Consider for approval a Preliminary Land Development Plan. The Plan prepared by Chester Valley Engineers, Inc. dated June 29, 2018 and last revised February 15, 2019, shows the consolidation of 9 & 11 Elliott Avenue with a lot line change between the consolidated Elliott Avenue parcel and the W. Lancaster Avenue parcel, construction of a two-story building with a 7,484 square foot footprint fronting on Elliott Avenue; reconfiguration and expansion of the existing parking lot on Elliott Avenue to create 40 parking spaces and reconfiguration of the existing surface parking lot on 762 W. Lancaster Avenue to create eight parking spaces. 

The application requires the following relief which was recommended for approval by the Building & Planning Committee:

a.    Subdivision and Land Development Code Section 135-35A(2) to increase the existing irregularity of the lot lines.

Expiration Date – 4/30/2019....................………....…………Zoning – BMVD-4/BMVD-3/R-4

Applicant: Michael Convery, P.E., Aqua Pennsylvania, Inc.

Property Owner: Aqua Pennsylvania, Inc.

Applicant's Representative: Denise Yarnoff, Esquire, Riley, Riper, Hollin & Colagreco

On April 10, 2019 the Building & Planning Committee recommended approval subject to the following conditions:

Township Engineer’s Review:

1.    The Township Engineer’s review letter dated February 25, 2019 shall be incorporated by reference into these conditions of approval to the extent the same is consistent with these conditions of approval.

Conditional Use:

2.    The applicant shall comply with any conditional use conditions which shall be listed on the Final Plan.

Architectural Elevations:

3.    The applicant shall provide photographic documentation of the exterior of the buildings on Elliott Avenue prior to demolition.

4.    The new building shall be designed as a separate building from the existing Aqua building to include a fire wall that separates the buildings in compliance with the International Building Code fire rating requirements. Any openings in the fire wall shall comply with the International Building Code fire wall opening limitations.

5.    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 Zoning Code Section 155-215 or conditional use to deviate from those standards shall be obtained.

6.    The proposed building shall be constructed substantially as shown on the architectural elevations prepared by Bernardon, dated February 15, 2019, with the exception of any de minimis changes, including those mutually agreed to with staff, or imposed by the conditional use approval.

7.    If permitted by conditional use, the color of the EIFS shall match the color of the existing building.

8.    All signage shall be subject to a separate review for compliance with the Zoning Code by the Zoning Officer.

9.    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).

10.  The mean grade of the addition shall be calculated and shown on the plan.  The architectural plans must be coordinated with and must comply with the grading proposed with this application.

Landscape Plan & Greening Standards:

11.  A revised landscape plan, complying with Natural Features Code Section 101-9 with the exception of any relief, Subdivision and Land Development Code Sections 135-30 and 135-41.4, Zoning Code Section 155-213.E and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

12.  The applicant shall contact the adjacent property owner on which Starbucks is located to coordinate plantings and fencing.

13.  All chain link fencing shall be removed from the project area.

14.  The applicant shall provide native or non-invasive adapted plant species on the landscape plan.

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.  The plan shall be revised to provide two bicycle racks on site.

17.  Landscape improvements provided for this application shall be perpetually maintained in a healthy and/or sound condition in compliance with Natural Features Code Section 101-11. The applicant shall record a covenant on the property in a form acceptable to the Township Solicitor to guarantee this requirement. A draft covenant shall be submitted with the Final Plan.

18.  The applicant shall consider providing an educational component to the project to highlight the environmental benefits of greening and stormwater bio-filtration.

19.  The required buffer shall be brought up to current standards as directed by the Zoning Officer, which includes the removal of all unauthorized improvements.

Stormwater Management:

20.  Adequate protection during construction for the seepage beds shall be provided and shown on the plans.

21.  The dimensions of the biofiltration area shall be clarified and the full design shall be provided on the plan, including a cross section. Pedestrian access through the area shall also be clarified.

22.  The manhole receiving the connection of the seepage bed outflow pipe shall be repaired or replaced as directed by the Township. A note to this effect shall be added to the Grading and Utility Plan.

23.  A detail of the proposed inlets shall be provided on the plan.

24.  The proposed seepage beds shall be a minimum of five (5’) feet from the existing underground electric service.

25.  AASHTO No. 1 stone shall be used in the seepage bed in the main parking area.

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

27.  The trench drain outlet structure invert elevation and length/slope of the pipe shown in the detail shall be consistent with the calculations. 

Parking & Circulation:

28.  A crossover access easement and a shared parking agreement shall be provided for the required parking that is located on 762 W. Lancaster Avenue but serves this development and for the portion of the row of eight parking spaces in the Elliott Avenue parking lot that is located across the property line.

29.  A post-development study of the intersection of Lancaster Avenue and Elliott Avenue shall be provided and shall include signal timing adjustments for optimization of operation to be performed if required and if/as approved by the Township. 

Construction Details:

30.  Existing depressed curb, not part of the proposed driveway access, shall be raised to full reveal. The length of any curb to be raised to full reveal shall be dimensioned on the plan.

31.  Silt fence shall be shown around the topsoil and fill material stockpiles.

32.  Sidewalk details shall be revised to conform to Township standards. A minimum concrete compressive strength of 4000 psi shall be specified.

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

34.  The construction entrance detail shall be modified to indicate placement of the AASHTO No. 1 stone starting five (5’) feet from the cartway. Crushed stone shall be shown in the area between the start of the entrance and the curb line.

35.  The radii at all driveway access/egress shall be shown on the Layout and Geometry Plan and shall be demonstrated to be adequate. 

36.  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.

37.  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.

38.  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.

Demolition:

39.  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.

40.  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.

41.  During demolition of the existing structures 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.

Utilities:

42.  Separate permits and approvals shall be obtained from the Public Works Department for all sanitary lateral work.

43.  It shall be clearly noted on the plans where existing utilities are to be disconnected and removed.

Standard Conditions of Approval:

44.  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.

45.  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.

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 and shall be accompanied by a letter 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 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.

54.  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.

55.  The property owner(s) shall comply with all federal, state and applicable Lower Merion Township ordinances and laws regardless of specific mention herein.