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HomeMy WebLinkAboutOrdinance Draft 06-04-02 01/14/02 05107102 05/21/02 06/04/02 AMENDED AND RESTATED ORDINANCE WESTCLAY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT Section 5. Permitted Principal Uses. 5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts thereof, subject to the applicable Development Standards. A. The following residential uses: (1) detached dwellings (2) attached dwellings (3) apartments (4) accessory dwellings (5) congregate housing B. Recreational developments or facilities owned or operated by an Eligible Title Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds and other recreational spaces, and recreational buildings. C. Civic uses. D. The following commercial uses: (1) financial institutions, including drive- through banking facilities (provided such are located at the rear of a lot) and exterior ATMs. (2) offices, including general offices, professional offices and real estate offices. (3) retail sales of goods and services permitted in the B -5 and B -7 Districts except those described in Section 23B.5 of the Zoning Ordinance unless otherwise permitted by this Ordinance or by the Commission. (4) restaurants, except drive- through facilities. (5) clinics or medical health centers. (6) one (1) automobile service station, including the sale of gasoline and other automotive petroleum products and such retail consumer goods as are permitted to be sold in a general store. The premises may include, as an accessory use only, facilities for polishing, greasing, washing, or otherwise cleaning, servicing, or repairing motor vehicles, but does not include liquefied petroleum gas distribution facilities or automobile body repairs. All automobile services permitted herein, with the exception of fuel dispensing, shall be within a fully enclosed service bay or shielded from view from adjacent properties. No automobile service is permitted unless the design of the service station substantially conforms with the design depicted on the Development Plan or is approved by the Commission applying the standards specified in Section 8.9. E. Agricultural uses, except agri- business structures. F. Public, semi public and private recreational uses except shooting gallery, but including bowling alley and/or billiard parlor if approved by the Commission. G. Bed and breakfast establishment, having not more than 10 bedrooms or suites each of which is not less than 200 square feet. H. Inns, having not more than 100 bedrooms or suites each of which is not less than 200 square feet, provided that, unless authorized by the Commission, no such inns shall be permitted in that part of the District lying west of Towne Road. No more than one (1) bed and breakfast establishment and one (1) inn may be located in the Primary Area (MU) without the approval of the Commission. Section 7. Residential Development. 7.1. Without the approval of the Commission, the gross residential density in the District shall not exceed 2.0 dwellings per acre and the gross residential density in the Secondary Area shall not exceed 1.3 dwellings per acre. 7.2. Upon completion of the Development, the number of single family detached dwellings in the District shall be at least 50 percent of the number of Permitted Dwellings. 7.3. Apartment houses may be located only in the Village Center. Without the approval of the Commission, apartments (exclusive of accessory dwellings) shall not constitute more than 16.52 percent of the number of Permitted Dwellings. 7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different dwelling types may be mixed in any distribution within any single block. 7.5. Only large lot single family detached dwellings and accessory dwellings shall be permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or the right -of -way of Hoover Road between the north and south property lines of Claridge Farm shall be not less than 15,000 square feet in area. 7.6. Buildings in the Primary Area shall be designed in conformance with the Design Vocabulary. 7.7. Accessory dwellings shall be limited to 1,000 square feet in floor area. A detached accessory dwelling may be housed in a building containing only the dwelling or in a building which contains the dwelling with garage, workshop, studio, home based office or similar use. There shall not be more than one accessory dwelling located on a lot in addition to the single family dwelling. An attached accessory dwelling shall be subordinate to the principal structure characterized at a minimum by a lower ridge line. 7.8. Each apartment or owner occupied dwelling in a mixed use structure or an apartment house shall be a minimum of 725 square feet in gross floor area. No more than one apartment or owner occupied dwelling may be located on the first floor of a mixed use structure. 7.9. Front yards of attached dwellings may be unified into one common yard treated as a single front yard for the entire building. 7.10. A maintenance easement shall be provided on a lot adjacent to a zero -lot line detached dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of two feet, but the roof shall be so designed that water runoff from the zero lot line dwelling is limited to the easement area. 7.11. A dwelling may be utilized as a staffed model, including temporary sales office, during the course of build -out of the Development, subject to the parking and signage requirements of Sections 16 and 18. A Certificate of Occupancy shall be required before the model is placed in service. 7.12. Without the approval of the Commission, no attached dwelling units west of Tone Road shall be located on a lot that abuts 126 or 131 Street. Unless otherwise authorized by the Commission, attached dwellings Located west of Towne Road shall not exceed two- family use. Section 8. Commercial Development. 8.1. No mixed -use or commercial structures shall be located in the Primary Area (SF) or in the Secondary Area or west of Towne Road. 8.2. Without the approval of the Commission, the aggregate square footage of commercial space in mixed use or commercial structures in the District shall not exceed 200 square feet of commercial floor area for each Permitted Dwelling. 8.3. Without the approval of the Commission, retail uses in the District shall not exceed 7-5 90 square feet for each Permitted Dwelling. 8.4. Without the approval of the Commission, office and service uses in the District shall not exceed 150 square feet for each Permitted Dwelling. 8.5. Commercial structures in the Primary Area (MU) shall not front on 130 Street or Towne Road. Commercial uses may be mixed and integrated with dwellings and civic uses within the Primary Area (MU). At least fifty -one percent (51 of the square footage of commercial and mixed use structures shall be located in the Village Center. 8.6. Commercial uses in the Primary Area (MU) may be contained in multi- story, mixed -use structures with commercial /retail uses on the ground level and apartments, owner occupied dwellings or offices on the upper levels. In a three story building, the second floor may contain either apartments, owner occupied dwellings or commercial uses and the third floor may contain either apartments, owner occupied dwellings or offices. 8.7. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in courtyards, provided that pedestrian circulation and access to store entrances are not impaired. An open pedestrian way of less than three (3) feet shall constitute impairment. Immediately adjacent to the handicap ramp connecting a street to a sidewalk or a path, a pedestrian way of no less than five (5) feet in width shall be provided. 8.8. Retail establishments (exclusive of a general store) shall be permitted to have sidewalk displays of retail merchandise. 8.9 Unless such structure is depicted on the Development Plan, Commission approval of the architectural design, landscaping, parking, signage, lighting and access to the property (ADLS) shall be necessary prior to the (i) establishment of any commercial structure; (ii) issuance of any Improvement Location Permit for a commercial structure; (iii) erection, reconstruction or external architectural alteration of any commercial structure in the District; or (iv) the changing of any site improvements pertaining to a commercial structure. In considering an application therefore, the Commission shall determine whether the proposed structure substantially complies with the Development Requirements and Design Vocabulary. If the Commission determines that it does, it shall approve the application for ADLS approval. If the Commission denies the application for ADLS approval, it shall specifically detail in writing the basis for its belief that the proposed use or structure does not comply with the Development Requirements and Design Vocabulary. An applicant who has been denied may immediately apply for ADLS approval of a new plan for the structure. A decision regarding ADLS approval or denial may be made by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which approves or denies any requested modification may be appealed by the Director or any interested party (including the Developer) to the Commission, also in accordance with the Commission's Rules of Procedure.