Municipality of Murrysville, PA Mixed-Use Planned Residential Development

[Added 8-6-2008 by Ord. No. 771-08]

§ 220-27.1 Purpose, applicability and development objectives.

Mixed-use planned residential development is authorized within the portions of the General Business Overlay zoned as R-R, R-1, R-2, or R-3 and adjacent tracts zoned B Business, as depicted on the Zoning Map.

The mixed-use planned residential development option aims to accommodate overall community growth in Murrysville in a manner that will protect, preserve, enhance and balance the environmental, economic, social, cultural and aesthetic values desirable in a predominately rural atmosphere.

Direct market-driven development as reasonable growth to areas bearing proper infrastructure while providing for the highest and best use of properties bordering the Municipality's major and minor arterials.

Provide suitable areas for a variety of housing choices in type, affordability, scale and size, including assisted- and independent-living facilities in proximity or integrated with complementary or ancillary services and facilities.

Provide for the accommodation of regional nodes of development in a manner that maintains the property values of uses within surrounding commercial and residential districts.

Encourage innovation and creativity in building design, pedestrian access, and vehicular circulation in a manner that balances the needs of current and anticipated residents and patrons and the integrity of existing plans and neighborhoods with the functionality and needs of each establishment within the plan.

The mixed-use planned residential development shall implement those objectives cited in § 220-31Z Mixed-use development.

§ 220-27.2 Relationship to other ordinances.

This section defines the standards and processes in related Murrysville land development ordinances and the applicability of each such ordinance to development approved through this article, as a planned residential development, authorized by Article VII of the Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. §§ 10701 through 10713.

The design and construction standards of the Municipal Subdivision and Land Development Ordinance, street construction standards, stormwater, grading, and erosion and sedimentation shall apply to all improvements proposed in a mixed-use planned residential development unless a waiver or modification is granted by the Council in accordance with the procedure specified in the Municipal Subdivision and Land Development Ordinance or each individual ordinance.[2]

[2]

Editor's Note: See Ch. 201, Subdivision and Land Development; Ch. 97, Construction, Roads and Streets; Ch. 198, Stormwater Management; Ch. 124, Grading, Excavations and Filling and Ch. 197 Erosion and Sedimentation Control.

The developer shall be subject to all requirements of financial security determination and posting for improvements and amenities, as required by Chapter 201, Subdivision and Land Development.

Except for maximum dwelling unit density, maximum lot or impervious surface coverage, maximum building height, and authorized uses in this article, any of the other requirements of the underlying zoning district classification may be modified by the Council in granting tentative approval to a mixed-use planned residential development if Council determines that the requested modification or modifications will contribute to a more beneficial use of the site, will not be contrary to the public interest and are warranted owing to unique physical circumstances or conditions unique to the particular property and meet or better meet the objectives of this article.

All requests for modification shall be in writing and shall accompany and be a part of the application for tentative and final approval. Such written request shall specify the ordinance section from which a modification is requested and shall state the grounds for the request, the justification of the request, and its relation to the objectives of this article. Whenever a request for modification is granted or denied, the reasons for such grant or denial shall be stated within the official written communication to the landowner.

§ 220-27.3 Basic site criteria and definition of site; definitions.

The site shall be defined as the entire area of all existing parcels included within the tentative plan application. Such area shall include incorporated planned residential developments as defined within this article.

The following definitions apply within this article:

ENVIRONMENTALLY SENSITIVE AREA

Area of the site in square feet consisting of steep slopes as regulated by the supplemental standards of this chapter, one-hundred-year floodplains and floodways and jurisdictional wetlands.

IMPERVIOUS SURFACE COVERAGE

Land area covered by structures housing a particular use category as defined in § 220-27.4, Permitted uses, and all impervious surfaces, including streets, access drives and parking stalls directly servicing said permitted uses. For purposes of this chapter, building coverage shall be credited or classified within the use category of the predominant or principal use of the first floor. Therefore, a retail building with second-story office is classified as a retail use, while the parking coverage dedicated to the office use shall be classified as office use impervious surface coverage. However, residential use coverage shall be credited according to the square feet per unit set forth in § 220-27.5B.

