Downingtown City Zoning Code
ARTICLE XIIIA
MU Mixed-Use Overlay District
§ 287-65.1 Intent.
Provisions for the Mixed-Use Overlay District have been enacted to:
A.
Comply with Article VII-A of the Pennsylvania Municipalities Planning Code,[1] Act 247, as amended, in particular, those purposes and objectives listed in § 10701-A of Article VII-A such as encouraging innovation for mixed-use pedestrian-oriented development; extending opportunities for housing; encouraging a more efficient use of land; allowing for integrated, mixed-use, pedestrian-oriented neighborhoods; establishing public space; minimizing traffic congestion; and fostering a sense of place and community.
[1]
Editor's Note: See 53 P.S. § 10701-A et seq.
B.
Implement the Downingtown Borough Comprehensive Plan, and the Downingtown Borough Urban Center Revitalization Plan.
C.
Emulate compact, mixed-use, walkable places in other viable portions of Downingtown Borough.
§ 287-65.2 Conditions of eligibility.
A.
All development in the MU Overlay District shall be by conditional use and overlay the I-2 and I-3 Districts.
B.
Any tract to be developed shall be served by public sewer and public water.
C.
Any tract to be developed shall be accompanied by a detailed manual of design guidelines to be prepared by the landowner, as set forth in this article.
§ 287-65.3 General design principles.
Design and development in the MU Overlay District shall comply with the following design principles:
A.
Overarching design principles.
(2)
Refer to the more specific Manual of Written and Graphic Design Guidelines (as per Section 708.A. of the MPC) that shall be prepared by the applicant, and subject to approval by the Borough for matters pertaining to architecture, building materials, urban design, streetscape design, fences, walls, landscaping, and the like.
B.
Street and alley network. The success of the fabric of the MU Overlay District will be based in part on an effective and continuous street and alley network. Through streets enhance connections between neighborhoods. The alley relieves the frontage street from certain service functions, preserves the streetscape without curb cuts, and allows buildings to be placed forward on the lot to provide curb appeal.
(1)
A network system of interconnected streets and alleys should be created to effectively accommodate vehicular and pedestrian circulation.
(2)
Cul-de-sac streets shall be prohibited.
(3)
Any development adjacent to existing streets and alleys should include extensions thereof to serve new development or redevelopment.
(4)
The street rights-of-way from the MU Overlay District shall be extended to connect to adjoining tracts.
(5)
Extensions of existing streets and alleys should be named similarly to such streets and alleys.
(6)
The streets within the MU Overlay District are intended to be village-like, not like a highway and not like a conventional suburban road. The street widths, curb radii, center line horizontal alignment, and on-street parking conditions shall be in accordance with the detailed manual of written and graphic design standards to be prepared by the landowner.
(7)
Streets should have minor deflections in their alignment to provide short, curving vistas.
C.
Alley. The alley is very important in that it allows for the preservation of the frontage of the lot, without curb cuts, so that the buildings and sidewalk system can be oriented to the pedestrian.
(1)
Two-way alleys shall be 16 feet in width to provide adequate lanes for two-way travel.
(2)
Since alleys are a type of a street typically providing secondary vehicular access to the rear or side of the lot, garages should be located on either side of the alley approximately 32 feet to 52 feet apart from one another on opposite sides of the alley as follows:
(a)
When an eight-foot-deep driveway is built to allow for vehicles to park parallel to the sixteen-foot-wide alley, the garages shall be 32 feet apart from one another.
(b)
When an eighteen-foot-deep driveway is built to allow for vehicles to park perpendicular to the sixteen-foot-wide alley, the garages shall be 52 feet apart from one another.
(3)
Alleys typically have no required sidewalks or curbs.
(4)
Alleys shall be landscaped with trees, shrubs and fencing.
D.
Building height/width/proportion.
(1)
New individual commercial or civic buildings shall be no wider than 36 feet, unless designed with bays and offset by a one-foot-to-four-foot recess or projection at intervals of 36 feet.
(2)
No more than five attached dwellings shall be built in a row, and attached residential units shall not exceed 130 feet along the primary frontage.
(3)
Staggered heights. No more than two adjoining units shall have the same building height so as to create visual interest. Building heights shall vary by at least two feet for residential buildings. Commercial buildings may have a parapet wall of up to four feet in height to provide visual interest.
E.
Streetscape. The streetscape is the overall environment along the street which projects the character of the MU Overlay District, including features such as the street wall at a build-to line, sidewalks, on-street parking parallel to the curbline, street trees, and buildings with porches.
(1)
The maximum street width for any new interior street shall be 36 feet, with on-street parking on both sides within seven-foot-wide parking bays. There shall be two travel lanes of 11 feet each.
