TOWNSHIP OF LOWER MERION
BUILDING AND PLANNING Wednesday, November 8, 2017 COMMITTEE 7:00 PM (Approximately)
Chairperson: Elizabeth Rogan, Philip S. Rosenzweig (Co-Chairs) Vice Chairperson: Joshua L. Grimes, George T. Manos
FINAL AGENDA
1. AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW
2. AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR THE BRYN MAWR FARMERS’ MARKET
3. AUTHORIZATION TO INSTALL PLANTERS IN LANCASTER AVENUE RIGHT- OF-WAY IN BRYN MAWR
4. EXTENSION REQUEST - 39-41 E. Montgomery Avenue & 108 Glenn Road, Ardmore, LD# 3765
5. CONDITIONAL USE APPLICATION - 104 W. Lancaster Avenue, Ardmore, CU# 3780C
6. PRELIMINARY LAND DEVELOPMENT PLAN - 104, 108, 114 & 120 W. Lancaster Avenue, Ardmore, Ward 4
7. TABLED - PRELIMINARY OPEN SPACE SUBDIVISION PLAN - 1010 Spring Mill Road, Villanova, Ward 6, SD# 3751
8. TENTATIVE SKETCH PLAN - 206, 210 & 216 Bala Avenue & 5, 7 & 9 N. Highland Avenue, Bala Cynwyd, Ward 9, LD# 3792
9. CERTIFICATE OF APPROPRIATENESS - 5-7 West Lancaster Avenue, Ardmore, Ardmore Historic District, 17-32
10. CERTIFICATE OF APPROPRIATENESS - 9 East Lancaster Avenue, Ardmore, Ardmore Historic District, 17-33
11. CERTIFICATE OF APPROPRIATENESS - 25-27 West Lancaster Avenue, Ardmore, Ardmore Historic District, 17-34
12. TABLED - CERTIFICATE OF APPROPRIATENESS - 45 East Lancaster Avenue, Ardmore, Ardmore Historic District, 17-35
13. CERTIFICATE OF APPROPRIATENESS - 7 East Lancaster Avenue, Ardmore,
1 Ardmore Historic District, 17-36
14. HISTORICAL COMMISSION - 40 East Montgomery Avenue, Suburban Square, Ardmore, Class 2, 2017-R-20
15. HISTORICAL COMMISSION - 108 North Highland Avenue, St. Matthias Church, Bala Cynwyd, Class 2, 2017-R-21
16. TIME PERMITTING - AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - City Avenue District
17. TIME PERMITTING - CONSIDERATION OF REDISTRICTING OPTIONS
18. TIME PERMITTING - AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - Medical Marijuana
2 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW
Consider for recommendation to the Board of Commissioners approval of the release of funds held in escrow as Improvement Guarantees in accordance with Section 135-5 of the Township Code for the following:
843, 847 and 859 Old Lancaster Road Danley Escrow Release no. 9 $18,664.00
814 Yarrow Street Shipley School, Phase II Escrow Release no. 3, Final $32,016.00
225 Bala Avenue BMW of the Main Line Escrow Release no. 3, Final $49,118.00 PUBLIC COMMENT
ATTACHMENTS: Description Type Escrow Release Letters Backup Material
3 4 5 6 7 8 9 10 11 12 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR THE BRYN MAWR FARMERS’ MARKET
Consider for recommendation to the Board of Commissioners authorizing the Township Manager to enter into an agreement with Farm to City to continue Farmers’ Market Operations in Bryn Mawr through December 2018. PUBLIC COMMENT
ATTACHMENTS: Description Type Issue Briefing Issue Briefing Background Document Backup Material
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TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing Topic: Consider for approval authorizing the Township Manager to enter into agreement with Farm to City to continue the Bryn Mawr Farmers’ Market Operation Through December 2018 Prepared By: Eric Persson, Economic Development Specialist Date: October 20, 2017
I. Action to Be Considered by The Board: Approval of 2018 annual agreement for Farm to City (FtC) to operate a farmers’ markets in Municipal Lot 7 in Bryn Mawr.
II. Why This Issue Requires Board Consideration: The Township is authorized by the First Class Township Code (53 P.S. §56524) to establish, maintain and regulate markets and market places on public grounds and to contract with any person, firm, or corporation for the erection, maintenance, and regulation of market houses and market places. In order for the market to operate on property owned or under the control of the Township, the operation must be approved by the Board of Commissioners.
III. Current Policy or Practice (If Applicable): This farmers’ market has been annually approved to operate on this Township property since its inception in 2009. The Board of Commissioners reviews these agreements annually. The draft document had been updated to reflect the calendar for 2018, and closely follows the agreements previously approved for this market.
IV. Other Relevant Background Information: The Bryn Mawr Farmers’ Market has been managed by Farm to City (FtC) since its opening. Last year was the most successful operating season for this market.
The market’s weekly seasonal operation is proposed to begin in April and conclude in November. FtC would continue less than weekly market operations in Bryn Mawr on Saturdays for the remaining months in 2017. The market will continue to operate in a portion of the Municipal Parking Lot 7 nearest Lancaster Avenue. Currently, the estimated number of needed parking spaces would be up to fifty spaces. In case of inclement weather, FtC has previously agreed that Lower Merion Township has no obligation to FtC with respect to parking lot conditions during their use and operation.
V. Impact on Township Finances: The market pays a fee for the use of the metered spaces used in the lot. It has been the Township policy to charge three dollars per day/per meter for the Bryn Mawr market events conducted in Municipal Lot 7. Value-added producers are subject to the Business Privilege Tax.
VI. Staff Recommendation: Staff recommends that the Board approve this agreement for continuation.
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LICENSE AGREEMENT TO OPERATE A FARMERS’ MARKET
THIS AGREEMENT is made effective this _____day of ______, 2017, by and between FARM TO CITY, LLC, and ("Licensee") whose address is 1315 Walnut Street, Suite 1526, Philadelphia PA 19107 and TOWNSHIP OF LOWER MERION ("Township"), 75 E. Lancaster Avenue, Ardmore, PA 19003.
1. Background.
(a) Licensee recruits the following categories as participants of an outdoor farmers’ market (collectively herein “Producers”): i. farmers and growers ii. specialized producers of value-added food products
Licensee operates outdoor farmers’ markets limited to such Producers in various communities according to a set of rules controlling all aspects of market operations including products sold, vendor mix, public safety, sanitation, market aesthetics, municipal permits and taxes, and insurance.
(b) The Township is authorized by the First Class Township Code (53 P.S. §56524) to establish, maintain and regulate markets and market places on public grounds and to contract with any person, firm, or corporation for the erection, maintenance, and regulation of market houses and market places. The Township, through the Economic and Community Development Division of the Building and Planning Department, wishes to exercise these powers for the benefit and enjoyment of the general public and is entering into this license agreement in furtherance thereof.
(c) Licensee seeks to continue a Farmers’ Market Program in Lower Merion Township, to administer and oversee the operation of the Farmers’ Market during calendar year 2018. The market operations of Farm to City will be coordinated with a volunteer committee of Township residents. The parties have agreed to the terms and conditions set forth herein.
(d) The proposed location for the Farmers’ Market is a portion of Municipal Lot #7. This property is subject to a deed restriction limiting its use to the parking of automobiles and prohibiting its use for private gain or profit without the consent of the National Railroad Passenger Corporation (“Amtrak”). The parties agree that Amtrak’s consent is a condition precedent to the enforcability of this license agreement by either party. This deed restriction may limit the types of vendors that could be permitted under this agreement.
2. Obligations of the Parties. (a) Licensee will make application to the Township for a permit to establish a Farmers’ Market limited to Producers as defined above, to be held in a portion of Municipal Lot #7 at the corner of North Bryn Mawr Avenue and Lancaster Avenue, Bryn Mawr. The proposed market will be open only on Saturdays from
1 15 approximately 9am to 1pm, with additional time to allow setup prior to opening as well as clean up and tear down after each weekly event. The Licensee will strive to operate the Saturday market operatons throughout the year. However, it is anticipated that during the periods of January through April, 2018 and after Thanksgiving, 2018, the market operations may be conducted on a less than weekly basis. The determination will be made by the Licensee and communicated to the Township.
(b) Licensee will seek out and contractually arrange with local farmers and other Producers to participate in the market. It will make every effort to recruit at least six Producers, including at least one or two vegetable growers and a fruit grower. It will work with the Township to determine any community interest in specialized producers, such as a flower grower, bread maker or a cheese maker. Although Licensee will do its best to recruit Producers it cannot guarantee that it will secure commitments from them, or that, once recruited, all Producers will participate each Saturday. All products displayed at the market must be produced by the vendor who sells them or by a neighbor. For the purpose of this agreement, a Producer is considered to be a farmer, grower, baker, maker of homemade foods, arranger of dried or grown flowers produced by that maker, or otherwise enhance the value of a food product that is refined locally. Vendors must be full or part-time Producers of accepted products that are offered for sale at the market. It is understood that the Producers that participate do so to support their primary source of farming or production, and otherwise should not operate a retail storefront, provide substanial product line(s) for another purveyor or retailer, or serve as a third-party intermidary in order to sell merchandise not directly affilated with their primary farm or production.
(c) Farm to City can work with the Township and the volunteer committee to recruit volunteers from the community for on-site management of market operations on a weekly basis. Farm to City staff will train volunteers, oversee opening day operations, check on the market periodically, and be available for additional consultation.
(d) Licensee will establish rules requiring each Producer to provide a trash container and a broom. Each Producer will be responsible for cleaning the market site at the end of the market day; Producers must remove all refuse they generate at the market. Farm to City staff or the market manager(s) from the community will monitor and enforce sanitation rules.
(e) Licensee will apply for any necessary permits required by the Township or the Montgomery County Health Department to use the market space and operate the market. All scales will be certified by Montgomery County Department of Weights and Measures.
(f) Township’s sole responsibility will be to provide the physical space required to operate the Market. It is anticipated that this will require reserving up to 50 parking spaces for the Market operations. Licensee will work with the Township to determine the procedure for posting the market site and may be
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responsible for controlling the market area to prevent non-producer vehicles from entering the market area while the market is being set up, operating, and closing.
(g) Licensee will manage the market and enforce the Market Rules which have been developed by Licensee and are attached hereto as Exhibit “A.” Any material changes to the rules and procedures set forth in Exhibit “A” are subject to the prior written approval of Township.
(h) Licensee will be responsible for all signage and traffic controls necessary for Market operations and will adhere to the directions of the Lower Merion Police Department with respect to traffic controls. The Licensee recognizes that neither the Township nor Amtrak has any obligation to the Licensee with respect to parking lot conditions in case of inclement weather.
(i) The Licensee may post a banner sign, not to exceed 25 square feet, on the fence fronting Lancaster Avenue. The banner shall be maintained by the Licensee, and the Township shall have to right to order the removal of the banner if it is not properly maintained. This banner may be posted April, 2018 through Thanksgiving, 2018. During the periods when the market operations may be conducted on a less than weekly basis, the banner sign may be posted one week prior to operation, and then removed after the weekly operation has closed.
3. Term of Agreement.
This Agreement shall commence upon its execution by the parties and shall remain effective until the end of the 2018 calendar year.
4. Payment Terms/taxes.
(a) The Licensee will pay the Township a fee of $3 per day for each parking space dedicated for use by the Producers during the market operation. The Licensee will confirm the total number of spaces needed for the market season prior to the opening of the first market day. Any changes to the number of maximum parking spaces needed should not be done without prior written approval from the Township.
(b) The Licensee acknowledges that it is an entity doing business in the Township and as such is required to secure a Mercantile License before the first market day.
(c) The Licensee will file a Mercantile License and business tax return and pay that tax based on the daily fees collected from the Producers in order to attend and sell their products at the market.
5. Independent Contractor Status/Volunteers.
(a) The parties acknowledge and agree that Licensee is an independent contractor. Nothing in this Agreement shall be regarded as creating any relationship, whether as employer-employee, joint employer, as a joint-venture,
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partner or shareholder between the parties, other than as set forth herein as an independent contractor performing certain services. Neither this Agreement nor the services rendered hereunder shall result in Licensee being deemed an "employer" or similar party responsible for decisions affecting employees of Township under any federal, state or local law or regulation.
(b) Any personnel providing assistance at the event, other than Township employees, will be considered volunteers of the Licensee or Producers, not the Township or Amtrak.
(c) Licensee may elect to hire an assistant to the Licensee. Any such person shall be approved by the Township prior to his/her engagement. Licensee assumes all responsibility for compensating such person.
6. Compliance with Laws.
Licensee shall make its best effort to assure that all Producers comply with federal, state, county and local laws and regulations regarding the sale of food products.
7. Indemnification.
To the fullest extent permitted by law, Licensee will defend, indemnify and hold Lower Merion Township, Amtrak, its/their officers, elected and appointed officials, agents, representatives and employees harmless from any and all claims, damages, costs, including attorney’s fees, and liabilities of any kind arising out of the performance of Licensee's obligations under this Agreement and in conjunction with market operations; except to the extent such claims, damages, costs and liabilities result from the gross negligence or willful misconduct of the Township or Amtrak, its/their employees, representatives or agents. In no event shall Licensee be liable for lost profits. This obligation of Licensee to defend, indemnify and hold harmless Lower Merion Township, Amtrak, its/their officers, elected and appointed officials, agents, representatives and employees shall survive termination of this Agreement.
8. Insurance.
Licensee and each and every Producer recruited by Licensee pursuant to this Agreement, at no cost to Township, shall procure, provide, and deliver to Township and Amtrak and thereafter maintain in effect during the term of this Agreement, commercial general liability or farm liability insurance covering:
(a) Liability arising from premises and operations; (b) Liability arising from the actions of independent contractors; (c) Liability arising from products and completed operations; and (d) Contractual liability (including protection for the Licensee from bodily injury and property damage claims arising out of liability assumed under this Agreement).
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Lower Merion Township, Amtrak, and its/their officers, elected and appointed officials, agents, representatives and employees are to be named as additional insureds on such commercial general liability or farm liability insurance with respect to liability arising out of the farmers' market operations addressed in this Agreement. (Special Note for Insurance Representative: Such commercial general liability insurance required herein shall be endorsed with ISO form CG 2026 entitled “Additional Insured – Designated Person or Organization”. Furthermore, the schedule on the additional insured endorsement must properly reference Lower Merion Township and its elected and appointed officials, agents, representatives and employees.)
Such commercial general liability or farm liability insurance for bodily injury, personal and advertising injury and property damage including loss of use, shall be written for not less than the limits specified below or required by law, whichever is greater:
$ 1,000,000 each occurrence; $ 1,000,000 personal and advertising injury; $ 2,000,000 general aggregate; and $ 2,000,000 products/completed operations aggregate.
If Licensee or Operator has any employees, that party, pursuant to this Agreement, at no cost to Township, shall procure and thereafter maintain in effect during the term of this Agreement workers compensation insurance with statutory benefits as required by any state or Federal law, including standard "other states" coverage; employers liability insurance with minimum limits of:
$100,000 each accident for bodily injury by accident; $100,000 each employee for bodily injury by disease; and $500,000 policy limit for bodily injury by disease.
All required insurance coverages must be underwritten by insurers allowed to do business in the Commonwealth of Pennsylvania and acceptable to the Township. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A. M. Best Company, unless Township grants specific approval for an exception. The Township hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the State Workers’ Insurance Fund (SWIF) of Pennsylvania.
Said insurance shall be endorsed to provide that Township and Amtrak will be notified in writing by the insurer(s) at least thirty (30) days in advance of any cancellation or non-renewal. The providing of such insurance shall not be deemed a limitation on the liability of Licensee as provided in this Agreement, but shall be additional security therefore.
To the fullest extent permitted by law, the Licensee and each Producer and their employees, officers, volunteers, agents and representatives waive any right of recovery against Lower Merion Township, Amtrak, and its/their officers, elected
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and appointed officials, agents, representatives and employees for any and all claims, liability, loss, damage, costs or expense (including attorneys’ fees) arising out of the the farmers' market operations addressed in this Agreement. The Licensee and each Producer shall advise their insurers of the foregoing and such waiver shall be provided under Licenseee's and Producers' property and liability insurance policies. Further, the Township shall not be responsible for any loss or damage to property of Licensee or their vendors, invitees, employees, officers, volunteers, agents and representatives while such property is on, at or adjacent to the premises of the Township.
Insurance provided to the Township and its elected and appointed officials, agents, representatives and employees as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the Township and its elected and appointed officials, agents, representatives and employees shall be excess of and non-contributory with insurance provided to the Township and its elected and appointed officials, agents, representatives and employees as specified herein.
Licensee’s obligation is to inform Producers of these insurance requirements and to deny attendance at the market of any Producer who has not submitted to the Licensee the required proof of insurance.
9. Miscellaneous.
(a) Entire Agreement. This Agreement contains the entire understanding of the parties. The Agreement may not be changed orally, but only by a writing signed by both parties. All prior negotiations, discussions and agreements by and between the parties hereto with respect to such matters agreed to herein which are not reflected or set forth in this Agreement shall have no further force or effect.
(b) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions.
(c) Successors and Assigns. The rights and obligations of the parties hereto shall inure to the benefit of and shall be binding upon the successors and assigns of each of them; provided, however, that neither this Agreement nor any of the rights, interest or obligations hereunder shall be assigned by Licensee without the prior written consent of Municipality.
(d) Notices. Any notice required to be given under this Agreement shall be deemed given if it is in writing and sent either by regular mail, recognized overnight delivery service or by hand delivery, to the Township and/or Licensee, as the case may be:
If to Licensee : Robert Pierson Farm to City, LLC 1315 Walnut Street, Suite 1526 Philadelphia, PA 19107
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If to Township: Township of Lower Merion Ernie B. McNeely, Township Manager 75 East Lancaster Avenue Ardmore, Pa. 19003
If to Amtrak: National Railroad Passenger Corporation Real Estate Development 30th Street Station, 5th Floor SW Philadelphia, PA 19104
(e) Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
(f) No Third Party Beneficiary. Except as expressly provided for herein, nothing in this Agreement is intended to confer upon any person who is not a party hereto any rights or remedies of any nature whatsoever under or by reason of this Agreement.
(g) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date set forth above.
FARM TO CITY, LLC.
By: ______Robert Pierson, Member ATTEST
______TOWNSHIP OF LOWER MERION
By: ______Ernie B. McNeely, Township Manager ATTEST
______JODY L. KELLEY, Township Secretary
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EXHIBIT “A” (2018 Market Rules)
8 22 Farmers’ Markets Program Rules 2018 Season
Please read all market rules carefully and contact Farm to City if you have any questions. Violation of these market rules may result in reassignment of market position or loss of permission to sell in the market.
Registration: • Only producers from the Region – defined as Pennsylvania, New Jersey, Delaware, New York, and Maryland – are permitted to sell at Farm to City markets. • Producers must complete and submit to Farm to City an Application, a Product List if farmer or a Menu & Ingredient Chart if a value-added vendor. If accepted to one or more markets, producers must submit food safety forms and certificates of insurance.
Products: • Producer-only Rule: Producers may only sell crops or other farm products that they grow or produce themselves, unless exceptions are granted as described below. • Value-added products may be sold, provided that value-added producers use ingredients obtained from farms in the Region, as defined above. • Exceptions to the Producer-only Rule may be granted on a case-by-case basis if: o The product comes from in the Region, and no other producer grows and sells that product at the same market, and o The producer requests and is granted an exception at least a week before the proposed product’s start date, o The producer displays a sign clearly indicating who produced the product and where the exempted product was produced, and o The producer understands that he/she must stop selling the excepted product when a direct producer of that product enters the market.
Attendance: • Producers selling at Farm to City markets must attend each week between their start and end dates unless otherwise noted on their application or explained to the market manager at least a week in advance of the missed date. Producers who do not attend market consistently may lose their position at that market. • Producers must notify the market manager at least an hour before market opening time if they cannot attend due to circumstances beyond their control. Otherwise they will be charged a market fee for that week.
Market Hours: • Sales begin at the established opening time and not before. • Producers must arrive early enough so they are set up, all products are priced, and staff is ready to sell at the opening time. They must stay until the closing time unless previous arrangements have been made. Producers who are consistently late to market (2 times or more in a one month period) may lose their position at that market.
