In my town the largest building is likely 50k square feet and nothing is taller than 2 or 3 stories. A commercial developer has bought the lot at the top of my street and wants to build a 100k sq foot 5 story storage facility. The community absolutely does not want this, but our wishes are being ignored. Was hoping the boards diverse talents might have some ideas on how to influence some change in this project
OT: anyone have experience fighting a commercial development?
- Thread starter LastFedaykin
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Sue your realtor for letting you buy a property adjacent to a business zoned lot that could eventually be built on.
Seriously though, most larger buildings will require zoning board of appeal approval in most small to mid size towns. Larger cities may allow that type of development by right.
In any case, the ZBA will typically post a date for a public hearing where testimony can be provided.
Seriously though, most larger buildings will require zoning board of appeal approval in most small to mid size towns. Larger cities may allow that type of development by right.
In any case, the ZBA will typically post a date for a public hearing where testimony can be provided.
Check any zoning and planning ordnances in your town. You may have to get a group of people together and then get an attorney to petition against this for both Zoning and Planning Boards at your town. It might involve a lawsuit, and you have to show how you would be harmed. Quality of life is a good reason, but you will need some concrete evidence to back up your claim.
You may also want to offer alternative locations for the business that is away from this area....but that will put them in someone else's backyard, most likely, which may be why they are looking at where you are.
You may also want to offer alternative locations for the business that is away from this area....but that will put them in someone else's backyard, most likely, which may be why they are looking at where you are.
Throw some spotted tree frogs on the site.
Thanks ro, we have already started kicking and screaming and looking into attorneys. Knowing quality of life is a valid complaint helps as this will create storm water, light pollution, and traffic issues. We've been to several town halls and our local representative is "neutral" and telling us to try to negotiate with the developer, but the developer just says my land, my rights, and is hell bent on the project
YMMV
Having served on the planning and zoning board in my small town, it really comes down to the building codes and zoning for the parcel.
If the developer is meeting all those you will have a difficult time stopping it.
For example, if that lot is zoned commercial, and the 5 stories does not exceed the maximum structure height in the city code, it will be much harder to stop it.
If he requires any sort of variance to either the codes or the zoning you will have an easier time.
So your first stop should be the city offices to get that question answered.
I guess the first question is what is the current zoning where they are trying to build? Are they asking for zoning changes or variances? If this proposed building fits the current zoning it's going to be tough to defend. You have to hope for a developer that is sympathetic to the surrounding community and maybe get it knocked down a floor and a nice looking building architecture wise with good landscaping. If they are asking for variances or changes in zoning then I would band together with your neighbors and hire a good real estate attorney. See if the zoning and planning board seems on board with this proposal, and move from there. You must go in numbers to all the meetings and voice your displeasure. Make sure the planning board and commissioners know how many are against this and be vocal.
Bottom line is this: if it is zoned for commercial/light commercial, there is pretty much nothing you can do an about it. The developer has rights as well. It’s unfortunate, But it’s always important to look at zoning ordinances around you to know what may be impacting you down the road.
If there are no rules, then everybody is correct and everybody is wrong.
So, they submitted for some variances before the scope of the project was known to the general public and they were granted them. One of which precludes them from having to do a traffic study. Is there anyway to challenge the granted variances as we don't believe they were made in good faith?
As mentioned, the community became aware of this, we have a petition with over 2k signees saying this is not right for the area, but the developer clearly just sees dollar signs.
P.S. the property has not yet been sold to the developer and the county still needs a storm water study. So it's not carte blanche for them, but the county has not put up any road blocks so far
As mentioned, the community became aware of this, we have a petition with over 2k signees saying this is not right for the area, but the developer clearly just sees dollar signs.
P.S. the property has not yet been sold to the developer and the county still needs a storm water study. So it's not carte blanche for them, but the county has not put up any road blocks so far
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Well, first of all, you will never get the developer to agree with you.
Variances get submitted from the developer to the town and then get reviewed by the Planning or Zoning Board Engineer. Typically, they review local/state and possible federal regulations when they do their reviews. So, if you look at the town website or call the Planning or Zoning Board Secretary, you can find out who the Engineer (firm) is. You can reach out to that firm and speak with them.
The traffic study variance (which I have seen) is based on the projected traffic flow in and out of the property. I think you said the developer is building a storage facility, which will only get sporadic traffic. It's not a restaurant or shopping mall, and I would bet the Engineer has other similar projects and has done traffic studies and has determined this variance is legitimate.
In my town, granted a small one, any variance has to be approved by the City Council in a public meeting with an agenda published in advance.
For any variance, residents within a certain distance of the property (I think it's 500 feet here) get a notice by mail of the time and date of the meeting of the zoning board to review the variance and comment.
Sounds like maybe your jurisdiction is a little looser with variances, but maybe the good faith angle is your best approach.
I would still start with your city officials to see what the proper process for variances is and see if it was followed to the letter. In my town drawings of the planned variance has to be submitted with the variance.
