[Ord. 05-2017, 5/17/2017]
It shall be the purpose of the Specially Planned District No.
4 (hereinafter "SP-4 District") to encourage the innovative design
of the SP-4 District and to create unified developments (each a "unified
development") where multiple yet distinct land uses are combined into
a single unified development project, and, in particular circumstances,
to provide additional options for redevelopment of specified properties
previously occupied but not vacant, the redevelopment and revitalization
of the SP-4 area and the unified developments will advance the public
health, safety, and welfare; to encourage a planned arrangement of
individually owned and operated uses within complementary function
categories, including professional and business offices, retail sales
and commercial services, lodging, recreation/leisure time, and public
space for activities benefiting the citizens of the Borough of Conshohocken
and their guests, to plan off-street parking to avoid inadequate parking
and provide the citizens and guests of the Borough of Conshohocken
with additional off-street parking to better access downtown Conshohocken;
to encourage increased utilization of all transportation modes; and
to encourage the planning and utilization of land and the harmonious
design, erection and use of buildings in a diversified commerce-business
community that will contribute to the economic base of the Borough
of Conshohocken and otherwise further the purposes of this chapter.
[Ord. 05-2017, 5/17/2017]
1.
A building may be erected, altered, or used, and a lot may be used
or occupied, for any of the following uses and no other:
A.
Business offices, including but not limited to, security and commodity
brokerage, real estate sales, travel agency, employment counseling,
insurance sales, advertising, mailing and stenographic services, offices
for development and technology companies, professional office for
the practice of, but not limited to, medicine, law, engineering, architecture
or design, real estate, insurance, or financial institutions.
B.
Bank or financial institutions.
C.
Hotel/motel and meeting room facilities when ancillary and subordinate
to the hotel/motel.
D.
Public terminal, train station, or taxi stands.
E.
Parking garages.
F.
Retail establishment for the sale of dry goods, variety merchandise,
clothing, food, baked goods, beverages, flowers, plants, drugs, hardware,
books and furnishings.
G.
Sale and repair of watches, clocks, optical goods, or musical, professional
or scientific instruments.
H.
Personal services shop: barbershops or beauty shops, custom tailoring,
shoe repair, or dry cleaning (provided that no cleaning operations
are performed on the premises).
I.
Liquor store.
J.
Restaurants and taverns with both indoor and outdoor seating, not to include drive-in restaurants. Subject to Subsection 1P below, restaurants or taverns may sell alcoholic beverages for on-site consumption.
K.
Municipal or government office, public utility office.
L.
Studio for dance, fitness, music, art or photography.
M.
Fitness center, health club, or racquet club.
N.
Educational, religious or philanthropic uses.
O.
Community facility or community events (including but not limited
to movie nights, music and concerts, live performances and farmers'
markets).
P.
Unified development (defined below). As part of a unified development,
in addition to any other approval required under the Pennsylvania
Liquor Code,[1] a restaurant or tavern with a liquor license in a unified
development shall require conditional use approval from Borough Council;
provided, however, no such conditional use approval shall be required,
and such restaurant use shall be permitted by right, for a restaurant
with a liquor license that is located in a building used as a hotel,
or in all or any portion of an historic building being renovated for
use as a restaurant or tavern and any addition connected thereto.
[Amended by Ord. No. 08-2022, 4/20/2022]
Q.
By special exception, any use of the same general character as the
permitted uses above.
R.
Accessory uses related to the above permitted uses, including the
following:
(1)
Balconies, which shall be cantilevered platforms that project
from the wall of a building above the ground and are surrounded by
a railing, balustrade, or parapet, which are designed to provide outdoor
living or entertaining areas, and are at least 10 feet from the ground.
(2)
Public or private parking garages and lots, excluding motor
vehicle junkyards, accessory to and on the same lot as a principal
use or on a separate lot so long as the separate lot is part of a
unified development, or restricted for use by the unified development
via a restrictive covenant recorded against the separate lot.
2.
Accessory uses shall be subject to the same dimensional requirements
as the permitted uses unless authorized otherwise in the Zoning Ordinance.
