Monroeville City Zoning Code
ARTICLE VII
Planned Nonresidential Development Planned Group Unit
§ 359-74 Purpose.
The purpose of approving a Master Plan is to encourage owners to assemble large parcels of land to create a coordinated and well-conceived development which otherwise could not be created on small parcels of land. The Master Plan is a mechanism that permits owners and the Municipality to promote and encourage ingenuity in the layout and design of coordinated projects to more effectively improve and enhance sensitive natural resources, open spaces, etc., by allowing flexibility in the site layout from requirements in the underlying zoning.
§ 359-75 Master Plan required.
A.
No planned nonresidential development may be approved or recorded, no proposed lot shall be sold, nor any structure built, altered, moved or enlarged in any planned nonresidential development unless and until a Master Plan has been approved; and
B.
The improvements required in connection with any land development therewith shall either be constructed or guaranteed, as herein provided, for each individual land development to begin construction;
C.
Where the proposed development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety, and general welfare of the public;
D.
Ownership. The entire site for the planned group units shall be owned or controlled by the developer;
E.
Minimum size. The site shall not be less than 10,000 square feet;
F.
Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 100 feet;
G.
Access. The site must provide for access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets;
H.
Safety. The site shall be so developed as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health and property, such as quarries, open ditches, land subject to flooding, subsidence, or underground fires shall not be developed for commercial purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan;
I.
Permitted uses. Permitted uses and conditional uses as specified in Appendix I: Use Table for the zoning district in which a proposed planned group unit is to be located may be permitted in the planned group unit provided their design, arrangement, landscaping, construction and relationship to adjacent properties and uses meet all requirements set forth in this chapter;
J.
Yards and open spaces. The front, side and rear yards shall not be less than the minimum requirements of the district in which the planned group unit is located. Not less than 15% of the total site area shall be set aside for open space, and such open space shall be landscaped in a manner suitable for the uses intended for the development;
K.
Building spacing. The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access. The minimum distance between the nearest points of any exterior building walls shall be not less than 30 feet;
L.
Building groupings. Structures shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities; and
M.
Off-street parking and loading. Off-street parking spaces shall be provided at the minimum ratio of one space for every 200 square feet of gross floor area for retail uses, office uses and amusement uses. All other uses shall provide parking in accordance with Article IX. Five off-street loading berths shall be provided for the first 100,000 square feet of gross floor area, and one additional berth shall be provided for each additional 100,000 square feet.
§ 359-76 Compliance with other provisions required.
A.
The provisions of this article for approval of a planned nonresidential development plan shall be a conditional use in all nonresidential zoning districts; failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter and the Subdivision and Land Development Ordinance;[1]
B.
For the purposes of this article, the tentative schedule of § 359-77O(2)(c) shall be in lieu of the requirements of § 359-52.
§ 359-77 Application and review procedures.
A.
The application for Master Plan approval shall include a location map, site map, proposed development plan and any required engineering reports. The application shall be submitted to the Zoning Officer and shall be accompanied by a fee as may be set forth from time to time by ordinance of the Council;
B.
Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final land development approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a determination as to its compliance with this chapter. The maps and other documents shall be at the scale and in the same number as comparable documents required for land development under the Subdivision and Land Development Ordinance;[1]
C.
The Zoning Officer shall review the application for completeness in accordance with the requirements of this article. If an application is found to be incomplete, the application shall be remanded; the Zoning Officer shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met;
D.
If the Zoning Officer determines that there are deficiencies in the application submission, the Zoning Officer shall return the application to the applicant for resubmission, subject to compliance with the time deadline for filing for the Planning Commission's next regular meeting;
E.
The grant or denial or tentative approval shall include findings of fact related to the proposed development plan as submitted for approval, and the reasons for the decision shall be set forth with particularity in what respect the proposed development plan would or would not be in the public interest including, but not limited to, each of the cited criteria;
F.
