[1]
Editor’s Note: This ordinance was reaffirmed 10-1-2013.
A.
Intent. Pursuant to the power and authority granted by the Pennsylvania
Municipalities Planning Code, Act No. 247,[1] as amended, the regulations of the Loop Road Overlay District
are intended to meet the following criteria:
(1)
The Loop Road Overlay District shall be deemed an overlay district on the specific parcels identified on the Zoning Map. The regulations, requirements and restrictions set forth in this article shall apply to development in the Loop Road Overlay District and shall supersede the regulations, requirements and restrictions applicable to the underlying zoning district.
(2)
The purpose of establishing the Loop Road Overlay District shall
be to allow the development of a well-planned, designed, built and
maintained shopping center on a large parcel of ground crossing municipal
boundaries and designed around a new loop road. The planned shopping
centers in the Loop Road Overlay District may provide for a variety
of uses within the same complex. Such centers shall have all necessary
services and facilities comprehensively provided in accordance with
an approved development plan. Provisions of this district are formulated
to achieve harmoniously designed structures upon a well-designed and
well-landscaped site.
(3)
The Loop Road Overlay District may be applied to those parcels
of land, as designated by the Township from time to time, that are
zoned LI, Light Industry District.
(4)
The Loop Road Overlay District may be applied to those parcels
of land that include in their development plan the completion of the
Wilmington-West Chester Pike and Baltimore Pike Loop Road as recommended
in the Comprehensive Plan Update of Concord Township dated June 6,
2000.
(5)
The Loop Road Overlay District may be employed to mitigate zoning
provision differences with other municipalities when a parcel of land
is situated in two municipalities and different zoning provisions
apply, thus creating a more coordinated, efficient and well-planned
development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Use regulations for the Loop Road Overlay District.
(1)
Use by right (permitted principal uses).
(a)
Retail shops and services in excess of 65,000 square feet are permitted uses. Retail shops and services in excess of 65,000 square feet shall utilize a Loop Road Overlay District design as set forth below, and shall be governed exclusively by the area, bulk and design requirements as set forth in § 210-160.2 below, with no other area, bulk and/or design regulations being applied. In the event of a conflict between the requirements of § 210-160.2 and any other ordinance provision, the requirements of § 210-160.2 shall supersede, govern and control. Developments within the Loop Road Overlay District may consist of one or any combination of the following uses:
[1]
Retail shops;
[2]
Retail services;
[3]
Restaurants (including outdoor seating, but excluding
drive-through services, with outdoor seating permitted only by conditional
use);
[4]
Banks or other financial institutions;
[5]
Offices;
[6]
Health club, or juvenile or adult-care facility
by special exception only;
[7]
Supermarket (i.e., a large retail store that sells
groceries, food, household goods, and a variety of other items; with
the right to sell prepared food for takeout or on-site consumption);
[8]
Retail and wholesale hardware and building supply
store (i.e., a store selling hardware, building supplies and similar
products and services on a retail and/or wholesale basis);
[9]
Only one motor vehicle repair shop and/or motor
vehicle parts and accessories store, not to exceed 9,500 square feet
total gross floor area, with no vehicle sales and with all temporary
outdoor storage of vehicles visually screened;
[10]
Civic or municipal facilities;
[11]
Hotel or inn, with or without conference facilities;
and
[12]
Health centers, medical offices, rehabilitation
and therapy centers, sports medicine facilities and urgent care facilities.
Such uses shall not include overnight stays.
[Added 7-21-2015 by Ord.
No. 366]
(2)
Accessory uses customarily incidental to the uses listed above.
(3)
Conditional use. Retail shops and services that include a single
building in excess of 65,000 square feet shall require conditional
use approval.
A.
The following requirements shall control the development in the Loop
Road Overlay District:
(1)
Yard and area regulations.
(a)
Tract area. The minimum size of a tract shall be 20 acres.
(b)
Maximum building coverage. Not more than 40% of the tract area
within a Loop Road Overlay District may be occupied by buildings.
(c)
Maximum impervious surface coverage. Not more than 70% of the
tract area within a Loop Road Overlay District may consist of impervious
surface coverage.
