[Ord. 964, passed 10-26-1987]
The D Development District zoning classification is a zoning district which is being created initially for the parcels of land adjacent to McKnight Road in the Town of McCandless. Various uses are permitted, as are hereafter specifically listed and defined including residential, institutional, indoor recreational, special residential, offices and commercial. The intensity of land use and development for the various permitted uses on the properties within the district are governed by a series of performance standards set forth in Article 1314.
[Ord. 964, passed 10-26-1987; Ord. 1163, passed 4-22-1996; Ord. 1360, passed 4-28-2008]
Conventional residential. Conventional residential uses are single-family dwelling units.
Performance residential. Performance residential uses shall consist of the following:
These uses, with the exception of single-family houses, are limited to parcels which were previously zoned R-2 on the west side of McKnight Road, R-3, R-4, R-5, R-6 and I within the D Development District.
Accessory facilities. Accessory buildings are not permitted. Swimming pools, tennis courts and similar facilities for recreation for the exclusive use of the related residential development are permitted in the buildable area.
Accessory uses. A day care center shall be a permitted use in a development containing more than 50 dwelling units. The Zoning Hearing Board may as a special exception authorize retail and service businesses which the Board and the majority of the residents consider reasonably necessary to the convenience of the residents if the development contains more than 50 dwelling units. Any such business shall be located in one of the apartment buildings and shall be limited in area to 1% of the total residential floor area.
Indoor recreational, institutional and special residential uses.
These uses are aquariums, community or recreational centers, day-care centers (day or nursery schools), older adult day-care centers, small-format hospitals, gymnasiums, libraries or museums, nursing homes, personal care homes, public or private schools, indoor recreational centers, indoor skating rinks (ice or roller), indoor swimming pools, indoor tennis, indoor racquetball and indoor handball courts, and hotels.
[Amended 6-25-2018 by Ord. No. 1476]
No outside storage and no outbuildings shall be permitted.
Office. Permitted office uses are governmental offices, business or professional offices, medical offices or outpatient clinics.
Commercial/entertainment. The following uses may constitute up to 20% of the gross floor area within an office development:
Banks, savings and loans, trust companies and other credit related services
Furniture, home furnishings and equipment
Sporting goods, recreation goods and hobby supplies
Apparel and accessories
Full service restaurant and supplemental liquor and lounge optional
Photographic studio and supplies
Beauty shop and barber shop
Drug store and related health supplies
Art gallery and bookstore
Gourmet food stores
Health food stores
Office supplies and equipment
Card shop and accessories
Private indoor clubs
Light mechanical/electronic repair stores
Commercial or trade schools
Home improvement store
[Ord. 1215, passed 5-24-1999]
Permitted as a special exception in the D Development District.
[Ord. 1360, passed 4-28-2008; Ord. 1397, passed 8-22-2011]
A single anchor building, (hereinafter "Anchor Building"), is permitted as a conditional use in the D Development area subject to the following express criteria:
The parcel on which the building is located must be within an initial land development containing no less than 65 acres within the D Development Zoning District and under unified ownership or control at the time of initial final land development approval (hereinafter "Initial Land Area"). Upon approval and recording of the initial land development, the land contained therein cannot be used as part of another Initial Land Area for the purpose of meeting this condition. The Initial Land Area cannot be separated by a public road existing at the time of approval and recording of the first land development.
The Anchor Building may be up to 150,000 square feet in size. The Anchor Building may be used for a single furniture store or home improvement store of up to 150,000 square feet in size, or for anyone or combination of the uses described in Section 1326.02(e)(2); provided, however, that:
Subject to compliance with Section 1326.04(c), below, a furniture store, home improvement store, and all of the uses described in Section 1326.02(c)(2) are permitted within the Anchor Building without the need for a separate office development, however, other than a furniture store or home improvement store, none of the other uses may have a sales floor area (exclusive of office space, storage areas, interior corridors and other areas not open to the public) greater than 45,000 square feet of space within the Anchor Building; and
The Anchor Building may contain two or more of the uses described in Section 1326.02(c)(2), subject to the conditions of (1), above.
Any use or re-use of the Anchor Building requires conditional use approval, subject to all express criteria contained herein and subject to other reasonable conditions established by Council.
The 80/20 gross floor area ratio of office to commercial/entertainment uses contained in Article 1326 may be increased by 3% for every one acre of conservation easement, created by the applicant, as described by the Conservation and Preservations Easement Act ("Act") (Act 29 of 2001, Pub L No. 330), and granted to an entity permitted by the Act, not to exceed a ratio of 50% commercial/entertainment (including the Anchor Building) to 50% residential, indoor recreation, institutional and special residential and office. Parking structures are excluded from the ratio calculation. Any conservation easement must be a minimum of seven acres.
If an anchor building is part of the 50% retail within the Initial Land Area, an additional acre of conservation easement beyond the seven acre minimum easement must be granted for each acre of impervious surface over seven acres that is related to the anchor building up to 12 acres. For every acre or part of an acre of impervious surface greater than 12 acres, an additional two acres of conservation easement must be dedicated. The conservation easement area must be either:
Adjacent to Town property and capable of being incorporated into such Town holdings, or
Within the D Development Zoning District provided that it is not resource protection land utilized for a D Development land development or open space land required within a Traditional Neighborhood project.
The architectural guidelines in Section 1314.07 or the design standards in Article 1346 must be met.
An Anchor Building parcel must be established which will permit the building, parking and landscaping to be contained on a single parcel. An Anchor Building parcel is not required to meet the D Development calculations for site capacity. All other requirements of D Development must be met.
None of the Initial Land Area may be located in a Traditional Neighborhood Development Overlay District (TND) and none of the Initial Land Area can subsequently be part of a TND.
The Anchor Building parcel shall not directly abut a residential district but may abut a residential district across a public street which exists at the time of conditional use approval, provided the required buffer zone is doubled both in width and density of planting. The required bufferyard abutting an institutional district shall be doubled in width and density of planting.
An Anchor Building which occupies more than 45,000 square feet, which was originally approved for use as a home improvement store or furniture store pursuant to the Code, may not be converted to another authorized use as described in Article 1326 unless:
The sales floor area of the converted area (exclusive of office space, storage areas, interior corridors, and other areas not open to the public) is less than 45,000 square feet; and
Not more than 5,000 square feet may be used for the sale of apparel or apparel accessories, and not more than 5,000 square feet may be used as a pharmacy. Any such conversion shall be subject to conditional use approval as provided under this section.
At the time of the first land development approval and any subsequent modification, division, re-division, consolidation within the Initial Land Area or land development on a parcel created with the Initial Land Area, a site capacity analysis must be submitted for the entire site, demonstrating compliance with subsection (c) hereof. The initial land development, as recorded, shall contain a notice thereon of this condition. No future land development shall be approved unless compliance with subsection (c) hereof is met.
The Town Council reserves the right to set any additional conditions it deems necessary to protect adjacent properties and uses, to minimize vehicular traffic impacts, to minimize visual and light pollution and to assure that the Anchor Building is contextural with the surrounding development.