3.
A unified development is generally defined as the development and/or redevelopment of one or more contiguous parcels of land as a mixed use project, containing one or more of the uses referenced in § 27-2202, Subsection 1, above, regardless of ownership, that is designed in compliance with the dimensional standards set forth in § 27-2203 below and is reviewed by the Borough Design Review Committee in accordance with § 27-2211 below.
[Ord. 05-2017, 5/17/2017]
1.
All unified developments occurring within the SP-4 District shall
meet the following regulations:
A.
Area Regulations:
(1)
Minimum Tract Area: 95,000 square feet for the unified development.
(2)
Minimum Lot Area: 2,500 square feet.
(3)
Minimum Lot Width: 25 feet.
(4)
Minimum Setback from (Property Line Adjacent to) Perimeter strEets:
zero feet.
(5)
Minimum Setback from Internal Streets: 10 feet (provided that
this regulation does not apply to private driveways within the unified
development).
(6)
Minimum Building Separation: zero feet.
(7)
Maximum Building Coverage: 95% of the area comprising the unified
development.
(8)
Maximum Impervious Coverage: 95% of the area comprising the
unified development.
(9)
FAR: 5.0 (excluding parking garages which are not subject to
the FAR) for the entire unified development.
(10)
Minimum Public Gathering Space: A minimum of 10% of the developable
area within the unified development shall be provided as public gathering
space for public access (or payment of a fee in lieu thereof as approved
by Borough Council); with at least 35% of the required public gathering
space (i.e., 35% of the required 10%) being contiguous green space.
(a)
"Public gathering space" shall be defined as any open land area
within a unified development (i.e., has no buildings located on it)
that is accessible to the public. Public gathering space can include
green space, playgrounds, public seating areas, public plazas, and
other similar space that provides recreational and gathering areas
for Borough residents and visitors, and helps to enhance the environmental
quality and community appeal of the Borough.
(b)
"Green space" shall be defined as land that is partly or completely
covered in grass, trees, shrubs or other vegetation.
(c)
"Developable area" shall be defined as all land that is included
as part of a unified development and that is available for development.
Excluded is land located within the one-hundred-year floodplain and
land with natural slopes greater than 15%.
(d)
The purpose of any plaza space provided within the public gathering
space shall be to provide year-round opportunities for outdoor recreation
and community activities, and provide visual relief within the built
environment. It should facilitate north-south and east-west circulation
for pedestrians to and throughout the unified development and the
Borough, providing continuous, safe and convenient pedestrian linkages
throughout the unified development. Plaza space must be appropriate
in scale and character of the unified development as an urban center,
and be provided in a manner to meet the needs of the unified development,
consistent with this Part. Plaza space may also contain certain structures,
including pavilions, fountains, planters, statues and other similar
structures.
(e)
The layout, amenities and permitted uses in the public gathering
space shall be approved by Borough Council as part of the SALDO process.
(11)
Minimum Height: two stories.
(12)
Maximum Building Height: A maximum height of 180 feet is permitted,
inclusive of penthouse and mechanical equipment, improvements related
to rooftop patios, parapets, aerials, communication towers, and similar
improvements customarily placed on the roofs of office buildings and
hotels. For buildings with flat roofs, building height is measured
from average grade to the top of the building wall, including parapets.
For buildings with pitched roofs, building height is measured from
grade to the midpoint of the slope. Additive embellishments on the
facade (such as cladding, cladding features, roof overhangs, canopies,
brows, etc.) shall be permitted to overhang the property line by two
feet. No overhangs shall extend over an adjacent property that is
privately owned unless written consent is granted by such property
owner.
(a)
The maximum building height, as measured from the average grade,
may be increased to a maximum height of 190 feet, provided the additional
height is necessary to accommodate mechanical equipment (including
elevators), architectural improvements designed to camouflage the
mechanical equipment, and other features related to the mechanical
equipment, to advance Leadership in Energy and Environmental Design
(LEED) design elements and sustainability objectives, so long as:
[Added by Ord. No. 05-2018, 10/17/2018]
1)
Such features are set back from the primary facade
of the building a distance of no less than 20 feet;
2)
Such features are not visible from the rights-of-way
immediately adjacent to the building; and
3)
Architectural features used to screen the mechanicals
shall be consistent with the design, materials, quality, and finish
of the remainder of the building.
