In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I, §§ 350-1 and 350-2, respectively, of this chapter, and in furtherance of the goals and policies of the adopted Upper Moreland Township Comprehensive Plan, the Willow Grove Core Area Study and the Montgomery County Plan for Revitalizing Commuter Rail Stations, it is hereby declared to be the intent of this article, with respect to the CC Commercial Core District, to:
A.
Encourage the development, redevelopment and revitalization of land
and buildings within the defined core area for a variety of commercial
and office uses, either individually or within the same building,
and for compatible mixed-use developments, incorporating both residential
and nonresidential uses, so that new development can serve to mutually
support and strengthen the existing linkages between the commuter
rail station, its ancillary facilities, and the defined core area.
B.
Encourage increased ridership on the existing commuter rail system.
C.
Minimize traffic congestion on roads serving the core area, while
promoting energy conservation, by encouraging pedestrian-oriented
transit ridership, structured parking facilities and shared accessways.
D.
Increase the comfort and convenience of rail commuters and promote
the choice of transportation modes for travelers to and from the station
and its environs.
E.
Provide density and intensity incentives for those development plans
that include design features, facilities and other improvements that
support and enhance the interrelationships among the commuter rail
station, the defined core area and adjacent areas.
F.
Finally, it is the intent of the CC District to provide for the evaluation
of all subdivision and development activity proposed to be located
within the defined Commercial Core District to ensure that subsequent
development, if implemented, will to the maximum extent feasible be
compatible with the goal of integrating the commuter rail station
and its supporting facilities into an overall program for the development,
redevelopment and revitalization of the core area in furtherance of
the general welfare of the residents of Upper Moreland Township and
commuters from surrounding communities.
In the Commercial Core District, a building may be erected,
altered or used and a lot may be used or occupied for any of the following
uses or combination of said uses and no other:
A.
Rail station and supporting facilities, including taxi stand, bus
shelter and similar uses.
B.
Those uses permitted in the C-1 Commercial District, Article XII, and the O Office District, Article XV, of this chapter. However, new residential dwellings, in accordance with the requirements of the R-3 Residence and M Multiple Dwelling Districts, shall not be permitted in the CC Commercial Core District.
C.
Mixed-use developments, including combinations of any of the permitted uses above, residential uses and any of the conditional uses, either within a single building or in separate buildings on the same site, in accordance with the requirements of § 350-57 of this article.
E.
Active and passive open space and recreation areas, plazas, arcades,
pedestrianways and other public spaces.
F.
Parking and loading facilities, including above-grade, structured
parking for the use of patrons, residents and employees.
G.
The following uses, when authorized as a conditional use by the Board
of Commissioners of Upper Moreland Township:
(1)
Hotel or motel, provided that every room shall include a bathroom, each room and bath shall have a total minimum usable floor area of not less than 200 square feet, the minimum tract size shall be not less than one acre, and all other development requirements shall be in accordance with § 350-57 of this article.
(2)
Gasoline service station, auto repair shop, and fast-food restaurant,
only when such uses are proposed as part of a mixed-use development.
H.
Accessory uses located on the same lot with and customarily incidental
to the permitted and conditional uses specified in this section.
The following general development prerequisites must be met
by any applicant desiring to develop land within the Commercial Core
District.
A.
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract. It shall be agreed that the tract will be developed under single direction in accordance with an approved plan. Development of the tract shall commence in earnest in accordance with the development agreement required in Subsection D herein. Transfer of ownership, except by mortgage, prior to or during construction shall result in a meeting between the new owners and the Board of Commissioners to reaffirm the development agreement.
B.
Sewer and water facilities. The tract of land shall be served by
public sewer and centralized water facilities deemed acceptable by
the Board of Commissioners upon recommendation of the Township Engineer.
C.
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of each area of the entire tract, which plan or plans shall comply with §§ 350-58 and 350-59 of this article, as well as all pertinent requirements of the Upper Moreland Township Land Development and Subdivision Regulations, and other applicable ordinances.
D.
