A.
In expansion of the statement of community development objectives contained in § 182-2 of this chapter, it is hereby declared to be the intent of this article with respect to CRSC Community and Regional Shopping Center Districts to provide for the logical and timely development of planned community-level retail commercial centers, incorporating office, entertainment and highway-business uses to serve the shopping and service needs of the Township's population growth and planned regional-level retail commercial centers as a conditional use to serve the expanding regional market of the Lower Perkiomen Valley area in accordance with the policies set forth in the Upper Providence Township Comprehensive Plan. Furthermore, it is the intent of this district to require the preparation of a market area study and community impact analysis by prospective applicants for community and regional shopping center development in order to:
(1)
Minimize conflicts between the proposed development
and the adjacent neighborhoods.
(2)
Ensure that proposed shopping centers can be supported
by the expected market area they are designed to serve.
(3)
Avoid detrimental competition with existing commercial
facilities and shopping centers within both the Township and in adjacent
municipalities.
(4)
Avoid congestion and hazardous traffic conditions
as a result of the development of proposed shopping centers.
B.
Finally, it is the intent of this district to ensure
that proposed shopping centers are developed in accordance with a
unified, overall site development plan, including reserve areas for
possible future expansion, coordinated internal and external vehicular
and pedestrian circulation systems, well-related, convenient and efficient
parking and loading areas, agreeable surroundings that provide comfort,
safety and convenience for prospective customers and high-quality
design in terms of building relationship, facade treatment, signing,
lighting and landscaped and planted buffers and screens, as well as
other natural and constructed amenities in furtherance of the general
welfare of prospective shopping center customers and of the residents
of Upper Providence Township.
[Amended 2-19-1985 by Ord. No. 246; 9-17-1990 by Ord. No.
301]
In the CRSC Community and Regional Shopping
Center District, a building or group of buildings may be erected,
altered or used and a lot may be used or occupied for any of the following
uses and no other:
A.
A community shopping center incorporating the following
uses:
(1)
A retail store, food market, garden shop or personal
service shop, excluding an automobile sales outlet.
(2)
A financial institution, studio and office for professional use or general business activity, which shall be subject to and controlled by §§ 182-100 through 182-104, contained in the PBO Professional and Business Office District regulations, except that all other requirements of this district which are not specifically addressed in the above-referenced sections shall also apply.
(3)
A medical and dental clinic for the treatment of humans.
(4)
A restaurant (including live entertainment) and catering
service, but excluding the sale of prepared food for consumption in
automobiles.
(5)
A bakery, confectionery or custom shop for the production
of articles to be sold at retail, only on the premises, and not employing
more than 10 persons at any one time.
(6)
A church, library, post office, educational facility,
community center for cultural or recreational activities, theater
for motion picture or stage productions (excluding an outdoor motion-picture
establishment) or assembly hall.
(7)
Day-care center.
[Amended 10-17-2005 by Ord. No. 451]
(8)
A passenger station for public transportation.
(9)
Structured parking for the use of employees and patrons
of the proposed shopping center.
(10)
An accessory use on the same lot with and customarily
incidental to any of the above permitted uses, including activities
other than sales and services and accommodations for watchmen or caretakers.
(11)
Communications antennas, in accordance with the provisions of § 182-21.1, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings.
[Added 6-1-1998 by Ord. No. 372]
(12)
Helistop, subject to the provisions of § 182-21 of this chapter.
[Added 8-6-2001 by Ord. No. 405]
(13)
Indoor fitness, recreation, or entertainment
use, provided the gross floor area devoted to said use does not exceed
30,000 square feet.
[Added 11-6-2006 by Ord. No. 468]
B.
The following uses, in conjunction with a shopping center development, when authorized as a conditional use by the Board of Supervisors, subject to the specific standards set forth in this article and in § 182-204.
(1)
A regional shopping center in accordance with the requirements of § 182-93B and incorporating the uses set forth in this district.
(2)
A hotel or motel, provided that every room shall include
a bathroom and each room and bath shall have a total minimum usable
floor area of not less than 200 square feet.
(3)
A gasoline service station.
(4)
A fast-food restaurant.
(5)
A car wash, provided that no portion of the lot used
for washing shall be closer than 100 feet to an abutting residential
or institutional district boundary line and all washing operations
shall be conducted within an enclosed building or structure.
(7)
Indoor fitness, recreation, or entertainment use in
excess of thirty thousand (30,000) square feet of gross floor area,
provided that parking for said use is directly accessible from a major
internal access drive without the need for vehicles to traverse intermediate
parking fields, and further provided that additional parking to serve
the proposed use may be required by the Board of Supervisors based
upon projected patron usage to be provided by the applicant at the
time of conditional use application.
[Added 11-6-2006 by Ord. No. 468]
C.
