5.
March 3, 2017
TO:
Planning Commission Members
FROM:
Christopher Leswing, PP, AICP, Assistant Director, Planning
SUBJECT:
ORDINANCE AMENDMENT – City Avenue District
Introduction
The proposed ordinance amendment clarifies the required greening standards in the City Avenue
District and incentivizes mixed-use buildings or multiple-use developments by amending the maximum
impervious surface and building height requirements. The Building & Planning Committee will
consider the City Avenue District ordinance amendment at their meeting on Wednesday, March 8th for
authorization to advertise, hold a public hearing, and consider for adoption on April 19th.
Background
The City Avenue District was enacted nearly five years ago in April 2012 following several years of
planning and civic engagement. The Township has seen a handful of development proposals in the
years since the enactment of the City Avenue District ordinance. In applying the zoning provisions staff
has identified opportunities to improve the district requirements. For example, the City Avenue District
indicates in §155-217 C (7) that the greening standards in §135-41.4 shall apply. However, the table in
§135-41.4 was not updated to indicate which standards applied to the City Avenue District. The
proposed ordinance amendment clarifies which greening standards apply and also includes text
amendments clarifying the lot width requirements.
The impervious surface and building height amendments summarized below will address some of the
concerns raised by the property owners in this district and the residents living in buildings abutting this
area. Some residents in this area have expressed concern about building height in this district. The
increased impervious surface permitted by this amendment also provides an opportunity to address the
building height concerns. Any property owner taking advantage of the permitted increase to
impervious surface will also be subject to a 20% reduction in the maximum building height permitted
in the City Avenue District. The increased impervious surface and reduced building height provide
benefits to both the property owners in this district and the residential neighbors.
The amendment to §155 -217 C (6) (b) incentivizes mid-rise mixed-use buildings or multiple-use
developments by excluding the land area required to provide new streets from the maximum
impervious surface calculation when the height of any building on the lot is at least 20% less than the
maximum height. The City Avenue District requires the construction of new minor streets when a lot
exceeds 600 feet in width with the intent of breaking up large mega-blocks and making the area more
pedestrian friendly. The preferred location of the new streets is provided on the City Avenue Official
Map.
1
City Avenue Official Map
The amendments to §155 -217 C (6) (b) also allows public gathering space authorized under § 155217E (1) and public, multipurpose pathways authorized under § 155-217E (9) to be excluded from the
maximum impervious surface limits when the height of any building on the lot is at least 20% less than
the maximum height. Excluding the public gathering space and the public multipurpose pathways from
the impervious surface calculations is in keeping with zoning provisions in this area as a similar
exemption is currently applied in the nearby M-District. The proposed ordinance limits the total
impervious surface on a lot to 85% of the net lot area.
The addition of public trails, public gathering space, and new pedestrian-scaled streets are key
infrastructure improvements necessary to reduce the prevailing auto-orientation of the City Avenue
District. Incentivizing these improvements through private redevelopment is in the public interest.
1. Consistency with Comprehensive Plan
Periodically reviewing and refining the Zoning Code and the Subdivision and Land Development
Code advances the following recommendation of the Township’s Comprehensive Plan:
LC65 Continue to refine the City Avenue District provisions and Official Map as necessary to ensure
that future development is consistent with the established intent of the ordinance and desired
land use and form of the district.
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AN ORDINANCE
NO. _______
AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 135,
Entitled Subdivision and Land Development, Article V, General Standards, §135-41.4.
Greening Standards by Adding the City Avenue District To Table 1, Required Greening
Standards; And To Amend Chapter 155, Entitled Zoning, Article XXXV, City Avenue
District, §155-217, City Avenue District: Regional Center Area, §155-217C(5), To Clarify
The Lot Width Requirements; And To Amend §155-217C(6) Impervious Surface To Provide
That If The Height Of A New Mixed-Use Building Or Any New Building On a Lot With A
Multiple-Use Development Is 20% Lower Than The Maximum Height Permitted, The
Following Improvements Will Not Be Counted As Impervious Surface: Improvements
Constructed Within The Right-Of-Way For New Streets Required Under §155-217C(5);
Public Gathering Space Authorized Under §155-217E(1); And Public, Multipurpose Paths
Authorized Under §155-217E(9); And To Establish That In No Event The Impervious
Surface Exceed 85% Of The Net Lot Area.
