Douglass Township City Zoning Code
ARTICLE XVI
MU Office and Mixed-Use Planned Development
§ 265-129 Declaration of legislative intent.
The following is an expansion of the Statement of Community Development Objectives contained in Article I of this chapter. It is the intent of this article to provide for office uses and allow for the continuation and reinforcement of the Gilbertsville village character, currently a mix of residences, stores, offices and institutional uses. Further, it is the intent of this article to:
A.
Provide employment centers in close proximity to existing and future high density residential development to reduce commuting distance for the workforce.
B.
Encourage activity and employment centers in locations with ease of access from highway interchanges to reduce the overall impact of traffic on Township streets.
C.
Allow for a balanced combination of offices, stores and shops, hotels and inns, residences and recreation in one district in proximity to each other to enable safe and convenient pedestrian circulation between uses as well as to encourage day and evening, weekday and weekend activity.
D.
Serve the need for community open space such as trails, parks and plazas near the center of Gilbertsville.
E.
Minimize the traffic hazard of multiple driveways by controlling access points in unified developments.
§ 265-130 Permitted uses.
A building or other structure may be erected, altered, or used, and a lot may be used or occupied for any of the following purposes. The following uses, and no others, are permitted.
A.
By-right uses:
(1)
Use E-2: Business/Professional Office.
(2)
Use E-5: Research Facility.
(3)
Use F-5: Parkland.
(4)
Use G-1: Adult/Child Day-Care Center.
(5)
Use G-2: Group Day-Care Home.
(6)
Use D-15: Marijuana Dispensary.
(7)
Use D-24: Retail Establishment.
(8)
Use F-4: Theater.
(9)
Use D-4: Bank/Financial Institution.
(10)
Use D-5: Bed and Breakfast.
(11)
Use D-18: Overnight Lodging (Hotel, Motel, Tourist Home, Rooming House).
(12)
Use D-20: Personal Service/Care.
(13)
Use C-7: Multifamily Development.
(14)
Use C-3: Single-Family Attached Dwelling (Townhouse).
(15)
Use C-4: Single-Family Semi-Detached Dwelling (Twin).
(16)
Use C-5: Two-Family Detached Dwelling (Duplex).
(17)
Use G-7: Library or Community Center.
(18)
Use D-16: Microbrewery/Microdistillery/Microwinery.
(19)
Use D-22: Restaurant, Dine-In.
(20)
Use D-23: Restaurant, Take Out.
B.
Conditional uses:
(1)
Use B-3: Community Garden.
(2)
Mixed-use planned developments are allowed as a conditional use provided the proposed development meets the conditional use criteria specified in § 265-132 of this chapter, as well as all other requirements of this chapter. In a mixed-use planned development a building or group of buildings may be erected, altered or used and a lot may be used or occupied for any of the following uses or combination of uses as listed above in § 265-130A.
C.
Accessory uses:
(1)
Use A-2: Nonresidential Accessory Structure.
(2)
Use A-5: Fences and Walls.
(3)
Use A-7: Family Day-Care Home.
(4)
Use A-14: Drive-Through Facility.
(5)
Use A-14: Mobile Food Vendor.
(6)
Use A-12: Communications Antennae. Special exception approval required if more than 15 feet higher than the structure on which it is mounted, or if not mounted on an existing structure.
(7)
Use D-19: Parking Structure.
(8)
Use A-9: Accessory Roof-Mounted Solar Energy System.
(9)
Use A-11: Outdoor Dining.
§ 265-131 Mixed-use requirements.
Every mixed-use planned development shall contain office, retail, residential and open space uses and may contain hotels. Each use shall fall within the following ranges of utilization, based on the total gross floor area of the development. Gross floor area used for parking should not be included in the calculations.
Use Type | Minimum % | Maximum % |
|---|---|---|
Office/entertainment/institutions | 10 | 60 |
Retail and restaurants | 10 | 50 |
Residential | 10 | 50 |
Common open space | 15 | — |
§ 265-132 Conditional use criteria.
An application for a conditional use as specified in § 265-132 pursuant to § 265-260 of this chapter shall be accompanied by the following information, and subject to the following requirements:
A.
Minimum tract size: 25 acres.
B.
Location. The tract of land to be developed shall have direct vehicular access to at least two existing roads classified as feeders or higher road classification within the Township's 1976 Comprehensive Plan.
C.
The applicant shall construct all proposed roads shown in the 1988 Comprehensive Plan that cross or abut the property.
D.
Residential uses shall not face Route 100 or any collector road.
E.
