Monroe Council Minutes | 3/7/2016

COUNCIL OF THE TOWNSHIP OF MONROE MINUTES

REGULAR MEETING - SEPTEMBER 7, 2016

The Council of the Township of Monroe met in the Municipal Building, 1 Municipal Plaza, for a Regular Meeting.

The Regular Meeting was Called to Order at 7:00 p.m. by Council President Leslie Koppel with a Salute to the Flag.

UPON ROLL CALL by the Township Clerk, Patricia Reid, the following members of Council were present: Councilman Blaise Dipierro, Councilman Michael Leibowitz, Councilwoman Elizabeth Schneider, Council Vice-President Stephen Dalina and Council President Leslie Koppel.

ALSO PRESENT: Mayor Gerald W. Tamburro, Business Administrator Wayne R. Hamilton, Township Attorney Joel L. Shain, Engineer Mark Rasimowicz and Deputy Township Clerk Christine Robbins.

There were approximately twenty (20) members of the Public present in the audience.

Council President Koppel requested the Township Clerk to read the following SUNSHINE LAW into the record:

In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the Minutes of this meeting that adequate notice of this meeting has been provided by the following:

1.Posted on January 5, 2016 on the Bulletin Board of the Office of the Township Clerk in the Municipal Building, 1 Municipal Plaza and remains posted at that location for public inspection;

2.Printed in the HOME NEWS TRIBUNE and STAR LEDGER on January 8, 2016;

3.Posted on the Bulletin Boards within the Municipal Complex;

4.Posted on the Monroe Township website; and

5.Sent to those individuals who have requested personal notice.

In accordance with Chapter 3, Section 17 of the Monroe Township Code, Public Comment shall be limited to five (5) minutes unless further time is granted by the Council President.

A moment of silence was held to remember Joe Harvie.

Mayor Tamburro swore in the new Township Clerk, Patricia Reid.

A five-minute recess was taken for pictures.

The meeting was reconvened at 7:10PM.

The following PROCLAMATIONS of Mayor Gerald W. Tamburro were read into the record by title:

CHILDHOOD CANCER AWARENESS MONTH

SEPTEMBER

Jonathan Volpe, a student at Monroe Twp. High School, spoke of receiving the diagnosis of pre b cell lymphoblastic lymphoma just two after his 7th birthday and treatment he has endured to fight the disease. His mother Carla thanked everyone who helps to raise awareness for this cause and for all of the children who are continuing to battle this disease.

OVARIAN CANCER AWARNESS MONTH

SEPTEMBER

UPON MOTION made by Councilwoman Schneider and seconded by Councilman Dipierro, the CLAIMS per run date of 08/25/2016 were approved for payment as presented.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

UPON MOTION made by Council Vice-President Dalina and seconded by Councilwoman Schneider, the MINUTES of the June 27, 2016 Special and Agenda Meeting were approved as written and presented.

ROLL CALL:Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Councilwoman Elizabeth SchneiderAye

Council Vice-President Stephen DalinaAye

Council President Leslie KoppelAye

UPON MOTION made by Councilman Leibowitz and seconded by Council Vice-President

Dalina, an Ordinance of which the following is the title was moved on second reading for

final passage: ORDINANCE NO. O-7-2016-026 AMENDING CHAPTER 108 OF THE CODE

OF THE TOWNSHIP OF MONROE, ENTITLED “LAND DEVELOPMENT”. (Tabled at the

August 1, 2016 Meeting)

ORDINANCE as follows: (O-7-2016-026)

WHEREAS, by Resolution R-7-2016-283, the Council approved The Housing Element and Fair Share Plan of the Monroe Township Master Plan; and

WHEREAS, that Plan contemplated certain amendments to Chapter 108; and

WHEREAS, the Planning Board, the Township Planner and Township Counsel recommend the adoption of these amendments; and

WHEREAS, the Council believes the amendments to be in the public interest;

WHEREAS, pursuant to N.J.S.A. 40:55D-62, et seq., the Township Clerk has notified persons affected by the zoning district changes contemplated hereby;

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that Chapter 108 of the Code of the Township of Monroe entitled “Land Development” be and is hereby amended as follows:

SECTION 1.

