[Ord. 162, 6/12/2002, § 2701; as added by Ord. 214, 7/13/2011, § 6]
The definitions of "green," "pocket park," "plaza," and "square" as set forth in §
27-2601 shall apply in the context of commercial-oriented mixed use development.
[Ord. 162, 6/12/2002, § 2702; as added by Ord. 214, 7/13/2011, § 6; as amended
by Ord. 237, 4/3/2019, §§ 2, 3]
1. To provide for a compatible mix of dwelling types and nonresidential
land uses.
2. To encourage compact and walkable development that is more traditional
in character, including interconnected streets and alleys, cul-de-sac
streets, public spaces and greens, pedestrian-oriented streetscapes,
and connections between new and existing neighborhoods.
3. To promote the best use of the land in areas of the Township designated
for high-density development, compatible with commercial development.
4. To provide for flexible lot sizes, lot widths and building setbacks
to meet a variety of housing needs and uses.
5. To protect natural resources and improve public access to preserved
open space areas.
6. To promote development that is consistent with the goals and objectives
of East Vincent Township and Chester County Comprehensive Plans.
[Ord. 162, 6/12/2002, § 2703; as added by Ord. 214, 7/13/2011, § 6; and amended
by Ord. 219, 7/24/2012, § 8; and by Ord. 237, 4/3/2019, §§ 4, 5]
1. Eligibility. In order to be eligible for CMU development, the following
criteria shall be met:
A. CMU development shall be permitted only in the CMU-Commercial-Oriented
Mixed Use Development District by conditional use.
B. The gross tract area of any site proposed for CMU development shall
be a minimum of 150 contiguous acres.
C. The CMU community must be served by public sewer and water.
D. Where a tract proposed for CMU development consists of more than
one parcel and more than one owner, the application shall be signed
by all owners who shall join in the overall plan for CMU development.
E. The CMU community must have frontage upon an arterial road as classified
in the East Vincent Township Comprehensive Plan.
F. Once the gross tract area is designated in the conditional use approval
for CMU development, the acreage included in the master development
plan shall not be thereafter expanded at any time by adding additional
land areas to the CMU development.
2. Master Development Conditional Use Plan.
A. Upon conditional use approval by the Township Board of Supervisors
of a master development conditional use plan ("conditional use plan"),
the uses and design criteria proposed in the conditional use plan
shall be the uses and design criteria permitted and required for the
development of the subject tract. Any material change in uses or design
criteria shall require a modification of the conditional use approval.
B. Preliminary and final subdivision and land development plans submitted
for the proposed development shall be substantially in accordance
with conditional use plan design specifications submitted and approved
as part of the project.
C. Any tract submitted for development as a CMU development may be subdivided
for separate ownership or lease, but only if the subdivision does
not interfere with the development of the tract in accordance with
the approved conditional use plan.
[Ord. 162, 6/12/2002, § 2704; as added by Ord. 214, 7/13/2011, § 6; and as amended
by Ord. 237, 4/3/2019, §§ 6, 7, 8, 9]
1. In a CMU development, following conditional use approval, a building
may be erected, altered, or used, and a lot or premises may be used
for any one or more of the following purposes and no other:
A. Residential Uses.
(1)
Single-family detached dwellings.
(2)
Two-family (twin) dwellings.
(3)
Townhouse or single-family attached dwellings (maximum six units
per building).
(4)
Multi-family dwelling units.
(5)
Age-restricted community of any one or more of the above dwelling
types, and which may be, but is not required to be, a continuing care
retirement community (CCRC). Where assisted living or nursing facilities
are provided, five beds shall be equivalent to one dwelling unit for
purposes of density calculation.
B. Commercial and Mixed Uses.
(1)
Retail stores designed to provide goods, such as grocery and
food products, flowers, clothing, music, hardware, newspaper and magazines,
drugs and variety items, and provided that no merchandise or other
material shall be displayed within any required setback or yard area.
(This shall not preclude "sidewalk sales" and similar events.) Not
more than one major anchor store and not more than one department
store shall be permitted. The major anchor store and the department
store shall not be in the same building.
(2)
Personal service establishments, including shoe shine and repair,
tailor, dressmaker, barber and beauty shop.
(3)
Professional or business offices, including banks and financial
establishments, real estate and insurance offices, and doctor's
and dentist's offices.
