#NewtownPA LI/O-LI Overlay Ordinance Problems

Newtown Township supervisors considered enacting an amendment to the Joint Municipal Zoning Ordinance (JMZO) to establish an LI/O-LI “Overlay District” at the 12 June 2024 Board of Supervisors (BOS) meeting. However, after a lively “discussion,” it was decided to table the decision until the next BOS meeting on 10 July 2024. Listen to/view the “discussion” on Youtube: https://rebrand.ly/kdt3u9d

Overlay Zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone.

A Bit of History

At the February 16, 2021, Newtown Board of Supervisors Work Session, Supervisors discussed an Economic Development Committee memo that proposed zoning changes for the LI (Light Industrial) and O-LI (Office-Light Industrial) districts in Newtown Township. The ultimate goal was to attract new, high-paying businesses to the area. Listen to the discussion:

Mack's Newtown Voice · Newtown Supervisors Discuss Ideas for Revitalization of LI & O-LI Districts

On September 20, 2022, Jeremy Stoff and Lisa Wolf of the Bucks County Planning Commission (BCPC) presented their concept of an LI/O-LI district overlay plan to the Newtown Township Planning Commission (PC) [read “#NewtownPA Planning Commission Reviews LI/O-LI District Overlay Concept Developed By The BCPC”].

At the April 26, 2023, BOS meeting, PC Chair, Peggy Driscoll told supervisors “when we first started reviewing this, our goal was to retrofit or refill existing buildings. I don't think new construction was really at the top of the list,” she said. “I think our main goal is to revitalize the Commons and add some uses for the workers that are there to kind of create an area where they don't have to leave the Commons.”

Obviously, a lot has happened to change the focus of the Overlay, which now includes uses that are beyond what was originally intended, including multi-story mixed use apartments/high density housing and drive through restaurants. Find the FINAL version of JMZO LI/O-LI Overlay Ordinance here...

New Uses

This ordinance includes new uses that were not originally considered including the following APARTMENT uses BY RIGHT, which means that the BOS has limited ability to prevent this type of development, which seems popular these days:

• Mixed-Use Development, use J-1 (read, for example, “Challenging Traditional ‘Euclidian Zoning’ As It Applies to Newtown Township”)
• Town Center Apartments, use B-20 (read, for example, “Corners at Newtown Apartment Plan Raises Concerns Among #NewtownPA Planners”)

[NOTE: Back on October 17, 2023, a Planning Commission synopsis, which was presented to the BOS at its October 25, 2023, meeting, stated: “The new draft lists the two proposed residential uses, mixed use development and Town Center Apartments as by-right uses. The Commission feels that as this is a completely new use we would like the Township to have the extra layer of control that ‘conditional use’ would add.”]

Residential Density

The Business Commons Overlay plan developed by BCPC talks about Residential Density: “For all parcels within the Commons Overlay District, the density of residential dwelling units shall not exceed 20 units per acre of base site area, calculated over the entire tract acreage exclusive of the area of ultimate street rights-of-way,” says BCPC’s plan.

Meanwhile, BCPC’s review of the Corners at Newtown apartment complex, expressed concerns for its 20 housing units per acre density – a major “sticking point” expressed by several PC members. Regarding this plan, BCPC said: “We note that the nearby R-2 Residential 1-High Density District southwest of the TC District permits a maximum density of 3.90 dwelling units per acre which is currently the highest permitted density in the township...Township officials should determine if the proposed amendment to allow high density residential uses in the TC is appropriate from a planning and land use standpoint” (read the BCPC BET Plan review).

It seems to me that the BCPC is not being consistent regarding high density residential use – what’s not “appropriate” for the TC district should also not be “appropriate” for the Commons Overlay District.

PC Chair Peggy Driscoll repeatedly expressed concerns about the housing density and said to Supervisors: "These developers [are] coming in and what they're proposing is just ridiculous" (read “Planning Commission Report to #NewtownPA BOS”). If the current O-LI/LI Overlay ordinance is implemented, there will certainly be more “ridiculous” housing proposals by developers.

Drive-thru Eating Places

It also includes Eating Places including an “Drive-in” E-6 conditional use. This use MAY include a drive-in window (unless BOS prohibits it): “Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.”

What Residents Have To Say

The following comments from residents – and my replies – were copied from my Facebook page as of June 8, 2024.

Robert C.
“NO! What the hell are you guys doing???? We do not need any more high density housing in Newtown nor restaurants. Unreal! Stop destroying our town!!!!!!”