108-6.28. PRD-AH-AR Planned Residential Development-Affordable Housing-Age Restricted District.

The PRD-AH-AR Planned Residential Development-Affordable Housing-Age Restricted District is repealed in its entirety.

108-6.7.R-3A Residential – Agricultural District.

The overlay zone PRD-AH-AR Planned Residential Development-Affordable Housing-Age Restricted District in the R-3A Residential-Agricultural District is removed from Lots 2, 4, 5, 10, 11.05, 13, 14, 15, 16.01 and 32 in Block 36 and Lot 1 in Block 36.02 and said lots shall be zoned strictly R-3a Residential Agricultural District

108-6.30.R-ARAF Residential-Age Restricted Affordable Housing District.

Lots 1.09, 3, 6, 9.01, 9.02 and 11.01 in Block 36, which were formerly zoned R-3A Residential-Agricultural District with an overlay PRD-AH-AR Planned Residential Development-Affordable Housing-Age Restricted District, are changed to a R-ARAF Residential-Age Restricted Affordable Housing District.

The purpose of this section is to establish the standards and requirements for developments that include a mix of market-priced housing and housing affordable to low- and moderate-income age-restricted households. The affordable housing will assist the Township in meeting its constitutional and statutory obligations to provide a realistic opportunity for the construction of its fair share of its region's needed low and moderate income housing.

The following shall be requirements of the R-ARAF District, in addition to other provisions, not inconsistent with this Article. In case of conflict with the provisions of other ordinances, this section shall govern.

Permitted Uses:

(1)Inclusionary housing development consisting of affordable age-restricted housing as defined by this Article and the current rules of the New Jersey Council of Affordable Housing and market-rate housing. All housing shall comply with the provisions set forth herein this section. Permitted residential dwellings include:

(a)Market-rate multi-family townhouse and apartment dwelling units that are deed restricted to limit the number of bedrooms to two (2) per dwelling units and to prohibit the conversion of basements, dens, offices, lofts and other non-bedroom spaces and rooms into a new bedroom. The maximum amount of market-rate multi-family townhouse and apartment dwelling units shall not exceed two-hundred-thirteen (213).

(b)Affordable multi-family age-restricted rental apartment dwelling units that are provided at a minimum twenty percent (20%) set aside of total dwelling units and thirteen percent (13%) of the total affordable dwelling units are for very low-income households. The minimum amount of affordable multi-family age-restricted rental apartment dwelling units shall be fifty-three (53).

(2)No building, structure or land shall be used for and no building structure shall hereafter be erected, structurally enlarged or maintained except for the permitted affordable age-restricted and market-rate housing to be used by the residents of the Inclusionary housing development, their guests or other authorized users.

Permitted Accessory Uses:

Decks and patios for use by the residents on the premises, located in the rear yard within the building envelope. No deck shall be larger than ten (10) feet by twenty (20) feet.

Open space and recreational facilities for use by the residents on the premises.

Development, area, yard and building requirements. No building permit shall be issued for construction or other improvement in an R-ARAF Residential-Age Restricted Affordable Housing District development except in accordance with a general development plan for the overall site and an engineering and improvement plan for each section that has been approved by the Planning Board. The following development requirements shall apply to the R-ARAF Residential-Age Restricted Affordable Housing District:

(1)Minimum site area. The minimum site area for an inclusionary development in the R-ARAF Residential-Age Restricted Affordable Housing District shall be at least sixty-six (66) acres contained in one (1) parcel that is not bisected by existing streets, roads, rights-of-way or railroads.

(2)Gross residential density. The gross residential density shall not exceed four (4) dwelling units per acre.

(3)Site bulk requirements:

[1]Minimum site frontage shall be one thousand one hundred (1,100) feet.

[2] Minimum site width shall be one thousand one hundred (1,100) feet.

[3]Minimum site depth shall be one thousand (1,000) feet.