(4)
Eating and drinking establishments, including drive-thru restaurants,
but drive-thru restaurants shall be limited to either (a) free-standing
"pad" sites or (b) ends of in-line stores.
(5)
Professional studios for artists, photographers, music, or dance.
(6)
Child and/or adult day care.
(7)
Indoor recreation and/or active recreation.
2. Notwithstanding anything contained herein to the contrary, no "adult oriented uses" as defined in §
27-202 of this chapter shall be permitted.
[Ord. 162, 6/12/2002, § 2705; as added by Ord. 214, 7/13/2011, § 6; and as amended
by Ord. 237, 4/3/2019, §§ 10 — 19]
1. Minimum Open Space. In a CMU community, not less than 15% of the
gross tract area shall be designated as open space. Open space in
the CMU community shall meet the following criteria:
A. Designated open space shall maximize the conservation of significant natural, historic and scenic resources on the site, as provided in §
22-429 of the East Vincent Subdivision and Land Development Ordinance [Chapter
22].
B. At least 45% of the minimum required open space of each CMU development shall be provided as improved greens, pocket parks, playfields, or plazas. This area shall constitute satisfaction with the amount of land required for recreation purposes in §
22-428 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter
22].
C. At least one pocket park and one playfield for active recreation
shall be provided.
D. Minimum required open space shall not include the private yard space
of single-family detached dwellings and any area within 12 feet of
multi-family residential buildings, including twins, townhouse and
multiplex units.
E. Open space in a CMU community shall provide links with adjacent open
space, recreation areas and trail corridors wherever possible in conformance
with the Township plan. Trails shall generally conform to the "Map
3 Recommended Trail Network" as referenced in the May, 1997 "Open
Space and Recreation Plan Update."
F. Although Part
9 open space design option is not otherwise applicable to CMU developments, §§ 27-906.1A(2), 27-906.1B, C, D, E and F, 27-906.2 and § 27-906.3 shall be applicable to CMU developments, and a plan for the design and ownership of open space areas in accordance with those sections shall be submitted to the Township as part of the conditional use application.
G. At the developer's option, an additional 10% of the gross tract
area may be set aside as additional open space for such active and/or
passive uses as may be approved by the Board of Supervisors. Where
such additional parkland is provided, the developer shall be entitled
to the building cover and impervious cover bonuses as set forth in
Subsections 4E and 4F below.
2. Land Use Mix. A CMU community shall provide a mix of dwelling types
and residential and nonresidential land uses as follows:
A. Each CMU development shall include at least three permitted residential
uses as set forth in §§ 27-2704(A) (1) through (5).
Each of the three required residential uses shall be a minimum of
10% and a maximum of 50% of the total number of proposed units, with
the exception of single-family detached dwellings (exclusive of age-restricted
dwellings), which shall not exceed 30% of the total number of dwelling
units. Additional dwelling types may be proposed at any percent.
B. A minimum of 25% and a maximum of 65% of the gross tract area of
any CMU development shall be dedicated to commercial and mixed uses
as defined in § 27-2704.2 above. A minimum of 32% of the
gross tract area dedicated to commercial and mixed uses as defined
in § 27-2704.2 above, but in no event less than 10% of the
gross tract area, shall be dedicated to indoor recreation and/or active
recreation, and such area shall be suitable for development for indoor
and/or active recreation purposes, and shall be offered for dedication
to the Township. Such area dedicated to indoor recreation and/or active
recreation shall not be counted toward the required open space in
a CMU community.
3. Site Design Improvements. Required site improvements shall be generally
consistent with the Township's Open Space and Recreation Plan
Update, with respect to sidewalks, trails, bicycle circulation, street
trees and intersection pedestrian crossings, site improvements shall
include the following:
A. Sidewalks shall be provided along interior and exterior public and
private streets to provide safe and convenient pedestrian access to
all uses in the CMU community. Sidewalks are not required along alleys.
B. Sidewalks shall be a minimum of four feet wide and separated from
the paved cartway by a minimum four-foot wide green strip. Sidewalks
in non-residential areas may be widened (and may subtend the green
strip, with street trees planted in tree wells), particularly to accommodate
outdoor cafe dining areas.
C. In general, all lands not utilized to provide for permitted impervious cover shall be left in their natural state or landscaped with appropriate vegetation or other suitable landscape material. Streetscape, landscaping and pedestrian amenities shall be provided as reasonably related to the intensity of proposed development. The CMU development shall be landscaped as required in §
22-435 of the East Vincent Subdivision and Land Development Ordinance [Chapter
22].