F.
Street wall, building location, and build-to line. The street wall is the line which is generally formed by the walls of the buildings along the street. The street wall helps to define the overall streetscape space and, therefore, the "outdoor room" character of the streetscape. Building location is critical to the creation of the "public realm" of the MU Overlay District. The streetscape character of the place is formed by buildings located close to the sidewalk to promote a pedestrian-friendly frontage. The build-to line is a line which defines the placement of the building from the street on which the building fronts. Other structures, such as a wall or a fence, could be placed at the build-to line.
(1)
The street wall of any building shall be the same as the adjoining buildings on the block, to promote a continuation of the streetscape character and space.
(2)
If any offsets to the street wall are designed, such as recesses or projections, such offsets shall not exceed four feet.
(3)
Variations to the vertical expression of a new commercial or civic building at the street wall should be made at intervals up to 36 feet so that the typical shop front width is repeated in any commercial building.
(4)
On a corner lot, the build-to line should be on both sides of the lot on which the building has street frontage.
(5)
Whenever a front porch, portico, or stoop is involved, it shall be placed on the build-to line.
(6)
The build-to line may have up to a four-foot offset for a recess or projection, in order to provide variety and diversity in building location relative to the street.
(7)
Buildings shall anchor corners where streets and/or alleys intersect to the maximum extent possible. However, the Borough Council may permit a pedestrian-accessible green with civic art at street corners.
(8)
On lots where there are existing buildings that are already set back from the street wall line, existing buildings shall be adaptively reused within the existing footprint, and thirty-six-inch-to-forty-two-inch-high walls should be placed to form the street wall line.
G.
Parking, off-street.
(1)
Off-street parking shall be located to the rear of building. Parking shall be accessed from alleys.
(2)
Off-street parking shall never be located at a street corner, as buildings should anchor the corners of streets.
(3)
Guest parking shall be provided at a ratio of 0.25 guest parking spaces per residential unit calculated over the entire development within 500 feet of all residential buildings.
H.
Parking lots.
(1)
Any new open-air surface parking lots shall be concealed by buildings, low walls, hedges or other landscaping, or by opaque fencing.
(2)
Parking lots shall be landscaped so that their interiors have at least 10% of the otherwise paved area devoted to landscaping.
(3)
If a new parking lot is built on the side of a building, or in front of a building, a wall of 36 inches to 42 inches in height should be constructed at the build-to line to provide an element of continuity along the streetscape in the form of a street wall.
I.
Parking, on-street. On-street parking helps to insulate pedestrian traffic from vehicular traffic.
J.
Sidewalks, walkways, crosswalks, and pedestrian links. Sidewalks help to create a continuous pedestrian walkway network. Sidewalks provide a critical element for "wayfinding" as part of the streetscape and public realm of the MU Overlay District, and for exercise and passive recreation.
(1)
Sidewalks shall be placed on both sides of all streets to enhance pedestrian circulation.
(2)
Sidewalks shall be a minimum width of four feet six inches in residential areas, and six feet zero inches in commercial areas.
(3)
Concrete sidewalks shall be constructed with a minimum two-inch-wide smooth trowel finish at all joints, and a broom finish internally.
(4)
Sidewalks shall be maintained, repaired, and extended on an ongoing basis.
(5)
Crosswalks shall be at least six feet in width, and shall be made with unit pavers [such as E. P. Henry Mediterranean Stone (Z-brick)].
K.
Streetlights.
(1)
Streetlights shall be no higher than 16 feet, and shall be placed no further than 80 feet apart.
(2)
Streetlight types shall be subject to Borough approval and shall be in character with the pedestrian-oriented mixed-use streetscape.
(3)
No light shall be attached to a building that would be unshielded or create trespass glare off the property.
L.
Street trees/shade trees and other landscaping. Street trees add charm, beauty and shade to streets. Street trees also provide a landscape architectural complement to the architectural alignment of buildings.
(1)
Street trees shall be maintained and replaced if they become damaged, diseased or otherwise die.
(2)
Street trees shall be placed at forty-foot intervals along both sides of all new streets, or along streets where there are no existing street trees. Such trees shall be at least two-and-one-half-inch caliper at the time of planting, and the type of such trees shall be approved by the Borough Council.
(3)
Species for street trees and shade trees may include species such as those listed below, and others approved by the Borough:
(4)
Landscape design shall also include fences and walls to soften and screen the appearance of parking areas.
(5)
All landscape materials should conform to the current edition of the "American Standard for Nursery Stock" of the American Nursery and Landscape Association.
§ 287-65.4 Use regulations.