(4)Yard and setback requirements:

To Curb Line ofTo Curb Line of

TractInternalInternal Road,Internal Road

DescriptionBoundaryLotsTownhousesApartments

Minimum

Front Yard50 feet--25 feet; 25 feet to15 feet; 25 feet to

front façade withfront façade with

drivewaydriveway and garage

Minimum

Side Yard50 feet10 feet----

Minimum

Rear Yard50 feet20 feet----

(5)Minimum separation between facades of residential buildings on lot with multiple residential buildings:

DescriptionRequirement

Side of building to side of building20 feet

Rear of building to rear of building50 feet

Rear of building to side of building40 feet

(6)Building coverage. Not more than twenty percent (20%) of the gross area of the total property tract shall be covered by buildings.

(7)Maximum building height.

(a)Townhouses shall not exceed three (3) stories or forty-five (45) feet.

(b)Apartment flats shall not exceed three (3) stories or forty-five (45) feet.

(8)Sidewalks and walkways shall comply with § 108-6.21.I. of this Article.

(9)Buffers and landscaping, shade trees and tree preservation shall comply with § 108-6.30.I. of this Article.

Affordable Housing.

(1)Required percentage of affordable age-restricted dwelling units built on-site. The developer shall designate and set aside twenty percent (20%) of the age-restricted dwelling units to be built on-site to have rents that are affordable to low- and moderate-income households and at least thirteen percent (13%) of the total affordable dwelling units shall be affordable to very low-income households.

(2)Required bedroom distribution for age-restricted affordable dwelling units. Low- and moderate-income units that are age-restricted may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of senior citizen low- and moderate- income units within the Inclusionary development. The standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit. Applications to waive this standard shall be made in accordance with N.J.A.C. 5:93 and shall be referred by the Council on Affordable Housing (C.O.A.H.) to the DCA Division of Aging for review and recommendations.

(3)Low- and moderate-income split. At least fifty percent (50%) of all units designated for low- and moderate-income households shall be affordable to low income households. Thirteen percent (13%) of the total affordable dwelling units shall be affordable to very low-income households, which very low-income units shall be counted as part of the low-income housing requirement.

(4)The construction phasing of market-priced and low- and moderate-income units shall comply with following table:

Minimum Percentage of	Percentage of
Low and Moderate Units	Market-Housing
Completed	Units Completed
0	25
10	25, plus 1 unit
50	50
75	75
100	90

A unit is deemed complete when its certificate of occupancy has been issued. This schedule shall apply unless an accelerated schedule has been agreed to by the Township and developer.

(5)Age restrictions shall be placed on the occupants of the designated affordable housing dwelling units.

(6)The location and design of affordable housing shall comply with the following requirements:

(a)The low- and moderate-income units shall be sited on the tract in locations at least as accessible to common open spaces and community facilities as market-priced dwellings.

(b)The exterior design of the low- and moderate-income units shall be harmonious in scale, texture and materials with the market priced units on the tract.

(7)Affordable housing shall comply with the Monroe Township Affordable Housing Ordinance and current New Jersey Council on Affordable Housing rules.

(8)Establishing rents of units shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(9)Affordability controls shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(10)General provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or re-occupancy on sold units shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(11)Application procedures for Inclusionary housing development shall comply with § 108-6.21.M of this Article.

Signage as permitted in Article X of this Chapter.

Parking as required in Article IX of this Chapter.

Landscaping and buffering as required by the following standards and in Article VIII of this Chapter:

(a)Buildings shall be set back a minimum of fifty (50) feet from the property lines of the tract. At least thirty (30) feet of this setback area shall either be preserved with its natural vegetation or landscaped to provide a reasonable visual buffer from adjacent property.

(b)Buffering shall provide a year-round visual screen in order to minimize adverse impacts on a site from adjacent areas. Buffering shall also ensure privacy for dwelling units and minimize adverse impacts from traffic, noise and glaring light.

(c)Buffering shall consist of a six (6)-foot high, sculptured, undulating, landscaped berm that has a top width of at least ten (10) feet. The top and side slopes of the berm shall be planted with massing of evergreen trees with an average height of eight (8) feet to create a natural pattern that achieves a full screening effect. Ornamental deciduous trees and large- and medium-growing evergreen and deciduous shrubs shall be added to the buffer area to improve screening at various growth heights of plant material. Fencing and walls may be added to the buffering to enhance screening and aesthetics. Natural woodlands may be retained in the buffer area. Such natural woodlands shall be evaluated by the reviewing board to determine whether additional plantings are needed to achieve the stated buffering objectives.