D. Where appropriate, the site design will include the following amenities:
(1)
Public trash receptacles.
(2)
Public seating areas along sidewalks and at appropriate intervals
and locations within pocket park areas.
(3)
Bike racks located in areas where the sidewalk can accommodate
such features.
(4)
Planting "inserts" in tree wells within sidewalk areas.
(5)
Traditional-appearing light standards, not to exceed 25 feet
in height measured from the top of the fixture to grade. Street lights
shall be architecturally compatible with the style, materials, colors
and details of the buildings. Street lighting along PennDOT roads
shall comply with PennDOT or PECO requirements, as required.
E. Architectural Design. Concurrently with the review of the applicant's
conditional use plan, the applicant shall present conceptual architectural
design approaches for discussion. Unless specifically approved by
the Board of Supervisors, the architectural design shall be consistent
with traditional design and appearances.
F. Street furniture shall be provided which shall include such items
as benches, waste containers, planters, bicycle racks, water fountains
and bollards, although all of the foregoing are not required to be
in each CMU. Such items shall be provided at appropriate locations
throughout the proposed mixed use and commercial portions of the CMU.
The design of such items shall be compatible with the architecture
of the proposed buildings.
4. Area and Bulk Regulations.
A. Residential Density. In order to support development that is more traditional in nature and creates a more compact and pedestrian-friendly environment, the maximum permitted base density for any CMU development shall be 4.75 dwelling units per net acre, based upon the net acreage of the tract devoted to residential uses. Maximum density may be increased pursuant to the use of transferable development rights as set forth in Subsection
4K(1) hereof.
B. Residential Building Setbacks. There are no minimum requirements
for lot size in a CMU development; however, the following building
setbacks shall apply:
(1)
All buildings shall be set back a minimum of 40 feet from the
tract boundaries.
(2)
All buildings shall be set back a minimum of 25 feet from the
ultimate rights-of-way of existing major collector streets.
(3)
All buildings shall be set back a minimum of 25 feet from the
ultimate rights-of-way of existing local streets.
(4)
All buildings shall be set back a minimum of five feet from
the rights-of-way of proposed streets.
(5)
For front-loaded single-family attached dwelling units, the
garage entrance shall be set back at least 20 feet from the sidewalk.
(6)
For single-family detached dwellings, twin dwellings and townhouses,
the minimum distance between buildings shall be 15 feet.
(7)
The rear of all buildings shall be a minimum of 20 feet from
lot lines and the paved cartway of proposed streets and alleys. Where
lot lines not concurrent with the footprint of the dwelling are provided,
decks, patios and porches, whether roofed or unroofed, may project
into the rear yard not more than eight feet.
(8)
All buildings shall be setback a minimum of five feet from proposed
parking areas.
C. Distance Between Multi-family Buildings (excluding Townhouses). The
following minimum distances between multi-family buildings shall apply:
(1)
Twenty feet minimum side to side.
(2)
Thirty feet minimum rear or front to side.
(3)
Fifty feet minimum rear to rear or front to front.
D. Nonresidential and Mixed Use Building Setbacks.
(1)
All buildings not along an existing street shall be setback
a minimum of 40 feet from the tract boundaries.
(2)
All buildings shall be setback a minimum of 40 feet from the
ultimate rights-of-way of existing arterial or collector streets.
(3)
All buildings shall be setback a minimum of 25 feet from the
ultimate rights-of-way of existing local streets.
(4)
All buildings shall be set back a minimum of 12 feet from the
curb line of proposed streets or access drives. Such setback areas
shall be devoted to walkways, street trees, green areas, or a combination
thereof. Limited driveway and road access through such setbacks shall
be permitted.
E. Building Coverage. The maximum building coverage for the entire site
shall be 25% of the net tract area; provided, however, that the maximum
building coverage may be increased to 30% of the net tract area in
return for providing the 10% additional open space in accordance with
Subsection 1G above.
F. Impervious Coverage. Maximum impervious coverage for the entire site shall be 50% of the net tract area; provided, however, that the maximum impervious coverage may be increased to 60% of the net tract area in return for providing the 10% additional open space in accordance with Subsection 1G above. Maximum impervious coverage may be further increased pursuant to the use of transferable development rights as set forth in Subsection
4K(2)(a) hereof.