Space: • Farm to City assigns spaces at the market. • Displays must not limit the view or access of customers to other stands. • If space at market is limited, a space surcharge may apply if a producer requires space that is longer than one vehicle or parking space.
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Farm to City – 1315 Walnut St, Suite 1526, Philadelphia, PA 19107 – 215-733-9599 – [email protected] 23 Parking: • Where parking fees apply and Farm to City is unable to obtain a fee waiver, the producer is responsible for these fees. • Producers are responsible for any parking violations received. If a producer receives a parking ticket within the time and space allowed by the [applicable] Farm to City street closure permit for the market, the producer must provide ticket details within two business days to Farm to City so that we can send a letter to the Philadelphia Parking Authority to request ticket rescission.
Equipment: • Producers are required to bring their own supplies and equipment, including a canopy or pop-up tent. • Tents must have a white canopy, vertical legs (i.e. not splayed). FTC can waive the white canopy requirement for the first season for new producers who already own a non-compliant tent. (Also, see Policy on Securing Tents, under Public Safety.) • Scales used at market must be licensed.
Signs: • Producers must display a sign giving the name of the farm or business, nearest town, and state. • Producers must have signs listing the prices of every product offered for sale. • All signs must be in place before sales begin. • Products not produced by the Producer selling them must be clearly identified for the farm and farm location where they were produced.
Public Safety: Producer Responsibilities • Producers must exercise caution in parking vehicles and unloading, reloading, and leaving. • Producers must be sure that no objects belonging to them pose any danger to pedestrians, motorists, vehicles, or other property. • Policy on Securing Tents o Farm to City requires all producers to secure tents with weights or ropes to prevent accidents. This must be the first thing that is done, immediately after the tent(s) is set up. Vendors who do not come to market equipped with proper weights or ropes will not be allowed to set up a tent. o Weights: must weigh at least 25 lbs. each and be secured to each tent leg or where two legs meet. For one 10x10 tent, this means 4 weights, each weighing 25 lbs. or more. If you set up two adjacent 10x10 tents, one such weight can be used for two adjacent legs. o Weights must be securely fastened to tent legs. Dumbbells or other household items loosely tied to the leg are not acceptable. Simply laying a weight on the small “foot” of the tent leg is also not acceptable. In the event that any vendor’s tent is moved away from its original position or tipped over by the wind, and had not been secured as described above, that vendor will be barred from any further participation in Farm to City markets. o Ropes: vendors who choose to use ropes or straps to secure their tents must be confident in the ability of their system. Any vendor, whose tent is strapped down and is moved away from its original position or tipped over by the wind, will be barred from any further participation in Farm to City markets. o High winds: in the event of very high winds, Farm to City reserves the right to not allow vendors to set up tents or to take down tents after they have been set up. We also encourage vendors to use their own discretion to operate without tents if they judge conditions to be too windy. In our experience, if the forecast calls for winds reaching speeds of 15 mph or higher, then we must consider working without tents. o We strongly encourage each vendor to speak with his or her insurance agent to find out if his or her current liability coverage is adequate to cover the liability of an accident involving a tent at market.
Site Sanitation & Appearance: • Each producer must have a trashcan and a broom at the market. Philadelphia Law does not permit the use public trashcans near our market sites. • Producers must keep their stand area clean and attractive: plain table coverings, boxes and other containers placed out of view, and stands kept free of product residuals and other litter. • Producers must clean their stand and vehicle areas at the end of market and take all refuse with them. 2
Farm to City – 1315 Walnut St, Suite 1526, Philadelphia, PA 19107 – 215-733-9599 – [email protected] 24 • No smoking is allowed by any producer, or their employees within sight of any market stand. This is a citywide policy enforced by the Philadelphia Department of Public Health. • Playing music is only permitted during set-up before the market hours and during breakdown after the market hours. Playing music during the market hours is not allowed.
Market Management: • Farm to City is responsible for the operation, management, and administration of its farmers’ markets. Farm to City employees are authorized to make operational and administrative decisions including application, interpretation, and enforcement of these rules.
Organic Certification: • A farm claiming it offers certified organic products must submit a copy of its organic farm certification to Farm to City before its first day at market and thereafter when its certification is renewed. • Organic and non-organic produce must be clearly separated and labeled accordingly if offered for sale in the same display.
Inspections: • Farm to City reserves the right to visit any farm or production facility with advance notice and to inspect the production of crops or products sold at its markets. • In addition, we may request copies of all seed receipts for crops planted in 2017.
Sales Reports: • All producers must submit monthly reports listing sales, by week and market. • Farm to City provides sales report forms with monthly invoices, either electronically or by mail.
Market Fees: • Starting market fee is $35 per week per market for first-year producers and returning producers with average market day sales less than $1,000 per day in the previous year. • For producers with sales that average more than $1,000 per market per day during the previous year, the market fee is 3.5% of that average market day sales, not to exceed $70 per day. • The Schedule for payment is as follows: o Seasonally - Payment must be received by June 30th. Season payments receive a 5% discount for the market days included in the payment. o Monthly – Payment must be received within 15 days of monthly invoice date. If payment is not received within 60 days, the full balance must be paid before attending the next market. o Payment must be made by check and mailed to our office, or through PayPal. Payments will not be accepted at market sites. o Starting May 1, 2017, we will add a $5 late fee each month for market fees that are not paid on time. If we do not receive your payment within fifteen days of the date on market statements, we will add a $5 late fee to your account. Please remember that fees are known in advance and you can pay before we send the market statements by taking your fee per market times the number of days at the market in the month.
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Farm to City – 1315 Walnut St, Suite 1526, Philadelphia, PA 19107 – 215-733-9599 – [email protected] 25 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO INSTALL PLANTERS IN LANCASTER AVENUE RIGHT-OF- WAY IN BRYN MAWR
Consider for recommendation to the Board of Commissioners a request to locate planters in the public right-of way in Bryn Mawr in front of Kelly’s Taproom located at 1107 W. Lancaster Avenue. PUBLIC COMMENT
ATTACHMENTS: Description Type Issue Briefing Issue Briefing Rendering Backup Material
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TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing
Topic: Request to locate planters in Public Right-of Way in Bryn Mawr
Prepared By: Eric Persson, Economic Development Specialist
Date: October 25, 2017
I. Action To Be Considered By The Board:
Kelly’s Taproom (1107 W. Lancaster Avenue, Bryn Mawr) requests the Board of Commissioners approval of their request to install streetscape planters within the Right-of Way (ROW) of Lancaster Avenue.
II. Why This Issue Requires Board Consideration:
The Board of Commissioners must approve any improvements installed on Township property or in the ROW.
III. Current Policy Or Practice (If Applicable):
It is current policy that improvements within and along State maintained roads must be reviewed by the PA Department of Transportation (PennDOT) before any consideration would be provided by the Board of Commissioners. PennDOT was contacted about this proposed location and found no issues with the proposal.
IV. Other Relevant Background Information:
The owners of the property are proposing to place up to five (5) planters in front of their property along Lancaster Avenue. Each planter will be a minimum 18 inches from curb face, three feet from any access valves; and allowing at least four feet clearance for ADA accessibility.
The proposed plan was forwarded to the Public Works Department and the Traffic Safety Division of the Police Department to review locations for any safety or obstruction issues. The planters will not be permanently installed, but rather placed on the sidewalk. Once filled with soil and water, the planters will be several hundred pounds in weight, but still retain the ability to be repositioned if needed, by reducing the weight prior to repositioning. The owners would be responsible for installation, plants, watering and future maintenance.
V. Impact on Township Finances:
The planters will be purchased and maintained by the owners of the property. There is no impact on Township Finances.
VI. Staff Recommendation:
Staff recommends approval of the request to install these planters. 27 28 AGENDA ITEM INFORMATION
ITEM: EXTENSION REQUEST - 39-41 E. Montgomery Avenue & 108 Glenn Road, Ardmore, LD# 3765
Consider for recommendation to the Board of Commissioners extending the time frame within which a Preliminary Plan application must be submitted to the Township, through May 18, 2019. PUBLIC COMMENT
ATTACHMENTS: Description Type Applicant's Request Backup Material
29 30 31 AGENDA ITEM INFORMATION
ITEM: CONDITIONAL USE APPLICATION - 104 W. Lancaster Avenue, Ardmore, CU# 3780C
Consider for recommendation to the Board of Commissioners approval of a conditional use request to:
1. Provide a window head height of 14’-17’9” above the sidewalk along the W. Lancaster and Ardmore Avenue elevations, where Zoning Code Section 155-87.25.C.2(f)(2) requires window heads to be 9-12 feet above the sidewalk; 2. Not use a type of brick that is of a shape, color and texture as found within the adjacent district as required by Zoning Code Section 155-87.25.C.2(j); 3. Use tan brick, a prohibited color, in Zoning Code Section 155-87.25.C.2(j); and 4. Not articulate walls with less than 25% clear windows with two or more of the following, as required by Zoning Code Section 155-87.25.C.2(e): 1. Details in masonry courses; 2. The provision of blank window openings trimmed with frames, sills and lintels; 3. If the building is occupied by a commercial use, recessed or projecting display window cases.
Expiration Date: 11/16/2017...... Zoning: ASDD-1/MUST
Applicant: Justin Hopkins Applicant's Representative: George Broseman, Esquire, Kaplin Stewart Property Owner: Lancaster Western Properties, LP
The Hearing Officer's recommendation is attached. PUBLIC COMMENT
ATTACHMENTS: Description Type Hearing Officer's Recommendation Backup Material
32 BEFORE THE CONDITIONAL USE HEARING OFFICER LOWER MERION TOWNSHIP, MONTGOMERY COUNTY PENNSYLVANIA
CU Application #3780C
RECOMMENDATIONS FOR FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This conditional use application was filed by Lancaster Western Properties, L.P. seeking approval to deviate from architectural concepts and designs which differ from the design and architectural design standards of the Mixed Use Special Transportation District pursuant to Code
§155-87.25.C.3. A Conditional Use Hearing was held on September 18, 2017 before the
Conditional Use Hearing Officer.1
1. The Applicant is Lancaster Western Properties, LP by its member Justin Hopkins
(“Applicant”).
2. The Applicant’s attorney is George W. Broseman, Esq. (“Broseman”) of Kaplin
Stewart.
3. The Applicant is the title owner of five contiguous parcels of land: 104, 108, 114
& 120 W. Lancaster Avenue, Lower Merion Township comprising a total of 0.84 acres
(collectively referred to as the “Property”). It is located at the intersection of West Lancaster and
Ardmore Avenues.
4. The Property is in the Ardmore Special Development District (“ASDD-1”) and is subject to the overlay Mixed Use Special Transportation District (“MUST”) Code §155-87.20 et seq.
1 The Conditional Use Hearing Officer is authorized to conduct the hearing pursuant to Code §155-141.2.A.5.
33 5. The Property has had many uses and structures in the past, but one lot is currently improved with a building used as a car wash. The greater portion of the lots is vacant land used as a surface parking lot.
6. The Applicant proposes a five-story mixed use building with a footprint of
27,268 square feet and containing retail and residential uses. Retail uses will be located on the ground floor and second floor, and 35 apartment units will be located on the third, fourth and fifth floors. It is currently undergoing the land development approval process.
7. This conditional use application concerns the Applicant’s request to deviate from the development design standards of the MUST District, pursuant to Code §155-87.25.c.3. In lieu of the required façade elements, the Applicant proposes modifications that take elevation differentials into account and complement the adjacent district.
8. The Board of Commissioners may authorize deviations from the development design standards of the MUST by conditional use approval, pursuant to Code §155-87.25.c.3.
9. The Lower Merion Planning Commission reviewed the conditional use application on September 11, 2017 and recommended approval with conditions.
10. The Conditional Use Hearing Officer conducted a public hearing on September
18, 2017.
11. Andrea Campisi (“Campisi,”) Senior Planner at the Lower Merion Township
Building and Planning Department, offered five (5) documents into evidence that were admitted into the record:
a. Proof of publication of the hearing notice (Exhibit T-1);
b. Lower Merion Township staff memo dated 9/8/17 (Exhibit T-2);
34 c. Lower Merion Planning Commission recommendations and conditions of approval dated 9/11/17 (Exhibit T-3);
d. Map of Exterior Brick Facades by Color (Exhibit T-4);
e. Architectural renderings labeled A2.1 and A2.2 (Exhibit A-5).
12. The Applicant offered ten (10) documents in support of its conditional use application that were admitted into the record:
a. Conditional Use application (Exhibit A-1);
b. Tentative Sketch Land Development Approval Letter (Exhibit A-2);
c. Preliminary Land Development Cover Letter (Exhibit A-3);
d. Preliminary Land Development Plans (Exhibit A-4);
e. Kevin Kaminski, R.A. CV (Exhibit A-5);
f. Photographs of Site and Surrounding Areas (Exhibit A-6);
g. Elevations (Exhibit A-7);
h. Memo Summarizing Code Compliance (Exhibit A-8);
i. Material Matrix (Exhibit A-9);
j. Brick samples in Township (Exhibit A-10).
13. Broseman, representing the Applicant, testified that conditional use approval is sought for alternative designs which deviate from the prescribed architectural design standards in the MUST District and then he presented one witness for testimony.
14. Kevin Kaminski (“Kaminski,”) a principal of Kaminski + Pew and a registered architect in the Commonwealth of Pennsylvania, testified for the Applicant. He has a bachelor of architecture degree and has practiced architecture for thirteen (13) years. Kaminski is the project architect and prepared plans and elevations for the proposed mixed-use building, (Ex. A-4 and
A-7.)
35 15. Kaminski described existing site conditions as a flag shaped parking lot with W.
Lancaster Avenue at the north end and the Ardmore Post Office and Tired Hands Brewery at south end. The highest point is the west side of the Property near the carwash and IHOP. The grade slopes downward 1’6” toward the south (Tired Hands) and 3’ toward the east (Bryn Mawr
Trust). Surrounding buildings may be characterized as traditional downtown toward the east and as strip mall structures toward the west. Proposed improvements include a five-story mixed-use building with two floors of retail, three floors of residential and 87 parking spaces2.
16. Kaminski testified the proposed building design is targeted to meet a wide array of concerns. It has a harmonious façade and two retail “piers” to lift the façade. Cast stone will be used on lower floors with retail uses. The upper floors with residential units will have cast stone piers interspersed with dark and light brick. The dark brick will connect with the glazing.
Awnings over windows on the first floor will visually lower window head heights. The building includes community space, a green roof and uses stormwater management practices.
17. Some architectural concepts and designs in the proposed building differ from development design standards for the MUST because of site conditions, according to Kaminski, but nonetheless meet the legislative intent of the district.
18. Proposed window head heights are 14.6 and 17.9 feet above the sidewalk along
West Lancaster and Ardmore Avenue, whereas MUST architectural design standards prescribe window heads at nine to twelve feet above sidewalk level, see Code §155-87.25.C.2.f. Kaminski explained that higher window head heights are necessary because the building needs to maintain consistent window head height even though the site slopes downward toward the east (toward
Bryn Mawr Trust) and south (toward Tired Hands). The parking entrance from W. Lancaster
2 28 surface parking spaces; 56 underground parking spaces and 3 on street parallel parking spaces.
36 Avenue, near the IHOP, establishes the ground floor window head height, which is carried horizontally across the building going east with declining grade. Awnings over windows will give the appearance of lower window head heights. The MUST architectural design standard specifying 50% clear windows on the ground floor, Code §155-87.25.C.2.d, also creates a need for higher window head heights, Kaminski testified. Additionally, retail tenants prefer light and space from higher window head heights. Moreover, the truck loading area on the south side of the building requires access higher than the prescribed height of nine to twelve feet.
19. Light-colored brick appears on the facade of the proposed building, however tan brick is specifically prohibited as an exterior wall material in the MUST District, Code §155-
87.25.C.2.j. Kaminski described the light-colored brick as “buff” rather than tan, and pointed out buff brick is limited to small parts of the upper residential floors within cast stone piers (See, Ex.
A-9 and A-7, sheet A2.1). It will be used on five sections of the façade facing Lancaster Avenue and one section of the facade facing Ardmore Avenue. (Ex. A-9). Kaminski also testified that light-colored, tan brick, stone and stucco has been frequently used as a finish material on buildings in the adjacent districts, as shown in a chart of finish materials in the neighborhood,
Ex. A-10. He explained that buff brick is complimentary to the color of cast stone on the lower floors and piers. He selected a light/dark contrast to dematerialize the building and add depth to the façade.
20. Campisi testified that red-orange brick is most prevalent in the adjacent neighborhoods, but tan brick is also prevalent. Tan limestone/terracotta/stucco is also common.
She submitted into the record a map of the surrounding neighborhood by exterior brick colors
(Exhibit A-4). She testified code states “exterior wall material may include (….) brick of a shape, color or texture as found within the adjacent district” see, Code §155-87.C.2.j.
37 21. Two proposed façades do not articulate walls with less than 25% clear windows with details in masonry courses and/or frames, sills and lintels, as required by Code §155-
87.25.C.2.e. Kaminski testified these are non-primary facades facing west and south which will be largely obscured from public view if new structures are built on adjoining lots. Cast stone piers mirror the primary facades and contain different types of masonry and granite bases. This design is similar to the façade of the Bryn Mawr Trust building, see Ex. A-6. It has been recommended by the Planning Commission, see Ex. T-3.
22. Kaminski testified that proposed alternative designs are in furtherance of the legislative intent of the MUST district. The facades on W. Lancaster and Ardmore Avenues will complement the walkable street front with awnings and plantings contextually suitable to the neighborhood. Buff and charcoal brick materials will be reflective of the time when the building was built and also a reference to the past. Large windows with clear glass at street level will enhance the pedestrian experience while meeting retail tenant needs for large window heights.
23. Julia Foster, co-owner of 16 Ardmore Avenue where Tired Hands Brewery is located, asked questions about the location, size and width of the south facing exterior wall.
Kaminski responded that the wall is 18 inches thick. She asked about truck access areas and
Kaminski pointed out where trucks will load and unload next to the south facing exterior wall,
Ex. A-7. Foster asked why red brick wasn’t chosen for the building facades. Kaminski responded that red brick isn’t contextually appropriate and the surrounding neighborhood has several limestone facades, a similar light color. Looking at Exhibit A-7, A0.0, Foster asked what building is shown in the lower left side of the drawing. Kaminski answered it depicts the apartments next to the Bryn Mawr Trust building, across Ardmore Avenue. Broseman showed
Foster a photo marked Ex A-6k and asked what it depicts. Foster testified the photo shows the
38 Tired Hands Building. Broseman asked Foster if the façade contains painted brick to which she responded yes, but that the brick was painted prior to her ownership of the property.
24. Broseman gave concluding remarks that minor deviations from architectural design standards are permitted by conditional use in furtherance of the legislative intent of the
MUST District. He also noted that mixed use real estate development is preferred and encouraged in this district pursuant to the MUST District general goals and objectives. The south elevation of the proposed building needs car and truck clearance for practical reasons, necessitating higher window head heights and less ornamentation. Broseman concluded that façade materials break up massing and contain themes from the adjacent district.
APPLICABLE ORDINANCES
25. Lower Merion Township’s MUST District was established as an overlay district to encourage the development of transit-supportive mixed-use neighborhoods that foster economic viability, pedestrian activity and a sense of community. It recognizes the importance of public transit as a viable alternative to the automobile by permitting appropriate densities and a mix of land uses within walking distance of transit stops, while at the same time, providing sufficient off-street parking to uses both within and adjacent to the MUST.” Code §155-
87.20.A.1
26. Lower Merion Township’s MUST District is intended to “allow development that decreases auto dependency and mitigates the effects of congestion and pollution. The regulations create accessible neighborhoods and promote and protect the health, safety and general welfare of the citizens of Lower Merion Township.” Code §155-87.20.A.2.