Fences are permitted in accordance with Article VIII of this Chapter.

An eight (8)-foot wide meandering path that consists of permanent pavement, such as concrete or bituminous concrete, shall be provided along Spotswood-Englishtown Road.

108-6.31. HD-R-AH Highway Development-Residential-Affordable Housing District.

Block 1.14 consisting of Lot 13.02, which was formerly zoned as HD Highway Development District, is changed to a HD-R-AH Highway Development-Residential-Affordable Housing District.

A.The purpose of this section is to establish the standards and requirements for developments that include a mix of highway commercial uses, market-priced housing and housing affordable to low- and moderate-income households. The affordable housing will assist the Township in meeting its constitutional and statutory obligations to provide a realistic opportunity for the construction of its fair share of its region's needed low and moderate income housing.

B.The following shall be requirements of the HD-R-AH District, in addition to other provisions, not inconsistent with this Article. In case of conflict with the provisions of other ordinances, this section shall govern.

C.Permitted Uses:

(1)All non-residential uses permitted in the HD District as provided in § 108-6.18.A. Only HD permitted uses shall be developed within four hundred (400) feet from the right-of-way line of New Jersey State Highway Route 33.

(2)Inclusionary housing development consisting of affordable housing as defined by this Article and the current rules of the New Jersey Council of Affordable Housing and market-rate housing. All housing shall be developed beyond four hundred (400) feet from the right-of-way line of New Jersey State Highway Route 33 and shall comply with the provisions set forth herein this section. Permitted residential dwellings include:

(a)Market-rate multi-family townhouse and apartment dwelling units that are deed restricted to prohibit the conversion of basements, dens, offices, lofts and other non-bedroom spaces and rooms into a new bedroom. The maximum amount of market-rate multi-family townhouse and apartment dwelling units shall not exceed one hundred twenty (120).

(b)Affordable multi-family family rental apartment dwelling units that are provided at a minimum twenty percent (20%) set aside of total dwelling units and thirteen percent (13%) of the total affordable dwelling units are for very low-income households. The minimum amount of affordable multi-family family rental apartment dwelling units shall be thirty (30).

(3)No building, structure or land shall be used for and no building structure shall hereafter be erected, structurally enlarged or maintained except for the permitted affordable and market-rate housing to be used by the residents of the inclusionary housing development, their guests or other authorized users.

D.Permitted Accessory Uses:

(1)Common swimming pools and clubhouses for use by the residents on the premises as per the requirements of Article XII of this Chapter.

(2)Open space and recreational facilities for use by the residents on the premises.

(3)Decks and patios for use by the residents on the premises located in the rear yard within the building envelope, except for decks and patios facing Butcher Road when compliant landscape buffer and berm are provided to create an effective screen from said road. No deck shall be larger than ten (10) feet by twenty (20) feet.

(4)Off-street parking areas and loading areas.

(5)Signs.

(6)Fences and walls.

(7)Satellite antennas.

(8)Public utility installations.

E.Conditional uses requiring a conditional use permit subject to the provisions of Article VII of this Chapter:

(1)Automotive gasoline stations, automotive repair garages, automotive service stations, automotive sales and service facilities.

F.Development, area, yard and building requirements. The following development requirements shall apply to the HD-R-AH Highway Development-Residential-Affordable Housing District:

Minimum tract area for a mix of non-residential and inclusionary residential uses shall be thirty (30) acres.

Permitted non-residential uses shall comply with the development, area, yard and building requirements of the HD District as set forth in § 108-6.4 of this Chapter, except for minimum lot area which shall be four (4) acres and minimum lot depth shall be four hundred (400) feet.

Inclusionary housing development shall comply with the following development, area, yard and building requirements:

Minimum site area. The minimum site area for an inclusionary development in the HD-R-AH Highway Development-Residential-Affordable Housing District shall be at least twenty-five (25) acres contained in one (1) parcel that is not bisected by existing streets, roads, rights-of-way or railroads, exclusive of the area of the parcel of land that will be developed with permitted non-residential uses.

