Township of Upper Merion, PA Article XXVIA KPMU King of Prussia Mixed-Use District

[Added 9-18-2014 by Ord. No. 2014-826]

§ 165-160.1 Intent; definitions.

A. It is the specific intent of this article to:

(1) Encourage high institutional quality Class A mixed-use developments and multistory buildings that offer site amenities to world-class tenants.

(2) Retain and attract commercial businesses, light industry, multifamily residences and other compatible uses that will help to create a vital mixed-use district.

(3) Promote street-level activity with attractive first-floor retail, dining and personal service and other compatible uses along main roads to support the needs of local employees and residents.

(4) Integrate pedestrianways with aesthetically pleasing public spaces and landscaping along roadway corridors.

(5) Allow height increases with the incorporation of LEED standards.

(6) Encourage a high level of architectural detail, aesthetically pleasing signage and functional site design through the utilization of design guidelines.

(7) Encourage cross-access easements, shared driveways and the creation of service roads between parcels to minimize the number of driveways onto existing roadways in order to enhance safety and provide more efficient and economical access and parking.

(8) Encourage shared parking between compatible uses on the same lot or on adjacent lots.

(9) Encourage the development of existing roadways as complete streets that safely accommodate bus, automobile, bicycle and pedestrian transportation modes.

(10) Incorporate high-quality sustainable building materials and energy and resource conservation into new development.

B. Definitions. As used in this article, the following terms shall have the meanings indicated:

COMMON USE AREA

For this district only, the usable area which is set aside for public use and enjoyment as part of a planned commercial center or mixed-use office and commercial, industrial or multifamily residential developments, where required by this chapter. Unless required by conditional use, the common use area may include plazas, bus stops, landscaping, lighting, green areas, recreation areas, outdoor seating for food and drink establishments and pedestrian-oriented accessory uses and other appropriate street furniture, including sales display for flowers, and food or drink stands, provided that the required minimum unobstructed bicycle/pedestrian pathway width is maintained. Buffer yards and parking islands are excluded from common use areas.

SOLAR REFLECTANCE INDEX (SRI)

A measure of a surface's ability to reflect solar heat, as shown by a small temperature rise. Standard black (reflectance 0.05, emittance 0.90) is 0 and standard white (reflectance 0.80, emittance 0.90) is 100.

§ 165-160.2 Use regulations.

[Amended 12-8-2022 by Ord. No. 2022-885; 9-14-2023 by Ord. No. 2023-891; 7-18-2024 by Ord. No. 2024-897]

In KPMU King of Prussia Mixed-Use Districts, the following uses shall be permitted and no others; however, a use not specifically listed that is shown to be similar to permitted use may be permitted as a special exception. The King of Prussia Mixed-Use District (KPMU) shall be considered a mixed-use district. More than one use per lot is permitted in the KPMU District in accordance with the requirements in this article.

