A. Boundary. The RR District is hereby established, which shall include the geographic area shown on Exhibit A,
13
which is considered to be part of the Zoning Map.
B. Applicability and phasing.
(1) The RR Overlay Zone is an optional zoning district that overlays the underlying zoning district. An applicant shall have the option of developing property under the RR District or under the underlying district. Once a final planned residential development (PRD) plan is approved under the RR District, such land shall be developed under the RR District provisions and not the underlying zoning district, unless the Planning Commission approves a zoning application to abandon the PRD approval, after the applicant has provided notice in writing to the Zoning Officer and the Planning Office.
(a) Until such time as development is underway within a phase of development that was granted final PRD approval, uses shall be allowed under the regulations of the underlying zoning district. Once a final PRD plan has been approved for a phase, then within the land area of that phase, only uses that are allowed in the RR Overlay Zone shall be allowed, provided that other lawful preexisting uses may be continued as nonconforming uses.
(2) Development in the RR Overlay Zone shall first require tentative and then final approval as a planned residential development (PRD). The PRD approval process replaces the conventional subdivision and land development approval process. Once a PRD has been granted final approval by the City Planning Commission, then individual uses allowed in the RR Overlay Zone shall be permitted by right, provided they are consistent with the approved PRD plan. If uses or development are proposed that are inconsistent with the approved PRD plan, then the proposed PRD plan revisions shall first be approved by the Planning Commission.
(3) The provisions of this RR Overlay Zone shall only be available to be utilized if the "total area of the tract" is greater than 10 acres in common ownership or common equitable ownership at the time of tentative PRD plan submission. For the purposes of the RR Overlay Zone, a tract may include lots that are separated from each other by a street, a railroad, a park, or an alley.
(a) Once a final PRD plan has been approved, then individual buildings may be undertaken by various entities, provided there is overall compliance with the final PRD approval and provided there is compliance with the City-approved phasing plan and a development agreement that have been approved by the City.
(b) See additional phasing provisions in Subsection F below.
C. Use regulations. Within the RR Overlay Zone, land and/or structures may be used for any of the following permitted-by-right uses listed below and be combined together in one or more buildings, provided final PRD approval has been previously granted.
(1) Single-family detached dwellings.
(2) One-family semidetached dwellings or duplex dwelling.
(3) Apartment/multifamily dwellings, which may include mid-rise or high-rise apartments, provided the height requirement is met.
(4) One-family attached dwellings (townhouses).
(5) Adaptive reuse of a building to convert building space into dwelling units and/or to increase the number of dwelling units, provided the density requirements of this section are met.
(6) Amusement arcade.
(7) Bed-and-breakfast inn.
(8) Surface, underground or structured parking areas as an accessory or principal use, provided that the area of surface parking lots shall not comprise more than 50% of the total area of all lots within the tract, and provided that underground parking shall not be allowed within the one-hundred-year floodplain.
(9) Business services, which may include but is not limited to photocopying and custom printing.
(10) Catering, preparation of food for.
(11) Telecommunications tower/antenna that are attached to a building and that extend less than 25 feet above a principal building.
(12) Custom crafts, manufacture and sale of (such as jewelry and handicrafts), or artisan's studio, or retail craft shops such as, but not limited to, artisan shops, glass blower shops, ceramic tile maker shops.
(13) Exercise club or fitness facility.
(14) Financial institution (which includes a bank but which does not include a check- cashing establishment or pawn shop, each of which shall be considered a retail store).
(15) Hotel or motel, which may include a restaurant and conference center.
(16) Massage therapy by a trained person certified by a recognized professional organization, not including a sexually oriented business.
(17) Newspaper publishing and printing.
(18) Offices of business, institution, profession, medical, or similar entity (see also "home occupation").
(20) Recreation, commercial, indoor or outdoor, other than an outdoor motor vehicle race track.
(21) Restaurant, which may include entertainment, provided that drive-through service shall be prohibited.
(22) Municipal buildings and uses and other governmental facilities, but not including prisons, other correctional facilities and solid waste facilities.
(23) Retail store(s), which may include but is not limited to a supermarket or a farmers market, but not including an adult business.
