Panhandle proposal meets stiff opposition

by MICHAEL J. MISHAK

A proposal to rezone a 41-acre tract of open space for an age-restricted community in the Springfield Panhandle met with significant opposition at a public hearing before the township's board of commissioners last week.

The proceeding, held in the technology wing of Springfield High School on Oct. 21, brimmed with more than 100 attendees, many of who waited more than three hours to formally register their opposition.

Though township officials had emphasized the informal nature of the hearing, what unfolded was closer to a court proceeding, replete with legal counsel and expert testimony.

Fred Tecce, owner of a large swathe of grassy open space along Ridge Pike near Northwestern Avenue, sought to amend his property's AAA zoning, a sprawl-limiting regulation that restricts development to low densities. If granted, Developer James A. Nolen 3d has proposed to build an age-restricted community, comprised of three buildings -- each housing 24 condominiums -- and 64 twin homes.

The Friends of the Springfield Panhandle, a conservation group that claims more than 200 members, considered Tecce's request a move for "spot zoning," a practice, often ruled by courts to be illegal, in which zoning changes benefit a sole property without rational explanation or clear benefit to the public. The group said the development plan was inconsistent with both the character of the community and the township's 1998 comprehensive plan. Also, it alleged the development would harm the ecological balance in an area comprised of steep slopes and wetlands.

The Friends group would like to see the land preserved as open space.

The spirit, if not the language

Frank Jenkins, Tecce's lawyer, said the proposed development was consistent with "the intent of the language" of the triple-A overlay.

Dennis Glackin, the Tecce's land planner, called the proposal "one of the last chances to be creative in Springfield in a sensitive and proper manner." With a third of the township's population already 55 or older, an age-restricted community would attract many area residents looking for a lifestyle change, Glackin argued. Also, the development could mean a financial windfall for the township and its school district, generating $923,000 annually for the latter in tax revenue, he said. Senior residents would have a negligible impact on the township's traffic volume and consume less township services than a family dwelling, he said.

Scaling back a proposal brought before both the Montgomery County and Springfield Township planning commissions in April, Glackin said the current plan, with 51 percent open space, "tried to meet the spirit, if not the language" of the triple-A zoning.

An initial plan, which included 32 units in each of three condominium buildings and 114 town homes, failed the tests of both the county and township planning commissions, who later issued opposition letters to the township's board.

The condos would be priced between $200,000 and $250,000 while the development's twin homes would start at $500,000, Glackin said.

Chris Williams, of the transportation-planning firm McMahon Associates, detailed a traffic study that projected the development's potential impact. Comparing seven similar facilities in the Philadelphia suburbs, the Nolen plan would generate "slightly" less traffic than a development of 45 single-family homes, Williams said, translating to a 1 percent increase to current traffic conditions.

The Nolen plan also proposes to supplement Montgomery County's road expansion project. The county plans to add another eastbound lane to Ridge Pike near the Tecce property by 2006, but is precluded by the Tecce land's position in a historic district from making further improvements to the major artery, said Donald Colosimo, Montgomery County director of roads and bridges.

In addition to building a westbound right-turn lane into the new development and a driveway extension to the Masonic Village, Nolen proposes to finance the construction of a left-turn lane for Manor Road motorists.

Nolen said scaling back the proposed density would inflate homeowners' association fees and prohibit the traffic improvements, which he placed at more than $900,000.

'Spot zoning'

Armed with an opposition letter signed by more than 200 residents and a protest letter signed by 58 area property owners, Peter Friedman, attorney for the Friends of the Springfield Panhandle, asked the board of commissioners to deny the Tecce request.

According to Friedman, the Nolen plan's density is more than threefold the limit imposed by triple-A zoning. Describing the proposal as "out of character" with the surrounding land use, he said the Tecce case was an example of "spot zoning" since an amendment to the township's zoning code would apply solely to that property.

Recommended in both Springfield Township's comprehensive and open space plans, triple-A zoning was the result of a three-year effort and applied to the Tecce property in May 2003. That work, combined with the county and township planning commissions' requests for denial, should prompt the board to deny Tecce's plea, Friedman said.

Land planners Richard Collier and David Cavanaugh, of Land Concepts, continued the Friends group's case, saying that the township's comprehensive plan is clear about maintaining low-density development and open space in the panhandle area. Under current zoning, the Tecce land could accommodate a maximum of 39 lots, Cavanaugh said, preserving a minimum of 59 percent open space.

Asked by the board if he believed such a plan would be acceptable, Friends president Brennan Preine indicated his approval.

A long succession of residents testified on everything from environmental impact to public safety to storm water runoff management. The majority sided with the Friends of the Springfield Panhandle. Two area residents -- one from Whitemarsh, another from the East Fall section of Philadelphia -- expressed their support for the Nolen plan, saying they would consider living in such a community.  

Representatives from at least five civic organizations, including the Friends of the Wissahickon, Wissahickon Watershed Association, Whitemarsh Open Space Committee and Roxborough Greenspace Project, registered their opposition. The Morris Arboretum also opposes the project.

Some residents questioned the credibility of claims that the new development would service many of the township's senior residents. Citing figures from the 2000 Census, Joanne Fishman, a resident of the neighboring Eagle View development, said 11.5 percent of the township's residents, reported an income of $150,000 or more. Of those residents, it is unclear how many would qualify for an age-restricted community, she said. The development would target those outside the township, she said.

Others questioned the Tecce party's motive for appealing to the board of commissioners instead of the township's zoning board. Unlike applications for zoning variances, a board-approved amendment would not afford township citizens a right of appeal, said Rob Ryan, of Flourtown.    

After listening to the litany of community objections, Jenkins, the Tecce lawyer, said, "The property will be developed," and claimed that the township had led his client to believe the land could accommodate 60 homes. He suggested that he would challenge a board denial, and insisted that the township and county planning commission hadn't evaluated the newest plan.

Less dense building would mean cheaper homes, he said. "You're better off with our proposal. It's going to be developed. It's not going to be a park. We don't want to fight with the neighbors. The neighbors want to fight with us," Jenkins said.

'Under siege'

After four hours of presentations and testimony, the board adjourned the hearing without taking any action, leaving the issue open.

Though not obligated to render a decision, the board could deliver an opinion as soon as Nov. 8, the date of its next regularly scheduled meeting.

The case may be the first of several challenges to the triple-A zoning overlay, a designation reserved for land with more than 10 acres of open space. On Oct. 25, Springfield Township's Board of Commissioners held another public hearing in the case of a property owner who has proposed to build 42 townhouses on a 14-acre tract in Oreland. Under the land's triple-A zoning, about 20 homes would be allowed. Due to the late date of the hearing, the outcome was unclear at press time.

"Triple-A is under siege," said township commissioner Kathleen Lunn, the only commissioner to oppose the public hearing, in a phone interview on Monday.  "It's consistent with the [planning] commission's objectives. We shouldn't be giving it up if it doesn't enhance our community."