(e)
Minimum setback requirements for buildings and parking structures,
measured from the tract perimeter. Any building or parking structure
shall be set back at least 35 feet from the tract boundary; except
where the tract boundary abuts an existing residential use which is
residentially zoned (excluding overlay district zoning), in which
case the building or parking structure setback requirement shall be
increased to 150 feet.
(f)
Minimum setback requirements for surface parking areas and interior
roads, measured from the tract perimeter. Any surface parking area
or interior road (excluding a loop road constructed to divert traffic
from a major intersection) shall be set back at least 5 feet from
the tract boundary; except where the tract boundary abuts an existing
residential use which is residentially zoned (excluding overlay district
zoning), in which case the setback requirement for any surface parking
area or interior mad (excluding a loop road constructed to divert
traffic from a major intersection) shall be increased to 100 feet.
(g)
Minimum distance between buildings. All buildings shall be arranged
in a group or groups of buildings, and the distance, at the closest
point between any two buildings, or groups of attached buildings,
shall be not less than 25 feet, except where such auxiliary building
shall be used for housing a transformer(s), tank(s) or is to be used
as a hose house or for other items which are to be used within the
building it serves.
(h)
Maximum heights. No building shall exceed 40 feet in height;
except that the building setback from the right-of-way line of a street
shall be increased by four fret for every one foot of building height
above 40 feet, up to a maximum height of 60 feet.
(i)
Contiguous lands located in an adjacent municipality may be
utilized to satisfy the dimensional requirements applicable to developments
within the Loop Road Overlay District, provided said lands are being
developed as part of a planned shopping center.
(5)
Landscaping regulations. The landscaping needs associated with
any given Loop Road Overlay District may vary substantially depending
upon the site design, topography and other factors; thus landscaping
requirements need to be determined on a case-by-case basis. The applicant
shall submit a detailed landscape plan during land development review,
which shall follow the applicant's submission of a conceptual
landscape plan as part of the conditional use hearing. The detailed
landscape plan shall be substantially consistent with the conceptual
landscape plan, as approved at the conditional use hearing.
(6)
Screening and buffering. As with landscaping in general, the
screening and buffering needs associated with any given Loop Road
Overlay District may vary substantially depending upon the site design,
topography and other factors; thus requiring design on a case-by-case
basis. The applicant shall submit a detailed screening and buffering
plan during land development review, which shall follow the applicant's
submission of a conceptual screening and buffering plan as part of
the conditional use hearing. The detailed plan submitted at land development
review shall be substantially consistent with the conceptual plan
as approved at the conditional use hearing.
(7)
Lighting. Lighting shall be approved as a condition of final
plan approval.
(8)
Permitted signs.
(a)
Entrance signs. No more than one entrance sign identifying the
name of the development(s), developer(s), owner(s), operator(s) or
tenants shall be permitted at each intersection of an entrance drive
and a principal arterial street or public collector street, provided
that the following regulations are met:
[1]
The maximum surface display area of the sign shall
not exceed 200 square feet on any one face; however, the Board of
Supervisors shall have discretion to increase the surface display
area to 225 feet if, upon review, such sign size is deemed necessary
or otherwise in the Township's best interest.
[2]
The maximum height shall not exceed 30 feet.
[3]
In no event shall the sign overhang any parking
area, drive or pedestrian walkway or be closer than five feet to a
public street right-of-way or be installed in sight triangles necessary
for the clear view of traffic.
[4]
Notwithstanding the foregoing, a second entrance
sign shall be permitted at the intersection of an entrance drive and
a principal arterial street or public collector street, subject to
the criteria listed above, if the entrance serves as access to another
use which does not have existing road frontage along a principal arterial
street or public collector street.
(b)
A Loop Road Overlay District identification sign shall be permitted
subject to the following regulations:
(c)
Wall signs. Signs mounted on the walls or facades of a building
shall be permitted, provided that the following regulations are met.
[1]
The total area of all wall signs may not exceed
1.0 square foot of sign area per linear foot of primary facade, including
windows, doors, and cornices; and .5 square feet of sign area per
linear feet for all other facades, including windows, doors, and cornices.
