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Home My WebLink AboutOrdinance No 1048 F"....................."....' . .... ... Franklin County Planning Commission Administrative Annex 218 North Second Street Chambersburg, PA 17201-1642 Phone: 717-261-3855 Fax: 717-264-8667 TDD: 717-264-8474 E-Mail planning@co.franklin.pa.us June 5, 2006 Borough of Waynesboro Attn: Lloyd R. Hamberger, II 57 East Main St Waynesboro, Pa 17268 Subject: Proposed Amendment to Zoning Ordinance No 1048 Dear Mr. Hamberger The Franklin County Planning Commission Staff has reviewed your proposed Ordinance No. 1048. We do not agree with the proposed zoning change referenced in the proposed ordinance from Medium Density Residential to General Commercial. The request appears to be spot zomng. If you have any questions or require further assistance please feel free to call me. Sincer. @f~- Dani 1 Wolfe Franklin County Planner ~ a~esboro Planning Commission Waynesboro Borough Council F.. ) .,> . ........ j Franklin County Planning Commission Administrative Annex 218 North Second Street Chambersburg, PA 17201-1642 Phone: 717-261-3855 Fax: 717-264-8667 TDD: 717-264-8474 E-Mail planning@co.franklin.pa.u8 June 1,2006 JJ Borough of Waynesboro Attn: Lloyd R. Hamberger, II 57 East Main St Waynesboro, Pa 17268 Subject: Proposed Amendment to Zoning Ordinance No 1048 ,nNl Dear Mr. Hamberger ~\ \"'V The Franklin County Planning Commission Staff has reviewed your proposed Ordinance No. 1048. We do not feel it is necessary to change the zoning referenced in the proposed ordinance from Medium Density Residential to General Commercial. The area surrounding Grandview Ave and N Grant St was designed as a residential district. There are currently many suitable General Commercial area's in Waynesboro. If you have any questions or require further assistance please feel free to call me. Slncerel~ ~Jf~ Franklin County Planner cSa.,~ ~ ..:::x -s c:::.. 2.- .......,.., ...s-- ~ ~ :i;;> \" ... ... ~ ->d"" ~ b ...,:) c:-S> 0<, .. Cc: Waynesboro Planning Commission Waynesboro Borough Council ~ ..).b >t""'-"n? ~ QGI11 ORDINANCE NO.1 048 AN ORDINANCE OF THE BOROUGH OF WAYNESBORO, FRANKLIN COUNTY, PENNSYLVANIA, AMENDING OFFICIAL ZONING MAP OF THE BOROUGH OF WAYNESBORO AS PROVIDED IN ORDINANCE NO. 937 BY CHANGING THE ZONING OF A CERTAIN AREA FROM MEDIUM DENSITY RESIDENTIAL, RM, TO GENERAL COMMERCIAUOFFICE, GC. SECTION I: Be enacted and ordained by the Borough Council of the Borough of Waynesboro, and it is hereby enacted and ordained by the authority of the same that the official zoning map of the Borough of Waynesboro as provided for in Ordinance No. 937 is amended in manner following; The zoning of the section bounded and described as follows: BEGINNING at a point at the intersection of North Grant Street, also known as Pennsylvania Route 316, and Grandview Avenue as shown on the hereinafter survey; thence along Grandview Avenue (to be abandoned), South 520 53' 00" East, 150.00 feet to an existing concrete monument; thence along lands now or formerly of the Borough of Waynesboro, South 210 48' 37" West, 119.70 feet to an existing iron pin; thence along lands now or formerly of John S. Deross, North 620 14' 43" West, 140.62 feet to a point; thence along North Grant Street, along a curve bearing to the left, with a radius of 830.37 feet, an arc length of 144.99 feet, with said chord bearing North 190 54' 18" East, with a chord length of 144.81 feet to a point being the point and place of BEGINNING. CONTAINING 18,439.30 square feet pursuant to the Final Land Development Plan for Frick Credit Union dated April 14, 2006, prepared by All Land Services, Inc. and to be recorded in the Office of the Register and Recorder of Deeds of Franklin County, Pennsylvania. BEING a part of the same real estate which Orrstown Bank by deed dated May 15, 2006 and recorded on May 16, 2006 in the Office of the Register and Recorder of Deeds of Franklin County, Pennsylvania, in Deed Book 3137 at Page 333 granted and conveyed unto Ronald B. Martin and Mary B. Martin, the GRANTORS herein. SECTION II: The official zoning map shall be changed to reflect the change in zoning as set forth in Section I without delay and an entry in accordance with the provisions of Article I, Section 1-1-1.3 of Ordinance No. 937 shall be made on the official map and signed by the President of the Borough Council and attested by the Borough Secretary. The change shall not become effective until it has been duly entered upon the Official Zoning Map. u..