G. Maximum Square Footage of Stores and Buildings.
(1)
The maximum length of any residential building, including rows
of attached townhomes and multi-family dwelling units is 190 feet.
(2)
The maximum individual footprint of any building proposed for
indoor recreation use shall be 175,000 square feet. The maximum individual
footprint of any building proposed for any other nonresidential use
permitted in a CMU development shall be 135,000 square feet and, except
for a major anchor store and/or a department store, no single store
shall exceed 60,000 square feet in floor area.
H. Building Height. Buildings shall not exceed four stories or 50 feet in height. Maximum building height may be increased to five stories or 60 feet pursuant to the use of transferable development rights as set forth in Subsection
4K(2)(b) hereof.
I. Parking.
(1)
Required parking for residential units shall be two spaces per
dwelling unit, with the exception of one or two bedroom multiplex
units and age-restricted units, for which 1 1/2 parking spaces
per dwelling unit shall be required. All other parking may be provided
with a combination of on and off-street parking.
(2)
Parking for nonresidential uses shall be provided in compliance
with § 27-1709C.
(3)
Parking spaces in private garages, driveways, off-street parking
areas, and on-street spaces may count toward minimum parking requirements.
(4)
Shared parking may be provided that is in compliance with § 27-1709D,
"Parking Reductions."
J. Streets and Alleys. The design requirements for proposed streets and alleys shall be set forth in the design guidelines to be submitted as part of the conditional use plan, and all streets and alleys shall be owned and maintained by the community association(s) to be created for governance of the community, and unless specifically approved by the Board of Supervisors as part of the conditional use approval, will not be dedicated to the Township as public thoroughfares. Development design standards for streets and alleys shall be those contained in the Chapter
22, "Subdivision and Land Development," and/or special development standards for neighborhood mixed use, § 22-435.2, except for the following:
(1)
For private streets, minimum centerline radius may be 50 feet,
provided the posted speed limit is 25 miles per hour or less. Minimum
centerline radius requirements do not apply to alleys and private
driveways.
(2)
Private driveways may be located three feet from interior lot
lines for all units other than multi-family dwellings, and eight feet
from the edge of paving of intersecting streets and alleys interior
to the development. Private driveways shall be 95 feet from the edge
of paving of intersections with existing streets.
K. Use of Transferable Development Rights ("TDRs"). In compliance with the procedures set forth in Part
24 of this chapter, TDR's may be utilized by an applicant for (1) increasing the residential density, (2) increasing the building and/or impervious coverage ratios for commercial and/or mixed use development beyond that permitted in Subsections 4E and F, (3) increasing the height of buildings. The applicant and Board of Supervisors, during the review of the conditional use application, shall agree upon the specific terms of any use of TDR's for these purposes, based upon the following standards:
(1)
Residential Development.
(a)
For single-family detached dwellings, TDRs may be transferred
at the rate of one sent equals 1.5 received.
(b)
For townhouse (single-family attached) dwellings or multi-family
dwellings, TDRs may be transferred at the rate of one sent equals
two received, except that where the proposed additional townhouse
or multi-family dwelling units will be part of an age-restricted component,
the rate shall be one sent equals four received.
(c)
Residential TDRs as above-referenced shall be based upon a base-permitted
residential density of 4.75 dwelling units per acre devoted to residential
uses, up to a maximum density of seven dwelling units per acre.
(2)
Nonresidential Development.
(a)
TDRs may be transferred at the rate of one sent equals an increase in total impervious coverage by 5,000 square feet, up to a maximum impervious coverage of 70%. The maximum increase in impervious coverage shall be subject to a preliminary soils report submitted by the applicant at the time of such impervious coverage increase request which adequately demonstrates to the Township that the development, including any proposed impervious coverage increases, will comply with stormwater management plan requirement of the Township Subdivision and Land Development Ordinance (Chapter
22). The Township reserves the right to request on-site testing to be performed by the applicant at his or her expense prior to granting an impervious coverage increase request to verify the preliminary soils report conclusions. Any development site where impervious coverage limitations have been increased through use of received development rights shall be ineligible for waivers of the stormwater management plan requirements of the Township Subdivision and Land Development Ordinance (Chapter
22) based on the grant of such increased coverage.
(b)
TDRs may be transferred at the rate of one sent equals an increase
of an additional 5,000 square feet of floor area, which may be accommodated
by increasing the height of the building to a maximum of 60 feet.
