East Vincent Township
City Zoning Code
City Zoning Code
PART 27
COMMERCIAL-ORIENTED MIXED USE DEVELOPMENT CMU
§ 27-2701 Definitions.
[Ord. 162, 6/12/2002, § 2701; as added by Ord. 214, 7/13/2011, § 6]
The definitions of "green," "pocket park," "plaza," and "square" as set forth in § 27-2601 shall apply in the context of commercial-oriented mixed use development.
§ 27-2702 Purpose.
[Ord. 162, 6/12/2002, § 2702; as added by Ord. 214, 7/13/2011, § 6; as amended by Ord. 237, 4/3/2019, §§ 2, 3]
1.
To provide for a compatible mix of dwelling types and nonresidential land uses.
2.
To encourage compact and walkable development that is more traditional in character, including interconnected streets and alleys, cul-de-sac streets, public spaces and greens, pedestrian-oriented streetscapes, and connections between new and existing neighborhoods.
3.
To promote the best use of the land in areas of the Township designated for high-density development, compatible with commercial development.
4.
To provide for flexible lot sizes, lot widths and building setbacks to meet a variety of housing needs and uses.
5.
To protect natural resources and improve public access to preserved open space areas.
6.
To promote development that is consistent with the goals and objectives of East Vincent Township and Chester County Comprehensive Plans.
§ 27-2703 Eligibility and Master Development Plan.
[Ord. 162, 6/12/2002, § 2703; as added by Ord. 214, 7/13/2011, § 6; and amended by Ord. 219, 7/24/2012, § 8; and by Ord. 237, 4/3/2019, §§ 4, 5]
1.
Eligibility. In order to be eligible for CMU development, the following criteria shall be met:
A.
CMU development shall be permitted only in the CMU-Commercial-Oriented Mixed Use Development District by conditional use.
B.
The gross tract area of any site proposed for CMU development shall be a minimum of 150 contiguous acres.
C.
The CMU community must be served by public sewer and water.
D.
Where a tract proposed for CMU development consists of more than one parcel and more than one owner, the application shall be signed by all owners who shall join in the overall plan for CMU development.
E.
The CMU community must have frontage upon an arterial road as classified in the East Vincent Township Comprehensive Plan.
F.
Once the gross tract area is designated in the conditional use approval for CMU development, the acreage included in the master development plan shall not be thereafter expanded at any time by adding additional land areas to the CMU development.
2.
Master Development Conditional Use Plan.
A.
Upon conditional use approval by the Township Board of Supervisors of a master development conditional use plan ("conditional use plan"), the uses and design criteria proposed in the conditional use plan shall be the uses and design criteria permitted and required for the development of the subject tract. Any material change in uses or design criteria shall require a modification of the conditional use approval.
B.
Preliminary and final subdivision and land development plans submitted for the proposed development shall be substantially in accordance with conditional use plan design specifications submitted and approved as part of the project.
C.
Any tract submitted for development as a CMU development may be subdivided for separate ownership or lease, but only if the subdivision does not interfere with the development of the tract in accordance with the approved conditional use plan.
§ 27-2704 Permitted Uses.
[Ord. 162, 6/12/2002, § 2704; as added by Ord. 214, 7/13/2011, § 6; and as amended by Ord. 237, 4/3/2019, §§ 6, 7, 8, 9]
1.
In a CMU development, following conditional use approval, a building may be erected, altered, or used, and a lot or premises may be used for any one or more of the following purposes and no other:
A.
Residential Uses.
(1)
Single-family detached dwellings.
(2)
Two-family (twin) dwellings.
(3)
Townhouse or single-family attached dwellings (maximum six units per building).
(4)
Multi-family dwelling units.
(5)
Age-restricted community of any one or more of the above dwelling types, and which may be, but is not required to be, a continuing care retirement community (CCRC). Where assisted living or nursing facilities are provided, five beds shall be equivalent to one dwelling unit for purposes of density calculation.
B.
Commercial and Mixed Uses.
(1)
Retail stores designed to provide goods, such as grocery and food products, flowers, clothing, music, hardware, newspaper and magazines, drugs and variety items, and provided that no merchandise or other material shall be displayed within any required setback or yard area. (This shall not preclude "sidewalk sales" and similar events.) Not more than one major anchor store and not more than one department store shall be permitted. The major anchor store and the department store shall not be in the same building.