INCORPORATED PLANNED RESIDENTIAL DEVELOPMENT

A planned residential development, developed in accordance with Article IV of this chapter, Planned Residential Development, which is integrated into the mixed-use planned residential development through direct and adequate pedestrian and vehicular linkages.

LARGE RETAIL STORE

Any single retail establishment occupying 75,000 square feet or more of total or gross floor area on the first floor of any structure or 40,000 square feet or more of gross floor area on the first floor when all stories occupied equal or exceed 80,000 of gross floor area.

Minimum site area shall be 20 contiguous acres, not separated by existing streets.

Developments shall be directly serviced by adequate road infrastructure which meets those criteria determined by a submitted traffic study and municipal criteria, including but not limited to levels of service cited in Chapter 135, Impact Fees, and Chapter 97, Construction, Roads and Streets. Adequacy of infrastructure shall include an assessment of roads immediately adjoining the site and those which provide direct access to the site. The specific requirements of the study and said adequacy shall be demonstrated by one or a combination of the following in consideration of accident history, trips generated above the base zoning, and resulting functional classification of the road:

(1)

Width of the cartway.

(2)

Horizontal and vertical alignment in relationship to sight distances and increased trip generation.

(3)

The Municipality may consider related projects and the scheduled date of each as included on the Transportation Capital Improvements Program as revised and included in Chapter 135, Impact Fees, in its evaluation of street adequacy.

(4)

In consideration of trip generation, the Municipality may approve development phases contingent upon and commensurate with any planned improvements of the above infrastructure as a condition of tentative and final plan approvals, whether or not said infrastructure improvements are included on the Municipality's Transportation Capital Improvements Program.

Ownership. The site proposed for a planned residential development shall be under single ownership and control. Prior to submitting an application for tentative approval, the applicant shall demonstrate ownership or equitable title of the site.

The development shall be served by public water and sewer.

§ 220-27.4 Permitted uses.

The following defines those uses authorized within a mixed-use planned residential development, excluding incorporated planned residential developments, which are subject to the standards of Article IV, Planned Residential Development.

Single-family residential uses shall include:

(1)

Single-family.

(2)

Two-family.

(3)

Triplex, fourplex, or townhouse.

Multifamily residential uses shall include:

(1)

Multifamily dwelling units as apartments or garden apartments, including such units within a mixed-use building.

(2)

Group care facilities, personal care boarding homes, or nursing homes.

Retail uses shall include the following, as authorized, provided that large retail stores shall be limited to one for each 50 acres of the total site:

Use	Subject to	Permitted Use (P) or Conditional Use (C)
Convenience store	—	P
Financial institution	—	P
Local retail business	—	P
Personal services	—	P
Recreation, indoor commercial	§ 220-31I	C
Recreation, outdoor commercial	§ 220-31I	C
Restaurants	—	P
Retail store	—	P
Sale and storage of building materials	—	P
Therapeutic massage establishment	—	P

Office uses shall include the following, as authorized:

Use	Subject to	Permitted Use (P) or Conditional Use (C)
Adult day care	§ 220-31K	C
Business or professional office, large	—	P
Business or professional office, small	—	P
Business services	—	P
Child-care center	§ 220-31X	C
Church	§ 220-31F	P
Contracting business	—	P
Day-care center	§ 220-31K	P
Funeral homes and mortuaries	§ 220-31O	C
Garage, public	—	P
High-technology industries	—	P
Hospital	—	C
Hotel	§ 220-31U	C
Municipal facilities	§ 220-31V	P
Research and development	—	P
School, commercial	—	P
School, public or private	§ 220-31F	C

§ 220-27.5 Required ratio of impervious surface area by use.