The Board of Commissioners of the Township of Lower Merion hereby ordains:
Section 1. The Code of the Township of Lower Merion, Chapter 135, entitled
Subdivision and Land Development, Article V, General Standards, §135-41.4 Greening
Standards is hereby amended to provide as follows:
Table 1
Required Greening Standards1
New Buildings in the
BMV2, BMV3 and BMV4
Districts
New Buildings in the
BMV1 District and the
City Avenue District
3 points from Categories A,
B or C for each 25 linear feet
of frontage
6 points from Categories A,
B or C for each 25 linear feet
of frontage
6 points from Categories A
or B for each 25 linear feet
of frontage; and 4 points
from Category C for each 50
linear feet of frontage
Shade trees, in accordance
with § 135-30 of the Lower
Merion Subdivision and
Land Development Code
Shade trees, in accordance
with § 135-30 of the Lower
Merion Subdivision and
Land Development Code
Shade trees, in accordance
with § 135-30 of the Lower
Merion Subdivision and
Land Development Code
Building Additions
NOTES:
1
Editor’s Note: See Table 2 for description of categories and assignment of point value.
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Revised 3/3/17
Section 2. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning,
Article XXXV, City Avenue District, § 155-217, City Avenue District: Regional Center Area
(RCA), §155 -217 C (5), Lot Width, is hereby amended to provide as follows:
(5) Lot width.
(a) There is no minimum lot width.
(b) The maximum width of a lot between street intersections is 600 feet.
(c) Where additional development is proposed on an existing lot wider than 600
feetthat exceeds the maximum lot width, new minor street(s) shall be constructed
to reduce the lot width to within the maximum permitted. conform to the
requirements for a maximum frontage of 600 feet between intersections with
public or private access streets. This requirement shall only apply to all new
buildings and additions to an existing buildingadditional development that
exceeds the greater of 10,000 square feet in total building area or the addition of
exceed 10% or more of to the floor area of an existing building,, whichever is
greater determined cumulatively after the effective date of the Article..
(d) This requirement shall not apply when the applicant can demonstrate that the
creation of a new street would result in an unsafe traffic condition, subject to
confirmation by the Township Engineer or Traffic Safety Division of the Lower
Merion Township Police. In this instance, the lot width requirement may be
extended and the roadway may be moved to a location where a new street can
comply with all current safety standards.
(e) Where lots front on more than one street, the maximum lot dimension of 600 feet
applies to all street frontages.
(f) The land area required to provide new public or private street(s) to comply with
the lot width provisions may continue to be counted as lot area for purposes of
compliance with this Article, provided that the new street(s) include public onstreet parking on both sides of the street.
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Revised 3/3/17
Section 3. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning,
Article XXXV, City Avenue District, Regional Center Area §155 -217 C (6) Impervious Surface
is hereby amended to provide as follows:
(6)
Impervious surface. The impervious surface shall be limited as follows:
(a) Single-use buildings. The impervious surface is limited to 60% of the net lot
area.
(b) Mixed-use buildings or multiple-use developments. The impervious surface is
limited to 70% of the net lot area. The following improvements shall not be
counted against the maximum impervious surface limits of any new mixed use
buildings or multiple-use developments, provided the height of any building
on the lot is at least 20% less than the maximum height allowed:
[1] The impervious surface within the right-of-way of a street constructed to
comply with the maximum lot width limitation under §155 -217C (5).
[2] The public gathering space authorized under § 155-217E (1).
[3] Public, multipurpose paths authorized under § 155-217E (9).
[42]
In no event may the impervious surface on a lot improved with
mixed-use buildings or multiple-use developments exceed 85% of the net
lot area.
(c) A lot or lots nonconforming to the impervious surface provisions in this
Aarticle shall be subject to the following:
[1] Any building, more than 75% of the floor area of which has been damaged
or destroyed by fire or other natural cause, may be replaced. When the
floor area of the new building exceeds the floor area which existed prior to
the damage by more than 10%, the lot shall comply with the impervious
surface requirements in this Aarticle.
[2] Any land development application to expand the floor area of an existing
building on a lot(s) by more than 10% above the floor area that existed as
of the effective date of this zoning districtArticle shall be required to bring
the lot into compliance with the impervious surface requirements in this
Aarticle.
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Revised 3/3/17
(d) Pervious areas created by this section shall be consolidated whenever possible
and shall connect to areas developed for public multipurpose trails,
pedestrianways, public gathering spaces and plazas.
Section 4. Nothing in this Ordinance or in Chapter 135 or Chapter 155 of the Code of the
Township of Lower Merion, as hereby amended, shall be construed to affect any suit or
proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any
cause or causes of action existing under the said Chapters 135 or 155 prior to the adoption of this
amendment.
Section 5. The provisions of this Ordinance are severable, and if any section, sentence,
clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of
competent jurisdiction, such decision of this court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the
intent of the Board that this ordinance would have been adopted if such illegal, invalid, or
unconstitutional section, sentence, clause, part, or provision had not been included herein.
Section 6. This Ordinance shall take affect and be in force from and after its approval as
required by law.
Enacted by the Board of Commissioners of the Township of Lower Merion this______
day of_______________, 2017.
BOARD OF COMMISSIONERS OF THE
TOWNSHIP OF LOWER MERION
______________________________
Daniel S. Bernheim, President
ATTEST:
___________________________________
Jody L. Kelley, Secretary
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Revised 3/3/17