas.
3.
Table 20-3 is incorporated into and made a part of these regulations, and shall be used in determining the minimum number of parking spaces required for each type of land use.
4.
Unless otherwise specified, a space that is twelve (12) feet by thirty (30) feet, with a clear height of fourteen (14) feet and with unobstructed access to a public street or private drive, shall be deemed to be a loading space for one (1) vehicle.
c.
Shared and/or reduced parking. Opportunities for shared and/or reduced parking requirements may be approved as a special stipulation of a PD ordinance within the Town Center District. Shared/reduced parking may be allowed in the case of mixed uses (different buildings or multi-tenant buildings) under certain conditions. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.) may be provided and/or used jointly by banks, offices and similar uses not normally open, used or operated during evening hours. Shared parking spaces must be on the same property, or in close proximity to, the uses they serve. Reduction of parking space requirements due to shared parking shall be considered and approved as part of the PD ordinance. To assure retention of the shared parking spaces, a legally sufficient written agreement assuring the perpetual joint usage of said common parking shall be drafted by the parties concerned, reviewed and approved as to form by the city's attorney, and executed by the property/business owners (with a copy sent to the city for their files). Approval of shared/reduced parking for any site/business may be rescinded by the city council, and additional parking shall be obtained by the affected owners, in the event that the city council determines that such joint use is resulting in a public nuisance due to the inadequate number of parking spaces, or if the arrangement is otherwise adversely affecting the public health, safety or welfare.
d.
Safety and visibility of parking areas. All parking areas within the Town Center District shall be designed such that safety and security are maximized. Parking areas should be visible, well-lighted and placed such that they enhance pedestrian safety and security.
(9)
Sign Regulations. No sign shall be erected or altered at any location in the Town Center District without conforming to the sign regulations contained in section 27-22 with the following exceptions:
a.
Pole signs shall only be allowed on properties having direct frontage to state Highway 183, and shall only be allowed within fifty (50) feet of the highway right-of-way line. Such signs shall not exceed a maximum of fifty (50) feet in height. All other signs within the district shall be either building- or ground-mounted (i.e., monument) in design.
b.
Sign area measurement shall be the sum of the area of the rectangles necessary to enclose each feature, symbol, letter and number displayed per each side of exposed sign message surface.
c.
The following types of signs shall be prohibited within the Town Center District:
1.
Backlit "can" style signs (if a sign is to be backlit, it must do so with individual channel lettering).
2.
Portable (i.e., movable) signs on trailers or non-permanent brackets/ standards, except "sandwich board" style signs shall be allowed along Town Center Drive between Thousand Oaks Road and Harwood Road.
3.
Awnings constructed of a fabric other than cloth or canvas (i.e., plastic or vinyl).
d.
Building sign: One (1) building sign is permitted per street frontage with a maximum total sign area per building side of two (2) square feet per lineal foot of building frontage, up to two hundred (200) square feet of sign area. Signs comprised of individual channel lettering (see illustrations for examples) are encouraged and preferred within the district, particularly along Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
e.
Momument sign: Maximum height - six (6) feet from grade to highest point of sign or support; maximum sign area - one (1) square foot of sign area per lineal foot of street frontage up to sixty (60) square feet of sign area. Ground signs that are comprised of individual channel lettering (see illustrations for examples) on a monument-style base are encouraged and preferred within the district.
f.
The city has the ability, at its option, to approve or construct a sign within or suspended over a street right-of-way.
g.
The city has the ability, at its option, to approve or construct an off-premises pole sign that shows the names of business establishments within the Town Center District.
h.
For properties along Town Center Drive between Thousand Oaks Road and Harwood Road, no freestanding signs shall be allowed. All signs shall be building-mounted unless otherwise approved as part of the PD zoning request or as approved during site plan review.
(10)
Landscaping requirements.
a.
Purpose. The purpose of this section is to describe the general landscaping conditions and requirements which will improve the appearance of certain setbacks, yard areas and off-street vehicular parking areas, and which will protect and preserve the appearance, character, and value of the surrounding area in order to promote the general welfare by providing for the installation and maintenance of landscaping for screening and other benefits.
b.
Landscaped buffer strip. All lots within this district will be required to provide and maintain a landscaped buffer strip (exclusive of driveways approved for ingress and egress) along State Highway 183, Precinct Line Road, Harwood Road, Campus Drive, Thousand Oaks Road and Hurst Town Center Drive. The landscaped buffer shall have a minimum width of ten (10) feet behind the right-of-way line (i.e., located on the site) plus the parkway area located between the street right-of-way line and the curb. The landscaped buffer strip shall be dedicated to the city as a sidewalk and landscape easement for the possible future placement of meandering sidewalks, landscaping and pedestrian amenities.