Key

P = Permitted use

S = Special exception

C = Conditional use

NP = Not permitted

Table KPMU 1 Permitted Uses
Mining
Mining, quarrying and processing of stone and similar building materials	NP
Utilities
Substations	NP
Sewage treatment facilities	NP
Water treatment and distribution	NP
Construction and Trades
Residential building and remodeling	NP
Commercial construction	NP
Specialty trades (glazing, roofing, siding, electrical, plumbing, heating, air conditioning, carpentry and finishing)	NP
Manufacturing, Processing and Assembly
Food, beverage and tobacco	p2
Clothing and apparel	P2
Leather products	P2
Wood and paper products	P2
Printing	P2
Chemical (organic and inorganic)	P2
Asphalt paving	NP
Pharmaceuticals	P2
Plastic and rubber	P2
Fabricated metal	P2
Machinery	P2
Computer and electronic products	P2
Electronic equipment, appliances and components	P2
Medical and scientific	P2
Manufacturing or processing of raw materials producing excessive, inordinate or bothersome odor, dust, fumes, smoke, gas, vibration, illumination or noise or constituting a public hazard by means of fire, explosion or exposure to hazardous materials	NP
Warehousing
Truck terminal	NP
Household and office goods moving	P
General warehousing, storage, distribution and/or wholesaling of durable and nondurable goods	P2,3
Mini storage	NP
Post office	P7
Retail Trade
New car dealers	NP
Used car dealers	NP
Recreational vehicles, motorcycles and boats	NP
Automotive parts and accessories	NP
Home center	NP
Building supplies and materials	NP
Nursery and garden center	P7
Convenience stores	NP
Convenience stores without accessory gasoline	P7
Beer, wine and liquor stores	P7
Pharmacies and drugstores	P7
Gasoline sales and automotive service	NP
Auction operators	NP
Heating oil and fuel distribution	NP
Fine art gallery and sales	P7
Pets and pet supplies	P7
Resale stores	P7
Gift and novelty stores	P7
Office supply stores	P7
Florist	P7
Department store	P7
Sporting goods, hobby, book and music stores	P7
Clothing and accessories store	P7
Specialty food stores	P7
Supermarkets and grocery stores	P7
Paint and wallpaper store	P7
Hardware store	P6,7
Consumer electronics, computers, photography equipment	P7
Household appliances and fixtures	P7
Furniture/home furnishing	P7
Carpeting, flooring and countertop store	P7
Transportation
Public transportation station	P
Structured parking	C4
Helistop	S
Passenger car rental and leasing	P
Information
Publishers	P
Motion picture and video production and distribution	P
Sound recording studios	P
Radio and television broadcasting	P
Internet publishing and broadcasting	P
Wireless communications	P
Cable communication and distribution	P
Internet service providers	P
Communication towers	NP
Finance and Insurance
Banks, savings institutions and credit unions	P1
Consumer lending and financing	P7
Securities, commodities and other financial investment activity	P7
Insurance activity	P7
Real estate agents and brokers	P7
Property management	P7
Professional; Scientific and Professional Services
Professional offices	P
Offices for the management of companies and enterprises	P
Research and development in the physical, engineering, life sciences, social sciences and humanities	P
Administrative and support offices	P
Educational Services
Colleges, universities and professional schools	P
Business schools	P
Technical and trade schools	P
Health Care and Social Services
Medical/dental office	P
Medical and dental laboratory	P
Home health care services	P
Veterinary office or clinic	P
Kennel	NP
Nursing care and rehabilitation	P
Continuing care retirement community	NP
Child day-care center	P
Adult day-care center	P
Services for the elderly and disabled	NP
Hospital	P
Arts, Entertainment and Recreation
Performing arts facilities	P
Indoor sports and recreation facilities	P
Museums	P
Casinos	P
Fitness and recreation centers	P
Venue for corporate meetings, conventions and/or events	P
Spectator sport facilities	P
Accommodation and Food Services
Hotels and motels	P
Extended-stay hotels	P
Restaurants, full-service	P7
Restaurants, carry-out	P7
Restaurants, drive-through	NP
Banquet facilities	P7
Catering for off-site consumption	P7
Snack and beverage bars (nonalcoholic)	P7
Drinking places (alcoholic)	P7
Services, Repair and Maintenance
General automotive repair	NP
Auto body, paint and interior repair	NP
Automotive glass replacement	NP
Oil change and lubrication	NP
Car wash	NP
Appliance repair	P3,7
Consumer electronic repair	P3,7
Furniture and upholstery	P3,7
Watch, clock and jewelry	P7
Personal Services
Barbershop	P7
Beauty and nail salons	P7
Diet and weight-reducing centers	P7
Funeral homes and crematories	NP
Laundries and drycleaners, drop-off	P7
Laundries and drycleaners, full-service	P7
Linen supplies	P7
Shoe repair	P7
Music and art instruction studios	P7
Photographic studios	P7
Religious, Grant Making, Civic and Professional Organizations
Places of worship and assembly	P
Offices	P
Public Administration
Government offices and services	P
Courts	P
Police, fire and EMS	P
Residential Uses
Accessory housing (watchman)	NP
Multifamily dwelling	C5
Accessory Uses
Accessory uses	P