L. Lighting for Recreational Uses. The requirements for use of outdoor
lighting for a CMU development set forth in this subsection shall
supersede the requirements set forth in § 27-1715.6. The
use of outdoor recreational facilities during hours of darkness shall
be permitted as part of a CMU development by conditional use.
(1)
Lighting shall be accomplished only through the use of "cutoff"
fixtures or as otherwise approved by the Board of Supervisors.
(2)
Except as otherwise approved by the Board of Supervisors, lighting
of recreational uses and facilities shall be extinguished by 10:00
p.m.
(3)
Maximum mounting height for outdoor recreational lighting shall
be 50 feet.
[Ord. 162, 6/12/2002, § 2706; as added by Ord. 214, 7/13/2011, § 6; and as amended
by Ord. 237, 4/3/2019, §§ 20 — 24]
1. An applicant for conditional use approval of a CMU development shall provide the information specified in §
27-1901 of this chapter and shall include the following information in the application:
A. Conditional Use Plan. The base site plan for the conditional use
plan shall be drawn at a scale of not less than one inch equals 100
feet and shall contain information sufficient to assess the design
and impact of future development of the tract including, but not limited
to, the following:
(1)
Planned Use Areas. The boundaries of each planned use area within
the entire tract including, but not limited to:
(a)
A conceptual depiction of the location and proposed use in each
subarea.
(b)
Schematic groupings of buildings and structures (including a
schedule of gross floor areas and heights).
(c)
Total building area being proposed, represented by the total
square footage of all non-residential development and the number of
dwelling units proposed for all residential development.
(d)
A conceptual depiction of the proposed streetscapes and landscaped
area.
(2)
Circulation. The general vehicular and non-vehicular circulation
pattern for the entire tract, including points of access to the tract,
and the location, dimensions, rights-of-way and ownership of the major
road network.
(3)
Water, Sewer and Stormwater Management. The source of and general methods by which water shall be supplied, sewage shall be treated and disposed and the feasibility of stormwater management in accordance with the requirements of the Subdivision and Land Development Ordinance [Chapter
22].
(4)
Restricted Open Space. The location and proposed use and disposition
to be made of all restricted open space, including area proposed for
pocket parks, plazas, playfields, and other public spaces.
(5)
Natural features and cultural resources shall be identified,
along with a plan for their preservation and protection.
(6)
Phasing Plan. A phasing plan that identifies all proposed construction
and associated public utilities and infrastructure needs for each
phase.
(7)
Design Guidelines. Descriptions and graphic illustrations of
the site design elements specified in § 27-2705.3 hereof,
including sidewalk and pathway components, illustrations of landscaping
and pedestrian amenities, design amenities (such as pocket park components,
bike racks, street tree elements, light standards, and the like),
architectural concepts, typical residential streetscape illustrations
(depicting, as applicable, whether driveway access will be off of
the street frontage or off of a rear alley or a combination of both).
(8)
Plan Detail. These submission requirements shall be indicated
in sufficient detail to serve as a firm commitment by the applicant
with regard to the future development of the tract and for the Township
Board of Supervisors and the Planning Commission to evaluate the effect
of the conditional use plan on the health, safety and general welfare
of the Township. Although a fixed and detailed dimensional layout
showing exact building locations, shapes, dimensions, landscape plans
and sub-district requirements-such as is required for land development
approval-shall not be required for conditional use plan approval,
information and specifications shall be provided that clearly set
forth design requirements for all subsequent preliminary and final
land development plans prepared for the proposed CMU development.
(9)
Anticipated Waivers. Unless otherwise stated in the conditional use plan submission or requested as waivers at the time of preliminary or final land development plan submission, compliance with all provisions of the East Vincent Township Subdivision and Land Development Ordinance [Chapter
22] shall be required. All anticipated requests for waivers of the Subdivision and Land Development Ordinance [Chapter
22] requirements shall, to the extent feasible at this stage of the development project, be included with the conditional use plan submission.
(10)
The approved conditional use plan shall be the basis for the
preliminary and final land development plan submissions and shall
be used to determine the design intent when there are discrepancies
or omissions in the land development plan submissions.
B. Criteria for Conditional Use Plan Application Review. The Board of
Supervisors shall apply the standards and criteria of this Part, and
the general criteria for conditional use applications as set forth
in § 27-1901.6 of this chapter, in evaluating an application
for conditional use approval of a CMU development.