[Added 1-8-2003 by Ord. No. 2002-9]
The Uptown Transportation Development District
(UTDD) is established for the following purposes:
A.
To provide an opportunity for comprehensively planned
integrated mixed use development according to an Uptown Transportation
Development Plan (UTD Plan) consistent with the goals and objectives
of the Borough and the county;
B.
To provide an opportunity for unified and harmonious
development in order to establish continuity between uses in terms
of character, scale, building massing, internal circulation patterns
and open space;
C.
To provide highest and best use of the land near planned
or existing transit facilities, i.e., transit-oriented development
which shall reduce the need for car trips, promote walking and pedestrian
access to transit from adjacent areas;
D.
To encourage uptown revitalization, downtown living,
job creation and economic development;
E.
To provide for flexible lot sizes, heights and building
setbacks allowing an opportunity for imaginative, innovative design,
mix of uses, maximum coordination and integration between the new
development and existing neighboring land uses;
F.
To provide flexibility in design and use of tracts
of land within the Borough consistent with the goals and objectives
of the Borough Comprehensive Plan; and
G.
To provide for development that will promote uses
consistent with the creation of jobs for Borough residents.
A.
The UTDD of Downingtown Borough shall be deemed an overlay district on the otherwise applicable zoning districts as delineated on the Borough Zoning Map. Said overlay shall become affixed to the land as the base zoning for the UTD tract, as defined in § 287-69.12B below (and the Official Zoning Map of the Borough shall be amended accordingly) upon the approval by the governing body of an application for a zoning map change (map change application); provided, however, that in the event that the construction of the transportation center as provided in the approved UTD plan and as required by § 287-69.13C has not been completed within five years of the approval of the map change, or if the applicant or its successor notifies the Borough in writing that it does not intend to so complete such construction, the zoning of the UTD tract shall revert to the zoning that existed immediately prior to the approval of the map change, and the map change shall be of no further force or effect. For so long as the overlay district is affixed to the UTD tract as provided herein, all general standards and regulations, standards and regulations relating to a particular use permitted by this Article XVB and standards and regulations applying to any underlying zoning district provided elsewhere in this chapter shall continue to apply to such use or underlying district, as the case may be, except as modified by this Article XVB. No map change application shall be considered complete until such time as the applicant has agreed to deposit with the Borough financial security [in accordance with the provisions of Chapter 256, Subdivision of Land (SLDC)] or has provided evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the UTD plan. No building permit for the second phase of development within the UTDD shall be issued prior to the issuance of a certificate of occupancy for the transportation center required by § 287-69.13C and as provided in the UTD plan and the offer for dedication or conveyance of the roads as provided in the UTD plan.
B.
In order to be eligible for approval of a map change
application pursuant to this section, all of the following eligibility
criteria shall be met:
(1)
The applicant or applicants shall own or control
a contiguous lot area of not less than 10 acres, which shall constitute
the UTD tract.
(2)
If the UTD tract is not held in single ownership,
all of the owners of the UTD tract must join in the map change application.
(3)
Not less than 75% of the UTD tract shall be
zoned, at the time of the map change application, nonresidential (C-1,
C-2, C-3, R3 and/or R-4).
(4)
Not less than 50% of the UTD tract shall be
within 200 feet of existing rail lines, as measured from the track
right-of-way.
A.
The UTD plan is a conceptual, feasibility analysis
of the manner in which the UTDD article will be implemented on the
UTD tract.
B.
Conformance to other regulations.
(1)
Development pursuant to the UTD plan shall be in accordance with the zoning regulations established in §§ 287-69.14, 287-69.15 and 287-69.16 and, where applicable, with the regulations in the underlying zoning districts, provided that the UTD plan conditional use approval shall be in lieu of any other requirement for a special exception or other form of use approval otherwise required in an underlying zoning district.
(2)
Once the UTD plan is approved, permits may be
issued only pursuant to approved land development or subdivision plans
consistent with the approved UTD plan.
(3)
The UTD tract may be subdivided for separate
ownership or lease (or as otherwise required by the MPC or the SLDC),
but only if the subdivision does not interfere with the development
or use of the UTD tract in accordance with the approved UTD plan.
C.
