SPECIAL BOARD OF COMMISSIONERS Daniel S. Bernheim, President February 26, 2020 AGENDA When addressing the Board of Commissioners, please state your name and address before making comments. As a courtesy to all, comments made from the audience during testimony or Board deliberation are not permitted and are not included as part of the public record. Public speakers are encouraged to summarize their comments and limit presentation to three minutes per item. The Board requests that the audience silence their cell phones at the beginning of the meeting. The Township has an assistive listening system to accommodate the hearing impaired. Please advise Township staff if you wish to utilize this equipment. 1. Call to Order 2. Roll Call 3. Public Hearings / Adoption of Ordinances • PUBLIC HEARING AND ADOPTION OF ORDINANCE - CHAPTER 155, ZONING CODE UPDATE • PUBLIC HEARING AND ADOPTION OF ORDINANCE - CHAPTER 155, AMENDMENT OF ZONING MAP • PUBLIC HEARING AND ADOPTION OF ORDINANCE - CHAPTER 135, SUBDIVISION AND LAND DEVELOPMENT - UPDATE CROSS REFERENCES TO ZONING CODE • PUBLIC HEARING AND ADOPTION OF ORDINANCE - VARIOUS CHAPTERS - UPDATE CROSS REFERENCES TO ZONING CODE 4. Adjournment 1 AGENDA ITEM INFORMATION COMMITTEE: Building and Planning Committee ITEM: PUBLIC HEARING AND ADOPTION OF ORDINANCE - CHAPTER 155, ZONING CODE UPDATE An Ordinance to amend the Code of the Township of Lower Merion, Chapter 155, Zoning, amending that Chapter in its entirety, revoking the text as it now appears, and adopting the text attached, thereby effecting a comprehensive rezoning of the entirety of the land comprising the Township of Lower Merion, including specifically the following Articles: Article 1, Introduction; Article 2: Definitions; Article 3: General To Districts; Article 4: District Specific Standards; Article 5: Uses; Article 6: Special Districts; Article 7: Conservation & Preservation Overlays; Article 8: Parking Standards; Article 9: Sign Standards; Article 10: Supplemental Use Regulations And Nonconformities; and Article 11: Process & Procedures, Together With List Of Tables And Figures. This Ordinance was authorized for advertisement at a stated meeting of the Board of Commissioners held December 18, 2019 and duly advertised in the February 2, 2020 and February 9, 2020 editions of the Main Line Times & Suburban. ATTACHMENTS: Description Type Memorandum - Zoning Code Adoption Backup Material Proposed Ordinance - Zoning Code Adoption Ordinance 2 TOWNSHIP OF LOWER MERION Building & Planning Department Memorandum Topic: Public Hearing to Consider Adoption of a New Zoning Code and Zoning Map Prepared by: Christopher Leswing, Director, Building & Planning Department Date: February 21, 2020 Action Consider the adoption of a new Zoning Code and Zoning Map. Background In January 2016, the Board of Commissioners adopted the Comprehensive Plan for the Preservation, Infill, and Redevelopment of Lower Merion Township. The Comprehensive Plan recognized that the Township’s land use regulations were oriented towards the subdivision and development of large tracts of vacant land, and that a new Zoning Code should be prepared to address the infill and redevelopment occurring in the community. At the Board’s direction DPZ began preparing the draft Zoning Code in 2017. The first draft of the new Zoning Code was publicly distributed in October 2018. Over 30 public meetings and five open houses have been held since the first draft of the Zoning Code was published. Several revised drafts, each accompanied by a list summarizing the new edits have been distributed and posted to the Township’s website at www.lowermerion.org/rezoning. 3 The Pennsylvania Municipalities Planning Code states that 2016 COMPREHENSIVE PLAN VISION zoning codes should reflect the policy goals of the statement of community development objectives of the Preserve Lower Merion's classic Comprehensive Plan, and give consideration to the residential neighborhoods, township's character of the municipality, the needs of the citizens and village cores and commercial areas to the suitability and special nature of particular parts of the improve walkability, expand transit municipality. use, and encourage design excellence. The draft Zoning Code is designed to advance the vision and community development objectives of Lower Merion Township’s 2016 Comprehensive Plan. It was prepared to achieve the three following major goals: 1. Achieve the desired density, and align the standards with Land Use and other relevant recommendations; 2. Promote the desired form and pattern of the built environment; and 3. Create a user friendly, publicly-accessible document. Major Changes from the Existing Zoning Code to the New Zoning Code The following list highlights key concepts and major changes implemented through the new Zoning Code: Township-wide Changes: 1. New zoning districts introduced. 