-a . N0l1d~:)830 ~ I i~.1 i 1~~ ~ I ~ jft "~ I ~ ,j. = ~ ,~, ~ ~ Ij;, l ~ )" l~ i ___JL ~ ~ o . II . 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'-... :::'" 1/ /'?f*'#l'-;/ / ~ -'<.::..:;--,< .... "'" ,f .,-;. / / I -, ~.,.,.,.,. / ~/;// /1 I ~II "'" 1 / 1'// ~I 1 "'-;'<:' / / 1 / S / 7Z ',.,j / ~ 1 -/ i I I .~~~'J~ /~ ' ~" ~/J'/lr I a ~ ~/. . 1!:y--.. d c: / I' 'I' "- / If/ I /' / / /" /- / / /0" C'{} ;' / if ..L----/ / J' / 'I ,- .,' / /!If;/ / - ~ j//~ '! .~--..<~ ,ot...~ YINV^1I.INNiol .uNno~ N,')4NWl OWlliNAYM ~o HonOV:OI JO'f'cl 1I~ I "1 ' ~~ I'.':> '/.,,'>' ,~',~~' ~~\", to i~ !\'! 0 ,~, ,,,,' ',', O'N .1 ~'.:i'" !: ~ ~~ III ,~v / ,::;;t, .~ 'l' ~'iij~ ~~ Iii I Hi I, / 1 ~3'~~ , ~~', ....... >, !~ "....... :U 1- , "- / 1 / ~ / ~/ '-"'; / 1 / h 1 !- 1 ~ / 1 ~ / ~ / g / IE I ::i; .. ... ~. ", ". '- ". I ! I o ~ gl ~ ; i II II 'I II II II II Ii I H Iii !~ . 'I IIi 'I . Iii I, I~ d I\mm i\\1 !\!~ Kornfield Benchoff, LLP and Attorneys At Law 17 North Church Street Waynesboro, PA 17268 Phone: 717-762-8222 Donald L. Kornfield, Esq. Fax: 717-762-6544 Andrew J. Benchoff, Esq. don@kornfield.net andrew@kornfield.net Kimberly S. Runshaw Paralegal Memorandum of Law To: Melissa Dively, Esq., Solicitor Borough of Waynesboro From: Andrew J. Benchoff, Esq. Date: July 24, 2006 Issue: Whether an approved rezoning of the Grant Street property from RM to GC by the Borough of Waynesboro is spot zoning >= SUGGESTED ANSWER: No. Facts and Procedural History : On April 25, 2006 Ronald B. Martin as the contract purchaser of 405 North Grant Street (the A Grant Street property) filed a petition for rezoning the Grant Street property and a 15 foot unopened @ alley adjacent thereto all located within the Borough of Waynesboro (the Borough) from RM A@ (medium density residential) to GC (general commercial/office district). The petition alleged that the Grant Street property was zoned RM but that the property has for many years been the site of a convenience store, a commercial use. The petition also alleged that Mr. Martin desired to construct a bank or other financial institution on the property. Of relevance is that the Grant Street property is adjoined on the north by property located in Washington Township (the Township) owned by Waynesboro Design Partnership, which is zoning A@ C (commercial) pursuant to the Washington Township Zoning Ordinance. The Grant Street property is adjoined on the south by property owned now or formerly by John S. Deross, which is zoned RM but which is the only residential use on any of the adjoining properties. Finally, the Grant Street property is adjoined on the east by property located in the Borough and owned by the Borough, which is zoned RM but which is used as a commercial recreation area and includes Northside Poola B use of right in the GC zone pursuant to the Boroughs Zoning Ordinance # 937, Article V, Section = 24(A)(14). Based on the commercial nature of Northside Pool we believe that the use may be in violation of the Boroughs own Zoning Ordinance unless there is a variance for the use or it is a = nonconforming use. In addition, the area of the community in which the Grant Street property is located is at the intersection of Pa. Route 316 (a major thoroughfare for traffic entering and leaving the Borough) and Orchard Road and also includes real estate where a convenience store, Grant Street Express, Inc., is located in a C zone of the Township and the National Guard Armory, which like Northside Pool is in an RM zone of the Borough, but which is not used for residential purposes and was previously zoned C as of the Boroughs Comprehensive Plan in 1977. = Finally, the Grant Street property was zoned GC, general commercial/office, per the 1977 Official Zoning Map and the October 27, 1988 Official Zoning Map. It appears that the Grant Street property was zoned GC until 1991 when the current Zoning Ordinance was adopted. On May 15, 2006 Ronald B. Martin and