In the event a development plan is granted tentative approval, with or without conditions, Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed;
G.
The decision of Council shall be in writing and shall be given to the developer personally, or mailed to him at his last-known address, not later than five working days following the decision;
H.
Failure of Council to render decision and to communicate it to the applicant in the time and in the manner required shall be deemed an approval of the application and terms as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication shall have like effect;
J.
If the developer chooses to reject any conditions attached to the grant of tentative approval, he may void such tentative approval by notifying Council within 30 days of the date of this decision;
K.
The grant of tentative approval may be revoked by Council if they are notified by the developer of his intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by this article;
L.
Application for final approval of each phase shall be filed with the Zoning Officer not later than 12 months following the grant of tentative approval, unless otherwise specified by Council. The application shall comprise one reproducible copy and six prints of the development plan for the phase, including a site plan and supplementary date, and a certificate of completion of improvements or a guarantee of improvements as required by this chapter;
M.
Upon the approval of a final plat, the developer shall record such plat within 90 days of such final approval in the office of the Department of Real Estate of Allegheny County;
N.
The site maps shall include the following:
(1)
Property map, showing the boundaries of all land subject to Master Plan approval with the names of all owners. The property map shall also show the names of all abutting landowners and any platting of adjoining land to the extent such platting would touch the boundaries of the Master Plan property;
(2)
Zoning map, with a minimum scale of one inch equals 200 feet but including the zoning classification of all properties indicated on said map;
(3)
Topography map, with a minimum scale of one inch equals 200 feet above, but indicating topography as would appear on the United States Geodetic Survey indicating all man-made improvements thereon, including but not limited to buildings existing on any properties thereon;
(4)
Soil classification map, with a minimum scale of one inch equals 200 feet, identifying soils and listing limiting factors of applicable soils;
(5)
A preliminary geotechnical report to the extent environmentally sensitive land is to be disturbed; and
(6)
A traffic impact study.
O.
The Master Plan shall consist of the following information:
(1)
Drawings at a scale no smaller than one inch equals 100 feet and text needed to clearly show all of the following:
(a)
The name of the proposed development and names and addresses of the landowner, the developer and the persons who prepared the plan;
(b)
The proposed street pattern including the names, paving width and rights-of-way of all streets and the widths and locations of easements or areas to be dedicated;
(c)
The layout of lots or parcels, where appropriate, including dimensions, lot areas, number and building lines;
(d)
Grading plan for the entire site;
(e)
The location, predicted use, height, bulk and square footage for every structure on the proposed lots;
(f)
The location of all off-street parking spaces and the total number of spaces to be provided, in accordance with the requirements of Article IX, Off-Street Parking and Loading, of this chapter;
(g)
The location, size and kind of improvements proposed for all common open space and recreation facilities, together with proposed ownership and maintenance arrangements for such open space;
(h)
A landscaping plan; and
(i)
A preliminary plan showing anticipated location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.
(2)
The following text or graphic materials:
(a)
The substance of anticipated covenants, grants, easements or other restrictions proposed;
(b)
The extent to which the proposed Master Plan varies from requirements of the underlying zoning district and other zoning and subdivision and land development regulations otherwise applicable to the subject property;
(c)
A tentative development schedule, where lot development is to be phased over a period of years, not to exceed 10 years from the date of Master Plan approval, showing proposed times for the filing of submission of land development applications for each lot within the proposed Master Plan area;
(d)
A written narrative setting forth the applicant's reason for filing a Master Plan and demonstrating how the Master Plan complies with the purpose of this article. The narrative should address the major features of the Master Plan and may contain such non-land-use information as estimates of taxes paid to all local government units, estimates of municipal and school districts costs and a benefit analysis;
(e)
Illustrative building types, elevations, building location, typical cross section and rendering of front elevations of proposed buildings, at a minimum scale of 1/8 inch equals one foot;
(f)
The architectural and design standards shall set forth the requirements for exterior building, materials, windows, general site design and compatibility with abutting structures. The standards shall set forth whether said requirements will be included in covenants running with the land and whether the covenants will retain design approval control; and
(g)
The Master Plan Requirements of this article shall be in lieu of all setback, height, land disturbance and density requirements of this chapter.