NOTES:
1	If a drive-through window is located within 300 feet from the ultimate right-of-way of First Avenue, Moore Avenue, Allendale Road or Valley Forge Road and located in the KPMU District, then all drive-through windows shall be located on a side and/or rear building wall that does not face any of these roads.
2	Maximum front yard setback provisions established herein shall not apply to these uses. New buildings or additions to the building facade shall provide architectural parapets or other opaque screens to screen from view of public roadways all industrial appurtenances such as pipes, stacks, telecommunications, exhaust, satellite dishes, tanks, air handling or HVAC units, and the like.
3	Use must be totally contained within building. Outdoor storage is prohibited.
4	Structured parking with street frontage. If structured parking is within 300 feet of the street, it shall be constructed in accordance with the conditions below. These requirements do not apply to street frontage facing and within 300 feet of the Pennsylvania Turnpike.
	a.	Architectural elevations shall be provided to demonstrate that front facades of parking structures sufficiently screen vehicles in the parking garage from view of the street and shall demonstrate that parking structures are architecturally compatible with the character of surrounding buildings and meet the architectural design guidelines of this article.
	b.	The front facade of the parking structure must be wrapped with a minimum of 75% of the facade covered by a building with a primary permitted use complying with the Architectural Design Standards. Such primary uses may be either directly attached to the garage structure or separated by an interior court or service lane.
	c.	If the parking structure is not wrapped at all levels with active uses, then the following shall apply:
		(1)	Vertical facade articulation of the parking structure, including changes in building plane and materials, shall be used. The depth of such articulation shall be a minimum of two feet zero inches and occur at a maximum fifty-foot interval.
		(2)	Horizontal architectural features of the parking structure facade, including changes in building materials, shall be used. The change in building material shall occur at a maximum twenty-foot interval.
		(3)	The facade of the parking structure facing the street (or streets in the case of a corner lot) shall be pedestrian oriented and scaled. Pedestrian-oriented active uses, such as retail or commercial, shall occupy 80% of the ground floor facade. Such active uses may be either directly attached to the garage structure or separated by an interior court or service lane.
		(4)	The facade treatment of walls facing residential uses or residential zoning districts shall be similar to the primary front facade with active uses.
		(5)	The visual impact of sloping floors from any public accessway shall be minimized through design treatment of the parking structure's facade.
5	All buildings containing residential dwelling units shall meet the following requirements:
	a.	The maximum residential density shall be 30 dwelling units per net developable acre.
	b.	The building(s) containing dwelling units shall not exceed 30% of the net developable area of the parcel.
	c.	One- and two-bedroom units must comprise at least 80% of the total residential units.
	d.	Fifty percent of all units must provide outdoor balconies.
	e.	Long-term indoor bicycle parking/storage in the building or in the parking structure shall be provided one storage space for at least 15% of the total dwelling units.
	f.	Short-term outdoor bicycle parking shall be provided for at least 10% of the total dwelling units.
	g.	Laundry facilities shall be provided in each dwelling unit.
	h.	Buildings with fewer than 30 dwelling units shall incorporate at least one or more of the below common amenities, and buildings with 30 or more dwelling units shall incorporate at least two or more of the below common amenities: landscaped common open space (at ground floor level or on rooftop), fitness center, swimming pool, business center, lounge, and/or community room.
6	These uses shall not exceed 30,000 square feet.
7	These uses shall be developed as an integral part of a larger structure containing other permitted uses. These uses, either individually or in combination, shall occupy no more than 25% of the gross floor area of the structure.

§ 165-160.3 Dimensional requirements.

TABLE KMPU.2: DIMENSIONAL REQUIREMENTS
Minimum lot area10		2 acres	4 acres	6 acres
Minimum lot width		100 feet	200 feet	300 feet
Building setbacks
	Front (minimum)	50 feet9	50 feet9	50 feet9
	Front (First Avenue or Moore Avenue) (maximum)	75 feet3,4	75 feet3,4	75 feet3,4
	Side (minimum)	15 feet	15 feet	15 feet
	Side abutting street (minimum)	50 feet9	50 feet9	50 feet9
	Side abutting (First Avenue or Moore Avenue) (maximum)	75 feet3,4	75 feet3,4	75 feet3,4
	Rear	20 feet	20 feet	20 feet
	Rear abutting street	25 feet	25 feet	25 feet
	Accessory use (side or rear)	15 feet	15 feet	15 feet
	Abutting residential or open space districts	150 feet1	150 feet1	150 feet1
Distance between buildings (minimum)		25 feet	25 feet	25 feet
Off-street parking setbacks (minimum)
	From front lot line, side lot line abutting street and rear lot line abutting street	25 feet1	25 feet1	25 feet1
	From side or rear lot line	10 feet1	10 feet1	10 feet1
	From building	10 feet1	10 feet1	10 feet1
	Abutting residential or open space districts	50 feet	50 feet	50 feet
Maximum building coverage		65%	60%	55%
Minimum green area		35%11	40%11	45%11
Maximum building height		50 feet2	65 feet5,6,8	80 feet5,7,8
Screening
	Side	10 feet	10 feet	10 feet
	Rear	10 feet	10 feet	10 feet
	Abutting residential or open space districts	50 feet	50 feet	50 feet