Development agreement. The development of a tract carried out in
either a single phase or in stages shall be executed in accordance
with a development agreement. The owner, developer and Township shall
enter into said agreement embodying all details regarding compliance
with this article and the Land Development and Subdivision Regulations
to assure the binding nature thereof to the overall tract and its
development, which agreement shall be recorded with the final development
plan.
A.
The pertinent development regulations of the C-1 Commercial District
and the O Office District shall apply to the rehabilitation or reconstruction
of the existing mixed-use developments or the development of a single
use in the CC Commercial Core District.
B.
The following development regulations shall apply for new mixed-use
developments in the Commercial Core District:
|
Site Development Requirements
|
Nonresidential Mixed Use
With 2 or More Nonresidential Uses
|
Residential Mixed Use
With at Least 1 Nonresidential Use*
| |
|---|---|---|---|
|
Minimum tract size(a)
|
20,000 square feet
|
2 acres
| |
|
Maximum density(b) (without bonus)
|
N/A
|
25
| |
|
Minimum frontage(c)
|
50 feet
|
50 feet
| |
|
Minimum building setbacks(d)
|
25 feet(1)
|
35 feet(1)
| |
|
40 feet(2)
|
35 feet(2)
| ||
|
0 feet(3)
|
0 feet(3)
| ||
|
Minimum parking setbacks(e)
|
10 feet(1)
|
10 feet(1)
| |
|
15 feet(2)
|
15 feet(2)
| ||
|
0 feet(3)
|
0 feet(3)
| ||
|
0 feet(4)
|
0 feet(4)
| ||
|
Maximum building coverage (without bonus)
|
35%
|
35%
| |
|
Maximum impervious coverage(f)
|
80%
|
65%
| |
|
Maximum height
|
45 feet
(4 stories maximum)
|
65 feet
(6 stories maximum)
| |
|
Minimum public space(g)
|
20%
|
30%
|
|
NOTES:
| ||||
|---|---|---|---|---|
|
*
|
Said use(s) shall be at least 20% of the total floor area of
the overall development. For every ten-percent increase in commercial
floor area, the overall residential density shall be decreased by
five dwelling units per acre.
| |||
|
(a)
|
Excluding the rights-of-way of existing public roads.
| |||
|
(b)
|
Dwelling units per acre, excluding the rights-of-way of existing
public roads.
| |||
|
(c)
|
Measured along the street line.
| |||
|
(d)
|
Measured from:
| |||
|
(1)
|
The street line;
| |||
|
(2)
|
Any other property line; except
| |||
|
(3)
|
Not required with shared development along a side or rear property
line or where, following review by the Planning Advisory Agency, agree
to development along the side or rear property line.
| |||
|
(e)
|
Measured from:
| |||
|
(1)
|
The street line.
| |||
|
(2)
|
Any other property line.
| |||
|
(3)
|
With shared (either surface or structured) parking facilities.
| |||
|
(4)
|
With subsurface parking facilities.
| |||
|
(f)
|
The total paved area of a tract.
| |||
|
(g)
|
The total area of the tract devoted to recreation areas, plazas,
arcades, pedestrianways and other areas for public use (excluding
roads, access driveways and parking areas), that are available for
use by development residents, businesses and the general public.
| |||
C.
Rail station core development incentives. The following development incentives may be applied for in the Commercial Core District, provided the applicant can demonstrate compliance with the pertinent requirements of §§ 350-57D and 350-59 of this article. Furthermore, the applicant shall demonstrate compliance with the overall intent of this article and with the goals and policies of the Upper Moreland Township Comprehensive Plan, the Willow Grove Core Area Study and the Montgomery County Plan for Revitalizing Commuter Rail Stations. Acceptance of any rail station core development incentives shall be subject to review and approval by the Board of Commissioners.
(1)
A maximum density increase of 20% above the specified maximums in
this article.
(2)
A maximum height increase of 30 feet (or three stories) above the
specified maximums in this article, except that this provision shall
apply only to nonresidential mixed-use developments.
(3)
A maximum building coverage not to exceed 50% of the total lot area.
