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Exhibit C Page 1 of 14 1 Before the Conditional Use Hearing Officer

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Exhibit C Page 1 of 14 1 Before the Conditional Use Hearing Officer Exhibit C Page 1 of 14 Before the Conditional Use Hearing Officer Lower Merion Township, Montgomery County Pennsylvania Application CU 3747C RECOMMENDATIONS FOR FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This conditional use application was filed by Kimco Realty, LLC seeking approval to deviate from architectural and design standards of the Mixed-Use Special Transportation District pursuant to Code §155-87.25. A Conditional Use Hearing was held on December 17, 2015 before the Conditional Use Hearing Officer.1 1. The Applicant is Kimco Realty, LLC by its representative Geoff Glazer (“Applicant”). The Applicant is represented by Jamie Jun, Esq. of Fromhold, Jaffe & Adams. The record owner is Amerishop Suburban LP. 2. The Property is comprised of four separate lots: 0 Montgomery Ave., 42 St. James Place, 75 St. James Place and 100 Coulter Ave. (collectively referred to as “the Property”). Two formerly private roads traverse the property: St. James Place and Parking Plaza; as well as one public street: Coulter Avenue. Although it was originally designed as a private road, Parking Plaza was subsequently restricted to pedestrian access only. 3. The Property is bound by the following: North: Montgomery Avenue; East: Sibley Avenue containing residential and office uses; South: SEPTA/Amtrak Paoli Thorndale regional rail line; West: Anderson Avenue. 4. The Property is the site of “Suburban Square,” considered to be one of the earliest retail shopping centers in this country. It has been improved with several Class II Historic resources listed on the Township’s Historic Resource Inventory. Suburban Square was designed 1 The Conditional Use Hearing Officer is authorized to conduct the hearing pursuant to Code §155-141.2.A.5. 1 Exhibit C Page 2 of 14 in 1926 by the architectural firm Dreher and Churchman and constructed from 1927 to 1931. It is modeled on a downtown street with Art Deco style shops arranged around outdoor plazas and walkways. The center is anchored by a tall, vertically striped high rise that was one of the tallest buildings outside Philadelphia when it was built and became the home of the Main Line Daily Times. Suburban Square was the first suburban location for a major retailer, Strawbridge and Clothier. It has retained its architectural integrity as it expanded over the past 79 years and remains an attractive and popular suburban shopping destination. 5. The Property is located in the Mixed-Use Special Transportation District (“MUST”). Lower Merion Township enacted the MUST in 2006. The MUST envisions higher density, pedestrian friendly redevelopment and permits complete or partial redevelopment of existing structures or infill of surface parking lots. Infill development which displaces surface parking lots may be replaced with structured parking. The MUST ordinance requires high quality design pursuant to its design standards. 6. The Applicant received Tentative Sketch Plan approval on July 15, 2015 to construct: a. A one story addition to the rear of Trader Joe’s measuring 3,445 square feet (“Trader Joe’s Addition”) as well as to demolish the existing detached freight shed after all necessary approvals are obtained; b. A two story, 28 foot tall building with 20,000 square foot of retail space on the first floor and 20,000 square feet of office space on the second floor along Coulter Avenue in the location of the existing “Dollar Lot” commuter parking area (“Dollar Lot Building”); and, c. A four level, 28 foot tall parking structure containing 571 parking spaces and 3,000 square feet of retail space along Coulter Avenue (“Garage”). 7. The Applicant subsequently submitted a Preliminary Land Development Application for improvements at Suburban Square consistent with the approved Tentative Sketch Plan. 2 Exhibit C Page 3 of 14 8. On October 12, 2015 the Applicant submitted a Conditional Use Application to provide alternative architectural designs for the Trader Joe’s Addition; the Dollar Lot Building and Parking Garage, pursuant to Code §155-87.25.C.3. 9. The Lower Merion Planning Commission reviewed the Preliminary Plan and Conditional Use application on December 3, 2015 and made recommendations (See Ex. T-3). 10. The Conditional Use Hearing Officer conducted a public hearing at the Lower Merion Township building on December 17, 2015. 