NOTES:
1	Unless authorized as a special exception, no building or structure shall be located closer than 150 feet to any residential or park and open space district. In no case shall any building or structure or any parking be closer than 50 feet to any residential or park and open space district. The fifty-foot open space shall remain green and planted with a buffer as determined in § 145-24.1, Landscaping requirements.
2	The height of any building or structure may be increased to a maximum height of 65 feet by conditional use in accordance with the following condition:
	a.	Minimum side and rear yard building setbacks established in this section shall be increased two feet for each foot of building height exceeding 50 feet. This requirement shall not apply to side yard building setbacks abutting street, rear yard building setbacks abutting street and any yards abutting limited-access highways.
3	This requirement shall not apply if one or more building(s) frontage comprise at least 50% of the lot's collector roadway frontage on First Avenue or Moore Avenue and is located between the minimum and maximum front yard setbacks and side yard setbacks abutting street or as otherwise stated for the permitted uses stated in Table KPMU.2. This requirement shall not apply to portions of a property where there is a change in elevation of more than six feet between the road right-of-way of First Avenue or Moore Avenue and the maximum front yard setback.
4	Maximum front yard and side yard abutting street may encroach by an additional 20 feet along a maximum 50% of the building frontage if the additional area is used for outdoor dining or a common use area is provided between the front facade building entrance and the street. The setback extension only applies to building facades directly abutting the outdoor dining or common use area.
5	A one-story penthouse shall not be included in measuring the height of a building if it is set back a minimum of 20 feet from the exterior building walls and occupies less than 50% of the floor area of the story below.
6	Professional, scientific and professional services, hotels, educational services, finance and insurance, health care services, multifamily and residential condominium uses in buildings exceeding 65 feet but no more than 80 feet in height are permitted by conditional use in accordance with the following conditions:
	a.	One or more of these uses must comprise at least 80% of the gross floor area.
	b.	The minimum lot size is four acres.
	c.	Minimum side and rear yard building setbacks established in this section shall be increased two feet for each foot of building height exceeding 65 feet. This requirement shall not apply to side yard building setbacks abutting street, rear yard building setbacks abutting street and any yards abutting limited-access highways.
	d.	Implementation and compliance with LEED Silver standards for the appropriate development type.
7	Professional, scientific and professional services, hotels, educational services, finance and insurance, health care services, multifamily and residential condominium uses in buildings exceeding 80 feet but no more than 120 feet in height are permitted by conditional use in accordance with the following conditions:
	a.	One or more of these uses must comprise at least 80% of the gross floor area.
	b.	The minimum lot size is six acres.
	c.	Minimum side and rear yard building setbacks established in this section shall be increased two feet for each foot of building height exceeding 65 feet. This requirement shall not apply to side yard building setbacks abutting street, rear yard building setbacks abutting street and any yards abutting limited-access highways.
	d.	A shadow analysis shall be provided for any proposed buildings over 80 feet tall to measure the impact of shadows cast on adjacent parcels. Based on the results of the analysis, the applicant shall consider alternate locations for the proposed building(s) if required by the Township.
	e.	Implementation and compliance with LEED Gold standards for the appropriate development type.
	f.	Buildings over 80 feet in height and located between the minimum and maximum front yard setback of a primary arterial, arterial or primary collector roads shall be subject to an additional 20 feet of front yard setback for the portion of building frontage over 65 feet high. The additional twenty-foot front yard setback for the portion of the building over 65 feet high shall not be required to be located within the maximum front yard setback.
	g.	Two hundred square feet of common use area shall be provided for each foot of building height over 80 feet in accordance with the following:
		(1)	The common use area shall not overlap the required buffer area except to connect to open space on contiguous parcels.
		(2)	The common use area shall be accessible from the building and consist of a contiguous area of at least 2,500 square feet. The perimeter of the common use area shall not have a dimension less than 50 feet on any one side.
		(3)	The common use area shall connect to adjacent open space parcels.
8	The utilization of sustainable building practices is encouraged in the KPMU District. Utilization of sustainable building practices is optional and will be used as incentives to allow for increased maximum building height as outlined in Table KPMU.3 and in accordance with the following:

TABLE KPMU.3: SUSTAINABLE BUILDING INCENTIVES
			Maximum Allowed Without Implementation of Sustainable Practices	Maximum Allowed With LEED Silver	Maximum Allowed With LEED Gold
Maximum building height (feet) allowed by conditional use			65	80	120