(13)
First Floor Transparency:
(a)
Primary Facades.
1)
A primary facade is any facade facing Fayette Street
or facing any public gathering area.
2)
The minimum transparency of the first floor of any
primary facade shall be 80%, as measured from finished grade to the
floor height of the second story along the entire length of the facade,
to create an external streetscape presence. Where a floor level is
partially below grade, the first full, above-grade level, shall be
permitted to be included within the calculations for transparency.
The primary facade transparency requirement shall be wrapped onto
secondary facades for a distance of no less than 70 feet as measured
from the intersection (corner) of the primary and secondary facades.
This shall include the use of transparent exterior storefront facades
and entries to create a facade that provides visual interest to pedestrians.
When the slope of a street is 2.5% or greater, such that it makes
multiple entries or transparent exterior storefronts impractical,
the minimum transparency may be decreased to 65%, provided that efforts
are made to activate and make an opaque portion of the facade visually
interesting to pedestrians. At no point should the height of any opaque
portion of a primary facade exceed 12 feet in height for a distance
greater than 18 inches, and every effort shall be made to reduce the
height of the opaque portion of the wall with the change in slope
of the street.
(b)
Secondary Facade.
1)
A secondary facade is any facade facing any public
street that is not Fayette Street.
2)
Secondary facades shall incorporate animated facade
areas to create an external streetscape presence. This shall include
the use of transparent exterior storefront glazing, faux or semi-transparent
glazing, entries, landscaping, artwork, seating, canopies and awnings,
or other similar features, where possible, which create a facade that
provides interest to pedestrians and passersby in vehicles.
(c)
Entries and Doorways. Buildings shall have a transparent primary
entry that will be considered as part of the overall transparency
requirement for the building. Buildings fronting Fayette Street and
public gathering areas shall have a primary entry on Fayette Street
or at the corner facing the public gathering area. Commercial storefronts
fronting the public gathering area shall have a primary entry on this
facade. Commercial storefronts fronting streets other than Fayette
Street or the public gathering area shall have a primary entrance
located on the same street.
(14)
Maximum Wall Height: The following regulations shall apply in
unified developments:
[Amended by Ord. No. 05-2018, 10/17/2018]
(a)
Except as provided for in Subsection 1A(14)(b), the visible portion of retaining walls shall not exceed 10 feet in height.
(b)
The visible portion of a retaining wall may be increased to
exceed 10 feet in height, up to a maximum of 13 feet in height, if
the visible portion greater than 10 feet abuts a loading and/or service
area internal to the unified development.
(c)
Any visible portion of retaining walls in excess of five feet
shall be designed with articulation or other features to mitigate
wall height issues.
(15)
Adaptive Reuse: Adaptive reuse of historic or significant structures
is required. The proposed use must be compatible with adjacent uses.
B.
Development Standards:
(1)
Location Requirements:
(a)
Must contain a minimum of 300 feet of frontage on one major
arterial road as calculated for the unified development;
(b)
Shall not be permitted on a tract located within 90 feet of
another tract containing a unified development in the SP-4 District;
however, this provision shall not restrict an applicant from adding
land into an approved unified development.
(2)
Separate ownership of or conveyance of a parcel or parcels within
the approved plan shall be permitted upon compliance with the following
conditions:
(a)
Irrevocable perpetual cross-easements are in effect and recorded,
whether set forth in a cross-easement agreement or in a plan of condominium,
in favor of and duly binding on all title owners (and their respective
successors and assigns) within the area of the approved plan, with
respect to use, control and maintenance of the common areas, including
but not limited to access areas, green areas, and parking areas.