27. General goals and objectives of the MUST District, enumerated in Code §155-
87.20.B include the following special purposes:
39 (1) Encourage mixed-use real estate development oriented to rail station, transit stops and that promote transit ridership; (2) Promote well-integrated residential, commercial, office and civic development in close proximity to local and regional transit stations that have an urban scale development pattern; (3) Support new development that include diverse pedestrian-compatible, higher density, transit-friendly designs and expands economic development opportunities and minimizes distances between destinations by requiring linked sidewalks and pedestrian-oriented access; (4) Provide incentives for the creation of mixed uses in keeping with the character, scale and architecture of the neighborhood, while using development guidelines to promote compatibility of uses and stimulate pedestrian activity. (…)
28. Development design standards for the MUST District codified in Code §155-87.25 have the explicit purpose of requiring pedestrian oriented buildings and requiring building entrances to be oriented toward streets, sidewalks and/or public accessways. Windows must facilitate views into and out of buildings. The statutory intent is to:
(a) Provide convenient, direct and accessible pedestrian access to and from public sidewalks and residential and commercial uses; (b) Provide safe, pleasant and enjoyable pedestrian experience by connecting activities between buildings in the MUST District and within a structure to the adjacent sidewalk; (c) Promote the use of pedestrian and mass transit modes of transportation to access residential and commercial facilities.
Code §155-87.20.A.1.a,b,c.
28. New buildings in the MUST District “may be either traditional in their architectural character or be a contemporary expression of traditional styles and forms, thus respecting the scale, proportion, character and materials of structures within a five-hundred-foot radius,” Code §155-87.20.A.2.
29. Architectural design standards in the MUST District ensure the size and proportions of new buildings relate to the scale of the existing structures, especially at street level. The first three stories of new buildings must relate to the street level heights of existing buildings. The architectural features of the vertical and horizontal façade character of new
40 buildings must relate to the setback established by the surrounding existing buildings, Code
§155-87.25.C
30. The Board of Commissioners may, by conditional use, approve the use of architectural concepts and designs that differ from those set forth in the Design Development
Standards if the Applicant demonstrates to the satisfaction of the Board that such designs and standards are in furtherance of the legislative intent of this article and this subsection, Code §
155-87.25.C.3.
31. The Applicant for conditional use approval must also comply with general requirements found in Code §155-141.2, excerpted in pertinent part as follows:
Conditional Use Procedure and Standards (…) B. The Board of Commissioners may grant approval of the listed conditional use under any district, provided that the following standards and criteria are complied with by the applicant for the conditional use. The burden of proving compliance with such standards shall be on the applicant. 1. The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the community development objectives as stated in Article I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought. 2. The applicant shall establish by credible evidence compliance with conditions for the grant of conditional uses enumerated in that section which gives the applicant the right to seek a conditional use. 3. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall preserve the character of the neighborhood. 4. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. 5. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval is properly designed with regard to internal circulation, parking, buffering and all other elements of proper land planning. 6. The applicant shall provide sufficient plans studies or other data to demonstrate compliance with the regulations for the permitted use or such regulations as may be the subject of consideration for a conditional use approval.
41 7. The Board of Commissioners shall impose such conditions as are advisable to ensure compliance with the purpose and intent of this chapter which may include without limitation planting and buffers, harmonious design of buildings, protection of watercourses, environmental amenities, and the elimination of noxious, offensive or hazardous elements.
C. Standards of proof.
1. An applicant for a conditional use shall have the burden of establishing both:
a. That his application for a conditional use falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and b. That allowance of the conditional use will not be contrary to the public interest.
2. In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will:
a. Adversely affect the public health safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics.
(…)
e. Otherwise adversely affect the public health, safety, morals or welfare.
3. In all cases the applicant’s burden of proof shall include the burden of persuading the Board by credible evidence that the applicant has satisfied the criteria set forth in Subsection C(1)(a) of this subsection. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsection C(2) of this subsection or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C(2) of this subsection, the applicant’s burden of proof shall include the burden of persuading the Board by credible evidence that the allowance of a conditional use will not be contrary to the public interest with respect to the criteria so placed in issue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
32. The Applicant seeks to install window heads heights that exceed the nine to twelve-foot maximum above sidewalk level allowed by Code §155-87.25.C.f.2.
42 33. The Applicant has established through credible evidence that compliance with this section of the Code would result in disjointed, uneven appearance of window head heights given the property’s varied topography. Window heads varying heights between 14 and 17’9” will take the slope of the land into account and result in better aesthetics, pedestrian experience and light in retail spaces. Moreover, evidence was presenting showing there is a preference in today’s retail environment for more spacious first floor heights. Taller window head heights are also tied to the MUST District requirement for a minimum of 50% clear glass area on the ground floor façade and the change in grade. Moreover, awnings will make the window head heights appear lower. Lastly, the proposed building’s window head heights are similar in scale, proportion, character and materials of the Bryn Mawr Trust building located across Ardmore Avenue, meeting the design development standard set forth in Code §155-87.25.A.2.
34. The Applicant proposes to use “buff” colored brick with conditional use approval, if necessary, because tan brick is specifically prohibited as an exterior wall material in the MUST
District by Code §155-87.25.C.2.j. Buff brick depicted in Ex. A-9 appears similar to tan brick, although lighter in tone. The Applicant’s Architect testified buff brick will be used in small areas of the upper floors combined with charcoal brick to aesthetically “dematerialize’ the upper floors so they appear less bulky, see Code 155-87.25.C.2.c.(the massing of all buildings shall be deemphasized in a variety of ways (…) to reduce their apparent overall bulk and volume (…).
Kaminski also presented evidence of similar light-colored brick, stone and stucco finishes being prevalent on buildings in adjacent districts as shown in chart Ex. A-10, which accords with
Campisi’s testimony and Exhibit T-4. It is recommended that the Board find that buff brick is acceptable as it is used as a secondary material and should be permitted to be used as shown in plans.
43 35. The proposed design has exterior walls with less than 25% clear windows that the
Applicant seeks to not articulate with two or more of the following: details in masonry courses; blank windows trimmed with frames, sills and lintels; or recessed or projecting display case windows, as required per Code §155-87.25.C.2.e. The Applicant presented evidence showing the non-primary west façade (facing IHOP) will be largely obscured from public view if new infill development occurs in the future. The non-primary south façade (facing Tired Hands Brewery) will have some visibility. The Planning Commission approved the alternative design proposed by the Applicant. Lower Merion Township Staff recommends “cast stone material be carried along all four elevations rather than transitioning to stucco so as to provide a unified design since all elevations will be visible from portions of the right of way,” see Ex. T-2 at p. 3. Staff also recommends that the “stucco inset portions include lintels, similar to those utilized on the faux window,” Id. Staff’s recommendation is based on “assisting the proposed building to relate to adjacent structures (especially at street level) which is an intent of MUST design standards.”
Conditional use approval with the applicable conditions noted in the staff memo is recommended, see Ex. T-2.
36. The Applicant has adequately demonstrated that approval of the conditional use is consistent with and promotes the relevant purposes of the MUST District contained in Code
Section 155-87.20 et seq. The Applicant has worked with its Architect and Township Staff, to provide a coordinated development that meets the requirements for the MUST District except for minor deviations from a few design standards. Moreover, relief from development design standards will not adversely affect the public health, safety and welfare specifically with respect to drainage, light, noise, air quality, natural features of the land and neighborhood aesthetic characteristics.
44 37. The Applicant has complied with the general standards for conditional use approval contained in Code §155-141.2 (B)(2), supra. Some of these general standards overlap with specific standards found in Code §155-87.25 et seq. while compliance with all general standards has been assured through reviews by Township Staff (Ex. T-2) and the Lower Merion
Planning Commission (Ex. T-3).
38. The Applicant has demonstrated granting the conditional use shall preserve the character of the neighborhood through the testimony and documentary exhibits in compliance with Code §155-141(B)(3). The proposed development is in keeping with pedestrian oriented design and respects the scale, proportion, character and materials of structures within a five- hundred-foot radius, see Code §155-87.25.A.2.
39. The proposed development shall be serviced by existing public service systems, pursuant to Code §155-141(B)(4). The peak traffic generated by the proposed development shall be accommodated in a safe and efficient manner. The Township Engineer has reviewed the
Applicant’s traffic study and the Applicant has agreed to comply with his recommendations.
Moreover, the proposed development is designed to encourage people to park their cars and walk in the MUST district rather than drive.
40. The proposed development has been properly designed with regard to internal circulation, parking, buffering and other elements of proper land planning, pursuant to Code
§155-141(B)(5), see Preliminary Land Development Plans (Ex. A-4).
41. Sufficient plans, studies and other data showing compliance with the regulations for the permitted use have been submitted to Township Staff, the Township Engineer, the Lower
Merion Planning Commission and the Hearing Officer pursuant to Code §155-141(B)(6),
45 42. The Applicant has agreed to comply with any condition which may be imposed by the Board of Commissioners and accepted by the Applicant in compliance with Code §155-
141(B)(7).
DISCUSSION
43. The south-west corner of West Lancaster Avenue and Ardmore Avenue is an important location in the MUST District and Ardmore in general. It is a prominent spot at the intersection of two major thoroughfares improved by Lower Merion Township a few years ago.
It is also the transition point on W. Lancaster Avenue from a car-oriented strip mall to the west along Lancaster Avenue to traditional downtown architecture to the east. To fulfill the goals of the MUST District, the structure built on this site should fit into a transit-supportive mixed -use neighborhood and foster economic viability, pedestrian activity and foster a sense of community.
Moreover, a new contemporary building, such as the one proposed by the Applicant, should contain an “expression of traditional styles and forms, thus respecting the scale, proportion, character and materials of structures within a five-hundred-foot radius,” Code §155-87.20.A.2. T
44. The proposed building provides an aesthetic and functional bridge between vastly different neighborhoods on opposite sides of the site, while also meeting standards for new development incentivized in the MUST District. It is well-integrated, mixed-use development in keeping with the character, scale and architecture of the neighborhood. It will stimulate pedestrian activity, provide transit-friendly design, expand economic development opportunities and introduce higher density, which are specific goals and objectives of the MUST District,
Code§155-87.20.B.
45. A few architectural features differ from development and architectural design standards contained in Code, but the Applicant has shown the legislative intent of the MUST
District is respected by the proposed alternatives. The declining slope of the topography, for
46 example, will not permit an aesthetically pleasing façade if windows head heights are no more than twelve-feet tall to strictly comply with Code. Delivery truck bays necessitate relief from
Code with regard to the south facing, non-primary façade’s window head height and articulation.
Small sections of buff brick in the exterior walls are harmonious with larger sections of cast stone on lower floors and help deemphasize the mass of the upper floors. It also visually relates to the immediate neighborhood and adjacent district. In light of these benefits, it seems reasonable to approve a small amount of buff brick even though tan brick is prohibited by Code.
46. Granting conditional use approval to deviate from select design standards will result in better appearance and function than if Code were rigorously required. Overall, this proposed land development appears to correspond with the legislative intent of the MUST District. For the reasons set forth above, the following Order is recommended to the Board of Commissioners.
ORDER
AND NOW on this ___ day of November , 2017, the application of Lancaster Western
Properties, LP for conditional use approval to XXX of the Zoning Code of the Township of
Lower Merion is granted, subject to the following conditions:
1. The applicant shall provide awnings and control glare from the windows as presented in the elevations at the hearing.
2. The applicant may use charcoal brick as presented in the elevations at the hearing provided that the piers on the southern and western elevations are constructed of cast stone rather than stucco.
3. The applicant may use buff brick as presented in the elevations at the hearing.
4. The applicant shall remove the lintels and faux windows from the southern and western elevations.
5. The applicant shall provide foundation plantings to soften the transition between the sidewalk and the building and to reinforce the human scale of the design.
47 6. The applicant shall carry the proposed cast stone along all four elevations rather than transitioning to stucco to provide a unified design since all elevations will be visible from portions of the public way.
7. The inset portions of stucco shall include lintels.
This grant of Conditional Use approval is based on the documents and plans submitted in support of the application, all of which are specifically incorporated herein by reference thereto.
By: Pamela M. Loughman, Esq. Conditional Use Hearing Officer Township of Lower Merion
48 AGENDA ITEM INFORMATION
ITEM: PRELIMINARY LAND DEVELOPMENT PLAN - 104, 108, 114 & 120 W. Lancaster Avenue, Ardmore, Ward 4
Consider for recommendation to the Board of Commissioners approval of a Preliminary Land Development Plan showing the consolidation of four existing parcels; construction of a new, five-story mixed-use building with a 27,268-square foot footprint containing 32,000 square feet of retail space on two levels and 35 apartments on the upper stories; construction of an underground parking garage and one level of at-grade parking located below and behind the building to provide a total of 84 on-site parking spaces; and construction of an underground stormwater management system.
Expiration Date: 11/16/2017...... Zoning: ASDD-1/MUST
Applicant: Justin Hopkins Applicant's Representative: George Broseman, Esquire, Kaplin Stewart Property Owner: Lancaster Western Properties, LP
On Monday, November 6, 2017 the Planning Commission recommended approval subject to the following conditions:
Township Engineer:
1. The Township Engineer’s review letter dated October 26, 2017 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with the conditions of approval set forth below. With respect to comment B-30, the applicant may provide an indemnity satisfactory to the Township to allow the Final Plan to be recorded.
Traffic & Circulation:
2. The applicant shall fund adaptive signal technology at the intersection of Ardmore Avenue and Lancaster Avenue unless denied by Penn DOT. shall be fitted with adaptive technology to mitigate the impact of the development. If Penn DOT does not permit the single intersection to be fitted with the adaptive technology, In which event the funds for the installation shall be deposited with the Township to use as part of a future Township or Penn DOT project to adapt several adjacent intersections with the technology.
3. If the adaptive signal technology is installed, a A post-development study shall be performed to evaluate and optimize traffic signal phasing and timing at Lancaster Avenue & Ardmore Avenue and optimization timing changes shall be performed if/as directed by the Township Engineer and approved by Penn DOT.
4. Larger dDelivery vehicles (e.g. SU-30 or larger) shall not access the site during peak site traffic hours that include 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. on weekdays and 11 a.m. to 1 p.m. on Saturday. The applicant shall provide a plan for delivery schedules and trash pick-up and shall propose a plan to minimize any light and sound trespass on residences. Loading after 10 p.m. shall only take place from
49 Lancaster Avenue.
5. The applicant shall continue to work with staff on the pavement treatment of the proposed curb cut on Ardmore Avenue.
6. The applicant shall work with the Township to install parking meters for the on-street parking spaces along Lancaster Avenue to encourage turnover of the spaces.
7. The applicant shall investigate providing a pedestrian “shelter area” in the striped crosswalk within the surface parking area underneath the building to improve pedestrian safety.
8. Penn DOT permits shall be obtained for all stormwater work in the right-of-way of Ardmore Avenue. Maintenance responsibilities for the storm sewer extension located in the Penn DOT right-of-way shall be assumed by the property owner. An agreement clarifying the maintenance responsibilities that is subject to the approval of the Township Solicitor shall be executed prior to recording the Final Plan.
Future Employees:
9. To reduce the need for parking on the site, the applicant shall propose financial incentives to employees of the store and the residential tenants to not park a car on the site.
10. The applicant shall make a good faith effort to hire future employees from the local community, including regularly informing local community groups of employment opportunities.
Parking:
11. The plan shall be revised to indicate that no more than the minimum number of parking spaces needed to satisfy Code parking requirements for the project shall only 69 parking spaces are being designated from nearby adjacent municipal parking lots. This shall be determined prior to recording the Final Plan.
12. The applicant shall eliminate the three proposed on-street parking spaces on Lancaster Avenue and shall work with staff to create a sustainable street tree design.
13. The number of parking spaces required by the Zoning Code shall not be encumbered by any easments.
14. The applicant shall restripe/refurbish the existing crosswalks at the following locations: · The intersection of Ardmore and Lancaster Avenues; · The intersection of W. Athens Avenue and the Ardmore House driveway; and · The intersection of Ardmore Avenue and School Lane.
15. The applicant shall continue to work with staff to ensure that appropriate wayfinding signage is provided.
16. The applicant shall continue to work with staff and SEPTA on the design of the bus shelter.
17. The applicant shall continue to work with staff on the design of the bicycle racks.
18. The applicant shall investigate ways to incentivize and promote the use of multi-modal transportation to access the site.
50 19. The applicant shall participate in an Ardmore Parking and Circulation Working Group, to be comprised of Ardmore residents and business owners within the Ardmore Commercial District and staff from the Township’s Traffic Safety Division, Planning Division and Parking Services Department. The group shall meet regularly to identify potential pedestrian safety and access improvements and continue to refine the parking strategies in Ardmore to ensure parking management is optimized.
20. The applicant shall investigate the installation of signage at the entrance of the below-grade garage identifying the number of available parking spaces to reduce the number of customers circulating through the site looking for available parking spaces.
21. The applicant shall work with the Township to display the locations of public parking lots in Ardmore to reduce the possibility that customers and residents will utilize on-street parking spaces located on residential streets.
Store Operations:
22. The applicant shall ensure that no shopping carts leave the premises and no shopping carts shall be displayed on the public sidewalks.
Landscape/Streetscape:
23. The applicant shall work with staff to provide a dynamic streetscape plan that is consistent with utilizing the Greening Standards found in the Subdivision & Land Development Code and is subject to the approval of Township staff to include seating opportunities and seasonal plantings in large planters to be placed strategically along the streetscape.
24. The applicant shall coordinate with the Township on the style of all proposed street furniture including benches, trash cans, tree grates, and bicycle racks to ensure the design is reflective of the Ardmore streetscape.
25. Window planters shall be provided along the Lancaster Avenue & Ardmore Avenue facades in the upper story residential floors.
26. The applicant shall provide a maintenance and operations plan for the streetscape and landscaping elements.
27. The branching height of the street trees shall be increased to eliminate the potential for conflicts with signage, trucks and pedestrians
28. The applicant shall work with staff to ensure the maximum number of street trees are provided on-site without inhibiting vehicular and pedestrian visibility.
29. The applicant shall continue to work with staff on the selection of tree species and ground plantings to ensure that site conditions, such as salt tolerance, are considered.
30. If any plantings required by the Natural Features Code are shown to be placed on the roof garden, they shall be included in the maintenance and operations plan.
31. The applicant shall work with staff to provide locally adaptive native species in the planting plan where feasible.
32. A revised landscape plan complying with the applicable portions of the Natural Features Code Sections 101-9 and 101-5B and conditions herein and shall be prepared and sealed by a Registered Landscape Architect
51 and submitted with the Final Plan.
Stormwater Management:
33. The plan shall be revised to provide continuous profiles for the storm sewer extension along with the location of the hydraulic gradient. Feasibility and non-interference with existing utilities shall be clearly demonstrated.
34. Details of the storm sewer manhole, frame and cover shall be revised to conform to Township standards. They shall clarify the storm manhole design for those in the right-of-way and for those on private property.
35. Additional design information is required to be provided on the seepage bed detail. The material, thickness of walls, thickness of top and the size/location of reinforcing shall be provided. Dimensions shall be added to clarify and define the limits of the structure. Calculations shall be provided which document the structural stability of the design.
Rear Easement:
36. The applicant shall continue to work with staff to provide landscaping, pavement markings, signage and site circulation cues in the rear alley.
Utilities & Construction Details:
37. A construction schedule shall be submitted with the Final Plan.
38. The applicant shall submit a parking plan with the Final Plan detailing where construction vehicles will be parked. The plan shall be subject to the approval of the Township prior to the issuance of any permits.
39. All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street. This includes personal vehicles operated by construction workers, material suppliers, product vendors, and all construction trades engaged in the project.
40. A fill material stockpile location shall be provided.
41. Test pits shall be performed as necessary to verify actual field locations of existing utilities in conflict with the proposed extension and ensure feasibility of installation.
Standard Conditions of Approval:
42. An outdoor lighting plan, sealed by a responsible design professional that includes illuminance patterns shall be submitted to and approved by the Director of the Building and Planning Department prior to issuance of any permits. The location, luminaire type, wattage, means of control and pole height shall be indicated. Lighting shall be designed to minimize the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties. Exterior luminaires shall be full cut-off unless it can be demonstrated that cut-off luminaires are more appropriate and will result in less off-site light trespass.
43. The lighting plan shall be designed to comply with the 2009 IECC or the 2007 ASHRAE Standard 90.1.
44. The plans submitted with the building permit shall document the required recreation area or the applicant shall pay a fee for any required recreation area not provided. The fee shall be submitted at the time the building permit is submitted.
