Lansdale council approves downtown zoning update

 A new zoning map that could change the shape of Lansdale’s downtown is now on the books.

Council voted unanimously last Wednesday night to approve a new downtown business overlay district, after plenty of questions from residents about what it could mean for them.

“This is an attempt to create more opportunities for the people that own these properties,” said Director of Community Development Jason Van Dame. “There’s no requirement for you to use this overlay, or to change your property. That’s not what this is about.”

Lansdale’s borough council first created, then expanded a downtown business overlay in 2016 into 2017 giving certain businesses of up to 20,000 square feet relief from certain parking requirements, so long as they met certain other conditions. In early 2023 the code committee heard details of how the town’s planning commission has been working on an expansion, meant to simplify the zoning map by removing unused areas, and creating a central business core that could allow higher growth downtown; in early August council said the draft would be up for a public hearing and vote soon.

That hearing and vote came on Wednesday night, as council kicked off their Aug. 21 meeting with two public hearings, on the map amendment and then the text amendment updating the code and expanding the overlay. Parts of the update included eliminating outdated codes for a retirement village overlay district and professional office and specialty restaurant overlay district, creating a new "downtown core" area with building heights taller than currently allowed, and updating parking requirements and standards.

"I deal with a lot of potential businesses, and new businesses come into town, and look at some spaces we have available. They want to bring a change of use to a property that is landlocked, and does not have much parking, but it's a great location on Main Street," Van Dame said.

Under the current zoning, "they're looking to make a big investment, and they're met with, 'I'm sorry, but you have to create parking where parking doesn't exist,' you have to make a deal with a neighbor for a long-term lease on parking, or modify a building so you can create parking. In practically every case, they say 'I think I'm going to look somewhere else for this opportunity,' and it gets a little frustrating," he said.

A dedicated page on the borough website explained the changes, with before-and-after maps showing where the overlay would be expanded, and that map was discussed during the public hearing Wednesday night, with the map itself and a list of affected properties included in council's meeting materials packet.

Borough solicitor Patrick Hitchens kicked off the hearing by reading into the record the text of the ordinances up for discussion, before Van Dame and borough land planning consultant John Kennedy outlined how changes to the overlay were first discussed as far back as 2020, in the aftermath of approvals for a proposed apartment building at Third and Walnut Streets that would have been one of the most dense in the county.

"We had a project that came in with a very high number of units in a small area, and that kind of started us looking at this downtown business overlay, and how to amend it, to right-size it for Lansdale Borough," he said.

Through the pandemic years, staff noted businesses were seeking approvals to move into vacant spots, but couldn't meet the parking requirements in the code at the time, he said.

"I had a cheesesteak business that wanted to come in, where a music store used to be. I had a delicatessen that came in where a mail order business used to be. And our properties, a lot of them are landlocked, so they can't create more parking spaces," he said.

"The 2022 parking study that was done, exhibited ample parking throughout the Main Street and Broad Street corridors, and we ended up with what we're here proposing today," Van Dame said.

As he spoke, Van Dame showed the current zoning map, the areas being removed from the borough's books, and the expanded overlay and downtown core areas, where bonuses in the new code could allow building heights as tall as 85 feet. The draft has been vetted by both the borough and Montgomery County planning commissions, along with feedback from council's code committee, and Kennedy said changes made during that process included lowering the total building floor area required to qualify, and making some of the exceptions apply only to commercial uses: "Any residential use still has to provide the parking" required under residential zoning codes.

For who? For what?

Once the floor was opened for public comments, several residents of Woodland Drive near Memorial Park took the floor to ask if they were included in the zone, and if the overlay could or would mean that houses in that area would be converted into commercial spaces or apartments.

"The two stately, single-family homes on the corner of Woodland Drive and Main Street, they were built in the 1930s and will be rezoned from residential-professional to business overlay," said Ken Wieland.

"The business overlay zoning proposal stated that these residential homes can be replaced, among other businesses, by apartment buildings, bars and taverns, hotels, liquor stores, parking garages, and antenna towers. How does this improve the beauty and quality of life in Lansdale?" he said. Hitchens, the attorney, answered that any of those uses would require conditional use approval from the borough, including formal hearings, public notices and public comments before any plans are finalized.

Eileen Koolpe said she lives in one of those homes on Woodland, is a Realtor, and "strongly disagrees with the whole idea," saying she thought the overlay could "change the whole character, as you drive into Lansdale."

"I came up here because it was walkable, it was residential, it was lovely. And that's going to change drastically with this business overlay. The character of the neighborhood will be terribly affected," she said. "Some people on my street have already said 'I'm moving, if they do that.'"

Van Dame answered the objections by noting that the list of possible uses spelled out by Wieland were already included in the restaurant district already covering those properties, and the new overlay wouldn't require or force any changes, but rather would give any new owner more options.

"It's not taking away the residential zoning of those properties. This is an overlay. Much like the professional office and specialty restaurant conservation district overlay was over top of those properties, and could've been used on any of those properties for the past 15 or 20 years that's been in effect," he said.

"Just because there's an overlay there, doesn't mean there's any intent to come and change those properties, the way they are. It does give opportunities to the owners of those properties to do things," he said, but any new project would likely go before council and/or the town's planning commission for public input.

Cynthia Smiley of Woodland said she and her husband, former borough councilman John Smiley, had lived in the town for over 50 years and questioned whether only residents inside the overlay boundaries were notified, or if those adjacent to the overlay should have been too. Van Dame said over 400 formal notices were sent out to properties within the affected area, plus public notices posted along the borders, and the list of those properties is included in the formal hearing documentation.

What about preservation?