(2)
Personal service establishments, including shoe shine and repair, tailor, dressmaker, barber and beauty shop.
(3)
Professional or business offices, including banks and financial establishments, real estate and insurance offices, and doctor's and dentist's offices.
(4)
Eating and drinking establishments, including drive-thru restaurants, but drive-thru restaurants shall be limited to either (a) free-standing "pad" sites or (b) ends of in-line stores.
(5)
Professional studios for artists, photographers, music, or dance.
(6)
Child and/or adult day care.
(7)
Indoor recreation and/or active recreation.
§ 27-2705 Performance Standards.
[Ord. 162, 6/12/2002, § 2705; as added by Ord. 214, 7/13/2011, § 6; and as amended by Ord. 237, 4/3/2019, §§ 10 — 19]
1.
Minimum Open Space. In a CMU community, not less than 15% of the gross tract area shall be designated as open space. Open space in the CMU community shall meet the following criteria:
B.
At least 45% of the minimum required open space of each CMU development shall be provided as improved greens, pocket parks, playfields, or plazas. This area shall constitute satisfaction with the amount of land required for recreation purposes in § 22-428 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].
C.
At least one pocket park and one playfield for active recreation shall be provided.
D.
Minimum required open space shall not include the private yard space of single-family detached dwellings and any area within 12 feet of multi-family residential buildings, including twins, townhouse and multiplex units.
E.
Open space in a CMU community shall provide links with adjacent open space, recreation areas and trail corridors wherever possible in conformance with the Township plan. Trails shall generally conform to the "Map 3 Recommended Trail Network" as referenced in the May, 1997 "Open Space and Recreation Plan Update."
F.
Although Part 9 open space design option is not otherwise applicable to CMU developments, §§ 27-906.1A(2), 27-906.1B, C, D, E and F, 27-906.2 and § 27-906.3 shall be applicable to CMU developments, and a plan for the design and ownership of open space areas in accordance with those sections shall be submitted to the Township as part of the conditional use application.
G.
At the developer's option, an additional 10% of the gross tract area may be set aside as additional open space for such active and/or passive uses as may be approved by the Board of Supervisors. Where such additional parkland is provided, the developer shall be entitled to the building cover and impervious cover bonuses as set forth in Subsections 4E and 4F below.
2.
Land Use Mix. A CMU community shall provide a mix of dwelling types and residential and nonresidential land uses as follows:
A.
Each CMU development shall include at least three permitted residential uses as set forth in §§ 27-2704(A) (1) through (5). Each of the three required residential uses shall be a minimum of 10% and a maximum of 50% of the total number of proposed units, with the exception of single-family detached dwellings (exclusive of age-restricted dwellings), which shall not exceed 30% of the total number of dwelling units. Additional dwelling types may be proposed at any percent.
B.
A minimum of 25% and a maximum of 65% of the gross tract area of any CMU development shall be dedicated to commercial and mixed uses as defined in § 27-2704.2 above. A minimum of 32% of the gross tract area dedicated to commercial and mixed uses as defined in § 27-2704.2 above, but in no event less than 10% of the gross tract area, shall be dedicated to indoor recreation and/or active recreation, and such area shall be suitable for development for indoor and/or active recreation purposes, and shall be offered for dedication to the Township. Such area dedicated to indoor recreation and/or active recreation shall not be counted toward the required open space in a CMU community.
3.
Site Design Improvements. Required site improvements shall be generally consistent with the Township's Open Space and Recreation Plan Update, with respect to sidewalks, trails, bicycle circulation, street trees and intersection pedestrian crossings, site improvements shall include the following:
A.
Sidewalks shall be provided along interior and exterior public and private streets to provide safe and convenient pedestrian access to all uses in the CMU community. Sidewalks are not required along alleys.
B.
Sidewalks shall be a minimum of four feet wide and separated from the paved cartway by a minimum four-foot wide green strip. Sidewalks in non-residential areas may be widened (and may subtend the green strip, with street trees planted in tree wells), particularly to accommodate outdoor cafe dining areas.
C.
