Madison City Zoning Code
§ 195-32.8
PCD-O Planned Commercial Development-Office Zone regulations.
[Amended 6-27-2016 by Ord. No. 49-2016]
A.
Purpose. The purpose of this zone is to:
(1)
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
(2)
Provide for safe and efficient vehicular and pedestrian circulation.
(3)
Provide for screening, landscaping, signing and lighting.
(4)
To continue to maximize the economic benefits of Giralda Farms to the community and region by retaining and attracting high quality jobs and innovative businesses that value the unique setting and environmental character of the campus.
(5)
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and minimum adverse effects on surrounding property.
(6)
Develop proper safeguards to minimize the impact on the environment, including, but not limited to, minimizing soil erosion and sedimentation, air and water pollution and noise levels.
(7)
Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities and other utilities and services.
(8)
Retain as much of the natural vegetative cover, particularly in critical environmental areas, where it serves important functional as well as aesthetic purposes.
(9)
Implement the adopted policies of the Borough of Madison Comprehensive Master Plan, as amended, dealing with proper land development, site design and conservation.
(10)
To recognize the unique environmental setting and design of Giralda Farms and to continue to mitigate and balance the environmental impacts of development with development opportunities through incorporation of innovative, sustainable design and low impact development techniques
(11)
Advance and promote sound growth and the general welfare.
C.
Conditional uses.
[Added 11-22-2021 by Ord. No. 45-2021[1]]
(1)
Assisted-living residences, subject to the following conditions:
(a)
At least 10% of units shall be deed restricted under State Medicaid requirements per the definition of "Medicaid waiver."
(b)
All assisted-living residences shall be licensed by the State of New Jersey.
(c)
The maximum number of assisted-living units in an assisted-living residence shall not exceed 150 units.
(d)
Assisted-living residences shall be located in existing structures.
(3)
Short-term, acute physical rehabilitation centers shall be permitted, subject to the following conditions:
(4)
Continuing care retirement communities (CCRC), subject to the following conditions:
(a)
At least 20% of the independent living units shall be affordable to low- and moderate-income households and deed restricted for at least 30 years.
(b)
The maximum number of independent living units in a continuing care retirement community shall not exceed 150 units.
(c)
A minimum of 10% of all assisted and nursing care units or beds shall be deed restricted as Medicaid units.
(d)
There shall be a maximum of one CCRC within the PCD-O District.
(e)
CCRCs shall be located in existing structures.
(5)
Culinary destination center:
(a)
Includes a restaurant with outdoor dining and two or more of the following additional uses:
[1]
Cafe/bakery.
[3]
Licensed brewery, cidery, meadery, winery, or distillery, subject to the following requirements:
[a]
Craft breweries, cideries, and meaderies shall be limited in production to no more than 100,000 barrels of 31 fluid gallons of capacity per year.
[b]
Wineries shall be limited in production to no more than 100,000 gallons of distilled alcoholic beverages per year.
[c]
Distilleries shall be limited in production to no more than 20,000 gallons of distilled alcoholic beverages per year.
[d]
Storage of production waste and solid waste shall be in enclosed containers and stored inside or in a separately enclosed structure that confines odors, and obstructs views.
[e]
A system to vent brewing or distilling and other exhausts and odors shall be provided.
[f]
At least 90% of floor area dedicated to these uses shall be within existing structures and buildings.
[4]
Farm, vineyard, garden, or apiary for the purposes of supplying the restaurant and/or brewery, cidery, winery or distillery with ingredients with total maximum acreage in production not to exceed 4.5 acres within the PCD-O District.
[5]
Private club with dining, fitness and other ancillary uses.
(b)
Cooking, baking, brewing and winemaking classes may be offered.
(c)
Shall occupy no more than 50 acres within the PCD-O District and 90% of floor area shall be located within existing structures and buildings.
D.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal uses, as permitted herein.
(2)
One residential conference center within a single PCD-O complex.
(3)
Indoor and outdoor recreational facilities for use by PCD-O tenants, owners and their guests.
(4)
One hotel within the overall PCD-O Zoning District, in accordance with the standards in § 195-32.8E(5).
(5)
A full service, non-drive-through restaurant or private eating club is permitted in existing (as of the date of adoption of this amendment) accessory structures only.
E.
Supplementary requirements.
