TOWNSHIP OF LOWER MERION
BUILDING AND PLANNING Wednesday, October 10, 2018 COMMITTEE 7:15 PM (Approximately)
Chairperson: Joshua L. Grimes, Elizabeth Rogan Vice Chairperson: George T. Manos, Todd M. Sinai
AGENDA
1. AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW
2. REQUEST BY ARDMORE INITIATIVE FOR A WAIVER OF TOWNSHIP CODE §111-4.2 AT THE CRICKET CRINGLE EVENT
3. CONDITIONAL USE APPLICATION - 501 & 507 Old Lancaster Road, Haverford, SD# 3806, Ward 4
4. PRELIMINARY SUBDIVISION PLAN - 501 & 507 Old Lancaster Road, Haverford, SD# 3806, Ward 4
5. TENTATIVE SKETCH PLAN - 450 Lancaster Avenue, Haverford School, Haverford, LD# 3809, Ward 4
6. TENTATIVE SKETCH PLAN - 900, 908, 920 and 922 Youngs Ford Road and 941 Black Rock Road, Gladwyne, Gladwyne Montessori School, LD# 3814, Ward 2
7. CERTIFICATE OF APPROPRIATENESS - 920 Youngs Ford Road, Gladwyne, Gladwyne Montessori School, Gladwyne Historic District, 18-21
8. REQUEST FROM AT&T TO INSTALL WIRELESS COMMUNICATION FACILITY ANTENNAS ON TOWNSHIP STREET LIGHTS
9. AUTHORIZATION TO INSTALL BUS SHELTER AT 45 BALA AVENUE
10. REAPPOINTMENT - ZONING HEARING BOARD
11. REAPPOINTMENT - HISTORICAL COMMISSION
12. BUILDING AND PLANNING DEPARTMENT DIRECTOR'S REPORT
13. AUTHORIZATION TO ADVERTISE PROPOSED ORDINANCE - Chapter 155, Zoning - Public School
1 14. BAMBOO ORDINANCE - TIME PERMITTING
2 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW
Consider for approval the release of funds held in escrow as Improvement Guarantees in accordance with Section 135-5 of the Township Code for the following:
27 Heckamore Subdivision Escrow Release No. 1 $100,134.00
310-324 Righters Mill Road Oddfellows Escrow Release No. 5 $16,335.00
The Arbors at Athens 120 E. Athens Avenue Escrow Release No. 7 $1,540.00
150 Monument Road Escrow Release No. 2 $137,720.00
Bryn Mawr Hospital Master Plan Escrow Release No. 6 $527,839.00
843, 847 & 859 Old Lancaster Road Escrow Release No. 13 $20,280.00 PUBLIC COMMENT ATTACHMENTS: Description Type Escrow Release Letters Backup Material
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AGENDA ITEM INFORMATION
ITEM: REQUEST BY ARDMORE INITIATIVE FOR A WAIVER OF TOWNSHIP CODE §111-4.2 AT THE CRICKET CRINGLE EVENT
Consider for recommendation to the Board of Commissioners approval of a request from Ardmore Initiative for a waiver of §111-4.2 of the Township Code for the sale/use of alcoholic beverages at the Cricket Cringle event being held on portions of Cricket Avenue and Cricket Terrace on November 30 and December 1, 2018. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Diagram Issue Briefing
21 TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing
Topic: Request from Ardmore Initiative for a waiver of Section 111.4.2 of the Township Code for the sale/use of alcoholic beverages at the Cricket Cringle event
Prepared By: Eric Persson, Economic Development Specialist
Date: October 2, 2018
I. Action to Be Considered by The Board:
Waive Township Code § 111-4.2 to permit patrons to possess open containers with alcoholic beverages and to serve alcoholic beverages in public Rights-of-Way within a regulated area on November 30 and December 1, 2018
II. Why This Issue Requires Board Consideration:
A provision in the First-Class Township Code allows for a market on Township property or Rights-of-Way. This provision allows the Board of Commissioners to permit this event by providing and establishing regulations for the area. This event requires a waiver of Township Code § 111-4.2 to serve and consume alcohol in the public Right-of- Way and to possess open containers in a public place for these days and times.
Code § 111-4.2 states: No person shall drink an alcoholic beverage, nor shall any person, firm, corporation or other organization possess an open container containing an alcoholic beverage, whether inside or outside of a motor vehicle or any part thereof, on or in any public place within the Township of Lower Merion.
III. Current Policy or Practice (If Applicable):
Current policy prohibits the consumption of alcohol in open containers in a public place. Current policy also requires approval from the Board of Commissioners to serve and consume alcohol in public Right-of-Way. This code provision has been waived for similar special events in Ardmore and other commercial districts in the Township.
IV. Other Relevant Background Information:
Over the last several years this event featuring artisans and merchant booths, food, and entertainment focusing on the holiday season has been successfully conducted in the Cricket Avenue area. The event set-up is proposed to start at 8 AM Friday morning on Cricket Avenue and removed by 9 PM Saturday. The event is proposed to be held 5:00 PM to 9:00 PM on Friday November 30, and 10 AM to 4 PM Saturday December
22 1st. There is no rain date. The sponsor will contact nearby businesses and residents to notify them of the event, street closure and restrictions. The event sponsors will supply their own security to monitor the area during the times when the area is not open to the public.
The proposed beverage purveyors are local businesses. Iron Hill Brewery, John Henry’s Pub and Tired Hands have requested permission to sell alcoholic beverages within the food area, which will be located on Cricket Terrace Penn’s Wood Winery may be participating as well.
Each establishment will maintain their respective requirements to prevent the sale of alcoholic beverages or use by those underage; provide their own event liability insurance; comply with any Montgomery County temporary food licenses and requirements and any stipulated by the Pennsylvania Liquor and Control Board (PLCB). All servers are paid employees of the participating restaurants and are certified under the Responsible Alcohol Management Program (RAMP) as established by the PLCB.
V. Impact on Township Finances:
The event sponsors will purchase the use of the metered spaces in the restricted area on Cricket Avenue.
VI. Staff Recommendation:
Staff recommends that the waiver be approved.
23
24 AGENDA ITEM INFORMATION
ITEM: CONDITIONAL USE APPLICATION - 501 & 507 Old Lancaster Road, Haverford, SD# 3806, Ward 4
Consider for recommendation to the Board of Commissioners approval of a conditional use application under Code §155-152, Zoning, as shown on the Preliminary Subdivision Plan. The Plan prepared by Momenee, Inc. dated February 27, 2018, last revised June 15, 2018 shows the demolition of the existing row of 11 garages and existing two-story utility building; subdivision of the two existing lots into four new lots; preservation of the existing homes on 507 Old Lancaster Road with the white clapboard home to remain on Lot 1 with the construction of a detached garage and the brown shingled home to be relocated onto Lot 4 with the construction of an addition to the house, a two-car detached garage and new driveway; construction of two new single family semi-detached dwellings on Lots 2 & 3 with detached two-car garages; and the construction of four stormwater management systems. The following relief is sought in the conditional use application:
A. To reduce the required 25-foot rear yard setback to five (5) feet on Lots 3 & 4 for the construction of detached garages; B. To reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage; C. To reduce the required 10-foot side yard setback to five (5) feet on Lot 3 for the construction of a detached garage. D. To reduce the required 30-foot front yard setback to 25.5 feet on Lots 2 & 3 for the construction of two single family semi-detached dwellings and 2.3 feet on Lot 4 for the relocation of an existing single-family detached dwelling; and E. To permit an increase in the maximum impervious surface on Lot 3 from 50% to 55%.
Expiration Date: 10/31/2018...... Zoning District: R6A/HROD
Applicant: Michael Main Applicant's Representative: John Ryan, Esquire Property Owner: C. William Johnston
On Monday, July 2, 2018, the Planning Commission recommended approval. The Hearing Officer's recommendation is attached. PUBLIC COMMENT ATTACHMENTS: Description Type Hearing Officer Recommendation Backup Material
25 BEFORE THE CONDITIONAL USE HEARING OFFICER LOWER MERION TOWNSHIP, MONTGOMERY COUNTY PENNSYLVANIA
CU Application #3806C
RECOMMENDATIONS FOR FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This conditional use application was filed by Michael Main seeking relief from setback and impervious surface requirements on properties located in the R-6A zoning district and soon to be included on the Historic Resource Inventory, pursuant to Code §155-152. The properties are also located in the Haverford Station Historic District. Conditional Use Hearings were held on July 31, 2018 and September 17, 2018 before the Conditional Use Hearing Officer.1
1. The Applicant is Michael Main (“Applicant”).
2. The Applicant’s attorney is John E. Ryan, Esq. (“Ryan”).
3. The Applicant is the equitable owner of two adjacent parcels comprising approximately .75 acres of land with frontage along Old Lancaster Road and backing up to the
R-5 SEPTA (Paoli/Thorndale) rail line (hereinafter referred to as the “Property”). Although the
Property is comprised of two parcels of land, it has three postal addresses: 501, 503 and 507 Old
Lancaster Road.
4. The Property is situated in the R-6A zoning district and is also within the
Haverford Station Historic District.
5. 501 Old Lancaster Road is a 9,896 square-foot triangular-shaped property improved with two structures: a two-story frame and masonry storage building and an attached one-story eleven-bay garage.
1 The Conditional Use Hearing Officer is authorized to conduct the hearing pursuant to Code §155-141.2.A.5.
26 6. The current title owner of 501 Old Lancaster Road has operated a full-service tree care company from this parcel for three generations. Some garage bays are rented to landscaping companies for vehicle and equipment storage. In 1948, the Zoning Hearing Board granted a special exception to allow the non-conforming use to continue and to allow certain structural alterations to the principal building on the property. Conditions of approval were no outside storage of equipment and no more than two commercial vehicles (not exceeding 1.5-ton capacity) could be stored inside the building. In 2007, the Zoning Hearing Board granted a special exception to expand the non-conforming use of the property to include an outside parking area of 600 square feet.
7. 507 Old Lancaster Road is a 17,296 square-foot property improved with two single family homes constructed in the late 19th century. The eastern most structure, a two-story wood and shingle residence, is referred to as 503 Old Lancaster Road. The western most structure, a two-story Victorian vernacular I-house, is referred to as 507 Old Lancaster Road.
8. The Applicant is seeking Preliminary Subdivision Plan approval to:
a. Demolish the existing one-story row of twelve garages and the existing two- story utility building (501 Old Lancaster Road);
b. Subdivide the two parcels into four new lots;
c. Preserve the existing residences on 507 Old Lancaster Road as follows:
i) The white clapboard house to remain on Lot 1 and the construction of a detached garage and new shared driveway;
ii) The brown shingled house to be relocated onto Lot 4 with the construction of an addition to the house, a two-car detached garage and a new driveway;
d. Construct two new single-family semi-detached dwellings on Lots 2 & 3 with two detached two-car garages; and,
e. Construct four stormwater management systems.
27 9. The Applicant also seeks Conditional Use Approval to:
a. Reduce the required 25-foot rear yard setback to five (5) feet on Lots 3 & 4 for the construction of detached garages;
b. Reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage;
c. Reduce the required 10-foor side yard setback to five (5) feet on Lot 3 for the construction of a detached garage;
d. Reduce the required 30-foot front yard setback to 25.5 feet on Lots 2 & 3 for the construction of two single family semi-detached dwellings and 2.3 feet on Lot 4 for the relocation of an existing single-family detached dwelling, and
e. Increase the maximum impervious surface on Lot 3 from 50% to 55%.
10. The Applicant appeared before the Historic Architectural Review Board (HARB) several times in 2017 and 2018. The HARB approved the following:
a. Subdivision of the Property into four lots as shown on the Momenee Inc. plan dated Nov. 27, 2017;
b. Moving the primary residence at 503 Old Lancaster Road approximately 60 feet eastward to a new location on Lot 4 as shown on the same Momenee Inc. plan. The Applicant will consider shifting the position of the house to the east or rotating it to be parallel to the setback;
c. Conceptual building footprints as shown on the Momenee Inc. site plan and the character and style of the conceptual design presented in the 3-D renderings submitted in this application. Included is the demolition of any and all of the existing garages on the site. Final review of building architecture and architectural details is pending;
d. Application of conditional use provisions of Zoning Code Article XXVIA in the Historic Resource Overlay District with respect to setback and impervious surface cover relief, as shown on the same site plan, subject to the approval of the properties’ designation as Class I historic resources;
e. Designation of the residence at 507 Old Lancaster Road and the residence proposed for relocation (currently 503 Old Lancaster Road) as Class I historic resources on the Lower Merion Township Historic Resource Inventory, effective upon receipt of all final and un-appealable approvals of the project and subject to any other approvals required.
28 11. Although the Property is located in a historic district, which is subject to HARB review, the Applicant also appeared before the Historical Commission as it is the only body empowered to make recommendations to add resources to the Historic Resource Inventory. The
Applicant requested Class II historic designation of two structures on 503 and 507 Old Lancaster
Road even though HARB had recommended Class I designation. The Historical Commission recommended adding both structures in the Haverford Station Historic District to the Historic
Resource Inventory as Class II resources. See, Historic Resource Impact Study, Ex. A-3. See also, Lower Merion Township staff memo from Christopher Leswing, Director of Building and
Planning to the Planning Commission, Ex. T-2.
12. The Applicant seeks conditional use approval to reduce required setbacks and exceed impervious surface limits applicable to the Property pursuant to Code §155-152C. Main offers permanent façade easements on the Historic Resources, as well as extinguishment of the pre-existing, non-conforming commercial uses at 501 Old Lancaster Road, in consideration of conditional use approval.
13. The Board of Commissioners may authorize deviations from bulk, area and setback requirements by conditional use approval, pursuant to Code §155-152.
14. The Montgomery County Planning Commission reviewed the Preliminary
Subdivision Plans and recommended approval with conditions on April 4, 2018. (Ex. T-2.)
15. The Lower Merion Planning Commission reviewed the conditional use application and Preliminary Subdivision Plans on July 2, 2018 and recommended approval. (Ex.
T-3.)
