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Update on Our Legal Action in 

West Vincent Township

Summary

We are doing great and have presented a VERY COMPELLING CASE that the Township failed to follow state law when they rushed the ordinance allowing apartments through the legal adoption process...

Details

To date, we have:

• Obtained agreement from the Zoning Board to divide the hearing into two sections:

  • Procedural/Technical (i.e., the Township did not follow the proper legal procedures in filing the Ordinance)

  • Substantive (i.e., the Ordinance is improper and therefore illegal)

• Completed our case on the Procedural/Technical issues before the Zoning Hearing Board this past Wednesday (9 October 2002) with an overwhelming amount of evidence and testimony proving the Township made major substantive changes to the ordinance between the time it was advertised and when it was finally passed on 26 December 2001. In fact, the Township failed to present any rebuttal testimony from any Township official to dispute our findings. 

We are ready to proceed with the Substantive portion of our case (if needed).

As a result of the 9 October 2002 Zoning Board Hearing, the Board will render a decision on November 14th at 7:00 pm at the Township Building in Birchrunville. This decision will be based on written briefs from all attorneys. If, for some reason, the Board is unable to render a decision on the 14th, additional tentative meetings are scheduled at the Township Building on December 10th and 12th (Please keep checking this website for updates). 

MARK YOUR CALENDAR NOW!

NEXT ZONING HEARING BOARD MEETING SET FOR NOVEMBER 14, 2002...

WHAT YOU CAN DO UNTIL THE NEXT MEETING:

	TALK to your neighbors! ASK them if they have access to the web -- if not, print them out a copy of the website...
	PUT a sign in your yard!
	MAKE a contribution for our legal expenses!
	HELP us prosecute those who believe they can win by stealing our  "WHY?" signs -- <<click here>> to email  us descriptions, license plate numbers, etc. of ANYONE you see taking "WHY?" signs...

WHY do the Supervisors seem so unconcerned with the likely damage to an exceptional value stream (and the work done by residents in the past to have the stream designated as such)?

WHY were some of the Supervisors so angry when their plans were revealed to their constituents last October in Jason Phillips’ election materials?

WHY did the Supervisors, at all of their meetings, downplay the “apartment” ordinance prior to its passage on December 26?

WHY did the West Vincent Township Supervisors ask the developer, David Della Porta, to help develop an ordinance to allow apartments?

WHY did the West Vincent Township Supervisors pass the ordinance allowing apartments on December 26 — a meeting likely to be attended by few, if any, interested residents?

WHY do the minutes for December 26 just happen to be missing from the Township’s website?

WHY didn’t Clare Quinn, a member of the Planning Commission who worked on this ordinance and now one of our Supervisors, reveal the contents and existence of the “apartment” ordinance to residents in her election materials?

WHY are the West Vincent Township Supervisors advocating a development that is so inconsistent with all of the other development in our region?

Overview

Regrettably, the West Vincent Township Supervisors are willing to throw out their own well-conceived and documented Comprehensive Plan for township growth in an apparent attempt to accommodate developer David Della Porta’s development plan for the Griffith property.  Mr. Della Porta has proposed a 216-unit apartment complex plan consisting of eight, four story, 45 foot high buildings, on previously designated single family zoned property and all crunched onto only 19.2 acres.

Everyone associated with Residents for Smart Development (RSD), is fully aware that growth is inevitable. The development of the Griffith property has always been expected. It was always anticipated that single family, carriage, or town homes would be built on this property in conformance with the density allowed under Tiers I through IV of the R2 Zone, which limited density to 1.5 acres per dwelling unit consistent with adjoining properties.

What the Supervisors seem to have forgotten in their attempt to accommodate Mr. Della Porta's plan is that responsible growth is the governmental art of balancing density, adhering to a well conceived comprehensive plan, attention to environmental impacts, and the need to appropriately provide for all types of housing within a given geography consistent with an overall plan. However, the West Vincent Township Supervisors are now willing to violate all four objectives to allow Mr. Della Porta's super high-density plan.

Mr. Della Porta’s 216 unit apartment complex is to be located behind the Ludwig's Corner Fire Station on the former "Griffith Tract" which includes property on both the east and west sides of Rt. 100.  Initially, Mr. Della Porta proposed 89 single family homes on the east side of Rt. 100 (including the current farmhouse) with 70% to 75% of the usable land designated as open space. However, the Planning Commission, and Township Supervisors, wanted a plan that would crunch all development on the west side of Rt. 100 and pushed for the apartment plan.  

The Supervisors claim that they support the apartment plan in order to increase “open space” in the Township. But this claim simply doesn’t make sense as only 13% more open space is secured by allowing apartments. The “price” paid for this minor addition of open space? A density increase of 145%.  In other words, in return for a mere 12 additional acres of open space, the allowed density nearly triples to 216 units!!! 