A minimum of 30% of the impervious surface coverage provided shall be dedicated for development as either office use, single-family or multifamily residential use, where at least 15% or half is provided as either single-family or multifamily residential use, with the remainder authorized as retail use impervious surface coverage.

Residential use impervious surface coverage. Uses shall be credited the following square feet of building coverage as the gross floor area of each:

(1)

Single-family: 3,000 square feet.

(2)

Two-family: 2,000 square feet.

(3)

Triplex, fourplex, or townhouse: 2,000 square feet.

(4)

Multifamily dwelling units, including such units within a mixed-use building: 1,500 square feet.

(5)

Group care facilities, personal care boarding homes, or nursing homes: 500 square feet per bed.

Incorporated planned residential development. The impervious surface coverage of residential units within an incorporated planned residential development shall not apply to credits instituted by Subsection B of this section.

§ 220-27.6 Impervious surface coverage and dwelling units authorized.

This section authorizes the total amount of impervious surface coverage in square feet of retail, office, and multifamily residential uses and the number of single-family residential dwelling units permitted on the site as a whole. Each portion of the site defined in this section is authorized an amount of impervious surface coverage based on the underlying zoning. The total amount authorized may be constructed as dwelling units and uses that, in combination, do not exceed the amount authorized and meet the standards, buffering, and location requirements of this article. Therefore, the impervious surface area determined below shall be available for use at any point on the site, notwithstanding use limitations such as buffering or development in accordance with the incorporated planned residential development.

Determination of impervious surface area authorized on land area on the site with an underlying zoning of B is as follows:

(1)

Impervious Surface Authorized = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.8)]; or

(2)

The developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under zoning standards applicable to the parcel in the absence of mixed-use planned residential development, following all current ordinances, including grading, slopes, wetlands, land development, streets, etc.; such plan must also be economically viable. This square footage of impervious surface achieved in the conventional land development shall be approved by the Planning Commission and Council as an adjusted maximum density in consideration of the foregoing standards.

Impervious surface coverage on all areas of the site bearing an underlying residential zoning of R-R, R-1, or R-2 shall be determined as follows:

(1)

Number of Lots Permitted = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.8)] / Minimum Acres per Dwelling Unit permitted in the underlying residential district). The aforementioned "environmentally sensitive areas" shall be deemed to include steep slopes, floodplains, and wetlands; or

(2)

The developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under conventional zoning following all current ordinances, including grading, slopes, wetlands, land development, streets, etc.; such plan must also be economically viable. This number of lots achieved in the conventional subdivision could be approved by the Planning Commission and Council as an adjusted maximum density.

(3)

Each lot determined as above shall equate to the following total of impervious surface per such lot in the base or underlying zoning district, as set forth in the table below. In the R-2 District, one single-family unit shall equal one lot, and two of every other type of unit shall equal one lot. The following allotted areas are presumed to cover the overall average of impervious surface relating to a minimum lot in the respective district and includes structure, driveways, compacted soils, and streets. The amount is therefore an average rather than a site-specific calculation.

	Zoning District	Amount of Impervious Surface Allocated Per Determined Lot
	R-R	16,000
	R-1	13,000
	R-2	10,000

Determination of impervious surface area authorized on any land area on the site with an underlying zoning of R-3 is as follows:

(1)

Impervious Surface Authorized = [(Gross Acreage – Acreage of Environmentally Sensitive Areas) * 0.65)]; or

(2)

Depiction of impervious surface on tentative plan.

(1)

Where portions of the tentative plan note construction of areas designated for single-family residential developments or as an incorporated PRD in accordance with this article, the developer shall provide an estimate of impervious surface coverage based on average lot coverage of structures proposed, streets, and average coverage of driveway in a manner similar to the table shown in § 220-27.6C but based on the proposed modified standards of the residential area. The Planning Commission and Council shall consider and determine the ultimate amount of impervious surface area assumed in the residential portions. Council shall require draft covenants to be made part of tentative approval and applied to the final phases, in a manner that reasonably ensures construction of impervious surfaces commensurate with that determined.

