[Added 7-18-2007 by Ord. No. 2007-06]
The TND – Traditional Neighborhood
Development ("TND") District is adopted pursuant to the authority
of Article 7-A of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10706-A et seq., and is intended to provide a zoning
context for redevelopment at the southern edge of the Borough into
a mixed-use moderate-density transit-oriented development with emphasis
on the following:
A.
Provision of a transit-oriented development located
adjacent to the R-5 commuter rail line with design features that promote
the use of public transportation, walking, and other alternatives
to the automobile;
B.
Provision of a combination of uses, including residential,
commercial, retail, and civic with varied densities and intensities
of uses that provide opportunities for revitalization of downtown
living, job creation, and economic development;
C.
Provision of adequate recreation and open space with
preservation, enhancement, and protection and incorporation of existing
environmentally sensitive natural features, including the floodplain
and Brandywine Creek;
D.
Provision of development in a traditional grid pattern
of streets that is consistent with the historical development of the
Borough creating an interconnecting road system that mimics and seamlessly
blends into the existing Downingtown street network;
E.
Provision of a north-south transportation corridor
as an alternative to the existing roadway system;
F.
Opportunity for preservation, protection, restoration
and reuse of abandoned industrial buildings, site ruins, site artifacts,
creek views and wooded and pasture land that reflect the character
of the Borough's historic industries;
G.
Promote the use of public transportation, walking,
and other alternatives to the automobile by providing basic daily
needs within walking distance;
H.
Link development to the adjacent Keystone Opportunity
Zone to promote a balance of residential, employment, and recreational
opportunities;
I.
Link TND development and Downingtown to the larger
Philadelphia regional area by facilitating access to the AMTRAK/SEPTA
train station;
J.
Provide defined neighborhood blocks, village greens,
parks, etc., at a streetscape scale promoting neighborhood interaction;
and
K.
Provide a link between the TND development and central
Downingtown and surrounding neighborhoods by bicycle and pedestrian
paths.
A.
Overlay. The TND of Downingtown Borough shall be deemed
an overlay district on the otherwise applicable zoning districts as
delineated on the Downingtown Borough Zoning Map.[1] Said overlay shall be affixed to the land as the base
zoning for the TND tract, as defined herein, and the Official Zoning
Map of the Borough of Downingtown shall be amended accordingly upon
approval by the governing body of an application for a Zoning Map
change (map change application) and conditional use approval for a
tract proposed to be developed as a TND.
[1]
Editor's Note: The Zoning Map is on file in
the Borough offices.
B.
In order to be eligible for approval of a map change
application pursuant to this section, the following eligibility criteria
shall be met:
(1)
Areas proposed for TND (the TND tract) shall
contain a total area of at least 35 contiguous acres and have frontage
along the R-5 Commuter Railway.
(2)
The TND tract must be in single ownership, or
subject to an agreement among all owners to develop pursuant to a
coordinated TND plan.
(3)
The TND plan shall be designed in compliance
with the Manual of Written and Graphic TND Design Guidelines (the
Manual), which has been adopted by the Borough by ordinance to assist
applicants in the preparation of proposals for TND, is incorporated
herein by reference thereto,[2] and shall serve as the design standards for the TND District. Where the provisions of the Manual of Written and Graphic TND Design Guidelines conflict with the provisions of any ordinance adopted by the Borough pursuant to Articles V and VI of the Pennsylvania Municipalities Planning Code,[3] the provisions of the Manual shall control. Except in
the event of such a conflict, the provisions of the ordinances shall
apply.
A.
Retail mixed-use neighborhood: to create a neighborhood
that provides a mixture of retail, commercial, residential, and civic
uses. The commercial uses are restricted to those of appropriate size,
scale, and intensity for the village setting. The application of the
Manual will encourage commercial enterprise to which nearby residents
might be inclined to walk or bicycle. This district should also provide
for a range of civic and institutional uses, which often function
as the center of activity to bring residents and immediately surrounding
area residents to the TND core on a daily basis. The retail mixed-use
neighborhood should be designed to encourage access to the train station
to reduce automobile trips.