2. Township-wide architectural standards established. 3. Modifications to how building height is measured. 4. Predominant setback established. 5. Conservation and Preservation Overlay District refined. 6. Affordable housing incentives refined. Institutional Changes: 7. Institutional Zoning District established. Commercial District Changes: 8. Commercial District height standards refined. 9. Mixed-Use Special Transportation (MUST) Overlay District eliminated. 10. Rock Hill Overlay District (ROHO) changed to Rock Hill Road District (RHR) and standards refined. 4 Township-wide Changes: 1. New zoning districts introduced The new Zoning Code is completely reorganized, and the Zoning Map includes the following zoning districts: Residential Institutional Districts Lower Density Residential LDR1 Institutional Nature Preserve IN Districts LDR2 Institutional Civic IC1 LDR3 IC2 LDR4 IC3 Medium Density Residential MDR1 Institutional Education IE1 Districts MDR2 IE2 MDR3 IE3 Special Districts Institutional Housing IH1 Medical Center District (MC) MC IH2 Bryn Mawr Medical District BMMD1 IH3 (BMMD) BMMD2 Industrial Districts BMMD3 Light Industrial District LI Rock Hill Road District RHR Commercial Bryn Mawr Village District BMV1 Village Center District VC (BMVD) BMV2 Town Center Districts TC1 BMV3 TC2 BMV4 City Avenue District (CAD) RCA Note: The zoning boundaries of the MC and BCR BMMD districts remain unchanged. BV 2. Township-wide architectural standards established Lower Merion Township is known for its high-quality architecture, historic vestiges, and scenic residential neighborhoods. The current Zoning Code only applies architectural standards to a handful of commercial zoning districts. The architectural standards in the Bryn Mawr Village District and the MUST overlay districts have resulted in new infill development and redevelopment that is complementary to the historic fabric of these commercial areas. Other commercial areas lacking architectural standards have seen more typical pad development where any meaningful architectural modifications and higher quality construction materials have been negotiated through the land development process. 5 The new Zoning Code establishes architectural standards township-wide to ensure quality infill development and redevelopment in all commercial and residential neighborhoods. The architectural standards require high quality building materials to ensure longevity and resilience. Storefront standards are established to promote active uses on the ground floor. The new Zoning Code allows variation in the architecture standards by conditional use. The establishment of architectural standards advances the following Comprehensive Plan community development objective: “To preserve and enhance the unique character and high quality of life for all residents in all parts of the Township. This will support the Township’s primary role as an attractive suburban, residential community...” 3. Modifications to how building height is measured Existing and Finished Grade: Recent land development applications have prompted a review of the way building height is measured. The current Code does not take the existing grade into account. The building height is measured from the mean level of the ground surrounding the building after construction. This allowed developers to bring in fill, regrade a property higher than surrounding properties, and construct a building that was compliant with the maximum height requirements even though it was taller than the surrounding existing buildings. Under the new Zoning Code, the building height will be measured from the existing mean grade if the finished mean grade is more than two feet higher than the existing mean grade. This will attempt to alleviate the increased height of new infill development so that it does not tower over existing structures. Residential Building Height: The new Zoning Code includes standards in the LDR and MDR1 Districts relating to the slope of the roof to discourage the development of large, boxy buildings atypical of the architectural character of Lower Merion. The modifications to how building height is measured implements the following Comprehensive Plan community development objective: “To guide future land development, consistent with the Future Land Use Map, to ensure that new development is compatible with the mass, scale, intensity and use of existing villages, neighborhoods and other developments and to create appropriately scaled, livable transitions between commercial and residential neighborhoods.” Staff will continue to monitor the new building height regulations after the code is adopted to determine if they properly address the