(2)

The developer shall estimate the impervious surface area for all portions or phases designated as multifamily residential, office, and retail use on tentative approval.

(3)

The above shall be considered at tentative approval to determine conformance with the impervious surface area allotted for the site.

§ 220-27.7 Site configuration and design.

Single-family residential uses.

(1)

Areas bearing single-family residential uses shall be expressly designated on specific areas of the site as separate parcels. Said parcels shall be developed in accordance with and subject to all standards of Article IV, Planned Residential Development, unless modified by this article.

(2)

Notwithstanding the requirements applicable to incorporated planned residential developments, each such parcel or site shall consist of a minimum of three acres.

(3)

Required perimeter setbacks shall be applied only to the perimeters or site boundaries of the overall mixed-use and planned residential site as tentatively approved, wherein incorporated planned residential developments shall be considered part of the site.

(4)

The amount of units on each individual site shall be determined by the maximum dwelling unit density as set forth in Article IV, Planned Residential Development, as applied to those specific land areas designated as residential uses.

Retail, office and multifamily residential uses.

(1)

Areas bearing the above uses shall be expressly designated on specific sections of the plan as dedicated to the construction of one or a combination of the above uses.

(2)

General design standards.

(a)

The standards of this part shall apply to all areas net open space required by this article.

(b)

Maximum impervious surface coverage: 80%.

(c)

The development shall meet all performance standards of the Business District (§ 220-16) and § 220-31Z, Mixed-use development, notwithstanding the objectives of this article or lesser or modified express standards of this article.

Environmental and conservation standards.

(1)

Disturbance of steep slopes as regulated by the supplemental standards of this chapter and revegetation of the site shall be in accordance with the performance standards of the B Zoning District as outlined in § 220-16.

Parking lot design and building placement. General site design and grading shall employ terracing where feasible, in order to minimize disturbance where the total site bears 30 or more parking spaces. Feasibility shall be determined by the Municipal Engineer in consideration of geology, ability to meet building code requirements, and stormwater best management practices.

Single-family residential uses shall be situated in a manner that maximizes buffering from and acts as a transition area for adjoining residential development.

Multifamily residential, retail, office uses and shared parking areas shall locate within areas of the development such that landscaping, terrain or buffering therein shield the effects of lighting related thereto.

The plan shall demonstrate the provision of adequate security measures to service planned commercial development in consideration of local police response data to similar uses and security needs at similar stores in comparable locations.

Lighting, whether mounted on a building or freestanding, shall be limited to 20 feet in height in a portion of the development bearing an underlying residential zoning. Generally, lighting shall adhere to the uniformity ratios defined in this chapter within the B District for retail and office uses with the residential district limitations applying to single-family and multifamily residential uses. The restrictions of light spillover to residentially zoned property lines set forth in § 220-52, Lighting, shall be applied to the internal lot lines of open space dedicated or set forth within the plan and setbacks and buffering from residentially zoned properties required by this article, as applied to specific structures within the plan. Additionally, Council may require reductions in lighting serving establishments when such establishments are closed to regular operation.

§ 220-27.8 Open space and buffering standards.

At least 30% of the entire site shall be preserved as perpetual open space where said areas are preserved through covenants or conveyance to the Municipality, at the sole option of the Municipality. Said areas shall be delineated by separate parcel or conservation easement delineated by metes and bounds on the recorded plan. Council may require additional open space where such is deemed necessary to meet the objectives of Subsection C of this section.

Common open space shall be provided for all residential uses bearing separate dwelling units, including multifamily dwelling units, and those within mixed-use buildings, Common open space shall be provided in a manner required for such units by Article IV, Planned Residential Development, such that residential dwelling units are within safe and reasonable pedestrian access of said common open space.

