MIDDLESEX TOWNSHIP ROUTE 228 CORRIDOR COMMERCIAL AND MIXED USE OVERLAY DISTRICT ORDINANCE NO. 130 TOWNSHIP OF MIDDLESEX BUTLER COUNTY, PENNSYLVANIA

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1 Middlesex Township, Butler County, PA Route 228 Corridor Zoning DRAFT 7: Recommended by Planning Commission, with rezoning to add overlay October 14, 2016 MIDDLESEX TOWNSHIP ROUTE 228 CORRIDOR COMMERCIAL AND MIXED USE OVERLAY DISTRICT ORDINANCE NO. 130 TOWNSHIP OF MIDDLESEX BUTLER COUNTY, PENNSYLVANIA AN ORDINANCE AMENDING CHAPTER 175, ZONING, OF THE TOWNSHIP OF MIDDLESEX CODE OF ORDINANCES, TO ADD A NEW ARTICLE XXIV, ROUTE 228 CORRIDOR OVERLAY DISTRICT, AND AMENDING THE TOWNSHIP ZONING MAP TO REZONE CERTAIN PROPERTIES IDENTIFIED AS TAX PARCEL NOS. 230-S5- EA, 230-S5-EAA, 230-S5-EAB, 230-S7-5, 230-S7-5A, 230-S7-5AA, 230-S7-5AB, 230-S7-5A6A, 230-S7-5/1, 230-2F90-2, 230-2F90-3, 230-2F90-23, 230-2F90-2C, 230-2F90-2D, 230-2F90-2E, 230-2F90-2G, 230-2F90-2H, 230-2F90-2K, 230-2F90-2M, 230-2F90-2LA, 230-2F90-23A, 230-2F90-24A, 230-2F90-24B, 230-2F90-2EA, 230-3F57-11, 230-3F57-14, 230-3F57-11A, 230-3F57-11B, 230-3F57-11C, 230-3F57-11F, 230-3F57-11H, 230-3F57-12A, 230-3F57-13A, 230-3F57-13C, 230-3F57-14A, 230-3F57-14E, 230-3F57-14C, 230-3F57-14D, 230-3F57-11AB, 230-3F57-11AD, 230-3F57-11AH, 230-3F57-12A2, 230-3F57-12A3, 230-3F57-12A4, 230-3F57-13C3, 230-3F57-13CB, 230-3F57-13D1, 230-3F57-13D2, 230-3F57-13D3, 230-3F57-13D4, 230-3F57-11ABA, 230-3F57-13, 230-3F57-11D, 230-3F57-11D1, 230-3F57-13D1A, 230-2F90-2L, 010-3F57-A19C, 010-3F57- A19D, 010-3F57-A19, AND 010-3F57-A19B WITHIN THE TOWNSHIP OF MIDDLESEX FOR THE PURPOSE OF ADDING THE ROUTE 228 CORRIDOR OVERLAY ZONING DISTRICT AND PROVIDING FOR SEVERABILITY AND REPEAL OF PRIOR INCONSISTENT ORDINANCES. WHEREAS, Township of Middlesex, Butler County is planning for the economic development expected to take place along the Route 228 Corridor; and Page 1 of 12

2 WHEREAS, as the development pressure moves eastward from the Interstate 79 / Route 228 intersection, through Cranberry Township, Seven Fields Borough, and Adams Township, the Township of Middlesex (hereinafter Township ) is beginning to experience development growth that is expected to intensify; and WHEREAS, the Township is planning for the future development of the Route 228 Corridor by using available land use management tools authorized by the Pennsylvania Municipalities Planning Code (hereinafter MPC ); and WHEREAS, the proposed Route 228 Corridor Overlay District is a land use management tool that will guide new development in a manner consistent with the Township s Comprehensive Plans to maintain the Township s unique rural character while allowing for economic growth that will benefit the Township, neighboring communities, and the larger region; and WHEREAS, the MPC, Section 605(2) provides for the establishment of additional zoning classifications (overlay districts) to be made within any zoning district for the regulation, restriction or prohibition of uses and structures at, along, or near major thoroughfares, their intersections and interchanges, and transportation arteries; and WHEREAS, State Route 228, intersecting with Interstate 79 and running east/west through the southern quadrant of Butler County, is a major thoroughfare; specifically, that portion of Route 228, between the Township s western border and the intersection of Route 228 and Route 8 is a major thoroughfare in need of special attention with regard to land use and development in the Township; and WHEREAS, the boundaries of properties within the proposed Route 228 Overlay District, as represented on the revised Middlesex Township Zoning Map, and the Route 228 Corridor Overlay District Sheet, generally a butting the existing Route 228 rightof-way and/or the right-of-way for the proposed realignment of Route 228 (currently Alternative C Modified February 2016) to provide a consistent and contiguous zoning district along the corridor; and WHEREAS, the Middlesex Township Planning Commission reviewed this ordinance amendment on and recommended adoption to the Township s Board of Supervisors; and WHEREAS, the Board of Supervisors held a public hearing on pursuant to the MPC at which time testimony was received concerning the proposed amendment; and Page 2 of 12

