City of Coatesville, PA Article XVIII Traditional Neighborhood Development Overlay District

[Added 4-11-2005 by Ord. No. 1247-2005]

§ 224-98 Traditional Neighborhood Development (TND) Overlay District.

A. Purpose. Provisions for the TND District have been enacted to:

(1) Implement the Tier I "Revitalization Plan 2002," dated August 23, 2002, and in particular the Traditional Neighborhood Development Revitalization Guidelines and Best Practices.

(2) Implement the Tier II "Urban Center Revitalization Plan," dated December 23, 2002, and in particular "Focus Area One," the Central Business District, as described in the General Action Plan of the Tier II report.

(3) Comply with Article VII-A, Traditional Neighborhood Development, of the Pennsylvania Municipalities Planning Code, Act 247, as amended; in particular, those purposes and objectives listed in Section 701-A of Article VII-A such as: encouraging innovation for mixed-use pedestrian-oriented development; extending opportunities for housing and employment; encouraging a more efficient use of land; allowing for integrated, mixed-use, pedestrian-oriented neighborhoods; establishing public space; minimizing traffic congestion; and fostering a sense of place and community.

(4) Foster redevelopment of the Central Business District (CBD).

(5) Promote the principles of traditional neighborhood development through the revitalization and redevelopment of the City as a compact, mixed-use, pedestrian-oriented place, as described in Exhibit B, General Design Principles for the TND Overlay District.[1]

[1] Editor's Note: Exhibit B is included at the end of this chapter.

B. Description of the Traditional Neighborhood Development (TND) Overlay District and conditions of eligibility.

(1) The TND District overlays the PS, POS, C-1, C-2, and I-1 Districts as shown in the Zoning Overlay Districts (Map), dated January 11, 2005, Exhibit A, and Exhibit A-1 dated November 22, 2004, attached hereto.[2]

[2] Editor's Note: Said maps are on file in the City offices.

(2) The underlying zoning district provisions shall apply if an applicant wishes to utilize same in the PS, POS, C-1, C-2, and I-1 Districts. However, given the incentives in the TND Overlay District, the applicant may elect to utilize the provisions in this article XVIII.

C. General design principles. The overarching principles for TND design and development shall be consistent with the "Revitalization Guidelines and Best Practices" in the Tier I "Revitalization Plan 2002" with particular emphasis on:

(1) Adaptive reuse of an existing building.

(2) Alley.

(3) Building design.

(4) Building height/width/proportion.

(5) Building location.

(6) Building placement (setback).

(7) Building separation distances.

(8) Building size.

(9) Building types.

(10) Buildings: vertical form.

(11) Build-to line.

(12) Curb cuts.

(13) Deck parking structure.

(14) First floor/ground floor use.

(15) Infill development.

(16) Landscaping.

(17) Mixed use.

(18) Parking: off-street.

(19) Parking: on-street.

(20) Parking lots — private.

(21) Parking lots — public.

(22) Public space.

(23) Sidewalks, walkways, and pedestrian links.

(24) Street and alley network.

(25) Street lights.

(26) Street trees/shade trees.

(27) Street wall.

(28) Streetscape.

(29) Traditional Neighborhood Development (TND).

NOTE:

The general design principles and the "Revitalization Guidelines and Best Practices" appear as Appendix B to this article XVIII.[3]

[3] Editor's Note: Appendix B is included at the end of this chapter.

D. Permitted uses and structures. The following uses and structures may be permitted, and shall not be subject to Article IX and Article XI:

(1) New uses permitted in the TND Overlay District may include any uses permitted in the C-1 and C-2 Districts in all portions of the TND Overlay District.

(2) Mixed uses shall also be permitted, especially in a vertical arrangement. (For example, live-work units are encouraged.)

(3) Restaurant-sidewalk cafe, in accordance with § 224-98F(8).

E. Lot area, width, coverage and yard requirements.

(1) Lot area:

(a) Three hundred square feet minimum of gross lot area per dwelling unit, and 1,500 square feet minimum of gross lot area for each nonresidential use, whenever the TND Overlay District overlays lots in the C-1 and C-2 Districts.

(b) One thousand five hundred square feet minimum per dwelling unit, and 3,000 square feet minimum for each nonresidential use, whenever the TND Overlay District overlays lots in other districts as shown in Exhibit A-1.

(c) For live/work units, the minimum lot areas shall be computed as a nonresidential use.

(2) Lot width: 20 feet minimum.

(3) Lot coverage: 98% maximum, subject to the provisions of § 224-98F(6)(b) for the other 2% of lot coverage.

(4) Yards: front, zero; side, zero; rear, zero feet minimum, provided the primary facades of buildings are located at the edge of the sidewalk adjoining the street as per § 224-98F(2).

(5) Building Height:

(a) Two stories or 20 feet minimum for all principal buildings in the TND Overlay District.

(b) The maximum height for principal buildings shall be 250 feet.