Generally, open space shall serve to and shall be organized in such a manner as to promote the following objectives:

(1)

Preserve and protect steep slopes and healthy woodlands or promote the preservation of vegetation on slopes created by the development within the standards of this chapter;

(2)

Preserve and maintain natural areas such as riparian buffers, wetlands, and meadows to the extent that such act as natural recharge and infiltration areas;

(3)

Provide for greenspace and corresponding trail connections as may be reflected on the Official Map or in accordance with the parks, recreation, and open space plan; and

(4)

Provide for general site design that maximizes buffering of adjacent residentially zoned areas and public rights-of-way through the preservation of existing natural features and that defines the site as a clear and distinct node of development in accordance with overall site configuration requirements.

Setbacks and buffering; transitional areas.

(1)

The following setbacks shall apply only to the site boundaries.

(2)

A seventy-five-foot buffer area shall be maintained around the perimeter of the site which borders either residentially zoned property or streets directly fronted by residentially zoned property(ies) which may consist of one or a combination of the following in a manner that provides year-round screening and minimization of the effects of lighting:

(a)

Woodland areas that provide adequate buffering.

(b)

Evergreen trees as high-level plantings as a continuous screening.

(c)

Landscaping mounding to include ornamental trees and low-level plantings.

(3)

The developer shall utilize one or a combination of the following two options authorized in this section as a means of buffering the effects of nonresidential and multifamily development.

(4)

Option 1. The developer shall utilize an area of single-family residential use as a PRD as a means of transitional buffering between site boundaries bordering residentially zoned properties as shown in the following table. Setbacks authorized as ranges shall be determined based upon ability of one or more of the following to provide year-round screening from the visual effects of development, namely, commercial and incompatible residential development, character of existing vegetation and its ability to provide year-round screening, existing topography and proposed cuts and fills on the site, and the type of dwelling units proposed along with their proximity to the site boundary and compatibility with the character of existing residential properties bordering the site:

Use	Building Size (Gross Floor Area) (square feet)	Setback From Residentially Zoned Property Line (feet)	Setback From Residentially Zoned Property Line Separated by Street (feet)	Setback From All Streets Separating Site Boundary From Mixed-Use- or Business-Zoned Parcels (feet)	Setback From Site Boundaries Immediately Adjoining Business- or Mixed-Use-Zoned Parcels
Single-family residential	All sizes	Must occupy minimum setback of 75 feet to 300-foot buffer area bordering subject property line	Must occupy minimum setback of 75 feet to 275-foot buffer area bordering subject property line	75	75
Multifamily residential, retail and office use	Less than or equal to 20,000	300	275	75	75
Multifamily residential, retail and office use	Greater than 20,000	300	275	75	75

(5)

Option 2. The developer may elect to utilize the lesser setbacks provided in the following table for multifamily residential, retail and office uses that occupy buildings equal to or less than 20,000 square feet or gross floor area. Where the lesser standard is utilized as opposed to that required for buildings exceeding said size, a transitional buffer area determined through the standards of Option 2 for the construction of nonresidential or multifamily buildings subject to the following standards shall be provided:

(a)

Any building wall which faces a residentially zoned property line shall adhere to those standards of § 220-67.1, Building Design and Amenities Performance Standards, that apply to front lot lines.

(b)

Loading areas adjoining the aforesaid building walls shall be adequately screened by topography, landscape mounding, or year-round vegetation.

(c)

The developer shall present a vegetation plan or assessment of existing vegetation prepared by a qualified professional forester or a landscape architect proposing additional landscaping, acceptable to the Municipality, that ensures year-round buffering of lighting effects and parking lots within the residential buffer area otherwise required.

(d)

In no case shall parking lots or parts thereof be located within the required buffer or setback.