Mary B. Martin took title to the Grant Street property by deed recorded in the Franklin County Recorder of Deeds Office at Deed Book Volume 3137, Page 333. On May 18, 2006, counsel for Mr. Martin sent a letter to Lloyd Hamberger requesting that the rezoning request be placed on the agenda for the June 7, 2006 Borough Council meeting. The rezoning request was on the agenda for the Planning Commission meetings on June 12, 2006 and July 17, 2006. At the July 17, 2006 Planning Commission meeting the Commission advised Mr. Martin that the Franklin County Planning Commission upon review of the request for rezoning commented that the rezoning request, if granted, may or would be spot zoning. >= Discussion : Municipalities derive their zoning power from the Municipalities Planning Code (the MPC), A@ 53 P.S. 10101 et seq. Pursuant to 53 P.S. 10601 the governing body of each municipality, in '' accordance with the conditions and procedures set forth in the MPC, may enact, amend and repeal zoning ordinances to implement comprehensive plans and to accomplish any of the purposes of the MPC. As regulations grounded in the delegated police power, zoning must accomplish, as Mr. Justice Holmes explained in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415, 67 L. Ed. 322, 43 S. Ct. 158 (1922) an average reciprocity of advantage by which all property owners in a designated A@A area are placed under the same restrictions, not only for the benefit of the municipality as a whole but also for the common benefit of one another. United Artists Theater Circuit, Inc. v. City of @ Philadelphia, Philadelphia Historical Commission, 528 Pa. 12, 595 A.2d 6, 13 (Pa. 1991). Spot zoning challenges have at their conceptual core the principle that lawful zoning must be directed toward the community as a whole, concerned with the public interest generally, and justified by a balancing of community costs and benefits. In Re: Realen Valley Forge Greenes Associates, 838 A.2d 718, 576 Pa. 115, (Sup. 2003). These considerations have been summarized as requiring that zoning be in conformance with a comprehensive plan for the growth and development of the community. Id. Spot zoning is the antithesis of lawful zoning in this sense. In spot zoning, the legislative focus narrows to a single property and the costs and benefits to be balanced are those of particular property owners. Id. The Supreme Court in Schubach et al. v. Silver et al., 461 Pa. 366, 336 A.2d 328 (1975), the Court in Schubach I set out perhaps the best all encompassing definition of spot zoning in the following manner: It is well-settled that an ordinance cannot create an island of more or less restricted >A@ use within a district zoned for a different use or uses, where there are no differentiating relevant factors between the island and the district . . . . Thus, A@ singling out of one lot or a small area for different treatment from that accorded to similar surrounding land indistinguishable from it in character, for the economic benefit of the owner of that lot or to his economic detriment, is invalid spot zoning. A@= 8 McQuillin, Municipal Corporations, 25.83, at 224-25 (3d ed. 1965). Accord, ' e.g., Mulac Appeal, 418 Pa. 207, 210 A.2d 275 (1965). See Schubach v. Zoning Board of Adjustment, 440 Pa. 249, 253-54, 270 A.2d 397, 399 (1970). In the instant case, permitting the rezoning request of the Grant Street property would be in keeping with the surrounding zoning, property uses and the comprehensive plan and would not be spot zoning or create an island. >=>= Dan Wolfe - Fwd: North Grant Street property rezoning request 1 From: Phil Tarquino To:Dan Wolfe; Rochelle Barvinchack; Sherri Clayton Date: 8/2/2006 10:16 am Subject: Fwd: North Grant Street property rezoning request Any comments? This will be on the FCPC's agenda. >>> "Andrew Benchoff" <Andrew@kornfield.net> 07/25/06 9:58 AM >>> Dear Mr. Tarquino: As we discussed during our telephone conversation, attached please find a Memorandum of Law that we sent to Melissa Dively, Esq., the Solicitor for the Borough of Waynesboro, and copied to Lloyd Hamburger, Borough Manager, for distribution to Borough Council regarding 'spot zoning'. I included the Memorandum of Law in .wpd and .doc