Gross residential density. The gross residential density of the entire tract shall not exceed five (5) dwelling units per acre, and the maximum number of residential units shall not exceed one hundred fifty (150) dwelling units of which one hundred twenty (120) dwellings may be market-rate dwelling units and thirty (30) dwelling units shall be affordable dwelling units.

Residential sections may be subdivided into separate lots. Regardless of whether a residential section has been subdivided into a separate lot, a townhouse residential section shall not exceed a net residential density of eight (8) dwelling units per acre and an apartment residential section shall not exceed a net residential density of twelve and five tenth (12.5) dwelling units per acre.

Bulk requirements for subdivided lots containing a residential section:

[1] Minimum lot area shall be four (4) acres.

[2] Minimum lot frontage shall be two hundred (200) feet.

[3] Minimum lot width shall be two hundred (200) feet.

[4] Minimum lot depth shall be five hundred (500) feet.

Yard and setback requirements:

To Curb Line ofTo Curb Line of

TractInternalInternal Road,Internal Road

DescriptionBoundaryLotsTownhousesApartments

Minimum

Front Yard50 feet--25 feet; 25 feet to15 feet; 25 feet to

front façade withfront façade with

drivewaydriveway and garage

Minimum

Side Yard50 feet10 feet----

Minimum

Rear Yard50 feet20 feet----

Minimum separation between facades of residential buildings on lot with multiple residential buildings:

DescriptionRequirement

Side of building to side of building20 feet

Rear of building to rear of building50 feet

Rear of building to side of building40 feet

Lot coverage by buildings. Not more than thirty percent (30%) of the gross area of each residential section shall be covered by buildings.

Maximum building height.

[1]Townhouses shall not exceed three (3) stories or forty-five (45) feet.

[2]Apartment flats shall not exceed three (3) stories or forty-five (45) feet.

Sidewalks and walkways shall comply with § 108-6.21.I. of this Article.

Buffers and landscaping, shade trees and tree preservation shall comply with § 108-6.31.J. of this Article.

(4)All residential, including market-rate housing sections and affordable housing sections, and non-residential sections shall be interconnected with free flowing, non-barricaded roads and sidewalks. Cross access easements shall be provided on all subdivided residential and non-residential lots to ensure the free flow of pedestrian, bicycle and vehicular traffic.

G.Affordable Housing.

(1)Required percentage of affordable family rental dwelling units built on-site. The developer shall designate and set aside of twenty percent (20%) of the dwelling units to be built on-site to have rents that are affordable to low- and moderate-income households and at least thirteen percent (13%) affordable to very low-income households.

(2)Required bedroom distribution for affordable family rental dwelling units.

(a)At a minimum, thirty percent (30%) of all low- and moderate-income units shall have two (2) bedrooms.

(b)At a minimum, twenty percent (20%) of all low- and moderate-income units shall have three (3) bedrooms.

(c)The combination of efficiency and one-bedroom units shall be at least ten percent (10%) and no greater than twenty percent (20%) of the total low- and moderate-income units.

(4)The construction phasing of market-priced and low- and moderate-income units shall comply with following table:

Minimum Percentage of	Percentage of
Low and Moderate Units	Market-Housing
Completed	Units Completed
0	25
10	25, plus 1 unit
50	50
75	75
100	90

A unit is deemed complete when its certificate of occupancy has been issued. This schedule shall apply unless an accelerated schedule has been agreed to by the Township and developer.

(5)The location and design of affordable housing shall comply with the following requirements:

(a)The low- and moderate-income units shall be sited on the tract in locations at least as accessible to common open spaces and community facilities as market-priced dwellings.

(b)The exterior design of the low- and moderate-income units shall be harmonious in scale, texture and materials with the market priced units on the tract.

(6)Affordable housing shall comply with the Monroe Township Affordable Housing Ordinance and current New Jersey Council on Affordable Housing rules.

