Downingtown City Zoning Code
ARTICLE XVE
Woodbine Overlay District
§ 287-69.30 Intent.
The Woodbine Overlay District is intended to provide for the orderly development of business and commercial uses along with a transition from lower density land uses to existing commercial uses in the Borough through flexibility and variety in housing types, including complementary higher density residential uses.
§ 287-69.31 Subdistrict uses.
The Woodbine Overlay District shall be deemed an overlay district on the otherwise applicable zoning districts as delineated on the Downingtown Borough Zoning Map. The uses set forth in § 287-69.32A(1) through (8) shall be permitted only in the area designated as Commercial Subdistrict of the Woodbine Overlay District as depicted on the Zoning Map. The uses set forth in § 287-69.32A(9) through (16) shall be permitted in both the Commercial Subdistrict of the Woodbine Overlay District and the remainder of the Woodbine Overlay District.
§ 287-69.32 Use regulations.
A.
Uses by right. In the Woodbine Overlay District, land, buildings and premises may be used by right for any of the following purposes and no others, subject to Article IV:
(1)
Retail sales, except vehicular sales and/or service, and provided that the total gross floor area devoted to retail sales shall not exceed 10,000 square feet.
(2)
General business, professional, governmental or administrative offices.
(3)
Bank or similar financial institution.
(4)
Restaurant, cafe, bar, retail bakery, confectionary or other places preparing, selling and/or serving food or beverages.
(5)
Personal service establishment, such as barbershop, beauty salon, shoe repair, tailor, and cleaning and pressing of laundry.
(6)
Fitness center.
(7)
Day-care facility.
(8)
Medical or dental offices.
(9)
Apartment dwellings/condominium.
(10)
Single-family detached dwelling.
(11)
Two-family dwelling (twin; duplex).
(12)
Four-family dwelling (four-plex; quadraplex).
(13)
Townhouse (single-family attached).
(14)
Traditional neighborhood townhouse multiplex.
(15)
Neighborhood Community Center, which may or may not contain residential dwelling units above, so long as they have independent access and rear parking.
(16)
Recreation and open space.
§ 287-69.33 Area and bulk requirements.
A.
Minimum tract size: 10 gross acres.
B.
Minimum building setbacks from tract perimeter and dedicated street line:
D.
Maximum total impervious coverage: 75% of gross tract area.
F.
Minimum separation distance between buildings: 10 feet for residential use(s) and 20 feet for nonresidential use(s).
G.
Zero lot line unit development. Individual units, buildings, or parcels of land within the development tract may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line units without meeting the tract size, tract width, impervious coverage, building coverage, and interior setbacks or separation distances from internal parking and building lines for each individual zero lot line unit; provided, however, that the tract shall comply with the applicable area and bulk requirements for the proposed Woodbine Overlay District development. All common areas, including, but not limited to, open space, stormwater management facilities, private streets, sidewalks and other improvements within the development tract which are not the responsibility of a unit owner shall be owned and maintained by a single entity. Final plan approval shall be conditioned upon approval by Borough Council, after review and comment by the Borough Solicitor, of easements, covenants and restrictions necessary to ensure the proper functioning of the development tract as set forth on the land development plan.
§ 287-69.34 Design guidelines.
The following design guidelines of this chapter shall, as applicable, govern all uses within the Woodbine Overlay District:
B.
Parking: in accordance with Article XVIII except as follows:
(1)
For apartments/condominiums, 1.75 off-street parking spaces for each dwelling unit shall be provided.
(2)
For medical or dental offices, 1.5 off-street parking spaces per 250 square feet of gross floor area, including associated storage areas for files, equipment or medical supplies shall be provided.
C.
The design guidelines for the Woodbine Overlay District shall be in accordance with Article VI, § 256-56.2, of Chapter 256, Subdivision of Land, of the Code of the Borough of Downingtown, and for purposes of the Woodbine Overlay District shall be considered requirements of Chapter 256, Subdivision of Land, of the Code of the Borough of Downingtown, and not requirements of this chapter.
§ 287-69.35 Application criteria and subdivision and land development review process.
Applications for development within the Woodbine Overlay District shall include mandatory submission of a Master Plan and accompanying support data for the affected tract, or any portion thereof, then proposed for development. Information submitted shall include:
A.
Master Plan. The Master Plan shall be drawn at the scale required for the submission of a preliminary plan by Chapter 256, Subdivision of Land, of the Code of the Borough of Downingtown. In addition, the submission shall contain, in plan and textual format, the following:
(1)
The location and type of land use proposed within the tract and the total building area being proposed, represented by total square footage of buildings and approximate location of residential units.
(2)
The general vehicular and nonvehicular circulation pattern for the entire tract, including points of access to the tract and the location, dimensions, and right-of-way of the major road networks that will service the tract.
(3)
The source of and general methods by which public water service and public sewer service shall be supplied and provided to the development.
(4)
A chart or other tabulation demonstrating compliance with the applicable development guidelines of the Woodbine Overlay District.
B.
Accompanying data. The following documentation shall accompany the plan and be made part of the application:
(2)
Conceptual renderings depicting potential building facades.
(3)
A narrative generally describing proposed covenants and restrictions for the property proposed for development.
(4)
A narrative description of existing zoning and land uses on and adjacent to the tract.
(5)
A narrative description of the tract's natural and man-made features and any restrictions created thereby.
§ 287-69.36 Application review procedure.
The following procedure shall apply to the review of applications for development in the Woodbine Overlay District:
A.
Master Plan. The Master Plan shall be submitted to the Borough, reviewed by the Borough Planning Commission, and referred to Borough Council for a decision thereon;
(2)
Review and decisions on the Master Plan shall be in the time and manner prescribed by Section 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508, for preliminary and final applications, except that the ninety-day period referenced within which a decision must be rendered shall be extended to 120 days.
(3)
From the time an application for Master Plan approval is filed, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision, or other governing ordinance shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was filed. In addition, when a Master Plan has been approved, the applicant shall be entitled to preliminary approval in accordance with the terms of the Master Plan approval.
B.
Vested right to proceed following Master Plan approval. The applicant or any successor to the applicant for all or any portion of the development plan shall have a vested right to proceed according to the approved Master Plan, and no subsequent change or amendment to this chapter or to Chapter 256, Subdivision of Land, of the Code of the Borough of Downingtown, nor to any other governing ordinance, regulation, or plan shall be applied to affect adversely the right of the applicant or any successor to commence and complete any aspect of the approved Master Plan for a period of 10 years from the date of approval of the Master Plan.
C.
Preliminary and final plans. Following approval of the Master Plan by Borough Council, the applicant shall be required to submit both preliminary and final subdivision and land development plans (or at the applicant's option, a combined preliminary/final subdivision and land development plan of the tract, or portion thereof, intended for development) to the Borough pursuant to Chapter 256, Subdivision of Land, of the Code of the Borough of Downingtown, and the Pennsylvania Municipalities Planning Code.