Use	Building Size (Gross Floor Area)	Building Setback From Residentially Zoned Property Line (feet)	Building Setback From Residentially Zoned Property Line Separated by Street (feet)	Building Setback From All Streets Separating Site Boundary From Mixed-Use- or Business-Zoned Parcels (feet)	Building Setback From Site Boundaries Immediately Adjoining Business- or Mixed-Use-Zoned Parcels
Single-family residential	All	75	75	75	75
Multifamily residential, retail and office use	Less than or equal to 20,000	200	100	75	75
Multifamily residential, retail and office use	Greater than 20,000	300	250	75	75

(6)

Landscaping required by the supplemental standards of this chapter shall be provided at a rate applicable to the site, excluding open space area required. A mixture of high- and low-level plantings required shall be planted around the perimeter of the site bordering or divided by a street bordering B- or MU-zoned property.

(7)

Parking drives shall be set back at least 75 feet from any site boundary. Internal access drives shall be set back 50 feet from any site boundary, notwithstanding stricter requirements of this section.

§ 220-27.9 Phasing requirements, application requirements and process and modifications.

Phasing requirements.

(1)

The site may construct up to 40% of the impervious surface area approved for retail uses within the first phase of the plan.

(2)

A minimum of 25% of the approved residential use impervious surface coverage shall be constructed prior to the approval of any final phase which contains more than 50% of retail and office use impervious surface coverage.

(3)

All approved residential units shall be finally approved prior to and with the final approval or subsequent final approvals that contain more than 50% of the retail and office use gross impervious surface coverage approved during tentative approval.

(4)

For purposes of traffic fee studies associated with Chapter 135, Impact Fees, site design, and phasing, all "imminent development," defined as any development for which an application for further subdivision or land development on the site is submitted within 18 months of tentative approval, shall be included within the scope and impact contemplated through the required study.

(5)

Council shall require covenants to be placed on the land to which the Municipality of Murrysville is a party to ensure construction of future phases in a manner commensurate with tentative approval and this article and in the application of such may consider de minimis waivers of the approved phases as defined in this section.

Developments considered and approved under this article shall be subject to all tentative and final approval application requirements, timelines of action, modification, and postapproval requirements as set forth in Article IV, Planned Residential Development, unless otherwise modified herein.

In addition to the above, the following items shall be required at tentative approval:

(1)

Preliminary security plan referencing the basis for security proposed.

(2)

Incorporation of adjoining street widths and specifications for existing streets in the required traffic study.

In addition to the above, the following items shall be required at final approval:

(1)

Final security plan.

(2)

Any covenants required by tentative approval as relating to subsequent phases.

Minor changes to approved plan. After 18 months of a final plan phase recordation, the following proposals shall be deemed minor changes to the approved plan which would not require a revised final planned residential and mixed-use development within an area approved and constructed and which would be subject to the approval through the standards and processes defined in Chapter 201, Subdivision and Land Development:

(1)

Any expansion of an existing structure or replacement of a structure with one or more structures in the office or retail use areas, the result of which does not exceed more than 50% of the originally approved structure's size.

(2)

The further subdivision of parcels in the office or Retail Use areas which preserves or allows the continued imposition of those setbacks determined in final approval.

(3)

Changes of use within respective office and retail use areas.

(4)

The above shall not alter the required ratio or percentages of office, retail and proportional requirement of residential and shall not add more than 300 additional trips generated from the site. Where impervious surface coverage is specifically designated as residential use or office use in order to meet the minimum requirement of thirty-percent nonretail, the change of use shall lie within the category of residential use or office use as designated. (Up to one additional residential unit required through a business expansion in order to maintain the required ratios shall be considered de minimis and shall not require construction of said unit. This exception shall be granted only once per original parcel approved.)

(5)

All future improvements, regardless of whether or not each requires a revised final mixed-use planned residential development, shall conform to building design and amenities performance standards,[1] those standards required of this article, and all specific setbacks and standards determined by the final plan approval.

[1]

Editor's Note: See § 220-68.

§ 220-27.10 Incorporation of appendix.

Any development submitted in accordance with this article shall consider and reasonably adhere to those illustrations presented within Appendix A, General Business Overlay Design Manual,[1] as design guidelines demonstrating the criteria of this article in a manner that meets its objectives.

[1]

Editor's Note: Appendix A is included at the end of this chapter.