(4)
A maximum decrease of 25% of the parking space minimums specified
in this chapter. However, shared parking facilities must be included
in the proposed development plan if an applicant is to qualify for
this incentive.
D.
Qualifying criteria for rail station core development incentives. At least two of the following criteria must be attained by an applicant proposing a development plan incorporating one or two of the development incentives specified in Subsection C of this section; at least four of the criteria must be attained to receive three of the incentives; and at least five of the criteria must be attained to receive all four of the incentives.
(1)
Proposed public spaces at least 20% above the minimum requirements
of this article.
(2)
Parking areas at least 75% subsurface or structured, either in a
freestanding accessory building or as an integral part of the proposed
principal building(s).
(3)
Parking spaces shared with one or more adjacent uses, so that the number of proposed accessways may be reduced or channelized. If an adjacent site is not available, then an applicant may share parking spaces with another use or uses within the CC Commercial District, subject to review and approval by the Board of Commissioners. Total parking spaces required before the twenty-five-percent reduction shall be determined in accordance with Subsection E(6) of this section.
(4)
Accessways that are shared with one or more adjacent uses without
shared parking facilities.
(5)
Pedestrian accessways to the commuter rail station in addition to
the sidewalks located within the right-of-way of a public road.
(6)
Amenity features, such as street furniture, spray and drinking fountains,
tot-lots and other services necessary for the comfort and convenience
of the prospective residents and users of the development.
(7)
Additional parking spaces beyond the required minimums, provided
they are made available for use by rail commuters.
(8)
Off-site improvements to the Willow Grove Station building or station
site.
E.
Other development regulations. The following additional development
regulations shall apply to any proposed development in the Commercial
Core District:
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall
be placed underground.
(3)
Lighting facilities. Lighting facilities shall be provided by the
applicant and arranged in a manner which will protect the highway
and neighboring properties from unreasonable glare or hazardous interference
of any kind.
(4)
Landscaped planting and buffer areas. For those tracts located adjacent to existing residential use or residential zoning district, applicants shall provide a landscaped and planted buffer area of sufficient capacity to effectively screen from view those activities which may be objectionable to adjacent property owners, landscaped in accordance with Chapter 300, Article V, § 300-43C, of the Upper Moreland Township Code. The depth and extent of such a buffer area shall be determined by the Board of Commissioners, following the review and recommendation of the Township's consulting landscape architect and the Township Engineer.
(5)
Trash and refuse areas. The design of buildings in the Commercial
Core District shall include either a provision for the storage of
trash, refuse and garbage inside the building(s) or within a walled
area outside the building(s). The walls of such a trash and refuse
area must shield the trash and refuse from direct view of any adjacent
property.
(6)
Off-street parking and loading facilities. Proposed residential uses shall provide off-street parking and loading facilities in accordance with the requirements of Article XXIV, § 350-178, of this chapter. Proposed nonresidential uses in either a mixed-use development and those proposed with shared parking and loading facilities shall provide a minimum of five parking spaces for retail commercial uses and four parking spaces for office uses, respectively, for each 1,000 square feet of gross leasable area (GLA). Individual nonresidential uses or those mixed-use developments not qualifying for shared parking shall provide parking spaces in accordance with Article XXIV, § 350-178, of this chapter. In developments involving both residential and nonresidential uses, the total required parking spaces shall be the sum of that required for the individual uses as calculated using this subsection.
In addition to the information to be shown on plans submitted
in accordance with the Upper Moreland Land Development and Subdivision
Regulations, the following information shall be shown by all applicants
desiring to develop land within the Commercial Core District:
A.
The location and size of the site.
B.
The proposed density (dwelling units per acre) and/or intensity (gross
floor area and gross leasable area) of the proposed development.
C.
The total amount of proposed public space, including a breakdown
of open space and paved public space, if any. The manner of ownership
and maintenance of any such public space shall also be set forth,
including a copy of the covenant to be incorporated in the individual
deeds, if applicable.
D.
The height and placement of proposed buildings or building groups
and their relationship to existing structures on the same and adjacent
tracts.
