Zoning
MONTGOMERY COUNTY BOARD OF COMMISSIONERS VALERIE A. ARKOOSH, MD, MPH, CHAIR KENNETH E. LAWRENCE JR., VICE CHAIR JOSEPH C. GALE, COMMISSIONER
MONTGOMERY COUNTY PLANNING COMMISSION PO Box 311 19404-0311
MONTGOMERY COUNTY COURTHOUSE • NORRISTOWN, PA
610-278-3722 FAX: 610-278-3941 • TDD: 610-631-1211 WVVVV.MONTCOPA.ORG JODY L. HOLTON, AICP EXECUTIVE DIRECTOR
October 26, 2017
Mr. Richard D. Barton, Community Planner/Zoning Officer Upper Dublin Township 801 Loch Alsh Avenue Fort Washington, Pennsylvania 19034
Re: MCPC #14-0060-002 Plan Name: Medical Marijuana Dispensary Situate: Pennsylvania Avenue (north)/Commerce Drive (west) Upper Dublin Township
Dear Mr. Barton: We have reviewed the above-referenced land development plan in accordance with Section 502 of Act 247, "The Pennsylvania Municipalities Planning Code," as you requested on September 25, 2017. We forward this letter as a report of our review. BACKGROUND The applicant is proposing a medical marijuana dispensary located at 475 W. Pennsylvania Avenue, formerly the site of a gas station. The property is approximately 0.65 acres, zoned EC Employment Center and is within the FWVD Forth Washington Village District overlay. The parcel is also within the Floodplain Conservation District and is designated as a "sending parcel" under the Transfer of Development Rights (TDR) overlay district. The applicant is proposing to renovate the gas station building for the dispensary and remove all filling pumps. Because the property is within the Floodplain Conservation District, the applicant is proposing to elevate the building by two feet and is awaiting variance approval from a Zoning Hearing Board application for construction within the floodplain. As Upper Dublin Township does not have an ordinance regulating medical marijuana dispensaries specifically, the applicant has submitted the plans categorizing the use as a retail store, which is a permitted use under the EC Zoning District. The site will contain 12 parking spaces and additional plantings will be added to screen the parking areas and add perimeter buffers. No changes are proposed to the existing entry drives or sidewalk.
Mr. Richard Barton
-2-
October 26, 2017
RECOMMENDATION Because of the unique zoning requirements of this parcel, its location in the floodplain, and designation as a sending parcel in the TDR, we would generally recommend this property be reverted to open space to meet the goals of the Township's ordinances. However, this proposal improves and beautifies an existing non-conforming lot and works toward mitigating flood impacts on the property. As a result, the Montgomery County Planning Commission (MCPC) generally supports the applicant's proposal provided the applicant can satisfactorily prove their development will have a net impact on the floodplain. We also recommend the applicant and the Township clarify which of the applicable zoning districts will be applied on the site to determine zoning and dimensional requirements. Our comments are as follows: REVIEW COMMENTS ZONING REQUIREMENTS, FLOODPLAIN CONSERVATION DISTRICT A. It is our understanding the proposed dispensary will be within the same footprint as the existing building, and that the building will be raised two feet above the flood elevation. Additionally, the total percentage of impervious cover will be reduced over the whole site. We defer to the Township engineer to determine if the site improvements will have any effect on water surface elevations for the 100-year flood and meet the requirements of the Floodplain Conservation District. We also defer to the decision by the Zoning Hearing Board for the requested variance for construction within the floodplain. 1. We recommend the applicant provide an evacuation plan for the store employees, customers, and cars within the parking lot area in the event of a flood event in accordance with Section 255-114 of the Township's Zoning Ordinance. ZONING DESIGNATION A. Should the applicant receive a variance for construction within the floodplain, they and the Township should clarify which of the zoning districts will be applied to the site (EC, FWVD, TDR). The zoning data table should reflect which of the three applicable district standards are being used to determine zoning compliance. It appears the zoning table currently provided takes its requirements primarily from the FWVD Overlay. The Township should make a final determination as to the applicant's compliance with all zoning standards. B. The Township has not adopted standards specifically regulating medical marijuana uses. The Township solicitor should verify the applicant has demonstrated compliance with