Traffic impact analysis. A traffic impact study shall be required for any mixed-use planned development. Such study shall be prepared by a professional traffic engineer and shall address the ability of adjoining streets and intersections to safely handle the traffic generated by the proposed mixed-use development. In addition, all adverse effects of traffic generated by the mixed-use development shall be corrected by the applicant. The following topics should be addressed in the traffic impact study:
(1)
Traffic impact on adjacent roadways, intersections and interchanges.
(2)
Description of traffic characteristics of the proposed development.
(3)
Traffic volumes for average daily traffic at peak hours, before and after the proposed development.
(4)
Source of trip generation rates used.
(5)
Documentation of on-site and off-site improvements proposed to mitigate any adverse impacts.
(6)
All other information, findings, conclusions and recommendations necessary to produce a complete analysis and compliance with accepted traffic engineering principals and practice.
§ 265-133 General district regulations.
The following regulations shall apply to any mixed-use development proposal.
A.
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
B.
Land development. The application for land development shall be accompanied by a plan showing in detail the proposed use of the entire tract. The plan shall clearly designate the proposed uses of each portion of the tract.
C.
Phasing. The development of a mixed-use planned development may be executed in phases according to a phasing plan submitted by the applicant and approved by the Board of Supervisors; this development shall be executed in accordance with a development agreement. Until 50% of the site's total proposed gross building square footage is constructed, each phase shall contain at least two of the use types listed in § 265-131 of this chapter and no single use shall comprise more than 60% of the total building square footage of any particular phase. After half of the site's building square footage has been constructed, there are no mix requirements for the phases.
D.
Sewer and water facilities. All buildings in a mixed-use planned development shall be served by public water facilities and public sanitary sewer facilities subject to the approval of any applicable agency.
§ 265-134 Dimensional standards.
The following are the dimensional standards for mixed-use planned developments.
M-U Dimensional Requirements | |
|---|---|
Maximum building coverage* | 25% of the total tract size |
Maximum impervious coverage** | 65% of the total tract area |
Maximum individual building size for commercial and office uses | 30,000 sq. ft. |
Maximum height | 3 stories or 45 ft. |
Minimum building setback: | |
From ultimate right-of-way of any public street or highway, except for residential uses from limited access highways | 25 ft. or height of building |
Residential uses from limited access highways | 100 ft. |
From any tract boundary abutting land zoned or used for residential or institutional use | 100 ft. |
From a tract boundary abutting land used or zoned for nonresidential use | 50 ft. |
From parking and/or driveways | 20 ft. |
From drop-off areas located at major building entrances | 10 ft. |
From floodplain boundaries | 25 ft. |
From other buildings on the tract | 35 ft. |
Minimum parking setbacks: | |
From the ultimate right-of-way of any public street or highway | 20 ft. |
From residential or institutional uses or districts | 25 ft. |
From all other tract boundaries | 20 ft. |
From floodplain boundaries | 25 ft. |
Notes: | |
|---|---|
* | Building coverage is the percentage of the total lot area covered by the principal building. |
** | Impervious coverage is the percentage of the total lot area covered by buildings and paved surfaces which do not permit water to penetrate into the soil. This includes buildings (both principal and accessory), parking, driveways, walks, courts, pools (swimming and ornamental) and patios, unless constructed of pervious or porous materials, as determined by the Township. |
§ 265-135 Parking and access requirements.
Access Drives. No more than one access point per 500 feet of proposed or existing street frontage is permitted, unless a traffic study provides convincing evidence otherwise, and upon recommendation of the Township Engineer.
§ 265-136 Common open space and plaza standards.
A.
A minimum of 15% of the total tract area shall be in common open space. Common open space shall conform to the regulations set forth in § 265-73 of this chapter.
B.
Required open space areas shall only consist of plazas, central greens, playing fields, playing courts, playgrounds, trails, greenways with trails, pedestrian malls, promenades, picnic areas, and other similar types of usable public spaces.
C.
Required open space areas shall be designed as focal points within the development. Public access shall be guaranteed to all required open space through a deed restriction or other means acceptable to the Douglass Township Supervisors.
D.
Plaza areas shall be provided in accordance with the following standards:
(1)
All nonresidential uses are required to provide plaza space equal to no less than 2% of the total nonresidential gross floor area.
(2)
Plaza areas shall be located within 100 feet of each nonresidential use and shall be encouraged to be located at the main entrance to the building(s) or by a gathering place such as a cafeteria.
(3)
The plaza shall have a fifteen-foot minimum width, and main walkways within the plaza shall be at least six feet wide.
(4)
Plazas shall be connected with the overall pedestrian system by at least one major walkway and shall be integrated with the landscape plan.
(5)
Plazas shall have seating at the rate of two linear feet of bench, seating wall or seating steps per 250 linear feet of plaza.