(b)
The application of zoning requirements, including but not limited
to building coverage, impervious coverage, open space, parking, loading,
buffers, setbacks and landscaping shall apply to the overall site
approved as a unified development area. Individual lots within the
plan or created pursuant to this section need not comply with these
zoning requirements.
(3)
Staging.
(a)
All proposed unified developments shall be constructed in accordance
with an overall plan and shall include the planned phasing and schedule
of construction.
(b)
Staging shall include the time for beginning and completion
of each stage. Such timing may be modified by Council on the showing
of good cause by the developer.
(c)
All parcels shall be included in the unified development plan,
with a minimum of conceptual design for later phase developments.
[Ord. 05-2017, 5/17/2017]
The dimensional standards for any uses permitted in the SP-4 District other than a unified development shall be subject to the requirements in § 27-1303.
[Ord. 05-2017, 5/17/2017; as amended by Ord. No. 03-2021, 3/17/2021]
Buildings in the SP-4 District shall have signage which meets the requirements set forth in § 27-2109, Signs Permitted in the Specially Planned Districts, except as set forth below for a unified development:
1.
One wall sign for the principal use of a building is permitted to
be a maximum of 150 square feet in size on a building greater than
100 feet in height.
2.
A second wall sign of up to 150 square feet in size is permitted
for buildings greater than 100 feet in height and located on corner
lots, so long as it is located on a second wall (i.e., one sign per
wall).
3.
Each accessory first floor use is allowed one sign which meets the requirements set forth in § 27-2108, Signs Permitted in the Commercial and Industrial Districts.
4.
Signage adjacent to or across the road from residential uses or residential
zoning districts shall not be lighted.
5.
The term "building" as used in this section shall exclude parking
garages.
6.
For buildings of 180 feet or more in height, where 95% of the building is allocated to a single principal user (e.g., leased to a single tenant) the following sign regulations shall apply, in place of those regulations set forth in Subsections 1 through 3 of this section:
A.
For wall signs located more than 150 feet above average grade level
of the building, one wall sign for the principal use of the building
is permitted to be a maximum of 500 square feet in size, provided
that no individual letter, image, character, graphic or other individual
component of the sign is greater than 75 inches in height or width.
B.
In addition to the wall sign permitted by Subsection 6A, additional signage shall be permitted only for buildings located on corner lots, and shall be limited to one of the following two options:
(1)
One additional wall sign (for a total of two wall signs on the building) of up to 150 square feet in size, provided that no individual letter, image, character, graphic or other individual component of the sign is greater than 75 inches in height or width. The additional wall sign shall be located on a different wall from the sign permitted by Subsection 6A (i.e., one sign per wall); or
(2)
Two additional wall signs (for a total of three wall signs on the building) of an aggregate size not exceeding 150 square feet in size, provided that no individual letter, image, character, graphic or other individual component of the sign is greater than 75 inches in height or width. The additional wall signs shall be located on a different wall from the sign permitted by Subsection 6A and from each other (i.e., one sign per wall).
D.
For purposes of determining whether 95% of the building is "allocated"
to a single principal user, common areas within leased buildings shall
be "allocated" to a single principal user if the user's proportionate
share of the right to and/or responsibility for (including financial
responsibility in the form of common area maintenance or similar charges)
the common areas is 95% of the total right/responsibility for the
common areas as shared across all tenants of a fully leased building,
or as would be shared across all tenants of the building if the building
was fully leased.
E.
For buildings covered by this Subsection 6, if 95% of the building is no longer allocated to a single principal user (e.g., no longer leased to a single tenant), the signage permitted by this Subsection 6 shall be removed. Signage permitted by this Subsection 6 may not be replaced (even if of similar kind and size) with signage for a tenant that, under lease or similar agreement, is allocated less than 95% of the building. Instead, the new tenant(s) shall be subject to Subsections 1 through 5. The owner of a building covered by this Subsection 6 shall immediately inform the Borough if 95% of the building is no longer allocated to a single principal user. For purposes of this Subsection 6E, a portion of the building shall be deemed "no longer allocated to a single principal user" even if the principal user retains an interest/responsibility under a sublease or similar agreement.