(24) Tavern or nightclub, which may include a brew pub that manufactures alcoholic beverages for on-site and off-site sale.
(25) Theaters (not including a "sexually oriented business"), performing arts facilities, civic and/or cultural facility, arena, museum, canal, amusement park, water park, aquarium, sports stadium, gymnasium or auditorium.
(26) Trade school or similar educational institution.
(27) Veterinarians, other than kennel.
(28) Research and development, engineering or testing facility or laboratory.
(29) Adult day-care center.
(30) Day-care facilities, which may also include nursery school, preschool or "head start" program center.
(31) College or university, which may include dormitories or residence halls for full-time students and staff.
(32) Museum or visitor's center, and which include accessory retail sales.
(33) Nursing home or personal-care/assisted-living home or congregate care housing retirement community.
(34) Community center or resident/employee recreation center, nonprofit.
(35) Social club meeting facilities.
(36) Public park, playground or other publicly owned or publicly operated recreation facilities or noncommercial outdoor recreation areas, or nonmotorized recreation trails.
(37) Boat dock, wharf or marina.
(38) Swimming pools, public or private.
(39) Bus stops, bus passenger shelters and taxi waiting areas.
(40) Indoor vending and amusement machines, not including gambling machines.
(41) Public utilities meeting § 600-1203, including, but not limited to, electric substations and sanitary sewage facilities, but not including vehicle garages, warehouses, storage yards or freestanding commercial communications towers.
(42) Accessory use and/or structure on the same lot and customarily incidental to a lawful principal use.
(43) Community special event facilities, which may include tents, awnings and displays.
(44) Family child-care home.
(45) Group child-care home or child day-care as a principal use.
(46) (Reserved)
(47) Minor home occupations meeting § 600-1006. If a dwelling unit is designated on the final PRD plan as being a "live/work unit," then the requirement that the home occupation area is limited to 25% of the dwelling unit floor area may be increased to 50%.
(48) Sales or rental office, which may include model units, provided that any temporary modular sales/rental building shall be limited to use during the first year of construction.
(49) Warehousing as an accessory use to the permitted principal use of the lot, provided the warehousing does not occupy more than 25% of the floor area of the building.
(50) Places of worship.
(51) Private or public primary or secondary school.
D. Site layout and dimensional regulations.
(1) The following area, yard and building regulations shall apply for all uses approved within a PRD, whichever is most restrictive:
(a) Maximum residential density: 75 dwelling units/acre.
14
(b) Minimum lot area: 10,000 square feet, provided that 1,600 square feet for townhouses and for commercial uses fronting upon a pedestrian-oriented commercial street.
(c) Minimum lot width: 50 feet, provided that 20 feet shall be allowed for townhouses and commercial uses fronting upon a pedestrian-oriented commercial street.
15
(d) Minimum building setback for a new building from an abutting lot line at the perimeter of the tract: 15 feet, except a minimum of 30 feet from a residential district boundary for a building of greater than 40 feet in height.
(e) Minimum front yard setback: zero feet.
(f) Minimum rear yard setback: zero feet.
(g) Minimum side yard setback: zero feet.
(h) Maximum building coverage: 80%.
16
(i) Maximum building height: 140 feet, except 200 feet for portions of buildings that are more than 200 feet from a principally residential lot that is outside of the PRD.
(j) Buffer yard required: no, except an eight-foot wide buffer yard shall be required if a preexisting principal dwelling in a residential district is adjacent or across a street or alley from a new principal business use and such dwelling is not within the RR Overlay Zone.
(k) Site plan review by City Planning Commission: yes.
(l) Riverfront building setback: minimum of 50 feet from the top of the bank of the Schuylkill River or a structural wall or improved water's edge along the Schuylkill River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan. Pedestrian access may be placed within this setback.
(m) Each single-family detached, single-family semidetached or single-family attached dwelling shall have a private outdoor area including a minimum area of 300 square feet for the exclusive use of that dwelling unit. Such outdoor area may be a rear or side yard, a porch, a balcony, a deck, an improved rooftop recreation area with railings, or a similar feature.