B.
Live/work neighborhood: to provide for a transitional
use of large lot residential-type first floor office/retail, second
and third floor residential buildings comparable in architectural
style to the existing large, older, single-family homes lining the
eastern side of Brandywine Avenue. The intent of the neighborhood
is to strengthen the streetscape and facade along Brandywine Avenue
and Boot Road as well as visually blending the entrance from Brandywine
Avenue into a townhouse neighborhood to the east.
C.
Mid-density residential neighborhood: to provide a
compact array of condominiums to the north of the retail mixed-use
neighborhood and near the train station. The condominium layout should
continue the streetscape scale, rhythm, and architecture consistent
with the other neighborhoods. This neighborhood will provide housing
in a nonintrusive manner, encouraging a far wider range of ages and
lifestyles than the typical suburban neighborhood. The design of the
mid-density residential neighborhood should encourage residents to
walk, ride bicycles, and use the greenways and parks for access to
work, the train station, and the retail mixed-use neighborhood. The
proximity to the retail mixed-use neighborhood will provide residents
a resource to meet their daily needs and provide social interaction.
D.
Townhouse neighborhoods. The purpose of the townhouse
neighborhoods is to provide for a compact settlement of townhouses
in a residential neighborhood environment, accessible by alleys where
possible, and complemented by a limited number of compatible civic
and residential uses; in addition, to provide access within walking
distance to neighborhood parks, greenways, and the retail mixed-use
neighborhood. The neighborhood layout should provide rear-loaded alley-fed
units with integrated garages to assure a well-defined and inviting
streetscape that would encourage residents to walk, ride bicycles,
and use the greenways to access work and the train station, thus enhancing
social interaction and lessening the reliance on the automobile.
A.
Retail mixed-use neighborhood (town center).
(1)
The following principal uses shall be permitted
within an area designated on the TND plan as a retail mixed-use neighborhood
or town center:
(a)
Transportation center;
(b)
Public parking garage;
(c)
Retail sales, except vehicular sales and/or
service;
(d)
Restaurant, restaurant-fast food, tearoom, cafe,
bar, retail bakery, confectionary or other places preparing, selling,
and/or serving food or beverages;
(e)
Personal service establishment, such as barbershop,
beauty salon, shoe repair, tailor, cleaning and pressing;
(f)
General business, professional, governmental,
and administrative offices;
(g)
Bank or similar financial institution;
(h)
Museum, library, gallery, theatre or other entertainment,
educational or cultural use;
(i)
Day-care facility;
(j)
Medical or health care facilities;
(k)
Outdoor amphitheater or similar public use;
(l)
Hotel, conference center or civic center;
(m)
Residential apartments, provided they are not located on the
first floor and the minimum size of an apartment shall be 750 square
feet and the average size of all apartments in any one building shall
not be less than 1,000 square feet; the residential apartment need
not be occupied by the owner of the business conducted on the first
floor. No more than 30% of the total apartment units shall be of the
minimum size herein; and
[Amended 7-7-2013 by Ord. No. 2013-06]
(n)
Accessory uses.
(2)
Uses by special exception. A use of the same
general character as the foregoing uses shall be permitted when approved
as a special exception.
B.
Live-work neighborhood. The following principal uses
shall be permitted within an area designated on the TND plan as a
live-work neighborhood:
(1)
Live/work triplex buildings, which may be used
as follows:
(a)
First floor:
[1]
Retail sales, except vehicular
sales and/or service;
[2]
Restaurant, not including restaurant-fast
food, tearoom, cafe, bar, retail bakery, confectionary or other places
preparing, selling and/or serving food or beverages;
[3]
Personal service establishment,
such as barbershop, beauty salon, shoe repair, tailor, cleaning and
pressing; and
[4]
General business, professional,
governmental and administrative offices.