[Ord. 05-2017, 5/17/2017]
1.
The parking requirements in the SP-4 District shall be as set forth in § 27-2011, Regulations for the Specially Planned District; however, the required amount of parking for a unified development shall be permitted to be reduced and phased, if approved by Borough Council as a conditional use pursuant to § 27-826 of this chapter, based on the following criteria:
A.
Common Parking Areas and Mixed Uses. Parking required for two or
more buildings or uses may be provided in combined parking facilities
where such facilities will continue to be available for the several
buildings or uses and provided that the total number of spaces is
not less than the sum of the spaces required for each use individually,
except that said number of spaces may be reduced by up to 1/2 such
sum if it can be demonstrated that the hours or days of peak parking
needed for the uses are so different that a lower total will provide
adequately for all uses served by the facility. The following requirements
shall be met:
(1)
Evidence of reduced parking needs shall be documented in and
based on a parking study prepared by an appropriate professional and
satisfactory to the Borough.
(2)
If a lower parking total is approved by Borough Council, then
no change in any use shall thereafter be permitted without further
evidence that the parking will remain adequate in the future, and
if said evidence is not satisfactory, then additional parking shall
be provided before a change in use is authorized.
(3)
Evidence of continued availability of common or shared parking
areas shall be provided satisfactory to the Zoning Officer upon request
and shall be documented and filed with the approved site plan. Notice
of a change in the amount of parking provided within a unified development
shall be provided to the Zoning Officer, and a revised transportation
demand management plan (TDM) shall be submitted.
(4)
Notwithstanding any other parking requirements set forth in § 27-2011 and this § 27-2206 for individual land uses, when any land or building is used for two or more distinguishable purposes (i.e., joint or mixed-use developments), the minimum total number of parking spaces required to serve the combination of all uses shall be determined in the following manner:
Multiply the minimum parking requirement for each individual
use (as set forth in the applicable section of this chapter for each
use) by the appropriate percentage (as set forth below in the Shared
Parking Credit Schedule chart) for each of the five designated time
periods and then add the resulting sums from each vertical column.
The column total having the highest total value is the minimum shared
parking space requirement for that combination of land uses.
[Amended by Ord. No. 08-2022, 4/20/2022]
|
Shared Parking Credit Schedule
| |||||
|---|---|---|---|---|---|
|
Weekday
|
Weekday
|
Weekday
|
Weekend
|
Weekend
| |
|
Night
12:00 midnight to 7:00 a.m.
(%)
|
Day
7:00 a.m. to 5:00 p.m.
(%)
|
Evening
5:00 p.m. to 12:00 midnight
(%)
|
Day
6:00 a.m. to 6:00 p.m.
(%)
|
Evening
6:00 p.m. to 6:00 a.m.
(%)
| |
|
Office (using gross floor area)
|
5
|
100
|
10
|
10
|
5
|
|
Commercial/ retail
|
5
|
80
|
90
|
100
|
70
|
|
Hotel
|
70
|
70
|
100
|
10
|
100
|
|
Restaurant
|
10
|
50
|
100
|
50
|
100
|
|
Restaurant associated w/hotel
|
10
|
50
|
60
|
50
|
60
|
|
Entertain- ment/ recreation (theaters, bowling allies,
cocktail lounges, and similar)
|
10
|
40
|
100
|
80
|
100
|
|
Day-care facilities
|
5
|
100
|
10
|
20
|
5
|
|
All other
|
100
|
100
|
100
|
100
|
100
|
(5)
A transportation demand management (TDM) plan shall be submitted
for the proposed project and approved by the Borough as part of the
conditional use hearing for the requested reduced parking. The TDM
shall be updated every three years. "TDM" refers to a variety of strategies
aimed at reducing the demand on the transportation system, particularly
to reducing single-occupant vehicles during peak periods, and expanding
the choices available to residents, employees, shoppers and visitors.
The result is more efficient use of the existing transportation system.