In order to be eligible for the conditional use approval of a UTD plan pursuant to this Article XVB, a portion of the UTD tract shall be devoted to the construction of a transportation center, the architectural design of which must be approved by the governing body as part of the conditional use procedure. The transportation center shall be developed concurrently with and phased with the first phase of development of the UTD tract. The transportation center shall be landscaped, and design standards and conceptual plans for the landscaping of the transportation center shall be submitted as part of the UTD plan.
D.
In keeping with the purposes of a UTDD, the UTD plan shall promote a mix of uses in close proximity to each other, walkability and good access to the transportation center. All off-street parking shall meet the requirements of § 287-107 unless otherwise provided in § 287-69.16.B, and shall be in addition to any parking requirements of the owner of the rail lines which are part of the UTD tract; provided, however, that it shall be the applicant's burden, as part of the UTD plan conditional use procedure, to present evidence satisfactory to the governing body of the actual parking needs to be generated by a particular use; the governing body shall have the authority to reduce any parking requirements based upon evidence submitted by the applicant and/or evidence submitted by other parties to the conditional use proceeding (including any evidence presented by the governing body's traffic consultant). The governing body shall also have the authority to designate a portion of the parking to be reserved parking. Required parking ratios may decrease as phases are built if demand for higher and better use and improved transit facilities justify that such ratios will be sufficient.
E.
In keeping with the purpose of this Article XVB, the UTD plan shall promote a network of circulation extending and completing the circulation patterns of surrounding areas to the extent practicable. Design standards and guidelines for streetscapes and other circulation spaces shall be submitted as part of the UTD plan.
There shall be permitted, upon conditional use
approval by the governing body of an application for a UTD plan, one
or more of the following uses:
A.
Residential uses, including but not limited to single-family
detached dwellings, two-family dwellings, and townhouses (single-family
attached);
B.
General business, professional, government and administrative
offices, which may include structured parking;
C.
Restaurant (excluding fast-food with drive-in service),
tea room, cafe, bar, retail bakery, confectionery or other places
preparing, selling and/or serving food or beverages;
D.
Transportation center, which shall include structured
parking and may include retail sales or other similar commercial uses
and restaurant uses;
E.
Accessory uses to any of the uses permitted above;
and
F.
Any use permitted by the existing underlying zoning
districts to which the UTD tract is subject, except any warehouse
use permitted therein.
A.
B.
The following regulations shall govern the uses specified
below within the UTDD, when approved as part of a UTD plan:
(1)
Residential uses, as permitted by § 287-69.14A above:
(a)
Minimum front yard setback: 15 feet.
(c)
Minimum rear yard setback: 30 feet.
(d)
Minimum setback to track right-of-way: 40 feet.
(e)
Minimum distance between buildings: 20 feet.
(f)
Maximum building coverage: 35%.
(g)
Maximum other impervious surface coverage: 40%.
(h)
Maximum height of building: 3 stories, not to
exceed 36 feet.
(i)
Maximum building length: 124 feet.
(j)
Minimum lot area: 3,400 square feet/lot average;
2,200 square feet/lot minimum.
(k)
Minimum lot width: 20 feet.
(2)
Office uses, as permitted by § 287-69.14B above:
(a)
Minimum front yard setback: 25 feet.
(b)
Minimum side yard setback: 15 feet.
(c)
Minimum rear yard setback: 30 feet.
(d)
Minimum setback to track right-of-way: 40 feet.
(e)
Minimum distance between buildings: 30 feet.
(f)
Maximum building coverage: 35%.
(g)
Maximum other impervious surface coverage: 40%.
(h)
Maximum height of building: three stories not
to exceed 40 feet, except where yard setbacks are increased 2.5 feet
for every additional foot of building height over 40 feet, then five
stories not to exceed 65 feet.
(i)
Minimum lot area: three acres.
(j)
Minimum lot width: 150 feet.
(3)
Restaurant uses, as permitted by § 287-69.14C above:
(a)
Minimum front yard setback: 10 feet.
(b)
Minimum side yard setback: 15 feet.
(c)
Minimum rear yard setback: zero feet.
(d)
Minimum setback to track right-of-way: zero
feet.
(e)
Minimum setback to residential zoning district
or use: 100 feet.
(f)
Minimum distance between buildings: 20 feet.
(g)
Maximum building coverage: 35%.
(h)
Maximum other impervious surface coverage: 55%.
(i)
Maximum height of building: three stories not
to exceed 40 feet.