(2) Fire access. The applicant shall prove to the satisfaction of the Planning Commission, after a review by the City Fire Department, that all buildings will be adequately accessible by fire apparatus. The applicant should use a computer program to show that adequate access will be available for the largest vehicles used by the Fire Department, including provisions for turnarounds. The City may require that buildings be sufficiently separated to allow firefighting access. Where streets or parking areas do not provide adequate access to various sides of a building, the City may require that a pedestrian pathway be constructed with sufficient paving depth and width so that the pathway will be suitable for use by fire trucks. Where there is no need for a pathway, the City may require other provisions for fire truck access, such as a stabilized surface under grass.
(3) Minimum business uses. A minimum of 35% of the total floor area of all enclosed buildings after completion of the development of the tract to be occupied by business uses. Areas used for vehicle parking shall not be considered in this calculation. [Amended 7-10-2017 by Ord. 60-2017]
(4) Open land. A minimum of 10% of the total lot area of the tract shall be set aside in open land that is available for active and passive outdoor recreational use by the residents and employees of the tract, or by the general public. Such open land shall be maintained in existing trees or may be planted with new trees and shrubs or improved for outdoor recreational facilities. Such open land shall be regulated by a conservation easement or deed restriction established by the applicant and enforceable by the City of Reading, which prohibits the construction of buildings and the further subdivision of the required open land.
(a) Outdoor recreational facilities shall be landscaped and may include pathways, pedestrian outdoor courtyards and structures typically included in active and passive recreational areas. Areas within a street right-of-way and areas used for buildings or vehicle parking shall not count towards the open land requirement, except rooftop active recreation facilities that are available to all residents of the building and/or tract may count towards up to 50% of the required open land areas. Required open land areas may be designed to be under a roof during inclement weather or under an awning or similar feature.
(b) Unless dedicated to and accepted by the City of Reading as part of a final PRD plan, such open land shall be owned and maintained by a legally binding association of property owners on the tract. The form of the property owners legal documents shall be subject to review by the City Department of Law. If there is mutual written agreement between the applicant and the City, part or all of the open land may be maintained as a public park.
(c) The open land shall be focused on taking advantage of the riverfront by providing for substantial public access along the banks of the river. Some of the open land may also serve the purpose of buffering residences from high traffic roads.
(d) The Planning Commission may approve a portion of the open land requirement being met by the applicant making recreation improvements to existing adjacent City-owned parkland, provided the extent of the improvements are specified and provided that the City Council approves a list of such improvements. The City Council may approve a lease of parkland for the purposes of allowing an applicant to make improvements to City parkland.
(5) Riverfront access. The RR Overlay Zone offers great flexibility to the developer as an optional form of development. In return for such flexibility, a developer shall only be eligible to use this RR Overlay Zone if the developer commits to providing public access to and along all portions of the Schuylkill Riverfront that are under the control of the applicant or that are under the ownership of any agency to such public access being provided by the applicant. The tract shall be designed to provide continuous public pedestrian and bicycle access from sunrise to sundown, at a minimum, from public streets to the riverfront, and then along the length of the riverfront along the entire tract. Such public access shall be provided upon completion of each phase for land in that phase adjacent to the riverfront. Complete public access along the entire riverfront shall be provided upon completion of the development, including provisions for future extension of public pathways from the edges of the tract. The Planning Commission may approve alternative access through the tract if public access at a particular part of the riverfront is not feasible. [Amended 7-10-2017 by Ord. 60-2017]
(a) Such public access shall include a pedestrian pathway with a minimum hard- surfaced width of 10 feet and a public pedestrian access easement with a minimum width of 14 feet. Such pathway may also be open to maintenance vehicles and bicycles. Such pathway may be gated and may be closed to the public between 10:00 p.m. and sunrise on land that is privately controlled. Access to land that is controlled by a public agency shall be governed by that public agency. Such riverfront pathway shall be illuminated and landscaped and shall connect with any existing or planned public trail adjacent to the tract.