FIRST CONDITIONAL USE HEARING
16. The Conditional Use Hearing Officer conducted public hearings on July 31, 2018 and September 17, 2018.
29 17. Andrea Campisi, Senior Planner in the Lower Merion Township Building and
Planning Department, offered three (3) documents into evidence:
a. Proof of publication of the hearing notice (Exhibit T-1);
b. Lower Merion Township staff memo from Christopher Leswing to Planning Commission dated 6/29/18 (Exhibit T-2);
c. Lower Merion Planning Commission recommendations dated 7/2/18 (Exhibit T-3);
18. Greg Prichard, Historic Preservation Planner in the Lower Merion Township
Building and Planning Department, testified the Applicant’s original intention was to retain one historic resource, demolish the second historic resource and construct three new residences. The
Applicant subsequently amended his plan to retain the second historic residence in a new location and construct two new residences. The proposal has come before HARB numerous times and has also been reviewed by the Historical Commission. Both residences are anticipated to be added to the Lower Merion Historic Resource Inventory as Class II resources. 501 Old
Lancaster Road’s current use is non-conforming, pre-existing commercial. HARB and the
Historical Commission view the Preliminary Subdivision Plan and the conditional use application favorably.
19. The Applicant offered five (5) documents in support of its conditional use application into the record:
a. Photos and Floor Plans for “Heritage at Haverford” (Exhibit A-1);
b. Engineering Plans by Momenee, Inc. dated 2/27/18 (Exhibit A-2.a-j):
Sheet 1 Illustrative Site Plan; Sheet 2 Record Plan; Sheet 3 Vicinity/Conservatory Plan; Sheet 4 Existing Conditions/Demo Plan; Sheet 5 Grading/Utility Plan; Sheet 6 Erosion and Sediment Plan; Sheet 7, 8, 9 Construction Details (three sheets); and
30 Sheet LP1 Landscape Plan.
c. Historic Resource Impact Study dated 7/14/17 (Exhibit A-3);
d. Memorandum of Law in Support of Applicant (Exhibit A-4);
e. Cost Summary for Homes at Heritage at Haverford (Exhibit A-5);
20. John E. Ryan, the Applicant’s attorney, testified 501 Old Lancaster Road is currently used by several landscape companies which operate businesses from the two-story structure and multiple garages. They are pre-existing, non-conforming commercial uses in the
R6A residential zone and Haverford Station Historic District. The Applicant’s proposed residential development will extinguish the commercial uses, subdivide two parcels into four lots, and bring the property into compliance with the underlying residential zoning. The proposed homes are consistent and harmonious with the surrounding neighborhood. The architectural integrity of the two historic resources will be carefully preserved and enhanced. The public welfare and interest are promoted through the elimination of the unsightly landscaping uses which is totally at odds with the residential and historic character of the neighborhood. The proposed plan isn’t economically viable without all four proposed residences (two renovated historic resources and two new semi-detached dwellings, as well as four detached garages.)
21. Two witnesses testified in support of the Application:
a. Michael Main, the Applicant;
b. David R. Fiorello, PE, PLS, Principal, Momenee, Inc. (Engineer)
22. Michael Main, a resident of 577 Barrett Avenue, Haverford is the equitable owner of the Property. The title owner is William C. Johnston whose family has owned and operated a tree company from 501 Old Lancaster Road for decades. In recent years, Johnston has leased garage bays to numerous landscaping companies for vehicle and equipment storage. The commercial tenants generate traffic in the surrounding residential neighborhood and historic
31 district. Main envisions demolishing the garages and thereby ending the commercial uses, then subdividing and developing the Property as “Heritage at Haverford.” The subdivision will include two historic resources preserved in perpetuity and two new semi-detached dwellings, as well as four detached garages. Main testified the project isn’t economically viable without four dwellings and submitted a cost summary in support of his statement (Ex. A-5).
23. David R. Fiorello, PE, PLS, (“Fiorello,”) is an employee of Momenee, Inc. He is a registered engineer in the Commonwealth of Pennsylvania and prepared the plans for Heritage at Haverford submitted by the Applicant (Ex. A-2).
24. Fiorello testified existing conditions on the Property include a one-story garage with fourteen bays2 and an “L” shaped structure on Lot 2. The one-story garage was constructed in the early 20th century. There are rail lines abutting the rear property line located 2-4 feet below grade sloping downward to the west. (See Ex. A-2, sheet 2 “Existing Conditions Plan”). The
Property is zoned R-6A and is located in the Haverford Station Historic District, subject to the
HROD.
25. The proposed Preliminary Subdivision Plan creates four lots improved as follows:
Lot 1 Historic Resource, detached two-car garage and shared driveway;
Lot 2 New semi-detached residential dwelling with detached two-car garage and shared driveway;
Lot 3 New semi-detached residential dwelling with detached two-car garage and private driveway;
Lot 4 Historic Resource with detached two-car garage and private driveway.
(See Ex. A-2, sheet 1 “Illustrative Site Plan”)
2 The existing garages have been variously described as eleven bays (Historic Resource Impact Study); twelve bays (Applicant and Planning Commission) and fourteen bays (Engineer Fiorello). The discrepancy may arise from two garage bays in the two-story structure and numerous garage bays in the detached one-story garage. The actual number is somewhat academic because the Applicant proposes to demolish all existing garages on the Property.
32
26. Fiorello testified the Preliminary Plan has been significantly revised in response to feedback from HARB, the Planning Commission, and Township staff. The original plan set called for demolishing one of the historic resources, but after receiving input from HARB, it is being retained, renovated and expanded. Other revisions include shifting three residences westward to conform with setbacks; eliminating one driveway and curb cut to reduce impervious surface coverage; and adding wrap around porches on the twin houses in response to the
Montgomery County Planning Commission’s recommendations.
27. The landscaping plan depicted on Ex. A-2, sheet LP1 was drawn by a registered landscape architect and reviewed by Fiorello. Likewise, all other plans were reviewed by
Fiorello.
28. Michael Byrne, a resident of Lower Merion Township, questioned the proposed development at the conditional use hearing. He stated baseline conditions at the Property are an undesirable nonconforming use, but the proposed plans are not de minims relief. Byrne questioned whether the proposed development is in the best interest of Lower Merion Township if it creates a precedent for future development. Campisi stated that the proposed density is permitted by Code, but siting requires conditional use relief. Main and Ryan explained that existing garages violate Code’s rear yard setback ordinance and proposed garages will be situated in the identical location, just fewer of them. They also explained that the commercial use will be abandoned resulting in less commercial traffic in the neighborhood. After this exchange
Byrne stated the proposed land development is a “no-brainer.”
SECOND CONDITIONAL USE HEARING
29. Prichard reported that the applicant met with HARB on September 11, 2018.
Prichard added that HARB recommended approval of the conditional use application with
33 conditions, citing compliance with the Secretary of the Interior’s Standards 2, 6 and 9, and submitted them into evidence. (Ex. T-4.) Main testified that his architect will make changes and then a three-member subcommittee of HARB will review them.
30. Ryan testified that Main testified that all requirements for conditional use relief have been met. Granting such relief will result in commercial uses being eliminated and less traffic in the neighborhood. He has sent draft covenants for the historic resources to Solicitor Gil
High, Esq. and will continue working with him.
31. Main testified that he accepts HARB’s recommendations and requested changes will be submitted within 48 hours. He described the entire project as a “beautiful thing” because a “pre-existing commercial use will be transformed into pure residential use.” Main stated the non-conforming landscaping use will be permanently abandoned as part of conditional use approval. The proposed land development will enhance the aesthetics of the neighborhood and create an attractive gateway into this section of Haverford. He believes that beautification of the
Property and demolition of the existing garage structures will be an incentive for other homeowners to beautify their own properties. Moreover, there will be less noise and dust from landscaping trucks in the neighborhood.
32. Lastly, Prichard testified that HARB has always felt that the proposed conversion of uses is a benefit of this project. He explained that the one-story garages where originally built for use of nearby residents in the early 20th century, but eventually architecture adapted to include garages with residences and they stopped being used by residents and commercial use began.
33. All exhibits submitted into evidence were accepted into the record without opposition and the conditional use hearing closed.
34 APPLICABLE ORDINANCES
34. Lower Merion Township’s Historic Resource Overlay District (“HROD”) recognizes as a matter of public policy that the preservation and protection of buildings, structures and sites of historic, architectural, cultural, archeological educations and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Lower Merion Township, Code §155-149.
35. The HROD is intended to meet the following objectives:
A. Promote the general welfare by protecting the integrity of the historic resources of Lower Merion Township; B. Establish a clear and public process by which proposed land use changes affecting historic resources can be reviewed; C. Discourage the unnecessary demolition of historic resources; D. Provide incentives for the continued use of historic resources and to facilitate their appropriate reuse; E. Encourage the conservation of historic settings and landscapes; F. Promote the retention of historical integrity in the context of proposed land use and/or structural changes; G. Identify historic resources in the community and to create a Historic Resource Inventory, to the end that the portion of such resources available to the public view might be preserved.
36. “Historic resource” is defined as “all historic buildings, sites, objects and historic districts which are designated on the Historic Resource Inventory,” Code §155-155-149.1.
33. The Board of Commissioners may, by conditional use, grant relief from setback and impervious surface requirements pursuant to Code § 155-152:
Bulk, area and setback requirements
Provided that the guarantee referenced in § 155-153.B.4 has first been submitted and approved, the requirements of the underlying zoning district relating to building area, impervious surfaces, and front, side and rear yard setbacks may be modified up to 15% with respect to Class I and Class II historic resources, subject to obtaining a recommendation from either the Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, and to obtaining conditional use approval from the Board of Commissioners. These modifications shall apply to the area of the lot as it existed on March 15, 2000.
35 A. Where the requirements are modified pursuant to this section, the applicant must demonstrate to the satisfaction of the Board of Commissioners that the degree of relief required to accommodate the reasonable development, use or enhancement of the historic resource;
B. The additional building area and impervious surface coverages permitted by this section may not exceed 50% of the building area of the historic resource(s) subjected to the § 155-153(B) guarantee;
C. Where the requested relief is determined by the Board of Commissioners to be essential to the preservation of the historic resource because without such relief it would not be physically or economically possible to maintain the historic resource, the Board of Commissioners may, by conditional use, reduce such requirements to a greater degree than permitted by this section to protect the historic resource.
37. Specific requirements for conditional use approval are set forth in Code §155-153.
38. 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
36 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. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
39. The Applicant seeks to reduce the required 25-foot rear yard setback to five (5) feet on Lots 3 & 4 for the construction of detached garages per Code §155-152.
40. The Applicant has established through credible testimony of Engineer Fiorello and engineering plans (Ex. A-2) that reducing the rear yard setback on Lots 3 & 4 is necessary to
37 accommodate reasonable development and enhancement of the historic resource, as set forth in
Code §155-152.
41. The Applicant seeks to reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage.
42. The Applicant has established through credible testimony of Engineer Fiorello and engineering plans (Ex. A-2) that reducing the side yard setback on Lots 4 & 1 is necessary to accommodate reasonable development and enhancement of the historic resource, as set forth in
Code §155-152.
43. The Applicant seeks to reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage.
44. The Applicant has established through credible testimony of Engineer Fiorello and engineering plans (Ex. A-2) that reducing the side yard setback on Lots 4 & 1 is necessary to accommodate reasonable development and enhancement of the historic resource, as set forth in
Code §155-152.
45. The Applicant seeks to reduce the reduce the required 10-foor side yard setback to five (5) feet on Lot 3 for the construction of a detached garage.
46. The Applicant has established through credible testimony of Engineer Fiorello and engineering plans (Ex. A-2) that reducing the side yard setback on Lots 3 is necessary to accommodate reasonable development as set forth in Code §155-152.
47. The Applicant seeks to reduce the required 30-foot front yard setback to 25.5 feet on Lots 2 & 3 for the construction of two single family semi-detached dwellings and 2.3 feet on
Lot 4 for the relocation of an existing single-family detached dwelling.
38 48. The Applicant has established through credible testimony of Engineer Fiorello and engineering plans (Ex. A-2) that reducing the front yard setback on Lots 2 & 3 is necessary to accommodate reasonable development. Additionally, Applicant has established through credible evidence that reducing the front yard setback on Lot 4 is necessary to accommodate reasonable development and enhancement of the historic resource, as set forth in Code §155-152.
49. The Applicant seeks to increase the maximum impervious surface on Lot 3 from
50% to 55%.
50. The Applicant has shown through his testimony, Engineer Fiorello’s testimony, engineering plans (Ex. A-2) and document entitled “Cost Summary” (Ex. A-5) that increasing impervious surface coverage to 55% on Lot 3 is necessary because without such relief it would not be physically or economically feasible to maintain the historic resources on Lots 1 and 4.
51. 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) the Township Engineer and the Montgomery County Planning
Commission.
52. The Applicant has demonstrated granting the conditional use shall not only preserve the character of the neighborhood but also improve it by abandoning non-conforming commercial uses and returning to residential uses on the Property. This evidence shows compliance with Code §155-141(B)(3).
53. 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
39 be accommodated in a safe and efficient manner and will be less than is currently generated by multiple commercial uses on the Property.
54. 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-2).
55. Sufficient plans, studies and other data showing compliance with the regulations for the permitted use have been submitted to Township Staff, the Lower Merion Planning
Commission and the Hearing Officer pursuant to Code §155-141(B)(6),
56. 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
57. The Applicant’s preliminary subdivision and land development plans are thoughtfully designed to preserve two historic residential dwellings, demolish eyesore garages in the Haverford Station Historic District, extinguish grandfathered commercial uses and redevelop the Property for residential use. The proposed residential dwellings will preserve and improve the character of the neighborhood by generating less traffic than the current commercial uses by an arborist and several landscaping companies.
58. Requests for relief from various setback requirements arise from the irregular triangular shape of the land and, if granted, will allow historic resources to be renovated and two new semi-detached dwelling houses to be built. Four newly constructed detached garages will be sited in the same location in the rear yard setback area as existing garages, just far fewer in number. The proposed siting is a great improvement over existing conditions and the Applicant needs flexibility to develop the irregularly shaped property. The Applicant has worked with the
40 Planning Commission, HARB and the Montgomery County Planning Commission and
Township Staff for over a year. He has modified his plans several times to comply with their recommendations.
59. The Applicant’s request for 55% impervious surface coverage on Lot 3 is directly related to preserving the historic resource on adjacent Lot 4 in perpetuity. Engineering plans have already been modified to reduce one driveway and associated impervious surface coverage on Lots 3& 4, and an additional 5% is reasonable under these circumstances.
60. This well-integrated development appears in keeping with the character, scale and architecture of the surrounding historic district. It will provide an attractive new gateway into the neighborhood and preserve two historic resources. For the reasons set forth above, the following
Order is recommended to the Board of Commissioners.
