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Zoning/Development Planning
Ben Ciliberto and Ron Mintz, as principals of C&M Builders, by far the most favored and prolific developer in the history of Warrington, further made a mockery of the Warrington Zoning Ordinance as the Board of Supervisors listened at their meeting on 6/25/02. This time it's a preliminary plan called Bluestone creating 240 townhouses on 40 acres of IU(institutional zone) property when the ordinance specifically calls for a minimum of 75 acres.
The history of C&M's takeover of our township officials started coming clear in 1996. Having wrapped up several agreements of sale with owners of agricultural property totaling 381 acres in western Warrington, C&M masterminded a curative challenge to the zoning ordinance.It was claimed that it was unfair to permit only 3 acre zoning on farming parcels. The curative challenge demanded high density zoning on lots as small as 8,500 square feet. After the Supervisors spent in excess of $100,000 of taxpayers' money on public hearings on the matter without reaching a conclusion, suddenly and with no explanation, the parties voluntarily decided to make a back room deal which netted C&M 481 small lots as well as 191 (now well known) TDRs. The deal was far more lucrative to C&M and far more damaging to Warrington and its zoning ordinance than the original curative challenge was. It technically allowed C&M to supercede our zoning ordinance in virtually every district in the Township and provided TDRs worth as much as $150,000 each to date!
Right on the heels of this developer victory, the Supervisors granted C&M additional TDRs while paying $4,000,000 (inclusive of having a stable built) for a 40 acre property without development rights which had an original selling price of $611,000 - and then the Supervisors GAVE THE PROPERTY AWAY under a $1/year renewable 30 year lease!
Since then C&M has received numerous favorable zoning changes which substantially increased their profitability with absolutely NO BENEFITS for the Township.
One of these zoning changes is the subject of C&M's outrageous claim at the Supervisor meeting of 6/25/02. That zoning change included first an upgrade to higher density R2 zoning on part of C&M's land on Kansas Road. It further involved rezoning the rest of the land back to IU (institutional) AFTER C&M had the IU zoning changed to add a specific section allowing townhouses at varying densities of 6-8 units/acre on minimum acreage of 75 acres. AND C&M COINCIDENTALLY HAD 79 ACRES OF IU PROPERTY!
Well, about a month following this rezoning, PennDot struck a deal with C&M to buy 39 acres of this IU property as well as some of the adjoining rezoned R2 property for about $6,500,000, the land to be used as replacement wetlands for proposed Rte 202 disturbance. C&M didn't have to put a pencil to a sketch plan to cut this deal. The original interest by PennDot was expressed to the Township before the rezoning, which bolted the purchase price and resulting C&M profit significantly upwards.
Now C&M was left with a challenge. Having sold part of the IU property to PennDot for a hefty profit, how does C&M develop a plan for the remaining 40 acres of IU to take advantage of the zoning amendment they successfully lobbied for, since they no longer owned 75 acres of IU property? EASY! Since C&M had so masterfully manipulated the zoning ordinance in the past before the township officials, C&M could buy some land which was not only NOT in the IU zoning district, but wasn't even contiguous (adjacent) to their 40 acres of IU and then sell that concept to the Planning Commission and Supervisors. Why not - they've bitten on everything else C&M asked for, even going beyond their requests at times. And, by golly, the Planning Commission bought the idea, did recommend approval of C&M's Preliminary Plan (called Bluestone), and heartily sent it to the Supervisors with conditions,including C&M completing a Transportation Impact Study.
Strangely, according to the Warrington Zoning Ordinance, a Transportation Impact Study on the proposed project IS REQUIRED before a plan is EVEN TO BE CONSIDERED by the Planning Commission!
The Board of Supervisors hardly unrolled their copies of the plan on their first look on 6/25/02 before granting preliminary approval, even though plan didn't have to be acted upon before 9/30/02. It was conditioned again on submission of a Transportation Impact Study as well as C&M providing validation it meets the requirements of IU zoning for 75 acre minimum, since 38 acres of 78 acres is not zoned IU (but is zoned R1 and R2, requiring much lower density single family detached housing) and does not even touch the IU property. In fact,the 26 acres zoned R2 is wetland actually located across the street.
Only Supervisor Butterworth objected to consideration of the plan, based upon the above noted concerns. She felt the Board would be violating its own Zoning laws by accepting this proposal.
According to other options available in the IU district, C&M could still develop their 40 acres under a 25 acre minimum stipulation, provided that health care facilities, such as nursing beds, are provided. (Health Care was one of the primary intentions of the IU district.) This option would meet a need in our community, since health care facilities like this are minimal (only provide by Fox Nursing Home on Bristol Road).
While the Community sleeps, our Township is being taken from us by the developers and cooperative township officials without any perceived benefits for the residents nor any needs being identified or met. Our Zoning Ordinance along with our Comprehensive Plan (which hasn't been updated in 12 years and finally is being attempted in a haphazard piecemeal fashion) is to act as our strict guide to growth and development; however, if our residents don't begin to yell out for our township officials to stop obliterating our zoning ordinance at every developer's request, then C&M, other profit driven developers, and our township officials will continue to make "Mintz" meat out of the zoning ordinance. We will reap no benefits but only future uncontrolled problems (traffic, more school taxes, storm water flooding, etc.).
RESIDENTS MUST ATTEND THE MEETINGS, WRITE AND CALL ABOUT YOUR CONCERNS, AND TAKE BACK CONTROL OF WARRINGTON'S DESTINY! Make our officials, as our representaives, show us by their words and actions the benefits to be derived by their decisions.
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© Copyright 2001 by WarringtonWatchDogs.org
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