Site plan proposing a total of 60 “workforce housing” units to be built on Pennbrook Parkway, at bottom, as presented to Upper Gwynedd commissioners on April 10 2023. (Screenshot of meeting video)
Planning commission has taken up talks, commissioners could be next
One of the most controversial projects in recent memory could be back up for public talks soon.
Upper Gwynedd officials heard an update this month about a proposed project on Pennbrook Parkway, and a legal challenge that could come from residents opposed to it.
“This is just another effort to put everyone on notice that the residents here — I being one — are prepared to submit the substantive validity challenge to invalidate the ordinance, if the municipality proceeds with this,” said resident Carl Smith.
In August 2023, township commissioners approved a zoning text and map change meant to expand Upper Gwynedd’s transit overlay district into a roughly six-acre parcel of light industrial land on Pennbrook Parkway, where New Jersey-based developer The Walters Group had proposed a complex of 60 apartment units.
Walters representatives’ first public presentation of the plans in April 2023 showed 60 units on roughly six acres in three-story buildings with some dedicated to what the developer termed “workforce housing,” meant for residents who meet certain low-income qualifications. In the months between that presentation and the vote that August, residents questioned the need for, and motivation behind the project, while the developer, county officials, and a councilman from nearby Lansdale argued that the project would help address housing needs in the county.
A text amendment to Upper Gwynedd's zoning map shows the current transit-oriented development zone shaded in grey, east of Church Road and north of Wissahickon Avenue, and a proposed "TOD-2" expansion of that overlay lined in red and blue off of Pennbrook Parkway. (Image courtesy of Upper Gwynedd Township).Since that summer, the township has seen little public discussion of that project, beyond a mention by county officials as a recipient of a Montco Forward low-interest loan in March, and an update from staff this July that no formal application had yet been submitted.
In the Nov. 12 meeting, new township planning and zoning officer David Conroy referenced the Pennbrook project , after giving updates on several other land development projects across the township.
"Lastly, but certainly not least: 1500 Pennbrook Parkway, we will be hearing a presentation from them in regards to their conditional use application, and their land development application, in front of the planning commission," Conroy said.
Smith sounded off during the same meeting, showing the board a brief in opposition to the conditional use request from the developer.
"This document alleges that the township, represented by the board of commissioners, perpetrated an unconstitutional and illegal act, of carving out a parcel of land, five-plus acres of light industrial zoned area, rezoned it for residential use, which is alleged to be spot zoning," Smith said.
"We're going to seek a legal remedy, because we failed to get one politically. So that's what I want to make you aware of; I certainly want the residents to be aware of that as well," Smith said.
After those comments, township manager Sandra Brookley Zadell clarified that the planning commission would include a presentation form the developer, but only the board of commissioners can rule on the conditional use.
That planning commission presentation was held on Nov. 13, and Smith sounded off again in the subsequent commissioners meeting on Nov. 19, offering each of the commissioners a copy of his document, a 19-page filing written by attorney Christopher Papa on behalf of six residents and subsequently provided to The Reporter, and explaining why it had not been filed in court yet.
"I was asked if there had been an official filing in the courts, and unfortunately I wasn't able to give a clear answer. The short answer is no," Smith said.
"In December, from what I understand, the planning commission is going to host the Walters Group, to come and present evidence they've complied to the conditional use, as listed in the text amendment. If it goes to plan, and as expected, the planning commission will make the recommendation to this board, and then a conditional use hearing will be next," he said.
Smith then previewed possible next steps that the attorney representing the opposed residents could take, if and when that hearing is held.
"He'll be making the argument that this spot zoning is an unconstitutional, illegal act, put together by the board of commissioners. If at that point the board of commissioners, you folks, grant approval, that will trigger the official court action," he said. "And that will come in the form of a substantive validity challenge."
"Even under this new ordinance, that we believe is unconstitutional, it still requires that the developer prove that the proposal be suitable, not contrary to public interest, and prove it with credible evidence. It can't be done here, it's not suitable in this place, there's no evidence that could prove that it is," Smith said.
Upper Gwynedd’s commissioners next meet at 7 p.m. on Dec. 9 at the township administration building, 1 Parkside Place. For more information visit www.UpperGwynedd.org.
This article appears courtesy of a content share agreement between North Penn Now and The Reporter. To read more stories like this, visit https://www.thereporteronline.com.