ORDER
AND NOW on this ___ day of October, 2018, the application of Michael Main for
conditional use approval to reduce front, rear and side yard setbacks and increase impervious
surface coverage on Lot 3 to 55% pursuant to the Zoning Code of the Township of Lower
Merion is granted.
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
41 AGENDA ITEM INFORMATION
ITEM: PRELIMINARY SUBDIVISION PLAN - 501 & 507 Old Lancaster Road, Haverford, SD# 3806, Ward 4
Consider for recommendation to the Board of Commissioners approval of a Preliminary Subdivision Plan. The Plan prepared by Momenee, Inc. dated February 27, 2018, last revised June 15, 2018 shows the demolition of the existing row of 11 garages and existing two-story utility building; subdivision of the two existing lots into four new lots; preservation of the existing homes on 507 Old Lancaster Road with the white clapboard home to remain on Lot 1 with the construction of a detached garage and the brown shingled home to be relocated onto Lot 4 with the construction of an addition to the house, a two-car detached garage and new driveway; construction of two new single family semi-detached dwellings on Lots 2 & 3 with detached two-car garages; and the construction of four stormwater management systems.
The application requires the following relief which was recommended for approval by the Planning Commission: A. Subdivision & Land Development Code Section 135-35A, to create irregularly shaped lots. B. Subdivision & Land Development Code Section 135-28.A, to permit a reduction in the width of the sidewalk to the minimum necessary to allow for the retention of the existing retaining wall along the frontage of Lot 1 and to allow four-foot sidewalks along the rest of the frontage. C. Subdivision & Land Development Code Section 135-30, to deviate from the minimum spacing of street trees along Lot 1. D. Subdivision and Land Development Code Section 135-27K, to not dedicate additional right of way along Old Lancaster Road to meet the minimum right of way width of 50 feet.
Expiration Date: 10/31/2018...... Zoning District: R6A/HROD
Applicant: Michael Main Applicant's Representative: John Ryan, Esquire Property Owner: C. William Johnston
On Monday, July 2, 2018, the Planning Commission recommended approval subject to the following conditions which shall be complied with prior to recording the Final Plan by means of plan revision, completion or financial guarantee, unless specifically exempted.
Township Engineer’s Review Letter:
1. The Township Engineer’s review letter dated June 25, 2018 shall be incorporated by reference into these conditions of approval except where inconsistencies exist in which case these conditions shall prevail.
Conditional Use/Historic Buildings:
2. The applicant shall obtain conditional use approval and shall comply with any conditions imposed. The conditional use conditions shall be listed on the Final Plan.
42 3. The applicant shall obtain approval to add the existing residential structures to the History Resource Inventory prior to approval of the Preliminary Plan and Conditional Use applications.
Zoning:
4. The impervious surface for the common driveway on Lots 1 and 2 shall either be evenly allocated amongst the lots served or shall be otherwise allocated in a recorded covenant that is subject to the approval of the Township Solicitor.
5. The detached garages shall not exceed 15 feet in height.
6. An As-Built Plan shall be submitted following completion of the construction demonstrating compliance with impervious surface limits.
7. The chimney projection on Lot 4 shall not exceed more than 18 inches into the side yard setback.
Architectural Elevations:
8. The proposed dwellings and accessory structures shall be constructed substantially as shown on the architectural elevations acted upon by HARB. All future elevations and renderings submitted to the Township for review shall be attributed and dated.
9. Final elevations and renderings of all sides of each proposed dwelling and all accessory structures, with all materials listed and keyed to the elevations, shall be submitted with the Final Plan.
10. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.
Landscape Plan:
11. The applicant shall obtain approval from the Shade Tree Commission for the location and species of all proposed street trees.
12. All existing trees to remain shall be devined.
13. A revised landscape plan complying with Natural Features Code Sections 101-9 and 101-5B, Zoning Code Section 155-167.7, Subdivision and Land Development Code Section 135-30 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.
14. The wooded lot calculations shall be subject to the approval of the Township Arborist. The total number of trees removed and impacted by the proposed construction shall be listed.
15. The landscape plan shall indicate whether the plant material provided is a deciduous tree or shrub. All plant material shall meet the minimum size requirements contained in Natural Features Code Section 101-9B.2.b.
16. The applicant shall provide native or non-invasive adapted plant species on the landscape plan.
Stormwater Management:
17. The bottom elevation for SWMS 1.2, riser elevation for Temporary Basin No. 1 and spillway width for Temporary Basin No. 2 indicated in the details shall be revised to match the plans and calculations.
43 18. The observation ports shown in the detail section for seepage bed SWMS 1.1 shall also be shown in the detail plan view.
19. All inlets in non-paved areas shall be graded in a twelve (12”) inch sump condition to increase the efficiency of runoff collection. This shall include the temporary grading condition. Spot elevations shall be added to the plan to clarify grading.
20. The Township inlets receiving the outflow pipe connections shall be noted on the Grading and Utility Plan to be repaired/replaced as required or as directed by the Township Engineer.
Plan Requirements: 21. The existing impervious summary table shall be further clarified. A detailed itemized breakdown of all impervious to be removed shall be tabulated.
22. The impervious surface and building area percentages listed in the zoning table on the Record Plan shall be revised to be consistent with the percentages shown on the plans and listed for the lots.
23. Additional dimensions of all proposed impervious areas (dwelling, garage, driveway, patio, etc.) shall be provided to clearly define the limits.
24. The paving section for the common drive shall be shown on the plan and it shall comply with Township street standards.
Utilities:
25. The location of all existing utilities shall be shown on the plan from the structure to the mains. It shall be clearly noted on the plan where existing utilities are to be disconnected and removed.
26. The pipe calculations shall be revised to show that the garage on Lot 4 is not routed to Inlet No. 4.1. The pipe slope shall be corrected in the calculations.
27. The applicant shall document compliance with the notification requirements of the Federal Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) and shall submit an Asbestos Abatement and Demolition/Renovation form to the Pennsylvania Department of Environmental Protection and the EPA at least 10 days prior to commencing demolition. Copies of these documents shall be provided to the Township prior to the issuance of a building permit.
28. The applicant shall submit a demolition plan with the Final Plan. The demolition plan shall indicate how dust and other air particles will be controlled, the procedure for demolishing the buildings and how the demolished building materials will be removed from the site. If asbestos or any other regulated hazardous material exists within the building, it shall be removed and certifications to that effect shall be filed with the Pennsylvania Department of Environmental Protection. Notice of demolition shall be provided by posting of the site at least seven days in advance of the proposed demolition.
29. During demolition of the existing structure the applicant shall ensure that the contractor takes appropriate measures to minimize dust at all times during active demolition. Multiple hoses and/or a water truck shall be provided on site to continually spray the building during demolition. The demolition plan shall include the specific water measures to be used to reduce the dust during demolition.
Construction Details:
30. A detail of the proposed retaining walls shall be provided. Calculations shall be provided for wall heights
44 exceeding four (4’) feet. Additional top and bottom of wall elevations shall be provided to clarify the design.
31. The radii at the driveway curb returns shall be dimensioned on the plan.
32. Full reveal and depressed granite curb shall be shown on the plan and installed on the property frontage.
33. A depressed granite curb detail shall be provided. Notes shall be added to the granite curb detail that include the following: The depressed curb height for the driveway shall be ¼ inch for each inch of existing curb reveal. An additional concrete support is needed mid-span of each section of depressed curb in the driveway area.
34. 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 vehicles operated by construction workers, material suppliers, product vendors, and all construction trades engaged in the project.
Standard Conditions of Approval:
35. 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 building permits for each house to be constructed or for any common outdoor lighting. 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. The plan shall also comply with Chapter 105-21, Outdoor lighting directing light onto residential properties.
36. The lighting plan shall be designed to comply with the applicable provisions of the 2009 IECC or the 2007 ASHRAE Standard 90.1.
37. Second Stage Plan approval shall be obtained from the Planning Commission and Board of Commissioners for the proposed improvements on Lots 1-4 if substantial changes are made to the proposed layouts as determined by Township staff. Architectural elevations of the proposed homes, including a list of materials, shall be submitted with any required Second Stage Plan application.
38. All easements shall be subject to the approval of the Township Solicitor.
39. New deeds shall be recorded for all lots after the Final Plan has been recorded. The following restrictions, to be verified by the Building and Planning Department, shall be placed in all deeds:
40. The continued operation and maintenance of all stormwater management facilities are the responsibility of the property owner.
41. 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.
42. 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.
43. The Final Plan shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Preliminary Plan approval.
45 44. 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).
45. The owner will 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.
46. 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.
47. The property owner(s) shall comply with all federal, state, county and applicable Lower Merion Township ordinances and laws regardless of specific mention herein.
PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Township Engineer's Letter Backup Material Montgomery County Planning Commission Review Letter Backup Material
46 6.
June 29, 2018
TO: Planning Commission Members
FROM: Christopher Leswing, Director, Building and Planning Department
SUBJECT: PRELIMINARY SUBDIVISION & CONDITIONAL USE PLAN – 501 & 507 Old Lancaster Road, Haverford, SD# 3806 & 3806C, Ward 4
Update The Planning Commission reviewed this application at their May 7, 2018 meeting. The applicant tabled the application following discussion on the following topics: The location of the proposed driveways, garages, and pathways; The proposed architecture of the new homes; The number of proposed units and type (single family vs. twins); and The appropriateness and size of the porches.
The applicant resubmitted plans showing the following revisions: The homes on Lots 2, 3 & 4 have been shifted approximately six (6) feet westward and Conditional Use approval is no longer needed to reduce the rear yard setback on Lots 1 & 2; The curb cut and driveway serving Lot 1 has been eliminated and a shared driveway has been created to serve Lots 1 & 2. This reduces the amount of grading that must occur which preserves the majority of the existing stone retaining wall located along the frontage of Lot 1 and eliminates the Conditional Use request to reduce the side yard setback on Lot 2; The driveway on Lot 3 has been straightened, reducing its visual impact on the streetscape; The pathways on Lots 1-3 have been relocated to connect the houses to the public sidewalk; The porches proposed for the homes on Lots 2 & 3 have been widened and extended to wrap the corner of the twin homes; and The impervious surface of the overall development has been reduced by 436 sq. ft. However, the impervious surface proposed on Lot 3 has been increased from 53% to 55%, where only 50% is permitted, due to the shifted lot lines, thereby increasing the Conditional Use request.
Many of the layout issues identified by the Planning Commission have been either partially or completely addressed by the applicant on the attached revised plan. The applicant has also provided a Cost Summary (attached) to demonstrate the need to construct twins rather than a single-family detached dwelling. An updated list of outstanding issues is provided below.
1
47 Proposal The applicant, Michael Main, is seeking Preliminary Subdivision Plan approval for the following:
Demolition of the existing row of 11 garages and existing two-story utility building; Subdivision of the two existing lots into four new lots; Preservation of the existing homes on 507 Old Lancaster Road with the white clapboard home to remain on Lot 1 with the construction of a detached garage and new shared driveway and the brown shingled home to be relocated onto Lot 4 with the construction of an addition to the house, a two-car detached garage and new driveway; Construction of two new single family semi-detached dwellings on Lots 2 & 3 with two-car garages; and Construction of four stormwater management systems.
The applicant also submitted an application to add the properties as Class II resources on the Township’s Historic Resource Inventory. A Conditional Use application was also submitted seeking relief from the Historic Resource Overlay District, Zoning Code Section 155-152 as follows:
To reduce the required 25-foot rear yard setback to five (5) feet on Lots 3 & 4 for the construction of detached garages; To reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage; To reduce the required 10-foot side yard setback to five (5) feet on Lot 3 for the construction of a detached garage. To reduce the required 30-foot front yard setback to 25.5 feet on Lots 2 & 3 for the construction of two single family semi-detached dwellings and 2.3 feet on Lot 4 for the relocation of an existing single-family detached dwelling; and To permit an increase in the maximum impervious surface on Lot 3 from 50% to 55%.
The proposal is illustrated on the attached nine sheet plan set dated February 27, 2018, last revised June 15, 2018, prepared by Momenee, Inc. Also submitted were architectural renderings prepared by RHC Design LLC, dated June 25, 2018 and a Landscape Plan prepared by Lisa Roth, dated February 27, 2018, last revised June 27, 2018.
Property Description Both properties are irregularly shaped, are located along Old Lancaster Road and back up to the Paoli/Thorndale Rail Line. The properties are located within the R-6A Zoning District as well as the Haverford Station Historic District.
501 Old Lancaster Road The 9,896 square-foot triangular-shaped property is improved with a two-story frame and masonry storage building with an attached one-story garage. For three generations, the current owner has operated a full-service tree-care company from the property, which is a nonconforming use in this residential district.
In a 1948 decision, the Board granted a special exception to allow the nonconforming use to continue and to allow certain structural alterations to the principal building on the property. The relief was granted on the conditions that there be no outside storage of equipment and that no more than two commercial vehicles (not exceeding 1½ ton capacity) could be stored there, inside the building. In 2007 the Zoning Hearing Board granted a special exception under Code §155-99.B to expand the nonconforming use of the property to include an outside parking area of 600 square feet.
2
48 507 Old Lancaster Road The 17,296 square-foot property is improved with two single family buildings. The western most structure (referred to as 507 Old Lancaster Road) is a two-story Victorian vernacular I-house. The eastern most structure (referred to as 503 Old Lancaster Road) is a two-story wood and shingle structure.
Historic Architectural Review Board (HARB) & Historical Commission The applicant appeared before the HARB formally three times to review the proposal. The last appearance was on December 5, 2017, at which the HARB approved the following motion:
1) Subdivision of the property into four lots, as shown on the Momenee, Inc. plan dated November 27, 2017. 2) Moving the primary residence at 503 Old Lancaster Road approximately 60 feet eastward, to a new location on Lot 4 as shown on the same Momenee, Inc. plan. The applicant will consider shifting the position of the house to the east or rotating it to be parallel to the setback. 3) Conceptual building footprints as shown on the Momenee, Inc. site plan and the character and style of the conceptual design presented in the 3-D renderings submitted in this application. Included is the demolition of any or all of the existing garages on the site. Final review of building architecture and architectural details is pending. 4) Application of the conditional use provisions of Zoning Code Article XXVIA in the Historic Resource Overlay District with respect to setback and impervious surface cover relief, as shown on the same site plan, subject to the approval of the properties’ designation as Class I historic resources. 5) Designation of the residence at 507 Old Lancaster Road and the residence proposed for relocation (currently 503 Old Lancaster Road) as Class I resources on the Lower Merion Township Historic Resource Inventory, effective upon receipt of all final and un-appealable approvals of the project and subject to any other approvals required.