52 45. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.
46. The Final Plan, complying with all applicable conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of approval of the Preliminary Plan by the Board of Commissioners.
47. If required by a Township Public Safety Agency, all new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems at the exterior of the building.
48. Any changes to the approved plans shall require the submission of an as-built plan prior to the issuance of a Certificate of Occupancy. Building and Planning staff can waive this requirement if the changes are determined to be insignificant.
49. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).
50. The owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.
51. The owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.
52. The property owner(s) shall comply with all applicable federal, state, county, local and Lower Merion Township ordinances and laws regardless of specific mention herein.
In addition, the Planning Commission recommended approval of the following relief:
Natural Features Code Section 101-9, to provide the minimum required planting standards off-site to the extent that if they cannot be accommodated on-site. Subdivision & Land Development Code Section 135-30, to not meet the spacing requirements for shade trees and provide any required shade trees off-site if to the extent that they cannot be accommodated on-site. Stormwater Management Code Sections 121-4A(1b) & 121-6D(6), to not provide document the required during construction peak rate runoff control. Stormwater Management Code Sections 121-4B(2d)51 and 121-4b(2d)2, to not provide infiltration on the subject site due to the lack of percolation of the soils demonstrate that the required seepage bed empties the Rev volume within four (4) days. PUBLIC COMMENT
ATTACHMENTS: Description Type
53 County Review Letter Backup Material
54 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 VALERIE A. ARKOOSH, MD, MPH, CHAIR NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., Vice Chair 610-278-3722 FAX: 610-278-3941• TDD: 610-631-1211 JOSEPH C. GALE, COMMISSIONER WWW.MONTCOPA.ORG
Jody L. Holton, AICP
EXECUTIVE DIRECTOR
August 28, 2017
Mr. Christopher Leswing, Assistant Planning Director Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003
Re: MCPC #14-0037-003 Plan Name: Ardmore Avenue Mixed Use Building (1 lot/35 du and 32,000 sq. ft. retail on approximately 0.84 acres) Situate: Ardmore Avenue (W); Lancaster Avenue (S) Township of Lower Merion
Dear Mr. Leswing:
We have reviewed the above‐referenced subdivision and land development in accordance with Section 502 of Act 247, "The Pennsylvania Municipalities Planning Code," as you requested on July 31, 2017. We forward this letter as a report of our review.
BACKGROUND
The applicant, Lancaster Western Properties, LP, proposes to consolidate six lots on the southwestern corner of Lancaster Avenue and Ardmore Avenue and demolish the existing structures. A mixed use building is proposed to be constructed with a total of 32,000 square feet of retail space on the 1st and 2nd floors and a total of 35 apartment units on the 3rd, 4th, and 5th floors. Additional improvements shown at this time include a total of 84 parking spaces (28 at-grade parking spaces and 56 underground parking spaces).
The proposed development of this site as a pharmacy was reviewed in a previous review letter dated March 28, 2014. Subsequently, a tentative sketch plan for a mixed-use development was reviewed in a review letter dated January 26, 2017.
55 Mr. Christopher Leswing - 2 - August 28, 2017 Asst. Planning Director
The property is located in the Township’s ASSD1 – Ardmore Special Services District; however, the developer proposes to develop the site under the Mixed Use Special Transportation (MUST) zoning overlay which applies to commercially-zoned properties within 1,500 feet of the Ardmore Train Station.
RECOMMENDATION
The Montgomery County Planning Commission (MCPC) generally supports the applicant‘s proposal. However, in the course of our review we identified the following issues that we feel should be addressed prior to moving forward with the land development. Our review comments are as follows:
REVIEW COMMENTS
PREVIOUS REVIEW LETTER COMMENTS
We commend the applicant for addressing several of the comments in our previous review letter dated January 26, 2017, including proposed traffic controls at the driveway locations, the addition of a bus shelter on Lancaster Avenue, and the incorporation of bike parking.
VEHICULAR CIRCULATION
Previous versions of the site plan showed a 43-foot wide depressed curb along Ardmore Avenue associated with a driveway ramp to the underground parking and an adjacent driveway to the at-grade parking from Ardmore Avenue. The current version of the site plan indicates that the driveway ramp to the underground parking has been relocated to the interior of the site. Therefore, the 43-foot wide depressed curb along Ardmore Avenue should be reduced so that it is more properly sized for the single driveway now shown off of Ardmore Avenue. The reduction in width of the proposed depressed curb would also create additional space along the Ardmore Avenue frontage of the site for street trees and other streetscape amenities.
The truck turning templates provided on Sheet 22 show delivery vehicles needing to exit the site via a circuitous route through the adjacent property and down West Athens Avenue to Ardmore Avenue. We feel that additional improvements may be needed to the off-site truck route to ensure large vehicles can safely exit the site, however, we defer to the Township Engineer to determine if adequate turning space is provided.
HANDICAPPED PARKING
The two handicapped parking spaces shown on the current site plan have been shifted closer to the driveway off of Lancaster Avenue than was shown on previous site plans. We encourage the applicant to evaluate alternate locations for the handicapped parking spaces so that people loading and unloading wheelchairs are further away from the exit and entrance driveways.
56 Mr. Christopher Leswing - 3 - August 28, 2017 Asst. Planning Director
OFF-SITE PARKING
The applicant is proposing to provide nearly half of the required parking spaces off-site in public parking areas as provided for in the MUST – Mixed Use Special Transportation zoning district overlay. We encourage the applicant to continue to coordinate with the Township to determine whether any additional pedestrian safety or wayfinding signage improvements need to be implemented to ensure the off-site parking can be safely and efficiently used by employees and visitors to the site.
CONCLUSION
We wish to reiterate that MCPC generally supports the applicant’s proposal to construct a mixed use building; however, we feel that more information is needed to ensure that the off-site parking will be safely accessible to pedestrians.
Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality.
Should the governing body approve a final plat of this proposal; the applicant must present the plan to tour office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files.
Sincerely,
Marley Bice, AICP, Senior Planner 610-278-3740 – [email protected]
c: Lancaster Western Properties, LP, Applicant Bohler Engineering, Applicant’s Engineer Gilbert P. High, Jr., Esq., Twp. Solicitor Ernie B. McNeely, Twp. Manager Edward P. Pluciennik, P.E., Twp. Engineer
Attachment A: Reduced Copy of Applicant’s Plans Attachment B: Aerial Image of Site
57 Mr. Christopher Leswing - Attachment A - August 28, 2017 Asst. Planning Director
58 Mr. Christopher Leswing - Attachment B - August 28, 2017 Asst. Planning Director
59 AGENDA ITEM INFORMATION
ITEM: TABLED - PRELIMINARY OPEN SPACE SUBDIVISION PLAN - 1010 Spring Mill Road, Villanova, Ward 6, SD# 3751
Consider for recommendation to the Board of Commissioners approval of a Preliminary Open Space Preservation Subdivision Plan prepared by Momenee and Associates, Inc. dated April 20, 2015, last revised September 14, 2017, showing the subdivision of the existing 12.8 acre lot into four (4) new lots and the creation of 8 acres of preservation area. The following conditions shall be complied with prior to recording the Final Plan by means of plan revision, completion or financial guarantee, unless specifically exempted.
Applicant: George Broseman, Esquire, Kaplin Stewart Applicant's Representative: George Broseman, Esquire, Kaplin Stewart Property Owner: David Hoffman
Expiration Date – 11/30/17…………...... Zoning – RA/OSPD/HROD
PUBLIC COMMENT
60 AGENDA ITEM INFORMATION
ITEM: TENTATIVE SKETCH PLAN - 206, 210 & 216 Bala Avenue & 5, 7 & 9 N. Highland Avenue, Bala Cynwyd, Ward 9, LD# 3792
Consider for recommendation to the Board of Commissioners approval of a Tentative Sketch Plan prepared by Yohn Engineering, LLC dated July 10, 2017, last revised September 15, 2017 showing the demolition of all existing buildings, consolidation of five lots to create a 57,939-sq. ft. (1.33 acre) lot, construction of a new five- story mixed-use building with a 35,551-square foot footprint containing 6,650 square feet of ground floor retail along Bala Avenue and 86 apartments. The proposal includes two levels of structured parking accessed from vehicular driveways from Bala Avenue and N. Highland Avenue. The applicant shall comply with the following conditions on the Preliminary Plan.
Expiration Date – 11/30/2017…….....………...... …....Zoning – CAD-BV District
Applicant: Ken Aaron, Weir Partners Applicant's Representative: Ken Aaron, Weir Partners Property Owner: CP Acquisitions 27 LLC
On Monday, October 2, 2017 the Planning Commission recommended approval subject to the following conditions:
Township Engineer’s Review:
1. The Township Engineer’s review letter dated September 22, 2017 shall be incorporated by reference into these conditions of approval.
Public Walkways:
2. The applicant shall investigate providing a verge along the frontage of the property at 202 Bala Avenue to create a consistent streetscape.
Architectural Elevations/Site Design:
3. Architectural elevations of all sides of the proposed building shall be submitted with the Preliminary Plan, including the proposed materials. The applicant shall provide a chart to demonstrate compliance with the Architectural Design Standards in Zoning Code Section 155-219.F.4.
4. A Design Manual as required by Zoning Code Section 155-219.F.2 shall be provided with the Preliminary Plan.
5. The mean grade of the structure shall be calculated and shown on the Preliminary Plan. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.
Landscape Plan:
61
6. The applicant shall comply with the Greening Standards in Subdivision & Land Development Code Section 135-41.4.
7. The landscape plan shall demonstrate how views of parking and exterior loading areas will be buffered from any adjacent street or sidewalk with landscaping or the loading area shall be located within the building footprint.
7. The applicant shall consider making some of the impervious surface in the gathering area porous pavement.
8. A landscape plan complying with Natural Features Code Section 101-9 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Preliminary Plan.
Traffic, Circulation & Easement Access:
9. The applicant shall explore alternative loading locations including access through Hardie Way.
10. Adequate maneuverability for passenger cars and delivery/service vehicles shall be documented. The radii at the driveway access/egress shall be labeled on the plans.
11. One car share space shall be provided as required by Zoning Code Section 155-217.D.6.b.
12. The number of bicycle storage spaces shall be provided on the Preliminary Plan.
Construction Details & Coordination:
13. The following details shall be provided for any proposed retaining walls: · Calculations for wall heights exceeding four (4’) feet. · Top and bottom of wall elevations; and · Certification by a civil engineer of any retaining walls to remain.
14. A full reveal and depressed granite curb detail shall be provided on the Preliminary Plan. The length of depressed curb at the driveways shall be dimensioned on the plan.
15. A fill material and topsoil stockpile location shall be provided on the Preliminary Plan.
16. Erosion control measures shall be provided on the Preliminary Plan. The proposed construction access locations shall be indicated. Details that conform to township standards shall be shown. Certification attesting to the completeness shall be provided on the Erosion Control Plan.
17. A note shall be added to the plan indicating that the Township Engineer shall be notified 48 hours prior to the installation of the seepage bed and prior to the start of earthmoving activities.
18. Sidewalk and curb shall be noted on the plan to be repaired/replaced at the direction of the Township. Existing granite curb shall be indicated on the plan and shall be installed as directed by the Township.
19. Details of the concrete apron and sidewalk shall be provided on the Preliminary Plan and shall conform to Township standards.
Utilities:
62 20. The size, material, and slope of the proposed sanitary lateral shall be shown and the design shall comply with Township standards. Separate permits/approvals shall be obtained by the applicant.
21. The location of all proposed utility services shall be provided on the Preliminary Plan.
22. The location of existing storm sewers shall be provided on the Preliminary Plan including the size, slope, and material of all storm sewers within two hundred (200’) feet of the property.
Standard Plan Conditions:
23. The address of 202 Bala Avenue shall be removed from the title block as it is not part of the development.
Standard Conditions of Approval:
24. The applicant shall demonstrate with the Preliminary Plan how the recreation area requirement will be met.
25. Per Chapter 92 of the Township Code, since the proposed residential building is proposed to have more than 45 units, an on-site manager shall be provided.
26. A lighting plan shall be submitted with the Preliminary Plan. The location, luminaire type, wattage, pole height and illumination patterns shall be indicated. The lighting shall be designed to reduce the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties.
27. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.
28. The Preliminary Plan, complying with all applicable conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Tentative Sketch Plan approval by the Board of Commissioners.
29. Approval of this Tentative Sketch Plan does not ensure that the developer or the owner can ultimately develop the property as shown on the plan. The proposed development’s compliance with various Township ordinances, including but not limited to the Natural Features Conservation Code shall not be determined until the applicant submits a Preliminary Plan for Township approval.
30. The owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.
31. The owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.
32. The property owner(s) shall comply with all applicable federal, state, county, local and Lower Merion Township ordinances and laws regardless of specific mention herein. PUBLIC COMMENT
ATTACHMENTS:
63 Description Type Montgomery County Planning Commission Review Letter Backup Material
64 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION
VALERIE A. ARKOOSH, MD, MPH, CHAIR MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., Vice Chair 610-278-3722 FAX: 610-278-3941• TDD: 610-631-1211 JOSEPH C. GALE, COMMISSIONER WWW.MONTCOPA.ORG
Jody L. Holton, AICP
EXECUTIVE DIRECTOR
August 28, 2017
Mr. Christopher Leswing, Assistant Planning Director Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003
Re: MCPC #17-0177-001 Plan Name: NOBA – 206-212 Bala Ave & 5-9 N. Highland Ave (1 lot/86 du and 6,650 sq. ft. commercial on approximately 1.33 acres) Situate: Highland Ave (N); Bala Ave (W) Township of Lower Merion
Dear Mr. Leswing:
We have reviewed the above-referenced tentative sketch plan as you requested on July 26, 2017. We forward this letter as a report of our review.
BACKGROUND
The applicant, CP Acquisitions 27, LLC, proposes to consolidate seven parcels located at 206 through 212 Bala Avenue and 5 through 9 North Highland Avenue to create an approximately 1.33 acre lot. All existing structures are proposed to be demolished and a 5-story mixed-use building with 86 dwelling units and 6,650 square feet of commercial space is proposed to be constructed. Additional improvements shown at this time include 112 parking spaces provided on two levels, an outdoor roof deck and courtyard, bike storage, underground stormwater management facilities, and an approximately 9,700 square foot public gathering space off of North Highland
65 Mr. Christopher Leswing - 2 - August 28, 2017 Asst. Planning Director
Avenue. The property is located in the Township’s CAD -BV – City Avenue District – Bala Village zoning district.
RECOMMENDATION
The Montgomery County Planning Commission (MCPC) generally supports the applicant‘s proposal. However, in the course of our review we identified the following issues that we feel should be addressed prior to moving forward with the land development. Our review comments are as follows:
REVIEW COMMENTS
LOT CONSOLIDATION
The tentative sketch plan sheets submitted at this time do not appear to show the parcels proposed to be developed as consolidated. Future submissions should include lot consolidation or subdivision plans
ZONING ORDINANCE COMMENTS
A. Maximum Side Yard Setback. Section 155-219.C.(3) of the Township’s zoning ordinance requires a maximum side yard setback of 15 feet, which can be extended to 25 feet for a vehicular driveway. The northern frontage of the proposed building appears to be greater than 15 feet from the side yard property line closest to Hardie Way, and it is unclear from the information provided what this space will be used for.
B. Loading Zone. An 8-foot by 40-foot area along the North Highland Avenue frontage of the site is labeled as a “Loading Zone” on Sheet 1. Section 155-219.C.(2)(e) of the Township’s zoning ordinance prohibits loading/unloading zones at or in front of the building.
C. Off-Site Transportation Improvement. The table labeled “NoBA Total FAR Calculation” on Sheet 1 lists an FAR bonus for Off-Site Transportation Improvement (OSTI). Future versions of the plans should include information about the proposed Off-Site Transportation Improvement (OSTI) and how it will comply with the requirements of §155-219.E.(7).
D. Greening Standards. Future versions of the plans should demonstrate how the applicant proposes to comply with the greening standards, as required by §155-219.C.(6) of the Township’s zoning ordinance.
E. Development Design Standards. Future versions of the plans should demonstrate how the applicant proposes to comply with the development design standards, as required by §155- 219.F. of the Township’s zoning ordinance.
66 Mr. Christopher Leswing - 3 - August 28, 2017 Asst. Planning Director
PUBLIC GATHERING SPACE
An approximately 9,700 square foot public gathering space is shown on the lot currently located at 9 North Highland Avenue. Although the conceptual designs provided for this space incorporate attractive elements such as landscaping, bistro tables, and a shade canopy, we feel that the somewhat isolated location and dead-end linear nature of the public gathering space as shown will not serve the Bala Village commercial area as successfully as a public gathering space with direct access from Bala Avenue would.
We encourage the applicant to work with the Township to explore alternate locations for the public gathering space that would encourage safe pedestrian access and use by the public. For example, §155-219.C.(2)(g) allows the build-to line to be extended an additional 20 feet where public gathering space is provided between the build-to line and the building entrance. Therefore, the applicant could consider pushing the building further back from Bala Avenue to create a public gathering space that is more closely integrated with Bala Avenue. Alternatively, an attractive pedestrian courtyard that is directly accessible from Bala Avenue could be integrated into the proposed commercial frontage.
VEHICULAR CIRCULATION
Future versions of the plans should include a truck circulation template demonstrating how large vehicles such as trash trucks and emergency vehicles will safely access the site.
STREETSCAPE DESIGN
Sheet 1 of the submitted plans shows a 15.4-foot wide sidewalk along the Bala Avenue frontage of the site and an 8-foot wide sidewalk along the North Highland Avenue frontage of the site. No street trees or planter areas appear to be provided within the sidewalk area. The addition of street trees, raised planter areas, and other landscaping could have the effect of softening the appearance of the proposed large structure, creating an inviting pedestrian realm, and helping to manage stormwater management on-site.
In general, future versions of the plans should include a landscape plan demonstrating compliance with the Township’s landscaping requirements, including the provision of street trees along both the Bala Avenue and North Highland Avenue frontages.
CONCLUSION
We wish to reiterate that MCPC generally supports the applicant’s proposal to construct a mixed use building along Bala Avenue, however, feel that incorporating additional landscaping and relocating the proposed public gathering space so that it has direct pedestrian access from Bala Avenue could serve to create a more attractive development that is more closely integrated to the larger Bala Avenue commercial area.
67 Mr. Christopher Leswing - 4 - August 28, 2017 Asst. Planning Director
Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality.
Should the governing body approve a final plat of this proposal, the applicant must present the plan to our office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files.
Sincerely,
Marley Bice, AICP, Senior Planner 610-278-3740 – [email protected]
c: CP Acquisitions 27 LLC, Applicant Yohn Engineering LLC, Applicant’s Engineer Gilbert P. High, Jr., Esq., Twp. Solicitor Ernie B. McNeely, Twp. Manager Edward P. Pluciennik, P.E., Twp. Engineer
Attachment A: Reduced Copy of Applicant’s Site Plan Attachment B: Aerial Image of Site
68 AGENDA ITEM INFORMATION
ITEM: CERTIFICATE OF APPROPRIATENESS - 5-7 West Lancaster Avenue, Ardmore, Ardmore Historic District, 17-32
Consider for recommendation to the Board of Commissioners approval to install a new fabric awning at the former Ego Salon.
On November 7, 2017, the HARB recommended approval of this application. PUBLIC COMMENT
69 AGENDA ITEM INFORMATION
ITEM: CERTIFICATE OF APPROPRIATENESS - 9 East Lancaster Avenue, Ardmore, Ardmore Historic District, 17-33
Consider for recommendation to the Board of Commissioners approval to:
1. Add a new storefront window to the façade facing Station Road; 2. Replace the corner door with single-light aluminum double doors.
On November 7, 2017, the HARB recommended approval. PUBLIC COMMENT ADDITIONAL INFORMATION:
A window with transom had been present at the proposed location but was filled in with brick and concrete block with an air conditioning unit above. The appearance of the new window would replicate that of the other windows with transoms on the façade. The present corner entrance was a single door with side lights.