F. Development standards. In addition to the standards in § 224-98C (and Exhibit B) and the Design Handbook referenced in § 224-98G(2)(i), the following shall apply:

(1) Streets, alleys, and streetscape. Continue and extend the interconnected network of streets and alleys. Maintain and/or provide rear services streets and/or alleys in all new developments, and avoid mid-block curb cuts. Maintain and emulate traditional streetscape dimensions (see Exhibit B, Streetscape, and maintain and/or create street walls (see Exhibit B, Street Wall along sidewalks. An alley shall be a minimum paved width of 12 feet for one-way alleys, and 16 feet for two-way alleys (see Exhibit B, Alley).

(2) Buildings. Place at build-to line to form street wall.

(3) Parking. Build and maintain in rear of buildings or in deck parking structure in accordance with Article XIII, except that:

(a) For development that overlaps the C-1 and C-2 Districts:

[1] The parking requirements of Article XIII may be reduced by 50% for development that overlays the C-1 and C-2 Districts, provided that sufficient off-site deck parking is available within 400 feet of the property and such parking has not been assigned or committed to any other development; or

[2] The parking requirements of Article XIII may be reduced by 100%, provided that off-site deck parking is available within 400 feet of a property, and that all such parking is owned and maintained by the same property owner that is seeking the one-hundred-percent relief of the Article XIII requirements.

(4) Pedestrian access. Build and maintain sidewalks on both sides of all streets. Sidewalks shall be a minimum of four feet six inches in width. Sidewalks shall be six to 12 feet wide in the C-1 and C-2 Districts (see Exhibit B, Sidewalks, Walkways and Pedestrian Links).

(5) Signage.

(a) No new freestanding signs shall be installed.

(b) A promotional sign up to 64 square feet may be installed to identify a development or facility. However, such sign shall be considered as a temporary sign that shall be removed within 14 days of receipt of a certificate of occupancy.

(6) Landscape features.

(a) Install and maintain street trees at an average interval of 40 feet along both sides of all streets where there are no existing street trees (see Exhibit B, Street Trees/Shade Trees).

(b) Install and maintain internal landscaped courtyard areas, roof gardens and/or green areas.

(7) Utilities. Place new utilities underground.

(8) Restaurant-sidewalk cafe. The purpose of restaurant-sidewalk cafe designation is to promote the pedestrian character of the City. The following shall apply:

(a) It shall be unlawful for any person to erect, construct or maintain a restaurant-sidewalk cafe without first applying for and securing a permit therefor as hereinafter provided.

(b) Any person who shall desire to open a restaurant-sidewalk cafe in the City shall make application therefor (the applicant) in writing to the Codes Department. Such application shall be accompanied by such application fee as required by a schedule of fees established by and amended from time to time by resolution of City Council. Such application shall be made upon forms provided by the City and shall set forth and include the following:

[1] The name and address of the applicant.

[2] A plan specifying the precise location of the outdoor portion of the restaurant-sidewalk cafe, including a calculation of the proposed occupant load.

[3] The written consent of the property owner.

[4] An agreement of indemnity as outlined in Subsection F(8)(d).

[5] The indoor seating capacity of the restaurant-sidewalk cafe.

[6] Such other information as may be required from time to time.

(c) No action shall be taken on any application for a permit under this subsection until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of City Council, has been paid in full. The schedule of fees shall be kept on file at the Codes Department. There shall be no proration of fees under this subsection.

(d) The applicant shall well and truly save, indemnify, defend and keep harmless the City of Coatesville, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the restaurant-sidewalk cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-sidewalk cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-sidewalk cafe.

(e) The restaurant-sidewalk cafe shall have a minimum indoor seating capacity of 15 persons.

(f) The restaurant-sidewalk cafe outdoor areas are required to stop serving customers on or before 11:00 p.m. prevailing time, and clear all tables of food, beverages and customers on or before 12:00 midnight prevailing time.

(g) The restaurant-sidewalk cafe shall serve all beverages in a glass only.

(h) The applicant shall maintain the restaurant-sidewalk cafe in accordance with all City ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the City which pertain to this use of restaurant-sidewalk cafes.

(i) The applicant shall remove the outdoor portion of the restaurant-sidewalk cafe within 30 days after written notice if the City determines that the restaurant-sidewalk cafe is detrimental to the health, safety and general welfare of the City or its citizens.

[1] Due to pedestrian traffic changes, the restaurant-sidewalk cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;

[2] The restaurant-sidewalk cafe interferes with the maintenance or installation of an underground utility structure;

[3] The restaurant-sidewalk cafe is no longer being used as such;

[4] The restaurant-sidewalk cafe has been temporarily or permanently closed for violation of any City, state or federal law and/or regulation; or

[5] The restaurant-sidewalk cafe is operated in violation of any ordinance, rule or regulation of the City of Coatesville.