The HARB will review final architectural elevations prior to the Conditional Use Hearing. The applicant is scheduled to appear before the HARB at their July 24, 2018 meeting.
Despite being in a historic district, which is usually the domain of the HARB, the Township Code states that only the Historical Commission can recommend the addition of resources to the Historic Resource Inventory. Although the HARB recommended Class I designation, the applicant’s application to the Historical Commission for an inventory amendment requested Class II status. On February 26, 2018, the applicant appeared before the Historical Commission with a request to add the properties to the Historic Resource Inventory. The Commission passed the following motion:
Recommended adding the structures in the Haverford Station Historic District, currently 503 and 507 Old Lancaster Road, to the Historic Resource Inventory as Class II resources, as requested by the applicant, in accordance with Lower Merion Historic Resource Designation Criteria 1, 8, and 10.
On March 21, 2018 the Board of Commissioners authorized staff to prepare an ordinance to add the two contributing buildings on these properties to the Historic Resource Inventory, as Class II resources. The inventory amendment will be brought forward on the July 11, 2018 Building & Planning Committee meeting for them to consider authorizing the scheduling of a public hearing in September.
Montgomery County Planning Commission Review The County review letter is attached. The County recommendations have been either addressed on the attached plan or have been incorporated into the issues below as well as the recommended conditions of approval.
3
49 Conditional Use Application As stated above, the applicant is seeking Conditional Use approval under Zoning Code Section 155-152 to decrease the minimum required setbacks and increase the permitted impervious in the underlying zoning district.
Because this application involves a property that contains historic resources in a Historic District, and, pending approval, will be listed on the Township’s Historic Resource Inventory, it is subject to both the zoning requirements of the Historic Resource Overlay District (HROD) and the underlying R6-A zoning district. Zoning Code Section 155-152 allows the owner of a historic resource listed on the Inventory to request conditional use approval to decrease the minimum required setbacks and increase the permitted impervious subject to conditional use approval. This Section further states:
§ 155-152. Bulk, area and setback requirements.
Provided that the guarantee referenced in § 155-153B(4) has first been submitted and approved, the requirements applicable to the underlying zoning district relating to building area, impervious surfaces and front, side and rear yard setbacks may be modified by up to 15% with respect to Class I and Class II Historic Resources, subject to obtaining a recommendation from either the Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, and to obtaining conditional use approval from the Board of Commissioners. These modifications shall apply to the area of the lot as it existed on March 15, 2000. [Amended 7-17-2003 Ord. No. 3684]
A. Where the requirements are modified pursuant to this section, the applicant must demonstrate to the satisfaction of the Board of Commissioners that the degree of relief is required to accommodate the reasonable development, use or enhancement of the historic resource. B. The additional building area and impervious surface coverages permitted by this section may each not exceed 50% of the building area of the Historic Resource(s) subjected to the § 155-153B(4) guarantee. C. Where the requested relief is determined by the Board of Commissioners to be essential to the preservation of the Historic Resource because without such relief it would not be physically or economically feasible to maintain the historic resource, the Board of Commissioners may, by conditional use, modify such requirements to a greater degree than permitted by this section to protect the Historic Resource.
Should the conditional use be approved, the applicant is required to grant a Declaration of Covenants, Easements and Restrictions to the Township to permanently protect the historic resources on the property as required by Zoning Code Section 155-153.B.4 which states:
A means to guarantee the permanent protection of the historical integrity of the subject resource(s), such as the establishment of conservation easement(s) or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.
The Planning Commission must review this application to determine if it is in compliance with the conditional use standards and criteria which are attached. Staff supports the conditional use request for the following reasons:
The proposal furthers the Township’s historic preservation policy; The proposal enables the applicant to construct a development that is in keeping with the pattern of the existing neighborhood which is characterized by homes with front porches and rear detached garages; and The proposal enables the removal of an existing non-conforming commercial use in a residential neighborhood.
4
50 The Planning Commission’s recommendation will be presented to the Hearing Officer at the conditional use hearing which will be scheduled for late July.
R6A Zoning Requirements Single Family Detached Lot 1 Lot 4 Minimum Net Lot Area 5,000 sq. ft. per unit 8,722 sq. ft. 7,290 sq. ft. Minimum Lot Width 50’ 50’ 187’ Maximum Building Area 40% 19% 23% Minimum Front Yard 30’ 32’ 2.3’* Minimum Side Yard 8’ min, 20’ aggregate 5’ & 13.7’* 5’* Minimum Rear Yard 25’ 78’ 5’* Maximum Impervious Surface 50% 46% 36% (4,007 sq. ft.) (2,619 sq. ft.) Maximum Building Height 35’ <35’ <35’ Parking 2 Spaces per Unit 2 Parking Spaces 2 Parking Spaces *Conditional Use Sought
Single Family Semi- R6A Zoning Requirements Lot 2 Lot 3 Detached Minimum Net Lot Area 3,000 sq. ft. 5,401 sq. ft. 5,331 sq. ft. Minimum Lot Width 30’ 36’ 45’ Maximum Building Area 40% 27% 28% Minimum Front Yard 30’ 25.5’* 25.5’* Minimum Side Yard 10’ 16.9’ 5’* Minimum Rear Yard 25’ 40’ 5’* Maximum Impervious Surface* 50% 47% 55%* (2,538 sq. ft.) (2,931 sq. ft.) Maximum Building Height 35’ <35’ <35’ Parking 2 Spaces per Unit 2 Parking Spaces 2 Parking Spaces * Conditional Use Sought
Issues
1. Stormwater Management
In his review, the Township Engineer requested several adjustments to the proposed stormwater management systems. He noted that the stormwater calculations and plans contain inconsistencies and the recharge volume calculations need to be revised to accurately document compliance with the Township Code. These items have been included as conditions of approval by reference to the Township Engineer’s review letter.
Since the applicant requested Conditional Use approval to exceed the impervious area permitted on Lot 3 from 50% to 55%, Zoning Code Section 155-153.B.10 states:
Where the Board of Commissioners waives any requirement which thereby increases the rate or volume of stormwater generated on the property, the additional rate and/or volume of runoff caused by such waiver shall be controlled for the one- hundred-year storm. In his review the Township Engineer noted that the applicant has not demonstrated compliance with this requirement for Lot 3. A condition of approval requiring compliance has been included as a condition of approval by reference to the Township Engineer’s review letter.
5
51 2. Architecture
Because the property is located in a Historic District, the review of the proposed architecture is under the jurisdiction of the HARB. The applicant will return to HARB for final review of the architecture on July 24, 2018. At the May 7th Planning Commission meeting, Planning Commissioner Ross expressed concern regarding the design of the twins on Lots 2 & 3. The revised plan addresses many of his concerns including that the width of the porches has been increased, the faux dormers in the garages have been removed as have the undersized dormers on the homes on Lots 2 & 3. In addition, the gable dormers have been expanded to include windows on the twins.
Staff recommends HARB consider the following architectural elements on the twin homes to ensure that the development is compatible with the high-quality architecture found throughout the Haverford Station District:
The use of four over one windows, because the proportion of the fenestration is inappropriate in relation to the openings; and In-setting the proposed windows along the side elevations to ensure there is appropriate articulation.
Typically, staff includes a condition of approval that references the proposed architectural elevations. However, in this case since HARB has not completed their final review of the elevations, staff has included a condition stating that the proposal shall be constructed substantially as shown in the final elevations to be acted upon by HARB.
3. Landscape Plan
During their last review of the plan the Planning Commission commented that the species of the proposed street trees should be replaced with a tree with a larger canopy. The applicant has stated that he does not believe the space could accommodate a tree with a larger canopy. Staff has included a condition that the applicant obtain a recommendation from the Shade Tree Commission for the location and species of all proposed street trees.
The renderings show stone pillars along the frontage of Lots 2-4 but they are not shown on the site plan or considered in the impervious surface calculations. The applicant has stated that the pillars are no longer proposed and will be removed from the plan.
4. Relief
The applicant requested the following relief:
Subdivision & Land Development Code Section 135-35, to create lots which are irregular in shape.
Staff supports the requested relief as the existing lots are irregular. Lots 1, 2 and 3 have more than four sides and are irregularly shaped and Lot 4 is irregularly shaped.
Partial relief from Subdivision & Land Development Code Section 135-28.A, to permit a reduction in the width of the sidewalk to the minimum necessary to allow for the retention of the existing retaining wall along the frontage of Lot 1.
6
52 Staff supports the requested relief as the reduction in sidewalk width for Lot 1 allows for the preservation of the existing stone wall.
Partial relief from Subdivision & Land Development Code Section 135-30, to deviate from the minimum spacing of shade trees along Lot 1.
Staff supports the relief since the required number of street trees are provided but they are spaced closer than the minimum width of 30 feet on center. Due to the retention of the existing retaining wall, street trees are not proposed along the frontage of Lot 1.
Subdivision and Land Development Code Section 135-27K, to not dedicate additional right of way along Old Lancaster Road to meet the minimum right of way width of 50 feet.
The Township has no plans to widen the road given the location of the existing homes, therefore, staff supports the relief. This Code section requires subdivisions that adjoin streets that do not conform to the minimum right of way width to dedicate additional right-of-way along the impacted side of the road. The width of Old Lancaster Road in this location is 40 feet where 50 feet is required.
5. Action
The Planning Commission must take the following actions for this application:
1. Provide a recommendation on the Preliminary Subdivision Plan. 2. Provide recommendations on the following requested relief: a) Subdivision & Land Development Code Section 135-35, to create lots which are irregular in shape. b) Subdivision & Land Development Code Section 135-28.A, to permit a reduction in the width of the sidewalk to the minimum necessary to allow for the retention of the existing retaining wall along the frontage of Lot 1. c) Subdivision & Land Development Code Section 135-30, to deviate from the minimum spacing of shade trees along Lot 1. d) Subdivision and Land Development Code Section 135-27K, to not dedicate additional right of way along Old Lancaster Road to meet the minimum right of way width of 50 feet. 3. Provide recommendations on the following Conditional Use requests: a) To reduce the required 25-foot rear yard setback to five (5) feet on Lots 3 & 4 for the construction of detached garages; b) To reduce the required 8-foot side yard setback to five (5) feet on Lot 4 for the construction of an addition onto the existing house and to five (5) feet on Lot 1 for the construction of a detached garage; c) To reduce the required 10-foot side yard setback to five (5) feet on Lot 3 for the construction of a detached garage. d) To reduce the required 30-foot front yard setback to 25.5 feet on Lots 2 & 3 for the construction of two single family semi-detached dwellings and 2.3 feet on Lot 4 for the relocation of an existing single-family detached dwelling; and e) To permit an increase in the maximum impervious surface on Lot 3 from 50% to 55%.
7
53 54 55 56 57 58 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
April 4, 2018
Mr. Christopher Leswing, Director of Building & Planning Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003
Re: MCPC #18-0068-001 Plan Name: 501 & 507 Old Lancaster Avenue (4 lots/2 du on approximately 0.75 acres) Situate: Old Lancaster Avenue (N); Booth Lane (W) Township of Lower Merion
Dear Mr. Leswing:
We have reviewed the above‐referenced preliminary subdivision and land development plan in accordance with Section 502 of Act 247, "The Pennsylvania Municipalities Planning Code," as you requested on March 16, 2018. We forward this letter as a report of our review.
BACKGROUND
The applicant, Michael Main, proposes to consolidate the existing lots and subsequently subdivide the new lot into four lots. An existing home on proposed Lot 1 (formerly 507 Old Lancaster Avenue) is proposed to remain and be renovated. An existing home on proposed Lot 4 (formerly 501 Old Lancaster Avenue) is proposed to be relocated and expanded. A new twin building is proposed on Lots 2 and 3. A combination of attached and detached garages is proposed to serve each lot. The properties are located in the Township’s R-6A Residence zoning district.
The applicant has submitted an application to amend the Township’s Historic Resource Inventory to include the subject properties as Class II Historic Resources. In addition, the applicant has submitted applications for the following conditional uses, which only apply to Class I and Class II Historic Resources and are subject to obtaining a recommendation from either the Historical Commissioner or the board of Historical Architectural Review:
59 Mr. Christopher Leswing - 2 - April 4, 2018 Director of Building & Planning
Section 155-152 to reduce the required rear yard setback to five feet on Lots 1, 3, and 4 where a minimum of 25 feet is required
Section 155-152 to reduce the required side yard setback to two and one-half feet on Lots 1 and 3, and to five feet on Lot 4, where a minimum of eight feet is required
Section 155-152 to reduce the required side yard setback to five feet on Lot 2 where a minimum of 10 feet is required
Section 155-152 to reduce the required front yard setback to 25.5 feet on Lots 2 and 3, and to 9.2 feet on Lot 4, where a minimum of 30 feet is required
Section 155-152 to permit an impervious surface coverage of 53.2% on Lot 3 where a maximum of 50% is permitted
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
DRIVEWAY CONFIGURATION
A. Driveway Width on Lot 4: According to Sheet 2 of 9, the proposed driveway on Lot 4 is 35 feet wide at the curbline which creates an overly-wide curb cut across the public sidewalk. The driveway depth from the inner line of the sidewalk narrows on the eastern side to as little as five feet, which does not provide enough space for a car to park in that portion of the driveway without blocking the sidewalk. We recommend that the driveway be narrowed and the unusable portions of the driveway be eliminated.
B. Driveway Sight Distance: Future versions of the plans should demonstrate that adequate sight distance will be provided at all proposed driveways.
WOODED LOT CALCULATIONS & LANDSCAPE PLAN
Future versions of the plan should include wooded lot calculations on the landscape plan and denote the location of any replacement trees, if applicable.
PORCH WIDTH
Section 155-134.B. of the Township’s Zoning Ordinance permits open, roofed porches to project up to 10 feet into the minimum front yard setback in the R6A zoning district. All of the front porches on the proposed homes project into the minimum front yard setback, however, the proposed front porch on Lot 4
60 Mr. Christopher Leswing - 3 - April 4, 2018 Director of Building & Planning
does not appear to meet the requirement of §155-134.B.(5) that the porch that projects into the front yard setback must occupy at least 50% of the street frontage of the building.