70 AGENDA ITEM INFORMATION
ITEM: CERTIFICATE OF APPROPRIATENESS - 25-27 West Lancaster Avenue, Ardmore, Ardmore Historic District, 17-34
Consider for recommendation to the Board of Commissioners approval to:
1. Install dimensional letter signage in the sign band and gooseneck lights; and 2. Replace rear doors facing the public parking lot and install an ADA-compliant ramp with railing from the lot to the rear door.
On November 7, 2017, HARB recommended approval. PUBLIC COMMENT ADDITIONAL INFORMATION:
The storefront renovations are consistent with recommendations in the Ardmore Storefront Design Guidelines.
71 AGENDA ITEM INFORMATION
ITEM: TABLED - CERTIFICATE OF APPROPRIATENESS - 45 East Lancaster Avenue, Ardmore, Ardmore Historic District, 17-35
Consider for recommendation to the Board of Commissioners approval to:
1. Renovate the first floor façade of the former VFW; and 2. Replace existing second floor double-hung vinyl windows in kind.
On November 7, 2017, HARB voted to table the application. PUBLIC COMMENT ADDITIONAL INFORMATION:
Non-original plywood paneling is being replaced with storefront glass and reconstructed cornices designed to match historic precedent as shown in photographs.
72 AGENDA ITEM INFORMATION
ITEM: CERTIFICATE OF APPROPRIATENESS - 7 East Lancaster Avenue, Ardmore, Ardmore Historic District, 17-36
Consider for recommendation to the Board of Commissioners approval to:
1. Replace the clock on the corner of the building with a sign installed at a 45-degree angle; 2. Install a glass awning on the front elevation; 3. Install fabric awnings on the Station Avenue side of the building; and 4. Alter the Lancaster Avenue-facing ramp to the main entrance to include a waiting area elevated from the sidewalk.
On November 7, 2017, HARB recommended approval of the awnings, based on Standards 9 and 10. Details for fasteners for all elements attaching to the limestone façade of the building shall be provided. The other elements were tabled pending further review. PUBLIC COMMENT
73 AGENDA ITEM INFORMATION
ITEM: HISTORICAL COMMISSION - 40 East Montgomery Avenue, Suburban Square, Ardmore, Class 2, 2017-R-20
Consider for recommendation to the Board of Commissioners approval of the expansion and screening of a cooling tower and boiler room on the roof of the building.
On Monday, October 23, 2017 the Historical Commission recommended approval of the application, with a previous subcommittee for this project to review the final color selection, and with staff to facilitate any issues with color selection beforehand if possible.
Please note that though the decision was unanimous, a quorum of Historical Commission members was not present. PUBLIC COMMENT ADDITIONAL INFORMATION:
These elements had not been presented as aspects of the project when it was reviewed for facade and signage earlier this year. Although construction is nearly complete, the Commission was asked for advice on material selection and possible screening of these two roof elements.
74 AGENDA ITEM INFORMATION
ITEM: HISTORICAL COMMISSION - 108 North Highland Avenue, St. Matthias Church, Bala Cynwyd, Class 2, 2017-R-21
Consider for recommendation to the Board of Commissioners approval to install a ramp leading to the front door of the former convent building of St. Matthias Church.
On Monday, October 23, 2017 the Historical Commission recommended approval of the application, with a subcommittee of the full Commission to review railings, lighting, finish and color of stucco, type of stone to be used as paving on the steps and landing, configuration of railings, and the impact of the new construction on the existing cheek walls and stairs. If the applicant and subcommittee cannot come to an agreement, the applicant may return to the full Commission for review.
Please note that though the decision was unanimous, a quorum of Historical Commission members was not present. PUBLIC COMMENT ADDITIONAL INFORMATION:
The convent building was built ca. 1940.
75 AGENDA ITEM INFORMATION
ITEM: TIME PERMITTING - AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - City Avenue District
Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise notice of intent to hold a public hearing and adopt an ordinance on December 20, 2017 to amend the Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXXV, City Avenue District, §155-217, City Avenue District: Regional Center Area, §155-217C(1) to limit the 10% building area increase to mixed-use buildings; To amend §155-217C(6) to limit the 10% impervious surface increase to mixed-use buildings; To amend §155-217C(9) to limit the 0.1 floor area ratio increase to mixed-use buildings; To amend §155-217D(3) to allow a parking reduction for mixed-use buildings only; To amend §155-217E to limit floor area ratio density increases to mixed-use buildings only; By reference to limit floor area ratio density increases in the Bala Cynwyd Retail District to mixed-use buildings only; By reference to allow a parking reduction for mixed-use buildings only in the Bala Cynwyd Retail District; And to permit the Board of Commissioners by conditional use to approve a second curb cut/driveway on the street frontage of a lot in the City Avenue District – Regional Center Area (RCA) in order to facilitate a shared parking arrangement. PUBLIC COMMENT
ATTACHMENTS: Description Type Issue Briefing Issue Briefing Proposed Ordinance Ordinance
76 TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing
Topic: Ordinance to Amend City Avenue District – Regional Center Area
Prepared by: Christopher Leswing, Director, Building & Planning Department
Date: November 1, 2017
I. Action To Be Considered By The Board:
Consider for recommendation to the Board of Commissioners authorization to advertise and hold a public hearing on December 20th, and consider for adoption an ordinance to amend the Zoning Code to revise the City Avenue District – Regional Center Area (RCA) to remove incentives for single-use development, including single-use buildings developed as part of a multiple-use development, and to allow a second curb cut/driveway by Conditional Use to facilitate a shared parking arrangement. The amendments also apply to the Bala Cynwyd Retail District (BCR) as the bulk requirements refer back to the RCA standards.
II. Why This Issue Requires Board Consideration:
The Board of Commissioners must adopt Zoning Code amendments in compliance with the Pennsylvania Municipalities Planning Code.
III. Current Policy Or Practice (If Applicable):
Not applicable.
IV. Other Relevant Background Information:
The City Avenue District RCA and BCR offer 18 incentives relating to parking, impervious surface and various bulk standards. The incentives are offered in exchange for elements that advance the goals and objectives of the district and provide some element of public benefit. Six (6) of the incentives are available exclusively to mixed-use buildings or multiple use developments. The remaining 12 incentives could be applied to single-use buildings. A full list of incentives is provided in Table 1 at the end of this memo.
The RCA District limits the number of curb cuts to one per street frontage to foster a pedestrian-friendly environment. A variance from the Zoning Hearing Board is required to allow additional curb cuts.
In light of recent land development applications involving primarily single-use, 1
77 residential buildings, staff has been directed to review the use of incentives in the City Avenue District. Since 2010, three large single-use apartment buildings comprised of a total of 503 units have been proposed in the Regional Center Area and the Bala Cynwyd Retail District. All three applications involved infill development, wherein the existing buildings on the site remained. During this period, no new office development and minimal retail development has been proposed. Each of the residential development applications used some level of incentive as illustrated in Table 1 on the following page. Additionally, conceptual plans have been submitted for 9 Presidential Boulevard and other developers and large landholders have expressed an interest in developing their properties in the City Avenue District.
The developments at the Bala Cynwyd Shopping Center (121 E City Avenue) and the Mack-Cali property (150 Monument Road) were both considered multiple-use developments as the existing retail and office buildings remained on the property. The development at 150 Monument Road also included a stand-alone parking structure with ground floor retail along Monument Road. Multiple-use developments include two or more buildings on one or more lots and may include single-use structures; however, no single use may occupy more than 80% of the total floor area of the buildings. The proposed amendment would limit the application of the incentives to mixed-use buildings.
The shared parking arrangements encouraged in the City Avenue District have not been realized. The proposed amendment to allow a second curb cut by conditional use when it facilitates a shared parking arrangement is intended to advance the goal of encouraging the development of shared parking.
V. Impact on Township Finances:
This ordinance will have no impact on Township finances.
VI. Staff Recommendation
Staff recommends the Board of Commissioners authorize a public hearing in December to obtain public comment on the proposed ordinance. If authorized, the Board will also consider whether to adopt this ordinance at their December meeting after receiving public comment.
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78 Table 1: City Avenue District: Regional Center Area and Bala Cynwyd Retail Area Incentives
Application of Incentives
Proposed Amendment to Limit Application to
Code Mixed-Use
335 Righters Ferry Rd Ferry 335Righters Ave 121City E Section Requirement Incentive Qualifying Element Buildings 150Rd Monument Incentives available to Multiple-Use Developments under existing zoning 10% Mixed-Use Building or Multiple 1 155-217C(1) Building Area Increase Use Development Y N N N Impervious 10% Mixed-Use Building or Multiple 2 155-217C(6) surface Increase Use Development Y Y N NC Base Floor Area 0.1 FAR Mixed-Use Building or Multiple 3 155-217C(9) Ratio Increase Use Development Y Y N N Parking Mixed-Use Building or Multiple 4 155-217D(3) Parking reduction Use Development (Peak Hour) Y Y N Y Mixed-Use Building or Multiple 155- Parking Use Development where parking 5 217D(3)(b) Parking reduction is provided below-grade Y N N N Mixed-Use Building or Multiple This section is 0.05 FAR Use Development that provides redundant and will 6 155-217E(4) Floor Area Ratio Increase an off-site traffic improvement be removed N N N Incentives available to Single-Use Developments under existing zoning 0.15 7 155-217E(1) Floor Area Ratio Increase Public Gathering Space Y Y Y N 0.15 Aggregation of Public Gathering 8 155-217E(2) Floor Area Ratio Increase Space Y N N N Residential single-use or mixed- use where primary use is 9 155-217E(3) Floor Area Ratio 0.1 Increase residential Y Y Y N 0.18 10 155-217E(5) Floor Area Ratio Increase Structured Parking Y Y Y N 155- 11 217E(6)(a) Floor Area Ratio 0.5 Increase Underground Parking Y N Y N 155- 0.25 12 217E(6)(b) Floor Area Ratio Increase Wrapped Parking Y N N N 155- 0.05 13 217E(7)(a) Floor Area Ratio Increase Transit Facility Improvements Y N N N 155- 0.15 14 217E(7)(b) Floor Area Ratio Increase Transit Facility: On-site bus stop Y N N N 15 155-217E(8) Floor Area Ratio 0.1 Increase Historic Preservation Y N N N 0.15 16 155-217E(9) Floor Area Ratio Increase Public, multipurpose pathway Y Y Y N 0.2 - 0.77 155- Cumulative 17 217E(10) Floor Area Ratio Increase Off-site Traffic Improvement Y N N N 20 feet further from Public Gathering Space or This incentive will 18 155-217C(2) Build-to-Line curbline outdoor dining remain in place. Y NA N
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79
AN ORDINANCE
NO. ______
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 155, Entitled Zoning, Article XXXV, City Avenue District, §155-217, City Avenue District: Regional Center Area, §155-217C(1) To Limit The 10% Building Area Increase To Mixed-Use Buildings; To Amend §155-217C(6) To Limit The 10% Impervious Surface Increase To Mixed-Use Buildings; To Amend §155-217C(9) To Limit The 0.1 Floor Area Ratio Increase To Mixed-Use Buildings; To Amend §155-217D(2) and §155- 217D(3) To Allow A Parking Reduction For Mixed-Use Buildings Only; To Amend §155-217E To Limit Floor Area Ratio Density Increases To Mixed-Use Buildings Only; By Reference To Limit Floor Area Ratio Density Increases In The Bala Cynwyd Retail District To Mixed-Use Buildings Only; By Reference To Allow A Parking Reduction For Mixed-Use Buildings Only In The Bala Cynwyd Retail District; And To Permit The Board Of Commissioners By Conditional Use To Approve A Second Curb Cut/Driveway On The Street Frontage Of A Lot In The City Avenue District – Regional Center Area (RCA) In Order To Facilitate A Shared Parking Arrangement.
The Board of Commissioners of the Township of Lower Merion hereby ordains:
Section 1. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXXV, City Avenue District, § 155-217, City Avenue District: Regional Center Area (RCA), subsection C, Dimensional standards, paragraph (1), Building area, paragraph (6), Impervious surface, and paragraph (9), Floor area ratio (FAR), are hereby amended to provide as follows:
§ 155-217. City Avenue District: Regional Center Area (RCA)
C. Dimensional standards.
(1) Building area. The building area shall be limited as follows:
(a) Single-use buildings or multiple-use developments. The building area is limited to 50% of the net lot area.
(b) Mixed-use buildings or multiple-use development. The building area is limited to 60% of the net lot area.
* * * * * * *
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(6) Impervious surface. The impervious surface shall be limited as follows:
(a) Single-use buildings or multiple-use developments. The impervious surface is limited to 60% of the net lot area.
(b) Mixed-use buildings or multiple-use developments. The impervious surface is limited to 70% of the net lot area.
* * * * * * *
(9) Floor area ratio (FAR).
(a) Subject to the following sentence, tThe FAR in the RCA, in the area south of St. Asaphs Road, as shown on Map 3, shall not exceed 0.6 (60% of lot area) for single-use buildings or multiple-use developments and 0.7 (70% of lot area) for mixed-use buildings or multiple-use developments. Total FAR with density increases as set forth in § 155-217E hereof may not exceed FAR 1.75 (175% of lot area). Floor area of aboveground or below- ground parking structures are not included in FAR calculations.
(b) Subject to the following sentence, tThe FAR in the RCA in the area north of St. Asaphs Road, as shown on Map 3, shall not exceed 0.6 (60% of lot area) for single-use buildings or multiple-use developments and 0.7 (70% of lot area) for mixed-use buildings or multiple-use developments. Total FAR with density increases as set forth in § 155-217E may not exceed FAR 1.5 (150% of lot area), except where a 1.75 FAR is shown on Map 3. Floor area of aboveground or below-ground parking structures are not included in FAR calculations.
* * * * * * *
Section 2. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXXV, City Avenue District, § 155-217, City Avenue District: Regional Center Area (RCA), subsection D, Parking, loading and traffic requirements, paragraph (1), On-site parking, subparagraph (d) thereof, is hereby amended to provide as follows:
§ 155-217. City Avenue District: Regional Center Area (RCA)
* * * * * * *
D. Parking, loading and traffic requirements
(1) On-site parking
* * * * * * *
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(d) Only one curb cut/driveway is permitted on each street frontage of each lot. However, the Board of Commissioners may, by conditional use, approve a second curb cut/driveway in order to facilitate a shared parking arrangement. Maximum driveway width is two lanes and 22 feet unless a dedicated separate left-turn egress lane is required, based on a traffic study. Where a lot has frontage on two streets, principal access shall be from the least traveled street.
* * * * * * * Section 3. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXXV, City Avenue District, § 155-217, City Avenue District: Regional Center Area (RCA), subsection D, Parking, loading and traffic requirements, (2) Parking for single-use buildings and developments, and (3) Parking for mixed-use buildings or multiple-use developments, subparagraph (a) thereof, is hereby amended to provide as follows:
§ 155-217. City Avenue District: Regional Center Area (RCA)
* * * * * * *
D. Parking, loading and traffic requirements
* * * * * * *
(2) Parking for single-use buildings and developments or multiple-use developments. The minimum required parking for new and redeveloped buildings or developments within the RCA shall be calculated by using the minimum single peak-hour demand values noted in Table 6. Parking shall not be provided in excess of the maximum parking provisions provided in Table 6.
(3) Parking for mixed-use buildings or multiple-use developments.
(a) The minimum parking required for new and redeveloped mixed- use buildings or multiple-use development within the district shall be calculated by using the following process and the percentages provided in Table 6:
[1] First, determine the number of parking spaces required for each individual use within the multiple-use building or development by using the single-use peak-hour demand values in Table 6. That number serves as the base for calculating the percentage
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of peak demand for key times values.
[2] Next, calculate the number of spaces needed for each use for each peak hour by multiplying the base number (the single-use peak-hour demand value) by the percentage of peak demand for key times value.
[3] Next, add the columns for each peak demand time to determine the number of spaces required for the multiplemixed-use building or development for each peak hour.
[4] The required number of parking spaces for the building or development is the highest total-hour figure for the multiplemixed-use building or development.
* * * * * * *
Section 4. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXXV, City Avenue District, § 155-217, City Avenue District: Regional Center Area (RCA), subsection E, Density Increase, paragraph (3) thereof, is hereby amended and paragraph (4) thereof is hereby removed and reserved, to provide as follows::
§ 155-217. City Avenue District: Regional Center Area (RCA)
* * * * * * *
E. Density increase for Mixed-Use Buildings. The purpose of this section is to encourage the provision of amenities to benefit the public health, safety and welfare, including: adequate open space and public gathering space; efficient roadways; safe bicycle and pedestrian connections and transit facilities; and the preservation of historic resources. The density authorized in this article may be increased as shown on Table 2 and as described in this section, subject to the provisions listed below. In order to qualify for the density increases listed in Subsection E(2) through (910) a public gathering space in accordance with Subsection E(1) below shall be provided. The density increases listed below may be cumulative.
* * * * * * *
(3) Density increase for single-use residential buildings or mixed-use buildings or multiple-use developments where the primary use is residential.
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(a) The allowable density may be increased by up to a FAR of 0.1.
(b) The allowable density may be increased by an additional FAR of 0.05 up to a total FAR of 0.15 where the applicant installs off-site traffic improvements or contributes to a City Avenue Transportation Services Area Fund held by the Township in accordance with § 155- 217E(10)(a) through (c) below.
(4) Density increase for mixed-use buildings or multiple-use developments. The allowable density may be increased by up to a FAR of 0.05 where the applicant installs off-site traffic improvements or contributes to a City Avenue Transportation Services Area Fund held by the Township in accordance with § 155-217E(10)(a) through (c) below. RESERVED
* * * * * * *
Section 5. Nothing in this Ordinance or in Chapter 155 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter 155 prior to the adoption of this amendment.
Section 6. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.
Section 7. This Ordinance shall take affect and be in force from and after its approval as required by law.
Enacted by the Board of Commissioners of the Township of Lower Merion this _____ day of ______, 2017.
BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION
______Daniel S. Bernheim, President
ATTEST:
______Jody L. Kelley, Secretary
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84 AGENDA ITEM INFORMATION
ITEM: TIME PERMITTING - CONSIDERATION OF REDISTRICTING OPTIONS
Consider for recommendation to the Board of Commissioners amending the ward apportionment policy to increase the variation in the target population in each voting ward from 3% to 6%.
OR
Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise notice of intent to hold a public hearing and adopt an ordinance on December 20, 2017 to amend Chapter 12 of the Code of the Township of Lower Merion, entitled Electoral Districts, to reapportion the Township of Lower Merion by retaining 14 Wards, and by changing the boundary lines of said Wards. PUBLIC COMMENT
ATTACHMENTS: Description Type Issue Briefing Issue Briefing Chart Backup Material Proposed Ordinance Ordinance Redistricting Map Backup Material
85
TOWNSHIP OF LOWER MERION
Building and Planning Committee
Issue Briefing
Topic: Redistricting Ordinance
Prepared By: Robert Duncan, Assistant Township Manager
Date: November 2, 2017
I. Action To Be Considered By The Board:
The Board is being asked to consider two options to address the populations variations in the 14 voting ward districts in the Township.
1. Authorize a public hearing in December and consider adoption of the redistricting ordinance to modify the voting ward boundary lines. 2. Consider amending the staff established policy to increase from 3% to 6% the variation in the target population in each voting ward.
II. Why This Issue Requires Board Consideration:
The Board of Commissioners must determine whether the variation in population in each of the 14 voting districts is acceptable or whether an ordinance should be considered to modify voting ward boundary lines to provide 14 similarly populated districts.
III. Current Policy Or Practice (If Applicable):
The Board is required to make a determination whether the variation in population in the 14 voting wards is acceptable. If the variation is too large, the Board of Commissioners must adopt an ordinance amending the voting ward boundaries to adjust the population in certain districts to equally populate within an acceptable range. Township staff has a long-standing policy established many years ago allowing a population discrepancy between voting wards up to 3%. This 3% range was never adopted by the Board but has been used in at least the last three redistricting determinations. Rather than continuing with this 3% policy because this is what was historically used in the past, staff is seeking Board direction whether to modify this policy and increase it to 6%.