TDM is a critical component of a reduced parking plan. Traffic needs
to be minimized to decrease congestion within the Borough, to create
livable and walkable spaces, and to minimize the effects of traffic
on neighboring communities. Examples of TDM measures shall include:
(a)
Pre-tax deduction of transit and vanpool fares;
(b)
Telework program;
(c)
Shower and locker facilities for bicyclists and walkers;
(d)
Covered bicycle parking;
(e)
Carpool and vanpool preferential parking;
(f)
On-site car-sharing vehicle;
(g)
Commuter information center (bulletin board, website, brochure
table);
(h)
Employee Transportation Coordinator (ETC);
(i)
Flexible or alternative work hours;
(j)
TDM education programs directed at the public and employees.
B.
As a part of the conditional use approval, a parking reduction of
15% may be permitted for a unified development within 1/4 mile from
a passenger rail station, provided the project includes elements promoting
pedestrian connectivity between the unified development and the subject
rail station. As part of a conditional use hearing, an applicant shall
submit evidence as to incentives being provided to promote the use
of the passenger rail station by the occupants in the project.
C.
As part of the conditional use hearing for reduced parking, Borough
Council can, in its sole discretion, require an applicant to make
a portion of its parking facilities available to the public based
on the location of the property in the Borough, the size of the project
and the proposed uses.
2.
As to a unified development, the following regulations shall apply
and supersede any other provisions to the contrary in the Zoning Ordinance:
A.
For the purposes of calculating parking required for a hotel use,
1.25 spaces per hotel room (to account for employees) shall be required.
B.
No more than 5% of required parking for a unified development shall be permitted as surface parking areas. All surface parking areas must meet the landscape and lighting requirements as set forth in § 22-421, Landscaping and Lighting, of the SALDO.
C.
Treatment to above-grade parking structures or parking below commercial
structures facing all public rights-of-way and open space or green
space shall be treated so as to avoid headlight glare to spill onto
the sidewalk or street, and to be architecturally compatible with
the remainder of the buildings and overall site of the unified development
through building materials and landscaping.
D.
The square footage of the unified development can be consolidated for purposes of complying with the off-street loading requirements contained in § 27-2011. Any existing building(s) included within the unified development and without a loading dock shall be deemed nonconforming as to this requirement.
[Ord. 05-2017, 5/17/2017]
1.
A landscape plan shall be submitted per the requirements of the SALDO.
Use of native plant materials and naturalistic design is encouraged.
The landscape plan shall reflect the requirements of the SALDO as
well as the following detailed criteria:
A.
Additional landscaping shall be provided along the exterior walls
of all parking garages, along walkways, in courtyards, around sitting
areas, at the entrance to the site and in other highly visible locations.
B.
The above design criteria, in addition to that required by the SALDO,
is intended to develop a standard whereby adequate landscaping is
included in the development. The criteria are not intended to strictly
direct the location of this landscaping.
C.
For a unified development in the SP-4 District, the following regulations
shall apply and supersede any other provisions to the contrary in
the SALDO:
(1)
A landscaped verge shall not be required along the perimeter
streets and sidewalks. Street trees shall be located every 30 feet
within tree pits covered with walkable tree grates in the sidewalks.
(2)
A landscaped verge, a minimum of four feet in width between
the back of curb and sidewalk, shall be required along internal public
streets (not private drives).
[Ord. 05-2017, 5/17/2017]
Documentation of on-site improvements proposed to minimize projected
adverse transportation impacts on any adjacent public right-of-way
per the requirements and recommendations shall be documented in a
report prepared by a licensed traffic engineer.
[Ord. 05-2017, 5/17/2017]
Lighting shall be arranged in a manner which will protect adjacent
streets and neighboring properties from direct glare per the requirements
of the Subdivision and Land Development Ordinance and the Zoning Ordinance.
[Ord. 05-2017, 5/17/2017]
All proposed developments within the SP-4 District shall meet the requirements as set forth in § 27-1507.
[Ord. 05-2017, 5/17/2017]
All proposed developments within the SP-4 District shall be
subject to the review of the Borough Design Review Committee.
