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Building & Planning Committee (Special)
All Times Are Approximate
Date: 2/20/2013 7:45 PM
Location: Township Administration Bldg - 2nd Floor Board Room
75 East Lancaster Ave
Ardmore, Pennsylvania 19003-2323

Co-Chairs: Commissioners Elizabeth S. Rogan & Philip S. Rosenzweig 
Vice-Chairs: Commissioners George T. Manos & Daniel S. Bernheim 

    50 E Wynnewood Road,
    Wynnewood Shopping Center,
    Wynnewood, Ward 7, LD# 3678

  2. Expiration Date – 2/20/2013 ......................................... Zoning – C 1/R 7

    Applicant – David Joss, Federal Realty Investment Trust
    Property Owner – Federal Realty Investment Trust
    Applicant’s Representative – George Broseman, Esquire, Kaplin Stewart

    Consider for recommendation to the Board a Preliminary Land Development Plan prepared by Bohler Engineering, dated November 2, 2012, last revised January 17, 2013, showing the demolition of the existing 4,052 square foot building, construction of a 6,576 square foot restaurant with an outdoor dining and plaza area and the removal of 13 parking spaces. 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. (Exhibit A)

    Hours of Operation & Outdoor Dining Area:

    1. The principal use of the proposed building shall be a restaurant with a bar as a permitted accessory use. The majority of the gross receipts from the proposed restaurant shall be from the sale of food. The restaurant operator shall submit an annual report to the Township documenting compliance with this condition.
    2. The restaurant shall close no later than 11 PM on weekdays, midnight on Friday and Saturday nights, and 10 PM on Sundays and holidays.
    3. There shall be no live, outdoor music permitted for the restaurant. Any other outdoor music for the restaurant shall end no later than 7 PM each day. 
    4. A physical separation shall be constructed parallel to the sidewalk in front of the restaurant to screen the outdoor dining area from residences along Cloverhill Road. The first four feet in height shall be constructed of a solid material and the remaining portion may consist of lattice or vegetation. 
    5. The applicant shall continue to work with staff to ensure that the details of the outdoor dining area and plaza area are sensitive to the adjoining residential neighborhoods.

    Construction & Demolition:

    1. Demolition and construction for the restaurant project shall be limited to 8:00 AM to 6 PM, Monday-Friday (not including legal holidays), with the exception of work needed for limited, special circumstances. No work shall occur on Sunday.
    2. All construction vehicles shall access the site from the western most curb cut on E Wynnewood Road.
    3. Construction and contractor’s vehicles shall park in the East Wynnewood Road side of the shopping center parking lot during construction.
    4. 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 building 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. 
    5. During demolition of the existing structure the applicant shall ensure that the contractor takes appropriate measures to minimize dust. A hose shall be provided on site to spray the building during demolition.

    Site Design & Architectural Elevations:

    1. New mechanical equipment for the proposed building shall be screened on all four sides whether on the roof or on the ground. The screening shall be approved by Township staff. 
    2. Signage shall only be “halo” illuminated or alternatively external direct illumination from above the sign using fully shielded light fixtures. Conventional internal illumination of the box sign shall not be permitted.
    3. There shall be no exterior sign on the side of the restaurant building facing the Wyndon apartment property.
    4. The applicant shall continue to work with staff to develop an architectural program for the new building to ensure that the new construction is in harmony with the surrounding retail architecture. The architectural program shall address details such as awnings, windows, placement of doors, façade materials and lighting fixtures.
    5. The location of any proposed advertising signage for the property shall be shown. 
    6. The existing bike rack in front of Giant shall be upgraded as directed by the Township. 
    7. A six foot wide sidewalk shall be provided along the Lancaster Avenue frontage of the property and shall wrap the corner of Lancaster Avenue and Cloverhill Road. From Cloverhill Road up to the first curb cut on the applicant’s property, a four foot wide sidewalk shall be installed. The applicant shall be required to post financial security the on-site sidewalk, but no work, approvals, permits or certificates including but not limited to certificates of occupancy shall be conditioned, withheld or delayed on account of the on-site sidewalk or any off-site work.
    8. The applicant shall install a break in the existing wall at the corner of Lancaster Avenue and Cloverhill Road to provide pedestrian access into the shopping center unless precluded by a previous land development approval for the property.