(1)
Size. No tract, parcel or lot to be used for a planned commercial development-office shall contain less than 175 acres. Public or private streets, roads or rights-of-way shall not be deemed to divide acreage of a planned commercial development-office.
(2)
Boundary line setback and perimeter buffer zone.
(a)
Boundary line setback requirements. No building or structure in a planned commercial development-office shall be erected within 200 feet of the right-of-way of Woodland Avenue, Madison Avenue or Treadwell Avenue, and no building or structure in the PCD-O shall be erected within 250 feet of the right-of-way of Loantaka Way.
(b)
Buffer zone requirements. The applicant shall be required to maintain a buffer zone area of at least 200 feet along the perimeter of any PCD-O, except that no buffer area shall be required along the interior periphery of any PCD-O site to the extent that said boundary line also adjoins the Borough of Madison and Township of Chatham municipal boundary line. Said buffer zone shall be kept in its natural state where wooded, and, when natural vegetation is sparse or nonexistent, the Planning Board may require the applicant to supplement the existing vegetation. Within said buffer zone, no structure or off-street parking or loading areas shall be permitted, except utility easements, gatehouses, fences and signs. Roads other than circumference roads may be permitted to cross through the buffer area. Said buffer zone may be included for the purpose of computing the planned commercial development-office density requirements.
(c)
Reduction in buffer zone requirements. The buffer zone requirements may be reduced by the Planning Board where existing or proposed vegetation and topographic features accomplish the primary objective of preserving the vista from adjoining and boundary streets.
(3)
Utilities. All PCD-O developments shall be served by public water and public sewers. All utility wiring shall be underground.
(4)
Development standards.
[Amended 11-22-2021 by Ord. No. 45-2021]
(a)
Floor area ratio. The maximum floor area ratio shall be 0.30 to the tract, but in no event shall the gross floor area within any PCD-O complex exceed 2,250,000 square feet.
(b)
Minimum lot size. There shall be a minimum lot size of 20 acres for each office building operation.
(c)
Height. No building height or any part thereof or appurtenances thereto shall exceed the lesser of 60 feet above ground level or 50 feet above the center line of the nearest point of Loantaka Way or Madison Avenue.
(d)
Off-street parking. Every building shall be provided with off-street parking at a maximum ratio of 30 parking spaces for each acre of PCD-O area. Not more than 15% of all parking shall be surface, at-grade, uncovered parking. Off-street parking shall be screened and integrated with natural grade and environmental characteristics. Smaller footprint parking structures that are not entirely subsurface are permitted in accordance with the following design standards:
[1]
The siting of such structures should take advantage of natural grades to minimize soil disturbance and visual impacts.
[2]
The height of such structures should not exceed a maximum of 20 feet above pre-development grade to the highest point of the roof or parapet of the parking structure.
[3]
Any above grade part of a parking structure visible from a public right-of-way should be effectively screened with dense plantings, berms, and other landscape elements.
[4]
Architectural elements should be incorporated to ensure structure design compatibility with principal structures.
[5]
Such structures should not intrude into any required setbacks, with the exception of interior yards that do not abut any public right-of-way.
[6]
In cases where structures meet these standards, the reviewing Board may exempt the parking provided in this manner from the district's surface parking cap and overall parking cap.
(e)
Maximum impervious surface.
[1]
Not more than 17.5% of the tract shall be developed with buildings, parking areas, walks, roads or other materials, including detention/retention basins less porous than presently existing.
[2]
For purposes of calculating impervious coverage only, subsurface garages with a minimum average soil depth of at least 1.5 feet shall not count toward the calculation of impervious coverage; however, it should be noted that they may be considered impervious for purposes of stormwater management.
[3]
The Planning Board may consider an increase in the maximum impervious coverage, from 17.5 to 20%, provided that there is no net increase in runoff volume and that low-impact development techniques are incorporated to provide enhanced water quality and groundwater recharge.
(f)
Open space organization. Open space shall be deeded to a corporation, association or other legal entity consisting of one or more of the property owners within the PCD-O for their use, control, management and maintenance. Any agreement providing for such ownership shall be reviewed and approved by the Borough Attorney to ensure that adequate safeguards are included guaranteeing the continuance of the agreement in perpetuity and protecting the Borough from harm. In any event, the agreement shall give the Borough the right to perform maintenance and assess the cost to the property owners in the event that the property owners fail to maintain the property in accordance with the agreement. All provisions of N.J.S.A. 40:55D-43 of the Municipal Land Use Law shall govern the establishment of the open space organization.