all regulations and permit requirements as outlined in the State Medical Marijuana Law, Part IX Chapters 1131-1181. SITE AMENITIES A. The applicant is providing a concrete pathway with landscaping, brick landscape columns, bollards, public art, and six 6' benches. SEPTA Bus Route 95 stops at this location and it appears as though the benches are intended to serve as seating for bus riders. We encourage the applicant to consider installing a bus shelter in addition to benches to provide all-weather protection for bus riders. B. It does not appear the concrete pathway with the benches directly connects to the existing sidewalk other than through the striped pavement areas adjacent to the driveway entrances, nor is there a direct connection from the sidewalk into the main building area. We recommend the applicant provide a painted striped crosswalk area fully connecting the building entrance to the pedestrian sidewalk, or a designated
Mr. Richard Barton
-3-
October 26, 2017
sidewalk path along the side of the driveway entrance connecting the internal sidewalk around the building to the sidewalk along Pennsylvania Avenue. CONCLUSION We wish to reiterate that MCPC generally supports the applicant's proposal provided clarification can be provided as to the floodplain impacts of the development and compliance with the zoning district standards. Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality. Should the governing body approve a final plat of this proposal, the applicant must present the plan to our office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files. Sincerely,
Margaret Dobbs, Planner II (610) 292-4917 - [email protected] c: Bay, LLC, Applicant Sit Lutkewitte, Applicant's Representative Paul A. Lenoard, Township Manager Michael J. Cover, Chair, Township Planning Commission Thomas Fountain, PE., Township Engineer David Brooman, Esq., Township Solicitor Attachments: A. Reduced copy of the plan B. Aerial photo
Mr. Richard Barton
- Appendix 1 -
October 26, 2017
A. Land Development Plan — Medical Marijuana Dispensary
LEGEND
tx)xedlatIlmoTarm‘iiad
• 9
1.0.••600.1
4
SITE PLAN NOTES
nown.111••14"4".••••A 11,70,110.4
,
a a
5
KR( OA.). U.C) WWI .10.1 )Acrii/K0 ,1 9, fa VI.),
•WEST PENNSYLVANIA AVENUE
103149)05'W
SITE LAYOUT PLAN
Mr. Richard Barton B.
-Appendix 2 -
Aerial Photo —Tax Parcel ID 54-0013387005
Medical Marijuana Dispensary 140060002
Montgprndry. CoLintS/ .Planning cornmissibn
3,1ordaprnerj,Ccrirrty Cesitioupz-Pbretlig aommtabrt Pox all Norrtlahn PA 1940i-0,311 .W1'0278.5722 . p)610478..39il wwwinotcopao40130corn 'Year2,315 aeitalptnbgwhypnvlied tri rernare i/altsy NeglaialP mnia
October 26, 2017
MONTGOMERY COUNTY PLANNING COMMISSION PO Box 311 19404-0311
MONTGOMERY COUNTY COURTHOUSE • NORRISTOWN, PA
610-278-3722 FAX: 610-278-3941 • TDD: 610-631-1211 WVVVV.MONTCOPA.ORG JODY L. HOLTON, AICP EXECUTIVE DIRECTOR
October 26, 2017
Mr. Richard D. Barton, Community Planner/Zoning Officer Upper Dublin Township 801 Loch Alsh Avenue Fort Washington, Pennsylvania 19034
Re: MCPC #14-0060-002 Plan Name: Medical Marijuana Dispensary Situate: Pennsylvania Avenue (north)/Commerce Drive (west) Upper Dublin Township
Dear Mr. Barton: We have reviewed the above-referenced land development plan in accordance with Section 502 of Act 247, "The Pennsylvania Municipalities Planning Code," as you requested on September 25, 2017. We forward this letter as a report of our review. BACKGROUND The applicant is proposing a medical marijuana dispensary located at 475 W. Pennsylvania Avenue, formerly the site of a gas station. The property is approximately 0.65 acres, zoned EC Employment Center and is within the FWVD Forth Washington Village District overlay. The parcel is also within the Floodplain Conservation District and is designated as a "sending parcel" under the Transfer of Development Rights (TDR) overlay district. The applicant is proposing to renovate the gas station building for the dispensary and remove all filling pumps. Because the property is within the Floodplain Conservation District, the applicant is proposing to elevate the building by two feet and is awaiting variance approval from a Zoning Hearing Board application for construction within the floodplain. As Upper Dublin Township does not have an ordinance regulating medical marijuana dispensaries specifically, the applicant has submitted the plans categorizing the use as a retail store, which is a permitted use under the EC Zoning District. The site will contain 12 parking spaces and additional plantings will be added to screen the parking areas and add perimeter buffers. No changes are proposed to the existing entry drives or sidewalk.