    Landscaping & Site Design:

    1. The applicant shall work with staff to select larger canopy deciduous shade and flowering trees for the parking lot islands that will provide greater screening and stormwater management benefits. 
    2. To provide additional screening for adjacent residences, at least five additional evergreen trees shall be provided in the planted area adjacent to Cloverhill Road. 
    3. The four existing striped areas in the southern portion of the parking lot closest to the proposed restaurant shall be converted to planted areas which shall be planted with large canopy deciduous shade trees or the additional trees shall be provided along Cloverhill Road as directed by the Township Arborist and Planning staff. 
    4. The species of plants in the rain garden shall be adjusted as directed by Township staff to other species on the approved Township list as mutually agreed upon by the Township and the applicant. 
    5. Trees impacted by the storm sewer work and other improvements shall be clearly noted on the Utility Plan. Treatment of the trees prior to construction to protect the root system shall be performed and shall be approved by the Township Arborist. 
    6. A revised landscape plan complying with the applicable portions of the Natural Features Code Section 101-9 and conditions herein and shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

    Traffic & Circulation:

    1. The rear driveway between East Wynnewood Road and the proposed restaurant is a designated delivery truck waiting area for trucks waiting for the Williams Road loading dock. The final plan shall include a designated area for the required temporary truck parking. 
    2. Centerline, double-yellow pavement markings shall be added at all four (4) aisle locations near the southwest corner of the proposed restaurant in order to better control traffic movement in these locations. 
    3. The reduced aisle width in the area of the proposed three (3) new parking spaces and the curb radii of the island shall be dimensioned on the plan.
    4. A post development traffic count and analysis of the signalized drive-access intersection in the traffic study (i.e. Penn Road/Wynnewood Road) shall be provided and the timings optimized as required/directed by the Township. 
    5. A detail for the sign restricting the parking times for the employee spaces near the trash enclosure shall be provided. The restriction time shall be as directed by the Township Engineer or at a minimum a two (2) hour window shall be provided. 
    6. “No Parking by Order of the Fire Marshal” signs shall be shown as directed by the Fire Marshal.

    Stormwater Management:

    1. Calculations shall be submitted qualifying the size and slope of the proposed stormwater conveyance lines. Drainage area maps for the inlets/roof areas collected shall be included.
    2. The species of trees on the property within twenty-five (25’) feet of disturbance shall be included on the plan.
    3. No grading changes shall be shown within three (3’) feet of the property line to ensure transition to the grading on the adjoining property. This shall be clearly noted on the plan. 
    4. A description of how the permanent stormwater BMPs will be operated and maintained shall be submitted by the design engineer. Maintenance requirements for the rain garden and conveyance pipes and the frequency of inspection shall be listed on the plan. The contact information for the party responsible for the operation and maintenance of the facilities shall be listed. 
    5. The yard drain structures and storm manhole shall be numbered on the utility plan for reference. 
    6. The size, material and minimum slope of the relocated roof drain connecting to the proposed twelve (12”) inch RCP shall be indicated. A clean-out shall be shown. 
    7. Details of the yard drains and storm manhole structures shall be added to the plan.


    1. A thirty (30) foot wide easement shall be provided centered on the sanitary sewer main. An Indemnification Agreement shall be entered into with the Township for improvements that encroach into the easement.
    2. The Public Works Department shall approve the final design of the sanitary sewer lateral and connection. Separate permits are required for the lateral and grease trap.
    3. A Planning Module or Exemption shall be approved by the City of Philadelphia and the DEP prior to recording the Final Plan unless the applicant provides an acceptable indemnification to the Township.

    Construction Details:

    1. The detail sheet shall indicate 9’ x 19’ parking stalls in order to be consistent with Township standards. 
    2. Township standard placards indicating fines for violations shall be included in the ADA sign detail on the plans. 
    3. An alternate soil stockpile location shall be provided to be used if/as required.
    4. All sidewalk and driveway apron/curbing that is in a deteriorated condition shall be repaired/replaced as directed by the Township.

    Standard Plan Items:

    1. The proposed trash dumpsters shall be enclosed with a fence or a wall. The refuse and recycling pick up may only occur after 8 AM and prior to 6 PM.
    2. Concrete road control monuments shall be installed at the right-of-way at the intersection of each property line and at all changes in direction if and when directed by the Township.

    Standard Conditions of Approval:

    1. An outdoor lighting plan for any proposed lighting or any proposed or previous changes to the existing lighting, 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.
    2. The lighting plan referenced in condition 38 shall be designed to comply with the 2009 IECC or the 2007 ASHRAE Standard 90.1.
    3. 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.
    4. Revisions to the plan shall address the Township Engineer’s January 28, 2013 review letter to the degree that it does not conflict with the conditions of approval. Where reference is made to approval by the Township Arborist, such approval may also be given by other appropriate Township staff or consultant as permitted in the Township Code.
    5. The Final Plan, complying with all 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.
    6. If required by the Fire Department, all 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.
    7. The applicant shall provide documentation to Planning staff indicating how they will, to the extent practical, utilize the services of a deconstruction company to recycle selected materials on the building to be demolished.
    8. 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). 
    9. 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. 
    10. 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. 
    11. The owner shall make payment of the Township Engineer’s and/or Clerk of the Works’ 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. 
    12. The property owner(s) shall comply with all federal, state, county and applicable Lower Merion Township ordinances and laws regardless of specific mention herein.



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