As a special exception only, communications antennas mounted on a communications tower and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service and that it is not feasible to mount the communications antenna on an existing public utility transmission tower, existing building or other existing structure. Communications antennas shall conform to the requirements of § 182-21.1, and communications towers shall conform to the requirements of § 182-21.2.
[Added 6-1-1998 by Ord. No. 372]
The following regulations shall apply in the
CRSC District:
A.
General regulations. The following general regulations
shall apply for any development proposal within the CRSC District:
(1)
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan. The transfer of ownership, except by mortgage, prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owners and the Board of Supervisors.
[Amended 2-21-1978 by Ord. No. 197; 12-16-1991 by Ord. No.
307]
(2)
Sewer and water facilities. The tract of land shall
be served by public water facilities and public sewer facilities deemed
acceptable by the Board of Supervisors, upon recommendation of the
Township Engineer.
(3)
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall comply with all requirements of Chapter 154, Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4)
Development stages and permits. The development of
a tract carried out in either a single phase or in stages shall be
executed in accordance with a development agreement. The owner, developer
and Township shall enter into said agreement embodying all details
regarding compliance with this article to assure the binding nature
thereof on the overall tract and its development, which agreement
shall be recorded with the final development plan.
(5)
Market area study and community impact analysis. Any application for development in the CRSC District or for any request for a rezoning to this district shall be accompanied by a market area study and community impact analysis (see § 182-95 herein) prepared by qualified professional(s). The purposes of these studies are to:
[Amended 12-16-1991 by Ord. No. 307]
(a)
Ensure that the proposed development will be
supported by the existing and expected population growth in the Township
and in the Lower Perkiomen Valley area.
(b)
Ensure that the proposed development will be
compatible with the existing and planned character of the immediate
neighborhood and the Township.
(c)
Ensure that the proposed development will not
be in conflict with existing and planned commercial facilities in
the immediate neighborhood, the Township and in adjacent municipalities.
(6)
A request for a CRSC zoning classification of a property
shall be accompanied by a development proposal and plan and by a market
area study and a community impact analysis as above required and in
the event that the proposal involves a regional shopping center, by
a request for a conditional use approval. The Board of Supervisors
shall hear and shall act upon all of the submissions concurrently.
B.
Site development requirements. The development of
sites for either a community or regional shopping center shall comply
with the development requirements set forth on the accompanying chart.
[Added 11-6-2006 by Ord. No. 468; 12-4-2006 by Ord. No.
470]
|
Site Development Requirements in the CRSC
Community and Regional Shopping Center
District
| |||
|---|---|---|---|
|
Site Development Requirements
|
Community Shopping Center
|
Regional Shopping Center
| |
|
Minimum tract sizea (acres)
|
10
|
75
| |
|
Minimum gross leasable area (square feet)
|
100,000
|
600,000
| |
|
Minimum frontageb (feet)
|
450
|
600
| |
|
Minimum building setbacksc (feet)
|
1001
|
2501
| |
|
752
|
2002
| ||
|
503
|
1003
| ||
|
1004
| |||
|
Minimum parking setbacksd (feet)
|
251
|
501
| |
|
502
|
752
| ||
|
253
|
503
| ||
|
04
|
04
| ||
|
Maximum building coverage
|
25%
|
25%
| |
|
Maximum impervious coveragee
|
80%
|
80%
| |
|
Maximum height (feet)
|
45
|
65
| |
|
NOTES:
| ||
|
a
|
Excluding the rights-of-way of existing public
roads.
| |
|
b
|
Measured along the ultimate right-of-way line.
| |
|
c
|
Measured from:
| |
|
1
|
The ultimate right-of-way line.
| |
|
2
|
An abutting residential or institutional district
boundary line.
| |
|
3
|
An abutting commercial or industrial district
boundary line.
| |
|
4
|
The ultimate right-of-way line of a limited
access highway (Route 422 Expressway)
| |
|
d
|
Measured from:
| |
|
1
|
The ultimate right-of-way line.
| |
|
2
|
An abutting residential or institutional district
boundary line.
| |
|
3
|
An abutting commercial or industrial district
boundary line.
| |
|
4
|
With shared parking and loading facilities.
| |
|
e
|
The total paved and built-up area of a tract.
| |
C.
Other development regulations. The following development
regulations shall be complied with for any proposed development within
the CRSC District:
(1)
Utilities. All utility lines (electrical, telephone,
etc.) shall be placed underground.
(2)
Signs. All signs in the CRSC District shall be subject to the requirements of Article XIX, Signs, of this chapter.