(b) The applicant shall describe how parking will be made available for members of the public who wish to use the riverfront recreation trail and any recreation facilities open to the public. This may include on-street parking with time limits, but does not necessarily need to involve free parking provided by the applicant.
(c) Pedestrian public access points to the riverfront trail shall be available a maximum of 1,000 feet apart from each other, with each access point connecting to a street open to the public. Sufficient access shall also be available to the riverfront trail for maintenance vehicles. Except for police, motorized wheelchair and maintenance access, no motorized vehicles shall be allowed along the riverfront trail.
(6) Surface parking location. If a new principal building is constructed that will be occupied primarily by retail uses, no new vehicle surface parking spaces shall be located in the area between the front wall of such building and the curbline of the nearest public street. If such lot is adjacent to two or more streets, this restriction shall only apply to one street. This provision shall not restrict parking that is located to the side or rear of such building.
E. Site and building layouts. The following provisions shall be applied to the tract to the satisfaction of the Planning Commission:
(1) The tract shall include at least one pedestrian-oriented commercial street, with pedestrian entrances and pedestrian amenities along that street and with no off- street surface outdoor parking spaces located between such pedestrian-oriented street and the front of abutting principal buildings, except for loading/unloading spaces. Commercial establishments shall be placed along at least a portion of the street level building space along such pedestrian-oriented commercial street.
(2) Along this pedestrian-oriented commercial street, a minimum of 50% of the front wall of each principal building shall not have a setback of greater than 40 feet from the curbline. The Planning Commission may approve a wider setback where appropriate to provide room for pedestrian amenities or an outdoor cafe.
(3) The final PRD plan shall specify locations for garbage collection, business truck unloading areas and similar building services. Such locations shall be subject to approval by the Planning Commission to minimize conflicts with the pedestrian- oriented commercial street and dwellings.
(4) The PRD shall have at least one central focal point for each 2,000 feet of length of the development. Examples of such a focal point include a landscaped central green space and/or a pedestrian-friendly street that includes commercial uses.
(5) Feasibility of addressing site issues. As part of a tentative PRD application, the applicant shall provide written material describing methods that will be used to provide compatibility with any adjacent sanitary sewage facilities and to address safety with any underlying natural gas infrastructure.
F. Approval process and phasing. Development under the RR Overlay Zone shall require approval by the Planning Commission as a planned residential development (PRD). The requirements and procedures for a PRD of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., are hereby included by reference.
(1) A tentative plan submittal shall be made that includes the entire tract. The tentative plan submittal shall state the following for the entire development and for each tentative phase: proposed number of dwelling units, the floor area of nonresidential uses, the amount and locations of open land, the proposed locations and heights of buildings, the proposed locations of off-street parking areas, the locations of loading areas, and sufficient other information to show the feasibility of the proposed development. A map shall show the tentative phasing plan.
(a)
The tentative plan submittal shall meet all of the requirements that would apply to a preliminary plan under Chapter 515, Subdivision and Land Development, of the Code of the City of Reading, except that tentative plans do not need to be drawn at a scale larger than one inch equals 100 feet, and except that the following submission requirements shall be deferred from the tentative plan to the final plan stage. Such deferral shall only occur if the applicant: shows the general feasibility of such features; and commits to not construct improvements that will be dedicated to the City prior to receiving final PRD plan approval for the area that includes such improvements. Such deferral may include the following:
[1] Stormwater calculations.
[2] Detailed grading and erosion and sedimentation control plans.
[3] Proposed monuments.
[4] Exact locations and species of plantings for landscaping plans.
[5] Utility and street profiles.
[6] Designs of culverts, manholes, catch-basins and similar construction details.
[7] Locations of proposed electric, telephone and cable television lines and water and sewage laterals.
(2) After review by the City Planning Office, City Engineer and Law Department, or their designees, and after the tentative plan has been offered for review by the County Planning Commission, the tentative plan shall be approved, approved with conditions or denied by the Planning Commission within the maximum time limits provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless the applicant provides a written time extension.
(a) The tentative plan may include a range of allowed uses in various areas, as opposed to identifying each specific use. The tentative plan shall show the preliminary layout of proposed streets, alleys, cartway widths, lots, public trails, recreation areas, major pedestrian and bicycle pathways, heights and uses of buildings, parking areas, major detention basins and proposed types of housing and nonresidential uses.
