Six-Story Apartment Complex at Third and Walnut Granted Conditional Use Approval

Keith Heffintrayer•

The proposed six-story apartment complex at the intersection of Third and Walnut streets is one step closer to becoming a reality, as Lansdale Borough Council voted unanimously to approve the conditional use application during Wednesday night’s meeting.

In its current state, developer Ross Ziegler proposes placing a 77-foot tall, 204 unit apartment building along the unit block of West Third Street. The building would feature many green-friendly features, such as solar power, recycling of rain water, Zipcars and bike racks, as well as a fully automated underground parking system that could handle up to 308 vehicles.

Following the completion of Wednesday night’s hearing, which was a continuance of the hearing that was held on March 20, Lansdale Borough Solicitor Sean Kilkenny advised council members that the project met the conditional use requirements, and that a no-vote could risk the borough losing its negotiated conditions on appeal.

"The danger if council were to turn down this conditional use, is it would likely be appealed to the Montgomery County Court of Common Pleas, and the court is not required to mandate those conditions,” said Kilkenny. "They would look at the standards of the ordinance and the testimony provided. That would be a risk or a danger.”

The conditional use hearing is required because the property is located in the Residential C-District, and is part of Lansdale’s Downtown Business Overlay District, which requires approval for the creation of multi-family dwellings with six or more units.

The vote—though unanimous—was tempered by several council members who expressed their reservations with the project.

"I do not like this project at all, only because of the enormity of the size and the density that is going to be there, in a small town and a small neighborhood,” said Councilman Jack Hansen. "But, as Mr. Kilkenny has shown us, it is our legal obligation at this point to protect the residents of the borough, and protect the borough itself, that I would have to vote yes on this motion, but I will do it reluctantly.”

That sentiment was echoed by Councilman William Breish, who added that he had concerns about the negative effects the project could have on lower-income families in the borough.

"We have folks, seniors, low income housing, renters, in our community that are going to be negatively affected by this,” said Breish. "I want to make sure that we’re not pushing people out of our community, that want to raise children in a good school district, that want to be exposed to all of the wonderful things that we’re bringing to this borough. If there’s a significant amount of people that are negatively affected by this, then I think we should look into that.”

On the support side of the proposal, both Councilwoman Carrie Hawkins Charlton and Councilwoman Mary Fuller stated that they were excited about the project.

"Personally, I really like this project,” said Hawkins Charlton. "I think it goes along with our comprehensive plan. I love all of the green aspects, the rainwater collection, the solar panels, but I’d maybe like to see it a floor lower.”

"For the purposes of this conditional use hearing, I am not willing to take the risk that we would go to court and lose the conditions we set forward tonight,” added Fuller. "Moving forward, there is a lot about this project that I am excited about.”

Borough Council President Denton Burnell wrapped up the discussion by stating that there is a long way to go before the project would be able to begin construction.

"Pouring a little bit of cold water on this, granting conditional use does not guarantee that this project gets built by any means,” said Burnell. "I will remind everyone that we have actually been here before. We have granted conditional use to this project, they started land development, then things changed and here we are again.

"All we’ve done at this point is grant conditional use, which unlocks their ability to move to the land development process,” said Burnell. "That process, with the planning commission, can be a very lengthy one. If the planning commission gives their stamp of approval at some point, then it comes before council for final land development approval, and at that point, they would then be able to build the project.”

The project will now head into the land development phase, with the developer expecting to submit their proposal to the planning commission in the next six to eight weeks.