Mr. Richard Barton
-2-
October 26, 2017
RECOMMENDATION Because of the unique zoning requirements of this parcel, its location in the floodplain, and designation as a sending parcel in the TDR, we would generally recommend this property be reverted to open space to meet the goals of the Township's ordinances. However, this proposal improves and beautifies an existing non-conforming lot and works toward mitigating flood impacts on the property. As a result, the Montgomery County Planning Commission (MCPC) generally supports the applicant's proposal provided the applicant can satisfactorily prove their development will have a net impact on the floodplain. We also recommend the applicant and the Township clarify which of the applicable zoning districts will be applied on the site to determine zoning and dimensional requirements. Our comments are as follows: REVIEW COMMENTS ZONING REQUIREMENTS, FLOODPLAIN CONSERVATION DISTRICT A. It is our understanding the proposed dispensary will be within the same footprint as the existing building, and that the building will be raised two feet above the flood elevation. Additionally, the total percentage of impervious cover will be reduced over the whole site. We defer to the Township engineer to determine if the site improvements will have any effect on water surface elevations for the 100-year flood and meet the requirements of the Floodplain Conservation District. We also defer to the decision by the Zoning Hearing Board for the requested variance for construction within the floodplain. 1. We recommend the applicant provide an evacuation plan for the store employees, customers, and cars within the parking lot area in the event of a flood event in accordance with Section 255-114 of the Township's Zoning Ordinance. ZONING DESIGNATION A. Should the applicant receive a variance for construction within the floodplain, they and the Township should clarify which of the zoning districts will be applied to the site (EC, FWVD, TDR). The zoning data table should reflect which of the three applicable district standards are being used to determine zoning compliance. It appears the zoning table currently provided takes its requirements primarily from the FWVD Overlay. The Township should make a final determination as to the applicant's compliance with all zoning standards. B. The Township has not adopted standards specifically regulating medical marijuana uses. The Township solicitor should verify the applicant has demonstrated compliance with all regulations and permit requirements as outlined in the State Medical Marijuana Law, Part IX Chapters 1131-1181. SITE AMENITIES A. The applicant is providing a concrete pathway with landscaping, brick landscape columns, bollards, public art, and six 6' benches. SEPTA Bus Route 95 stops at this location and it appears as though the benches are intended to serve as seating for bus riders. We encourage the applicant to consider installing a bus shelter in addition to benches to provide all-weather protection for bus riders. B. It does not appear the concrete pathway with the benches directly connects to the existing sidewalk other than through the striped pavement areas adjacent to the driveway entrances, nor is there a direct connection from the sidewalk into the main building area. We recommend the applicant provide a painted striped crosswalk area fully connecting the building entrance to the pedestrian sidewalk, or a designated
Mr. Richard Barton
-3-
October 26, 2017
sidewalk path along the side of the driveway entrance connecting the internal sidewalk around the building to the sidewalk along Pennsylvania Avenue. CONCLUSION We wish to reiterate that MCPC generally supports the applicant's proposal provided clarification can be provided as to the floodplain impacts of the development and compliance with the zoning district standards. Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality. Should the governing body approve a final plat of this proposal, the applicant must present the plan to our office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files. Sincerely,
Margaret Dobbs, Planner II (610) 292-4917 - [email protected] c: Bay, LLC, Applicant Sit Lutkewitte, Applicant's Representative Paul A. Lenoard, Township Manager Michael J. Cover, Chair, Township Planning Commission Thomas Fountain, PE., Township Engineer David Brooman, Esq., Township Solicitor Attachments: A. Reduced copy of the plan B. Aerial photo
Mr. Richard Barton
- Appendix 1 -
October 26, 2017
A. Land Development Plan — Medical Marijuana Dispensary
LEGEND
tx)xedlatIlmoTarm‘iiad
• 9
1.0.••600.1
4
SITE PLAN NOTES
nown.111••14"4".••••A 11,70,110.4
,
a a
5
KR( OA.). U.C) WWI .10.1 )Acrii/K0 ,1 9, fa VI.),
•WEST PENNSYLVANIA AVENUE
103149)05'W
SITE LAYOUT PLAN
Mr. Richard Barton B.
-Appendix 2 -
Aerial Photo —Tax Parcel ID 54-0013387005
Medical Marijuana Dispensary 140060002
Montgprndry. CoLintS/ .Planning cornmissibn
3,1ordaprnerj,Ccrirrty Cesitioupz-Pbretlig aommtabrt Pox all Norrtlahn PA 1940i-0,311 .W1'0278.5722 . p)610478..39il wwwinotcopao40130corn 'Year2,315 aeitalptnbgwhypnvlied tri rernare i/altsy NeglaialP mnia
October 26, 2017