Your town is one of the exceptions. In most towns just I have dealt with The planning or zoning boards have the authority to grant variances usually with the support of the planning or zoning board engineer. If the engineer saw some discrepancies they would have flagged it.
This is the baby (Bog Turtle) you need to stall development.....and they are always on the PNDI hit list.
The PNDI receipt lists potential impacts to threatened and endangered species, special concern species, and significant ecological features. The PNDI receipt may require an environmental review by one or more jurisdictional agency.
Federal Protection of the Bog Turtle
The Bog turtle was listed under Endangered Species Act as "threatened" in 1997. The Endangered Species Act is a policy passed by congress in the early 1970s with the sole purpose of protecting species whose populations were in danger of becoming extinct in the future. Species listed as endangered means that the species is expected to go extinct in the near future. The threatened label means that unless changes are made, the species will very likely become endangered in the foreseeable future. There are two federal agencies that enforce this act, U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration. State agencies, such as the Pennsylvania Fish and Boat Commission and Department of Natural Resources and Conservation, are also responsible for ensuring federally listed species are protected within Pennsylvania.
Depending on what state you’re in there may be a number of required environmental and community impact reviews which will provide you w/ opportunity for input and comment. Based on limited info you provided :
- storage facility. What type of material will be stored? Considerations for flammability, hazardous nature?
- if tallest building in town is only 2 story is the existing water system capable of serving a 5 story building? How about fire respond are pumpers and aerial trucks adequate?
- if next to residential community what considerations for school bus and student walker safety been given when providing exemption for traffic impact study. Exemptions are suspect in abense of justifying logic.
- any economic develope $ support or tax relief involved? If so look at governing criteria for applying these tax payer subsidies. Many agencies take liberties when applying these in attempts to lure development.
- consider consulting an attorney or regulatory consulting firm for assistance.
I was surprised that storage facilities are now being constructed in multistory buildings.
The article:
www.insideselfstorage.com
The article:
Why Multi-Story Building Is a Rising Trend in Self-Storage
Despite potential challenges presented by this development type, multi-story self-storage building is often the best way to match efficiency with market demand, regardless of site size. It’s a rising trend for good reason. Read why.
www.insideselfstorage.com
Fought against and for commercial development. Most helpful for me would be what city and state.
It is happening in the Poconos right now. Upwards of 10 huge truck depots are in the works - hundreds of acres of woods will be gone. Most are adjacent to high quality streams. Unless the townships get ahead of the developers with zoning overlays, not much can be done. People here realized a little too late that all these big projects had been submitted.
I have spent my career in Zoning and Planning Administration in PA. Lots of information here, some accurate and some not so much. The first question I have for you is what state are you in. Land use regulations and procedures vary greatly from state to state, with some being more centralized and others, like PA, are more parochial in nature.
This is the petition that was put together. Or town only has about 20k people so 10% are already actively fighting it.
I'm not opposed to any and all buildings, but I chose my neighborhood because it is quiet, dark, tree-lined, etc. This building does not fit the aesthetic of the neighborhood or town that I live in. A small suite of doctor's offices or a mixed use retail is far more amenable and fits the character of the neighborhood.
You can start by talking with the mayor, town council, and members of the zoning/planning board but they're likely already bought off by the developer. When that approach fails (which it likely will if those people are on the take), the community need to pony up some significant shekels and hire a lawyer to research the local, state, and federal laws that might be violated if the project goes forward and then file a lawsuit. Developers hate lawsuits that hold up projects.
There may not be any legal underpinnings to stop the project and town officials may be unsympathetic to your concerns in which case you're dead in the water.
Relatedly, I fought my town for almost two years without legal counsel on a handicapped discrimination issue which I eventually won when the State Attorney General sued the town. The town caved on the day my church showed up to picket the mayor's office with the press in tow. Politicians hate bad publicity and the message here is that there is more than one way to skin a cat when legal avenues fail and politicians want to be reelected.
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The difference is that anything related to your handicapped discrimination is associated with the ADA-a Federal law. So you had that on your side.
Some developer building something the OP does not like does not fit into the same situation.
Your situation and his situation are completely different.
Agreed but the point I was intending to make was that local officials can be obstinate to the point where they purposely ignore state and/or local laws/codes and sometimes the only way to achieve a satisfactory outcome is to make a public spectacle of them when other approaches fail. In my case the town decided they were going to argue a novel point of view with the AG's office until I showed up in front of the borough building with people from the media and some protesters.
Well, perhaps we work in different worlds, but I know that the local officials I deal with (almost daily) don't purposely ignore state and/or local laws and codes. They may not be fully aware of them, but that is the responsibility of the professional to advise them (the engineer or lawyer).
But - you got what you wanted - so good on you.
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A five-story building could be a prime location for multiple cellular and communications companies to fill in the "dead zone gaps" in their network maps.
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