Vince Donahue

Chester County Planning Commission Comments Reflect the Views of Many Tredyffrin Residents … Will the Board of Supervisors Listen

As follow-up to my Community Matters post of July 20,Tredyffrin’s Proposed C1 Zoning Amendment Change … Where do we go from here’, here’s the latest installment in the continuing saga of the proposed C-1 zoning ordinance change to permit assisted living facilities. Although the proposed C-1 zoning ordinance change would permit assisted living as a ‘by-right’ use for all C-1 township properties, the focus is on the 1-acre Jimmy Duffy property on Lancaster Ave in Daylesford.

Tredyffrin Township’s proposed C-1 zoning ordinance amendment (below),

“A residential care facility for older persons providing permanent residential accommodations and/or assisted living facilities/services (and supplemental services) as defined in the applicable Pennsylvania state statutes, rules and regulations along with support services, which may include, but not limited to: personal care and health care services, medical services, skilled nursing, community facilities, and congregate dining facilities; provided that the property shall have direct access to an arterial street.”

was sent to the Chester County Planning Commission for review on July 5 and this past week Tredyffrin’s Board of Supervisors and Planning Commission received their comments/remarks. (Click here to read the CCPC response).

Although we were told that is procedurally OK that the township sent the proposed zoning ordinance amendment to Chester County Planning Commission, it struck some of the residents (myself included) rather pre-emptive to ask for comments from the county in advance of our own Planning Commission giving their ‘thumbs-up or thumbs-down’ on the amendment.  As many Daylesford neighbors and other township residents have repeatedly commented, the proposed zoning ordinance amendment needs restrictions/requirements attached to it.

Reading the comments on Tredyffrin’s proposed C-1 zoning amendment change, it is apparent that the Chester County Planning Commission echos concerns of many township residents.  The official response from the county, offered the following comments in regards to the proposed C-1 zoning amendment change:

  1. The proposed zoning amendment does not appear to be consistent with the Township’s land use policies as currently written.
  2. The proposed zoning amendment does not appear to be consistent with the goals and objectives specified on page 67 of Tredyffrin’s Comprehensive plan.
  3. The proposed zoning amendment does not appear to be consistent with the purpose statement of the C-1 Commercial District, which, according to Section 208-64, is “designed to encourage and provide for attractive, company, retail convenience-type commercial development in locations close to the residents served”.
  4. Residential care facilities are currently permitted by conditional use in the IO Institutional Overlay District with specified bulk, height and buffer regulations.
  5. Other Chester County municipalities address assisted living facilities utilizing conditional use in medium to high-density residential or institutional zoning areas.
  6. Assisted living facilities are not found in any other Chester County Commercial zoning districts.

If I did not know better, it would seem as if the Chester County Planning Commission were audience members at Tredyffrin’s supervisor and Planning Commission meetings.  Every one of the points that the Chester County Planning Commission presented in their review of the township’s proposed C-1 ordinance amendment have been made repeatedly during the last several months by  township residents.

The Chester County Planning Commission summarizes their remarks by stating, “Tredyffrin Township should consider the comments contained in this review before taking action on the proposed zoning ordinance amendment.”  Well, … by their comments, it appears to me that Chester County Planning Commission is suggesting that assisted living facilities should not be in Tredyffrin’s C-1 zoning districts.  My understanding of their comments appears to suggest that clarity is needed from the township with respect to restrictions and regulations.

Here’s an interesting point to consider – although the Chester County Planning Commission looks to be in complete agreement with many of the township residents opposing the proposed C-1 zoning ordinance amendment change, their opinion will not decide the matter.  Members of Tredyffrin’s Planning Commission, and ultimately the Board of Supervisors, will have the final say on whether assisted living facilities become a ‘by-right use’  in all C-1 zoning districts.  Should the supervisors approve this proposed zoning ordinance amendment change, they will also decide whether to add any restrictions to the ordinance, such as bed density, height, buffer requirements, etc.

Although not a legal requirement for our Planning Commissioners or supervisors to give any credence to Chester County’s recommendations on the proposed C-1 zoning amendment change, I would hope that they seriously consider these comments in advance of the next Planning Commission meeting on August 16.

Ed Morris, the developer eyeing the Jimmy Duffy site for an assisted living facility, will need the C-1 zoning amendment change to move forward.  It was Denise Yarnoff, Morris’ attorney, who wrote the township’s proposed amendment change.  We learned at the last Planning Commission meeting that the applicant’s attorney agreed to add restrictions to the proposed amendment and re-submit for the August Planning Commission meeting.  We have been told that there is nothing wrong with the applicant’s attorney writing the proposed amendment but where does it end?  After Yarnoff created the draft amendment, I think it needs to be the responsibility of our Planning Commissioners and/or township staff to add any additional requirements or restrictions.  I am troubled that the re-write of Tredyffrin Township’s proposed zoning ordinance amendment is in the hands of the applicant’s attorney … just doesn’t feel right to me.

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