In addition, although the proposed front porches on Lots 2 and 3 meet the 50% street frontage width requirement, we encourage the applicant to consider creating wider front porches and/or porches that wrap-around the corners of the building. This would provide more usable outdoor space, enhance the architectural interest of the proposed building, and would help distinguish the units from one another.
CONCLUSION
We wish to reiterate that MCPC generally supports the applicant’s proposal to renovate and preserve two existing single-family detached homes and construct two new single-family semi-detached homes; however, we feel that narrower driveway openings and wider front porches would enhance the walkability and aesthetics of the proposed development.
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, Principal Planner 610-278-3740 – [email protected]
c: Michael Main, Applicant Momenee, Inc., 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
61 Mr. Christopher Leswing - Attachment A - April 4, 2018 Director of Building & Planning
62 Mr. Christopher Leswing - Attachment B - April 4, 2018 Director of Building & Planning
63 AGENDA ITEM INFORMATION
ITEM: TENTATIVE SKETCH PLAN - 450 Lancaster Avenue, Haverford School, Haverford, LD# 3809, Ward 4
Consider for recommendation to the Board of Commissioners approval of a Tentative Sketch Plan. The plan prepared by Site Engineering Concepts, LLC dated April 26, 2018, last revised September 14, 2018, shows the demolition of a two-story portion of Crosman Hall and the construction of a three-story addition in its place that has an 11,197 square foot footprint. The plan also shows improvements to internal walkways and patio areas adjacent to the proposed addition.
The application requires the following relief which was recommended by the Planning Commission:
A. Subdivision & Land Development Code Section 135-16.B.17, to not provide a Historic Resource Impact Study.
Expiration Date – 10/31/2018…………………………………………Zoning – R4/R6A/HROD
Applicant: James Ettelson, Esquire, Royer Cooper Applicant's Representative: James Ettelson, Esquire, Royer Cooper Property Owner: The Haverford School
On Monday, October 1, 2018 the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Preliminary Plan.
Township Engineer’s Review:
1. The Township Engineer’s review letter dated September 24, 2018 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval.
Elevations:
2. Architectural elevations and renderings of all sides of the proposed building addition shall be submitted with the Preliminary Plan, including the proposed materials.
3 . The mean grade of the structure shall be calculated and shown on the plan. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.
Landscape Plan:
4 . The applicant shall consider providing canopy trees adjacent to the new pathways located adjacent to proposed addition to provide appropriate shade and a comfortable pedestrian environment.
5. Shrubs shall be installed underneath the driplines of the 37” and 11” oak trees adjacent to Palmer House to prevent vehicles from parking beneath the trees. Any gravel that has been placed in this area shall be
64 removed.
6 . A landscape plan complying with the applicable sections of the Natural Features Code, Subdivision & Land Development Code Section 135-30 and 155-167.7and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Preliminary Plan.
Circulation:
7 . The applicant shall consider installing portions of sidewalk along Buck Lane and Panmure Road in the Haverford Township portion of the campus.
8. The applicant shall investigate installing painted crosswalks to connect the sidewalks in the surface parking lot adjacent to Centennial Hall and the Facility and Maintenance Building.
Utilities:
9. The location, size, material, and slope of the proposed sanitary lateral shall be shown to its connection to the main on the Preliminary Plan.
10. The location of all proposed utility services shall be shown on the Preliminary Plan.
Stormwater:
11 . Erosion control measures and a proposed construction access location with details that conform to Township standards shall be shown on the Preliminary Plan. Certification attesting to the completeness shall be provided on the Erosion Control Plan.
Construction:
12. A fill material and topsoil stockpile location shall be shown on the Preliminary Plan.
13. A detail of the porous pavers shall be provided and shall comply with the Township standard for porous materials or the area shall be included in the impervious surface tabulation on the Preliminary Plan.
14. 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 stormwater piping and prior to the start of earthmoving activities.
Standard Conditions of Approval:
15. 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.
16. 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.
1 7 . 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.
18. 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
65 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.
19. 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.
20. 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.
21. 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: Description Type Issue Briefing Issue Briefing Township Engineer's Letter Backup Material Montgomery County Planning Commission Review Letter Backup Material
66
2.
September 28, 2018
TO: Planning Commission Members
FROM: Christopher Leswing, Director, Department of Building & Planning
SUBJECT: TENTATIVE SKETCH PLAN – 450 Lancaster Avenue, Haverford, The Haverford School, 3809, Ward 4
Proposal The applicant, James Ettelson, is seeking Tentative Sketch Plan approval on behalf of The Haverford School for the following:
Demolition of a two-story portion of Crosman Hall that contains an 8,162 square foot footprint; Construction of a three-story addition to Crosman Hall that contains an 11,197 square foot footprint; Installation of an underground stormwater management system; Installation a modular building over the existing tennis courts to be used during the construction of the addition within the portion of the campus located in Haverford Township; and Improvements to the internal walkways and patio areas adjacent to the proposed addition resulting in a net reduction of 2,988 square feet of impervious surface and including 2,312 square feet of porous paving.
Since the modular building is shown in Haverford Township, it is not subject to Lower Merion Township approval.
The proposal is illustrated on the attached set of plans that includes eight (8) sheets prepared by Site Engineering Concepts, LLC dated April 26, 2018, last revised September 14, 2018. The plan set also includes a landscape plan prepared by Wallace Roberts & Todd, LLC, dated April 11, 2018.
Property Description The property is split-zoned R-4 Residence District and R-6A Residence District and contains 25 acres, five of which are in Haverford Township. Access to the site is via Lancaster Avenue, Buck Lane and Old Railroad Avenue. The property is bordered by Haverford College to the south and residential and commercial uses to the north and east and residential uses to the west.
Crosman Hall was constructed in 1952 and contains classroom facilities for students of the middle school. The applicant stated that the existing building is “inadequate to serve the instructional needs of 21st century students” and the new addition “will provide expanded classroom space, makerspace, locker pods, common areas and a lobby.” The applicant also stated that the addition will make the building ADA compliant. The proposed addition will not increase the number of students or teachers and will not increase the largest area of public assembly on campus.
Zoning Summary and Approvals A special exception from the Zoning Hearing Board (ZHB) is required to expand the existing building. The project was presented to a Hearing Officer on May 24, 2018 and June 21, 2018. On July 26, 2018 the Hearing Officer granted the applicant a special exception under Code §155-11 X to expand the educational use.
00531475.v2 1
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Relief was conditioned on the applicant providing to the Township calculations certified by a licensed architect or engineer demonstrating that the administrative office space on the property is no more than 10% of the habitable floor area of the principal buildings. The condition has since been complied with.
The applicant appeared before the Haverford Township Zoning Hearing Board on September 20, 2018 to seek approval for the proposed temporary classrooms. The Haverford Township Zoning Hearing Board approved a variance for the temporary classrooms conditioned on the temporary structures being removed within two years of the decision or six weeks following issuance of a CO from Lower Merion Township. The applicant stated that the temporary classrooms would be in place for approximately 20 months.
Zoning Bulk & Setback Requirements The addition does not trigger a requirement to provide any additional parking spaces under the Code. Additionally, the Zoning Hearing Board determined that the buffer requirement (Section 11.Y(6)) was met and “maxed out” at 50 feet when the addition to the upper school at Wilson Hall was constructed in 2006 and there are no vacant side yard or rear yard areas on this property where any additional buffer can be provided. The proposed addition, given its interior campus location is complaint with setbacks. The changes in building area and impervious cover are shown below:
Requirement R4 & R6A Zoning District Existing Proposed (R4 / R6A*) 47.24% 47.21% Maximum Impervious Surface 39% / 40% 54,281 sq. ft.** 53,996 sq. ft. 16.8% 17% Maximum Building Area 30% 140,553 sq. ft. 143,588 sq. ft. *R6A requirements for buildings other than townhouses and single-family detached, single-family semidetached and two-family detached dwellings. *Existing non-conformity
Historical Commission Wilson Hall is the only Class II historic resource on the Haverford School campus. Since the property contains a historic resource, the applicant is required to appear before the Historical Commission to determine what impacts, if any, the project will have upon the Class II resource. The applicant has requested relief from the code requirement to provide a Historic Resource Impact Study. The applicant has noted that Crosman Hall is over 500 feet away from Wilson Hall and is separated by the gymnasium and an existing athletic field.
The applicant appeared before the Historical Commission on Monday, September 24th to obtain their input on whether the proposal impacts the historic resource. The Historical Commission found that the location, massing, and material selection of the proposed new Middle School has no adverse impact on Wilson Hall, the existing historic resource on the campus. The Commission requests that the applicant provide final information on the selection of the slate façade material for staff review.
Environmental Advisory Council The EAC reviewed the plan at their meeting on September 17, 2018. They recommended the applicant consider alternative stormwater management options above and beyond the proposed underground stormwater system.
00531475.v2 2
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Issues
1. Pedestrian Circulation
While the improvements associated with this proposal are internal to the campus, the interior need for modernization creates a logical opportunity to also upgrade connectivity and pedestrian infrastructure on the campus. The property is in both Priority 2 & 3 areas on the Prioritized Pedestrian Improvement Map of the 2016 Comprehensive Plan. Given this, staff requested, and the applicant provided a pedestrian circulation plan. The student population of the school contains students from over 90 zip codes and is located within walking distance to the Regional Rail Line and .3 miles (a 7-10-minute walk) to the SEPTA Norristown High Speed Line, located in Haverford Township.
The campus contains a network of internal walkways connecting the various buildings and public sidewalks are provided along Lancaster Avenue and a portion of Old Railroad Avenue. Staff notes that portions of both Old Railroad Avenue and Buck Lane are sloped, which is why sidewalks were not previously installed along these roads. Staff recommends that the applicant investigate the installation of sidewalks along the portion of Buck Lane which is not sloped and Panmure Road, both in Haverford Township, up unto the existing tennis courts where the slopes begin. These areas present a worn path from pedestrians, demonstrating the need for a pedestrian way.
Sidewalks along the roadways in the Haverford Township portion of the campus will facilitate safer last mile connections to transit. Since these improvements are in Haverford Township they cannot be required but are recommended by staff. Staff recommends deferring any relief to not install sidewalks on portions of the campus in the Township until the Preliminary Plan stage after the applicant has investigated whether the above pedestrian improvements are possible.
Staff also recommends that the applicant investigate the installation of painted crosswalks to connect the sidewalks contained within the parking lot in the area adjacent to Centennial Hall and the Facility and Maintenance Building (shown below).
2. Parking adjacent to Palmer House
A condition of approval was imposed upon a prior land development application that required shrubs to be installed in the existing mulched areas underneath the driplines of the 37” and 11” oak trees adjacent to Palmer House to prevent vehicles from parking beneath the trees. It does not appear that these shrubs were ever installed, or if they were installed they have subsequently been removed as the area has been filled in with gravel and cars are still being parked beneath the trees. The landscaping will have to be reinstalled in this area as part of this application to prevent people from parking in the unpaved spaces, which is a violation of the Zoning Code and also damaging to the health of the trees. 00531475.v2 3
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3. Relief
The applicant requests the following relief:
1. Subdivision & Land Development Code Section 135-16.B.17, to not provide a Historic Resource Impact Study.
Staff supports the requested relief.
00531475.v2 4
70 71 72 73 74 75 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
June 14, 2018
Mr. Christopher Leswing, Director of Building & Planning Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003
Re: MCPC #18-0119-001 Plan Name: Haverford School (1 lot/ 33,591 sq. ft. commercial on approximately 18.87 acres) Situate: Buck Lane (S); Lancaster Avenue (W) Township of Lower Merion
Dear Mr. Leswing:
We have reviewed the above-referenced tentative sketch plan as you requested on May 15, 2018. We forward this letter as a report of our review.
BACKGROUND
The applicant proposes to demolish a portion of the existing Crossman Hall which contains middle school classrooms as part of the Haverford School. A three-story addition will be constructed in approximately the same location of the portion of the building being demolished. Also, proposed at this time are reconfigured pedestrian pathways and stormwater management facilities. The applicant proposes to place 12 temporary classrooms on the existing tennis courts that are located in the Haverford Township portion of the site to accommodate the middle school during construction. The property is located partially in the Township’s R4 Residence zoning district and partially in the R6A Residence zoning district.
76 Mr. Christopher Leswing - 2 - June 14, 2018 Director of Building & Planning
RECOMMENDATION
The Montgomery County Planning Commission generally supports the proposed construction of a three-story addition to an existing school without comment as we have not identified any significant issues.
CONCLUSION
We wish to reiterate that the Montgomery County Planning Commission generally supports the proposed construction of a three-story addition to replace a portion of an existing school without comment as we have not identified any significant issues.
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, Principal Planner 610-278-3740 – [email protected]
c: James S. Ettelson, Esq., Applicant’s Representative Site Engineering Concepts, 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
77 Mr. Christopher Leswing - Attachment A - June 14, 2018 Director of Building & Planning
78 Mr. Christopher Leswing - Attachment B - June 14, 2018 Director of Building & Planning
79 AGENDA ITEM INFORMATION
ITEM: TENTATIVE SKETCH PLAN - 900, 908, 920 and 922 Youngs Ford Road and 941 Black Rock Road, Gladwyne, Gladwyne Montessori School, LD# 3814, Ward 2
Consider for recommendation to the Board of Commissioners approval of a Tentative Sketch Plan. The Plan prepared by Site Engineering Concepts, LLC, dated November 17, 2017, last revised September 13, 2018, shows the demolition of the single-family dwellings and all associated improvements located at 941 Black Rock Road and 908 Youngs Ford Road and the consolidation of 941 Black Rock Road and 908 Youngs Ford Road with 920 and 922 Youngs Ford Road and a portion of 900 Youngs Ford Road for school use. The plan also shows the installation of play areas, a play field, an orchard and campus trail; the construction of an addition with a 1,500 sq. ft. footprint on the Savett Building, a 400 sq. ft. welcome gazebo at the rear of the main school building, a 400 sq. ft. greenhouse at the rear of 900 Youngs Ford Road and the reconfiguration of driveways and parking areas with the installation of 35 additional parking spaces.
The application requires the following relief which was recommended for approval by the Planning Commission:
A. Natural Features Code Section 101-5.C.2.b to disturb man-made slopes exceeding 25%.
Expiration Date: 10/25/2018...... Zoning District: R1/HROD
Applicant: Michael Dyson, Gladwyne Montessori School Applicant's Representative: Jamie Jun, Esquire, Fromhold Jaffe & Adams Property Owner: Gladwyne Montessori School On Monday, October 1, 2018 the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Preliminary Plan:
Township Engineer’s Review:
1. The Township Engineer’s review letter dated September 23, 2018 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval.
