[Added 8-21-2008 by Ord. No. O-08-06]
Buildings shall be permitted to exceed the maximum permitted height in Multifamily Residential (R-3) Zoning District through the conditional use permit process described herein. A conditional use permit for taller buildings shall be granted by College Township Council given that they meet all specifications and regulations contained within this article and those additional conditions established by Council pursuant to § 87-31L.
A. 
Intent. The intent of this article is to permit, on a case-by-case basis, the ability for a structure to exceed the maximum building height pursuant to all specifications and regulations contained within this article for the purposes of increasing density, more efficient land use and greater flexibility in how land is used. The permit granted by Council shall grant this greater height given that the structure will abide by all conditions and specifications set forth herein.
B. 
Modification of conditional use permit. Once approval for a conditional use permit is granted, the applicant shall abide by all conditions, including everything established in Subsection A above. Modification to the conditions can only be made by applying for a new conditional use permit following all the procedures set forth in this chapter. Any change in relation to the land development and/or subdivision plan can be made following the processes outlined in Chapter 180 of the College Township Code, unless they relate to modifications of the conditions established for the conditional use permit as required above.
A building shall be permitted to exceed the maximum building height permitted in a zoning district with the specifications listed below. Those specifications listed below shall apply only to those structures proposed to exceed the maximum building height. All other proposed structures shall be permitted to follow the regulations of its respective zoning district, with the exception to lot coverage as stated in § 87-31G below.
A. 
Zones. The lot or portion thereof shall be located within one of the following zoning districts:
(1) 
R-3, Multifamily Residential Zoning District.
B. 
No structure shall be permitted to exceed the maximum building height established in its respective zoning district if it is within 200 feet of a lot containing one of the following uses existing at the time of conditional use permit application: single-family house, duplex, and/or townhouse. A proposed building shall be exempt from this requirement for those uses existing or proposed to be located on the same property as the subject building.
C. 
Height.
(1) 
The maximum building height permitted for an eligible tract of land shall be permitted to be increased to 85 feet in height (as measured to the ceiling of the highest habitable space).
(2) 
The total building height of any proposed building shall be no higher than 95 feet. This is inclusive of all items attached to the building, including roofs, church spires, belfries, domes, elevator shafts, skylights, bulkheads, clock towers and like portions of buildings not intended for habitable use. This shall also include any structure including utility appurtenances attached to the roof of a building such as transformers, coolers, ventilators, water tanks, smokestacks, radio and television transmission towers, cellular towers and like structures. This height restriction shall supersede § 200-14A.
D. 
Setbacks.
(1) 
Buildings proposed to be 65 feet or less shall be setback a distance equal to 1.1 times the height of the building.
(2) 
For those buildings exceeding 65 feet in height, shall be setback a distance equal to 1.5 times the height of the building.
(3) 
For greater flexibility in building design, buildings can be built with a series of stepbacks in which portions of the building are set back farther from the lower portion of the building so that each portion of the building meets the setback requirements for each respective portion. Portions of the building which are no greater than the maximum height permitted by a building's respective zoning district only need to be set back a distance greater than or equal to that which is required by said zoning districts. Below are two examples of how this can be achieved.
The above illustrations show buildings utilizing stepbacks on the upper floors to meet the setback requirements for those portions of the building permitted to be taller by this conditional use permit process.
E. 
Access. The building shall have its main point of egress/ingress (private driveway utilized by the majority of users on site) located on a collector or arterial street.
F. 
Accessory structures. No structure accessory to the primary use(s) in the structure shall exceed the maximum building height established in its respective zoning district regulations.
G. 
Lot coverage. A lot containing a building proposed to exceed the maximum height permitted shall have a maximum lot coverage based on building height as follows:
(1) 
R-3, Multifamily Residential: 45%.
H. 
Energy performance standards.
(1) 
All new buildings proposed to exceed the building height of their respective zoning district shall be designed at a minimum to earn the U.S. Environmental Protection Agency (EPA) Energy Star rating, and all building owners shall seek to earn the Energy Star rating upon completion of the project.
(2) 
If the proposed building is designed and built to achieve a rating of "LEED-NC certified" or higher, the Energy Star rating requirement shall be waived.
I. 
Building standards.
(1) 
Buildings shall use the same materials, or ones that are architecturally harmonious, on all building walls and other building components visible from public rights-of-way. Unfinished concrete masonry units shall not be used on building exteriors. Tinted, textured concrete block is acceptable.
(2) 
All glazing materials shall have a maximum of 15% outside visible light reflectivity value.
(3) 
Facades greater than 45 feet in length facing rights-of-way shall employ one or more of the following architectural design strategies:
(a) 
Use of varying materials, textures or colors.
(b) 
Use of architectural detailing or elements, such as windows, colonnades, porches, porticos, columns, pilasters, cornices, or canopies.
(c) 
Varying horizontal elevations, bump outs, and recesses.
(4) 
Utility appurtenances shall be setback a minimum of 15 feet from all building edges and adequately screened from view as approved by Council.
J. 
Shadow impacts. The developer shall demonstrate to Council's satisfaction that the proposed building will not adversely impact neighboring properties through the casting of shadows onto nearby properties for an unreasonable amount of time.
K. 
Visual Impacts. The developer shall demonstrate to Council's satisfaction that the proposed building will not have significant visual impacts on neighboring residential properties within a one-mile radius of the proposed building. Council's determination of acceptable visual impacts shall be based on the context of the development such as neighboring building styles, types and uses. This shall also be put into context of what could be built without receiving the conditional use permit for increased height.
L. 
Additional conditions. The Township Council may impose other conditions not listed above as are shown to be necessary and appropriate to protect the public health, safety, and welfare or may modify any of the conditions above to mitigate any negative impacts of the proposed building, including but not limited to decreased height, increased setbacks, changed location and restrictions on uses.
Council may waive the following requirements:
A. 
Setbacks. Front, rear and side yard setbacks may be reduced if the developer can demonstrate the following to Council's satisfaction:
(1) 
A reduction in the front yard setback may be reduced to that of the underlying zoning district if the applicant can demonstrate that the reduced setback would encourage pedestrian activity to and from the site, promote a more aesthetically pleasing streetscape and will not increase shadowing on those properties located across the street from the proposed building.
(2) 
The side and rear yard setbacks may be reduced to that of the underlying zoning district given that the building(s) on adjoining lots on the side or rear of the subject property are of a similar height as the proposed building.
(3) 
The side and rear yard setbacks may be reduced to that of the underlying zoning district given that the building(s) on adjoining lots on the side or rear of the subject property are of a similar land use(s) or land uses of a nature which typically would not object to or be adversely impacted by a neighboring tall building (such as a commercial use, open space, etc.)
B. 
Access. Access may be granted to the proposed development from a local street if one of the following conditions can be met:
(1) 
Through a traffic impact analysis, it can be shown that there will be a minimal amount of traffic volume increase in surrounding neighborhoods due to traffic generated by the proposed development;
(2) 
Through a traffic impact analysis it can be shown that providing access from an adjoining local street for egress/ingress will promote better, safer traffic flow along other streets located nearby; or
(3) 
The proposed building is a residential use and will not increase the number of dwelling units above that which could be built without the conditional use permit.