(b) The tentative plan is intended to show the interrelationships and compatibility of various elements of the PRD. The tentative plan shall be to scale and be designed to show how the PRD will comply with this chapter.
(3) After a tentative plan has been approved, a final plan shall be submitted, with any phasing occurring in logical self-sufficient phases. The final plan shall meet all of the same requirements that would apply to a final plan under Chapter 515, Subdivision and Land Development. The final plan shall need approval by the Planning Commission.
(a) No sale of lots or construction of buildings (other than one temporary modular sales/rental building) shall occur until after all of the following requirements are met:
[1] An approved final PRD plan for that phase has been approved by the Planning Commission and has been recorded;
[2] The applicant has proven they have met any conditions upon approval; and
[3] Acceptable financial guarantees for improvements have been established.
(4) A final plan submittal shall be accompanied by an updated plan of the entire PRD at a tentative plan level of detail, which shall show portions previously approved, portions that have been built, the locations affected by the current final plan submittal, and the remaining phases of development. This overall plan shall also show compliance with density and open space land requirements.
(5) Phasing. As each phase of development is approved, the applicant shall provide evidence that the requirements of this RR Overlay Zone will be met at the conclusion of that phase, even if later phases of development would not be completed. This shall include, but not be limited to, providing evidence of compliance with the density, bulk, and open land requirements. The City Planning Commission may permit variations in specific requirements of these provisions for an individual phase, provided there will be compliance after the completion of the next phase. Each phase of development shall be developed in full coordination with prior and future phases, to ensure that proper traffic circulation and utility services will be provided, and to ensure general compliance with the tentative plan. For each phase, the applicant shall prove that the PRD will be able to properly function and will include suitable vehicle and pedestrian access and utilities even if later phases of the PRD are not built.
(a) A tentative phasing plan shall be submitted as part of the tentative plan and be updated as part of any final plan and should be updated at least once a year afterwards. The phasing plan shall show the geographic area of each phase and the anticipated order of the various phases and an approximate timeline for start and completion of construction. The applicant shall prove to the City Planning Commission that any changes to the phasing plan comply with this chapter.
(b) After final plan approval, the developer shall be required to enter into a development agreement with the City to ensure the timely completion of required improvements, in coordination with the phasing plan.
(c) If new dwellings are proposed adjacent to an existing industrial use, then the Planning Commission shall have authority to require provisions for transitional buffering and setbacks between those dwellings and any adjacent industrially zoned land. Such buffering and setbacks are intended to make sure that there will be a compatible border between dwellings and industrial uses, in case later phases are not developed.
[1] The Planning Commission may require that financial guarantees be provided by the developer to fund buffer plantings if adjacent phases are not built.
[2] The Planning Commission may require that a building setback be provided for dwellings from the edge of a future phase.
[3] If such future adjacent phase is completed in conformance with the tentative PRD plan, then such buffer and setback requirement is eliminated.
(d) If a particular final plan is not generally consistent with the approved tentative plan, then the applicant shall submit a revised tentative plan for acceptance by the City Planning Commission. However, the approved tentative plan is not required to be revised for matters addressed in the final plan that do not affect Zoning Ordinance compliance, such as adjustments in street alignments or changes in building shapes to reflect more detailed design.
G. Additional requirements for a PRD.
(1) Other requirements. A PRD shall meet all of the requirements of this chapter and Chapter 515, Subdivision and Land Development, that are not specifically modified by this section or by the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., that govern PRDs.
(2) Architecture. To carry out the intent of traditional neighborhood development, as part of the final PRD submittal, the applicant shall submit a set of preliminary architectural sketches and the substance of draft architectural covenants to the Zoning Officer, the Planning Office, the City Department of Law and the City Planning Commission for review and comment. The applicant shall also submit a Manual of Written and Graphic Design Guidelines. Such provisions shall be prepared with the involvement of a registered architect. The applicant shall establish a set of architectural covenants as a condition of final plan approval, prior to the recording of such plan.