Trees shall be provided along all street frontages within the required buffer strip in a similar manner (and approximately the same spacing) as those currently in existence along the eastern portion of Thousand Oaks Road such that this street tree theme is perpetuated along all perimeter and interior streets. At least one (1) "signature", or street theme, tree shall be provided along all streets for every twenty-five (25) feet of street frontage (exclusive of driveways). "Signature" trees within the Town Center District shall include live oaks, lacebark elms, cedar elms and red oaks.
For new developments along Hurst Town Center Drive, between Thousand Oaks Drive and Harwood Road, the ten-foot landscaped buffer strip shall include the ten-foot building setback area. Trees may be placed within planting beds or tree wells (with grates) that are recessed into the pedestrian walkway area in front of buildings.
c.
Landscaping for parking lots. In addition to a required landscaped buffer strip, all parking lots which contain twenty (20) or more parking stalls shall have interior parking lot landscaping at a rate of eight (8) square feet per parking space (or fraction thereof). On interior parking lot islands, there shall also be one (1) tree for every fifteen (15) parking spaces (or fraction thereof). All parking lot islands and landscaped areas shall be a minimum of ten (10) feet wide. Where head-in parking spaces are adjacent to a public street or they are designed such that headlights will shine onto a residential area at night (including across a street), a continuous, solid three-foot tall headlight screen shall be provided for the length of the head-in parking spaces. The headlight screen can be a low decorative masonry wall, a low wrought iron fence with decorative masonry columns and shrubs, an undulating berm supplemented with shrubs and ground cover (that effectually creates a "continuous" three-foot visual barrier), or any combination of the above. The headlight screen can be placed within the required landscaped buffer area adjacent to a street frontage.
d.
All landscaped areas shall be protected by a raised, six-inch concrete (i.e., monolithic) curb. Areas where car bumpers will overhang a landscaped area shall be planted in turf or low ground cover only.
e.
Credit for existing trees. An existing or planted tree of at least six (6) inches in diameter and at least fifteen (15) feet in height shall be considered as two (2) trees for the purpose of satisfying the tree requirements herein. Existing trees to be preserved shall be protected during construction, and the area under its dripline shall be left permeable and undisturbed. All newly planted trees shall be planted in a permeable area no less than eight (8) feet in diameter.
f.
Landscape plan. A landscape plan shall be prepared and submitted to the city for processing and approval along with the site plan and prior to development/ redevelopment of any site within the Town Center District. The landscape plan shall be drawn to scale and shall be large enough to adequately show the details of the plan. The landscape plan submission shall consist of plans and/or elevations (as necessary) plus detailed plans of any hardscape elements such as paved areas, walls, fountains, raised planters, berms, tree wells with grates, etc. Specific items which shall be shown include the following:
1.
Size, species and location of all trees to be preserved, and techniques that will be used to protect them during construction;
2.
Location and quantities of all plant and landscaping/hardscape materials to be used including plants, paving, benches, screening devices, fountains, statues and/or other landscape features;
3.
Common name and technical (i.e., Latin) name of all plant materials to be used;
4.
Container/ball size and planted height (above soil) of all plant material to be used;
5.
Spacing of each type of plant material;
6.
Layout and description of irrigation system, including a plan showing placement of all irrigation water lines, location of water meter(s) and double-check assembly(s), location of water sources, etc. - the plan shall also show that all landscaped areas are one hundred (100) percent covered by the irrigation system;
7.
Description of maintenance provisions for the landscaped areas (i.e., property/homeowners association, etc.);
8.
Name, address and telephone number of the person(s) responsible for preparation of the landscape plan. Accompanying the plan will be a set of specifications which will include the following:
(i)
Common and scientific names of all plant materials.
(ii)
Container/ball size, planted height, and quantity of all plant materials.
(iii)
Specifications for developing all supporting site elements.
g.
Installation of landscaping. Except as otherwise provided, all landscaping shall be completed in accordance with the approved landscape plan before a certificate of occupancy is issued for any building on the property. If the property owner provides the building official with documented assurance that the landscaping will be completed within three (3) months, the building official may, at his option, issue one (1) three-month temporary certificate of occupancy and allow the property owner to complete landscaping during the three-month period.
h.
Maintenance. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaped areas. Landscaped areas shall be kept free of trash, litter, weeds, debris and other such materials or plants that are not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. All landscaped areas shall be one hundred (100) percent irrigated by an automatic underground irrigation system.
i.
Conflict with traffic. Where the rigid enforcement of these landscaping requirements will result in a conflict with the visibility requirements of traffic circulation upon or adjacent to the site, the requirements of providing visibility shall override the landscape requirements.
j.
Plant materials. Plant materials which may be used to satisfy the requirements of this chapter include, but are not necessarily limited to, the following:
1.