(3)
Access. Provision shall be made for safe and efficient
ingress and egress to and from public streets and highways serving
the CRSC development without causing undue confusion or interference
with the normal traffic flow. The Planning Commission, with the advice
of the Township Engineer, shall satisfy itself concerning the adequacy
of the thoroughfares and access points intended to accommodate the
traffic generated by the proposed CRSC development, as well as to
the street frontage of the proposed development.
(4)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of Chapter 154, Subdivision and Land Development, of the Code of the Township, § 154-40.
[Amended 6-3-2002 by Ord. No. 416]
(5)
Landscaped planting and buffer areas. Along a side or rear property line which is adjacent to a residential or institutional district, the owner shall place and maintain a Buffer Type 3 as described in § 154-36D(5) of Chapter 154, Subdivision and Land Development.
[Amended 8-1-2011 by Ord. No. 517]
(6)
Trash and refuse areas. The design of buildings in
the CRSC District shall include either a provision for the storage
of trash, refuse and garbage inside the building(s) or within a walled
area outside the building(s). The walls of such a trash and refuse
area must shield the trash and refuse from direct view of any adjacent
property and must be at least six feet in height.
(7)
Amenity areas. The developer shall be encouraged to
provide amenity areas for community or customer use, such as tot-lots,
playgrounds, benches, sitting areas and other services necessary for
the comfort and convenience of the prospective users of the CRSC development.
(8)
Off-street parking and loading facilities. A CRSC development shall provide a minimum of 5.5 parking spaces for each 1,000 square feet of gross leasable area (GLA) or fraction thereof. Those uses permitted as conditional uses in § 182-92B herein shall provide parking spaces in accordance with the pertinent requirements of Article XXII, Off-Street Parking and Loading, of this chapter. A CRSC development composed of 300,000 square feet of GLA or over, shall provide five parking spaces for each 1,000 square feet of GLA, including the GLA attributable to those uses permitted by conditional use pursuant to § 182-92B, or fraction thereof. Furthermore, all off-street loading facilities shall comply with § 182-184 of Article XXII, Off-Street Parking and Loading.
[Amended 2-7-2005 by Ord. No. 448]
(9)
Minimum distance between buildings or building groups.
The minimum distance between a building or group of buildings shall
be 25 feet, except that all structures connected by common roof lines
or covered walkways shall be considered as one building.
All proposals for development within the CRSC District shall comply with the pertinent requirements of Chapter 154, Subdivision and Land Development, concerning nonresidential developments.
The following minimum information shall be contained
in a market area study and a community impact analysis:
A.
Market area study.
(1)
A description of the commercial establishment(s) proposed,
the approximate number of employees anticipated for each establishment
and the sales volumes anticipated for each establishment.
(2)
A delineation of the proposed community or regional
market area.
(3)
An estimate of the population and number of households
existing now and anticipated in the next 10 years within the defined
community or regional market area.
(4)
Per capita or household estimates of the demand for
the goods and services proposed for the development and estimates
of the total existing and anticipated demand within the defined community
or regional market area for each proposed good and service.
(5)
The location and size of commercial establishments
within or near the defined community or regional market area.
(6)
Estimates of net customer buying power or net demand
for each commercial establishment in the proposed development.
B.
Community impact analysis.
(1)
The conformance of the proposed development with the
Comprehensive Plan of Upper Providence Township and its compatibility
with existing and proposed land uses adjacent to the site.
(2)
The impact on any existing floodplains, heavily wooded
areas, rock outcroppings, steep slopes and other sensitive natural
features, if any.
(3)
The impact on the Township and regional transportation
system and the ability of adjacent streets and intersections to efficiently
and safely handle the traffic generated by the proposed development.
(4)
The impact on public utilities, including but not
limited to sewage disposal, garbage and rubbish disposal, water supply,
storm drainage and electric utilities.
(5)
The impact on the provision of police and fire protection
for the proposed development.
(6)
The impact upon the character of the surrounding neighborhood.
The applicant must show that the proposed development will not adversely
affect the neighborhood by reason of noise, odors, smoke or vibration.
The market area study and community impact analysis required in § 182-93A(5) shall be evaluated to determine the appropriateness of the site in question to accommodate the magnitude of commercial development proposed, as well as the impact of the proposed development on the community facilities and services of Upper Providence Township. The following alternative findings shall result from the evaluation process:
A.
Evaluations which lead to an overall negative assessment
for a proposed development shall lead to a denial by the Board.
B.
Evaluations which lead to an overall negative assessment
for a proposed development may lead to a conditional approval by the
Board either when the developer agrees to undertake activities or
improvements which will compensate or correct deficiencies or negative
impacts caused by the implementation of the proposed development or
when the developer agrees to implement the proposed development at
a reduced square footage of gross leasable area, as specified by the
Board.
C.
Evaluations which lead to an overall positive or neutral
assessment for a proposed development shall lead to an approval by
the Board.
