Answering land use questions.

Below is a list of properties in the township that I most often get questions about in terms of development potential. In other words, “what can be built here”?

For each, I’ll provide some thoughts on the properties in general and what different scenarios exist for development. Note, unless I indicate that the property is on the adopted official map, or refer to an adopted comprehensive plan these thoughts are my own. This is just a start and I’ll be adding more properties as well and additional updates if and when I get more information. These are all “by right” scenarios assuming that future boards don’t rezone these properties. The current board is very much against wholesale up-zoning of properties to more intense uses.

These really represents a list of “what’s left”. Because of our aggressive farmland preservation program we’ve precluded development on almost 500 additional acres over the last 4-years. The list of “what’s left” is getting much shorter in our township.

1.) Farmland along Lower Macungie Road. “The Dorney Property”.
Overview: With permanent preservation of the Weiner and Lichtenwalner Farms the “Dorney Tract” is now the largest preservation priority remaining on our adopted official map. The property is located on both sides of Lower Macungie Rd. between Cedar Crest and Wild Cherry Ln. It also includes some areas between Wild Cherry Park and The Turnpike. Most of these properties are listed on the official map designated as “lands to be acquired for parks” (brown slashes) or “lands to be acquired for farmland or open space” (blue slashes). See the map section below. Currently, the property is for sale and being marketed for development. 

Township Official Map. Blue slash areas are “lands to be acquired for farmland or open space”. Brown slash area “for parks”. The Dorney tracts are pictured here along Lower Macungie Rd.

My thoughts: We would love to preserve this property, it’s listed on the Township Official Map and we stand ready to explore options with the landowner if any opportunities present. At this point the price is well above market value. Should this change we remain interested in continuing discussions. We would explore the same mechanisms we used to successfully preserve other large parcels.

The land south of Lower Macungie Rd. could be used to expand Camp Olympic Park allowing for driveway access off Lower Macungie Rd. Currently, the park can only be accessed off of Cedar Crest. This is not ideal from a safety perspective. So there is definitely a well defined public benefit for acquiring this particular parcel or preserving with a driveway easement. The areas north of Lower Macungie are prime agriculture lands currently being farmed. Altogether there are 6 main parcels that range from 7 to 40 acres. Some of the smaller ones are wooded lots. Altogether they total about 100 acres.

How it could be developed:
The property is zoned Suburban and has been for a long time. This could be developed with single family homes. Worse case scenario the properties could be developed with around 100 homes conventionally. However, this number is unlikely based on most recent precedents. For example, Commissioners would likely require the maximum amount of open space in any development proposals as opposed to a fee in lieu of. We have also not been inclined to take on additional public infrastructure obligations that we are not obligated to. This means a developer will have to account for these items without expecting any subsidies whether direct or indirect from taxpayers. Personally, I am very concerned about the impact any development in this area would have on Cedar Crest Blvd. Another reason we would love to pursue preservation. If that isn’t possible, ideally a developer would utilize conservation cluster design similar to Stone Hill Meadows which could result in some preservation even with a development scenario.

2.) Farmland along Cedar Crest and Lower Macungie Rd. “The Farr Tract”.
Overview: This 54-acre property was previously owned by Lehigh Vally Hospital in partnership with a family trust. A few years ago, the township indicated an interest in making an offer to permanently preserve the property at fair market value in conjunction with the Wildlands Conservancy. A letter of interest was sent. I supported this. Unfortunately the hospital and trust instead chose to sell to a developer.

The “Farr Property” is located on Cedar Crest and Lower Macungie Rd. The township was interested in preserving it along with the Wildlands conservancy. Unfortunately, Lehigh Valley Hospital and the family trust sold it to a developer instead of the Township/Wildlands. This was very disappointing as we would have matched the price. This area of Cedar Crest Blvd. is listed as a PennDOT congested corridor.

My thoughts: PennDOT currently lists South Cedar Crest Blvd. as a congested corridor. This is a big reason why the township had wanted to limit development at this location. The potential partnership with the Wildlands made sense because of proximity to the Pool Wildlife Sanctuary.

