West Vincent Local Government Continues to Facilitate David Della Porta's Plans To Build a Mega-Apartment Complex Despite Overwhelming Resident Opposition

On March 20, 2003, the Planning Commission continued to ignore residents and opted to continue their customization of Township zoning ordinances to benefit developers.  This came as no great surprise to any of the residents in attendance as each Planning Commission member is hand-picked by the Supervisors and at least one owes his position on the Planning Commission to his work to elect Clare Quinn as Supervisor. 

To review what occurred at the public hearing on March 2^nd, the Planning Commission agreed to consider only the following four changes despite intense public opposition to the Tier V ordinance:

• making Tier V a conditional use,

• not increasing the maximum allowed height for apartment buildings (keep at 35 feet),

• take out some of the language as to what roads would qualify for Tier V-type development, and

• buildings to have pitched roofs rather than flat ones.

But, at their regular meeting on March 20^th, the Planning Commission refused to recommend the key change that would have allowed direct resident input into the development process for these mega-apartment complexes.  [It is interesting to note that in West Vincent Township, residents are prevented by their so-called "representative" government from even having the input allowed residents in Upper Uwchlan Township, one of the most over-developed townships in the region.]  By refusing to recommend the requirement to make apartment complexes a conditional use, the West Vincent Township local government continues their agenda of stripping away the rights of residents to have real and direct input into what happens in their community.  Basically, in West Vincent Township, if a developer can strike a deal with the Supervisors, the needs and desires of residents are irrelevant -- all thanks to our current officials.

But, there was even more good news for some our local government officials.  Namely, the interests of some of the Planning Commission  members and Supervisors were well-served by the Planning Commission's decision on March 20^th  -- despite the harm caused to the majority of residents.  By limiting where mega-apartment complexes may be built to just the Route 100 and Route 401 corridors, Planning Commission Member Peter Rodgers  and Supervisor Ken Miller (both of whom live on Horseshoe Trail - one of the more heavily traveled roads in the Township and thereby one that could have been classified in the future to allow these apartments) no longer have to worry that an apartment complex will be located near their properties.  Also, Supervisor Clare Quinn also has reason to celebrate as she lives on Davis Lane directly adjacent to Ken Miller.  And finally, let us not forget Planning Commission Member Jean Warrick (who lives at the corner of Birchrun Rd and Horseshoe Trail) who not only will directly benefit from the recommendations she voted to adopt on March 20^th, but who also benefits from Della Porta's plan to build his apartment complex as far away from her property as possible.  

So please feel free to call each of the Planning Commission Members and thank them for putting their interests ahead of those of the vast majority of residents:

James Wendelgass
Chairman
2495 Malehorn Road
Chester Springs, PA 19425
610-458-0174

H. Wheeler Aman
P.O. Box 118
Kimberton, PA 19442
610-933-5451

Vincent Kling, Jr.
1259 Birchrun Road
Chester Springs, PA 19425
610-469-0440

Jean Warrick
874 Birchrun Road
Chester Springs, PA 19425
610-469-9725

Peter Rodgers
2800 Horseshoe Trail
Chester Springs, PA 19425
610-469-4648

Ken Miller, Board of Supervisors liaison
2573 Horseshoe Trail
Chester Springs, PA 19425
610-827-1603

[As Planning Commission Members are basically appointed for life (their terms are simply renewed by the Supervisors unless a member dies or resigns), I haven't included when their respective terms in office expire.  By simply extending the terms of current Planning Commission members regardless of whether other Township residents want to serve, the Supervisors' agenda is benefited by excluding anyone who has a different point of view.  In fact, when two "outsiders" (the term used by some in the West Vincent Township local government to refer to those who oppose their agenda) recently applied for two open spots on the Planning Commission, the Board of Supervisors quickly passed a resolution reducing the size of the Planning Commission from seven to five members.]