(6)
At least 25% of the plaza shall be landscaped with trees, shrubs, and mixed plantings with year-round interest. One tree is required for every 500 sq. ft. Trees shall be 3.5 inches in caliper.
(7)
Lighting shall be provided.
(8)
Trash and recycling containers shall be distributed throughout the plaza and maintained by the property owner.
§ 265-137 Landscape plan.
A landscape plan prepared by a licensed landscape architect shall be submitted with each plan application. The plan shall identify existing and proposed trees, shrubs, groundcover and natural features such as floodplains, steep slopes and rock outcroppings. When existing plants are proposed to remain, the applicant shall show in the plans the proposed methods to protect the plants during and after construction. The following regulations shall also apply:
§ 265-138 Pedestrian circulation.
A.
Walkways shall be provided throughout the site at the following locations:
(1)
Walkways shall be provided along all public streets and shall link up with walkways on abutting tracts.
(2)
An interior pedestrian circulation system, that is independent of the street walkway system yet connects to it, shall link all activity areas and destination points, including parking areas, plazas, recreational open spaces, building entrances, off-site locations and other destination points.
(3)
Developments shall be designed to support existing and/or future public transportation service through the provision of transit shelters, public transportation pick-up areas, roads and driveways designed to handle the weight and length of a forty-foot bus, and other similar features.
B.
Design criteria. All walkways shall meet the following design standards:
(1)
The walkways shall form a continuous, coordinated pedestrian system.
(2)
Residential walkways shall be at least six feet in width and nonresidential walkways shall be at least eight feet in width.
(3)
A minimum five-foot landscaped verge shall be provided between nonresidential walkways and the street.
(4)
Walkways shall be "barrier free" for handicapped individuals and shall facilitate easy pedestrian movement for all people, regardless of physical condition.
(5)
Walkways shall be comprised of materials that are compatible with the architecture, durable, easily maintained and non-slip.
§ 265-139 Design standards.
A mixed-use planned development shall be designed with a unified architectural scheme, to include building facades, street furniture, signs and lighting standards. The following regulations shall also apply:
A.
The maximum length of any single building shall be 230 feet.
B.
The use of traditional building materials such as local stone and wood is encouraged.
C.
Facades shall be varied to provide contrast of texture and materials. Blank walls shall not be permitted along any exterior wall facing a street.
D.
Front facades of buildings shall be oriented towards existing and proposed streets, with an every day entrance in the front facade. Building with multiple front facades shall have entrances in each front facade, or have corner entrances.
E.
Ground floor facades of retail, restaurant, and related uses facing a street shall comprise a minimum of 50% clear window area, with windows providing views of display areas or the inside of the building.
F.
Any building facade which faces a parking or loading area, street or other public space shall receive decorative treatment similar to all other facades.
G.
Buildings and parking areas shall be laid out to minimize disruption of the site's natural features.
I.
Architectural renderings shall be submitted with the plans.
§ 265-140 Private ownership and maintenance of common elements.
Common elements including, but not limited to, open space, recreation, plazas, roads, parking, sewer, water and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors, upon recommendation of the Township Solicitor. Such private ownership shall be governed by the following:
B.
Perpetual maintenance shall be guaranteed by condominium indenture or similar instrument, approved by the Board of Supervisors, upon recommendation of the Township Solicitor, which instrument:
(1)
Shall be recorded with the Recorder of Deeds of Montgomery County simultaneously with the recording of the final plan.
(2)
Shall restrict the common elements by deed restrictions granting the Township the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before formation of a homeowner's or businessmen's association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen major maintenance requirements.
(d)
Funds for professional management.
(4)
Shall authorize the Township to maintain the common elements and assess the private ownership accordingly if private ownership fails to function as required in the private agreements.
(5)
Shall authorize the Township to bring the common elements up to Township standards and assess the private ownership for the improvement of the common elements.
§ 265-141 Financial subdivision.
The land directly under nonresidential buildings and residential buildings not located on a separate lot may be subdivided for mortgage purposes only. The lots which are created shall follow the building footprint and shall be exempted from design, bulk, location and coverage requirements, which are intended for application to the development as a whole. However, the development as a whole, including all financially subdivided lots, must be able to meet all the requirements of this chapter. The foregoing shall be approved only if there is provided a duly executed and acknowledged agreement, to be recorded at the time of subdivision in a form acceptable to the Township Solicitor, which:
A.
Requires each of the subdivided lots to be operated and maintained as an integral part of the previously approved development plan in accordance with these regulations.
B.
Ensures that each lot will have permanent means of access, adequate parking and use of common facilities.
C.
Prohibits the said lots from being treated as separate development parcels at a future time.