Again, all these conversations ended when Lehigh Valley Hospital and the Farr family trust chose to sell it to a developer for $1.75 million instead of to the township. You can read about it here. This was extremely disappointing. It’s very likely the township would have matched the sale price in an effort to preserve the property.

How it could be developed: Previous sketch plans were submitted that had 2-3 acre estate lots. If we could not get the property preserved, this was a desirable alternative in terms of impact as it kept traffic counts low. This does not seem likely anymore as the current owner who is a developer will probably want more units. The worse case scenario could be 80+ single family units. This would be tough since the township would require maximum open space for any conventional project as opposed to any fee’s in lieu of. (this would be my position). This property is also constrained because it has severe access issues so it’s unlikely PennDOT would allow a high volume driveway on Cedar Crest.

The bottom lines is after this property was sold by the Hospital/Farr family estate to a developer instead of the Township/Wildlands the writing was on the wall that it was going to be developed. The question is how intense and of what quality? 

3.) The “Home Depot” aka the “Macungie Crossing” site.
Overview: This is a 4-acre commercial site on Hamilton Blvd. Prior to the recession, it was supposed to bring a Home Depot and up to five other tenants just east of Grange Road. A prior Board of Commissioners approved developer RD Management’s subdivision plan in 2007. A traffic light was even installed at Hamilton Boulevard and Shepherd Lane. Today the developer is simply holding the property as they are recieving a stable income from a Home Depot lease. The developer won’t divulge how long the lease is for.

My thoughts: I don’t expect this to change anytime soon. For now I’ve been told by commercial brokers that since Hamilton Crossings opened the township is now slightly “over retailed”. Specifically, in terms of lower value strip and box retail centers. This paired with a decline in general with that particular type of brick and morter shopping. If those trends continue I’m thinking and actually hopeful that the market dictates something higher value with more employment for this location in the future. It’s my opinion that box retail would be a waste of important real estate in the middle of our breadbasket commercial corridor. The site also doesn’t really lend itself to strip or box retail because the buildings would be hidden by the topography. These types of retailers want maximum visibility from main roadways.

How it could be developed: Right now because of prior approvals this is a turnkey project for previously approved box and strip retail. The township would only review building permits. The footprint for the previously proposed Home Depot was over 100k sf. Other outparcels range from between 2000 and 20,000 sf.

3.) Corner of Brookside and Lower Mac Rd.
Overview: This 16-acre site is zoned for mixed use development.
It’s owned by the same family who sold the Weiner farm to the township for preservation. This tract was not included in that deal, so it will be developed. It was rezoned in an effort to preserve the character of nearby East Texas one of the oldest residential areas of the township. Note it’s small size compared to the 190-acre farmland tract that was preserved. 

My thoughts: This property will be developed. Likely within the next few years. The family preserved the nearly 200-acre tract they owned down the street which could have been developed with 300+ homes. This was the townships #1 concern. And we’re thankful to them for working with us to preserve it. It’s clear they desire to cash out on this smaller property which is their right as landowners. And from my perspective this one makes alot more sense to develop than the farmland piece that was preserved. The family has worked with us to submit a sketch plan that represents a shared vision for a low impact development compared to what they have asked for in the past.

This sketch plan was favorably reviewed by the planning commission for this site. It includes neighborhood scale commercial and high quality townhomes.

How it could be developed: In the past the owners have tried to develop things like a very large supermarket and box retail. Two things our planners felt are far too intense for this corner.

This article has an excellent overview of the history of the site and also includes an overview of the current village ordinance in place. The sketch plan which was favorably reviewed by the planning commission includes smaller scale neighborhood commercial and very high quality town homes. The ordinance for the property requires things like intense landscaping, boulevard streets, walkability and high quality design. This model ordinance overviews the concept and includes many examples of what the goal is. 

