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Application of Merion Kennett Square Developer, Llc for a Conditional Use for an Apartment Use in the Bp –Business Park Zoning District ______

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Application of Merion Kennett Square Developer, Llc for a Conditional Use for an Apartment Use in the Bp –Business Park Zoning District ______ BEFORE THE BOARD OF SUPERVISORS OF KENNETT TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA IN RE: APPLICATION OF MERION KENNETT SQUARE DEVELOPER, LLC FOR A CONDITIONAL USE FOR AN APARTMENT USE IN THE BP –BUSINESS PARK ZONING DISTRICT ________________________________________________________________________________ DECISION I. FINDINGS OF FACT 1. The Applicant is Merion Kennett Square Developer, LLC (the “Applicant”), a Pennsylvania limited liability company with an address at 308 East Lancaster Avenue, Suite 300, Wynnewood, PA 19096. See Exhibit B-4. 2. The Applicant is the equitable owner of four (4) contiguous parcels of land identified as Chester County UPI Nos. 62-3-51, 62-4-1, 62-4-10, 62-4-15.1 (located in Kennett Township), and Chester County UPI No. 3-1-1 (located in Kennett Square Borough) (collectively, the “Property”), legally owned by Ravello Properties, LP. See Exhibits B-4 and A-33; Notes of Testimony (“N.T.”) 7/18/18 at p. 16. 3. The Property consists of approximately 14.5 acres and is located on the north side of Old Baltimore Pike, to the east of Walnut Street, and to the west of the Exelon facility, and is located in the BP – Business Park Zoning District in Kennett Township. N.T. 7/18/18 at p. ___ 4. On June 19, 2018, the Applicant filed an application (the “Application”) with Kennett Township requesting to amend the conditional use approval issued by Decision dated September 16, 2015 (the “Original Decision”) that granted permission to construct one (1) apartment building containing a total of 175 units on the Property, with related parking, lighting and landscaping, to be serviced by public water and sewer (with a tie-in to Hazel Avenue). The Application seeks to develop the same number of units (175), but in three (3) buildings consisting of four (4) stories each, rather than in one (1) building consisting of four (4) stories. See Exhibit B-4; N.T. 7/18/18 at pp. 8-9, 15, 27. 5. A hearing was held on the Application on July 18, 2018 before the Board of Supervisors of Kennett Township (hereinafter the “Board”). 6. Public notice of the July 18, 2018 hearing was published in the Daily Local News, a newspaper of general circulation in Kennett Township, on July 4, 2018, and July 11, 2018. See Exhibit B- 1 7. At least one week before the July 18, 2018 hearing, the Property was posted with notice of the July 18, 2018 hearing. See Exhibit B-3. 1 8. The Applicant was represented at the hearing in this matter by its attorney, John A. Jaros, Esquire. 9. Arthur Kaiser (hereinafter “Kaiser”), an individual who owns the property at 109 Young Avenue, Kennett Square, PA 19348, requested and was granted status as a party to the hearing on the Application. N.T. 7/18/18 at pp. 7-8. 10. Kaiser appeared at the hearing pro se. 11. Kaiser’s property abuts the Property on the Property’s western boundary. N.T. 7/18/18 at p. 7. 12. Apartments are permitted in the BP – Business Park Zoning District in Kennett Township by conditional use at a density of 12.5 dwelling units per acre on tracts of ten (10) acres or more with direct access to two (2) or more public streets pursuant to Section 240-1301.C.(13) of the Kennett Township Zoning Ordinance (hereinafter the “Ordinance”). 13. The Applicant incorporated the Notes of Testimony from the hearing held by the Board of Supervisors on July 15, 2015, August 5, 2015, and August 26, 2015, and the Original Decision. N.T. 7/18/18 at p. 9. 14. All area and bulk requirements of the Ordinance are met by the revised proposal, and the proposed sewer impact, traffic impact, and fiscal impact remain unchanged from the Original Decision. N.T. 7/18/18 at pp. 9, 15, 50-51. 15. Stormwater management on the Property will essentially remain the same but will be slightly modified. N.T. 7/18/18 at pp. 9, 15-16. 16. Richard Aljian (“Aljian”) testified on behalf of the Applicant. Aljian is the owner and partner of both Merion Realty Partners and Merion Residential. N.T. 7/18/18 at pp. 11-12. 17. Aljian testified that his companies were interested in acquiring the Property, but only if they were able to construct three (3) apartment buildings due to market conditions, noting that the three-building layout on 14+ acres would be more attractive to persons seeking apartment living in Kennett Township. N.T. 7/18/18 at pp. 13-14. 