In general, all lands not utilized to provide for permitted impervious cover shall be left in their natural state or landscaped with appropriate vegetation or other suitable landscape material. Streetscape, landscaping and pedestrian amenities shall be provided as reasonably related to the intensity of proposed development. The CMU development shall be landscaped as required in § 22-435 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22].
D.
Where appropriate, the site design will include the following amenities:
(1)
Public trash receptacles.
(2)
Public seating areas along sidewalks and at appropriate intervals and locations within pocket park areas.
(3)
Bike racks located in areas where the sidewalk can accommodate such features.
(4)
Planting "inserts" in tree wells within sidewalk areas.
(5)
Traditional-appearing light standards, not to exceed 25 feet in height measured from the top of the fixture to grade. Street lights shall be architecturally compatible with the style, materials, colors and details of the buildings. Street lighting along PennDOT roads shall comply with PennDOT or PECO requirements, as required.
E.
Architectural Design. Concurrently with the review of the applicant's conditional use plan, the applicant shall present conceptual architectural design approaches for discussion. Unless specifically approved by the Board of Supervisors, the architectural design shall be consistent with traditional design and appearances.
F.
Street furniture shall be provided which shall include such items as benches, waste containers, planters, bicycle racks, water fountains and bollards, although all of the foregoing are not required to be in each CMU. Such items shall be provided at appropriate locations throughout the proposed mixed use and commercial portions of the CMU. The design of such items shall be compatible with the architecture of the proposed buildings.
4.
Area and Bulk Regulations.
A.
Residential Density. In order to support development that is more traditional in nature and creates a more compact and pedestrian-friendly environment, the maximum permitted base density for any CMU development shall be 4.75 dwelling units per net acre, based upon the net acreage of the tract devoted to residential uses. Maximum density may be increased pursuant to the use of transferable development rights as set forth in Subsection 4K(1) hereof.
B.
Residential Building Setbacks. There are no minimum requirements for lot size in a CMU development; however, the following building setbacks shall apply:
(1)
All buildings shall be set back a minimum of 40 feet from the tract boundaries.
(2)
All buildings shall be set back a minimum of 25 feet from the ultimate rights-of-way of existing major collector streets.
(3)
All buildings shall be set back a minimum of 25 feet from the ultimate rights-of-way of existing local streets.
(4)
All buildings shall be set back a minimum of five feet from the rights-of-way of proposed streets.
(5)
For front-loaded single-family attached dwelling units, the garage entrance shall be set back at least 20 feet from the sidewalk.
(6)
For single-family detached dwellings, twin dwellings and townhouses, the minimum distance between buildings shall be 15 feet.
(7)
The rear of all buildings shall be a minimum of 20 feet from lot lines and the paved cartway of proposed streets and alleys. Where lot lines not concurrent with the footprint of the dwelling are provided, decks, patios and porches, whether roofed or unroofed, may project into the rear yard not more than eight feet.
(8)
All buildings shall be setback a minimum of five feet from proposed parking areas.
D.
Nonresidential and Mixed Use Building Setbacks.
(1)
All buildings not along an existing street shall be setback a minimum of 40 feet from the tract boundaries.
(2)
All buildings shall be setback a minimum of 40 feet from the ultimate rights-of-way of existing arterial or collector streets.
(3)
All buildings shall be setback a minimum of 25 feet from the ultimate rights-of-way of existing local streets.
(4)
All buildings shall be set back a minimum of 12 feet from the curb line of proposed streets or access drives. Such setback areas shall be devoted to walkways, street trees, green areas, or a combination thereof. Limited driveway and road access through such setbacks shall be permitted.
E.
Building Coverage. The maximum building coverage for the entire site shall be 25% of the net tract area; provided, however, that the maximum building coverage may be increased to 30% of the net tract area in return for providing the 10% additional open space in accordance with Subsection 1G above.
F.
Impervious Coverage. Maximum impervious coverage for the entire site shall be 50% of the net tract area; provided, however, that the maximum impervious coverage may be increased to 60% of the net tract area in return for providing the 10% additional open space in accordance with Subsection 1G above. Maximum impervious coverage may be further increased pursuant to the use of transferable development rights as set forth in Subsection 4K(2)(a) hereof.
G.
Maximum Square Footage of Stores and Buildings.
(1)
The maximum length of any residential building, including rows of attached townhomes and multi-family dwelling units is 190 feet.