To accomplish this dramatic departure from the Township's comprehensive plan, the Supervisors had to quickly pass legislation (Ordinance #111 passed on December 26^th of last year) creating a new Tier V designation to the R2 Zone, which more than tripled the density on just one township property -- the Griffith tract. This created an island within the former R2 Zone that was now far denser than anything that existed prior. This is known as spot zoning and is considered highly suspect by the State of Pennsylvania.

Had the Township Supervisors approached this initiative responsibly, they would have created a new high-density apartment zone, BUT that would have required them to notify nearby residents of their intentions and also required them to post the property. Instead they chose to create a new Tier V designation to the R2 zone, thereby eliminating the need to notify anyone except through a one time "public announcement" in the Daily Local. When was the last time you read those public announcements?  To make matters worse, they passed the ordinance on December 26^th of last year to guarantee that there would be no public comment. When was the last time you went to a township meeting on December 26^th?

Only the Township Supervisors and perhaps the members of the Planning Commission know the real reasons for this unprecedented spot zoning initiative. We have repeatedly asked the West Vincent Township government one simple question:  "WHY?"   

At first, the Supervisors tried to characterize the opposition to their plan as being a mere "backyard" issue.  But, when opposition to their plan grew throughout West Vincent Township, East Nantmeal Township, East Vincent Township, West Pikeland Township, and even as far away as West Chester and Coatesville, they decided to develop "new" reasons such as "BECAUSE" and "TO SAVE A FARM". (By the way, the Griffith Farm home and barn on three acres will remain intact no matter what type of development is finally constructed, so it is really a non-issue, but of course it sounds nice.)

We are deeply troubled by the damage this project will cause to the region's quality of life. We are therefore asking for your help to ensure that this project is not approved in its current form.

If constructed, this apartment complex will likely cause:

• Significant increases in traffic volume when compared to the traffic produced by 88 single-family homes. The apartment complex will generate at least 76% more traffic -- this will add to the congestion on Rt. 100 and 401 as well a number of secondary roads
• Pollution of the "exceptional value stream" that runs next to the apartment complex
• The creation of a marginally operational sewage system like Mathews Meadow which will most likely become another breeding grown for West Nile Virus mosquitoes
• Light and visual pollution
• Reduction of area property values
• Overcrowding and an increased burden on public services
• Increased local taxes to fund the $1,000,000.00 of fire equipment needed to fight top floor fires at the apartment complex
• Additional increases in local taxes to pay for road work to accommodate the increased traffic load

These are just a few of the many ways in which this project could impair the region’s overall quality of life.

We are not anti-growth. Like all township residents, we understand that sensible planned growth is inevitable. But we are against poorly planned, excessive, and unnecessary growth and density, such as that embodied in the Township’s Tier V ordinance.

We have adopted a strategy designed to encourage the Supervisors to follow the law and allow the Griffith property to be developed in accordance with the R2 zoning in effect prior to the passage of the Tier V high-density ordinance of December 26^th.

Make no mistake, your family's quality of life will be irrevocably harmed

if this development is allowed to proceed.

Specific Information        

Based on a considerable body of information made available to our group, we believe the proposed apartment complex is, at best, ill conceived. It does not conform to either the letter or the spirit of the existing Comprehensive Plan and environmental restrictions, and it totally ignores the tremendous impact of 400 plus vehicles on Nantmeal road as well as noise, fire safety, and light, air, and water pollution.

The following are six general concerns:

1. NON-CONFORMITY - 216 units on approximately fourteen acres does not even come close to conforming to the 1.5 acre density of the surrounding properties on Nantmeal Road, Red Fox Lane, Trego Road and properties on Nantmeal Road in East Nantmeal Township. PERHAPS A MUCH SMALLER DENSITY COULD BE ACHIEVED WITH CLUSTERED CARRIAGE HOMES OR BY RETURNING TO THE ORIGINAL PLAN TO BUILD SINGLE FAMILY HOMES ON BOTH SIDES OF Rt. 100.

 

2. GRID LOCK - The apartment’s single entrance on Nantmeal Road will force over 400 cars to use Nantmeal Road to access Rt. 100 during the morning and afternoon rush hours. As you know, Rt. 100 now experiences morning traffic backups past Nantmeal Road from the Rt. 401 signal. A SECOND ACCESS TO RT. 100 WOULD BE IMPERATIVE TO PREVENT MASSIVE GRID LOCK AND SAFETY ISSUES ON NANTMEAL.

 

3. FIRE SAFETY - Ludwig’s Corner Fire Company is not currently equipped to protect 45-foot high apartment buildings. The fire company would require a new ladder truck and the addition of an extra bay to their building at an estimated cost of over $1 Million. WHO IS GOING TO PAY THIS EXPENSE – THE DEVELOPER OR THE TOWNSHIP THROUGH INCREASED TAXES?