Impervious Surface:
2 . The applicant shall investigate ways to reduce the amount of new impervious surface by utilizing porous paving where possible.
Historic Resource:
3. The applicant shall consider submitting an application to the Historical Commission to add the property at 900 Youngs Ford Road to the Historic Resource Inventory.
Elevations:
80 4. Architectural elevations and renderings of all sides of the additions to the Savett building, including the proposed materials, and renderings and or specifications of any other new building addition and proposed structures shall be submitted with the applicant's Preliminary Plan application, including the proposed materials.
5. The mean grade of the structures 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:
6 . A landscape plan complying with the applicable sections of the Natural Features Code, Subdivision & Land Development Code Section 135-30 and 155-167.7 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Preliminary Plan.
Stormwater:
7. Erosion control measures that conform to Township standards shall be shown on the Preliminary Plan.
8. A note shall be added to the plan indicating that the Township Engineer shall be notified 48 hours prior to the installation of any seepage bed and prior to the start of earthmoving activities.
Traffic & Circulation:
9 . Maneuverability diagrams shall be submitted. Adequate turning radii for all vehicle movements shall be documented. Fire truck access and maneuverability shall be fully documented to be adequate if/as required by the Fire Marshal.
10. “One-way” and “Do-Not-Enter” signage and pavement markings shall be provided to better control and clarify vehicular movement. Stop bars/Signs and double-yellow centerline pavement markings shall be provided as required to provide safe and efficient movement of traffic. All traffic control signage shall be provided on a “Signage and Pavement Marking” plan to be submitted with the Preliminary Plan.
11. A traffic impact study shall be submitted with the Preliminary Plan that fully evaluates the following: · Proposed driveway modifications. · The levels of service considering full enrollment of the school. · The nearby intersection of Conshohocken State Road and Youngsford Road which was evaluated in the previous traffic impact study for this site shall be re-evaluated considering current conditions and full enrollment of the school. · The applicant shall contact the Township Engineer’s office to discuss and develop the assumptions to be used in the analysis.
Construction Details:
12. A soil stockpile location shall be provided on the Preliminary Plan.
13. Depressed curb and concrete apron shall be indicated at the driveway access locations on the Preliminary Plan. The length of depressed curb and the radii at the aprons shall be dimensioned and demonstrated to be adequate.
14. Full reveal and depressed curb details shall be provided on the Preliminary Plan.
15. Curb shall be noted on the plan to be repaired/replaced at the direction of the Township.
81
16. A detail of the proposed retaining walls shall be provided on the Preliminary Plan. Calculations shall be provided for wall clear heights exceeding four (4’) feet or for walls with equivalent surcharge loading if/as applicable.
17. Details of the concrete apron and sidewalk shall be provided and shall conform to Township standards.
Plan Requirements:
18. The location of all existing sanitary laterals shall be shown on the Preliminary Plan.
19. The location of any proposed utility services shall be shown on the Preliminary Plan.
20. The existing sanitary sewers shall be shown to within 200 feet of the development on the Preliminary Plan.
21. All existing utility service locations and utilities to be removed/abandoned shall be clearly noted on the Preliminary Plan.
22. The actual sight distance triangles shall be shown for the reconfigured exit driveway. The sight distance shall meet the minimum safe stopping distance required by PENN DOT Publication Title 67, Chapter 441. Calculations shall be provided as necessary. It shall be noted what improvements are necessary to be performed to achieve the required sight distance. The final drive configuration shall be subject to the approval of the Traffic Safety Unit of the Lower Merion Police Department. This shall be fully evaluated with the Preliminary Plan.
23. All existing and proposed impervious surfaces shall be clearly tabulated/itemized on the Preliminary Plan.
Standard Conditions of Approval:
24. 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.
25. 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.
2 6 . 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.
27. 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.
28. 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.
29. The owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation.
82 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.
30. 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: Description Type Issue Briefing Issue Briefing Township Engineer's Letter Backup Material Montgomery County Planning Commission Review Letter Backup Material
83 3.
September 28, 2018
TO: Planning Commission Members
FROM: Christopher Leswing, Director, Department of Building & Planning
SUBJECT: TENTATIVE SKETCH PLAN – 900, 908, 920, 922 Youngs Ford Road and 941 Black Rock Road, Gladwyne, Gladwyne Montessori School, LD# 3814, Ward 2.
Proposal The applicant, Fred Fromhold, is seeking Tentative Sketch Plan approval on behalf of Gladwyne Montessori School for the following:
Demolish the single-family dwellings and all associated improvements located at 941 Black Rock Road and 908 Youngs Ford Road; Consolidate 941 Black Rock Road and 908 Youngs Ford Road with 920 and 922 Youngs Ford Road and a portion of 900 Youngs Ford Road for school use; Install a playground, natural play areas, a play field, a campus trail and an orchard; Construct an addition with a 1,500 sq. ft. footprint on the Savett Building; Construct a 400 sq. ft. welcome gazebo at the rear of the main school building; Construct a 400 sq. ft. greenhouse at the rear of the existing property at 900 Youngs Ford Road; Install 35 additional parking spaces; and Reconfigure existing driveways and parking areas.
The proposal is illustrated on the attached set of plans that includes seven (7) sheets prepared by Site Engineering Concepts, LLC dated November 17, 2017, last revised September 13, 2018.
Property Descriptions & Institutional History Gladwyne Montessori School, originally called The Children’s House, was established in 1962 in a carriage house at the Mildred Sullivan School in Rosemont before finding their permanent home in 1968 at the then abandoned Merion Square School in Gladwyne.
922 Youngs Ford Road (Lot 5) is a .13-acre property improved with a detached single-family dwelling and is a Class I Historic Resource. According to the Historic Resource Inventory, the residence was built in 1840. During the time the public school was in service, the residence was used as the caretaker’s home. This property is a contributing resource in the Gladwyne Historic District.
920 Youngs Ford Road (Lot 1) is a 3.17-acre property, improved with school buildings, play areas, driveway and parking areas, encompassing the Gladwyne Montessori School. The property is a Class I Historic Resource. The former Merion Square School was built in the 1880s from a design by notable Philadelphia architect Frank Furness. Mainly constructed from stone, it exemplifies the “Stick” style of architecture popular in the late-Victorian era. An addition to the building was made in 1900 and a gymnasium was added in 1929. Left vacant after the public school moved to the present Gladwyne Elementary School building in 1958, Gladwyne Montessori (then called “Children’s House”) refurbished the historic building and began to occupy it in 1968. Various modifications and modernizations have kept the original stone school house intact. This property is a contributing resource in the Gladwyne Historic District. Meeting – October 1, 2018 84
908 Youngs Ford Road (Lot 2) is a rear lot improved with a single-family detached dwelling (c. 1977). This property is not located within the Gladwyne Historic District.
900 Youngs Ford Road (Lot 3) is a rectangular shaped lot with frontages along Youngs Ford Road and Merion Square Road, improved with a single-family detached dwelling. The residence was likely built in the early 20th century from a Mediterranean-inspired design. The architect and exact construction date are unknown. A house is shown on the property as far back as the 1880s, though the present home’s architecture suggests construction (or an extensive modification) of a later time. This property is not located within the Gladwyne Historic District.
941 Black Rock Road (Lot 4) is a rear lot improved with a single-family detached dwelling (c. 1976). This property is a noncontributing resource in the Gladwyne Historic District.
Zoning Summary and Approvals On July 26, 2018 the Zoning Hearing Board (ZHB) granted a special exception under Code §155-11 X to expand the educational use on the subject properties. The zoning hearing process consisted of several meetings over several months. At the outset of the hearings, neighbors contested the project; however mid-way through the process the applicant and some of the neighbors engaged in productive discussions that led to an agreement. The land development plan reflects some of the discussion/compromise between the applicant and the neighbors during the zoning hearing board process.
The relief was conditioned on the applicant adhering to the limitations on enrollment and programs set forth in paragraphs a-d and f in Exhibit A-36 (with the reference to “Exhibit D” in paragraph f); paragraph i) being understood to refer to Exhibit A-35 introduced at the hearings). The ZHB decision and applicable exhibits are attached.
Environmental Advisory Council The EAC reviewed the plan at their September 17, 2018 meeting. The EAC recommended the applicant provide native plant species on the landscape plan and incorporate green infrastructure into the surface parking area.
Programmatic Changes Proposed Gladwyne Montessori School is an accredited educational institution use and currently includes educational programming for nursery, preschool and kindergarten through sixth grades. While the applicant does not propose an increase in student enrollment from the cap of 310 that the ZHB approved in 1999, it does propose to increase the number of faculty and staff from 50 to 63, and to add five student teachers (which will be considered faculty/staff). The Applicant also proposes to host a nursery program for up to 10 infants aged six Meeting – October 1, 2018 85 weeks to 23 months and a teacher education program for up to 30 participants, which would occur during the summer months, with occasional seminars on weekends during the school year.
Additionally, the applicant proposes to move the school’s administrative offices to the existing dwelling at 922 Youngs Ford Road, which is currently owned by the School and is used as a single-family dwelling.
Historical Architectural Review Board (HARB) All but two of the properties are located within the Gladwyne Historic District. The applicant appeared before the HARB on September 11, 2018, to present the application. Because HARB’s purview only affects what is visible from the public way, and the residences proposed for demolition are non-contributing resources to the Gladwyne Historic District, HARB’s comments were limited to street improvements and general comments about the plan. HARB voted to recommend approval of the application as submitted, citing Secretary of the Interior’s Standards 2, 6, and 9. In their official motion, HARB encouraged the School to submit an application to the Historical Commission to add the property at 900 Youngs Ford Road (Lot #3) to the Historic Resource Inventory as a Class II historic resource.
Montgomery County Planning Commission The County’s review is attached, and their comments have been incorporated into the issues discussed below or have been included as recommended conditions of approval.
Bulk & Setback Requirements The following table details the bulk, area and setback requirements for the proposed conditions: Proposed Proposed Lot 3 R-1 Requirements Required Consolidated Lots (900 Youngs Ford Road) Minimum Net Lot Area .68 acres 5.4 acres .7 acres 30,000 sq. ft. 233,233 sq. ft. 30,398 sq. ft. Minimum Lot Width 125’ 216’ 387’ Maximum Building Area 9.1% 7.5% 15% (21,162 sq. ft.) (2,285 sq. ft.) Minimum Front Yard 50’ 9.9’* 6’** & 31** Minimum Side Yard 15’/40’ aggregate 1.8’* 9’* Rear Yard 25’ 25’ 138’ Maximum Impervious Surface Consolidated Lots: 35%*** 35% 20.9% (81,389 sq. ft.) (81,319 sq. ft.) (6,379 sq. ft.) Lot 3: 21% (6,383 sq. ft.) (70 sq. ft. remaining) (5 sq. ft. remaining) Landscape Buffer Consolidated Lots: 22’ 22’ N/A Lot 3: Not Required Parking Consolidated Lots: 66**** 83 2 Lot 3: 2 * Existing non-conforming condition ** This property has two front yards (The existing non-conforming conditions include a 6’ Front Yard Setback along Youngs Ford Road & a 31’ Front Yard Setback along Merion Square Road) ***Lots 1, 2, 4, & 5 are existing non-conforming to impervious surface. The properties will maintain their existing non-conforming impervious surface and are eligible for the 1% impervious surface expansion permitted by Zoning Code Section 155-141.5 ****GMS is currently non-conforming to the parking requirement of Zoning Code Section 155-95.AA.1. The property contains 48 parking spaces, the proposal includes the addition of 18 faculty/staff, which increased the required parking to 66 spaces. The proposal increases the number of parking spaces to 83 and 18 overflow spaces that can be accommodated in the hard surface play area.
Meeting – October 1, 2018 86 Issues
1. Historic Resource
As recommended by the HARB, staff has included a condition requiring the applicant to consider submitting an application to the Historical Commission to include the property at 900 Youngs Ford Road (Lot #3) on the Historic Resource Inventory as a Class II historic resource. The applicant has already communicated to staff that they would consider this suggestion.
2. Impervious Surface
The applicant is proposing 81,319 sq. ft of impervious surface, which is 70 sq. ft. from the maximum impervious surface permitted on the site. Staff encourages the applicant to investigate ways to reduce the amount of impervious surface proposed by utilizing porous paving where possible. The County noted that the use of porous paving materials on the hard surface play area may ameliorate the noise associated with play activities.
3. Neighbor Agreement
As noted above, the applicant has entered an Agreement with a group of neighbors who have organized under the name Save Gladwyne Village. The Township is not a party to the Agreement and therefore is unable to enforce it. Therefore, staff’s review is based upon Township Code requirements.
4. Relief
The plan shows the construction of portions of a retaining wall and grading in slopes exceeding twenty- five (25%) percent. The proposed retaining wall and grading is located to the rear of the property and adjacent to the hard surface play area and overflow parking. The applicant has submitted a request for relief from Natural Features Code Section 101-5.C.2.b. The Township Engineer has confirmed that the slopes are man-made, created with the construction of the house, tennis court, and driveway, therefore staff supports the requested relief.
5. Action
The Planning Commission must take the following actions for this application:
1. A recommendation on the Tentative Sketch Plan. 2. A recommendation on the following relief: A. Natural Features Code Section §101-5.C.2.b. to disturb slopes exceeding 25%. As stated above staff supports this requested relief.
Meeting – October 1, 2018 87 88 89 90 91 92 93 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, 2018
Mr. Christopher Leswing, Director of Building & Planning Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003
Re: MCPC #18-0169-001 Plan Name: Gladwyne Montessori School (2,668 sq. ft. institutional on approximately 5.35 acres) Situate: Youngs Ford Road (W); Merion Square Road (N) Township of Lower Merion
Dear Mr. Leswing:
We have reviewed the above-referenced tentative sketch plan as you requested on July 27, 2018. We forward this letter as a report of our review.