(a) No new principal building shall have a front facade that is primarily constructed using vinyl siding.
(b) New streetlights within the PRD shall have a decorative design with a maximum total height of 22 feet using a design preapproved by the City.
(c) The applicant should describe any environmentally friendly and energy-efficient measures that are intended to be incorporated into the construction, such as use of rooftop gardens or green roofs.
(3) Covenants. The City may also require covenants or conditions upon the plan to address setbacks, landscaping, pedestrian access, fire access, street improvements, utility improvements, access by the public to certain recreation areas, park improvements and other matters necessary to carry out the intent of this Overlay Zone.
(4) Public access. The tentative plan and final plan shall each describe the locations and extent of public access to the Schuylkill Riverfront.
(5) Traffic study and improvements. As part of the tentative plan submittal, the applicant shall submit a traffic impact study to the City. Such study shall assess current traffic conditions, the amount of traffic expected to be generated by the total development during peak hours, the impacts of the development upon traffic in the surrounding area, any resulting reductions in levels of service below a level of "C" at intersections and highway ramps, and measures that the applicant proposes to complete or fund to mitigate the impacts, such as street improvements and/or assistance in funding transit services. Such traffic impact study shall be updated as needed as each phase is submitted. If diagonal parking is proposed along a street, the traffic impact study shall assess the safety of such parking in that location.
(a) The traffic impact study shall analyze issues involving truck traffic, particularly to avoid conflicts between new dwellings and late-night truck traffic, while also addressing peak-hour congestion.
(b) The traffic impact study shall be prepared under the direction of a professional with substantial experience in preparing traffic impact studies. The qualifications of such person shall be included in the report.
(6) For lots within an Historic District that are regulated by Chapter 295, Historic Districts, the applicant shall also comply with such chapter.
H. PRD modifications. As authorized by the TND and PRD provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., specific zoning and subdivision and land development regulations that apply to a PRD application may be modified by the Planning Commission after receiving a written request from the applicant. Such modifications shall be allowed where the applicant proves that an alternative standard would meet the same public objective and would serve the purposes for a PRD and/or TND as provided in state law. Such modifications shall be limited to street standards, setback requirements, sidewalk and curb standards, improvement requirements, and technical engineering requirements. The Planning Commission shall consider recommendations of the City Engineer or designee before approving any modifications to street, improvement and rights-of-way requirements.
(1) As another option, the applicant shall also have the additional option of submitting an application for a zoning variance to the Zoning Hearing Board, in the same manner as would apply to other sections of this chapter.
(2) Such modification may include, but is not limited to, the following street rights-of- way and cartway widths.
(a) A collector street with two-way traffic may be constructed with two travel lanes of 11 feet each, eight-foot wide parallel parking lanes, a four-foot wide planting strip with street trees on each side of the street (which may utilize tree wells), pedestrian sidewalks on each side of the street that are a minimum of five feet in width, except eight feet in width in front of principal commercial uses, and a right-of-way width that includes the width of the required sidewalk.
(b) A local street with two-way traffic may be constructed with two travel lanes of 10 feet each, eight-foot wide parallel parking, a four-foot wide planting strip (which may utilize tree wells) with street trees on each side of the street, pedestrian sidewalks on each side of the street that are a minimum of five feet and a minimum right-or-way width that includes the required width of the sidewalk.
(c) An alley serving two-way traffic may be constructed with a sixteen-foot wide cartway and a five-foot wide minimum setback between the travel lane and any rear garage, provided that parking is prohibited within the cartway. Along any side of an alley along which parallel parking is allowed, an additional eight feet of paved width shall be required.
(d) The Planning Commission may require wider cartway widths as needed, considering the results of the traffic impact study.
(3) Any street within the RR Overlay Zone, whether public or private, shall meet the same minimum construction material requirements as any new street intended to be dedicated to the City under City ordinances, or as otherwise approved by the City.