4.) “Faith Church Property” (Brookside and Lower Macungie Rd.)
Overview:
When folks ask about this property they are generally referring to what’s actually 3 properties. Two are owned by Faith Church. A 3rd by another private landowner. They total about 50 acres altogether of developable land in the Suburban zone. This means single family homes can be developed. This property was originally slated to be an expansion of Faith Church. This is why the frontage has been improved with a “driveway to nowhere”. At some point the Church decided not to carry out those plans. Today, they are interested in selling the land and are actively marketing it. It needs to be noted this land is severely constrained with a combination of powerlines and floodplain. Much of the 50-acres isn’t developable. I want to note also, Faith Church is a wonderful community partner. They have a fiduciary responsibility to their congregation but they also are very much aware of the townships land use goals. We have met with them on numerous occasions.

This photo shows the property lines. The “Faith Church” property is actually 3 parcels. 2 are owned by the Church. The 3rd another private party. They are on the corner of Brookside and Lower Mac Rd. (on the Italiano Delite side)

My thoughts: This property is not on the township official map and therefore not a formal prospect for preservation. However, this could change now that the #1 and #2 priorities have been preserved. This property simply wasn’t as important (due to a combination of factors) to preserve as other much larger properties. Again, this mindset could change. And I want to again point out that Faith Church is a wonderful community partner. As staff continues to have discussions with them opportunities to preserve this might materialize. I support exploring any options out there. 

How this property could be developed: Note again, that the development potential is limited because of the river and the powerlines. The property is currently being marketed. However, I believe the price tag is very high for what could actually be built by right. Single family homes could be built here but the number would be pretty low due to the constraints and the townships mentality regarding taking more infrastructure and requirements for open space. There have also been some ideas floated for an end user that would be very community beneficial in the category of private recreation. This is something I would certainly support.

Leonard Pools Legacy

Good article in the Morning Call over the weekend. Lehigh Valley Hospital charitable giving questioned. In light of this I wanted to write again about the Farr Tract. Here were my initial thoughts

In the article LVHN CEO Brian Nester talks about the legacy of Leonard Pool. Pool of course was the founder of Air Products and provided the initial funding for LVHN’s flagship LVH-Cedar Crest campus.

Of Pools many legacies one is that of environmental stewardship. At the center of which is the 77.5-acre Pool Wildlife Sanctuary. Pool, bequeathed the sanctuary to Wildlands Conservancy in 1975.

Today, Mr. Pool’s ideals live on. You would think in light of his legacy of giving back to the community that he would be concerned with the manner LVHN is seemingly ignoring a very fair offer from the Wildlands Conservancy. One can only guess that LVHN’s submittal of a very impactful “shoe horn” development plan on such a constrained piece of land is an effort to drive up price.

I hope that at some point our community-oriented hospital network decides to get out of the land development business, hear township concerns and reconsider the offer to preserve this land.

This would still allow substantial benefit to be recognized by the network, do no harm to it’s neighbors and honor Mr. Pools legacy in his vision for the Pool Wildlife Sanctuary. 

 

Farr Tract

Lehigh Valley Hospital, a property trustee, submitted a by right preliminary plan for 94 single homes on a 54 acre property at 2660 S. Cedar Crest Blvd. & Lower Macungie Rd.

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What this means: A by-right plan means the submittal is conceptually allowed under the current zoning ordinance. It may however, still need waivers or variances. Variances are granted through the Zoning Hearing Board. Waivers through the Board of Commissioners. Only after a thorough review from staff will we know what would be required.

The plan had a first public vetting at the planning commission on Tuesday. The township engineer presented a 20 page review letter of concerns and comments.

My primary concern with the project is unit count. While there are appropriate locations for Urban density in the township, I don’t believe this is one. The access problems are obvious and present safety issues. Further, Cedar Crest Blvd is an identified PennDOT congested corridor. It’s compounded since the corridor is a freight route. I realize the LVPC regional comprehensive plan identifies this area as U. Problem is our township has (unfortunately) changed significantly and deviated from the plan since it’s adoption. Planning only works if you stick to it. In 2010 our township deviated so significantly that the plans are no longer valid relating to us. The township is currently working with partners to address this problem by updating our local Southwest Regional Comprehensive Plan.

At the meeting there were some astute comments by township resident and former Commissioner Deana Zosky representing a group of concerned residents that I wanted to react to. Responding to residents is our first priority.

