Development Category

Category: Development

It's Strike Two for 27 Townhomes on Durham Road!

At the November 13, 2019, Newtown Board of Supervisors (BOS) meeting, Durham Partners Group, LLC, submitted a Zoning Hearing Board (ZHB) application for twenty seven townhomes and associated dimensional variances on the property located at 413 Durham Road in the PS-2 (Professional Service) Zoning District. The BOS heard from the applicant's professionals that the proposed townhouse use is much lower impact from a traffic and development standpoint than a permitted medical office building.

Strike One!

After extensive questioning by Supervisors, the BOS voted 4-1 to send the Township Solicitor to the December 5, 2019, ZHB meeting to oppose the developer's request for 7 variances (for more details, read "Newtown Supervisors Oppose Plan To Build 27 Townhouses" in the Newtown Patch). Supervisor Kyle Davis cast the lone "nay" vote.

According to resident Mike Horbal in a private comment to me, "this is a classic example of 'overdevelopment' or, worse, 'land grab.' This use is not permitted as a use by right, a conditional use, OR a special exception in the PS-2 district," said Horbal.

In comments before the BOS, Mr. Horbal noted that without any variances, only one single family home would be allowed at this location. He said "to propose twenty seven townhomes on a 5-acre property makes very little sense except for the developer." Mr. Horbal said that if the town is really against overdevelopment this would be a "perfect example" to oppose. "Don't come to town," said Mr. Horbal, "if you can't propose a project that meets the requirements of the zoning regulations."

Resident Joyann Charlton echoed Mr. Horbal's comments and implored the BOS to take a position against the development. Ms. Charlton mentioned the strain on already overcrowded schools and busing.

View the following video of the Q&A and comments from the BOS and residents:

Strike Two!

Heath Dumack, the engineer hired by the developer, appeared before the Newtown Planning Commission at its November 19, 2019, public meeting "as a courtesy."

Mr. Dumack responded to questions by the members of the Commission and commented that "You're being much nicer than the reception I received last Wednesday" (he was referring to the reception by the Board of Supervisors).

But the "niceties" did not last long. PC member Paul Cohen said "I don't want to be too impolite about it, but this is crazy! This is just a blatant effort to squeeze as much as possible out of this. To come in and propose - where there's supposed to be one home - twenty-seven is... incredibly bold."

Listen to the discussion at the PC:

Strike Three?

The next step for Durham Partners Group is to appear before the Zoning Hearing Board. Will the third time be the charm or will it be strike three and "yer out!"? With the Township Solicitor there to oppose awarding variances for this plan (see below), it is my hope that the ZHB denies the application.

Would it have been possible to save the township some money and just send a letter to the ZHB? I don't think so. It is my experience that developers will never give up and they are willing to spend the money on lawyers. You can't fight that with a letter!

Posted on 20 Nov 2019, 01:57 - Category: Development

Newtown Creek Coalition Proposes a NEW Pedestrian Bridge to Supervisors

Concept of the project as envisioned by John Mack. NOT the official plan.

Posted on 21 Sep 2019, 01:48 - Category: Development

Parking & Traffic in the Village at Newtown

The Village at Newtown "Shopping" Center is currently in the final phase of a 35 million dollar makeover that Brixmor Property Group - the owner - hopes will revitalize the center. The plan is shown above.

Yes, parking and traffic in the Center has been a mess for some time. Will things improve once construction is complete or will parking and traffic remain problems after all is said and done?

I don’t know if there is a DEFINITIVE answer to that question, but I do believe there are signs that all will be well in the Center eventually.

At least that seems to be the opinion of Allen Fidler, Chair of the Newtown Planning Commission Definition although he acknowledges that not everyone will be happy in the end.

In response to a resident’s comments at the May 8, 2019, Board of Supervisors (BOS) meeting, Mr. Fidler recounted the history of this project and explained the ultimate goal of Brixmor, the company that owns and manages the Center. Listen to this podcast:

Meanwhile, the renovation in the McCaffery's Food Market section of the Village at Newtown "Shopping" Center is essentially complete. On Tuesday, June 4, 2019, around 1:30 PM I drove through the area entering where the new Bank of America building and Starbuck's are located. There was no traffic problem and parking was plentiful. View the video:

Section #1 (Bank of America and a small office building; see plan above) will be completely redeveloped. Pre-existing buildings have already be removed and new shops will be built closer to Durham Road. Many of these have already been approved by the BOS. This is the primary location for an estimated additional 58,000 square feet of retail space (they will also be new space added to section #3.

History of Parking Variances

The Newtown Zoning Hearing Board (ZHB Definition) approved the parking plan on October 16, 2016. In attendance and voting for the plan were: Chairman Timothy Potero, Vice Chairman Michael Iapalucci, Secretary Robert Whartenby and members Shawn Ward and Brandon Wind. According to the minutes of the Omeeting: "There had been relief in 1991 for parking ratio. The existing variance [as of October 2016] is 5.5 spaces. The applicant is seeking 4.7 spaces per 1000 square feet of retail [which was approved by the ZHB]." Before the renovation there were 1007 spaces and the new plan shows 1065 spaces.

