Consider for approval a Preliminary Land Development Plan. The Plan shows the construction of three (3) commercial buildings (17,500 SF total gross floor area) and related improvements between the existing office building and Belmont Avenue. The proposed project includes a 14,724 SF public gathering space, two (2) new minor streets, and 226 surface parking spaces.

The applicant is requesting the following waiver from the Township Code which was recommended for approval by the Building & Planning Committee:

·         §135-3.2(A) to not submit a Tentative Sketch Plan application.

Expiration Date – 9/18/2025.............................................................................Zoning – CAD-RCA

Applicant's Representative: George Broseman, Esq.

Applicant & Owner: KGSB, LLC 

On Wednesday, September 10, 2025, the Building & Planning Committee recommended approval of the proposed subdivision plan subject to the following conditions which shall be complied with on the Final Plan:

Township Engineer’s Review:

1.      The Township Engineer’s letter dated June 27, 2025 shall be incorporated by reference into these Conditions of Approval to the extent the same is not inconsistent with these Conditions of Approval or any relief or modifications granted.

Conditional Use:

2.      The conditional use approval conditions shall be listed on the Final Plan, and applicant shall comply with applicable conditions.

Site and Architectural:

3.      The proposed architecture shall utilize the following material palette:

• Walls –Cast or Buff Stone.
• Window Frames - Black Anodized Aluminum.
• Canopies and Copings - Dark Grey Aluminum. (of a similar color to existing entrance canopy on office building.)
• Landscape and Pergola Walls - Grey Fieldstone. (Similar color to the existing stone wall at the corner of City and Belmont Aves.)  

4.      In order to add depth and articulation to the proposed buildings the applicant shall provide:

• Horizontal divisions to the wall panels.
• Additional horizonal fenestration.
• A minimum of 6 inches of depth between the face of the ‘pilaster’ and the panel above the glazing.
• A minimum 6 inches of recess between the glazing and the face of the panels.
• A minimum of 2 feet between the middle building masses and adjacent sides.

5.      The proposed buildings shall be constructed substantially as shown on the architectural elevations prepared by RHJ Associates and presented to the Building & Planning Committee on September 10, 2025, with the exception of any de minimis changes, including those mutually agreed to with staff.

6.      Plans shall be revised to provide an at-sidewalk grade entrance to Buildings 2 and 3 from City Avenue as required by the storefront façade requirements at §155-3.5 Table 3.5.2, subject to providing handicapped accessibility with ramps as may be required.

7.      The applicant shall continue to work with staff on the overall architectural design of the structures, particularly Building 2, to ensure that the design adequately recognizes the site’s importance as a Township and City Avenue gateway and to better align with the intent of the architectural design standards stated in §155-6.6(I)(5) and §155-3.9.

8.      The developer shall investigate improving amenities that enhance the pedestrian experience as a gateway to Lower Merion Township

9.      The applicant shall consider increasing the pedestrian scale of the overall plan through the use of pergola extensions along street frontages from each of the three structures.

10.  Building signage shall be mounted no higher than 20 feet as per §155-9.8(A)(5). The applicant shall consider installing signage on awnings or in the area immediately above the ground floor windows.

11.  The applicant shall work with the City Avenue District to install features such as accent lighting, streetscape features and/or other features, particularly at Building 2, in conjunction with the City Avenue District’s streetscape plan and ongoing efforts to promote the district.

12.  Plans shall indicate the Frontage Yard type and Façade type as per §155-6.6, Table 6.6.6.

13.  Architectural elevations and renderings of all sides of the proposed building shall be submitted with the Final Plan, including the proposed materials. The applicant shall provide a chart to demonstrate compliance with the architectural design standards in §155-6.6(I) and §155-3.9.

14.  The applicant shall provide rendering(s) to illustrate the proposed structures in the context of the existing office structure, City Avenue and Belmont Avenue.

15.  The mean grade of the structures shown shall be verified. Documentation showing the calculations shall be provided. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.

16.  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).

17.  Exhaust vents and mechanical equipment on any building wall fronting the public gathering space shall be separated from it by a barrier sufficient to substantially, visually and audibly, conceal the audio and visual effects of its presence and operation as per §135-4.6(B)(2)(d).