(b)
The second and third floors may be used for
a residential dwelling unit that need not be occupied by the owner
of the business conducted on the first floor.
C.
Mid-density residential neighborhood. The following
principal uses shall be permitted within an area designated on the
TND plan as a mid-density residential neighborhood:
A.
Retail mixed-use neighborhood (town center): five
stories (not to exceed 60 feet), provided, however, that building
height may be increased for an adaptive reuse of an existing structure.
B.
Mid-density multifamily units: five stories (not to
exceed 60 feet).
C.
Townhouse neighborhood: three stories (not to exceed
35 feet).
D.
Live/work triplex building: three stories (not to
exceed 35 feet).
A.
A development proposed pursuant to the TND Overlay
shall provide a minimum of 30% of the total TND tract area as TND
open space, which may be comprised of the following:
B.
The provision of TND open space in accordance with § 287-65.13A (Subsection A above) shall be demonstrated on the TND plan.
Provided that the overall residential density
within the TND shall not exceed 10 dwelling units per acre, the following
area and bulk regulations shall be as follows. Where a TND plan includes
land located in an adjacent municipality, the Borough Council may
consider that land area in calculating the overall density for the
TND – Traditional Neighborhood Development.
A.
Retail mixed-use neighborhood (town center):
(1)
Minimum lot area: 25,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front yard: two feet.
(4)
Minimum rear yard: 15 feet.
(5)
Minimum side yard: None required.
(6)
Maximum building coverage: 45%.
(7)
Maximum impervious coverage: 85%.
(8)
Build-to line (except where exempt): 20 feet.
B.
Mid-density multifamily units:
(1)
Minimum use area: five acres.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front yard: two feet.
(4)
Minimum rear yard: 10 feet.
(5)
Minimum side yard: 10 feet.
(6)
Minimum distance between residential buildings:
20 feet.
(7)
Maximum building coverage: 65%.
(8)
Maximum impervious coverage: 80%.
(9)
Maximum density: 24 dwelling units per acre.
(10)
Build-to line (except where exempt): 13 feet.
C.
Townhouse neighborhoods:
(1)
Minimum use area: three acres.
(2)
Minimum lot area: 1,340 square feet.
(3)
Minimum lot width: 20 feet.
(4)
Minimum front yard: four feet.
(5)
Minimum rear yard: 18 feet.
(6)
Minimum side yard: five feet (end units only).
(7)
Minimum distance between unattached buildings:
20 feet.
(8)
Maximum building coverage: 65%.
(9)
Maximum impervious coverage: 85%.
(10)
Maximum density: 10 dwelling units per acre.
(11)
Build-to line (except where exempt): 10 feet.
D.
Live/work triplex units:
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 100 feet.
(3)
Minimum front yard: five feet.
(4)
Minimum rear yard: 10 feet.
(5)
Minimum side yard: 15 feet.
(6)
Minimum distance between residential buildings:
30 feet.
(7)
Maximum building coverage: 60%.
(8)
Maximum impervious coverage: 60%.
(9)
Maximum density: 10 dwelling units per acre.
(10)
Build-to line (except where exempt): 13 feet.
A map change application and an application for approval of a corresponding TND plan shall meet all procedural requirements for a Zoning Map amendment as required by the Pennsylvania Municipalities Planning Code and Article XXIII of this chapter and shall include the submission of a TND plan and accompanying support data for the TND tract (the TND plan application), as follows:
A.
TND plan.
(1)
The base site plan for the TND 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 TND 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 TND tract.
(b)
The boundaries of each of the subdistricts within
the entire TND 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 TND tract, including points of access to the
TND tract, and the location, dimensions, rights-of-way and ownership
of the major road network that will link use areas.
(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.
(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 TND tract and for the governing body
and the Planning Commission to evaluate the effect of the TND plan
on the health, safety, and general welfare of the Borough. Except
as otherwise set forth herein, a fixed and dimensional layout showing
exact building locations, shapes, dimensions, and landscape plans,
such as is required for land development approval, shall not be required
for TND plan approval.
