ORDINANCE 20-2008
ORDINANCE
OF THE BOROUGH OF MADISON AMENDING CHAPTER 195, LAND DEVELOPMENT, OF THE MADISON
BOROUGH CODE TO REZONE CERTAIN PROPERTIES AT THE
EAST END OF MAIN STREET TO “GATEWAY ZONE : GATEWAY I AND II” FROM “CC
COMMUNITY COMMERCIAL ZONE”
WHEREAS,
the eastern-most area of Main Street occupies a prominent and strategic position
as the entrance or gateway into the Borough of Madison, and
WHEREAS,
this area is characterized by a wide mix of land uses that have developed over
time, and
WHEREAS,
there are non-conforming uses and non-conforming yards, areas and setbacks in
this area, and
WHEREAS,
there is an opportunity to redevelop certain properties that are presently
underutilized, are inappropriate to a gateway area and/or can be reasonably
reused through creative development and zoning techniques, good civic design and
arrangement, and
WHEREAS,
rezoning this area will implement the Borough Master Plan (1992) and Master Plan
and Reexaminations (1999 and 2004), that identify a housing need for mature and
senior citizen households at appropriate densities in locations accessible to
major roadways, commercial services, and public facilities, and
WHEREAS,
mature and senior citizen multi-family housing at these gateway locations will
be compatible with adjacent uses and enhance proximate commercial uses, and
WHEREAS,
rezoning will promote the purposes of the Municipal Land Use Law, specifically
to guide the approximate use and development of land in the Borough of Madison
that will promote the public health, safety, morals, and general welfare;
promote the establishment of
appropriate population densities and concentrations; provide sufficient space in
appropriate locations for a
variety of residential uses; promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
NOW
THEREFORE, BE IT RESOLVED
that the Borough Council adopts the following zoning amendments to the Land
Development Ordinance:
Section 1.
Section 195-7
Definitions is amended to include:
I.
AGE RESTRICTED– Housing
restricted to occupancy by a head-of-household age 55 or older. No person 18
years or younger shall permanently reside in the housing unit.
J.
SENIOR
CITIZEN – Housing restricted to occupancy by a head-of-household age 62 or
older. No person 18 years or
younger shall permanently reside in the housing unit.
Section 2.
Section 195-32.13
Gateway Zone is
added to the Land Development Ordinance as follows:
A.
Purpose. The purpose
of this zone is to provide reasonable age restricted and senior citizen
multi-family housing and office uses and development standards for properties
strategically located at the eastern gateway entrance to the Borough of Madison.
The uses permitted are those that complement and are supportive of
existing commercial uses in the remaining CC Community Commercial zone and are
compatible with abutting residential uses.
The standards of this zone are intended to encourage superior building
aesthetics and streetscape enhancement at a scale appropriate to this unique
area and the Borough. To achieve
these objectives, zoning standards are introduced to encourage property
agglomeration and redevelopment that will promote implementation of the purposes
of this zone and, the Borough Master Plan and Master Plan Reexamination.
B.
Principal
permitted uses:
(1)
Age-restricted
multi-family dwellings.
(2)
Senior
citizen multi-family dwellings.
(3)
Business,
medical, professional, executive or administrative offices, and
(4) Institutional and public uses.
C.
Accessory uses:
(1)
Uses
that are customarily incidental and accessory to the principal use.
D. Gateway 1: Area, Height and Bulk Requirements:
(1)
Area
minimum: 50,000 sq. ft.
(2)
Maximum
height:
a.
2-1/2
stories or 35 feet for lots under 80,000 sq. ft.
b.
3
stories or 38 feet for lots greater than 80,000 sq. ft.
(3)
Setbacks:
a.
For
buildings 2-1/2 stories or less or under 35 ft. in height:
-Front
yard: 40 feet.
-Side
yard: 15 feet.
-Rear
yard: 25 feet.
b. For buildings in excess of 2-1/2 stories or 35
feet in height.
-Front
yard: 40 feet
-Rear
and side yard: 25 feet
(4)
Maximum
impervious coverage for age-restricted and senior citizen multi-family
dwellings: 65%
(5)
Minimum
number of buildings per tract or lot:
a.
For
lots greater than 80,000 sq. ft.: 2
b.
For
lots greater than 110,000 sq. ft.: 3
(6)
Maximum
impervious cover for age-restricted and senior citizen multi-family dwellings:
65%
(7)
Maximum
dwelling units per acre for age-restricted and senior multi-family dwellings:
a.
For
lots under 80,000 sq. ft.: 16 units
per acre
b.
For
lots greater than 80,000 sq. ft.: 20
units per acre
c.
For
lots greater than 90,000 sq. ft.: 22
units per acre
(8)
Age-restricted and senior citizen multi-family off-street parking. As set forth in RSIS. Not
less than half of required parking shall be underground parking.
Underground parking two (2) feet above grade shall be a story.
(9)
Façade length to frontage ratio: the
aggregate length of all building facades fronting a street shall not exceed 0.55
of the frontage width at the street right-of-way.
E.
Gateway II: Area, Height and
Bulk Requirements
(1)
Area
minimum: 120,000 sq. ft.