BACKGROUND
The applicant, Gladwyne Montessori School, owns several properties in the vicinity of Youngs Ford Road and Merion Square Road in Lower Merion Township. The applicant proposes to subdivide 900 Youngs Ford Road (labeled as Parcel 3 in Attachment A) and consolidate the newly-created rear lot with four other properties to create an approximately 5.35 acre lot. The applicant then proposes to demolish all improvements on 908 and 941 Youngs Ford Road (except some portions of existing driveway as noted) and construct an expanded surface parking lot, playing fields, playgrounds, and a 2,668 sq. ft. expansion of the rear school building. Additional improvements shown at this time include: modifications to the vehicular driveway onto Youngs Ford Road,
94 Mr. Christopher Leswing - 2 - August 28, 2018 Director of Building & Planning
expanded vehicle queuing space, underground stormwater management facilities, and a campus trail. The property is located in the Township’s R1 Residence zoning district.
RECOMMENDATION
The Montgomery County Planning Commission generally supports the proposed improvements to the Gladwyne Montessori School. 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
STORMWATER MANAGEMENT
Two large underground stormwater management facilities are shown as part of the proposed development: one under the hard surface play area/overflow parking and one under the northernmost part of the expanded surface parking lot. Although the location of several stormwater inlets is shown, it is unclear from the information provided where the discharge locations for the stormwater management facilities are proposed to be located. Any outlet points should be located and designed so as to prevent drainage or erosion problems on adjacent properties. We defer to the Township engineer to review the proposed stormwater management system.
IMPERVIOUS COVERAGE
We encourage the applicant to explore ways to reduce the proposed impervious surface coverage on the site. For example, using porous paving materials for the proposed hard surface play area/overflow parking could reduce the total impervious coverage on the site and tie-in to the proposed underground stormwater management facility. In addition, if the proposed hard surface play area is to be used for ball sports such as basketball, the noise associated with these activities could potentially be reduced through the use of certain porous paving materials.
CONCLUSION
We wish to reiterate that MCPC generally supports the applicant’s proposal to construct improvements to the Gladwyne Montessori School; however, we feel that future plans should provide more detailed information about the proposed stormwater management system.
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.
95 Mr. Christopher Leswing - 3 - August 28, 2018 Director of Building & Planning
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, Principal Planner 610-278-3740 – [email protected]
c: Gladwyne Montessori School, Applicant Fred Fromhold, Applicant’s Representative Site Engineering Concepts, 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 Proposed Lot Merger Plan Attachment B: Reduced Copy of Applicant’s Proposed Site Plan Attachment C: Aerial Image of Site
96 Mr. Christopher Leswing - Attachment A - August 28, 2018 Director of Building & Planning
97 Mr. Christopher Leswing - Attachment B - August 28, 2018 Director of Building & Planning
98 Mr. Christopher Leswing - Attachment C - August 28, 2018 Director of Building & Planning
99 AGENDA ITEM INFORMATION
ITEM: CERTIFICATE OF APPROPRIATENESS - 920 Youngs Ford Road, Gladwyne, Gladwyne Montessori School, Gladwyne Historic District, 18-21
Consider for recommendation to the Board of Commissioners approval to combine several properties into the campus of the Gladwyne Montessori School (including some not within the Historic District boundaries), and to construct an addition to a non-historic school building.
On September 11, 2018, the HARB recommended approval of the application, citing Secretary of the Interior’s Standards 2, 6, and 9. PUBLIC COMMENT
100 AGENDA ITEM INFORMATION
ITEM: REQUEST FROM AT&T TO INSTALL WIRELESS COMMUNICATION FACILITY ANTENNAS ON TOWNSHIP STREET LIGHTS
Consider for recommendation to the Board of Commissioners a request from AT&T to install up to ten wireless communication facility antennas mounted to Township street lights in the Township right-of-way.
PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing AT&T Photo Sim Backup Material
101
TOWNSHIP OF LOWER MERION
Building and Planning Committee
Issue Briefing
Topic: AT&T Right of Way Antenna Revised Waiver Request
Prepared By: Robert Duncan, Assistant Township Manager
Date: October 5, 2018
I. Action To Be Considered By The Board:
Installation of Wireless Communication Facility antennas by AT&T mounted to existing Township street lights in the Township right of way at nine locations.
II. Why This Issue Requires Board Consideration:
In June, the Board of Commissioners granted a waiver to allow these antennas in the right of way subject to a condition that any installation requiring the replacement of a Township light pole or any installation mounted to a Township light pole be brought back to the Board of Commissioners for approval.
III. Current Policy Or Practice (If Applicable): N/A
IV. Other Relevant Background Information:
The Board’s approval of this antenna installation in June included five conditions as listed below. Condition c as amended requires AT&T to come back to the Board for approval of all light pole installations, or any other poles without utilities. The five approval conditions are included below. a. This approval only applies to antennas and associated equipment being installed on utility poles. b. Any replacement of poles must be replaced in kind. c. Antennas and associated equipment proposed for installation on light poles or any poles without utilities must be brought back to the Board of Commissioners for approval. d. The color of the equipment being installed must be adjusted to blend in with the poles upon which they are located.
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e. The bottom of the shroud must be a minimum of 12 feet above the ground at the base of the pole.
The original request for antenna sites was tabled with no specific date to reconsider at the July Building & Planning Committee meeting. A meeting was scheduled with staff, Commissioner Manos, Commissioner Sinai, and AT&T representatives to develop design standards for these installations to provide a consistent aesthetically pleasing appearance for the new street light pole installations. AT&T has agreed to incorporate the antenna and equipment into the street light pole design. There are two different pole designs to be considered. One would place the antenna and equipment at the top of the pole and the second would place the equipment at the bottom of the pole. Both designs incorporate the antenna and equipment into the pole design. This will result in a larger diameter street light pole but they will not have any equipment mounted to the exterior of the poles.
If any of these proposed new Township light poles are damaged and require repair or replacement, the agreement with AT&T will place responsibility for repairs/replacement on AT&T.
V. Impact On Township Finances:
These antennas will result in an increase in revenue to the Township in accordance with the Township’s antenna permit fee provisions. The actual permit revenue will depend on the total number of antennas to be installed.
VI. Staff Recommendation:
Staff recommends the Board of Commissioners approve the street light pole locations subject to AT&T agreeing to take responsibility for repairs or replacement of these light poles if they are damaged or require replacement. AT&T must also install the street light poles that incorporate the antenna and equipment into the street light pole design as presented to the Board of Commissioners. The Board will have to decide which of the two pole designs are preferred at each of the nine locations. This recommendation for approval is also subject to the Township Solicitor’s approval of the agreement with AT&T and Township staff’s approval of the final light pole design.
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104 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO INSTALL BUS SHELTER AT 45 BALA AVENUE
Consider for recommendation to the Board of Commissioners approval of the installation of a bus shelter by CP Acquisitions 50 LLC on the Bala Gym property located at 45 Bala Avenue, Bala Cynwyd, to comply with conditions of approval imposed on the Preliminary Land Development Plan for 9-11 Union Avenue and 3, 5, 7 & 9 Cynwyd Road, Bala Cynwyd, LD# 3786, approved by the Board of Commissioners on December 20, 2017. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Photo of Bus Shelter Backup Material Bus Shelter Location Plan Backup Material
105 TOWNSHIP OF LOWER MERION
Building and Planning Committee
Issue Briefing
Topic: Installation of a Bus Shelter at the Bala Gym
Prepared By: Andrea M. Campisi, Senior Planner
Date: October 2, 2018
I. Action To Be Considered By The Board:
Approve the installation of a bus shelter at 45 Bala Avenue, the Bala Gym.
II. Why This Issue Requires Board Consideration:
The following condition of approval was imposed on the Preliminary Land Development Plan for 9-11 Union Avenue and 3, 5, 7 & 9 Cynwyd Road, Bala Cynwyd, LD# 3786 which proposes the construction of a five-story, 60-foot-tall building containing 74 apartments/townhouses, a 6,945-sq. ft. retail space, 64 on-site parking spaces, 11 on-street parking spaces along Cynwyd Road and a public gathering space:
7. The applicant shall, working with the Township, the City Avenue Special Services District and SEPTA, install a bus shelter at the Bala Gym. The installation shall be subject to a separate approval from the Board of Commissioners.
III. Current Policy Or Practice (If Applicable):
Not applicable.
IV. Other Relevant Background Information:
This development is in the Bala Village District of the City Avenue District (CAD). The Bala Village offers additional floor area to developers who provide amenities that will benefit the public health, safety and welfare and enhance the aesthetics and livability of the district. The developer o agreed to the above condition which requires him to install the bus shelter.
A photo of the bus shelter and a plan showing the location are attached.
V. Impact On Township Finances:
Although the applicant will be paying to purchase and install the bus shelter, the Township will have to maintain the shelter.
VI. Staff Recommendation:
Staff recommends that the Board approve installation of the bus shelter. 106 107
108 AGENDA ITEM INFORMATION
ITEM: REAPPOINTMENT - ZONING HEARING BOARD
Consider for recommendation to the Board of Commissioners the reappointment of Alan Ritterband to an additional three year term as an Alternate on the Zoning Hearing Board, such term to expire July 2021. PUBLIC COMMENT
109 AGENDA ITEM INFORMATION
ITEM: REAPPOINTMENT - HISTORICAL COMMISSION
Consider for recommendation to the Board of Commissioners the reappointment of Gerry Fisher to an additional five year term on the Historical Commission, such term to expire April 2023. PUBLIC COMMENT
110 AGENDA ITEM INFORMATION
ITEM: BUILDING AND PLANNING DEPARTMENT DIRECTOR'S REPORT
The Director of Building and Planning will provide an update on matters of importance affecting the Department.
PUBLIC COMMENT ATTACHMENTS: Description Type Zoning Update Timeline Backup Material
111
Zoning Update Timeline 2018 October 24 • Draft Code & public review schedule released to public (website, libraries)
November 7 • B&P Meeting 1 DPZ presentation of Code to B&P (structure of code substance of code)
November 28 • B&P Meeting 2 Staff presentation of Code/Map to B&P Initial feedback (consistency with Comp Plan) 2019 January • Monthly PC Zoning Update Discussion 6 pm – 7 pm • January 10 CEC • Date TBD Regional Civic Association Meeting 1 • Date TBD Regional Civic Association Meeting 2 • January 23 – B&P Meeting 3 Low/medium density single-family residential
February • Monthly PC Zoning Update Discussion 6 pm – 7 pm • February 7 CEC • Date TBD Regional Civic Association Meeting 3 • February 27 – B&P Meeting 4 High density residential/commercial
March • Monthly PC Zoning Update Discussion 6 pm – 7 pm • March 7 CEC • Neighboring Communities Planning Commissions and Planning Directors • March 27 - B&P Meeting 5 Commercial/ Historic Preservation
April • Monthly PC Zoning Update Discussion 6 pm – 7 pm • April 4 CEC • April 24 - B&P Meeting 6 Institutional
May • Monthly PC Zoning Update Discussion 6 pm – 7 pm • May 2 CEC • May 22 - B&P Meeting 7 Institutional/Edits
June • Monthly PC Zoning Update Discussion 6 pm – 7 pm • June 5 - B&P Meeting 8 Edits • June 10 – Special Planning Commission Meeting • June 12 Meeting 9 BOC meeting - Authorization to Advertise and send to County (45 days)
July • July 31 Meeting 10 BOC Meeting - Public Hearing intent to adopt
As of 10/02/18 112 AGENDA ITEM INFORMATION
ITEM: AUTHORIZATION TO ADVERTISE PROPOSED ORDINANCE - Chapter 155, Zoning - Public School
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 to amend the Code of the Township of Lower Merion, Chapter 155, Zoning, Article IV, RAA Residence District, Section 11.E, entitled Public School, by amending Section 155-11.E.1 to add a new Section (c), to establish impervious surface regulations, amending Section 11.E(5) to alter the height regulations, adding a new Section 11.E(6) clarifying that Section 155-137 does not apply, adding Section E(7) establishing new parking requirements. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Proposed Ordinance Ordinance
113
TOWNSHIP OF LOWER MERION
Building & Planning Committee
Issue Briefing
Topic: Zoning Code Public School Amendments
Prepared By: Robert Duncan
Date: October 5, 2018
I. Action To Be Considered By The Board:
Consider authorizing a public hearing to consider amendments to the zoning code regulating Public Schools in the RAA through R-3 Zoning Districts.
II. Why This Issue Requires Board Consideration: N/A
The Board of Commissioners must approve zoning code amendments.
III. Current Policy Or Practice (If Applicable): N/A
IV. Other Relevant Background Information:
Staff has been working with the Lower Merion School District (LMSD) to discuss code amendments that may be needed to provide sufficient classroom space for the growing student population at public schools in Lower Merion. The amendments proposed in the attached ordinance are designed to address some of the public school population growth challenges. The proposed amendments are limited to the public school use section of the zoning code applicable in limited zoning districts so they would not apply to private schools or other types of educational uses. Although there are additional code amendments the LMSD would like the Board of Commissioners to consider, the proposed draft represents the minimum amendments staff believes are necessary to accommodate the student population growth.
A summary of the proposed amendments and some background information on more recent code amendments adopted by the Township are included below.
155-11 E – This code section was added to the code in 2005 to address the LMSD school expansion needs at that time. It applies only to public schools in the RAA through R-3 zoning districts. The schools included in these districts are Gladwyne Elementary, Penn Valley Elementary, Welsh Valley Middle, Harriton High School and Lower Merion High School
155-11 E (1) (a) and (b) – There are no proposed amendments to the lot area and width or building area requirements.
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155-11 E (1) (c) Impervious surface – The current language in Section 11 E does not establish impervious surface regulations different than what is permitted in the underlying zoning district. The impervious limits in the underlying RAA through R-3 districts range from 20% to 28%. There is a separate impervious provision in Section 155-141.5 D applicable to public schools (added in 2002 and further amended in 2005) that permits a 5% impervious surface increase on lots less than 40 acres, and a 5% increase up to a maximum of 32% on lots greater than 40 acres (this applies to Harriton High School). This provision includes a requirement to manage the stormwater from the development to control a 100-year storm.
The proposed amendment would increase the impervious limit up to 45% of the lot area and also exclude pervious surfaces (i.e. porous paving or porous paver systems) from being counted as impervious surface provided these areas occupy no more than 5% of the lot area.
155-11 E (2), (3) and (4) - There are no proposed amendments to the front, side and rear yard setbacks
155-11 E (5) Height regulations – The current height regulations allow a 65’ tall building and imposes height penalty provisions when the school building exceeds 45’.