At the ZHB meeting, the architect on the project said he has "spent a lot of time observing the center and noting customers’ behavior. Many customers come in and park, walk directly to the shop they are going to and go back and move the car rather than walk to their next stop, even within the same section. The proposed changes to the pedestrian accesses will encourage shoppers to walk from one destination to another." This is the "walkability" concept that has often been discussed at recent BOS meetings. For more about that, view the video below:

Dan Disario, traffic engineer for Brixmor, testified that there has been a "decrease in peak demand for shopping center parking in recent years and that standard need is 3 spaces per 1000 square feet. For this shopping center, extensive studies and counts have been conducted during lunch and dinner hours on Fridays and Saturdays in May, September, and November of 2015 and in September of 2016. Over 56 hours of counts have been conducted at fifteen minute intervals. The peak for the entire center, all four sections, was on Saturday, September 21 at 1:45 PM, when 458 vehicles occupied the 1007 parking spaces for only fifteen minutes. There have been a number of comments about difficulty with parking in lot #4 on weekend evenings. On Friday, September 2 at 5:54 PM the highest demand was 3.5 vehicles per 1000 square feet. Mr. Disario said that all calculations have considered the current unoccupied space and the projected numbers for full occupancy."

The goal for this redevelopment is a mix of retail and restaurant uses that complement each other. Shoppers window shop then stop to eat. No tables are available right now at your restaurant? Then sit outside in the amphitheatre for a few minutes or explore the other stores in the mall and come back 30 minutes later.

“An emphasis on fine dining and events is also helping to make malls the hub of the local community – a place to share quality time with friends and family… It is critical that malls be about much more than stores.” Source: “The Future of the Shopping Mall”; https://www.mckinsey.com/business-functions/marketing-and-sales/our-insights/the-future-of-the-shopping-mall [accessed June 6, 2019]

It is essential to his business success of Brixmor that it correctly planned for adequate parking. If there is inadequate parking the businesses will suffer.

Posted on 06 Jun 2019, 13:27 - Category: Development

Toll Brothers Twining Bridge Road Proposal

The following is a presentation of a "sketch plan" made before the Newtown Board of Supervisors on September 17, 2018. The plan was presented by by Toll Brothers representative Greg Adelman.

Click for Audio:

The following is an audio recording of comments, questions, and concerns expressed by members of the public following the presentation.

Posted on 20 Sep 2018, 15:17 - Category: Development

Newtown Township, Upper Makefield, and Wrightstown to Consider Deleting Planned Residential Development from the Newtown Area JMZO

Newtown Township, Wrightstown, and Upper Makefield, will hold public hearings on September 12, 17, and 18, 2018, respectively, to consider an ordinance (here) to amend the Newtown Area Joint Municipal Zoning Ordinance (JMZO) by deleting Planned Residential Development (PRD) as a permitted use. After the hearings, the Supervisors of each township will consider the enactment of the ordinance.

UPDATE: At the September 12, 2018, Newtown Board of Supervisors meeting, Solicitor David Sander introduced JMZO 2017-04, which is an ordinance amending the Newtown Joint Municipal Zoning Ordinance to deleted Planned Residential Development (PRD). The Board passed the ordinance by a 5-0 vote. See video below.

According to the PA Municipalities Planning Code (MPC), PRDs are designed to encourage innovation and variety in development, provide better opportunities for housing, recreation, and open space, and better relate development design to the particular site.

According to a November 2, 2017, email from the Bucks County Plannning Commission to the Newtown, Upper Makefield, Wrightstown Joint Zoning Council (JZC), which oversees the JMZO:

The JZC believes that Use B-15 Planned Residential Development is redundant because Use B-14 Performance Subdivision permits a mixed residential development with the same range of dwelling unit types at compatible densities. Additionally, a Performance Subdivision proposal goes through the standard Preliminary Plan process instead of the PRD Tentative Plan procedure that is proscribed in the MPC.

The PRD Tentative Plan procedure involves these steps:

Landowner or agent shall file application, upon payment of a reasonable fee, containing detailed information …
Within 60 days of filing, the governing body, or planning agency if so designated, shall hold a public hearing pursuant to public notice and may continue the hearing or refer the plan to the planning agency for a period no longer than 60 days after first hearing
Within sooner of 60 days after conclusion of public hearing or 180 days after filing, the governing body, or planning agency if so designated, shall in writing approve, approve with conditions, or deny PRD plan and provide findings of fact; failure to act timely results in deemed approval
Final approval of a PRD plan: If final plan complies with tentative approval, no public hearing shall be required and approval shall be granted

Newtown Township currently has 21 PRDs that are already approved. Currently, the Township is in the midst of the third Arcadia Green Tentative PRD application in 3 years (read “Developer Presents Third Plan for Arcadia Green Development in Newtown Township”) and has convened two public hearing meetings before the Board of Supervisors (BOS) regarding that application. The hearing has been continued to Thursday, September 13, 2018 at 5:30 PM.

The first two Arcadia PRD applications were denied by the BOS.

As reported in the August 12, 2018, edition of the Bucks County Courier Times (here), Arcadia attorney John VanLuvanee said “Arcadia is prepared to appeal a third denial of the project to county court, as it has with the previous two plans, in cases that both are still pending.”

In an August 1, 2018, letter to Vicki Kushto, counsel to the JZC, Newtown Solicitor Dave Sander indicated that Newtown Township “strongly supports this ordinance [to eliminate PRD] and would like to see it expedited toward enactment.” This was the consensus of the BOS expressed at the June 18, 2018, Work Session.

Posted on 27 Aug 2018, 12:50 - Category: Development

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