(j)
Minimum leasable floor area: 4,000 square feet.
(k)
Maximum leasable floor area: 8,500 square feet.
(l)
Minimum lot area: 0.5 acres.
(m)
Minimum lot width: 240 feet.
(4)
Transportation center, as permitted by § 287-69.14D above:
(a)
Minimum front yard setback: 10 feet.
(b)
Minimum side yard setback: 10 feet.
(c)
Minimum rear yard setback: 10 feet.
(d)
Minimum setback to track right-of-way: zero
feet.
(e)
Minimum distance between buildings: 30 feet.
(f)
Maximum building coverage: 35%.
(g)
Maximum other impervious surface coverage: 40%.
(h)
Maximum height of building: three stories not
to exceed 40 feet.
(i)
Maximum building length: 200 feet.
(j)
Minimum lot area: 0.75 acres.
(k)
Minimum lot width: 120 feet.
(5)
Parking garages, as permitted by § 287-69.14D above:
(a)
Minimum front yard setback: zero feet.
[1]
Adjacent to residential zoning
district or use: 10 feet.
(b)
Minimum side yard setback: 15 feet.
(c)
Minimum rear yard setback: zero feet.
(d)
Minimum setback to track right-of-way: zero
feet.
(e)
Minimum setback to residential zoning district
or use: 30 feet.
(f)
Minimum distance between buildings: 30 feet.
(g)
Maximum building coverage: 85%.
(h)
Maximum other impervious surface coverage: 5%.
(i)
Maximum height of building: five stories not
to exceed 44 feet.
(j)
Minimum leasable floor area: 45 spaces.
(k)
Maximum leasable floor area: 175 spaces.
(l)
Minimum lot area: one acre.
(m)
Minimum lot width: 240 feet.
A.
The following standards of this chapter shall, as
applicable, govern all uses within the UTDD, when approved as part
of a UTD plan:
(1)
Natural features protection standards: in accordance with the standards set forth in Article IV, Natural Features Protection Standards.
(2)
General regulations: in accordance with Article XVI, General Regulations, and as follows:
(3)
Off-street parking and loading: in accordance with Article XVIII, Off-Street Parking and Loading, except as provided in § 287-69.16B below.
B.
The parking standards set for in § 287-107 shall be modified as set forth in this subsection within the UTDD for the uses specified below when approved as part of a UTD plan:
(1)
Residential uses, as permitted by § 287-69.14A above: two spaces per residential unit.
(2)
Office uses, as permitted by § 287-69.14B above: three spaces per 1,000 gross square feet.
(3)
Restaurant uses, as permitted by § 287-69.14C above: one space for every four seats or one space per 250 gross square feet.
(4)
Retail, commercial and restaurant uses, as permitted by § 287-69.14D above: five spaces per 1,000 gross square feet.
Applications for adoption of a map change application and approval of a corresponding UTD plan shall meet all procedural requirements for a Zoning Map amendment as required by the MPC and Article XXIII of this chapter and shall include the submission of a UTD plan and accompanying support data for the UTD tract (the UTD plan Application), as follows:
A.
Uptown Transportation Development Plan.
(1)
The base site plan for the UTD plan shall be
drawn at a scale of not less than one inch equals 50 feet and shall
contain information sufficient to assess the impact of future development
of the UTD tract, including, but not limited to, the following:
(a)
A plan showing the boundaries, total acreage
and existing structures, easements, rights-of-way, streets, railroads,
sewers and sewage systems and aqueducts of the UTD tract.
(b)
The boundaries of each of the subdistricts within
the entire UTD tract, including, but not limited to:
[1]
A conceptual depiction of the location
of and proposed use in each subdistrict;
[2]
Schematic groupings of buildings
and structures (including a schedule of gross floor areas and heights);
[3]
Total building area being proposed,
represented by the total square gross footage of office, commercial,
retail and total residential dwellings;
[4]
A conceptual depiction of the proposed
streetscapes and landscaped area.
(c)
The general vehicular and nonvehicular circulation
pattern for the entire UTD tract, including points of access to the
UTD tract, and the location, dimensions, rights-of-way and ownership
of the major road network that will link subdistricts.
(d)
The source of and general methods by which water
shall be supplied and sewage shall be treated and disposed, including,
where applicable, proof of capacity availability from utility providers.