(2)
Maximum
height:
-
2-1/2
stories or 35 feet for lots under 130,000 sq. ft.
-
3
stories or 38 ft. for lots greater than 130,000 sq. ft.
(3)
Setbacks:
a.
For
buildings 2-1/2 stories or less or under
35 ft. in height:
-Front
yard: 40 feet
-Side
yard: 25 feet
-Rear
yard: 25 feet
b.
For buildings in excess of 2-1/2 stories or 35 feet.
- Front yard: 40 feet
-Rear
and side yard: 25 ft.
(4)
Maximum
impervious coverage for age-restricted and senior citizen multi-family
dwellings: 65%
(5) Minimum number of buildings per tract or lot:
a. For lots under
130,000 sq. ft.: 3
b. For lots greater
than 130,000 sq. ft.: 4
(6)
Maximum impervious cover for age-restricted and senior citizen multi-family
dwellings: 65%
(7)
Maximum
dwelling units per acre for age-restricted and senior citizen multi-family dwellings:
a. For lots under 130,000
sq. ft.: 18 units per acre
b.
For lots greater than 130,000 sq. ft.:
22 units per acre
(8) Age-restricted and senior citizen multifamily off-street parking. As
set forth in RSIS. Not less than
half of required parking shall be underground parking.
Underground parking two (2) feet above grade lot shall be a story.
(9) Façade length to frontage ratio:
The aggregate length of building facades fronting a street shall not
exceed 0.55 of the frontage width at the street right-of-way.
F.
Business,
medical, professional, executive or administrative offices, institutional and
public uses are governed by the following regulations and requirements:
(l)
Minimum area: 30,000 sq. ft.
(2)
Maximum height: 2-1/2 stories, 35 ft.
(3) Setbacks:
a. Front yard:
30 ft.
b
Side yard: 25 ft.
c
Rear yard: 25 ft.
(4)
Maximum impervious coverage: 70%
(5)
Maximum FAR: 0.35
G.
The
Zoning Map is amended to remove the following block and lots from the CC
Community
Commercial Zone and place them in the Gateway I and Gateway II
Zones as follows:
(1)
Gateway
I: Block 5202, Lots 1. 5, 6, 7,
7.01, 8 and 19.
(2)
Gateway
II: Block 2302, Lots 1,2, 3, 22, 23
H.
Supplemental requirements; design standards for gateway uses:
(1) Parking
a.
No parking shall be permitted in the required front yard, nor between any
parts of the building façade and the street right-of-way line.
b.
Parking areas shall be screened from view of adjacent residential zones,
existing residential uses and public roads by landscaping, fencing or a
combination of these to create a buffer at least four feet in height.
Landscaping shall contain a mix of deciduous and evergreen plantings
sufficient to screen the view of vehicles in all seasons.
c. Parking areas located
beneath a building shall be fully screened from public view by a mix of
deciduous and evergreen plantings and be physically enclosed from view by
extension of the front façade of the building to shield all such parking.
d.
Parking areas should provide safe access to and from the vehicle for the
driver and passengers
e. Access to parking
beneath a building shall be by an elevator.
(2) Landscaping
a.
A minimum five-foot landscaped buffer shall be required along each side
yard and a seven-foot landscaped buffer shall be required along the rear
property line. All pervious areas
in the required front yard and/or between the front building façade and the
street right-of-way shall be fully planted and maintained in lawn area or ground
cover or landscaped with a mix of deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape
architect.
(3)Vehicular Access
Vehicular
access to Main Street is limited to one ingress-egress point.
(4) Building arrangement and design:
a.
When
development consists of multiple structures, buildings should be
oriented
around open space, courtyard or similar landscape amenity.
b.
The
selection of building design elements, such as materials, fenestration, color
and texture, should be compatible with that in the Borough and neighborhood.
c.
Streetscape design should include landscaping, street trees, pedestrian
scale street lights, and similar features appropriate to a gateway location.
d.
Site
lighting should be harmonious with the building style and design.
e.
The
top third story, if any, shall be set back at least six feet, at all facades
facing a property line., a distance from the second floor roof eave equal to its
height above the second floor roof surface.
f.
All
building facades shall be treated as front facades.
(5)
Development shall implement section 195-24 General Design
Standards and 195-25
Specific Design Standards of the Borough Land Development Ordinance.
(6)
Applicants for development in
the Gateway Zones are encouraged to pursue creative design, LEED certifications
and visual and aesthetic excellence.
(7)
Applicants
for development in the Gateway Zones shall submit a concept plan for
planning
board review prior to an application.
Section
3.
All Ordinances or parts of Ordinances that are inconsistent with the
provisions of this Ordinance are hereby repealed, but only to the extent of such
inconsistencies.
Section 4.
The provisions of this Ordinance are severable.
If any part of this Ordinance is declared to be unconstitutional or
invalid by any Court, the remaining parts of this Ordinance will remain in full
force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall become effective after
final passage, adoption and publication according to law.
ADOPTED
AND APPROVED
_______________________________
MARY-ANNA HOLDEN, Mayor
Attest:
_________________________________
MARILYN
SCHAEFER, Borough Clerk