[2]
Wall-mounted signs shall be installed parallel
to the supporting wall and project no more than 18 inches from the
face of such wall and shall not extend above the roof line of such
building. Chimneys, spires, towers, elevator penthouses and similar
projections shall be considered above the roof line of buildings.
(d)
Under-canopy signs. Under-canopy signs not to exceed 10 square
feet in aggregate sign area per tenancy or occupancy shall be permitted.
(e)
Parking structure signs. No exterior signs identifying or advertising
the name of the building, the name of the development, owner, operator
or principal user of the building shall be permitted on any parking
structure, excepting directional signs for traffic control.
(f)
Directory signs. At each of the major entrances to the tract
and/or parking areas signs for the direction of traffic to, or identification
of individual buildings or tenants within the development, shall be
permitted, provided that the following regulations are met:
[1]
The maximum surface display area of each sign shall
not exceed 40 square feet on any one face.
[2]
The maximum height shall not exceed 12 feet.
[3]
Each sign shall be set back a minimum of five feet
from the curb line or edge of paving of any public or private drive
or collector drive, measured from the vertical plane established by
the leading edge of the sign. In no event shall the sign overhang
any parking area, public right-of-way or pedestrian walkway or be
installed in a sight triangle necessary for the clear view of traffic.
[4]
Any directory sign may identify only the development's
subarea name, building name and/or tenants.
(g)
Traffic-control and directional signs. Signs for the control
of vehicular traffic shall be permitted, provided that the area of
each sign shall not exceed four square feet in size. Except for street
signs approved for use on public streets by the Pennsylvania Department
of Transportation, no sign shall exceed three feet in height.
(h)
Flags. Flags of the United States of America, other sovereign
nations, the Commonwealth of Pennsylvania, Delaware County, Concord
Township and the corporate flags of the Loop Road Overlay or its tenants
shall be permitted, provided that the total number and location of
such flags shall be subject to the review and approval of the Board
of Supervisors, and that the square footage be no greater than 96
square feet.
(i)
Off-premises signs. In addition to the freestanding signs permitted by this article, a sign for a development in the Loop Road Overlay District may be located off site, shall have the same area, height and setback restrictions as entrance signs, and shall not be subject to the regulations of § 210-210I, if the sign is located within 2,500 feet of the tract.
(j)
Calculation of the sign area. For the purposes of this section,
"surface display area" or "sign area" shall mean the entire area within
a continuous perimeter formed by straight lines joined at right angles
which enclose the extreme limits of the writing, background, representation
or display of the sign face. The supports, uprights or structure on
which any sign is supported shall not be included in determining the
surface display area unless such supports, uprights or structure are
designed in such a manner as to form an integral background of the
display or conveys meaning.
(k)
All signage for individual tenants shall be reviewed and approved
by the Board of Supervisors, on a case-by-case basis, prior to issuance
of a building permit.
(9)
Off-street parking and loading requirements.
(a)
For developments in the Loop Road Overlay District, all uses
shall be parked at a minimum of 4.5 spaces for each 1,000 square feet
of gross floor area, except as set forth below:
[1]
Restaurant uses: 4.5 for each 1,000 square feet
of gross floor area, provided that the gross floor area of all restaurants
in the Loop Road Overlay District does not exceed 10% of the total
gross floor area. If the gross floor area of all restaurants in the
Loop Road Overlay District exceeds 10% of the total gross floor area,
the gross floor area in excess of 10% shall be parked at 15 spaces
for each 1,000 square feet of gross floor area. Because developments
in the Loop Road Overlay District necessarily provide for shared and
overflow parking, an outdoor seating area shall not be counted as
gross floor area for purposes of determining the number of required
parking spaces.
[2]
Hotel uses: 1.1 spaces for each rental room or
suite. If a restaurant in connection with such a use is open to the
public, the off-street parking facilities for such restaurant shall
not be less than those required for a restaurant.
(b)
Each surface parking space shall consist of a rectangular area
having dimensions not less than nine feet in width and 18 feet in
length. Aisles serving such surface parking areas shall have a minimum
width of 24 feet for two-way traffic and 15 feet for one-way traffic.