	a.	It shall be the responsibility of the applicant to submit all necessary information to the Township to verify compliance with the most recent standards for either LEED Silver compliance or LEED Gold (as applicable) for the appropriate LEED development type. Compliance will be determined solely by the Township. The applicant shall not be required to obtain certification from the U.S. Green Building Council.
	b.	Failure to continue and maintain sustainable building incentives in perpetuity shall result in a zoning violation.
9	Along First Avenue and Moore Road, the minimum front yard setbacks and side yard abutting street setbacks may be reduced to 25 feet by a conditional use in accordance with the following conditions:
	a.	The applicant shall file with the Township a twenty-five-foot wide easement adjacent to the property roadway frontage for the benefit of the public. The easement area shall include public improvements such as pedestrian/bicycle ways, plazas, bus stops, landscaping, lighting, green areas, seating areas, other bicycle- or pedestrian-related amenities. The easement may exclude the property's driveway access.
10	In the Mixed-Use District the minimum lot size is two acres.
11	The minimum green area shall be 25% for manufacturing, processing and assembly uses and uses involving general warehousing, storage, distribution and/or wholesaling of durable and nondurable goods.

§ 165-160.4 Building projections.

No part of any building shall encroach into any setback, except as described below:

A. Overhanging eaves and bay windows may project up to two feet into any required setback.

B. Awnings and balconies may extend up to eight feet into any required setback.

§ 165-160.5 Requirements for common use areas.

Along First Avenue and Moore Road, a minimum twenty-five-foot-wide common use area shall be reserved along the entire parcel frontage of above-mentioned roadways.

§ 165-160.6 Requirements for pedestrianways.

A. Pedestrian/bicycle ways shall be located within the common use area and create a completely linked network of walkways connecting transit stops, commercial centers, institutional facilities and residential buildings, including common open space areas, and parking.

B. Along First Avenue and Moore Road, a pedestrian/bicycle way shall begin at the curbline and consist of a landscaped verge suitable for street trees measuring a minimum of six feet in width and a public, multipurpose path measuring a minimum unobstructed width of eight feet, designed in such a manner to minimize damage or to avoid the removal of existing trees. These dimensions may be modified as approved by the Township Engineer to minimize damage or to preserve the existing mature trees in these areas.

C. On all other streets, a pedestrianway shall begin at the curbline and consist of a landscaped verge strip measuring a minimum of three feet in width and a public walkway with a minimum unobstructed width of six feet.

D. Street trees shall be provided in the landscape verge in accordance with the following:

(1) Street trees shall be placed an average of 40 feet on center in uniform or in naturalized groupings.

(2) If a hardscaped verge is required, street tees shall be placed in tree pits with tree grates in uniform arrangements at 40 feet on center.

E. The pedestrian/bicycle way may be linear or meandering, provided that it is located within the common use area and other minimum requirements established herein are met.

F. The Board of Supervisors may, by conditional use, approve the variations to the sidewalk and landscaped verge set forth above, if the applicant demonstrates to the satisfaction of the Board that such variations are in furtherance of the legislative intent of this article.

§ 165-160.7 Design standards.

Any new or expanded building located on lots within the KPMU District shall comply with design standards as outlined in Chapter 145 (SALDO).

§ 165-160.8 Emergency access.

A. KPMU developments with more than 15 residential units shall provide a secondary vehicle accessway able to accommodate emergency vehicles.

B. Any commercial or residential building over 35 feet in height and located in the KPMU District shall be required to provide a secondary vehicle accessway able to accommodate emergency vehicles.

C. Any KPMU development where a building is located greater than 600 feet from the primary vehicle access point shall be required to provide a secondary vehicle accessway able to accommodate emergency vehicles.

§ 165-160.9 Shared parking.

At the discretion of the Board of Supervisors, an applicant may provide shared parking among one or more uses or properties under the following conditions:

A. The applicant(s) shall submit a parking study using standards set forth by either the Institute of Traffic Engineers or the Urban Land Institute.

B. The parking study shall include the following:

(1) The required parking for the individual uses as set forth in the Upper Merion Code.

(2) The parking demand of the uses over the course of the day, including weekend and holidays.

(3) The proximity of the parking field to the entrances of the various uses.

(4) A circulation plan for the safe and efficient distribution of vehicles through the site, including delivery and special service vehicles.

(5) A pedestrian plan showing a safe network of pathways and crosswalks for visitors to the site.

(6) A determination of the minimum number of parking spaces that would be generally required for the safe and efficient operation of the facilities.

(7) The applicant(s) shall enter into a shared parking agreement containing the following:

(a) Documentary evidence to identify cross access and parking easements for the site.

(b) A safety and security plan to address provisions for maintenance, lighting, and snow removal of the shared parking lot(s).

(c) Provisions for the ongoing maintenance of the parking field and drive aisles.

(d) Provisions for monitoring and relief if not adequate: valet, parking lot attendants, review of leases, additional off-site parking, on-site expansion, parking deck.

(e) Provisions for a time frame for the property owner to comply.