Consider for recommendation to the Board of Commissioners approval of a Preliminary Land Development Plan. The Plan prepared by Yohn Engineering, LLC dated December 4, 2017, last revised January 19, 2018 shows the demolition of all existing buildings, consolidation of five lots to create a 57,939-sq. ft. (1.33 acre) lot, construction of a new five-story mixed-use building with a 35,551-square foot footprint containing 6,650 square feet of ground floor retail along Bala Avenue and 86 apartments. The proposal includes two levels of structured parking accessed from vehicular driveways from Bala Avenue and N. Highland Avenue. 

Expiration Date:  March 9, 2018.............................................................Zoning:  CAD/BV

Applicant: Kenneth Aaron, Esquire, Wier and Partners

Applicant's Representative: Kenneth Aaron, Esquire, Wier and Partners

Property Owner: CP Acquisitions 27 LLC

The Plan includes the following relief as recommended by the Planning Commission:

• Stormwater Management & Erosion Control Code Section 121-4.A.1.b & 121-6.D.6, to not document and control the during construction peak rate runoff.

• Natural Features Code Section 101-9, to provide some of the minimum amount of required plant material  off-site.

The following conditions shall be complied with prior to recording the Final Plan by means of plan revision, completion or financial guarantee, unless specifically exempted. On Monday, February 12, 2018 the Planning Commission recommended approval subject to the following conditions:

Township Engineer’s Review:

1.     The Township Engineer’s review letter dated February 2, 2018 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval.

Architectural Elevations/Site Design:

2.     The proposed building shall be constructed substantially as shown on the elevations prepared by Bernardon dated December 4, 2017, last revised January 19, 2018, and shall be constructed in compliance with the Architectural Design Standards in Zoning Code Section 155-219.F.4.

3.     The HVAC/mechanical equipment shall be screened on all sides whether on the roof of the building or on the ground. If located on the roof, the screening shall be integrated into the architecture of the building to improve the appearance and better mitigate noise from the unit(s).

4.     The mean grade of the structure shall be calculated and shown on the Final Plan. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.

5.     The applicant shall utilize the services of an architectural salvage or deconstruction company, to preserve or recycle building materials on the existing structures, including but not limited to stone, brick, and wood. Architectural details such as windows and interior and exterior details including but not limited to fixtures and any wood, glass and metalwork of quality and good condition shall be salvaged. The applicant shall provide documentation to planning staff indicating how this condition will be met.

6.     The applicant shall explore ways to incorporate the existing stone, brick, and tile work into the proposed structure, landscape walls and features.

7.     The trellis shown adjacent to the northwest property line shall be attached to the building and shall be subject to the approval of the Township Zoning Officer. An alternative structure may be proposed if it meets both the minimum and maximum side yard setback as determined by the Township Zoning Officer.

8.     The applicant shall submit photographic documentation of the exteriors of the buildings to be demolished to the Township.

Landscape Plan/Streetscape:

9.     The applicant shall comply with the Greening Standards in Subdivision & Land Development Code Section 135-41.4.

10.  A revised landscape plan complying with Natural Features Code Section 101-9 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

11.  If any required plant material cannot be reasonably accommodated on-site as determined by staff, it shall be provided off-site.

12.  The species of each individual plant type shall be included on landscape plan sheets L0.0 and L3.0.

13.  The applicant shall work with staff on the species of plant material so that underground utilities, overhead wires and salt tolerance are considered.

14.  The applicant shall work with staff to confirm that any portion of the above-ground parking garage visible from adjoining properties and the right of way is sufficiently landscaped and adequately screened.

15.  A maintenance and operations plan shall be submitted for the proposed landscaping, street furniture and other amenities installed as part of this project.

16.  A sign shall be provided at the entrance to the civic space to identify it as a public space.

17.  The applicant shall grant an easement to the Township allowing public access to the civic space. The language of the easement shall be subject to the approval of the Township Solicitor.

18.  The applicant shall work with staff to ensure that an appropriate mix of evergreen and deciduous plant material is provided in the buffer areas.

19.  The applicant shall explore providing streetscape improvements along the frontage of 202 Bala Avenue including street trees along the entire N. Highland Avenue frontage and potted plants or window boxes along the Bala Avenue frontage.

Traffic, Circulation & Easement Access:

20.  The trip distribution percentages in the traffic study on Figure 2-3 to/from Union Avenue shall be confirmed.

21.  The applicant shall investigate obtaining an easement over 10 Montgomery Avenue to allow informal pedestrian access from Hardie Way to Bala Avenue. 