(2)
The maximum individual footprint of any building proposed for indoor recreation use shall be 175,000 square feet. The maximum individual footprint of any building proposed for any other nonresidential use permitted in a CMU development shall be 135,000 square feet and, except for a major anchor store and/or a department store, no single store shall exceed 60,000 square feet in floor area.
H.
Building Height. Buildings shall not exceed four stories or 50 feet in height. Maximum building height may be increased to five stories or 60 feet pursuant to the use of transferable development rights as set forth in Subsection 4K(2)(b) hereof.
I.
Parking.
(1)
Required parking for residential units shall be two spaces per dwelling unit, with the exception of one or two bedroom multiplex units and age-restricted units, for which 1 1/2 parking spaces per dwelling unit shall be required. All other parking may be provided with a combination of on and off-street parking.
(2)
Parking for nonresidential uses shall be provided in compliance with § 27-1709C.
(3)
Parking spaces in private garages, driveways, off-street parking areas, and on-street spaces may count toward minimum parking requirements.
(4)
Shared parking may be provided that is in compliance with § 27-1709D, "Parking Reductions."
J.
Streets and Alleys. The design requirements for proposed streets and alleys shall be set forth in the design guidelines to be submitted as part of the conditional use plan, and all streets and alleys shall be owned and maintained by the community association(s) to be created for governance of the community, and unless specifically approved by the Board of Supervisors as part of the conditional use approval, will not be dedicated to the Township as public thoroughfares. Development design standards for streets and alleys shall be those contained in the Chapter 22, "Subdivision and Land Development," and/or special development standards for neighborhood mixed use, § 22-435.2, except for the following:
(1)
For private streets, minimum centerline radius may be 50 feet, provided the posted speed limit is 25 miles per hour or less. Minimum centerline radius requirements do not apply to alleys and private driveways.
(2)
Private driveways may be located three feet from interior lot lines for all units other than multi-family dwellings, and eight feet from the edge of paving of intersecting streets and alleys interior to the development. Private driveways shall be 95 feet from the edge of paving of intersections with existing streets.
K.
Use of Transferable Development Rights ("TDRs"). In compliance with the procedures set forth in Part 24 of this chapter, TDR's may be utilized by an applicant for (1) increasing the residential density, (2) increasing the building and/or impervious coverage ratios for commercial and/or mixed use development beyond that permitted in Subsections 4E and F, (3) increasing the height of buildings. The applicant and Board of Supervisors, during the review of the conditional use application, shall agree upon the specific terms of any use of TDR's for these purposes, based upon the following standards:
(1)
Residential Development.
(a)
For single-family detached dwellings, TDRs may be transferred at the rate of one sent equals 1.5 received.
(b)
For townhouse (single-family attached) dwellings or multi-family dwellings, TDRs may be transferred at the rate of one sent equals two received, except that where the proposed additional townhouse or multi-family dwelling units will be part of an age-restricted component, the rate shall be one sent equals four received.
(c)
Residential TDRs as above-referenced shall be based upon a base-permitted residential density of 4.75 dwelling units per acre devoted to residential uses, up to a maximum density of seven dwelling units per acre.
(2)
Nonresidential Development.
(a)
TDRs may be transferred at the rate of one sent equals an increase in total impervious coverage by 5,000 square feet, up to a maximum impervious coverage of 70%. The maximum increase in impervious coverage shall be subject to a preliminary soils report submitted by the applicant at the time of such impervious coverage increase request which adequately demonstrates to the Township that the development, including any proposed impervious coverage increases, will comply with stormwater management plan requirement of the Township Subdivision and Land Development Ordinance (Chapter 22). The Township reserves the right to request on-site testing to be performed by the applicant at his or her expense prior to granting an impervious coverage increase request to verify the preliminary soils report conclusions. Any development site where impervious coverage limitations have been increased through use of received development rights shall be ineligible for waivers of the stormwater management plan requirements of the Township Subdivision and Land Development Ordinance (Chapter 22) based on the grant of such increased coverage.
(b)
TDRs may be transferred at the rate of one sent equals an increase of an additional 5,000 square feet of floor area, which may be accommodated by increasing the height of the building to a maximum of 60 feet.
L.