A.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Single-family attached dwellings.
(3)
Multifamily dwellings.
(4)
Cafe, restaurant, antique shop, gift shop, corner store, farmers/growers market, newsstand, florist, jeweler, dress shop, art gallery, bank, and offices with no individual building exceeding 8,000 square feet in gross floor area on the ground floor.
(5)
Personal service shops such as barber, beauty salon, shoe repair, tailor, dressmaking, and pickup station for laundry and dry cleaning.
(6)
Live-work units.
(7)
Hotel.
(8)
Bed-and-breakfast.
(9)
Civic use.
(10)
Daycare.
(11)
Outdoor active and passive recreational use.
(12)
Municipal use.
§ 287-65.5 Density, housing mix, use composition, and open space requirements.
A.
The maximum gross density shall not exceed 7.5 dwelling units per gross acre for the portion of the tract devoted to residential use.
B.
Use composition. No more than 80% of the total tract area shall be devoted to retail and commercial uses and/or civic uses.
C.
A minimum of 10% of the gross tract area shall be designated and maintained as common open space as follows:
§ 287-65.6 Area and bulk regulations.
The following lot size, lot width, yards, and lot coverage regulations shall apply:
§ 287-65.7 Procedure for approval of development.
A.
All applicants shall submit sketch plans for all MU Overlay District proposals. As per § 10707-A of the Pennsylvania Municipalities Planning Code, such plans may be informally reviewed as conceptual plans in order to provide an opportunity for the Borough to make suggestions and recommendations on the design of the proposed development.
B.
The applicant shall follow the preliminary and final plan application requirements of the most recent version of the Downingtown Borough Subdivision and Land Development Ordinance,[1] and shall include the following information:
(1)
Building plan.
(a)
A separate plan sheet shall be submitted to depict the proposed building program. Said plan shall indicate the proposed principal and accessory uses, the gross square footages of all uses, and the building heights. The building plan shall also indicate the total lot area and lot coverage, existing and proposed.
(b)
Building elevations for all proposed building types.
(c)
Roof overhangs on buildings of at least 12 inches are encouraged.
(d)
To create diversity and interest, there shall be variations in lot widths of adjacent lots.
(2)
Street, alley, and streetscape plan.
(4)
Staging/phasing plan.
(a)
A separate plan sheet shall be submitted to depict proposed staging or phasing of the total land development.
(b)
In the case of a development proposed to be developed over a period of years, flexibility of housing density, design and type may be addressed to:
[1]
Permit a variation in each section to be developed from the density, or intensity of use, established for the entire development.
[2]
Allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it be earlier or later in the development.
[3]
Require that the approval of such greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the Borough, provided that the reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this article, can be maintained.
(6)
Parking plan.
(a)
A separate plan sheet shall be submitted to depict proposed surface parking. Such plan shall list the number of parking spaces proposed in relation to the proposed use(s).
(b)
On-street parking spaces may be counted toward the overall parking requirement whenever such parking is located along the frontage of the property that is proposed for development.
(7)
Utilities plan. A separate plan sheet shall be submitted to depict all proposed utilities. Such plan shall indicate all proposed types, sizes, and materials of utilities that are proposed.
(8)
Manual of design guidelines. At the time of land development plan submission for each phase or stage of development, a detailed manual of design guidelines shall be submitted by the applicant to illustrate the proposed design excellence, architectural excellence, and related construction excellence for the proposed architectural, streetscape, and landscape features. Said manual shall be consistent with the design principles for the MU Overlay District set forth in this article and Exhibit A,[2] and shall be submitted to the Borough Council, which approval shall not be unreasonably denied provided it complies with the applicable aforementioned design principles.
[2]
Editor's Note: Exhibit A is on file in the Borough offices.
(9)
Declaration of covenants, easements and restrictions. A declaration shall be submitted to the Borough and shall be in such a form as deemed satisfactory to the Borough Solicitor.
C.
In order to promote flexibility of design of a Mixed-Use Overlay District, modifications from specific design criteria contained in the Zoning Ordinance may be needed, as provided for in Article VII-A of the Pennsylvania Municipalities Planning Code, § 10706-A(g)(1) and (2). The Borough Council shall have the authority to grant de minimis modifications of such zoning requirements if, in the Borough Council discretion, it determines that such modifications will result in a better design of a mixed-use development, and will not adversely affect the health, safety, and welfare of the Borough. Such grant shall occur after a public hearing and public meeting to consider the modifications.
D.
Compliance with the provisions for a mixed-use development under this article shall be determined by the Borough Council in the exercise of its reasonable discretion and judgment, in consultation with the Borough Planning Commission.