(7)Establishing rents of units shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(8)Affordability controls shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(9)General provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or re-occupancy on sold units shall comply with the Monroe Township Affordable Housing Ordinance and the New Jersey Council on Affordable Housing rules.

(10)Application procedures for Inclusionary housing development shall comply with § 108-6.21.M of this Article.

H.Signage as permitted in Article X of this Chapter.

I.Parking and loading as required in Article IX of this Chapter.

J.Landscaping and buffering as required by the following standards and in Article VIII of this Chapter

(1)Permitted non-residential uses shall comply with the buffer requirements of the HD District as set forth in § 108-6.18.H.

(2)Inclusionary housing development shall comply with the following buffering requirements:

Minimum width of buffer area along Butcher Road and the property lines of the tract shall be fifty (50) feet.

(b)Buildings shall be set back a minimum of fifty (50) feet from the property lines of the tract. At least thirty (30) feet of this setback area shall either be preserved with its natural vegetation or landscaped to provide a reasonable visual buffer from adjacent property.

(c)Minimum width of buffer area between the permitted non-residential uses and inclusionary development shall be twenty (20) feet. The buffer may include a berm of at least two (2) in height as is feasible given good engineering practices.

(d)Buffering shall provide a year-round visual screen in order to minimize adverse impacts on a site from adjacent areas. Buffering shall also ensure privacy for dwelling units and minimize adverse impacts from traffic, noise and glaring light.

e)Buffering shall consist of a six (6)-foot high, sculptured, undulating, landscaped berm that has a top width of at least ten (10) feet. The top and side slopes of the berm shall be planted with massing of evergreen trees with an average height of eight (8) feet to create a natural pattern that achieves a full screening effect. Ornamental deciduous trees and large- and medium-growing evergreen and deciduous shrubs shall be added to the buffer area to improve screening at various growth heights of plant material. Fencing and walls may be added to the buffering to enhance screening and aesthetics. Natural woodlands may be retained in the buffer area. Such natural woodlands shall be evaluated by the reviewing board to determine whether additional plantings are needed to achieve the stated buffering objectives.

K.Fences are permitted in accordance with Article VIII of this Chapter.

L.A ten (10)-foot wide meandering path that consists of permanent pavement, such as concrete or bituminous concrete, shall be provided along the frontage of the entire tract along Butcher Road and Route 33 and along the perimeter of stormwater management basins and connected to the internal pedestrian walkway system of the site.

108-6.32. POCD-AR-AH Planned Office Commercial Development-Age Restricted-Affordable Housing District.

Block 25 consisting of Lots 2.10, 2.11, 2.12, 2.13 and 2.14, which was formerly zoned as PO/CD Planned Office Commercial District, is changed to a POCD-AR-AH Planned Office Commercial Development-Age Restricted-Affordable Housing District.

A.The purpose of this section is to establish the standards and requirements for developments that include a mix of office and commercial uses, market-priced age-restricted housing and housing affordable to low- and moderate-income age-restricted households. The affordable housing will assist the Township in meeting its constitutional and statutory obligations to provide a realistic opportunity for the construction of its fair share of its region's needed low and moderate income housing.

B.The following shall be requirements of the POCD-AR-AH District, in addition to other provisions, not inconsistent with this Article. In case of conflict with the provisions of other ordinances, this section shall govern.

C.Required Uses:

Mixed-use building that consists of non-residential uses as permitted in this section and residential uses as required in this section. Non-residential uses shall be required to be provided on the first floor of the mixed-use building that faces Applegarth Road. Inclusionary housing development consisting of affordable housing as defined by this Article and the current rules of the New Jersey Council of Affordable Housing and market-rate housing shall be required to be provided within the mixed-use building. All housing shall comply with the provisions set forth herein this section. Permitted residential dwellings include:

(a)Market-rate multi-family apartment dwelling units that are deed restricted to permit only senior citizen residents as regulated in this Chapter and to prohibit the conversion of basements, dens, offices, lofts and other non-bedroom spaces and rooms into a new bedroom. The maximum amount of market-rate multi-family age-restricted apartment dwelling units shall not exceed one hundred nine (109).