Trees. Trees referred to in this section shall be of a species common to this area of Texas, and shall have an average spread of crown of greater than fifteen (15) feet crown of spread. Trees shall be a minimum of twelve (12) feet in height, with a minimum three-inch caliper at the time of planting. Acceptable species include, but are not necessarily limited to, the following:
Bald Cypress Taxodium distichum Cedar Elm * Ulmus crassifolia Lacebark Elm * Ulmus parvifolia Pecan Carya illinoinensis Chinese Pistache Pistacia chinensis Bur Oak Quercus macrocarpa Southern Red Oak * Quercus falcata Texas Red Oak * Quercus texana Chinkapin Oak Quercus muehlenbergii Shumard Oak * Quercus shumardii Sweet Gum Liquidambar styraciflua Green Ash Fraxinus pennsylvanica Live Oak * Quercus virginiana Western Soapberry Sapindus drummondii Black Jack Oak Quercus marilandica Eastern Red Cedar Juniperus virginiana Southern Magnolia Magnolia grandiflora Slash Pine Pinus Elliotii Japanese Black Pine Pinus thunbergiana Afghan Pine Pinus eldarica Mexican Plum Prunus mexicana River Birch Betula nigra Aristocrat Pear Pyrus calleryana "Aristocrat" Bradford Pear Pyrus calleryana "Bradford" Chaste Tree Vitex Agnus-castus * Note: Trees marked with an asterisk (*) are designated as "Signature" trees for the Town Center District.
2.
Shrubs and hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting, except for dwarf species which shall be of a height that is customary for their container size. Screening hedges, where installed, shall be planted and maintained so as to create a continuous, unbroken, solid visual screen which will be six (6) feet high within three (3) years after time of planting. Headlight screens for parking areas shall attain a height of three (3) feet within one (1) year after time of planting. Acceptable species for shrubs include, but are not necessarily limited to, the following:
Dwarf Crape Myrtle Lagerstroemia indica "nana" Dwarf Burford Holly Ilex cornuta "Burfordii nana" Fraser's Photinia Photinia Fraseri Japanese Barberry Berberis Thunbergii "Atropurpurea" Pampas Grass Cortaderia Selloana Juniper Species Juniperus chinesis spp. Acceptable species for a solid evergreen (i.e., screening) hedge (as well as for other landscaping applications) include, but are not necessarily limited to, the following:
Elaeagnus Elaeagnus
macrophyllaBurford Holly Ilex cornuta "Burfordi" East Palatka Holly Ilex opaca "East Palatka" Savannah Holly Ilex opaca "Savannah" Foster's Holly Ilex attenuata "Fosteri" Nellie R. Stevens Holly Ilex cornuta "Nellie R. Stevens" Yaupon Holly Ilex vomitoria Chinese Photinia Photinia serrulata Fraser's Photinia (red tip) Photinia Fraseri Pyracantha Pyracantha coccinea Cherry Laurel Prunus caroliniana Japanese Ligustrum Ligustrum japonicum Glossy Privet Ligustrum lucidum Eastern Red Cedar Juniperus virginiana Leyland Cyprus Cupressocyparis
leylandii(g)
Existing nonconforming uses, buildings and lots. A building or lot that was legally constructed/platted (and a land use that was lawfully operating) prior to the effective date of this section shall be deemed to be nonconforming to applicable portions of the Town Center District regulations, and shall be allowed to continue indefinitely provided that it is not expanded, enlarged, razed and reconstructed, moved, or otherwise modified from its original state. If said building, lot or land use is discontinued or abandoned (for six (6) months or longer), any future use of said premises shall be in conformity with the provisions of this section. No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased following the effective date of this section. A nonconforming use occupying a structure shall not be changed to another nonconforming use. Any existing vacant lot that was platted prior to the effective date of this section, which was legally conforming, shall be deemed a conforming lot.
(h)
All development sites within the Town Center District shall be submitted, reviewed and approved as planned developments, in accordance with section 27-16. Any planned development created within the TC district shall adhere to the development regulations contained herein (section 27-15.2) unless certain of these regulations are stipulated otherwise within the ordinance establishing the planned development.
(i)
All new (or renovated/reconstructed) developments within the Town Center District shall require site plan approval prior to construction/reconstruction.
(j)
All street and site lighting shall be complementary to the spirit and intent of the Town Center District, and shall be compatible with decorative lighting fixtures already in place along street frontages (e.g., in median on Thousand Oaks Road) and on the City Hall campus. All street lighting fixtures along street rights-of-way shall be equipped with mounting brackets for the future placement of decorative banners.
(k)
All new driveway openings within the Town Center District shall include a ten-foot wide strip of brick pavers inlaid into the concrete (e.g., like the City Hall campus and the AmeriSuites hotel site).
(l)
Placement of utilities. All utility lines (e.g., electrical, telephone, cable television, etc.) shall be placed either underground or away from street frontages (i.e., not visible from streets), wherever possible, particularly along Hurst Town Center Drive between Thousand Oaks Road and Harwood Road.
(Ord. No. 1670, § 2, 5-25-99; Ord. No. 1893, § 4, 11-25-03)