  • Preservation option? First, it’s been discussed that there is a group interested in buying the property at market value for preservation. Obviously and for a number of reasons that’s an outcome the township would prefer. I base that off adopted visioning documents that state the townships desire for preservation of open space and farmland.

 

  • Downzoning? There has also been a request to downzone the property. Generally speaking for myself that is not an ideal strategy. I have fundamental issues with “takings”. A downzone is a taking. I believe in market preservation. Preservation by zoning is also flawed in that it is not permanent. A conservation easement (market preservation, compensating landowners) is.

 

  • Large lot option? It’s was also suggested at the public meeting (Though the twp. hasn’t been formally engaged) that alternative development plans would be preferred by neighbors. Perhaps a large estate lot plan that would would significantly reduce the unit count and impacts and maintain large amounts of open space. Personally, I’d love to learn more if this is a viable option. It would also be preferable to a shoe horn build out. Again for a number of obvious reasons. It would also be preferred to a maxed out by right plan.

These thoughts are a combination of resident concerns and sentiments reflected in both adopted and draft township strategies. The township has prioritized open space preservation. A strong dollars and cents case can be made here for up front investment to preserve if the opportunity was raised. I would entertain all ideas for the township to participate in preservation or work together to outline a more desirable estate plan with significant open space.

I hope the stakeholders here would consider engaging the township on alternate and more community friendly options that might be on or off the table. I understand they may want to cash out. But if there are market offers I would hope the stakeholders consider community impact. As it stands this project has many issues as documented by the townships extensive review letter. 

 

Lower Macungie Agenda Preview – 2/19

FYI –  In these previews I may indicate thoughts on an issue, but it in no way means my mind is set. During a critical hearing for the Jaindl issue, a Commissioner spoke before public comment outlining he was voting to move forward the project regardless of what people said during public comment. That was wrong. Public debate was circumvented when the Commissioner indicated his mind was made up.

My hope is by blogging I open the door for conversations before issues are settled. One of my biggest issues with the Jaindl debacle was folks didn’t truly understand what was happening until it was “too late”. This is one mechanism to avoid that. I hope people find it useful. 

Hearings:
Farr Tract Rezoning Request:
This property located at Lower Macungie Rd. and Cedar Crest Rd. is currently zoned S Suburban. The applicant is seeking a text amendment to allow restricted over 55 as a condition. The developers have submitted a sketch plan that calls for 142 homes on 54 acres at the northwest corner of Cedar Crest and Lower Macungie Road.

Both the Planning and Zoning Committee (PZ) and Planning Commission (see letter below) have recommended rejecting this request. I sit on the PZ. My views reflect that of the planning commission on this issue. 

Screen Shot 2015-02-19 at 1.47.01 PMCommunication
Resident Donald Richards writes asking for an ordinance to control distribution of free newspapers like the merchandiser. This is something we’ve talked about recently. The problem is when people are away these papers stack up as a tell-tale sign the house is empty. Also in the winter the papers often get buried under snow… then when you go through with a blower it jams up the intake. These are just a couple of examples on why we should take a look at this issue see what we can do. Maybe evaluate what other communities do.

Dept. Matters
Approving the Southwestern Lehigh County Plan Inter-municipal agreement. I support this. 
The plan is a non-binding document created 7 years ago in a joint effort by Emmaus, Alburtis, Macungie, Upper Milford & Lower Macungie.

This original Plan was funded by grants. The Comprehensive Plan is intended to establish overall policies for the development and conservation of the Southwestern Lehigh County Region over the next 15 years. This Plan is not by itself a regulation, but is intended to provide the policy direction for changes to the municipalities’ development regulations.

Recently there has been consensus to update the plan. This was largely necessitated because Lower Macungie has significantly deviated from the plan.  The biggest example of course was the Jaindl development debacle and rezoning of 700 acres of ag protected land to Industrial, Strip Commercial and Residential.

Manager Report:
The manager will be requesting moving forward Quarry Park Synthetic Field Turf Project and NPDES permitting. I voted against inserting this project into the budget and have been vocal in opposition. More information here. I think it’s important to to invest in our parks but I don’t believe this is the most cost effective way to do it.

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