(a) Pedestrian sidewalks with a minimum width of five feet and street trees meeting requirements of the City shall be required on each side of every street, unless the applicant proves to the Planning Commission that an alternative pathway open to the public will provide the same level of pedestrian access. The minimum width of sidewalks shall be increased to eight feet in front of principal commercial uses. Tree grates or similar measures may be used and permitted outdoor cafes may intrude into the sidewalk, provided a four-foot continuous pedestrian and wheelchair-accessible pathway is provided along the sidewalk. A minimum average of one street tree shall be required for each 40 feet of street length, unless existing trees will be preserved to serve the same purpose.
I. Off-street parking and loading regulations. The requirements of Part 16 of this chapter shall apply, except for the following modifications:
(1) Off-street parking may be shared by various uses and lots within the RR Overlay Zone, provided that the developer shall demonstrate to the Planning Commission that sufficient parking is provided on the tract that is within 500 feet of walking distance from the pedestrian entrance of the use that is served by the parking. The applicant shall prove that shared parking will continue to be available to all of the uses that are served by the parking during the life of those uses.
(2) The amount of off-street loading requirements shall be determined by the Planning Commission upon review of the proposed uses of each phase of the tentative PRD plan.
(3) Under the authority to modify requirements as part of a PRD, the Planning Commission may reduce the required amount of off-street parking by up to 30% based upon:
(a) The applicant's traffic study and parking study, provided the parking study analyzes current and anticipated on-street and off-street parking demand and supply within the PRD and at least one block in each direction.
(b) The ability of various uses to share parking, particularly if those uses have different period time periods of peak parking demand.
(c) Commitments by the applicant to fund or provide transit services for residents, customers and patrons, such as connections to an off-site parking area.
(d) The availability of public transit and/or any shuttle or trolley service that may be provided during periods of peak parking demand.
(4) For development under the RR Overlay Zone, new off-street vehicle parking spaces shall not be located within 100 feet from the top of the bank of the Schuylkill River or a structural wall along the Schuylkill River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan.
(5) An applicant may meet a maximum of 25% of the off-street parking space requirements for each use by counting new on-street spaces adjacent to the curb along a street adjacent to the use.
J. Preserved open land. The method of ownership and maintenance of the preserved open land shall be approved by the Planning Commission as part of the PRD approval. Any later changes to the preserved open land ownership or use that was not part of the PRD approval shall need Planning Commission approval.
(1) Required preserved open land shall be preserved through a permanent conservation easement that is enforceable by the City. The legal form of the documents concerning the preserved open land shall be approved by the City Department of Law or designee.
(2) The preserved open land shall be improved so that it is suitable for its intended use, including the planting of trees and shrubs where existing trees and shrubs will not be maintained.
(3) Methods for ownership of the preserved open land shall utilize one of the following:
(a) Dedication to the City for public recreation if the City agrees in advance to accept it;
(b) Dedication to a property owners' association, with each owner of property within the PRD legally required to annually fund their share of the maintenance of the open land;
(c) Retention by the owner of a rental housing development; or
(d) Another suitable method that is specifically approved by the Planning Commission.
13. Editor's Note: Exhibit A is on file in the City office.
14. NOTE: The maximum residential density shall be based upon the total area of the tract, before the deletion of rights-of- way of proposed streets and before the deletion of open space. Dwelling units may be located within the same building as allowed nonresidential uses, provided such mixture of uses is consistent with the tentative PRD plan.
15. NOTE: Individual uses or buildings may be owned in a condominium arrangement, without each condominium unit needing to meet the minimum dimensional requirements (such as lot width and yards), provided that the applicant shows that the development would have been able to meet the dimensional requirements if individual lot lines had been established.
16. NOTE: The maximum building coverage shall be based upon the ground level footprint of all buildings on the tract divided by the total area of the tract. Individual lots may have a higher building coverage, provided that the maximum is not exceeded for the tract. Underground parking that is covered by vegetation or a pedestrian plaza shall not count as building area for the purposes of this section. The City may require that certain lots include a deed restriction limiting their maximum coverage to ensure that the maximum overall coverage requirement is met across the tract over time. For each 1,000 square feet of building floor area that achieves certification or a higher level under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System, an additional 300 square feet of building coverage shall be allowed above the maximum.