18. Aljian testified that the proposed access roads to the proposed development remain the same as in the Original Decision, accessing the Property from Millers Hill and Walnut Street. N.T. 7/18/18 at pp. 15, 65. 19. Aljian testified that his company is teaming with High Associates, which has a development team, to develop the Property. N.T. at pp. 16-17. 20. Aljian testified that the developer is considering moving a portion of the pedestrian walking trail that was depicted on the previous plan to a system or series of sidewalks located on the western side of the Property. N.T. 7/18/18 at pp. 18-20. 2 21. Aljian testified that there is a need to bring pedestrians, both residents of the proposed apartment development and the general public, from Miller’s Hill Road to North Walnut Street for potential access to Anson B. Nixon Park, and that consideration of moving a portion of the pedestrian trail to the western side of the Property is due to its currently proposed location infringing on steep slopes and riparian areas on the eastern side of the Property. N.T. 7/18/18 at pp. 19-22, 48. 22. Aljian testified that all proposed tenants of the proposed apartment development would undergo both credit checks and criminal background checks. N.T. 7/18/18 at pp. 25-26. 23. Brad Mowbray (“Mowbray”) testified on behalf of the Applicant. Mowbray is the Senior Vice-President and Managing Director of High Associates, a real estate development company. N.T. 7/18/18 at p. 32. 24. Mowbray envisions High Associates building the proposed apartment development in conjunction with the Applicant. N.T. 7/18/18 at p. 34. 25. Andrew DeFonzo (hereinafter “DeFonzo”), who was qualified as an expert in the field of civil engineering, testified on behalf of the Applicant. N.T. 7/18/18 at pp. 43-45; See Exhibit A-35. 26. DeFonzo testified that the Property is surrounded by existing residential uses to the south and west, vacant land to the north, and office use to the east. N.T. 7/18/18 at p. 45-46. 27. DeFonzo testified that there is a small area of regulated slope in the southeast quadrant of the Property. N.T. 7/18/18 at p. 46. 28. DeFonzo testified that stormwater management facilities have been revised to meet the new proposed layout of building on the Property, but that all stormwater management requirements will be met. N.T. 7/18/18 at p. 50. 29. DeFonzo testified that the Fire Marshal’s and Code Enforcement Officer’s recommendations for the number and location of fire hydrants and areas of mountable curb have been shown on the current plan. N.T. 7/18/18 at pp. 53-54; See Exhibit A-40. 30. DeFonzo testified that the proposed buildings will be sprinklered and that all proposed lighting will meet the requirements of the Ordinance. N.T. 7/18/18 at pp. 54-55. 31. Eric Ostimchuk (hereinafter “Ostimchuk”), who was qualified as an expert in the field of traffic engineering, testified on behalf of the Applicant. N.T. 7/18/85 at pp. 63-64. 32. Ostimchuk testified that the conclusions reached by his traffic impact study, prepared in 2015, remain the same even with the revision of the plan to include three (3) buildings rather than one (1) building. N.T. 7/18/18 at p. 65. 33. Exhibits A-33 through A-48 were moved and accepted into evidence. N.T. 7/18/18 at p. 66. 3 34. The Applicant agreed to re-locate the area in which the proposed amenities will be located from within the previously proposed single apartment building to an area between the two (2) proposed apartment buildings to the south of the Property. N.T. 7/18/18 at p. 67. 35. Miller’s Hill Road residents Christopher Thompson (615 Miller’s Hill Road) and Erin Petrie (612 Miller’s Hill Road) testified regarding their concerns about a pedestrian access running behind their properties and the potential for the loss of some existing wooded buffer between their properties and the proposed parking lot for the apartment use. N.T. 7/18/18 at pp. 96-104. 36. The Applicant agreed not to disturb the existing wooded buffer area that runs behind the residential properties located on Miller’s Hill Road. N.T. 7/18/18 at pp. 99-100, 103. 37. The Applicant stated that a retaining wall will be constructed to the rear of the properties on Miller’s Hill Road to shield their view from a portion of the proposed parking lot for the apartment use. N.T. 7/18/18 at p. 104. 38. The hearing was closed on July 18, 2018. N.T. 7/18/18 at p. 109. II. CONCLUSIONS OF LAW 1. The Applicant has legal standing to file and prosecute the Application. 2. Kaiser was properly granted party status in this matter based on his ownership of land abutting the Property.
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