Parking lot striping shall conform to existing Township regulations.
(c)
In addition to the required off-street parking areas, there
shall be provided off-street areas for the loading and unloading of
delivery trucks and for the servicing of the buildings by refuse collection,
fuel and other service vehicles, which areas shall be located at the
side or rear of the building, shall be adequate in size and shall
be so arranged that each may be used without blockage or obstruction
of accessways or the automobile parking facilities.
(d)
Contiguous land located in an adjacent municipality may be utilized
to satisfy the parking requirements applicable to developments within
the Loop Road Overlay District, provided said lands are being developed
as part of the planned shopping center.
(e)
The width of an entrance and exit drive is permitted to be greater
than 25 feet for two-way use.
(f)
There shall be no limitation as to the number of parking spaces
permitted to be accommodated in a single parking area.
(10)
Special development regulations.
(a)
Unified plan. Any development plan hereunder shall consist of
a unified, harmonious grouping of buildings, service and parking areas
and landscaped spaces, planned and designed as an integrated unit.
(b)
Ownership. The tract of land to be developed shall be in single
ownership or shall be the subject of an application filed jointly
by the owners of the entire tract, and in which it shall be agreed
that the tract will be developed under single direction in accordance
with an approved master development plan.
(c)
Condominium. The owner of a property in the Loop Road Overlay
District, who has received land development plan approval for a project,
shall be permitted to subject their property to the Pennsylvania Uniform
Condominium Act[1] without having to obtain separate land development approval
for the establishment of the condominium.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(11)
Bus shelters. Bus shelter(s) shall be provided at location(s)
consistent with area bus routes, and subject to approval during final
plan review.
(12)
Utilities. All buildings within the Loop Road Overlay District
shall be served by public water and public sewage services. All utility
lines servicing a development in the Loop Road Overlay District shall
be underground. The applicant shall propose design criteria for all
new traffic signal poles and other poles, which shall be subject to
Township review at final plan approval, unless such design is otherwise
prescribed by the Pennsylvania Department of Transportation.
(13)
Stormwater management. As part of the conditional use application,
the applicant for a development in the Loop Road Overlay District
shall provide plans showing that the tract will be provided with a
unified storm water management plan. The plan shall show the proposed
locations and general design of stormwater detention basins; however,
detailed stormwater engineering and calculations shall not be required
until subdivision/land development plans are submitted.
(14)
Traffic. A traffic impact study shall be required and submitted
as part of the conditional use application. The applicant shall provide
credible evidence that the development in the Loop Road Overlay District
will include sufficient road improvements to mitigate the traffic
impacts of the development on public streets and will avoid significant
increased traffic safety hazards, consistent with the provisions of
the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(15)
Design guidelines. The applicant shall submit design guidelines
for the development in the Loop Road Overlay District to the Township
during the conditional use hearing which shall be reviewed and approved
by the Township as part of the conditional use application, if such
application is approved. The design guidelines shall include, but
not necessarily be limited to, the following:
(a)
Architectural design guidelines for all of the main buildings,
such guidelines providing for facade ornamentation, building offsets,
window treatments, variations of roof line and other elements designed
to reduce the horizontal mass of the buildings.
(b)
Pedestrian linkages to provide for the safe passageway of pedestrians
throughout the Loop Road Overlay District. Trails shall be considered
for connection to adjacent parcels in accordance with the Township
pedestrian linkage plans.
(c)
The applicant shall submit a conceptual public access and pedestrian
connectivity plan as part of the conditional use hearing. This plan
may include site elements such as public open space areas, sidewalks,
crosswalks, plaza space, walking paths, landscaping and other such
features to enhance the public's access to the site and provide
some benefit in terms of gathering space and pedestrian connectivity.
The detailed plan submitted at land development review shall be substantially
consistent with the conceptual plan as approved at the conditional
use hearing.
(16)
Amendments to approved conditional use plan. The Board of Supervisors
may, with the consent of the applicant, modify one or more of the
design elements or conditions of conditional use approval, without
resorting to an amended or new conditional use application, provided
that the amendment is in the best interest of the Township.