E.
The number of proposed off-street parking and loading spaces for
each use or group of uses.
F.
A written statement from the appropriate authority(ies) establishing
the availability of public sewer and water systems to serve the proposed
development.
G.
Plans, maps and/or renderings showing the relationship of the proposed
development to its immediate surroundings and to the commuter rail
station.
H.
The text of pertinent covenants, easements and existing restrictions
or those to be imposed upon the land or buildings, including provisions
for public utilities and public access.
I.
For plans involving staged development exceeding two years, a schedule
showing the proposed time and manner of completion of all phases of
construction.
An applicant proposing to rezone, develop or subdivide a parcel or parcels of land or convert an existing building or use in accordance with the requirements of this article shall comply with §§ 350-56 and 350-58 of this article and shall also provide a narrative description of the proposed action(s) as well as pertinent supplementary materials to the Township Manager. The narrative description shall set forth:
A.
The relationship of the proposed action to the declaration of legislative
intent of this article.
B.
The applicant's request for development incentive(s) (if any), as
well as the qualifying criteria that will be met in order to justify
the requested development incentive(s).
C.
A general description of the proposed building(s) and use(s), when
pertinent, as well as the proposed off-street parking and loading
and vehicular and pedestrian access systems and their relationship
to the commuter rail station and its ancillary facilities.
D.
When pertinent, appropriate legal documents setting forth any agreement
for shared parking and loading facilities and vehicular and pedestrian
accessways.
E.
A written request and description of any proposed modifications from
the standards of this article being sought by the applicant.
F.
A general description of the alternatives considered by the applicant
prior to selecting the proposed course(s) of action and request(s)
for modifications, if any.
The plans and documents required in § 350-59 of this article shall be reviewed in accordance with the following process:
A.
Township and County Planning Commissions review. The plans and documents required in § 350-59 of this article shall first be reviewed by the Township Planning Agency. Its review shall be submitted to the Board of Commissioners not later than 45 days after the applicant has filed an intention with the Township Manager to develop, convert or subdivide land or a building within the Commercial Core District.
(1)
If the proposed action involves a subdivision, land development or
conditional use, as defined in Act 247, the Pennsylvania Municipalities
Planning Code,[1] a copy of the submitted materials shall be submitted to
the Montgomery County Planning Commission for its advisory review.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
If the proposed action does not fall under any of the actions specified in Subsection A(1) above, the Board of Commissioners may request the Montgomery County Planning Commission to undertake an informal, advisory review of the submitted materials.
(4)
In any case, the Board of Commissioners shall not act upon the applicant's
proposal until the expiration of 45 days or the receipt of the Township
and (where applicable) County Planning Commission reviews, whichever
occurs first.
B.
Township Engineer review. Simultaneously with the review of the Township
and County Planning Commissions, the Board of Commissioners shall
request the review of the Township Engineer on the submitted materials.
This review shall also be completed not later than 45 days after the
applicant's submission of plans with the Township Manager.
C.
Board of Commissioners' review and action. The Board of Commissioners
shall review the recommendations of the reviewing parties and shall
act upon the applicant's proposal within 90 days (unless said time
period is extended by agreement with the applicant) from the date
of the applicant's submission of plans with the Township Manager.
(1)
In the case of a conditional use, the Board of Commissioners shall
conduct a public hearing, pursuant to public notice, on the applicant's
proposal. The initial decision on the proposed conditional use shall
be made not later than 30 days following the last public hearing on
the proposed action.
(2)
In rendering a negative decision against any proposed action within
the Commercial Core District, the Board of Commissioners shall clearly
set forth the reasons for its decision and any ameliorative steps
that the applicant could take to address the problems raised by the
present submission.
In addition to the incentives for various actions specified in this article, the Board of Commissioners may approve minor modifications to the site development regulations of this article if, in its opinion and with the concurring advice of the Township Engineer and Township Planning Agency, the proposed modifications will result in furthering the declaration of legislative intent of this article. Any such modifications shall be requested in writing by the applicant in accordance with the requirements of § 350-59 of this article.