3 WHEREAS, in the judgment of the Board of Supervisors, the proposed amendment is consistent with sound community planning principles and the Township s development objectives to accommodate evolving market demands in the region and to facilitate local economic growth. NOW, THEREFORE, be it ordained and enacted by the Board of Supervisors of the Township of Middlesex, Butler County Pennsylvania, and it is hereby enacted by the authority of the same, that Chapter 175, Zoning, of the Middlesex Township Code of Ordinances, is amended as follows: SECTION 1. Article XXIV, Route 228 Corridor Overlay District, is hereby added as follows: ARTICLE XXIV RT-228 Route 228 Corridor Commercial and Mixed Use Overlay District Purpose. The purposes of this district are to: Location. a. Allow for new commercial and office development while also accommodating the preservation of farm land, open space, and rural character; b. Provide a gradation of land use intensity and density from the rural nature of the Township to the more suburbanized Town Center zoning area of the Township within the Route 228 Corridor; c. Create a desirable front door gateway for the Township; d. Accommodate land uses that primarily provide for services and amenities utilized by the local community; e. Introduce commercial and other uses into an area of the Township where these uses were previously not permitted. The introduction of these uses shall be sensitive to the existing land use context and landscape. The uses and development of land along this corridor overlay is intended to be of lesser density than that permitted in the existing C-2 Highway Commercial or C-3 Regional Commerce Zoning Districts. The Route 228 Corridor Overlay applies to all properties within the corridor, generally a butting the existing and/or proposed re-aligned Route 228 right-of-way, as indicated on the revised Middlesex Township Official Zoning Map, and the Route 228 Corridor Overlay District Sheet. Page 3 of 12

4 Applicability. The requirements of the Route 228 Corridor Overlay District are complementary and in addition to any other applicable requirements of the existing base zoning districts and any other applicable zoning regulations. Where there is a conflict between the Route 228 Corridor Overlay District and any other applicable zoning requirement of the existing base zoning districts, the Route 228 Corridor Overlay District shall supersede the conflicting requirement to the extent of the conflicting requirement only except that the Route 228 Corridor Overlay District shall completely preempt any base zoning district regulations with respect to billboards Authorized Uses. A. Permitted uses. (1) Church (2) Dwelling, Single-Family (3) School B. Conditional uses. (1) Business service (2) Grocery Store (3) Motel/Hotel (4) Multi-Family Residential (5) Nursing homes (5) Offices, Business and Professional (6) Restaurants (7) Retail Store (9) Townhouses (10) Planned Residential Development Additional Conditional Use Regulations. In addition to any applicable conditional use requirements of this Article, the following additional requirements shall be met for the following conditional uses in the Route 228 Corridor Overlay District: 1. All Conditional Uses must meet the following requirements: Page 4 of 12

5 a. The maximum building footprint shall be 40,000 square feet, except as otherwise may be specifically provided for by the requirements of this Overlay District. b. The development of any proposed conditional use within 1,000 feet of the western Township boundary on the southern side of Route 228, shall construct a Township gateway sign. The sign shall meet the following requirements: i. A monument sign with exterior lighting, with a minimum sign area of 4 feet by 6 feet. ii. Contain the Township logo, as provided by the Township. iii. Include only the words Welcome to Middlesex Township. c. Grocery Store, retail, and office uses i. In addition to any other required setback or buffering, grocery store, retail, and office uses may exceed the maximum building footprint of 40,000 up to a maximum building footprint of up to 80,000 square feet provided that the building shall be set back a minimum of 100 feet from any boundary line of any adjacent property within the following zoning districts: R-1, R-2, PRD, AG-A, and R-AG, whether the abutting property is within or outside of the Overlay District. ii. Grocery Store, retail and office uses proposed as part of a multi-parcel, master-planned development that includes two or more buildings and two or more land uses, may have a building footprint larger than 80,000 square feet provided that the building shall be set back at least 200 feet from any boundary line of any adjacent property within the following zoning districts: R-1, R-2, PRD, AG-A, and R-AG, whether the abutting property is within or outside of the Overlay District. d. Motel/Hotels i. Only permitted when proposed as part of a multi-parcel, masterplanned development that includes two or more buildings and two or more land uses where the proposed access point(s) to Route 228 is shared by multiple tenants and/or land uses. e. Nursing Homes i. See f. Restaurants i. Only permitted when proposed as part of a multi-use, master planned large land development where proposed access point(s) to Route 228 is shared by multiple tenants and/or land uses Area and bulk regulations. 1. Residential Uses a. Setbacks, lot coverage, and other area and bulk regulations for residential uses in a Planned Residential Development shall be those as required by the applicable base zoning district. Page 5 of 12