Reserve Parking Structure:

18.  The applicant shall agree in a recorded covenant, approved by the Township Solicitor, to install the reserve parking spaces at any future time, if and when, the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property, subject to applicable appeal rights as per §155-8.3(F).

19.  The applicant shall adhere to the applicable conditions required by the Board of Commission resolution approving the reserve parking request.

20.  The applicant shall be required to complete the land development process for the reserve parking structure in the future if it is to be built.

Traffic Impact:

21.  The applicant shall submit a plan identifying any material changes to the site plan required by PennDOT which differ from the plan approved by the Township. The Township shall be copied on all PennDOT correspondence.

22.  If due, a traffic impact fee based on the Code requirements shall be submitted prior to the issuance of a building permit. The final amount of the fee, if required, shall be verified and may be adjusted as determined by staff.

Parking and Circulation:

23.  In lieu of providing the required number of bicycle parking spaces, the applicant shall install 26 bicycle parking spaces, a 15-space bike share station, and agree to enter into a minimum 3-year contract to host the bike share station. In the interim time from land development approval until project completion, the applicant shall work with the Township to provide a temporary location on the property for the bike share station. As required for station operation, electrical power shall be supplied to the bike share station. In the event that the applicant does not install the bike share station, the applicant shall install the balance of the required bicycle parking spaces.

24.  Bike racks shall be located in proximity to building entrances. A minimum of six (6) bike parking spaces shall be provided within the public gathering space as per §135-4.6(B)(3)f).

25.  In addition to a ‘Do Not Enter’ sign and line striping, the applicant shall add physical design elements that prevent vehicles from entering the entrance road going the wrong way.

26.  As relevant, future plan submissions shall be updated to reflect any changes or implementation of PennDOT’s TIP Project No. 115429, Belmont Ave & St. Asaphs Rd once PennDOT finalizes their updated intersection evaluation and determines a preferred alternative of either a roundabout or other roadway improvements with a modernized traffic signal.

27.  Interim improvements on Belmont Avenue along the site frontage may be required to provide a center left-turn lane prior to the implementation of PennDOT’s TIP Project 115429 improvements.

28.  A post-occupancy traffic analysis shall be conducted for the site access driveways to determine the need for site driveway turn restrictions and/or adjacent traffic signal optimization, as required by the Township Engineer. The applicant shall implement necessary modifications as required by this analysis.

Landscape & Greening:

29.  A revised landscape plan complying with the natural features code requirements of §101-9, the plant material and planting specification requirements of §135-5.8 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan and shall include compliance charts demonstrating compliance with each code section.

30.  The applicant shall provide section elevations and cross-sections for the City Avenue streetscape to show retaining walls, sitting walls, handrails, and ramps to illustrate how the various streetscape elements relate to the site grade. The applicant shall work with the Township on the City Avenue-facing treatment of the long seating wall and consider adding a mural or stone facing to deter graffiti.

31.  The applicant shall consider incorporating columnar canopy trees and other landscaping along building facades to soften the architecture.

32.  The applicant shall consider planting flowering vines at proposed pergola structure(s) to enhance the visual appeal of the pergola with seasonal color and passive cooling and shade.

33.  Sight lines for all intersections, including West Road and North Road, shall be shown on the landscape plans. Trees shall not be planted within sight lines and any plantings within sight lines shall be 18” maximum height.

34.  The applicant shall provide a section and section elevation with elevation points, through Building 1 with attached pergola and seating walls under the pergola.

35.  Plans and compliance charts shall demonstrate compliance with buffer and screening requirements for dumpsters and loading areas, §135-5.2(F). Screen details, specifications and elevations shall be provided. Any shrubs used for screening shall be evergreen.

36.  The applicant shall demonstrate compliance with §135-5.8.A.(5) to meet the requirements for native species for the proposed vegetation. A compliance chart shall be added to the plans.

37.  The applicant shall demonstrate compliance with §135-5.8.A.(6) to meet the requirements for minimum species diversity for all the proposed vegetation. A compliance chart shall be added to the plans.

38.  Additional lighting shall be added to the north lot to provide lighting coverage for the entire lot.

39.  The applicant shall incorporate vegetation within the three (3) tree pits located adjacent to the public gathering space at the Belmont Avenue frontage.