B.
Existing features analysis.
(1)
In order to determine which specific areas of
the TND 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
TND 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%.
(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.
Environmental impact analysis. An environmental impact
analysis shall accompany the TND plan and be made part of the TND
plan application. The environmental impact analysis shall include
text, tables, maps, and analyses for the purpose of describing the
project site, natural features, environmentally sensitive areas, proposed
uses, impact of the proposed TND and any mitigation measures.
D.
Transportation impact analysis. A transportation impact
analysis of the TND tract and roadways within five miles of the boundary
of the TND tract shall accompany the TND plan and be made part of
the TND plan application. Such analysis shall include reasonably detailed
plans and a projected phasing schedule of off-site improvements.
E.
Community and fiscal impact analysis. A community
and fiscal impact analysis shall accompany the TND plan and be made
part of the TND plan application.
F.
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 Subdivision and Land Development Ordinance) or evidence of public funding in an amount sufficient to cover the cost of all off-site improvements shown on the TND plan shall accompany the TND plan and be made part of the TND plan application.
G.
Additional information. The following additional information
shall accompany the TND plan and be made part of the TND plan application:
(1)
A narrative describing how the proposed TND plan application complies with each of the statements of intent under § 287-65.8.
(2)
A narrative generally describing proposed covenants,
restrictions and development standards for the TND tract.
(3)
A narrative description of existing zoning and
land uses on and adjacent to the TND tract.
(4)
An inventory of historical resources and existing
open space, if any, and recreation areas on the TND tract.
The following procedures shall apply to the
designation of a TND 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 on 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 TND tract as required by the Municipalities Planning Code[1] 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 of the map change
application.
[1]
Editor's Note: See 53 P.S. 10101 et seq.
B.
Conditional use review of TND plan application. The TND 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 TND plan application, refer the TND plan application to the County and Borough Planning Commissions as required by Article XXIII. Not later than 60 days after submission of the TND plan application, plans and supporting information, the governing body shall hold a public hearing to consider the TND plan application, pursuant to public notice and posting of the TND tract as required by the Municipalities Planning Code 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 notices required by this section for the map change application
and for the TND plan application.
D.
Criteria for TND plan application review.
(1)
The governing body shall approve, approve with
conditions or deny a TND plan application with findings and conclusions
thereon. Decisions pertaining to a particular phase shall include
review and recognition of the entire TND plan. Decisions in all phases
shall be based on the following criteria:
(a)
The extent to which the TND plan is consistent
with the Borough and County Comprehensive Plans;
(b)
The extent to which the TND 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 TND plan provides safe
and adequate transportation systems, including vehicular and pedestrian
access to and from the TND 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 TND plan is consistent
with the public health, safety and welfare.
(f)
The extent to which public facilities and services
will be impacted by the development in the TND plan.
(g)
The extent to which residents of the development
in the TND plan have sufficient usable recreation, outdoor living
area and open space that is convenient and safely accessible.
(h)
The extent to which the TND 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.
E.
Authority to attach reasonable conditions to approval.
In approving the TND 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 TND plan application shall not effect a subdivision
or land development of any part of the TND tract. The developer, or
any successor to the developer, for all or any portion of the development
of the TND plan, shall comply with the Subdivision and Land Development
Ordinance[3] to the extent that chapter is not inconsistent with the
approved TND plan and the Manual. The application may include a subdivision
and/or land development plan for the first phase of development of
the TND plan. Conditional use approval of the TND 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
TND plan application.
G.
Vested right to proceed. The applicant, or any successor
to the applicant, for all or any portion of the development of the
TND plan, shall have a vested right to proceed according to the TND
plan application, and no subsequent change or amendment to the Zoning
Ordinance, Subdivision and Land Development Ordinance,[4] 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 TND 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 TND plan
application.