§ 359-78 Other agencies to review.
The Zoning Officer shall forward one copy each of the Master Plan application to the Planning Commission and all appropriate governmental agencies. Council shall not hold the conditional use hearing until the expiration of 30 days from the date the copies of the application for development were forwarded to all appropriate government agencies.
§ 359-79 Master Plan approval.
§ 359-80 Application for final Master Plan lot approvals.
Application for approval of a final land development on each lot shown in the finally approved Master Plan shall be submitted as a land development plan pursuant to the procedural provisions of the Subdivision and Land Development Ordinance.[1]
A.
The finally approved Master Plan shall control all bulk, height, lot coverage, land disturbance, density, landscaping, grading, location and type of stormwater management and setback requirements;
B.
The final land development application for a lot in the Master Plan shall include the material as outlined in the Subdivision and Land Development Ordinance. Additionally, the applicant shall submit supplementary data, which shall include:
(1)
Any covenants, grants of easements or other restrictions to be imposed on the use of land and structures; and
(2)
Provision for the maintenance, ownership and operation of all landscaping areas, common open spaces, private roadways, stormwater management facilities and common recreation facilities. The provisions shall be covenants running with the land and shall be in a form approved by the Municipal Solicitor.
§ 359-81 Guarantee of improvements (performance bond).
The improvements required and the security to guarantee their installation shall be in accordance with the Subdivision and Land Development Ordinance[1] for each Master Planned lot at the time each receives final approval, as part of the developer's agreement. In addition, thereto, if all road improvements shown on the Master Plan are not to be installed upon completion of the development of the lot applied for, the applicant shall submit a traffic report showing what, if any, additional traffic improvements are required for such lot or phase being approved. The applicant shall be responsible for all such additional improvements related to the lot/phase or in lieu thereof, may complete all Master Plan road improvements.
§ 359-82 Master Plan site requirements and uses.
A.
Site requirements. Property subjected to Master Plan approval shall, at the time of first approval, meet the following site requirements:
(1)
Ownership. The entire site for the Master plan shall:
(a)
Be owned or controlled (i.e., contract purchaser, ground lease) by the developer; or
(b)
The owners of all the land shall submit a document in recordable form and in a form approved by the Municipal solicitor binding all owners to comply with the Master plan approved by the conditional use approval;
(2)
Minimum site. The site subject to the master plan shall not be less than 10 acres;
(3)
Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 150 feet;
(4)
Access. The lot must provide for direct points of ingress and egress from public roads or access to a road proposed in the Master Plan area, to assure convenient and safe access, which will not cause undue congestion or hazard;
(5)
Each lot shall be of such a character to avoid danger to health or peril from fire, flood or other hazard;
(6)
Where a planned development abuts or contains an existing or proposed major traffic street, the governing body may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.
B.
Uses. Only those uses permitted in the underlying zoning district(s), or as listed below, shall be permitted in a Master Plan area. Uses permitted shall include:
C.
Bulk and area requirements. Property subjected to master plan zoning approval shall, at the time of first approval, meet the following bulk and area requirements:
(1)
Space between buildings. Every principal structure shall be separated by not less than 30 feet from any other principal structure on the site;
(2)
Minimum building setback. The minimum setback requirements for the perimeter of a master planned development shall comply with the minimum setback requirements of the underlying zoning district;
(3)
Landscaping for developments adjacent to other nonresidential developments or uses:
(a)
No structures or uses, including but not limited to buildings, accessory structures, parking spaces, curbs, access drives and lighting device, shall be located closer than 10 feet to any front, side or rear lot line except that access drives may be located in the front yard if required by Municipal Ordinance;
(b)
A minimum of one shade tree and two low-level plantings shall be planted for each 10 linear feet of landscape area.