(b)Affordable multi-family age-restricted rental apartment dwelling units that are provided at a minimum twenty-three-and-twenty-four-hundredths percent (23.24%) set aside of total dwelling units and thirteen percent (13%) of the total affordable dwelling units are for very low-income households. The minimum amount of affordable multi-family age-restricted rental apartment dwelling units shall be thirty-three (33). The affordable rental apartments shall be deed restricted to prohibit the conversion of basements, dens, offices, lofts and other non-bedroom spaces and rooms into a new bedroom.

D.Permitted Uses:

(1)All non-residential uses permitted in the PO/CD District as provided in § 108-6.16.A. and the NC Neighborhood Commercial District as provided in § 108-6.17.A.

(2)No building, structure or land shall be used for and no building structure shall hereafter be erected, structurally enlarged or maintained except for the permitted affordable and market-rate housing to be used by the residents of the inclusionary housing development, their guests or other authorized users.

E.Permitted Accessory Uses:

(1)Off-street parking areas and loading areas.

(2)Signs.

(3)Fences and walls.

(4)Satellite antennas.

(5)Public utility installations.

(6)Open space and recreational facilities for use by the residents on the premises.

(7)Customary and accessory uses and buildings which are clearly incidental to permitted principal non-residential uses and buildings.

F.Development, area, yard and building requirements. The following development requirements shall apply to the POCD-AR-AH Planned Office Commercial Development-Age Restricted-Affordable Housing District:

(1)Minimum tract area for mixed-use inclusionary housing and non-residential development in the POCD-AR-AH District shall be seventeen (17) acres.

(2)Permitted non-residential uses shall comply with the development, area, yard and building requirements of the PO/CD District as set forth in § 108-6.4 of this Chapter.

(3)Inclusionary housing development shall comply with the following development, area, yard and building requirements:

(a)Minimum lot area. The minimum site area for an inclusionary development in the POCD-AR-AH Planned Office Commercial Development-Age Restricted-Affordable Housing District shall be at least four (4) acres contained in one (1) parcel that is not bisected by existing streets, roads, rights-of-way or railroads, exclusive of the area of the parcel of land that will be developed with permitted non-residential uses.

(b)Gross residential density. The gross residential density of the entire tract shall not exceed eight and two-tenths (8.2) dwelling units per acre, and the maximum number of residential units shall not exceed one hundred forty two (142) of which one hundred nine (109) may be market-rate age-restricted dwelling units and thirty three (33) dwelling units shall be affordable age-restricted dwelling units.

(c)Bulk and yard requirements:

[1]Minimum lot frontage shall be three hundred (300) feet.

[2] Minimum lot width shall be three hundred (300) feet.

[3] Minimum lot depth shall be three (300) feet.

[4] Minimum front yard setback shall be fifty (50) feet.

[5] Minimum side yard setback to the tract boundary shall be fifty (50) feet.

[6] Minimum side yard setback to an internal lot shall be twenty [20] feet.

[7] Minimum rear yard setback shall be one hundred (100) feet.

(d)Maximum building height. Mixed-use building shall not exceed four (4) stories or fifty-eight (58) feet.

(e)Building Separation Requirement:

DescriptionRequirement

Side of building to side of building40 feet

Rear of building to rear of building50 feet

Rear of building to side of building50 feet

(f)Lot coverage by buildings. Not more than thirty percent (30%) of the gross area of each residential section shall be covered by buildings.

(g)Sidewalks and walkways shall comply with § 108-6.21.I. of this Article.

(h)Buffers, landscaping, shade trees and tree preservation shall comply with § 108-6.32.I. of this Article.

G.Affordable Housing.

(1)Required percentage of affordable family rental dwelling units built on-site. The developer shall designate a set aside of twenty-three-and-twenty-four-hundredths percent (23.24%) of the dwelling units to be built on-site to have rents that are affordable to low- and moderate-income households and at least thirteen percent (13%) of the total affordable dwelling units shall be for very low-income households.

(4)The construction phasing of market-priced and low- and moderate-income units shall comply with following table:

Minimum Percentage of	Percentage of
Low and Moderate Units	Market-Housing
Completed	Units Completed
0	25
10	25, plus 1 unit
50	50
75	75
100	90