(j) In the event that the applicant fails to remove the restaurant-sidewalk cafe within 30 days after written notice, the City may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-sidewalk cafe be removed by the City, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the City and by requesting the return in writing. The responsibility for removal under the provisions of this subsection shall be the sole responsibility of the applicant without any obligation or cost assessed against the City.

(k) The City may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this subsection, and the same shall be approved by the City Council.

(l) In any location where the restaurant-sidewalk cafe is not separated from the flow of traffic by parking areas or other barriers, no table shall be located within five feet of the curb.

(m) The restaurant-sidewalk cafe outdoor area must provide table service.

G. Procedures for approval of development in the TND Overlay District.

(1) All applicants are encouraged to submit sketch plans for all TND Overlay proposals. As per Section 707-A of the Pennsylvania Municipalities Planning Code, such plans may be informally reviewed as conceptual plans in order to provide an opportunity for the City to make suggestions and recommendations on the design of the proposed development.

(2) The applicant shall follow the preliminary and final plan application requirements of the most recent version of the City of Coatesville Subdivision and Land Development Ordinance and shall include the following information:

(a) Building plan. A separate plan sheet shall be submitted to depict the proposed building program. Said plan shall indicate the proposed principal and accessory uses, the gross square footages of all uses, and the building heights. The building plan shall also indicate the total lot coverage, existing and proposed.

(b) Street, alley, and streetscape plan.

[1] A separate plan sheet shall be submitted to depict the proposed interconnected street and alley network. Such plan shall indicate all street widths and rights-of-way widths.

[2] Such plan shall indicate all materials, depths of pavement courses, and gradients.

(c) Pedestrian access plan.

[1] A separate plan sheet shall be submitted to depict the proposed interconnected network for pedestrian access, including sidewalks and other pathways.

[2] Such plan shall indicate all sidewalk and path widths, materials and gradients.

(d) Staging/phasing plan.

[1] A separate plan sheet shall be submitted to depict proposed staging or phasing of the total land development.

[2] In the case of a development proposed to be developed over a period of years, flexibility of housing density, design and type may be addressed to:

[a] Permit a variation in each section to be developed from the density or intensity of use established for the entire development.

[b] Allow for a greater concentration of density or intensity of land use within some section or sections of development, whether it be earlier or later in the development.

[c] Require that the approval of such greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the City, provided that the reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this article, can be maintained.

(e) Landscape plan.

[1] A separate plan sheet shall be submitted to depict all proposed landscape features.

[2] The landscape plan shall indicate all plant types, size and quantities as well as the types, sizes, and materials for all paving, benches, walls, and other structures.

(f) Parking plan.

[1] A separate plan sheet shall be submitted to depict proposed surface and deck parking. Such plan shall list the number of parking spaces proposed in relation to the proposed use(s).

[2] On-street parking spaces may be counted toward the overall parking requirement whenever such parking is located along the frontage of the property that is proposed for development.

[3] Off-street deck parking may be counted toward up to 50% of the overall parking requirement whenever such parking is located within 400 feet of the property proposed for development.

(g) Signage plan.

[1] The provisions of Article XIV, Signs, shall apply.

[2] A separate plan sheet shall be submitted to depict all proposed signage for all wall and window signs, as well as any proposed banners, directional, and way-finding signs.

[3] Such plan shall also depict the size, materials, colors, graphics, and anchoring details for all signs.

(h) Utilities plan. A separate plan sheet shall be submitted to depict all proposed utilities. Such plan shall indicate all proposed types, sizes, and materials of utilities that are proposed.

(i) Design handbook. At the time of land development plan submission for each phase or stage of development, a design handbook shall be submitted by the applicant to illustrate the proposed design excellence, architectural excellence, and related construction excellence for the proposed architectural, streetscape, and landscape features. Said handbook shall be consistent with the general design principles for the TND Overlay District set forth in Exhibit B to this article XVIII, and shall be submitted for approval by City Council, which approval shall not be unreasonably denied, provided it complies with the applicable aforementioned General Design Principles.

(j) Declaration of covenants, easements and restrictions. A declaration shall be submitted to the City and shall be in such a form as deemed satisfactory to the City Solicitor.

(3) In order to promote flexibility of design of a traditional neighborhood development, modifications from specific design criteria contained in the Zoning Ordinance may be needed, as provided for in Article VII-A, Traditional Neighborhood Development, of the Pennsylvania Municipalities Planning Code, Sections 701-A(a)(8), 701-A(a)(9), 702-A(2), 706-A(a), and 706-A(g)(2). The City Council shall have the authority to grant de minimus modifications of such zoning requirements if, in Council's discretion, it determines that such modifications will result in a better design of a traditional neighborhood development and will not adversely affect the health, safety, and welfare of the City. Such grant shall occur after a public hearing and public meeting to consider the modifications.

(4) Compliance with the provisions for a traditional neighborhood development under this article shall be determined by City Council in the exercise of its reasonable discretion and judgment, in consultation with the City Planning Commission, the City Engineers, City Planner, and other advisors.