6 b. Residential uses are permitted only where non-residential development is existing or proposed between the residential development and the Route 228 right-of-way; residential uses may not be located immediately adjacent to Route 228. Alternatively, all residential uses must be set back from the Route 228 right-of-way by Non-Residential Uses a. Height i. Principal Structure Maximum Height: 60 feet. ii. Accessory Structure Maximum Height: 40 feet. b. Setbacks i. Front Yard Setback: Setback from Route 228 right-of-way: Minimum 75 from the edge of right-of-way or 100 from centerline of Route 228, whichever is greater. However, the Front Yard Setback may be reduced to no less than 50 feet from the edge of right-of-way provided that the following buffering is provided between the Route 228 right of way and any parking lot, at a minimum: a. Street trees, minimum of 2 caliper in size at the time of planting, planted 30 on center. b. Continuous row of evergreen shrubs, a minimum of 3 in height at the time of planting. ii. Side Yard Setback: 20 feet. iii. Rear Yard Setback: 50 feet. iv. Where a commercial use abuts a residential or agricultural use, the following side and rear yard setbacks shall apply: 1. Side Yard Setback: 30 feet. 2. Rear Yard Setback: 75 feet. c. Lot Coverage: i. Maximum 70% of lot area with impervious surface and building. d. Landscaping shall be required pursuant to the requirements of Section In addition to any other requirements of this Section, the following landscape buffers shall apply: i. Bufferyard A shall be provided along the side and rear perimeter of any land development where such land development abuts property that is within the AG-A Rural Residential, R-2 Residential, or R-AG Residential Agriculture Zoning Districts, PRD and R-1 Suburban Residential. ii. Bufferyard B shall be provided where any proposed residential use abuts an existing or proposed non-residential use. iii. Bufferyard C shall be provided along the side and rear perimeter of any land development where such land development abuts property that is within the Town Center or C-2 Highway Commercial Zoning Districts. Page 6 of 12

7 e. Building i. Front Building Façade materials shall be brick, stone, or similar material from the ground level to the top of the building structure. ii. The ground-level front facade and the facade of any building facing a public, private or internal street shall have windows and/or door(s) covering at least 50% of the horizontal length of the façade, between the height of three feet and eight feet above the walkway or grade, allowing views into and out of the interior. Product display windows may be used to meet the transparency requirement. 1. The percentage of required window and door openings, above, allowing interior views, may be reduced by using false or opaque window features, provided that they match the form of the required window and door openings and comprise no more than half of the required 50% coverage requirement and that the openings appear as an integral part of the facade. 2. No more than two sides of any one building shall be subject to the transparency requirements. iii. All buildings shall provide prominent and highly visible street-level doorway entrances along the front or side of the building which faces a public street. iv. No mechanical or electrical equipment related to a building or structure shall be visible from a public right-of-way. Wherever feasible, the use of exterior mechanical systems should be minimized. v. Buildings included in proposed land development within the Overlay District shall have a common architectural theme that includes colors, materials, and architectural design that are common among buildings within the Overlay District Parking and loading. 1. Number of spaced required: See Article XIII. a. To the greatest extent possible, off-street parking areas shall be designed to reduce negative visual effects of extensive paved areas and contain defined landscaped pedestrian walkways. Parking areas shall be constructed within centralized location(s) accessible to multiple land uses. Parking areas on multiple lots shall be interconnected to the greatest extent possible to reduce traffic congestion and the number of curb cuts along public streets. If said layout can be demonstrated not to be physically feasible, then said parking shall be located to the rear or side of the lot's structures. b. No single parking lot area shall exceed 40% of the overall lot. c. All parking areas shall be landscaped as per Township standards. d. One landscape island measuring at a minimum of 160 square feet in area shall be constructed for every 10 parking spaces. The island shall contain a Page 7 of 12