(4)
Landscaping for developments adjacent to residential developments or uses.
(a)
No structures or uses, including but not limited to buildings, accessory structures, parking spaces, curbs, access drives and lighting devices, shall be located closer than 40 feet to any front, side or rear lot line;
(b)
A minimum of one shade tree and two low-level plantings shall be planted for each 10 linear feet of landscape area;
(c)
In addition to the requirement in § 359-82C(4)(b), a row of low-level evergreen shrubs or hedges shall be planted in the buffer yard that shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of vehicles. These low-level shrubs and hedges shall be of such height that a person facing a vehicle with the shrubs, hedges or mounds between that person and the car can observe the vehicle's low-beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable.
(5)
Height regulations. The maximum height of a structure shall not exceed the underlying zoning district.
§ 359-83 Specific standards and criteria.
A.
A planned nonresidential development shall be permitted as a conditional use subject to the following expressed standards and criteria:
(1)
When the proposed Master Plan departs from requirements of this chapter and the Subdivision and Land Development Ordinance[1] otherwise applicable to the subject property, but such departures are in the public interest and promote the public's health, safety and welfare;
(2)
The proposals for the maintenance and conservation of any proposed common open space, buffer yard and landscaping areas are reliable and legally enforceable and the amount and extent of improvements of such open space and landscaping areas are adequate with respect to the purpose, use and type of development proposed;
(3)
The physical design of the Master Plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment;
(4)
The total environment of the Master Plan is harmonious and consistent with the zoning district in which it is located;
(5)
The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if subject property were developed in accordance with the provisions of this chapter and the Subdivision Ordinance which otherwise apply;
(6)
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property of persons, and shall comply with the performance standards of § 359-105;
(7)
In the case of a development plan which proposes development over a period of years, the development plan will provide at each stage of development a sufficient proportion of open space, planned facilities and amenities, and other improvements and conditions as required in this article and as intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
B.
In evaluating the conditional use criteria, the applicant shall demonstrate, and Council shall consider the following additional factors where applicable:
(1)
The degree to which development pursuant to a cohesive Master Plan exceeds standards of existing development in the zoning district(s) under uncoordinated land development plans;
(2)
The degree to which a declaration of covenants, conditions and restrictions (CCR) is created and recorded against the property to govern development. Examples of items that would be included in the CCR may include, but not limited to:
C.
Apartment use above the first/ground floor of any building may be permitted in a Master Plan area when:
(1)
The total square footage devoted to the apartment use in the Master Plan area shall not exceed 75% of the gross floor area of the Master Plan;
(2)
Adequate protections from noise, light, vibration, hours of operation, truck and equipment traffic and surrounding master planned uses are provided. It is the intent of this subsection that residential uses are secondary to the uses permitted in the zoning district(s) and such residential use shall be subject to impacts that would not be acceptable in residentially zoned areas;
(3)
The specific conditional use provisions in § 359-54, shall be complied with where applicable; and
(4)
The height of an apartment structure shall not exceed 60 feet, or the maximum height permitted in the underlying zoning district, whichever is less.
§ 359-84 Common open space.
A.
Common open space is encouraged in a Master Plan. The common open space shall be so dedicated or otherwise preserved and maintained to always remain open and available for use by the occupants of the development area. The land and facilities to be used for common open space may be acceptable if the land and facilities shall be deeded to an organization representing the landowners of the development. The organization shall covenant to operate and maintain the land and facilities for their originally intended use. The organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise, without guaranteeing to the Municipality's satisfaction the maintenance of the common open space and first offering to dedicate the common open space to the public. The Municipality is under no obligation to accept dedication of this common open space for public use.
B.
Common open space maintenance.