11. Andrea Campisi, a Planner in the Lower Merion Township Building and Planning Department, offered three (3) exhibits into evidence that were subsequently admitted into the record: a. Proof of publication of the hearing notice (Ex T-1) b. Lower Merion Township staff memo dated 11/24/15 (Ex T-2) c. Planning Commission recommendations dated 12/3/15 (Ex T-3) 12. The Applicant offered eleven (11) exhibits in support of its conditional use application which were subsequently admitted into the record: a. Overall Site Plan (Exhibit A-1) b. Rendered Site Plan(Exhibit A-2) c. Trader Joe’s Proposed Elevations, Option 1 (Exhibit A-3a) d. Trader Joe’s Proposed Elevations, Option 2 (Exhibit A-3b) e. Dollar Lot Proposed Elevations, (Exhibit A-4) f. Dollar Lot Proposed Elevations, Option A (Exhibit A-5a) g. Dollar Lot Proposed Elevations, Option B (Exhibit A-5a) h. Garage Elevations (Exhibit A-6) i. Horizontal/Vertical and Building Façade Elevations (Ex. A-7) j. Garage Elevations, Details (Exhibit A-8a) k. Garage Elevations, Details (Exhibit A-8b) l. Garage Elevations, Details (Exhibit A-8c) m. Garage Elevations, Details (Exhibit A-8d) n. Garage Floor Plan, Level 1 (Exhibit A-9a) o. Garage Floor Plan, Level 2 (Exhibit A-9b) p. Garage Floor Plan, Level 3 (Exhibit A-9c) q. Garage Floor Plan, Level 4 (Exhibit A-9d) r. R. Northfield, NCARB, RA C.V. (Exhibit A-10) s. Code Compliance Analysis 3 Exhibit C Page 4 of 14 13. Robert Northfield, NCARB, RA is a principal of BCT Architects based in Baltimore, Maryland. He has more than 30 years of design experience in retail-driven, mixed-use projects. He and his firm have won more than eleven global design awards and worked on numerous mixed-use infill projects such as the proposed improvements at Suburban Square. 14. Northfield testified that the Trader Joe’s Addition has design features that do not strictly comply with the MUST architectural design standards, but are more attractive and match the existing façade. Specifically, massing and bulking is de-emphasized by a continuous metal canopy supported by brackets and a metal trellis at the pedestrian level. Blank windows on the south and west elevations are replaced with the canopy and trellis. Proposed façade materials are cast stone at the pedestrian level and EIFS on the second story to match the existing façade. (See Ex. A-3b.) These alternative designs are supported by Lower Merion staff. If code compliant design elements were used, the addition would look like Ex. A-3a. 15. Northfield further testified that the Dollar Lot Building would have several blank courses on the east elevation if MUST design standards were strictly followed, as shown by blank windows and solid doors on Ex. A-5b. Proposed alternative design elements are glass doors (with either display cases or door sidelights) and awnings, as well as clear glass windows on the second floor, as shown on Ex. A-5a. Northfield testified that the alternative design avoids blank windows, creating a more inviting façade and better pedestrian experience. 16. The proposed Garage has code compliant façade articulation between the ground and upper levels on the south elevation where retail space will be located. The north, west and east facades are not strictly compliant with design standards, testified Northfield. Rather, various visual devices are proposed for the north, west and east facades where interior ramps and exterior sloping sidewalks make it difficult to achieve clear articulation between levels. Proposed visual devices are changes in materials, canopies and awnings to provide articulation, see Ex. A-7. 4 Exhibit C Page 5 of 14 Massing of the proposed Garage is deemphasized by horizontal and vertical articulation of the façade, as well as projecting and recessed elements occurring more frequently than specified by Code, see Ex. A-8 a,b,c. Solid precast panels are used on a portion of the west façade adjacent to an existing bank. Northfield testified that awnings will layer the façade and meet the intent of the MUST district design standards. The overall effect of the alternative design is a more residential scale of the garage. 17. A member of the North Ardmore Civic Association, Hugh Gordon, testified that the Applicant has done a good job addressing concerns about EIFS. Additionally, the proposed façade materials for Trader Joe’s are acceptable to the Civic. Moreover, the proposed façade with clear glass windows on the south elevation of the Dollar Lot building is preferred over the façade containing blank windows, testified Gordon. APPLICABLE ORDINANCES 18. The Mixed Use Special Transportation District is established as an overlay zoning district to encourage the development of transit-supportive mixed-use neighborhoods that foster economic viability, pedestrian activity and a sense of community. It recognizes the importance of public transit as a viable alternative to the automobile by permitting appropriate densities and a mix of land uses within walking distance to transit stops while, at the same time, providing sufficient off street parking to uses both in and adjacent to the MUST, Code §155-87.20A. 19. The Mixed Use Special Transportation District is intended to allow development that decreases auto dependency and mitigates the effects of congestion and pollution. The regulations create accessible neighborhoods and promote and protect the health, safety and general welfare of the citizens of Lower Merion Township. Further, this article is designed to enhance the economic stability of those areas of the Township to which the MUST applies, Code § 155-87.20.A.
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