(5)
Additional standards for a hotel:
(a)
A hotel in the PCD-O provides transient lodging accommodations to the general public and contains at least 100 rooms and no more than 200 rooms/suites, and may include additional facilities and services, such as a full-service restaurant, meeting space/function areas, and a fitness center/private club for use by hotel guests and the general public on a membership basis.
[Amended 11-22-2021 by Ord. No. 45-2021]
(b)
One hotel may be permitted within the PCD-O District.
(c)
At least one access driveway shall be provided directly from a public right-of-way, if approved by all governmental authorities with permitting authority.
(d)
No more than one freestanding sign may be permitted for each public street frontage abutting a hotel with a maximum of two such signs in total. Each sign shall contain no more than 30 square feet and be no more than five feet in height. Such signs shall be externally illuminated and attractively landscaped along their base.
(e)
All building signs for any hotel shall be limited to no more than a total of 45 square feet, and shall be externally illuminated.
F.
Findings for PCD-O. Prior to the preliminary approval of a PCD-O, the Planning Board should find the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning article standards and objectives pursuant to this section.
(2)
That the proposals for maintenance and conservation of open space and buffers are reliable, and the amount, location and purpose of the open space is adequate for the objectives set forth in this article.
(3)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned commercial development-office will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the occupants and owners of the proposed development in the total completion of the development are adequate.
(6)
That the proposed development will promote the PCD-O objectives.
G.
Infrastructure.
(1)
The Planning Board should not grant site plan approval and/or should condition such approval upon finding that:
(a)
The proposed stormwater management system is adequate to meet the expected stormwater flows.
(b)
The proposed sanitary sewage collection and treatment system is adequate to meet the expected sanitary sewage demand.
(c)
The proposed potable water system is adequate to meet expected water demands.
(d)
The proposed solid waste management plan can adequately handle the proposed solid waste to be generated by the project.
(e)
The roadways and intersections surrounding the zone and leading to and from the tract are capable of handling the expected traffic demands generated by the proposed development. In determining the capability of such roadways and intersections to handle the expected traffic demands to be generated by the proposed development, the Planning Board should endeavor to apply, whenever feasible and appropriate, "Level of Service C," as defined in ASHTO.
(f)
The electric supply system is capable of handling the demand required by the proposed development.
(g)
The proposed landscape management plan shall limit the use of pesticides and chemical fertilizers by following the principles and practices of integrated pest management.
(2)
In determining whether the systems are adequate, the Planning Board should determine that the existing system and all proposed improvements needed and necessary to accommodate the proposed development are either in existence, being constructed, bonded or included under any developer's agreement between the developer and municipality or other agency responsible for the system.
(3)
Where appropriate, the Planning Board should make submission of a developer's agreement to be approved by the Borough Council, posting of bonds or actual installation of improvements to ensure the adequacy of the systems a requirement for final approval.
(4)
As part of the application for site plan approval, Planning Board may impose such reasonable and appropriate traffic controls and/or monitoring of traffic conditions, including staggering of work hours, staggering of ingress and egress or some use of mass transport or van pooling, to the extent and for such reasonable time periods as such controls may be required by the anticipated traffic to be generated by the proposed development during peak hours. However, where it appears that such controls or agreement involves a capital contribution of public funds for any road, intersection or other off-site improvements, then, to the extent of such expenditure or public funds, the approval of the Borough Council shall also be obtained.
(5)
All developer's agreements required under this section shall be in recordable form.
H.
Overlay Zone for Block 3202, Lot 1.
[Added 11-22-2021 by Ord. No. 45-2021]
(1)
Additional permitted uses for Block 3202, Lot 1.
(a)
In addition to the PCD-O permitted uses, the following uses may be permitted in new buildings in accordance with PCD-O bulk, dimensional and other applicable standards in § 195-28:
[1]
Licensed supportive housing not to exceed 100 beds.
[2]
Licensed assisted living not to exceed 100 units with at least 10% of units deed restricted under state Medicaid requirements per the definition of "Medicaid waiver."
[3]
Licensed continuing care retirement community with a maximum of 100 independent units and at least 20% of the independent living units deed restricted as affordable to low- and moderate-income households for at least 30 years and a minimum of 10% of all assisted-living units deed restricted under state Medicaid requirements per the definition of "Medicaid waiver."