22.  A striped crosswalk and ADA ramps shall be provided at the intersection of Heather Road and N. Highland Avenue. 

23.  Parking spaces within the retail garage level shall be adjusted/removed to allow for adequate circulation or to create a turn-around area for use when all parking spaces are full.

24.  A detectable warning surface shall be shown in the sidewalks adjacent to the crossing of the driveways and shall be subject to the approval of PennDOT.  A detail shall be provided on the plan.

25.  A PennDOT Highway Occupancy Permit shall be obtained for the work in the right-of-way of Bala Avenue.

Construction Details & Coordination:

26.  Concrete sidewalk shall be shown and clearly noted to cross the drive at grade. The width shall be clearly dimensioned on the plan.

27.  The construction entrance location shall be coordinated with the installation of utilities as it may require temporary relocation outside of the area for the proposed service utilities.

28.  Adequate maneuverability for passenger cars and delivery/service vehicles shall be more fully documented in the garage at the loading area and at the access drives. The radii at the driveway access/egress locations shall be labeled on the plan. On-street parking that prevents acceptable maneuverability shall be removed as directed by the Township Engineer. 

29.  A detail of the retaining wall shall be provided that is sufficient for review and installation. Additional top and bottom of wall elevations shall be provided. Calculations shall be provided for wall heights exceeding four (4’) feet.

Stormwater:

30.  All HDPE pipe shall be further specified as smooth interior.

31.  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.

32.  Inlet protection shall be provided for all existing inlets downgrade of the earth disturbance and for all proposed inlets until final stabilization of the site is achieved. 

33.  A modified structure shall be provided for replacement of or modification to the existing inlet receiving the basin outflow connection and a detail shall be specified on the plan. The existing inlets shall be noted to be repaired/replaced as applicable.

34.  The existing inlets shown on the plan shall be numbered for reference.

35.  The permanent stormwater management system shall be designed for full code compliance and be installed and made operational as soon as possible in the construction sequence.

Utilities:

36.  The proposed gas lateral shall be shown to tie into the existing gas main.

37.  The location of existing storm sewers shall be provided. The size, slope, and material of all storm sewers within two hundred (200’) feet of the property shall be indicated.

38.  The location of all transformers and utility boxes shall be shown on the Final Plan. Additional utility improvements resulting in material changes to approved plan including but not limited to the loss of required parking, changes to circulation patterns or the alteration of the quantity or location of proposed landscaping shall require an amendment to the approved plan.

Standard Plan Conditions:

39.  The allowable and proposed impervious coverage and building coverage listed in the zoning table shall be consistent with the calculations and tabulations on the plan.

40.  Documentation for the Transit Facility Improvement Floor Area Ratio (FAR) bonus and the Off-Site Traffic Improvement (OSTI) FAR bonus shall be provided if a fee in lieu is not used. 

Standard Conditions of Approval:

41.  Per Chapter 92 of the Township Code, since the proposed residential building is proposed to have more than 45 units, an on-site manager shall be provided.

42.  A deed of consolidation shall be recorded subsequent to the recording of the Final Plan.

43.  The applicant shall submit a parking plan with the Final Plan detailing where construction vehicles will be parked. The plan shall be subject to the approval of the Township prior to the issuance of any permits.

44.  All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street. This includes personal vehicles operated by construction workers or vehicles operated for construction workers, material suppliers, product vendors, and all construction trades engaged in the project.

45.  The plans submitted with the building permit shall document the required recreation area or the applicant shall pay a fee for any required recreation area not provided. The fee shall be submitted at the time the building permit is submitted.

46.  An outdoor lighting plan, sealed by a responsible design professional that includes illuminance patterns shall be submitted to and approved by the Director of the Building and Planning Department prior to issuance of any permits. The location, luminaire type, wattage, means of control and pole height shall be indicated. Lighting shall be designed to minimize the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties. Exterior luminaires shall be full cut-off unless it can be demonstrated that cut-off luminaires are more appropriate and will result in less off-site light trespass.

47.  The lighting plan shall be designed to comply with the 2009 IECC or the 2007 ASHRAE Standard 90.1.

48.  If required by a Township Public Safety Agency, all new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems at the exterior of the building.

49.  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.

50.  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).

51.  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.

52.  The Final Plan, complying with all applicable conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Preliminary Plan approval by the Board of Commissioners.

53.  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.

54.  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.

55.  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.