The Township Manager has provided us with information indicating that a population variation range as high as 10% has been accepted in other communities in Pennsylvania. Staff will be recommending the Board amend the policy to 6% due to the difficulty in modifying reasonable ward boundaries as a result of the limitations placed by the state legislative and district court boundary lines.
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Changes to population in any of the 14 wards exceeding the acceptable population range requires the adoption of an ordinance to adjust the ward boundary lines bringing the population in each ward to acceptable standards in compliance with the policy.
IV. Other Relevant Background Information:
In 2014, the Board adopted a redistricting ordinance to modify the voting ward boundaries based on the population data provided from the 2010 census. Most of the boundary adjustments were routine adjustments to provide as close to equal populations in all 14 wards as possible. Staff met with the Montgomery County Voter Services representatives to review our redistricting plan and they informed us of two potential conflicts with our amended voting boundaries. While we were in the process of completing our redistricting, there was also a Court settlement establishing revised District Justice boundaries that affects Montgomery County, including the Lower Merion Township District Justice boundaries.
The 2014 ordinance adoption was rescinded to address the County and State Voter Services offices concerns. Staff has made the additional adjustments to the redistricting maps to address the concerns raised by the county and state.
The revised redistricting ordinance maps showing the changes to the ward boundaries are attached and will be presented at the November Building & Planning Committee meeting. We have also attached a chart showing the number of residents that must move from one ward to an adjoining ward to meet the population 3% variation criteria. There remain a few districts where we are unable to meet the 3% policy standards due to state and/or federal established boundaries.
The other option available to the Board of Commissioners is to modify the 3% policy referenced above and increase the population variation in voting wards to 6%. This adjustment would allow the voting ward boundaries to remain the same and avoid residents being moved to a different ward.
V. Impact On Township Finances:
This ordinance will have no impact on Township finances.
VI. Staff Recommendation:
Staff is recommending the Board amend the past policy and increase the population variation between wards to 6% to avoid moving residents to new voting wards. This policy change will remain in effect until the 2020 census data is available. The 2020 population census data will likely result in changes to ward boundaries due to population changes in the Township between 2010 and 2020.
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87 Population Revised Current Adjustments Population Adjustments Population Ward Population (+/‐) to fall Notes Proposed (+/‐) after in Ward within Adjustment Acceptable LossGain Net Change Ward 1 4139 ‐91 ‐91 4048 Boundary Fix between Ward 1.3 and 2.1, (Census Tract nbr. 2048 Blks 3030, 3051) From Idlewild properties to Rock Creek Road. Ward 2 4010 91 91 4101 Boundary Fix between Ward 1.3 and 2.1, (Census Tract nbr. 2048 Blks 3030, 3051) From Idlewild to Rock Creek Road. Ward 3 4097 4097 No Change Modify Boundary between Ward 4.1 & Ward 8.4 (Census Tract Nbr. 2055.01 Blk 3004) of 42 pop. The area bounded by East Athens Avenue, Ward 4 4277 ‐23 ‐42 ‐42 4235 Simpson Rd, Drexel Ave, and St. Pauls Road. This change would make Ward 4 lose 42 population and Ward 8 gain 42 population.
No Change Ward 5 4000 7 4000 Modify Boundary between Ward 6.3 & Ward 11.3 (Census Tract Nbr. 2048 Blk. 3012 & CT Nbr. 2049 Blk. 1014) of 114 population. Ward 6 needed Ward 6 4364 ‐110 ‐114 ‐114 4250 the most significant change due to the population numbers. The area bounded by Spring Mill Road, Mt Pleasant Rd, Ridgewood and Roscommon Rds . The change would make Ward 6 lose 114 population and Ward 11 gain 114 population.
Ward 7 4257 ‐3 4257 No Change Modify Boundary between Ward 4.1 & Ward 8.4 (Census Tract Nbr. 2055.01 Blk 3004) of 42 pop. The area bounded by East Athens Avenue, Ward 8 4162 42 42 4204 Simpson Rd, Drexel Ave, and St. Pauls Road. This change would make Ward 4 lose 42 population and Ward 8 gain 42 population.
Modify Boundary Between Ward 9.1 & Ward 13.3 (Census Tract Nbr. 2044 blk 1003) of 30 population. The area bounded by Cynwyd Road, Ward 9 3994 1330 30 4024 Montgomery Avenue, & Hardie Way, the Montgomery Mews (20 Montgomery Avenue). This change would make Ward 9 gain 30 population and Ward 13 would lose 30 population. Modify Boundary Between Ward 11.1 & Ward 10.2 (Census Tract Nrb 205100 Blk. 1008) of 43 population. The area bounded by Winsford Rd, Ward 10 3960 4743 43 4003 Pembroke Road and New Gulph Roads. The change would have Ward 10 gain 43 population and Ward 11 would lose 43.
Modify Boundary between Ward 6.3 & Ward 11.3 (Census Tract Nbr. 2048 Blk. 3012 & CT Nbr. 2049 Blk. 1014) of 114 population. Ward 6 needed the most significant change due to the population numbers. The area bounded by Spring Mill Road, Mt Pleasant Rd, Ridgewood and Roscommon Ward 11 3964 43 ‐43114 71 4035 Rds. Plus Modify Boundary Between Ward 11.1 & Ward 10.2 (Census Tract Nbr 205100 Blk. 1008) of 43 population. The area bounded by Winsford Rd, Pembroke Road and New Gulph Roads.
Ward 12 4205 4205 No Change Modify Boundary Between Ward 9.1 & Ward 13.3 (Census Tract Nbr. 2044 Blk 1003) of 30 population. The area bounded by Cynwyd Road, Ward 13 4165 ‐30 ‐30 4135 Montgomery Avenue, & Hardie Way, the Montgomery Mews (20 Montgomery Avenue). This change would make Ward 9 gain 30 population and Ward 13 would lose 30 population. Ward 14 4243 4243 No Change Total Pop. 57837 57837 Target Population in Each Ward: 4131 Acceptable Range (+/‐) 3.0% (4007‐4254) Range (+/‐124)
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REVISED - 11/1/2017
AN ORDINANCE
No. ______
AN ORDINANCE TO AMEND Chapter 12 Of The Code Of The Township Of Lower Merion, Entitled Electoral Districts, To Reapportion The Township Of Lower Merion By Retaining 14 Wards, And By Changing The Boundary Lines Of Said Wards.
WHEREAS, Section 11 of Article IX of the Constitution of the Commonwealth of Pennsylvania, and the Municipal Reapportionment Act, require the Board of Commissioners of the Township of Lower Merion to reapportion the Township within the year following that in which the Federal decennial census is officially reported as required by Federal law, and at such other times as the Board shall deem necessary; and
WHEREAS, the official Block Statistics of the United States Department of Commerce, Bureau of Census, of Population and Housing, 2010 has been officially reported;
NOW THEREFORE, be it ordained by the Board of Commissioners of the Township of Lower Merion as follows;
Section 1. The Code of the Township of Lower Merion, Chapter 12, entitled Electoral Districts, Sections 12-1 through 12-15, are hereby amended to provide as follows:
CHAPTER 12
ELECTORAL DISTRICTS
§ 12-1. Reapportionment of Wards.
There shall continue to be fourteen wards in the Township of Lower Merion which wards are hereby reapportioned into fourteen wards as nearly equal in population as practicable on the basis of the Official Block Statistics of the Census of Population and Housing, 2010 conducted by the United States Department of Commerce, Bureau of Census.
§ 12-2. Boundaries of Ward No 1.
The boundaries of Ward No. 1 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
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BEGINNING: at a point formed at the intersection of Montgomery Avenue and Meeting House Lane; thence, westerly along Montgomery Avenue to its intersection with Gypsy Lane, the previous course along Montgomery Avenue being a common boundary between the Township of Lower Merion and the, Borough of Narberth; thence, northwesterly and northeasterly along Gypsy Lane to its intersection with McClenaghan Mill Road; thence, northwesterly along McClenaghan Mill Road to its intersection with Old Gulph Road; thence, westerly along East Old Gulph Road to its intersection with West Old Gulph Road; thence continuing westerly along West Old Gulph Road to its intersection with Mill Creek Road; thence, southerly along Mill Creek Road to its intersection with Mill Creek; thence, northwesterly along Mill Creek to its intersection with Old Gulph Road; thence southeasterly along Old Gulph Road to its intersection with Williamson Road; thence, northerly, northwesterly and westerly along Williamson Road to its intersection with Mt. Pleasant Road; thence, northwesterly along Mt. Pleasant Road to its intersection with Waverly Road; thence, southwesterly along Waverly Road a distance of approximately 875 feet to its crossing of an unnamed tributary of Mill Creek; thence, northerly along the said tributary to Harriton Road; thence northeasterly along Harriton Road to its intersection with Mt. Pleasant Road at Rock Creek Road; thence, northeasterly to the bend in Rock Creek Road continuing southeasterly along Rock Creek Road to its intersection with Black Rock Road; thence, northeasterly along Black Rock Road to its intersection with Conshohocken State Road; thence, southeasterly along Conshohocken State Road to its intersection with Mill Creek Road; thence, northerly along Mill Creek Road to its intersection with Conshohocken State Road; thence, northeasterly and southeasterly along Conshohocken State Road to its intersection with Manayunk Road; thence, southerly along Manayunk Road to its intersection with Bryn Mawr Avenue; thence, southwesterly along Bryn Mawr Avenue to its intersection with General Lafayette Road; thence, southerly along General Lafayette Road to its intersection with Hamilton Road; thence, southwesterly along Hamilton Road to its intersection with Revere Road; thence, southeasterly along Revere Road to its intersection with Maplewood Avenue; thence, southwesterly along Maplewood Avenue to its intersection with Monroe Road; thence, southerly along Monroe Road to its intersection with Meeting House Lane; thence, southwesterly along Meeting House Lane to its intersection with Montgomery Avenue and the place of beginning.
§ 12-3. Boundaries of Ward No. 2.
The boundaries of Ward No. 2 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Conshohocken State Road and Waverly Road; thence, northwesterly along Conshohocken State Road to its intersection with the boundary line between the Township of Lower Merion and the Borough of West Conshohocken; thence, northerly along the boundary line between the Township of Lower Merion and the Borough of West Conshohocken to the middle line of the Schuylkill River, said river being a common boundary between the Borough of
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Conshohocken, the Township of Whitemarsh, the City of Philadelphia, and the Township of Lower Merion; thence, northeasterly and southeasterly along the middle line of the Schuylkill River to its intersection with Flat Rock Road, as extended; thence, southwesterly along Flat Rock Road, as extended, and northwesterly and southwesterly along Flat Rock Road to its intersection with Sprague Road; thence, northerly along Sprague Road to its intersection with Hollow Road; thence, southwesterly along Hollow Road to its intersection with Hagys Ford Road North; thence, northwesterly, westerly, and southerly along Hagys Ford Road North, to its intersection with Hollow Road; thence southwesterly along Hollow Road to its intersection with Conshohocken State Road; thence, northwesterly along Conshohocken State Road to its intersection with Mill Creek Road; thence, southerly along Mill Creek Road, to its intersection with Conshohocken State Road; thence, northwesterly along Conshohocken State Road to its intersection with Black Rock Road; thence, southwesterly along Black Rock Road to its intersection with Rock Creek Road; thence, northwesterly and northeasterly along Rock Creek Road to its intersection with Waverly Road; thence, northeasterly along Waverly Road to its intersection with Conshohocken State Road and the place of beginning.
§ 12-4. Boundaries of Ward No. 3.
The boundaries of Ward No. 3 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Conshohocken State Road and East Princeton Road; thence, northwesterly and westerly along Conshohocken State Road to its intersection with Hollow Road; thence, northeasterly along Hollow Road to its intersection with Hagys Ford Road North; thence, northerly, easterly, and southeasterly along Hagys Ford Road North to its intersection with Hollow Road; thence, northeasterly along Hollow Road to its intersection with Sprague Road; thence, southerly along Sprague Road to its intersection with Flat Rock Road; thence, northeasterly and southeasterly along Flat Rock Road and Flat Rock Road as extended to its intersection with the middle line of the Schuylkill River, said river being a common boundary between the City of Philadelphia and the Township of Lower Merion; thence, southeasterly along the middle line of the Schuylkill River to its intersection with Vine Creek as extended; thence, southwesterly along Vine Creek parallel to a railroad right-of- way, formerly belonging to the Penn Central Transportation Company's Schuylkill Division, now belonging to the Southeastern Pennsylvania Transportation Authority (SEPTA) and separating the Westminster Cemetery and the West Laurel Hill Cemetery to its intersection with a point formed by the extension of Levering Mill Road as extended, at the Barmouth Station Trailhead of the Cynwyd Heritage Trail; thence, southwesterly along Levering Mill Road to its intersection with Belmont Avenue; thence, northwesterly along Belmont Avenue to its intersection with Overhill Road; thence, southwesterly along Overhill Road to its intersection with Dartmouth Road and East
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Princeton Road; thence, southeasterly and southwesterly along East Princeton Road to its intersection with Conshohocken State Road and the place of beginning.
§ 12-5. Boundaries of Ward No. 4.
The boundaries of Ward No. 4 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Anderson Avenue and Montgomery Avenue; thence, southwesterly along Anderson Avenue to its intersection with Lancaster Avenue; thence, southeasterly along Lancaster Avenue to its intersection with Rittenhouse Place; thence, southwesterly along Rittenhouse Place to its intersection with East Athens Avenue; thence, southeasterly along East Athens Avenue to its intersection with Simpson Road; thence southwesterly along Simpson Road to its intersection with Drexel Road; thence southerly along Drexel Road to its intersection with St Pauls Road ; thence, southwesterly along St Pauls Road to its intersection with Arnold Road; thence, southeasterly along Arnold Road to its intersection with Linwood Avenue; thence, southwesterly along Linwood Avenue to its intersection with East Spring Avenue; thence, northwesterly along East Spring Avenue approximately 148 feet to a point on the northwesterly property line of lots fronting on the northwesterly side of Linwood Avenue; thence, southwesterly along the said property lines to a point formed by its intersection with County Line Road, also being the Delaware-Montgomery County Line; thence, northwesterly and southwesterly by the said County Line, to its intersection with Old Lancaster Road; thence northwesterly along Old Lancaster Rd, to its intersection with Elliott Avenue; thence, northeasterly along Elliott Avenue to its intersection with Lancaster Avenue at Morris Avenue; thence, continuing northeasterly along Morris Avenue to its intersection with Montgomery Avenue; thence, southeasterly along Montgomery Avenue to its intersection with Booth Lane; thence southerly along Booth Lane to its intersection with Old Lancaster Road; thence, southeasterly along Old Lancaster Road to its intersection with Montgomery Avenue; thence, southeasterly along Montgomery Avenue to its intersection with Anderson Avenue and place of beginning.
§ 12-6. Boundaries of Ward No. 5.
The boundaries of Ward No. 5 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of East Wynnewood Road and Penn Road; thence, southwesterly along East Wynnewood Road to its intersection with Lancaster Avenue; thence, northwesterly along Lancaster Avenue to its intersection with
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Old West Wynnewood Road; thence, southwesterly along Old West Wynnewood Road to its intersection with West Wynnewood Road; thence, southwesterly along West Wynnewood Road to its intersection with East Athens Avenue; thence, northwesterly along East Athens Avenue to its intersection with Hood Road; thence, northeasterly along Hood Road, to its intersection with Argyle Road; thence, northwesterly along Argyle Road, 80 feet more or less to a point 100 feet southeast of the southeasterly side of Chatham Road; thence, northeasterly along the southeasterly property line of the properties on the southeasterly side of Chatham Road, approximately 100 feet southeast of the southeasterly side of Chatham Road, to its intersection with Lancaster Avenue; thence, northwesterly along Lancaster Avenue to its intersection with Anderson Avenue; thence, northeasterly along Anderson Avenue to its intersection with Montgomery Avenue; thence, northwesterly along Montgomery Avenue to its intersection with Cheswold Lane; thence, northeasterly along Cheswold Lane approximately 881 feet to a point on the southwesterly property line of 134 Cheswold Lane; thence, northwesterly along the said property line approximately 438.65 feet to a point on the southeasterly property line of 141 Grays Lane; thence, by the same northeasterly approximately 144.00 feet to a point on the northeasterly property line of 141 Grays Lane; thence, by the same northwesterly approximately 113.23 feet to a point on the south easterly property line of 147 Grays Lane; thence, by the same northeasterly 44.32 feet to a point on the northeasterly property line of 147 Grays Lane; thence, by the same northwesterly 143.72 feet to Grays Lane; thence, northeasterly, easterly, and southeasterly along Grays Lane to its intersection with Mill Creek Road; thence, northeasterly along Mill Creek Road to its intersection with Old Gulph Road; thence, easterly along Old Gulph Road to its intersection with McClenaghan Mill Road; thence, southeasterly along McClenaghan Mill Road to its intersection with Gypsy Lane; thence, southeasterly along Gypsy Lane to its intersection with Montgomery Avenue at North Wynnewood Avenue; thence, crossing Montgomery Avenue southeasterly along North Wynnewood Avenue, being a common boundary between the Township of Lower Merion and the Borough of Narberth, to its intersection with Sabine Avenue; thence, southwesterly along Sabine Avenue to its intersection with Penn Road; thence, southerly along Penn Road to its intersection with East Wynnewood Road and the place of beginning.
§ 12-7. Boundaries of Ward No. 6.
The boundaries of Ward No. 6 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Lancaster Avenue and the Delaware-Montgomery County Line, said point being approximately at the intersection of Lancaster Avenue with County Line Road (Haverford Road); thence, northwesterly along the Delaware-Montgomery County Line, which generally follows County Line Road to its intersection with Matsons Ford Road; thence, northeasterly along Matsons Ford Road, the common boundary between the Township of Upper Merion, the Borough of West Conshohocken, and the Township of Lower Merion, to its intersection with
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DeHaven Avenue and the Borough Line; thence, in a southeasterly and a northeasterly direction along the common boundary between the Township of Lower Merion and the Borough of West Conshohocken to its intersection with Conshohocken State Road; thence, in a southeasterly direction along Conshohocken State Road to its intersection with Spring Mill Road; thence, southwesterly along Spring Mill Road to its intersection with Eagle Farm Road; thence, southeasterly and southwesterly along Eagle Farm Road to its intersection with Farview Road; thence, northwesterly along Farview Road to its intersection with Spring Mill Road; thence, southwesterly along Spring Mill Road to its intersection with the southwesterly property line of 641 Spring Mill Road, said point being 572.51 feet southwest of the center line of Farview Road; thence, southeasterly along property lines of lots fronting on Farview Road extended 1327.70 feet to a point on the southeasterly property line of 1206 Farview Road, a corner; thence, northeasterly along property lines of lots fronting on Farview Road and Eagle Farm Road extended 1417.34 feet to a point on the northeasterly property line now or late of the School District of Lower Merion (Harriton High School); thence, southeasterly along the said property line 1508.58 feet to a point on the center line of North Ithan Avenue; thence, southwesterly along North Ithan Avenue to its intersection with Old Gulph Road; thence, southeasterly along Old Gulph Road to its intersection with Airdale Road; thence, southwesterly along Airdale Road to its intersection with Ashbridge Road; thence, southeasterly along Ashbridge Road to its intersection with Wakefield Road; thence southwesterly along Wakefield Road to its intersection with Wyndon Avenue; thence, southeasterly along Wyndon Avenue to its intersection with Roberts Road; thence, southwesterly along Roberts Road to its intersection with Lancaster Avenue; thence, northwesterly along Lancaster Avenue to its intersection with the Delaware-Montgomery County Line, County Line Road and the place of beginning.
§ 12-8. Boundaries of Ward No. 7.