The proposed amendment would apply the setback penalty for any portion of a building taller than 35’. This amendment is consistent with the current height penalty setback provisions in Section 155-137 and would actually place a greater restriction on taller buildings than the current code language in Section 155-11 E (5).
155-11 E (6) – This section has been added to clarify that the height penalties in Section 155-137 (impervious surface and building coverage penalties) do not apply to public schools regulated under Section 155-11 E. The current height regulations in Section 155-11E are silent with respect to whether Section 155-137 applies.
155-11 E (7) – This section references 155-95 AA which requires parking for the largest assembly space at a ratio of one parking space per 50 square feet of floor area devoted to the largest place of assembly, or one space per five seats where fixed seating exists. This section also requires parking for each staff member, and school visitors at a ratio of one space per 25 students. The amendment will allow the required parking for the student, staff and visitor parking to also count as the required parking for the largest assembly space as long as the assembly space is limited to school students and faculty during normal school hours.
This amendment utilizes a shared parking concept since the assembly space and the school are typically not both occupied at the same time in a manner that creates a large onsite parking demand. During those special occasions like back to school nights, the queuing space limited to school buses during the school day can be made available for extra parking needs that exist during back to school nights and other similar events.
If this ordinance is authorized for a public hearing, the hearing will be scheduled for November 19, 2018.
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V. Impact On Township Finances:
There is no impact to Township finances.
VI. Staff Recommendation:
Staff supports authorizing the public hearing in November. Board discussion and public comment received at the public hearing will help determine whether the ordinance should be adopted.
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AN ORDINANCE
NO. ______
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 155, Zoning, Article IV, RAA Residence District, Section 11.E, Entitled Public School, By Amending Section 155-11.E 1 To Add A New Section (c), To Establish Impervious Surface Regulations, Amending Section 11.E.(5), To Alter The Height Regulations, Adding A New Section 11.E.(6) Clarifying That Section 155-137 Does Not Apply, Adding Section E.(7) Establishing New Parking Requirements and Adding Section E(8), Establishing Regulations for Retaining Walls.
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 IV, RAA Residence Districts, 155-11, Use Regulations, Section 11 E (1) (c) shall be added to establish impervious surface regulations, as follows:
Section 155-11 E. Public School. The following requirements shall apply to public schools in the RAA through R-3 Zoning Districts: ***********
(c) Impervious surfaces. Not more than 45% of the area of the lot may be covered with impervious surfaces. Hard surface areas not used for vehicular parking, driveways, or vehicular circulation that employ a porous paving or similar material or are designed to be permeable with a runoff co-efficient less than or equal to grass and maintained to continue this runoff coefficient in the opinion of the Township Engineer shall not be considered impervious surface, provided these surfaces occupy no more than five percent (5%) of the lot area. Examples of surfaces that may be constructed to meet these criteria include but are not limited to walkways, building entrance areas, gathering areas, sports courts, and running tracks.
Section 2. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article IV, RAA Residence Districts, 155-11, Use Regulations, Section 11 E (5), shall be added to establish height regulations, as follows:
***********
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(5) Height regulations. The height of a public school building shall not exceed 65 feet. Buildings over 45 feet shall increase the required side and rear yards setback by one foot for every foot or portion thereof by which the building exceeds 35 feet in height, beginning with the story by which the building exceeds 35 feet in height. The depth of the required side or rear yard for that limited portion of the building area directly over which the roof creates a building height greater than 35 feet shall be increased one foot for every one foot or portion thereof by which the building height exceeds 35 feet. The depth of the required side or rear yard for that limited portion of the building area directly over which the roof creates a building height greater than 35 feet shall be increased one foot for every one foot or portion thereof by which the building height exceeds 35 feet.
Section 3. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article IV, RAA Residence Districts, 155-11, Use Regulations, Section 11 E (6), shall be added to establish that Section 155-137 does not apply, as follows:
(6) The provisions of Section 155 -137 do not apply to structures/buildings developed pursuant to this Section.
Section 4. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article IV, RAA Residence Districts, 155-11, Use Regulations, Section 11 E (7), shall be added to establish parking regulations, as follows:
(7) The parking spaces required by Section 155-95 AA(1)(d) are not required for a new public school constructed in accordance with approval of a development plan.
Or as an alternative to (7) above, the Board of Commissioners shall also consider Section (7) below
(7) The parking spaces required by 155-95 AA (1) (a, b, and c) may also be counted to satisfy the requirements of Section 155-95 (1)(d). The use of the largest assembly space shall be limited during normal school hours to the school students and faculty.
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 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
2 10-05-18 118 sections, 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 provisions 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.
Approved by the Board this ___ day of ______, 2018.
BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION
______Daniel S. Bernheim, President
ATTEST:
______Jody L. Kelley, Secretary
3 10-05-18 119 AGENDA ITEM INFORMATION
ITEM: BAMBOO ORDINANCE - TIME PERMITTING
Discuss the attached draft Bamboo Ordinance and provide direction to staff. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing Proposed Ordinance Ordinance
120 TOWNSHIP OF LOWER MERION
Building and Planning Committee
Issue Briefing
Topic: Amendment to the Bamboo Ordinance
Prepared By: Andrea M. Campisi, Senior Planner
Date: October 5, 2018
I. Action To Be Considered By The Board:
Discuss a comprehensive re-write of Chapter 59, Brush, Grass and Weeds, as it relates to the planting, growing and maintenance of running bamboo.
II. Why This Issue Requires Board Consideration:
An amendment to the existing Township Code requires the adoption of an ordinance by the Board of Commissioners.
III. Current Policy Or Practice (If Applicable):
The Township currently only regulates the planting of new bamboo and bamboo growing onto Township property and close to a road right-of-way.
IV. Other Relevant Background Information:
Over the years the Township has received numerous complaints from residents regarding the invasiveness of certain types of bamboo. The complaints usually stem from property owners who live adjacent to a property where the owner has planted running bamboo that is growing over the property line. The complainants are then faced with trying to prevent the bamboo from spreading further onto their property which is very difficult to do given the invasive and running nature of the plant.
The Environmental Advisory Council (EAC) has fielded some of these complaints and spoken with residents who were seeking assistance with how to halt the encroaching bamboo. As a result, back in 2016, the EAC drafted an ordinance for the Board of Commissioners consideration. That ordinance attempted to address who is responsible for the removal of bamboo spreading from one property to an adjacent property. The seated Commissioners at the time expressed concern about The Township’s ability to determine where the bamboo originated, who the bamboo owner is, and how to determine the responsibility for removal of bamboo after the bamboo has spread onto an adjacent property.
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121 At that time, the Township opted to address bamboo in two steps and in 2016 adopted an ordinance establishing regulations to prohibit the planting of new bamboo in the Township and required bamboo planted close to a street, or bamboo that grows onto a Township owned property to be removed.
Last fall the EAC was asked by the Commissioners to reexamine the bamboo ordinance to address limiting the spread of existing bamboo from one property onto another property in phase two of this program. The EAC’s draft ordinance is attached.
V. Impact On Township Finances:
While this amendment will have an impact on Township finances if enforcement action is required; staff has not performed a detailed analysis of those impacts.
VI. Staff Recommendation:
Staff recommends that the Board discuss the draft ordinance and provide feedback to the EAC.
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AN ORDINANCE
NO. ______
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 59, Brush, Grass And Weeds, To Regulate The Planting, Growing Or Maintenance Of Running Bamboo.
The Board of Commissioners of the Township of Lower Merion hereby ordains:
Section 1. The Code of the Township of Lower Merion, Chapter 59 thereof, entitled Brush, Grass and Weeds, §59-1, Declaration of objectionable and poisonous vegetation as health hazard and nuisance, shall be revised to provide as follows:
§59-1. Declaration of objectionable and poisonous vegetation as health hazard and nuisance.
A. By reason of the danger they pose to public health, safety, or the ecology of the Township, the following plants are hereby declared to be nuisances:
(1) Any plant that encroaches onto a roadway or sidewalk to an extent that it obstructs the vision of pedestrians or motorists, constitutes a tripping hazard for pedestrians, or otherwise interferes with safe travel by pedestrians or motor vehicles.
(2) Any plant listed on the Noxious Weed Control List, 7 Pa. Code §110.1, published by the Commonwealth’s Noxious Weed Control Committee under the Noxious Weed Control Law, 3 P.S. §255.3(b), including the Lythrum salicaria; Cirsium arvense, commonly known as Canadian thistle; Rose multiflora, commonly known as multiflora rose, Sorghum halepense, commonly known as Johnson grass, Carduus nutans, commonly known as musk thistle; Cirsium vulgare, commonly known as bull thistle; Datura stramonium, commonly known as jimson weed; Persicaria perfoliata, commonly known as mile-a-minute; Puerria DC, commonly known as kudzu; Sorghum bicolor Moench ssp. drummondii, commonly known as shattercane; Heracleum mantegazzianum, commonly known as giant hogweed; Galega officinalis, commonly known as goat’s
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rue; Toxicodendron radicans, commonly known as eastern poison ivy, Toxicodendron vernix, commonly known as poison sumac, and Toxicodendron pubescens, commonly known as Atlantic poison oak and such other plants as may be added from time to time to the Noxious Weed Control List.
(3) Bamboo, meaning any monopodial (running), tropical or semitropical grass from the genus Bambusa including but not limited to Bambusa, Phyllostachys, and Pseudosasa, common bamboo, golden bamboo, and arrow bamboo.
(4) Polygonum cuspidatu, commonly known as Japanese knotweed; Aegeopodium podograria, commonly known as goutweed; Microstegium vimineum, commonly known as Japanese stiltgrass, Ampelopsis brevipedunculata, commonly known as porcelain berry; Rubus phoenicolasius, commonly known as wineberry.
B. Prohibited Acts.
(1) It is hereby declared to be unlawful for any landowner or occupant to propagate, allow to grow, or maintain on land within the Township any plant declared by this Chapter to be a nuisance.
(2) Qualified Bamboo Exemption. Although bamboo is declared to be a nuisance plant and growing or allowing it to grow on land within the Township is prohibited, bamboo that was propagated or allowed to grow before May 18, 2016, is exempt from the prohibition and may remain on the land. This exemption does not apply, however, to any bamboo that migrates or falls onto any land owned or held by the Township, onto any roadway or sidewalk, onto the private property of another, or which is within 20 feet of the property line of a third party or a public or private right of way.
Section 2. The Code of the Township of Lower Merion, Chapter 59 thereof, entitled Brush, Grass and Weeds, §59-2, Notice to Abate Violation and Landowner’s Duty to Abate, shall be revised to provide as follows:
§59.2 Notice to Abate Violation and Landowner’s Duty to Abate.
A. The Township is hereby authorized to issue a notice of violation to any landowner upon finding that a nuisance plant is growing on that landowner’s property, or has migrated onto any land owned or held by the Township, onto any roadway or
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sidewalk, or onto the private property of another in violation of this Chapter. Such notice shall be served by regular mail or hand delivery, or if service cannot be effected by either means, by posting the notice in a conspicuous manner on the property. The notice shall require the landowner, within 30 days of the date of the notice, to remove the nuisance plant from the property(ies), sidewalk, or roadway specified in the notice, and shall set forth the penalties for a failure to abate, including payment of the costs incurred by the Township in removing the nuisance should the landowner fail to do so.
B. A landowner may appeal a notice of violation by letter setting forth the grounds therefore and sent within 14 days of receipt of the notice of violation to the Director of Building and Planning. The appeal shall be heard by the Building and Planning Committee of the Board of Commissioners.
C. It shall be a valid and complete defense to a notice of violation based on the presence of bamboo on the respondent-landowner’s property either that:
(1) The bamboo was growing on the property prior to May 18, 2016 and is not within 20 feet of the property line of a third party or a public or private right of way; or
(2) All of the following:
(a) the bamboo migrated from property not owned or controlled by the respondent-landowner; and
(b) before receiving the notice of violation, the respondent-landowner had given written notice to the owner of the land from which the bamboo migrated of the unlawful encroachment and had demanded its removal, to no avail; and
(c) respondent-landowner has taken steps to remove the encroaching bamboo, including but not limited to instituting legal action seeking its removal.
D. If, after 30 days, the recipient of a notice of violation has neither abated the violation as required by the notice nor timely contested the notice of violation by the procedure prescribed herein, the Township is hereby authorized to abate the violation by removing the nuisance plants specified in the notice of violation from the property of the landowner or from any adjoining property, public or private onto which said plants have migrated. All costs incurred by the Township in abating the violation, including but not limited to the costs of notice, removal, restoration, and inspection, shall be the responsibility of the respondent- landowner and may be collected as provided by law, including the filing of a municipal claim therefore.
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E. If bamboo growing on a property prior to May 18, 2016 encroaches onto adjoining property, public or private, or within 20 feet of the property line of a third party or a public or private right of way, the respondent-landowner is hereby required to remove the encroachment and to install at least 20 feet from the property boundary an impenetrable barrier to a depth of three feet to prevent the encroachment from recurring. The failure to comply with either of these requirements shall constitute a separate violation.
F. The appeal of a notice of violation shall toll the running of the 30-day period for abating a violation until the date of a final decision.
Section 3. The Code of the Township of Lower Merion, Chapter 119 thereof, entitled Real Estate Registry, §119-6, Certification; civil penalties, subsection B, thereof, shall be amended by the addition of paragraph (5), Bamboo certification, to provide as follows
§ 119-6. Certification; civil penalties.
B. It shall be unlawful for any owner to sell his property, or an interest therein, or for a purchaser to acquire a property, or an interest therein, unless the owner shall first deliver to the purchaser at or prior to the time for settlement the following certifications:
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(5) Bamboo certification
Section 4. The Code of the Township of Lower Merion, Chapter 119 thereof, entitled Real Estate Registry, §119-6, Certification; civil penalties, shall be amended by the addition of subsection F.1, Bamboo certification, to provide as follows:
§ 119-6. Certification; civil penalties.
* * * * * *
F.1 Bamboo certification. The owners shall certify whether bamboo regulated by Chapter 59 hereof is currently growing or has been grown on the property and whether such bamboo is shielded by an impenetrable barrier that prevents its migration beyond the property boundary.
* * * * * *
Section 5. Nothing in this Ordinance or in Chapter 59 or 119 of the Code of the
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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 59 or 119 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 effect and be in force from and after its approval as required by law.
Approved by the Board this _____ day of ______, 2018.
BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION
______Daniel S. Bernheim, President
ATTEST:
______Jody L. Kelley, Secretary
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