8 Lighting. minimum of one deciduous tree that has a minimum caliper size of three inches and ground cover planting covering 50% of the island's area. e. Parking lots shall be located a minimum of 10 feet from any lot line of an adjacent property or adjacent land development. This requirement shall not apply where multiple parking lots and properties are included within one land development. f. All service and loading areas shall be located in the rear yard of a lot. The service and loading area of all nonresidential developments shall be screened by an eight-foot high hedge, earth berm, masonry wall or fence with a minimum opacity of 80%. 1. Lighting along streets and within parking lots shall not exceed 24 feet in height. Pedestrian lighting in public areas and along sidewalks shall not exceed 16 feet in height. 2. All parking lot light fixtures shall be sharp cutoff-fixtures such that the source of illumination is not visible. 3. All light fixtures installed within 50 feet of an adjacent land development or property not within the same land development where the fixture is located must be shielded to direct the illumination from the fixture away from the adjacent land development or property Signs. See Article XIV. Notwithstanding anything to the contrary in any previous ordinance, billboards are not permitted in the Route 228 Corridor Overlay District, including any properties within the Overlay District that are also within the C-2 base zoning district Steep Slope Controls. See Storage. See Access and Circulation. 1. Vehicular Access a. Access to Route 228: Access shall be designed to minimize the number of points of access to arterial and collector streets. Any site which contains two or more buildings shall be designed to encourage the use of common driveways to control access to Route 228. b. All land developments shall have no more than one point of access for every 500 feet of frontage on Route 228. Page 8 of 12

9 c. Ingress, egress and internal traffic circulation on the site shall be designed to minimize congestion, to ensure safety and to provide adequate accessibility to all buildings for fire-fighting equipment and emergency vehicles. 2. Pedestrian Circulation a. Sidewalks are required to be constructed on local roadways and access drives, not within or adjacent to the Route 228 right-of-way. b. Sidewalks shall directly connect to existing sidewalks situated on adjoining lots. 3. Connectivity a. All land developments shall provide for vehicular and pedestrian access between the proposed development and any adjacent existing development. Where a proposed land development is adjacent to undeveloped land, the proposed land development shall accommodate future pedestrian and vehicular connections to such adjacent undeveloped land by accommodating such access within the overall sight layout and reservation of recorded construction and access easements to facilitate construction of the future connection Screening and landscaping. See SECTION 2. The Township Zoning District Map is amended to rezone certain properties, identified as the tax parcel numbers listed below and also map also illustrated in map form in Exhibit A, the Township Zoning Map, to add the properties to the Route 228 Corridor Overlay District. The base zoning district of each affected property remains unchanged. PARCEL NUMBER OWNER OF RECORD ADDRESS 230-S5-EA MATHEWS PHILLIP J & CANDACE A 114 HARBISON RD 230-S5-EAA MATHEWS JOSEPH A & MINDY L 116 HARBISON RD 230-S5-EAB MATHEWS AUDREY M HARBISON RD 230-S7-5 DETAR DENNIS A 159 OLD ROUTE 8 SOUTH 230-S7-5A DUFFORD DUANE A & LAURIE K OLD RT 8 SOUTH 230-S7-5AA SEMPLE MARCIA 141 OLD ROUTE 8 SOUTH 230-S7-5AB SMITH KEVIN A & MELLOR TIFFANY R 145 OLD ROUTE 8 SOUTH 230-S7-5A6A DUFFORD DUANE A & LAURIE K 153 OLD RT 8 SOUTH 230-S7-5/1 FRASER PATRICIA A TR & PITTSBURGH RD 230-2F90-2 HETZEL JOHN M & BEATRICE M 117 ALLEMANDE LANE 230-2F90-3 LESTER DAVID W ET AL 145 ROUTE 228 WEST 230-2F90-23 SCELZA DONALD A 220 OLD ROUTE 8 SOUTH 230-2F90-2C NAPIERKOWSKI THOMAS A & NADINE 151 RT 228 WEST Page 9 of 12