The boundaries of Ward No. 7 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of the center line of City Avenue and the southwesterly property line extended of the Friends Central School; thence, northwesterly along the southwesterly property line of the Friends Central School a distance of approximately 1038 feet to a corner; thence, southwesterly crossing the terminus of Green Hill Lane along the southeasterly property line of the Lankenau Hospital approximately 400 feet to a corner; thence, northwesterly along the southwesterly property line of the Lankenau Hospital a distance of approximately 1960 feet to a corner formed by the southwesterly and northwesterly property lines of the Lankenau Hospital; thence, northeasterly along the northwesterly property line of the Lankenau Hospital approximately 137 feet to a common corner formed by the intersection of the property lines of Lankenau Hospital, 1124 Indian Creek Road and 1118 Indian Creek Road; thence, northwesterly along an irregular property line between
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the 1124 Indian Creek Road and 1118 Indian Creek Road properties approximately 520 feet to a point formed by the intersection of the middle line of Indian Creek Road, the southeasterly property line of property belonging to the Township of Lower Merion, also known as 1150 Remington Road and the aforementioned property lines; thence, continuing northwesterly along the property line of 1150 Remington Road extended to a point in Remington Road; thence, southwesterly along Remington Road to its intersection with Warick Road and Roslyn Lane; thence, westerly along Warick Road to its intersection with Morris Road; thence, northeasterly along Morris Road to its intersection with northeasterly property line of 511 Ballytore Road; thence, northwesterly partially by the said property line and partially along the southeasterly property line of 517 Ballytore Road approximately 289.95 feet to a point on the southeasterly property line of 517 Ballytore Road; thence, by the said property line northeasterly approximately 101.28 feet to a point on the northeasterly property line of 517 Ballytore Road; thence, northwesterly by various courses and distances along the said (rear) property lines of the properties on the northeasterly side of Ballytore Road, to a point on the southeasterly property line now or late of the Diocese of the Armenian Church in America; thence, northeasterly along the said property line approximately 379.78 feet to a point on the center line of Clothier Road; thence, northwesterly along Clothier Road to its intersection with West Wynnewood Road; thence, northerly along West Wynnewood Road to its intersection with Lancaster Avenue; thence, crossing Lancaster Avenue northeasterly along East Wynnewood Road to its intersection with Penn Road; thence, northerly along Penn Road to its intersection with Sabine Avenue; thence, northeasterly along Sabine Avenue to its intersection with North Wynnewood Avenue, being a common boundary between the Township of Lower Merion and the Borough of Narberth; thence, by the said common boundary line southeasterly, easterly and northeasterly by various courses along North Wynnewood Avenue, East Wynnewood Road, and Rockland Avenue to its intersection with a property line measured 90 feet southwest of the southwesterly sideline of Valley View Road; the previous course along Rockland Avenue being the common boundary between the Township of Lower Merion and the Borough of Narberth; thence, southeasterly along the aforementioned property line located parallel to and 90 feet southwest of the southwesterly sideline of Valley View Road to its intersection with a property line measured 120 feet northwest of the northwesterly sideline of Glenwood Road; thence, southwesterly along the aforementioned property line located 120 feet northwest of the northwesterly sideline of Glenwood Road to its intersection with East Wynnewood Road; thence, southeasterly along East Wynnewood Road to its intersection with Glenwood Road; thence, northeasterly along Glenwood Road to its intersection with Kenmore Road; thence southeasterly along Kenmore Road to its intersection with Bowman Avenue; thence, southwesterly along Bowman Avenue to its intersection with East Wynnewood Road; thence, southeasterly along East Wynnewood Road to its intersection with City Avenue; thence, southwesterly along City Avenue to its intersection with the projection of the southwesterly property line of the Friends Central School and the place of beginning.
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§12-9. Boundaries of Ward No. 8.
The boundaries of Ward No. 8 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: At a point formed by the intersection of Delmont Drive and the Delaware- Montgomery County Line; thence, along the Delaware-Montgomery County Line, crossing Haverford Road and along County Line Road to its intersection with the northwesterly property line of lots fronting the northwesterly side of Linwood Avenue; thence, along the said property line northeasterly to its intersection with East Spring Avenue; thence, southeasterly along East Spring Avenue to its intersection with Linwood Avenue; thence, northeasterly along Linwood Avenue to its intersection with Arnold Road; thence, northwesterly along Arnold Road to its intersection with St Pauls Road; thence, northeasterly along St Pauls Road to its intersection with Drexel Road; thence, northwesterly along Drexel Road to its intersection with Simpson Road; thence, northeasterly along Simpson Road to its intersection with East Athens Avenue; thence, northwesterly along East Athens Avenue to its intersection with Rittenhouse Place; thence, northeasterly along Rittenhouse Place to its intersection with Lancaster Avenue; thence, southeasterly along Lancaster Avenue to a point on the southeasterly property line of the properties on the southeasterly side of Chatham Road; thence, southwesterly along the said property line, approximately 100 foot southeast of the southeasterly side of Chatham Road, to the center line of Argyle Road; thence, southeasterly along Argyle Road to its intersection with Hood Road; thence, southwesterly along Hood Road to its intersection with East Athens Avenue; thence southeasterly along East Athens Avenue to its intersection with West Wynnewood Road; thence, northeasterly along West Wynnewood Road to its intersection with Old West Wynnewood Road; thence, northeasterly along Old West Wynnewood Road to its intersection with Lancaster Avenue; thence, southeasterly along Lancaster Avenue to its intersection with East Wynnewood Road and West Wynnewood Road; thence, southerly along West Wynnewood Road to its intersection with Clothier Road; thence, southeasterly along Clothier Road to its intersection with the southeasterly property line now or late of the Diocese of the Armenian Church in America; thence, southwesterly by the said property line of the said Diocese 379.78 feet to a point on the northeasterly property line of 603 Ballytore Road; thence, southeasterly by various courses and distances, along the said (rear) property lines of properties on the northeasterly side of Ballytore Road, to the easterly corner of 517 Ballytore Road; thence, southwesterly along the southeasterly property line of 517 Ballytore Road, approximately 101.28 feet, to a point on the northeasterly property line of 517 Ballytore Road; thence, southeasterly partially along the said property line and partially along the northeasterly property line of 511 Ballytore Road approximately 289.95 feet to its intersection with Morris Road; southwesterly along Morris Road to its intersection with Haverford Road; thence, westerly along Haverford Road to its intersection with Brinton Park Drive; thence, southerly along Brinton Park Drive to its intersection with Glen Arbor Drive; thence, southwesterly and southerly along Glen Arbor Drive to its intersection with Twin Oaks Drive; thence, westerly along Twin Oaks Drive to its intersection with Delmont Drive; thence, southwesterly along
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Delmont Drive to its intersection with the Delaware-Montgomery County Line and the place of beginning.
§ 12-10. Boundaries of Ward No. 9.
The boundaries of Ward No. 9 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of City Avenue and Orchard Road; thence, northwesterly along Orchard Road to its intersection with Upland Road; thence, northeasterly along Upland Road to its intersection with Old Lancaster Road; thence, northwesterly along Old Lancaster Road to its intersection with North Highland Avenue; thence, northeasterly along North Highland Avenue to its intersection with Cynwyd Road; thence, northwesterly along Cynwyd Road to its intersection with Montgomery Avenue; thence, northeasterly along Montgomery Avenue to its intersection with Conshohocken State Road; thence, northwesterly along Conshohocken State Road to its intersection with East Princeton Road; thence, northeasterly and northwesterly along East Princeton Road to its intersection with Overhill Road; thence, northeasterly along Overhill Road to its intersection with Belmont Avenue, thence, southeasterly along Belmont Avenue to its intersection with Levering Mill Road; thence, northeasterly along Levering Mill Road and Levering Mill Road as extended to its intersection with Vine Creek at the Barmouth Station trailhead of the Cynwyd Heritage Trail; thence, northeasterly along Vine Creek parallel to a railroad right-of-way, formerly belonging to the Penn Central Transportation Company's Schuylkill Division, now belonging to the Southeastern Pennsylvania Transportation Authority (SEPTA) and separating the Westminster Cemetery and the West Laurel Hill Cemetery to its intersection with the midline line of the Schuylkill River, said river being a common boundary of the City of Philadelphia and the Township of Lower Merion; thence, southeasterly along the middle line of the Schuylkill River to a point formed by the intersection of the Schuylkill River and the boundary line between the City of Philadelphia and the Township of Lower Merion; thence, southwesterly along the aforementioned boundary line to its intersection with City Avenue; thence, southwesterly along City Avenue to its intersection with Orchard Road and the place of beginning.
§ 12-11. Boundaries of Ward No. 10.
The boundaries of Ward No. 10 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
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BEGINNING: at a point, a corner in the common boundary line of Montgomery and Delaware Counties, said point also being a common point of Lower Merion, Haverford and Radnor Townships, and also being the intersection of County Line Road, Haverford Road, and Landover Road; thence, northwesterly along the Delaware-Montgomery County Line (generally along County Line Road), to its intersection with Lancaster Avenue; thence, southeasterly along Lancaster Avenue to its intersection with Roberts Road; thence, northeasterly along Roberts Road to its intersection with the railroad right- of-way, formerly belonging to the Penn Central Transportation Company's Main Line Division, now belonging to the National Railroad Passenger Corporation (AMTRAK); thence, southeasterly along the said right-of-way to its intersection with Merion Avenue; thence, northeasterly and southeasterly along Merion Avenue to its intersection with New Gulph Road; thence, southeasterly along New Gulph Road to its intersection Pembroke Road; thence, easterly along Pembroke Road to its intersection with Winsford Rd; thence southeasterly along Winsford Road to its intersection with Fishers Road; thence, northeasterly along Fishers Road to its intersection with Carisbrooke Road; thence, northwesterly along Carisbrooke Road to its intersection with Morris Avenue; thence, northeasterly and northerly along Morris Avenue to its intersection with Waverly Road; thence, northeasterly along Waverly Road to its intersection with Mt. Pleasant Road; thence, southeasterly along Mt. Pleasant Road to its intersection with Williamson Road; thence, easterly and southeasterly along Williamson Road to its intersection with Old Gulph Road at Mill Creek; thence, southeasterly along Mill Creek to its intersection with Mill Creek Road; thence, southwesterly along Mill Creek Road to its intersection with Grays Lane; thence, northwesterly, westerly, and southwesterly along Grays Lane to its intersection with the northeasterly property line of 147 Grays Lane; thence, by the same southeasterly approximately 143.72 feet to a point on the southeasterly property line of 147 Grays Lane; thence, by the same southwesterly approximately 44.32 feet to a point on the northeasterly property line of 141 Grays Lane; thence, by the same southeasterly approximately 113.23 feet to a point on the southeasterly property line of 141 Grays Lane; thence, by the same southwesterly approximately 144.00 feet to a point on the southwesterly property line of 141 Grays Lane; thence, by the same, as extended, southeasterly approximately 438.65 feet to a point in the middle of Cheswold Lane; thence, southwesterly along Cheswold Lane approximately 881 feet to its intersection with Montgomery Avenue; thence, northwesterly along Montgomery Avenue to its intersection with Old Lancaster Road; thence, westerly along old Lancaster Road to its intersection with Booth Lane; thence continuing westerly along Booth Lane to its intersection with Montgomery Avenue: thence, northwesterly along Montgomery Avenue to its intersection with Morris Avenue; thence, southwesterly along Morris Avenue to its intersection with Lancaster Avenue at Elliott Avenue thence, continuing southwesterly along Elliott Avenue to its intersection with Old Lancaster Road; thence easterly along Old Lancaster Road to its intersection with County Line Road and the intersection with the Delaware-Montgomery County Line ; thence, continuing southwesterly along the said County Line across lots fronting on the northwesterly side of Old Lancaster Road, Haverford to its intersection with County Line Road; thence, continuing southwesterly along the said County Line along County Line Road to its intersection with Haverford Road at Landover Road, also being a common point of Lower Merion, Haverford and Radnor Townships and also being the place of beginning.
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§12-12. Boundaries of Ward No. 11.
The boundaries of Ward No. 11 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Montgomery Avenue and Roberts Road; thence, northeasterly along Roberts Road to its intersection with Wyndon Avenue; thence, northwesterly along Wyndon Avenue to its intersection with Wakefield Road; thence, northeasterly along Wakefield Road to its intersection with Ashbridge Road; thence, northwesterly along Ashbridge Road to its intersection with Airdale Road; thence, northeasterly along Airdale Road to its intersection with Old Gulph Road; thence, northwesterly along Old Gulph Road to its intersection with North Ithan Avenue; thence, northeasterly along North Ithan Avenue to its intersection with the northeasterly property line now or late of the School District of Lower Merion (Harriton High School); thence, northwesterly along the said property line 1508.58 feet to a point on the northwesterly property line now or late of the said School District, a corner; thence, southwesterly along the said property line extended 1417.34 feet to a point on the southwesterly property line of 1206 Farview Road, a corner; thence, northwesterly along the property lines of lots fronting on the southwesterly side of Farview Road extended 1327.70 feet to a point on the center line of Spring Mill Road; thence, northeasterly along Spring Mill Road to its intersection with Farview Road; thence, southeasterly along Farview Road to its intersection with Eagle Farm Road; thence, northeasterly and northwesterly along Eagle Farm Road to its intersection with Spring Mill Road; thence, northeasterly along Spring Mill Road to its intersection with Conshohocken State Road; thence, southeasterly along Conshohocken State Road to its intersection with Waverly Road; thence, southwesterly along Waverly Road to its intersection with Rock Creek Road; thence, northwesterly and southwesterly along Rock Creek Road to its intersection with Mt. Pleasant Road at Harriton Road; thence continuing southwesterly along Harriton Road approximately 650 feet to its crossing of an unnamed tributary of Mill Creek; thence, southerly along the said tributary to Waverly Road; thence, southwesterly along Waverly Road to its intersection with Morris Avenue; thence, southerly and southwesterly along Morris Avenue to its intersection with Carisbrooke Road; thence, southeasterly along Carisbrooke Road to its intersection with Fishers Road; then southwesterly along Fishers Road to its intersection Winsford Road; thence northwesterly along Winsford Road to its intersection with Pembroke Road; thence northwesterly along Pembroke Road to its intersection with New Gulph Road; thence, northwesterly along New Gulph Road to its intersection with Merion Avenue; thence southwesterly and northwesterly along Merion Avenue to its intersection with the railroad right-of-way, formerly belonging to the Penn Central Transportation Company’s Main Line Division, now belonging to the National Railroad Passenger Corporation (AMTRAK); thence, northwesterly along the said railroad right-of-way to its intersection with Roberts Road; thence, northeasterly along Roberts Road to its intersection with Montgomery Avenue; and the place of beginning.
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§12-13. Boundaries of Ward No. 12.
The boundaries of Ward No. 12 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of City Avenue and East Wynnewood Road; thence, northwesterly along East Wynnewood Road to its intersection with Bowman Avenue; thence, northeasterly along Bowman Avenue to its intersection with Kenmore Road; thence, northwesterly along Kenmore Road to its intersection with Glenwood Road; thence, southwesterly along Glenwood Road to its intersection with East Wynnewood Road; thence, northwesterly along East Wynnewood Road to its intersection with a property line located 120 feet northwest of the northwesterly side line of Glenwood Road; thence, northeasterly along the aforementioned property line parallel to and measured 120 feet northwest of the northwesterly side line of Glenwood Road to its intersection with a property line parallel to and measured approximately 90 feet southwest of the southwesterly side line of Valley View Road; thence; northwesterly along the aforementioned property line to its intersection with Rockland Avenue; thence, northeasterly along Rockland Avenue to its intersection with the railroad right-of-way, formerly belonging to the Penn Central Transportation Company's Main Line Division, now belonging to the National Railroad Passenger Corporation (AMTRAK); thence, westerly along the said railroad right-of-way, to its intersection with North Narberth Avenue; thence, northwesterly along North Narberth Avenue to its intersection with Haverford Avenue; thence, northeasterly along Haverford Avenue to its intersection with Montgomery Avenue, the four previous courses along Rockland Avenue, the AMTRAK right-of-way, North Narberth Avenue and Haverford Avenue being a common boundary between the Township of Lower Merion and the Borough of Narberth; thence, easterly along Montgomery Avenue to its intersection with Old Lancaster Road; thence southeasterly along Old Lancaster Road to its intersection with Upland Road; thence, southwesterly along Upland Road to its intersection with Orchard Road; thence, southeasterly along Orchard Road to its intersection with City Avenue; thence, southwesterly along City Avenue to its intersection with East Wynnewood Road and the place of beginning.
§12-14. Boundaries of Ward No. 13.
The boundaries of Ward No. 13 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by the intersection of Old Lancaster Road and North Highland Avenue; thence, northwesterly along Old Lancaster Road to its intersection with Montgomery Avenue; thence, westerly along Montgomery Avenue to its
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intersection with Meeting House Lane; thence, northeasterly along Meeting House Lane to its intersection with Monroe Road; thence, northerly along Monroe Road to its intersection with Maplewood Avenue; thence, northeasterly along Maplewood Avenue to its intersection with Revere Road; thence, northwesterly along Revere Road to its intersection with Hamilton Road; thence, northeasterly along Hamilton Road to its intersection with General Lafayette Road; thence, northerly along General Lafayette Road to its intersection with Bryn Mawr Avenue; thence, northeasterly along Bryn Mawr Avenue to its intersection with Manayunk Road; thence, northerly along Manayunk Road to its intersection with Conshohocken State Road; thence, easterly and southeasterly along Conshohocken State Road to its intersection with Montgomery Avenue; thence, southwesterly along Montgomery Avenue to its intersection with Cynwyd Road; thence, southeasterly along Cynwyd Road to its intersection with North Highland Avenue; thence, southwesterly along North Highland Avenue to its intersection with Old Lancaster Road and the place of beginning.
§ 12-15. Boundaries of Ward No. 14.
The boundaries of Ward 14 shall be as shown on the Electoral District Map, dated November 8, 2017, prepared by the Lower Merion Department of Building and Planning, which is on file and is available for public inspection in the office of the Township Secretary, the legal description thereof being as follows:
BEGINNING: at a point formed by City Avenue and the Delaware-Montgomery County Line; thence, northwesterly along the Delaware-Montgomery County Line generally following to the southwest of Rolling Road, Crosshill Road and Brinton Park Drive to its intersection with Delmont Drive; thence, northeasterly along Delmont Drive to its intersection with Twin Oaks Drive; thence, southeasterly along Twin Oaks Drive to its intersection with Glen Arbor Drive; thence, northerly and northeasterly along Glen Arbor Drive to its intersection with Brinton Park Drive; thence, northerly along Brinton Park Drive to its intersection with Haverford Road; thence, southeasterly along Haverford Road to its intersection with Morris Road; thence, northeasterly along Morris Road to its intersection with Warick Road; thence, southeasterly along Warick Road to its intersection with Remington Road; thence, northeasterly along Remington Road to its intersection with the northeasterly property line of property belonging to the Township of Lower Merion, also known as 1150 Remington Road; thence, southeasterly along the said property line to its intersection with Indian Creek Road; thence, southeasterly along an irregular property line between 1124 Indian Creek Road and 1118 Indian Creek Road approximately 520 feet to a common point formed by the aforementioned property line and the northwesterly property line of the Lankenau Hospital; thence, southwesterly along the northwesterly property line of the Lankenau Hospital approximately 137 feet to a corner formed by the northwesterly and southwesterly property lines of the Lankenau Hospital; thence, southeasterly along the southwesterly property line of the Lankenau Hospital a distance of approximately 1960 feet to a corner formed by the intersection of the southwesterly and southeasterly property lines of the Lankenau Hospital; thence, northeasterly along the southeasterly property line of the Lankenau Hospital, crossing the terminus of Green Hill Lane, approximately 400 feet to a corner formed by the
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intersection of the southeasterly property line of the Lankenau Hospital and the southwesterly property line of the Friends Central School; thence, southeasterly along the southwesterly property line of the Friends Central School a distance of approximately 1038 feet to its intersection with the center line of City Avenue; thence, southwesterly along City Avenue to its intersection with the Delaware-Montgomery County Line and the place of beginning.
Section 2. Saving Clause. That nothing in this ordinance or in the Code of the Township of Lower Merion as hereby amended shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any causes of action acquired or existing under the Code of the Township of Lower Merion prior to this amendment; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 3. Validity. The provisions of this Ordinance are severable, and if any chapter, article, section, sentence, clause, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining chapters, articles, sections, sentences, clauses, parts or provisions of this Ordinance. It is hereby declared to be the intent of this Board that this Ordinance would have been adopted if such illegal, invalid or unconstitutional chapter, article, section, sentence, clause, part or provision had not been included herein.