Update - March 2, 2003

Residents Express Anger at Planning Commission Meeting Over Supervisors' Scheme to Force Tier V on West Vincent Township -- Also, How Everyone in Northern Chester County Loses Because of the Supervisors' "Let's Make a Deal" Attitude Toward Land Development

During a three hour meeting on Thursday, February 27, residents of West Vincent Township (as well as others from throughout northern Chester County) expressed their outrage at the Supervisors' irrational insistence on forcing unnecessary high-density apartments on residents solely for the benefit of a single developer, David Della Porta.  Their anger was clearly evident as NOT A SINGLE INDIVIDUAL IN THE AUDIENCE VOICED SUPPORT FOR THE SUPERVISORS' TIER V SCHEME!  

Also, just how "out of touch" the Supervisors are with the expectations and wants of their constituents was evident when, at the conclusion of the meeting and after listening to over three hours of residents voicing their opposition to her plan, Supervisor Clare Quinn continued to ignore the obvious and complained to a Township employee that the group attending the meeting "simply wasn't representative."

Before discussing the highlights of the meeting, let's look what the Supervisors' "wheelin' and dealin'" attitude toward land development is going to cost all of us if the Supervisors don't wake up and come to their senses.  Originally, Developer David Della Porta only wanted to:

• build 87 single family homes, 

• preserve the original farm buildings on the Griffith tract, and

• preserve 91.5 acres of open space (total).

Had it not been for the West Vincent Township Supervisors, Della Porta's original plan would have been approved and NONE OF US WOULD BE FORCED INTO OPPOSING THE DEVELOPMENT OF THE GRIFFITH TRACT.  But this plan wasn't good enough for the Supervisors.  Whether it was due to ignorance or egos out of control, we'll never know for sure.  But at least the Supervisors' deal-making benefited residents -- right?  WRONG!

Solely due to the insistence of the West Vincent Township Supervisors, David Della Porta came back with two additional plans -- one that would re-distribute the 87 single family homes and one for 216 apartments.  Incredibly, the Supervisors wanted the apartments.  So, under the developers new proposal, we got the following:

• 216 apartments,

• preservation of the original farm buildings on the Griffith tract, 

• the probable loss of the Ludwig's Corner Horse Show Grounds (33 acres) because of the Supervisors' lust for Della Porta's apartment plan, and

• 12 additional acres of open space (103.5 acres total).

Not a very good deal, but the "real deal" is even worse.  Because of the Supervisors' scheming, David Della Porta was able to sell 15.674 acres (called the Niederweiser tract) that was included and would have been preserved under his original plan.  But now, because of the Supervisors, another developer will be able to build on this land.  So now, we have a developer named Joseph Piccone proposing 8 houses on this tract of land.  So, once again, because of the West Vincent Township Supervisors, residents are confronted with even more development.  In conclusion, here's what we are left with:

Della Porta's Original Plan:

• build 87 single family homes, 

• preserve the original farm buildings on the Griffith tract, and 

• preserve 91.5 acres of open space (total).

The Supervisors' "Improved" Plan:

• the probable loss of the Ludwig's Corner Horse Show Grounds (33 acres of open space) because of the Supervisors lust for Della Porta's apartment plan,

• 216 apartments,

• between 8 and 11 single family homes on Niederweiser tract

• preservation of the original farm buildings on the Griffith tract, and

• 12 additional acres of open space (103.5 acres total).

Why would any rational government official advocate such an irrational and dangerous course of action against the wishes of their constituents??????

And now, some highlights of the February 27 Planning Commission Meeting: 

• Bob Frye of Citizens for Sensible Development (CSD) started the comment portion of the meeting when he provided the following summary of why Tier V should NOT be included in the West Vincent Township ordinance and warned the members of the Planning Commission that adopting Tier V will open the Township to rampant, unnecessary development.