Lighting for Recreational Uses. The requirements for use of outdoor lighting for a CMU development set forth in this subsection shall supersede the requirements set forth in § 27-1715.6. The use of outdoor recreational facilities during hours of darkness shall be permitted as part of a CMU development by conditional use.
(1)
Lighting shall be accomplished only through the use of "cutoff" fixtures or as otherwise approved by the Board of Supervisors.
(2)
Except as otherwise approved by the Board of Supervisors, lighting of recreational uses and facilities shall be extinguished by 10:00 p.m.
(3)
Maximum mounting height for outdoor recreational lighting shall be 50 feet.
§ 27-2706 Plan Submission Requirements.
[Ord. 162, 6/12/2002, § 2706; as added by Ord. 214, 7/13/2011, § 6; and as amended by Ord. 237, 4/3/2019, §§ 20 — 24]
1.
An applicant for conditional use approval of a CMU development shall provide the information specified in § 27-1901 of this chapter and shall include the following information in the application:
A.
Conditional Use Plan. The base site plan for the conditional use plan shall be drawn at a scale of not less than one inch equals 100 feet and shall contain information sufficient to assess the design and impact of future development of the tract including, but not limited to, the following:
(1)
Planned Use Areas. The boundaries of each planned use area within the entire tract including, but not limited to:
(a)
A conceptual depiction of the location and proposed use in each subarea.
(b)
Schematic groupings of buildings and structures (including a schedule of gross floor areas and heights).
(c)
Total building area being proposed, represented by the total square footage of all non-residential development and the number of dwelling units proposed for all residential development.
(d)
A conceptual depiction of the proposed streetscapes and landscaped area.
(2)
Circulation. The general vehicular and non-vehicular circulation pattern for the entire tract, including points of access to the tract, and the location, dimensions, rights-of-way and ownership of the major road network.
(3)
Water, Sewer and Stormwater Management. The source of and general methods by which water shall be supplied, sewage shall be treated and disposed and the feasibility of stormwater management in accordance with the requirements of the Subdivision and Land Development Ordinance [Chapter 22].
(4)
Restricted Open Space. The location and proposed use and disposition to be made of all restricted open space, including area proposed for pocket parks, plazas, playfields, and other public spaces.
(5)
Natural features and cultural resources shall be identified, along with a plan for their preservation and protection.
(6)
Phasing Plan. A phasing plan that identifies all proposed construction and associated public utilities and infrastructure needs for each phase.
(7)
Design Guidelines. Descriptions and graphic illustrations of the site design elements specified in § 27-2705.3 hereof, including sidewalk and pathway components, illustrations of landscaping and pedestrian amenities, design amenities (such as pocket park components, bike racks, street tree elements, light standards, and the like), architectural concepts, typical residential streetscape illustrations (depicting, as applicable, whether driveway access will be off of the street frontage or off of a rear alley or a combination of both).
(8)
Plan Detail. These submission requirements shall be indicated in sufficient detail to serve as a firm commitment by the applicant with regard to the future development of the tract and for the Township Board of Supervisors and the Planning Commission to evaluate the effect of the conditional use plan on the health, safety and general welfare of the Township. Although a fixed and detailed dimensional layout showing exact building locations, shapes, dimensions, landscape plans and sub-district requirements-such as is required for land development approval-shall not be required for conditional use plan approval, information and specifications shall be provided that clearly set forth design requirements for all subsequent preliminary and final land development plans prepared for the proposed CMU development.
(9)
Anticipated Waivers. Unless otherwise stated in the conditional use plan submission or requested as waivers at the time of preliminary or final land development plan submission, compliance with all provisions of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] shall be required. All anticipated requests for waivers of the Subdivision and Land Development Ordinance [Chapter 22] requirements shall, to the extent feasible at this stage of the development project, be included with the conditional use plan submission.
(10)
The approved conditional use plan shall be the basis for the preliminary and final land development plan submissions and shall be used to determine the design intent when there are discrepancies or omissions in the land development plan submissions.
B.
Criteria for Conditional Use Plan Application Review. The Board of Supervisors shall apply the standards and criteria of this Part, and the general criteria for conditional use applications as set forth in § 27-1901.6 of this chapter, in evaluating an application for conditional use approval of a CMU development.