[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]
(a)
Residential uses.
(1)
Conventional residential. Conventional residential uses are
single-family dwelling units.
(2)
Performance residential. Performance residential uses shall
consist of the following:
Single-family houses
Zero-lot houses
Village houses
Twin houses
Patio houses
Atrium houses
Townhouses
Weak-link townhouses
Multiplex units
Apartment buildings
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.
(3)
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.
(4)
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.
(b)
Indoor recreational, institutional and special residential uses.
(1)
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]
(2)
No outside storage and no outbuildings shall be permitted.
(c)
Commercial uses.
(1)
Office. Permitted office uses are governmental offices, business
or professional offices, medical offices or outpatient clinics.
(2)
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
Photographic/photostat/blueprint
Toys
Apparel and accessories
Full service restaurant and supplemental liquor and lounge optional
Photographic studio and supplies
Beauty shop and barber shop
Shoe repair
Drug store and related health supplies
Art gallery and bookstore
Gourmet food stores
Health food stores
Specialty foods
Office supplies and equipment
Travel agency
Meat market
Liquor/wine store
Card shop and accessories
Private indoor clubs
Hardware stores
Dry cleaning
Light mechanical/electronic repair stores
Commercial or trade schools
Home improvement store
Movie theaters/cinemas
[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:
(a)
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.
(b)
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:
(1)
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
(2)
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.
(3)
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.
(c)
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.
(d)
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:
(1)
Adjacent to Town property and capable of being incorporated
into such Town holdings, or
(2)
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.
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The area for the increase of the gross floor area ratio and
the impervious surface ratio may be the same areas.
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(e)
The architectural guidelines in Section 1314.07 or the design standards
in Article 1346 must be met.
(f)
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.
(g)
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.
(h)
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.
(i)
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:
(1)
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
(2)
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.
(j)
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.
(k)
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.