Don Nibbelink of Park Drive said he and his wife live in one of the other properties that abuts the overlay, and said he agreed with the concerns about notifications and density in that area, plus had complaints about "the persistent noise and dust" from the East Main Streetscape project currently underway there.

Elsie Nibbelink added a question about whether the overlay covered part of their property, and if residents could apply for any historic preservation incentives or protections. Van Dame answered that the maps displayed to council may vary slightly from lot lines on the ground due to the software used to display them, and said the town's code committee has discussed at length an historic preservation code, largely focused on commercial properties, "but I don't see why we couldn't include significant residential properties as part of that."

Michael Keeney said he and his mother Margaret run Keeney Printing, a business located in town since 1976 and adjacent to the overlay area, and said they "face challenges all the time, with people utilizing our lot" for parking by nearby residents.

"It talks about, for one- or two-bedroom apartments, (requiring) one-and-a-half spaces per unit. So how do you park half a car? In reality, I think it becomes two cars," he said, adding that he'd prefer the code encourage more single-family dwellings instead of apartments: "I don't know a whole lot about zoning, or running a township, but I do know there's a parking problem."

Margaret Keeney added that part of the overlay code calls for more "public spaces such as plazas, squares and courtyards, that enhance the aesthetics of downtown," and said she thought the overlay wouldn't do so. Van Dame answered that the code does encourage those features: "In order to get bonus heights on buildings, you have to provide green energy components, you have to provide potentially park space, additional public parking, public trails. That existed in the current overlay."

'Don't do this to us'

Sandra Yonosh, also of Park Drive, said she's lived there for 40-plus years, on a street full of homes she called "beautiful, they're unique, they're not development homes, they're not repeats of the same thing," before invoking one of the town's most infamous development debacles.

"I always think about what happened to the Tremont, that beautiful hotel. And it was torn down and replaced by a cinder block Rite Aid, with no windows, no appeal whatsoever. And now it stands empty. Need I say more? Don't do this to us," Yonosh said.

"We've got a beautiful park across the street, we've got the school, we've been there a long time, we try to be good citizens, not creating any problems for anyone. I've been to more council meetings this month than I've been (to) in the 46 years I've been here. What is going on?" she said.

Kofi Osei, a supervisor in neighboring Towamencin Township, said he was "in favor of this zoning change as-is, but have a few critiques," along the lines of comments he has made in Towamencin meetings, saying he was "not a fan of parking minimum (requirements) at all" and thought the town should look into ways to increase traffic safety, and encourage other means of mobility.

"Every time I come into Lansdale, I usually ride a bike, and a lot of people my age are driving a lot less. If I wasn't elected in Towamencin, I was considering moving to Lansdale, and I would not bring a car," he said.

"Even with the zoning change, no one is forcing property owners to develop their property. If you'd like to continue to keep your property as a single family home, or whatever it is now, that is your right," he said.

Councilwoman Carrie Oglesby then emphasized the same point, that changing the overlay wouldn't force any changes on the ground: "It's just giving opportunities to further enhance or change those houses — if someone purchases them and wants to make a change."

Councilman Mike Yetter asked about the height bonuses and ways the code incentivizes developers, and Van Dame said it includes bonuses for preserving historic buildings, using green or blue rooftops, alternate energy sources, and public features including trails, parks, plazas, transit amenities, trails, or streetscape amenities: "All are items that would qualify toward those bonus conditions," and Kennedy clarified that the 85-foot building height would only be available in the downtown core.

Yonosh then countered that she and the neighbors near the park were worried that the overlay opens the door, even if no plans are pending now.

"It's a whole process, and this is step one in that process. We don't want to see those homes torn down, and townhouses put up there. This is our major concern — let's not give them step one," she said.

Koolpe asked if the code could include "a carve-out, that these houses be preserved" along the entry to the town. Hitchens answered that "the borough has no authority to control" whether an owner demolishes their property, and while a historic district or registry is being discussed, nothing is on the books.

"At this junction, any property owner could come in, and purchase a property, and demolish whatever is there, and there is nothing the borough could do that would prevent that from happening. That is a private choice," Hitchens said.

Chip Panico asked if the overlay was developed by outside consultants or with local input, or both: "It makes sense on paper. It makes sense on a computer, maybe. But does it make sense for the residents, does it make sense for the aesthetics of Lansdale, and the way that people live?"

And Devon Memis asked council to back the overlay, "although it is imperfect," saying he often sees vacancies on Main Street that are "extremely tough" to redevelop: "Yes, the revised zoning map is not perfect, but I think it is a great step forward for the community, to promote economic development, specifically in the area that we're all looking at."

Council vows next steps

Once the public comments closed, councilman Andrew Carroll urged staff and the code committee to focus on the historic preservation code next: "I think that's a fantastic tool, and I would strongly urge staff to start driving towards that list." Council President Mary Fuller said she agreed, with that goal and with the concerns of the park neighbors.

"I would be committed to standing in the way of any use I could object to there. I don't want to lose the flavor of your residential neighborhood, and I think that's the point of anything we're trying to do here," Fuller said.

Council then approved the new map and the text amendments unanimously, and code committee chairwoman Rafia Razzak said she looked forward to taking up talks on the historic code next.

"It's a process. It will take time. I'm very proud of our code director, and our planning commission — they're all highly qualified, highly dedicated people, volunteering their time because they care about the borough," she said. "I'm glad everybody came out, that just shows how much they care about their community."

Lansdale's borough council next meets at 8:30 p.m. on Sept. 4 with the code committee next meeting at 7:30 p.m. that night, both at the borough municipal building, 1 Vine Street; for more information visit www.Lansdale.org.

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