10 230-2F90-2D HEGARTY JOHN G 111 ALLEMANDE LANE 230-2F90-2E LAWTHER THOMAS R & LESLIE A 108 ALLEMANDE LANE 230-2F90-2G PASSAFLUME MELISSA K 119 HARBISON RD 230-2F90-2H LAWTHER THOMAS R & LESLIE A ALLEMANDE LANE 230-2F90-2K PATTON NORMAN Z & WILMA C 115 HARBISON RD 230-2F90-2M BAKER ROBERT J ET AL C/O BEAR OF 155 ROUTE 228 WEST PA 230-2F90-2LA REILLY RICHARD T & ALYCE J 102 ALLEMANDE LN 230-2F90-23A ROACH JOSEPH M & ANDREA 212 OLD ROUTE 8 SOUTH 230-2F90-24A HOBURG JEFFREY T ET AL CORNER RT OLD RT F90-24B SVED JUDITH M 222 OLD ROUTE 8 SOUTH 230-2F90-2EA JURENA GLENN 117 HARBISON RD 230-3F57-11 HAWKINS FAMILY FARM LLC HARBISON RD 230-3F57-14 GIGLIOTTI HOLDINGS LP ROUTE 228-WEATHERBURN DR 230-3F57-11A AUGUSTINE MARK & ANN 111 AUGUSTINE LANE 230-3F57-11B MATHEWS PHILLIP J & CANDACE A HARBISON RD 230-3F57-11C HOETER JAN W 110 HARBISON RD 230-3F57-11F KENNEY DEBORAH L & RICHARD E 237 ROUTE 228 WEST 230-3F57-11H CHAMBERS THOMAS J & MICHELLE L 229 ROUTE 228 WEST 230-3F57-12A CARR NANA B ROUTE F57-13A MATUSIK VINCENT M 101 POINTE DR 230-3F57-13C KECK GEORGE L & DARLENE M 290 PARK RD 230-3F57-14A MARS AREA SCHOOL DISTRICT 355 ROUTE 228 WEST 230-3F57-14E GIGLIOTTI HOLDINGS RT 228 WEST 230-3F57-14C SEITZ BARBARA Y 345 ROUTE 228 WEST 230-3F57-14D SEITZ BARBARA Y ROUTE 228 WEST 230-3F57-11AB MOODY EDWARD J & LINDA J 245 ROUTE 228 WEST 230-3F57-11AD HART SUSAN E 251 ROUTE 228 WEST 230-3F57-11AH CROSSWAY CH ASSEMBLIES OF GOD 109 DAVIS RD 230-3F57-12A2 CARR NANA B 325 RT 228 WEST 230-3F57-12A3 DE LA TORRE FAMILY PTRSHP MARS RD 230-3F57-12A4 CARR NANA B MARS RD 230-3F57-13C3 PARK DEAN M & LOIS M ROUTE F57-13CB FOLZ FRANCIS J & MARGARET A 112 ORCHARD LANE 230-3F57-13D1 PARK ROGER W & SUSAN R 285 PARK RD 230-3F57-13D2 PARK WAYNE C & ROMA 279 PARK RD 230-3F57-13D3 PARK RANDY L & DARA A 158 ROUTE 228 WEST 230-3F57-13D4 TOOMEY BRIAN & SHERYL 166 ROUTE 228 WEST 230-3F57-11ABA LATRONICA RONALD A & DEBRA L 243 ROUTE 228 WEST 230-3F57-13 PARK ROGER W & SUSAN R PARK ROAD 230-3F57-11D FUSARO MICHEL I 211 ROUTE 228 WEST 230-3F57-11D1 FUSARO MICHEL I ROUTE F57-13D1A PARK ROGER W & SUSAN R 285 PARK RD Page 10 of 12

11 230-2F90-2L FANTINI JASON R & DENA R 104 ALLEMANDE LANE 010-3F57-A19C MARS AREA SCHOOL DISTRICT 100 WINFIELD MANOR DR 010-3F57-A19D CULVER SHIRLEY B TR 400 RT F57-A19 VALENCIA SPORTS COMPLEX 414 RTE F57-A19B McMEEKIN THOMAS & ELIZABETH H 409 RT 228 SECTION 3. SECTION 4. Severability: Should any sentence, section, clause, part or provisions of this Ordinance amendment be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid. Repealer: All ordinances, code sections or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Duly presented at a regular meeting of the Township of Middlesex Board of Supervisors, Butler County, Pennsylvania, the proposed ordinance amendment is hereby ENACTED and ORDAINED this day of, MIDDLESEX TOWNSHIP ATTEST: I, Travis Cavanaugh, Township Manager/Secretary of the Township of Middlesex, do hereby certify that the foregoing Ordinance was advertised in the Butler Eagle, a newspaper of general circulation, on, 2016 and, 2016, that this is a true and correct copy of Ordinance No. 130 adopted at a regular meeting of the Board of Supervisors, held on the day of,2016. Township Manager/Secretary Date Page 11 of 12

12 EXHIBIT A TOWNSHIP ZONING MAP Page 12 of 12

that shall be accessed via the main lobby of the building or entryways

that shall be accessed via the main lobby of the building or entryways ORDINANCE NO 11 025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE TEXAS AMENDING CHAPTER 28 OF THE CITY OF GREENVILLE CODE OF ORDINANCES ARTICLE V SITE DEVELOPMENT CONCERNING THE STANDARDS