40.  The landscape plan shall correct the code section references in the §135-5.5 greening standards chart and provide specifications for the moveable seating shown in the public gathering space.

41.  Landscaping, streetscape and public gathering space improvements and any existing vegetation to remain shall be perpetually maintained in a healthy and sound condition in compliance with Natural Features Code §101-11 and shall include litter control, lighting and adherence to required lighting levels, and the care and replacement of furnishings and vegetation. The applicant shall record a covenant on the property in a form acceptable to the Township Solicitor to guarantee this requirement.

42.  Plans shall include a maintenance and operations plan for all proposed landscaping, including the public gathering space, street trees and amenities installed along the street frontages. The maintenance plan shall require a minimum every five (5) years evaluation of the street trees.

43.  The applicant shall coordinate with the Township on the final design and location of all proposed amenities, street furniture including benches, trash and recycling receptacles, tree grates and bicycle racks. Product specifications for all site amenities shall be provided with the Final Plan. Any changes made prior to construction shall be subject to staff approval.

Trees:

44.  The demolition plan shall clearly indicate trees and shrubs to be removed and/or impacted and include a table noting the genus/species, caliper and size of each tree to be removed or impacted with corresponding numerical labeling on the plan.

45.  Trees planted within the parking islands of the north lot shall be full-canopy deciduous trees.

46.  Native canopy trees shall be provided within the existing tree pits closest to St. Asaphs Road.

47.  In accordance with §135-5.1(C)(9) and §135-5.8(C)(3), the plans shall demonstrate that the minimum required soil volume for street trees will be provided, either through tree pits or linear tree planting areas, and that the proposed tree grates comply with applicable standards.

48.  The applicant shall work with staff on street tree pit details. Street tree pits shall be designed to provide adequate space for root zones based on the species of tree selected. Where space exists without interference from underground utility lines and facilities, structural or amended soil shall be used.

49.  The street tree branching height shall be increased to eliminate the potential for conflicts with signage, trucks and pedestrians.

50.  The applicant shall work with the Shade Tree Commission on street tree species selection. Final locations of all street trees shall be subject to the review of the Shade Tree Commission, Township Arborist and the Traffic Safety Unit.

Public Gathering Space and Pathways:

51.  The public gathering space shall be permanently set aside as such by a recorded covenant in a form acceptable to the Township Solicitor as per §135-4.6(B)(2).

52.  The Public pedestrian pathways shown on the plan that are also designated on the CAD Official Map shall be permanently designated as such by a recorded covenant in a form acceptable to the Township Solicitor as per §135-4.6(H).

53.  As per §135-4.6(B)(2)(e), the public gathering space shall be open to the public whenever the development is open to the public. An Entry Plaque sign that indicates the hours of public access shall be clearly visible from a public way. The Entry Plaque sign shall also indicate that the public gathering space is part of a privately owned open space system and shall provide information as to maintenance responsibility and contact information.

54.  Rendering(s) shall be provided to illustrate the public gathering space within the context of the site.

55.  Electrical power shall be supplied to the public gathering space to support any future programming.

56.  Plans shall demonstrate that trees in large planters will be planted with the required amount of soil volume as per §135-5.8(C). The applicant shall consider incorporating an irrigation system to ensure proper watering and drainage. The maintenance and operations plan shall include trees planted in large planters.

57.  The Applicant shall work with staff and the City Avenue District to design and install Wayfinding signage and Entry Plaque Signage to support the public gathering space and public trails. Wayfinding signage shall show the location of the proposed public gathering space and trails in relation to the City Avenue District, Cynwyd Trail and Pencoyd Landing trail networks, and include residential and commercial landmarks, bike share/transit infrastructure and locations accessible to the open space/trail network.

58.  Plans shall show the locations of the wayfinding signage to public transit facilities and/or public trails and on-site and/or electronic transportation information displays proposed in the applicant’s Transportation Demand Management Plan Strategy. On-site transportation displays shall be located to be seen by the greatest number of tenants/employees and site users. The design of the wayfinding signage shall be consistent with other wayfinding signage in City Avenue District and the applicant shall work with Township staff on the final signage design and placement.