(1)
The applicant may propose covenants containing substantially the same provisions as set forth in § 359-71J; or
(2)
The applicant shall establish maintenance and operation requirements common to all lots in the Master Plan area and provide for easements, covenants and restrictions in recordable form, which will guarantee future maintenance and operation. The Municipality shall, in form and substance, approve such covenants, easements, and restrictions.
C.
Buffer yard and common landscaping.
(1)
The buffer yards and common landscaping shown on the approved Master Landscaping Plan shall be maintained by the landowner, if the lots are not sold, or by the organization created to manage common open space, if the same has been created, or a similar such organization if there is no common open space. The organization shall have the right to charge each lot owner for the cost thereof and to lien such lot in default of such payment.
§ 359-85 Public improvements.
All streets, sidewalks, lighting and drainage facilities therewith shall be designed and constructed in keeping with the requirements of all applicable Municipal ordinances.
§ 359-86 Variances and modifications.
When approving a land development plan within a Master Plan area on an individual lot as a land development plan, Council, upon the request of the applicant, may approve special, reasonable modification thereto as will not be contrary to the public interest. Where an applicant requests a special, reasonable modification, the procedure outlined in the Subdivision and Land Development Ordinance[1] for granting modifications shall be strictly adhered to and followed. Any changes not part of land development approval, shall only be made by the Zoning Hearing Board as a variance if requested by an applicant.
§ 359-87 Enforcement.
To ensure the integrity of the land development plan and to guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether they are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
A.
Provisions in favor of the municipality. An express provision of, or commitment in, the Master Plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space, except as otherwise provided in this article, and the intensity of use shall run in favor of the Municipality. As provided by law, these provisions shall be enforceable by law or in equity by the Municipality without limitation on any powers or regulations otherwise granted by the Municipality by law;
B.
Modifications. All those provisions of the Master Plan relating to the operation of the Master Plan property authorized to be enforced by the Municipality under this section may be modified, removed or released by the Municipality, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the Master Plan by the Municipality shall affect the rights of the owners or tenants of the planned nonresidential development to maintain and enforce those provisions, at law or equity, as provided in this chapter;
(2)
No modification, removal or release of the provisions of the Master Plan by the Municipality shall be permitted except upon the findings by Council following public notice. These findings shall indicate that the changes are consistent with the efficient development and preservation of the entire planned nonresidential development, do not adversely affect the enjoyment of land abutting upon or across the street from the planned nonresidential development or the public interest and are not granted solely to confer a special benefit upon any person;
(3)
The applicant may propose, and Council may consider, modification to the planning scheme contained within the master landscaping plan from time to time; provided, however, the intent of the master landscaping plan is maintained and the buffer yard screening is not diminished; and
(4)
From time to time, the use of any structure on a Master Plan lot may be changed to another use permitted in the zoning district upon approval of a zoning occupancy permit in accordance with § 359-157. Where the use is a special exception or conditional use, the change shall be submitted to Council or the Zoning Hearing Board for review and approval. Where express conditions of that use conflict with the finally approved Master Plan, the applicant shall submit an updated Master Plan to Council for approval showing either the conflicts between the use's express conditional use requirements and the Master Plan requirements and requesting a modification of such express conditional use requirements or the changes in the Master Plan necessary to meet the express use conditions. Where the use is a conditional use, the applications may be combined into a single proceeding. Where a use is a special exception, Council shall first approve the Master Plan update prior to Zoning Hearing Board approval. Any changes in the physical layout of a Master Plan lot shall only be approved as a land development unless the Zoning Officer determines the same is de minimis and does not require any additional parking spaces.
C.
Release of rights. Owner(s) of the planned nonresidential development may, to the extent and in the manner expressly authorized by the provisions of the Master Plan, modify, remove or release their rights to enforce the provisions of the Master Plan, but no such action shall affect the right of the Municipality to enforce the provisions of the Master Plan in accordance with the provisions of this chapter; and
D.
Submission of an updated Master Plan shall not extend the effective time period for the Master Plan as set forth in § 359-77O(2)(c).