(e)
The location and proposed use and disposition
(including the scheduling of such disposition) to be made of any open
space and other common areas and facilities.
(f)
The location of, architectural renderings and reasonably detailed plans (including the size and locations of proposed uses therein) of the transportation center required by § 287-69.13C.
(2)
These elements shall be indicated in sufficient
detail to serve as a firm commitment by the applicant with regard
to the future development of the UTD tract and for the governing body
and the Planning Commission to evaluate the effect of the UTD plan
on the health, safety and general welfare of the governing body. Except
as otherwise set forth herein, a fixed and dimensional layout showing
exact building locations, shapes, dimensions, landscape plans and
subdistrict requirements, such as is required for land development
approval, shall not be required for UTD plan approval.
B.
Existing features analysis.
(1)
In order to determine which specific areas of
the UTD tract are suitable for development and which areas should
be preserved in their existing state, an analysis of existing features
shall be required. The following considerations must be included in
the analysis and site planning responsive to these findings:
(a)
Topography. An analysis of the terrain of the
UTD tract before, including two-foot interval contour lines mapping
of elevation and delineation of natural slope areas one-fourth acre
or greater in extent according to the following categories: 0% to
15%, 15% to 25%, and over 25% slope.
(b)
Drainage. An analysis of existing drainage patterns
and water resources, including any streams, natural drainage swales,
ponds or lakes, woodlands and marsh areas, and floodplain areas, and
permanent and seasonal high water table areas which may affect development
shall be included. Schematic provisions of stormwater management facilities
and demonstrated compliance with the provisions of the existing stormwater
ordinances then in effect for the Borough accompanied by a written
analysis and conclusions as to anticipated methods (prepared by a
professional engineer) shall be included.
(c)
Geology. An analysis of the characteristics
of rock formations underlying the site which may affect development.
(d)
Soils. An analysis of soil types present on
the site, including if significant, delineation of any floodplain
soils, prime agricultural soils, aquifer recharge soils, unstable
soils, soils most susceptible to erosion and soils suitable for development.
The analysis of soils shall be based on the County Soil Survey of
the Soil Conservation Service.
(e)
Vegetation. A plan showing the location of areas
of significant natural growth, trees and other plant cover.
(f)
Flood areas. A delineation of floodplain areas
shall be required.
(2)
Where approved by the governing body, the applicant
may provide a fee in-lieu of the foregoing analysis requirements.
C.
Market analysis. A market analysis shall accompany
the UTD plan and be made part of the UTD plan application.
D.
Environmental impact analysis. An environmental impact
analysis shall accompany the UTD plan and be made part of the UTD
plan application.
E.
Transportation impact analysis. A transportation impact
analysis of the UTD tract and roadways within five miles of the boundary
of the UTD tract shall accompany the UTD plan and be made part of
the UTD plan application. Such analysis shall include reasonably detailed
plans and a projected phasing schedule of off-site improvements.
F.
Community and fiscal impact analysis. A community
and fiscal impact analysis shall accompany the UTD plan and be made
part of the UTD plan application.
G.
Escrow/public funding for off-site improvements. An agreement signed by the applicant to deposit with the Borough financial security (in accordance with the provisions of the subdivision regulations in Chapter 256 of the SLDC) or evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the UTD plan shall accompany the UTD plan and be made part of the UTD plan application.
H.
Additional information. The following additional information
shall accompany the UTD plan and be made part of the UTD plan application:
(1)
A narrative describing how the proposed UTD plan application complies with each of the statements of intent under § 287-69.11.
(2)
A narrative generally describing proposed covenants,
restrictions and development standards for the UTD tract.
(3)
A narrative description of existing zoning and
land uses on, and adjacent to, the UTD tract.
(4)
An inventory of historical resources and existing
open space, if any, and recreation areas on the UTD tract.
The following procedures shall apply to the
designation of a UTDD and the underlying subdistricts:
A.
Application for zoning map change. The map change application shall be submitted to the governing body, together with such fee and such forms as may be prescribed by the governing body, which shall, within 30 days of submission of a complete map change application, refer the application to the County and Borough Planning Commissions as required by Article XXIII. Not later than 60 days after submission of the map change application, plans and supporting information, the governing body shall hold a public hearing to consider the application, pursuant to public notice and posting of the UTD tract as required by the MPC for a Zoning Map change. The governing body, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant, grant or deny approval to the map change application.