Transit:

59.  The location and design of the westbound bus stop shall be reviewed and approved by SEPTA as per §135-4.9(K)(2). The applicant shall provide a copy of documentation from SEPTA approving the location.

60.  The applicant shall work with the City Avenue District and SEPTA to determine if an additional bus shelter on the eastbound side of City Avenue across from the site is feasible. If determined to be feasible, the applicant shall provide a financial contribution to the City Avenue District toward the installation of the bus shelter.

61.  The applicant shall provide information to retail tenants regarding the Township’s Transportation Demand Management Policy, including the Employer Best Management Practices and shall provide tenants with a listing of facilities available for bicyclist, carpoolers, pedestrian, and transit riders.

Utilities and Permitting:

62.  An encroachment agreement, approved by the Township Solicitor, shall be required for the proposed hardscape and landscape items located within the right-of-way and/or public easement(s).

63.  The applicant shall take ownership of the sanitary sewer main located on their property and agree to assume all associated responsibilities, contingent upon the Township’s formal abandonment of the main. The applicant will work with the Township’s Public Works Department and Solicitor to formalize the agreement.

64.  The applicant shall coordinate with PECO and relevant utility companies to install underground service cables from the ROW to any on-site structures.

65.  The applicant shall obtain a Highway Occupancy Permit (HOP) as required by PennDOT. Public Works shall be copied on all communications with PennDOT regarding any required HOP permits. The applicant shall submit a plan identifying any changes required by PennDOT which differ from the plan approved by the Township. The HOP shall also address changes being proposed for the stormwater inlet.

66.  The applicant shall obtain driveway, curb and sidewalk permits as required by Public Works.

67.  The applicant shall obtain a sanitary sewer connection permit for the proposed sanitary sewerconnections and plans shall include drawings of connections and laterals.

68.  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.

Engineering:

69.  The site access and work within the Belmont Ave and City Ave require PennDOT approval of a Highway Occupancy Permit. The proposed improvements shall be coordinated with the preferred Belmont Ave and St. Asaph’s Road intersection improvement alternative as determined by PennDOT and Lower Merion Township.

70.  Permits from the Public Works Department shall be required for the proposed connections to the sanitary sewer.

71.  The Zoning Officer shall agree with the number and tabulation of the final parking demand schedule.

Lighting:

72.  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.

73.  The lighting plan shall be designed to comply with the IECC or the ANSI/ASHRAE/IES Standard 90.1 that is in effect at the time of the application.

Other:

74.  The applicant shall select street names in compliance with §133-30 which states that streets with the same name but different street type designation shall not be permitted. The approved plan for the development at 121 E City Avenue states that, following completion, West Drive will be evaluated for connection to Belmont Avenue. The applicant shall incorporate names associated with Bala Cynwyd history for the internal roadways, public gathering space and, if possible, proposed buildings.

Sustainability:

75.  The applicant shall consider incorporating green technology into the project including, but not limited, to green roofs, solar panels, and geothermal heat and air conditioning. The applicant shall also consider having no natural gas connections.

76.  The applicant shall submit a statement with the Final Plan indicating how the Township’s recycling requirements will be complied with.

Construction:

77.  The applicant shall salvage the existing wall along City Avenue and shall coordinate with the Township to offer the salvaged material to the Township for trail use.

78.  The applicant shall conduct regular street cleaning of all roadways adjacent to active portions of the construction site. Staff shall have the right to order street cleaning more often if there is evidence of construction related debris in the roadway during the project.

79.  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.

80.  The applicant shall identify a contact person to be on-site and enforce the construction parking plan as well as other neighborhood issues that may arise due to the construction.

81.  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.

82.  As feasible pedestrian access shall be maintained through the site during the construction and installation of new walkways.

Standard Conditions:

83.  Sidewalk and curb shall be repaired/replaced at the direction of the Township.

84.  Signage shall be subject to the review and approval by the Zoning Officer.

85.  The applicant shall install a Knox Box entry system at the exterior of all commercial, institutional and multifamily residential buildings at or near the main entrance to the building and/or at other locations as determined and approved by the Fire Marshal.

86.  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.

87.  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.

88.  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).

89.  The final plan submission 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.

90.  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.

91.  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. The 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.

92.  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.

93.  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.