He also reminded the members of the Planning Commission about the genesis of Tier V.  Specifically, he stated:

"When I think about the 1998 ordinance and all the processes you went through to create the '98 ordinance...and I mentioned before that a lot of work went into creating the [1998 ordinance]...We would not be sitting here if it were not for David Della Porta and the Griffith property.  We would not be sitting here talking about 45' high buildings if that's not what David Della Porta wanted to build on the Griffith property.  The Griffith property, at best, is a poor piece of property to develop.  Every one of the five proposals that were made to the Griffith family were for single family homes.  However, in the wisdom of the Township Supervisors, they said 'Let's put everything on the west side of the town[ship] and how do we write an ordinance that will allow us to do that' -- that's the genesis of Tier V.  It was not created because somebody sat down and said 'Let's carefully think about how we want to prevent lawsuits in the future -- how do we want to create an ordinance that allows  for the proper development of multi-family apartments of the proper height that are reasonable for the Township.'  That's not the way this got created -- this got created because we were reactive to something -- as opposed to being proactive.  We created Tier V...you created...people created Tier V to serve one developer on one piece of property and now we're applying that same development right to a whole bunch of different potential properties in the township and I think that's just an abominable thing to do.  That's not really good planning..."

After his comments, Mr. Frye received a round of applause from the audience.

• Dunwoody (Woody) Zook, a member of the Board of the Ludwig's Corner Horse Show Grounds Association (who was at the meeting to represent the Horse Show Association), stated that if Tier V is passed, the Horse Show Association will be forced to re-evaluate their plans for preserving the show grounds.  Specifically, he stated that:

"...One of our primary goals is to try to preserve our 33 acres of open space in this Township.  If this Township believes it is in their best interest to impose this Tier V, it's not only going to affect West Vincent, it's going to affect everybody else including the Horse Show Association and it's going to make us rethink what our goals are and if we're going to want to stay in West Vincent.  We are very opposed to this and so are all of our members..."

[The Horse Show Grounds have been a fixture in West Vincent Township for nearly sixty years.]

Are You Going to Allow the West Vincent Township Supervisors to Take This Important Part of Our Community Away From Us Forever? 

Is Tier V Really Worth It?

• Henry Osborn, a Supervisor in East Nantmeal Township, pointed out to the members of the Planning Commission that the apartment complexes  encouraged by Tier V will result in even more apartment complexes as surrounding landowners are left with no other option but to develop their land in a similar manner.  He also correctly stated that surrounding landowners would be left with no other option but to build apartments because most individuals buying single family homes don't want 50' tall apartment buildings towering over their homes.  He also questioned why the ordinance was needed when parts of West Vincent Township are already zoned for apartments.  Finally, he stated that that any additional "open space" supposedly provided by Tier V was, in fact, a farce because by tripling the density, much of that open space will be consumed by sewage spray fields and sludge lagoons.

• Martin Blumenthal of Saint Matthews Road in West Vincent Township told the members of the Planning Commission:

"...But I also think that you need to have some guts...I keep hearing about [from you] that you might be sued...The people of this Township don't want Tier V -- why do you think everyone is here tonight?  I've lived in this Township for fifty years...We had subdivision ordinances and zoning here before any of our surrounding townships -- we were a leader in trying to preserve this Township.  What you're doing here with this plan is knocking all that hard work of all these years down the drain and I'm appalled..."

After his comments, Mr. Liventhal received a round of applause from the audience.

 

• Jody Dinnell of Black Horse Road stated the following in response to James Wendelgass' continued attempt to defend Tier V by stating that it was "consistent with the Township's Tier zoning system":

"Just to say that Tier V is consistent with the Tier approach doesn't make it right -- doesn't mean it is the right thing to do... So, you know, that just doesn't really say anything -- that it's consistent so we must be going down the right path...I don't see how that's enhancing the community...

You're not really gaining anything that's going to enhance people's lives..."

Ms. Dinnell's comments also apparently resulted in the members of the Planning Commission finally being able to grasp the merits of the "conditional use" process if they must force Tier V on West Vincent Township... 

 

• Dave Greene of West Vincent Township asked "What does Tier V get us [the Township]?"  

This question went unanswered by the members of the Planning Commission...