B.
Conditional use review of UTD plan application. The UTD plan application shall be submitted to the governing body together with such fee and such forms as may be prescribed by the governing body, which shall, within 30 days of submission of a complete UTD plan application, refer the UTD plan application to the County and Borough Planning Commissions as required by Article XXIII. Not later than 60 days after submission of the UTD plan application, plans and supporting information, the governing body shall hold a public hearing to consider the UTD plan application, pursuant to public notice and posting of the UTD tract as required by the MPC for a Zoning Map change. The governing body, within 45 days following the conclusion of the public hearing, shall, by written notice to the applicant:
C.
Authority to combine hearings. The governing body
shall have the authority to combine into one hearing the hearings
and notice required by this section for the map change application
and for the UTD plan application.
D.
Criteria for UTD plan application review.
(1)
The governing body shall approve, approve with
conditions or deny a UTD plan application with findings and conclusions
thereon. Decisions pertaining to a particular phase shall include
review and recognition of the entire UTD plan. Decisions in all phases
shall be based on the following criteria:
(a)
The extent to which the UTD plan is consistent
with the Borough and County Comprehensive Plans;
(b)
The extent to which the UTD plan's general design
and character is reasonably compatible with surrounding properties,
including both the improved and natural environment, as well as the
following design elements:
(c)
Site design techniques that concentrate development,
minimize grading, soil erosion and water quality impacts or otherwise
preserve significant natural features shall be incorporated to the
extent reasonably practicable, unless it can be demonstrated that
other site design techniques will accomplish a similar level of preservation.
(d)
The extent to which the UTD plan provides safe
and adequate transportation systems, including vehicular and pedestrian
access to and from the UTD plan tract, including on-site circulation;
and pedestrian, bicycle and transit circulation, including related
facilities, among buildings and related uses on the development site,
as well as to adjacent and nearby residential areas, transit stops,
neighborhood activity centers, office parks and industrial parks.
(e)
The extent to which the UTD plan is consistent
with the public health, safety and welfare of the public.
(f)
The extent to which public facilities and services
will be impacted by the development in the UTD plan.
(g)
The extent to which residents of the development
in the UTD plan have sufficient usable recreation, outdoor living
area and open space that is convenient and safely accessible.
(h)
The extent to which the UTD plan creates significant
negative impacts from stormwater runoff on natural drainage courses
either on-site or downstream, including, but not limited to, erosion,
or transport of sediment due to increased peak flows or velocity.
(2)
The development process includes both a UTD
plan and land development plan. The approval of a UTD plan shall not
obviate the need for all land development plan approvals otherwise
required by the SLDC; the final land development plan shall be required
to ensure that approval conditions are met.
E.
Authority to attach reasonable conditions to approval.
In approving the UTD plan application, the governing body may attach
such reasonable conditions and safeguards to any approval, in addition
to those expressed in this article, as it may deem necessary to protect
the health, safety and welfare of the Borough residents.
F.
Submission of subdivision and land development plan.
Approval of the UTD plan application shall not effect a subdivision
or land development of any part of the UTD tract. The developer, or
any successor to the developer, for all or any portion of the development
of the UTD plan, shall comply with the SLDC to the extent that chapter
is not inconsistent with the approved UTD plan. The application may
include a subdivision and/or land development plan for the first phase
of development of the UTD plan. Conditional use approval of the UTD
plan application by the governing body will be in lieu of any other
zoning or use approval otherwise required with respect to uses approved
as a part of the UTD plan application.
G.
Building permits. The Zoning Officer shall not issue any building permits for the second phase of development within the UTDD prior to the issuance of a certificate of occupancy for the transportation center required by § 287-69.13C and as provided in the UTD plan; and the offer for dedication or conveyance of the roads as provided in the UTD plan.
H.
Vested right to proceed. The applicant, or any successor
to the applicant, for all or any portion of the development of the
UTD plan, shall have a vested right to proceed according to the UTD
plan application, and no subsequent change or amendment to the Zoning,
Subdivision and Land Development Ordinance, or other governing ordinance
or regulation, shall be applied to affect adversely the right of the
applicant, or any successor, to commence or complete any aspect of
the approved UTD plan application, or materially increase the amount
of site improvements or the projected cost of construction of buildings
and site improvements, for a period of 15 years from the date of conditional
use approval of the UTD plan application.
