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Petition to Amend the Upper Uwchlan Township Zoning Ordinance - Adding Active Adult Communities as a Permitted Use


BEFORE THE UPPER UWCHLAN TOWNSHIP BOARD OF SUPERVISORS


 CHESTER COUNTY, PENNSYLVANIA

 IN RE: Application of McKee-Milford Associates LP to Amend the Upper Uwchlan Township Zoning Ordinance

 PETITION TO AMEND THE UPPER UWCHLAN TOWNSHIP ZONING ORDINANCE
 

Petitioner, McKee-Milford Associates LP, by and through its counsel, Riley Riper Hollin & Colagreco, hereby petitions the Board of Supervisors of Upper Uwchlan Township to amend the Flexible/Open Space Development Option regulations of the Upper Uwchlan Township Zoning Ordinance, as amended ("Zoning Ordinance"), to provide for Active Adult Community as a permitted use in the F-1 Flexible Development Overlay District, and in support thereof avers as follows:

McKee-Milford Associates LP ("Applicant") is the equitable owner of the parcel of land located in Upper Uwchlan Township ("Township") located north of the Pennsylvania Tumpike and east of Milford Road and identified by Chester County Tax Parcel No. 32-3-16 ("Property"). Robert W. Fetters, Jr. and Patricia A. Fetters are the legal owners of the Property.

The Property is currently located in the R-2 Residential District and the F-1 Flexible Development Overlay District pursuant to the Zoning Ordinance and the Upper Uwchlan Township Zoning Map ("Zoning Map").

Petitioner has filed this Petition to amend the Flexible/Open Space Development Option regulations of the Zoning Ordinance to provide for Active Adult Community as a permitted use in the F-1 Flexible Development Overlay District and to provide for permissible density and bonus density regulations applicable to Active Adult Community in the F-1 Flexible Development Overlay District.

Active Adult Community is not a use currently provided for in the Zoning Ordinance.

The requested amendment to the Flexible/Open Space Development Option regulations is consistent with the purpose of those regulations as set forth in Section 200-72.A of the Zoning Ordinance for the following reasons:

a.            The proposed amendment is consistent with the purpose of providing "an opportunity for flexibility in lot designs and building arrangement not afforded by conventional lot-by-lot development"(§ 200-72.A.(1));

b.            The proposed amendment is consistent with the purpose of providing "for a more varied, innovative, and efficient development pattern" (§ 200-72.A.(2)); and

c.             The proposed bonus density regulations are linked to implementation of public sewage disposal system improvements, which is consistent with the purpose of enabling "efficient and Gost-effective provision of community facilities, including. sewer and water services"  (§  200-72.A.(7)).

The Property is designated as Suburban/Site Responsive in the Future Land Use Map (Map 3) of the 2014 Upper Uwchlan Township Comprehensive Plan ("Plan").

The requested amendment to the Flexible/Open Space Development Option regulations is consistent with the Property's Suburban/Site Responsive designation for the following reasons:

a.            The proposed bonus density regulations are linked to implementation of public sewage disposal system improvements as recommended by the Plan for properties categorized as Suburban/Site Responsive (Plan, pp. 149);

b.            The Plan recommends for properties designated as Suburban/Site Responsive that net densities within any given development "be allowed to vary in response to market forces and the particular characteristics of the  site and its surroundings" (Plan, pp. 149); and

c.             The Plan's goals for properties .categorized as Suburban/Site Responsive include encouraging "development of a variety of dwelling unit types" including "retirement units" (Plan, pp. 149).

The requested amendment gives "consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature" of the Property. 53 P.S. §  10603(a).

Accordingly, Applicant requests that the Township Board of -supervisors amend the Flexible/Open Space Development Option regulations of the Zoning Ordinance to provide for Active Adult Community as a permitted use in the F-1 Flexible Development Overlay District and to provide for permissible density and bonus density regulations applicable to Active Adult Community in accordance with a proposed text amendment included herewith as Exhibit "A".

WHEREFORE, Applicant, McKee-Milford Associates LP, hereby requests that the Upper Uwchlan Township Board of Supervisors amend the Upper Uwchaln Township Zoning Ordinance to provide for Active Adult Community as a permitted use in the F-1 Flexible Development Overlay District.

Petition to Amend the Upper Uwchlan Township Zoning Ordinance June 1, 2016

Revised Ordinance - July 1, 2016

Township Zoning Map



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