format. Both documents are substantively the same. Hopefully you can open at least one of the documents. If not, please advise and I can fax or mail you a copy of the Memorandum of Law. We would respectfully request that the Franklin County Planning Commission consider this Memorandum of Law and, if you deem it appropriate, revise or supplement your previous recommendation to Borough Council that granting the rezoning request may be 'spot zoning'. Thank you for your consideration in this matter. Please let me know if you have any questions or comments. Ronnie: During my conversation with Mr. Tarquino he asked me when the convenient store closed. Could you please let him know, based on your recollection, when the convenient store closed? Thanks again, AJ Andrew J. Benchoff, Esq. Kornfield & Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 (717) 762-6544 FAX andrew@kornfield.net <<SpotZoningMemorandumwNorthsidePoolallegation.wpd>> <<SpotZoningMemorandumwNorthsidePoolallegation.doc>> ORDINANCE NO. 1048 AN ORDINANCE OF THE BOROUGH OF WAYNESBORO, FRANKLIN COUNTY, PENNSYLVANIA, AMENDING OFFICIAL ZONING MAP OF THE BOROUGH OF WAYNESBORO AS PROVIDED IN ORDINANCE NO. 937 BY CHANGING THE ZONING OF A CERTAIN AREA FROM MEDIUM DENSITY RESIDENTIAL, RM, TO GENERAL COMMERCIAUOFFICE, GC. SECTION I: Be enacted and ordained by the Borough Council of the Borough of Waynesboro, and it is hereby enacted and ordained by the authority of the same that the official zoning map of the Borough of Waynesboro as provided for in Ordinance No. 937 is amended in manner following; The zoning of the section bounded and described as follows: BEGINNING at a point at the intersection of North Grant Street, also known as Pennsylvania Route 316, and Grandview Avenue as shown on the hereinafter survey; thence along Grandview Avenue (to be abandoned), South 520 53' 00" East, 150.00 feet to an existing concrete monument; thence along lands now or formerly of the Borough of Waynesboro, South 210 48' 37" West, 119.70 feet to an existing iron pin; thence along lands now or formerly of John S. Deross, North 620 14' 43" West, 140.62 feet to a point; thence along North Grant Street, along a curve bearing to the left, with a radius of 830.37 feet, an arc length of 144.99 feet, with said chord bearing North 190 54' 18" East, with a chord length of 144.81 feet to a point being the point and place of BEGINNING. CONTAINING 18,439.30 square feet pursuant to the Final Land Development Plan for Frick Credit Union dated April 14, 2006, prepared by All Land Services, Inc. and to be recorded in the Office of the Register and Recorder of Deeds of Franklin County, Pennsylvania. BEING a part of the same real estate which Orrstown Bank by deed dated May 15, 2006 and recorded on May 16, 2006 in the Office of the Register and Recorder of Deeds of Franklin County, Pennsylvania, in Deed Book 3137 at Page 333 granted and conveyed unto Ronald B. Martin and Mary B. Martin, the GRANTORS herein. SECTION II: The official zoning map shall be changed to reflect the change in zoning as set forth in Section I without delay and an entry in accordance with the provisions of Article I, Section 1-1-1.3 of Ordinance No. 937 shall be made on the official map and signed by the President of the Borough Council and attested by the Borough Secretary. The change shall not become effective until it has been duly entered upon the Official Zoning Map. SECTION III: If any section, clause or part of Ordinance No. 937 as amended is for any reason held to be unconstitutional or otherwise invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION IV: This Ordinance amending Ordinance No. 937 by amending the official zoning map shall become effective upon adoption; said official zoning map having been changed and the entry duly noted thereon on AUj ~t a3 ,2006. - Enacted and ordained into an Ordinance this ~ day of .~u01 , 2006. Attest: // //y__ ~~ Secretary to Borough Council Approved this lib/"1 day of 4ctJvSJ , 2006. ~~/ Mayor ~ Salzmann Hughes, P.C. Borough Solicitor I hereby certify the foregoing to be a true and accurate copy of Ordinance No. 1048, adopted by Waynesboro Borough Council on August 16, 2006. ~/~-- ~ LU~. -;::berger, II Borough Secretary