• Anne Winn of Prizer Road told the board that their proposed plan to only provide two parking spaces per apartment unit would be woefully inadequate.  She also provided an excellent example (using the island of Bali) to show that 50' high apartments would severely and irreparably damage the rural character of the Township.

• The members of the Planning Commission claimed time and again that a large part of their rationale for wanting Tier V was to lessen the probability of the Township being sued in the future by a developer.  But, when Jason Phillips (RSD) of Black Horse Road asked Fronefield Crawford, the Planning Commission's attorney, what had made him decide that Tier V was now necessary after he had said that the Township's 1998 Ordinance fully complied with state law, Mr. Crawford stated that "he hadn't looked at the 1998 materials recently."  If that is the case, the Township doesn't even know what their actual current level of risk is and is just making a guess as to the need for Tier V.

• The audience voiced considerable concern about placing 50' apartment buildings on top of the ridgeline behind the Ludwigs Corner Fire Company (the Township considers halfway up a sloped roof to be the "height" of a building for ordinance purposes -- Tier V increases this allowable height to 45' so any apartment buildings would really be 50' tall).  

• In response to Planning Commission member Peter Rodgers' repeated statements (throughout the meeting) that the opposition to Tier V is just a "backyard issue," resident Jason Phillips pointed out that he lived farther away from the proposed apartment complex than Peter Rodgers and he opposed the Tier V ordinance.  Specifically, he said:

"...Characterizing this as just a backyard issue just doesn't work.  I actually live farther from it than you do and I'm against it -- and I'm sure you remember our "WHY?" signs before 200 of them were stolen by our opponents -- and they [the signs] went from Coatesville to West Chester to Pottstown to Phoenixville to Elverson --- this also isn't in their backyards as they're farther away than we are [and they're opposed to this as well] so I don't think that statement is really fair..."

He also asked the members of the Planning Commission to state their other reasons for Tier V (in addition to lawsuit buffer and clustering) -- the Commission members were unable to come up with any other reasons...

• Resident Jason Phillips also asked why the Township was trying to adopt an ordinance that would produce development so inconsistent with what residents expected under the 1998 ordinance as the Township is currently involved in adopting regional planning.  That is, was it a lack of faith on the part of the Township with regard to regional zoning?

In response, Supervisor Clare Quinn stated that regional zoning would be in place within 15 months.  In response to this statement, several members of the Planning Commission expressed their belief that regional zoning is unrealistic and will never happen.  

So, it's time for Supervisor Quinn to put up or shut up.  For over two years, she has been promising residents that her efforts to foster "regional zoning" would soon bear fruit.  As any regional zoning would likely (and logically) push high-density developments (like those encouraged by Tier V) closer to towns like Phoenixville, THERE WOULD BE ABSOLUTELY NO NEED TO PASS AN ORDINANCE CONTAINING TIER V NOW.  

So, if Supervisor Quinn votes in favor of Tier V, she is telling residents that she has been less than truthful about her promises and progress in bringing regional zoning to West Vincent Township (and perhaps has been less than truthful about its benefits as well).   

• In spite of the overwhelming opposition to Tier V, the Planning Commission only agreed to consider (and only consider) the following:

  • making Tier V a conditional use,

  • not increasing the maximum allowed height for apartment buildings (keep at 35 feet),

  • take out some of the language as to what roads would qualify for Tier V-type development, and

  • buildings to have pitched roofs rather than flat ones.

  Read the Daily Local News article...

  Email or call 610-321-0956 if you want to borrow a videotaped copy of the meeting

TO ATTEND THE WEST VINCENT TOWNSHIP

PLANNING COMMISSION PUBLIC HEARING ON THURSDAY, FEBRUARY 27^TH AT 7:30 p.m.

AT THE TOWNSHIP BUILDING IN BIRCHRUNVILLE

The West Vincent Township Supervisors and Planning

Commission Members will try to re-enact the Tier V Zoning

Ordinance for HIGH-DENSITY, four-story apartments...

Now is the Time to Make Your Voice Heard!