Anne L. E.
“If I am reading this correctly, this ordinance will allow lots of apartments, fast food restaurants and other restaurants, stores to be built bordering the current office and business area from at least Penns Trail at by-pass to Newtown-Yardley Rd at by-pass and over toward several family neighborhoods bordering on Newtown-Yardley Rd. These roads already are heavily congested several times a day. And, frankly, it feels as if these neighborhoods are about to be informally as “wrong side of the railroad tracks” areas….. they will border an expanding business/ commercial area. Goodbye to nice, quiet Newtown that drew us here.”

Donna S.
“What does this now mean regarding that intersection by Wawa? From the map it looks like it's included... so the drive through wouldn't be an issue anymore? [Ms. Serdula presented a petition opposing a new Chick-fil-A off the Bypass.” Read “Donna Serdula Submits Chick-fil-A Petition to #NewtownPA Supervisors.”

• My Response: “That’s right, as far as I can tell. The new Overlay would allow drive-in (thru) but as a Conditional Use (can still be prohibited by BOS) – but perhaps they could claim a hardship before the Zoning Hearing Board (ZHB) to get a variance. There are a million ways developers can skin the Newtown cat!”

Maria P.
“This looks to me like an open invitation to destroy the bypass and Newtown Yardley roads. I definitely don't think any purpose should be given a blanket right. Who thought this one up? I believe this is totally unacceptable. It's looking at making the most money with no regard for those who live here.”

• My Response: “This was ‘thought up’ by the Bucks County Planning Commission (BCPC). Originally, the idea was to add uses that would help businesses located in the Business Common. This was when there was an Economic Development Committee (EDC) overseeing the plan. But it quickly morphed out of control when the EDC went defunct and the Planning Commission took over.”

Wendy W. K.
“Why would anybody handover their power to the commissioners office they don’t know what they’re doing!” [Ha, Ha! Case in point: “The 2024 #NewtownPA Area Comprehensive Plan: Flawed Housing Analysis”]

• My Response: “The BCPC is often hired for planning purposes related to zoning. For example, it rewrote the 10-year Comprehensive Plan for the Joint Zoning Council. In accordance with the Pennsylvania Municipalities Code (Act 247, as amended), the BCPC reviews plans for all subdivision, land development, and municipal proposals (e.g., ordinance amendments, comprehensive plan updates, school construction or sale, street vacation, or sewage facility plan updates) proposed in the County's 54 municipalities. They do not have any power other than that. Only the municipalities have the power to implement the plans supplies by the BCPC.”

Robert C.
“The Bucks County planning commission is a recommending body. That is it. They have no jurisdiction in our township and should be completely and utterly ignored with this utterly ridiculous concept. This is all about making money for people as opposed to what’s best for our township, you and the other board members are elected to represent Newtown Township, not the corporate interests of those seeking to profit from Bucks County.”

• My Response: “The township hired BCPC to do this – paid them money to do so – they are more like consultants – not free advisors. We can ignore their proposal if we want to, but that is not going to happen as I see it.”

Rick F.
“Gee, I wonder who wants to build an apt complex in that area?? The boards will do anything to make a particular business owner happy.”

• My Response: “Could be. The apartment complex on Lower Silver Lake Rd is a no-go - the Sewer Authority is in the process of condemning the land in order to build a new sewage treatment plant. All that is next is for the parties to agree on selling price.” [The owners of that property may wish to build in the Overlay Zone, if supervisors approve the ordinance.]

Jan F.
“I agree that this would be more over development. I think the Bucks County Planning Commission is trying to move Newtown in the wrong direction by recommending MORE areas for housing. Check out this article that predicts Bucks County population will experience DECLINE in the coming years (“Population of Bucks County expected to decline according to study”). It will be one of three area counties that do so while others may have population increase.

“BCPC is following an old formula as well as old data. Basically they say since the county grew previously, it will keep on doing so which apparently is not at all the case.” [Read “The 2024 #NewtownPA Area Comprehensive Plan: Flawed Housing Analysis”]

NOTE: A 2024 study by the Center for Rural Pennsylvania and the Pennsylvania Data Center projects that Bucks County, Pennsylvania's population will decrease by 7.5% or 48,596 people over the next 30 years. This would make Bucks County one of only three urban counties in the state that are expected to shrink, while other counties around Philadelphia are projected to grow.” [See “Pennsylvania Population Predictions for the Next 30 Years”]