Section 4. This Ordinance shall take affect and be in force from and after its approval as required by law.
Approved by the Board this ______day of November 2017.
BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION
______Daniel S. Bernheim, President
ATTEST:
______Jody L. Kelley, Secretary
14 102 103 AGENDA ITEM INFORMATION
ITEM: TIME PERMITTING - AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - Medical Marijuana
Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise notice of intent to hold a public hearing and adopt an ordinance on December 20, 2017 to amend the Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Chapter 155 to provide definitions of Academic Clinical Research Center, Caregiver (Medical Marijuana), Certified Medical Marijuana Use, Form of Medical Marijuana, Identification Card, Medical Marijuana, Medical Marijuana Delivery Vehicle Office, Medical Marijuana Dispensary, Medical Marijuana Facility, Medical Marijuana Grower/Processor, and Medical Marijuana Registry; and to permit a medical marijuana dispensary in the City Avenue District Regional Center Area (RCA), ROHO Rock Hill Overlay District and M Manufacturing and Industrial District, subject to regulations; and to permit medical marijuana grower/processor and medical marijuana delivery vehicle office in the M Manufacturing and Industrial Districts, and to permit an academic clinical research center in the Medical Center District, subject to regulations. PUBLIC COMMENT
ATTACHMENTS: Description Type Issue Briefing Issue Briefing Proposed Ordinance Ordinance Montgomery County Review Letter Backup Material
104 TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing
Topic: Medical Marijuana Ordinance
Prepared by: Robert Duncan, Assistant Manager
Date: November 1, 2017
I. Action To Be Considered By The Board:
Consider for recommendation to the Board of Commissioners authorization to advertise and hold a public hearing on December 20th, and consider for adoption an ordinance regulating Medical Marijuana in compliance with PA Act 16.
II. Why This Issue Requires Board Consideration:
The Board of Commissioners must adopt amendments to the Township’s Zoning Code.
III. Current Policy Or Practice (If Applicable): N/A
IV. Other Relevant Background Information:
PA Act 16 was adopted in 2016 authorizing the growing, processing and dispensing of medical marijuana to patients with qualifying medical conditions. The PA Department of Health (PADH) has since established medical marijuana regulations applicable throughout Pennsylvania. The PADH has also begun to accept license applications for the first round of licenses for medical marijuana uses.
The Montgomery County Planning Commission prepared a memo providing a general overview of the important aspects of this legislation. This overview provides a good summary of the Act and suggested zoning regulations municipalities could consider. Staff used this document and a medical marijuana model ordinance prepared by a Tri-County Regional Planning Commission as our guide to prepare the initial draft of this ordinance. In October, the Building & Planning Committee provided staff direction to amend this ordinance to permit medical marijuana dispensaries in non-residential zoning districts, subject to compliance with the PA Act 16 separation requirements and PAHD regulations. Direction was also provided to permit medical marijuana growing facilities in the M Manufacturing district, subject to a number of additional regulations that would apply to growing facilities in Lower Merion Township.
The Solicitor has amended this ordinance to reflect the direction provided by the Building & Planning Committee.
The Zoning Officer has received one official request for a use permit to operate a Medical Marijuana Dispensary at a site on Rock Hill Road. We have received inquiries for other locations but staff has not received a formal application yet for any other location in the Township.
105 V. Impact on Township Finances:
This ordinance will have no impact on Township finances.
VI. Staff Recommendation
Staff recommends the Board of Commissioners authorize a public hearing in December to obtain public comment on the proposed ordinance. If authorized, the Board will also consider whether to adopt this ordinance at their December meeting after receiving public comment. If it is determined that further edits are required before adopting this ordinance, the ordinance must be re-advertised and consideration for adoption would occur at a future meeting.
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AN ORDINANCE
NO. ______
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 155 To Provide Definitions Of Academic Clinical Research Center, Caregiver (Medical Marijuana), Certified Medical Marijuana Use, Form Of Medical Marijuana, Identification Card, Medical Marijuana, Medical Marijuana Act, Medical Marijuana Delivery Vehicle Office, Medical Marijuana Dispensary, Medical Marijuana Facility, Medical Marijuana Grower/Processor, And Medical Marijuana Registry; And To Permit A Medical Marijuana Dispensary In The C1 and C2 Commercial Districts, the Mixed-Use Special Transportation District, the MC Medical Center District, the BMMD Bryn Mawr Medical District, the Bryn Mawr Village District, the City Avenue District Regional Center Area (RCA), and the ROHO Rock Hill Overlay District , And M Manufacturing And Industrial District, Subject To Regulations; And To Permit Medical Marijuana Grower/Processor And Medical Marijuana Delivery Vehicle Office In The M Manufacturing And Industrial Districts, And To Permit An Academic Clinical Research Center In The MC Medical Center District and the BMMD Bryn Mawr Medical District, Subject To Regulations.
The Board of Commissioners of the Township of Lower Merion does hereby enact and ordain:
Section 1. PURPOSE. The purpose of this Ordinance is to amend the Zoning Code in order to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania “Medical Marijuana Act” (PA Act 16, 2016) to allow for the integration of an allowed industry while providing for the protection of the public’s health, safety, morals, and general welfare.
Section 2. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article II, Definitions, §155-4, Terms Defined, subsection B thereof, shall be amended by the addition of the following definitions in alphabetical order:
Article II. Definitions
§155-4 Terms Defined
B. Words and terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article:
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ACADEMIC CLINICAL RESEARCH CENTER – An accredited medical school within this Commonwealth that operates or partners with an acute care hospital licensed within this Commonwealth.
CAREGIVER (MEDICAL MARIJUANA) - The individual designated by a patient to deliver medical marijuana.
CERTIFIED MEDICAL MARIJUANA USE - The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth.
FORM OF MEDICAL MARIJUANA - The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
IDENTIFICATION CARD - A document issued by the Pennsylvania Department of Health that permits access to medical marijuana.
MEDICAL MARIJUANA - Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania under the Medical Marijuana Act.
MEDICAL MARIJUANA ACT – The Act of April 17, 2016, P.L. 84, No. 16, as amended from time to time (53 P.S. 10231.101, et.seq.).
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE - Any facility used to store delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
MEDICAL MARIJUANA DISPENSARY - A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana; the term includes the facility from which medical marijuana is dispensed.
MEDICAL MARIJUANA FACILITY - A dispensary or a grower/processor of marijuana for medical purposes.
MEDICAL MARIJUANA GROWER/PROCESSOR - A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination
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thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
MEDICAL MARIJUANA REGISTRY - The registry established by the Pennsylvania Department of Health for all medical marijuana organizations and practitioners.
Section 3. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XVI, C 1 Commercial Districts, §155-71, Use Regulations, shall be amended by the addition of a new subsection X, to provide as follows:
Article XVI. C 1 Commercial Districts
§155-71 Use regulations.
A building or combination of two or more buildings, which shall include a condominium, may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
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X. Medical Marijuana Dispensary, subject to the following:
(1) A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
(2) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(4) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.
(5) Permitted daily hours of operation of a medical marijuana dispensary shall be 8:00 am to 8:00 pm.
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(6) A medical marijuana dispensary shall:
(a) Not have a drive-through service;
(b) Not have outdoor seating areas;
(c) Not have outdoor vending machines;
(d) Prohibit the administering of or the consumption of medical marijuana on the premises; and
(e) Not offer direct or home delivery service.
(7) A medical marijuana dispensary may only dispense medical marijuana to certified patients and medical marijuana caregivers, and shall comply with all lawful, applicable state and local health regulations.
(8) A medical marijuana dispensary shall comply with the separation requirements set forth in the Medical Marijuana Act. The separation distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(9) Parking requirements will follow the parking schedule for retail uses applicable to the district in which the dispensary is located.
(10) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(11) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
Section 4. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XVIIB, Mixed-Use Special Transportation District, §155-87.21, Use Regulations, subsection C, shall be amended by the addition of a new paragraph (4.1), to provide as follows:
Article XVIIB. Mixed-Use Special Transportation District
§155-87.21 Use regulations.
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A building may be erected or used and a lot may be used or occupied only for the purposes listed below. The applicant is encouraged to create a mixed-use development. Developments shall adhere to the development design standards in § 155-87.25.
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C. The following uses are permitted on grade level and upper level floors:
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(4.1) Medical marijuana dispensary subject to the regulations at §155-71(X).
Section 5. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XVIII, M Manufacturing and Industrial Districts, §155-89, Use Regulations, shall be amended by the addition of new subsection FG, and H G to provide as follows:
Article XVIII. M Manufacturing and Industrial Districts
§155-89 Use regulations.
A. A building or combination of two or more buildings may be erected or used and a lot may be used or occupied for any lawful purpose, except for the purposes specified in Subsection B, and subject to the regulations set forth below.
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F. A lot may be used for a Medical Marijuana Dispensary, subject to the following:
(1) A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
(2) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(4) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of
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medical marijuana and unauthorized entrance into areas containing medical marijuana.
(5) Permitted hours of operation of a dispensary shall be 8:00 am to 8:00 pm [of the same calendar day].
A medical marijuana dispensary shall be a maximum of 5,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of twenty- five (25) percent of the gross floor area.
(6) A medical marijuana dispensary shall:
(a) Not have a drive-through service;
(b) Not have outdoor seating areas;
(c) Not have outdoor vending machines;
(d) Prohibit the administering of, or the consumption of medical marijuana on the premises; and
(e) Not offer direct or home delivery service.
(7) A medical marijuana dispensary may dispense only medical marijuana to certified patients and medical marijuana caregivers and shall comply with all lawful, applicable state and local health regulations.
(8) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private, or parochial school, a religious use, or a day- care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(9) A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic
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clinical research centers and the specific dispensary they serve, or with which they partner.
(10) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school, a religious use, or a day-care center.
(11) Parking requirements will follow the parking schedule for retail uses found in the Rock Hill Overlay District Parking Table 1.
(12) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(a) All accesses must secure the appropriate highway occupancy permit.
(13) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
F. A lot may not be used for a Medical Marijuana Dispensary, but may be used for a Medical Marijuana Grower/Processor when authorized as a conditional use in accordance with Article XXV, 155-141.2, subject to the following:
(1) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(2) The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which include sufficient space must be set aside for production, secure storage of marijuana seeds, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.
(3) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure exterior refuse containers.
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(4) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(5) Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school, religious use, or day-care center.
(6) Parking requirements will follow the parking schedule found in Article XX, Off- Street Parking Regulations, Section M. A minimum 20 feet buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.
(7) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a) All accesses must secure the appropriate highway occupancy permit.
(b) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(8) A medical marijuana grower/processor must be legally registered in the Commonwealth and possess a current valid Medical Marijuana Permit from the Pennsylvania Department of Health.
(9) Any odor must be managed by ventilation and exhaust equipment with operable filtration so that any odors are effectively confined to the interior of the building. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment that can be seen, smelled, or otherwise perceived beyond the facility.
(10) A plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(11) A minimum 50 feet buffer planting is required where a grower/processor facility adjoins a residential, hotel or apartment hotel use or district.
(12) The facility must not be within 3,000 feet of another medical marijuana grower/processor facility.
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(13) No pictures, photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any medical marijuana grower/processor facility or any sign associated therewith.
14) A medical marijuana grower/processor shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.
H. A lot may be used for Medical Marijuana Delivery Vehicle Office when authorized as a conditional use in accordance with Article XXV, § 155-141.2, and subject to the following:
(1) Parking requirements will follow the parking schedule found in Article XX, Section L, Office Buildings.
(2) A minimum 20 50 feet buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.
(3) Entrances and driveways to a Medical Marijuana Delivery Vehicle Office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(a) All accesses must secure the appropriate highway occupancy permit (State, township or borough).
(4) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
(5) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
(6) No pictures, photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any medical marijuana delivery vehicle office or any sign associated therewith.
(6)(7) A medical marijuana delivery vehicle office shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.
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Section 6. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XXXI, MC Medical Center District, §155-182, Use Regulations, shall be amended by the addition of new subsection s D.1 and D.2, to provide as follows:
Article XXXI. MC Medical Center District
§155-182 Use Regulations.
A building may be erected, altered or used, and a lot may be occupied or used, in whole or in part, for any of the following uses and no other, provided that such uses shall comply with the district regulations established in this article and all other applicable provisions of this chapter.
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D.1 Medical marijuana dispensary subject to the regulations at §155-71(X).
D.2 . Academic Clinical Research Center, subject to the following:
(1) Parking requirements will follow the parking schedule found in Article XX, Section 95 Facilities Required, Subsection O Medical Facilities, (4) Medical laboratory.
(2) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The academic clinical research center shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3) An academic clinical research center shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.
Section 7. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XXXII, BMMD Bryn Mawr Medical District, §155-191, Use Regulations, shall be amended by the addition of new subsection s D.1 and D.2, to provide as follows:
Article XXXII. BMMD Bryn Mawr Medical District
§155-191 Use Regulations.
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B. The following uses are permitted in the BMMD-2 District:
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(14) Medical marijuana dispensary subject to the regulations at §155-71(X).
(15) Academic Clinical Research Center, subject to the regulations at §155- 182(D.2).
Section 8. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XXXIII, ROHO Rock Hill Overlay District, §155-201, Use Regulations, shall be amended by the addition of new subsection s D, to provide as follows:
Article XXXIII. ROHO Rock Hill Overlay District
§155-201 Use provisions.
A building may be erected or used and a lot may be used or occupied for one or more of the uses set forth below:
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D. Medical marijuana dispensary, subject to the regulations at §155-71(X).
Section 9. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XXXIV, Bryn Mawr Village District, §155-212. Use regulations for BMV1, BMV3 and BMV4 Village Districts, Use regulations, Subsection A, shall be amended by the addition of a new subsection (1.1), Medical Marijuana Dispensary, to provide as follows:
Article XXXIV. Bryn Mawr Village District
§155-212 Use regulations for BMV1, BMV3 and BMV4 Village Districts
In the BMV1, BMV3 and BMV4 Village Districts, the following regulations shall apply.
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A. The following uses are permitted on grade level and upper level floors:
******* (1.1) Medical marijuana dispensary, subject to the regulations at §155-
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71(X).
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Section 10. The Code of the Township of Lower Merion, Chapter 155, Zoning, Article XXXV, City Avenue District, §155-217. City Avenue District: Regional Center Area (RCA), Section B. Use regulations, Subsection (2) shall be amended by the addition of a new subsection (a.1), Medical Marijuana Dispensary, and renumbering of subsequent sections to provide as follows:
Article XXXV. City Avenue District
§155-217 City Avenue District: Regional Center Area (RCA).
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B. Use regulations. A building or group of buildings may be erected or used and a lot may be used or occupied only for the purposes listed below:
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(2) Nonresidential uses.
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(a.1) Medical Marijuana Dispensary, subject to the regulations at §155- 71(X).
Section 11. Nothing in this Ordinance or in Chapter 155 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter 155 prior to the adoption of this amendment.
Section 12. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included
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Section 13. This Ordinance shall take effect and be in force from and after its approval as required by law.
Approved by the Board this day of , 2017.
BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION
______Daniel S. Bernheim, President
ATTEST:
______Jody L. Kelley, Secretary
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119 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION VALERIE A. ARKOOSH, MD, MPH, CHAIR MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., VICE CHAIR 610-278-3722 JOSEPH C. GALE, COMMISSIONER FAX: 610-278-3941• TDD: 610-631-1211 WWW.MONTCOPA.ORG Jody L. Holton, AICP EXECUTIVE DIRECTOR
February 17, 2017
SUBJECT: PA Act 16 – General Overview and Zoning
TO: Central Perkiomen Valley Regional Planning Commission
FROM: Jamie Magaziner, Community Planner, MCPC
The Pennsylvania Medical Marijuana Act (MMA), or Act 16, was passed on April 17, 2016. The Act allows for the growing, processing, and dispensing of medical marijuana to patients with qualifying medical conditions. The MMA is being implemented by the PA Department of Health, who has published temporary regulations to initiate the Medical Marijuana Program under Act 16. Topics covered by the regulations include general provisions, growers/processors, dispensaries, permitting, Safe Harbor Letters for minors with a serious medical condition, laboratories, and the establishment of medical marijuana regions. The Act permits two types of medical marijuana uses: growing/processing facilities, and dispensaries (Act 16 §601).
Each community or group of communities in a multi-municipal comprehensive planning region must provide for these two uses. The Montgomery County Planning Commission is working with our municipalities to help them develop zoning ordinance language that will help to regulate these new uses in a manner which is most appropriate for that community. The following provides a brief overview of some of the important aspects of the new law and the temporary regulations that are available thus far:
1. Eligible patients must qualify as having a “serious medical condition” or be “terminally ill”. Examples of such medical conditions include: cancer, HIV/AIDS, multiple sclerosis, Parkinson’s disease, glaucoma, epilepsy, seizures, Crohn’s disease, post-traumatic stress disorder, autism, and sickle cell anemia (Act 16 §103; Title 28 §1141.21).
2. Permitted forms of marijuana are: pill, oil, topical applications, tinctures, or liquid (Act 16 §303.b.2; Title 28 §1151.28). a. Plant material is not permitted, unless in the future it is recommended by the Medical Marijuana Advisory Board and approved by the Dept. of Health (Act 16 §303.b.3).
3. Permits for each type of facility will be issued across six regions, and these are consistent with the Dept. of Health’s existing districts. Montgomery County is in Region 1, the Department’s Southeast District, which also includes Berks, Bucks, Chester, Delaware, Lancaster, Philadelphia, and Schuylkill Counties.
120 4. Applications for grower/processor and dispensary permits are now posted online and will be accepted by the Dept. of Health from February 20-March 20, 2017. Phase I permits will include: a. Up to 12 grower/processor permits b. Up to 27 dispensary permits c. A person can only be granted one grower/processor permit or one dispensary permit
5. Region 1 dispensary permit breakdown: a. Berks, Bucks, Chester, Delaware, Lancaster Counties – 1 permit (each) b. Montgomery County – 2 permits c. Philadelphia County – 3 permits
6. Applicants may list two additional dispensary locations per permit application. a. For Region 1, for each of the seven permits located outside of Philadelphia, a dispensary applicant may only identify a second or third dispensary location within Philadelphia.
Act 16 Zoning
The Pennsylvania Department of Health has posted applications for grower/processor permits and dispensary permits on their website. The Department will accept applications between February 20 - March 20, 2017. Full implementation is expected by early 2018. We encourage Montgomery County municipalities to be proactive in adopting zoning amendments to provide for these facilities (growing/processing facilities, and dispensaries). The Montgomery County Planning Commission is currently assisting communities in developing zoning ordinance language.
The Medical Marijuana Act (§2107) and the associated temporary regulations (§1141.49) both contain the same language on zoning for medical marijuana facilities:
• A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district;
• A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district.
The following summarizes our general recommendations on zoning for growing/processing facilities and dispensaries.
• Definitions: o We recommend that municipalities adopt the list of defined terms as they are written in the Department of Health’s temporary regulations (§1141.21). o “Grower/processor”—A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the department under this act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19. o “Dispensary”—A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the department to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19.
121 • Location: o Growing/processing facilities should be located in industrial zoning districts. They shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district (§1141.49.a). . Medical marijuana may only be grown, stored, harvested or processed in an indoor, enclosed, secure facility which includes electronic locking systems, electronic surveillance and other features to be approved by the Dept. of Health (§1151.23.a).
o Dispensaries will be permitted in commercial districts. They shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same district (§1141.49.b). . Communities may wish to permit dispensaries only outside of the primary downtown or shopping district if more than one commercial district exists. . Good alternatives include a secondary downtown district or a more auto-oriented commercial district.
o Dispensaries may not be located (§1161.2.b): . Within 1,000 feet of the property line of a public, private or parochial school, or a day-care center; . At the same site used for growing and processing marijuana; . In the same office space as a practitioner or other physician.
o If dispensaries are not desirable in any existing commercial districts, they could be placed in industrial districts so long as other commercial uses are also permitted there.
• Standards o Zoning cannot place additional standards on medical marijuana facilities that are more restrictive than the standards that apply to other similar uses in the same district.
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