 

4. WATER POLLUTION - The apartments are located on top of a ridgeline that separates the French Creek and Brandywine watersheds. This raises serious concerns regarding sewage treatment so close to the Birch Run Stream. In addition, the large macadam parking lots will create considerable run-off into the stream carrying with it all the oil and grease drippings from 400 plus cars. THE CURRENT PLAN AFFORDS LITTLE PROTECTION FOR THE HEADWATERS TO THE BIRCH RUN, AN "EXCEPTIONAL VALUE STREAM", AND PART OF THE WEST VINCENT FRENCH CREEK SCENIC RIVER CORRIDOR. PREVIOUS ACTIONS BY THIS COMMISSION INDICATE THAT THIS ISSUE HAS ALWAYS BEEN OF VITAL CONCERN TO THE TOWNSHIP.

 

5. LIGHT POLLUTION - Because the apartments are proposed to be located on the highest point on the Griffith property (and one of the highest elevations in West Vincent) with building heights of at least 45 feet, there are serious concerns about visual and light pollution. CURRENTLY THERE ARE NO PROPOSED TREE AND/OR EVERGREEN NATURAL BARRIERS ALONG NANTMEAL TO MITIGATE LIGHT AND VISUAL POLLUTION.

 

6. VISUAL POLLUTION - As proposed, the apartments are to be constructed within the designated "French Creek Scenic River Corridor" a plan that is counter to the intent of the township’s Comprehensive Plan and zoning regulations. AGAIN, THE CURRENT PLAN DOES NOT AFFORD ENOUGH PROTECTION FOR THE FRENCH CREEK SCENIC RIVER CORRIDOR.

1. Article V, Section 604 A.3. - intersections and access "recommends two access ways into and out of subdivisions containing more that fifteen lots. It further states that more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow." IN THE CASE OF THE PROPOSED APARTMENT COMPLEX, NOT PROVIDING TWO ENTRANCES WOULD UNNECESSARILY disrupt traffic flow, THEREFORE A SECOND ENTRANCE ONTO Rt. 100 IS IMPERATIVE.

 

2. Article XX, Section 2106, B.2.a. - Mitigation of Visual Impacts states that " The applicant shall plant trees and shrubs and make other landscape improvements (e.g. – berms, fences), as necessary to mitigate the visual impacts which his proposed actions will have on his property, adjoining properties, and the Township in general". THE PROPOSED SITE PLAN TOTALLY IGNORES THIS REQUIREMENT.

 

3. ARTICLE XXII, SECTION 2218, B – SCENIC RIVER CORRIDOR DELINEATION "For the purpose of this Section, the French Creek Scenic River Corridor shall be delineated as an area five hundred (500) feet from the centerline of the designated stream segments identified in paragraph A. above or the ridgeline adjacent to such stream segments, whichever is less. THE SETBACK FOR THE PROPOSED APARTMENT STRUCTURES APPEAR TO BE ONLY HALF OF THE REQUIRED 500 FEET, THEREFORE THEY DO NOT CONFORM TO THIS REQUIREMENT.

 

4. ARTICLE XXII, SECTION 2218, C. 2. – RIDGELINE SETBACK "New buildings and structures shall be set back a minimum of fifty (50) feet from the edge or crest of any ridge or topographic divide, as defined in U. S. Geological Survey topographic quadrangle maps or field survey, unless vegetation or other natural features exist to visually screen the proposed building or structure. Such vegetation or other natural features shall not be removed or destroyed." THE APARTMENT COMPLEX BUILDINGS ARE PROPOSED TO BE CONSTRUCTED DIRECTLY ON TOP OF THE RIDGELINE WITH NO SETBACK AS REQUIRED BY THIS SECTION OF THE TOWNSHIP ORDINANCE.

We are fully aware that the Township Supervisors favor this proposed plan because it permits 80% open space when both the separately deeded and non-adjoining properties bisected by Rt. 100 called the Griffith property are considered together.  We also know that the Township Supervisors wish all development to occur on the west side of Rt. 100 with regard to the Griffith property. To accomplish this they hastily pushed through a substantive zoning ordinance change establishing a new Tier V R2 Zone for the Griffith property without proper notification to adjacent land owners and homeowners within 500 feet as required in ARTICLE XXIX, SECTION 2902, B (2^ND PARAGRAPH).

 

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What YOU Can Do... Residents for Smart Development and its member groups depend on the support of people who care about their community. This fight will cost both time and money, but with the help of great people like you, we can win and WE WILL WIN!!!! So please volunteer your time, request a "WHY?" yard sign, and/or send whatever contribution you can afford, large or small, to the following address: Residents for Smart Development P.O. Box 121 Chester Springs, PA  19425