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Friday, May 14, 2010

Bethlehem To Consider New, "User Friendly," Zoning Ordinance

Are you a good neighbor?

Everyone is concerned about what goes on in his own back yard. Zoning is the way municipalities quantify what neighbors may or may not do. Bethlehem Planning Director Darlene Heller unveiled an ambitious new zoning ordinance in a power point presentation to city planners and the public yesterday afternoon.

Her main goal is to make it easier to be a good neighbor. "It's user friendly," she explained, stating that the new ordinance is easier to follow and understand. In her summary, she stated it provides for more appropriate, yet flexible, development.It maintains existing, healthy neighborhoods. Finally, it makes provisions for environmentally sensitive lands.

Perhaps the biggest change is something Heller calls a "work force housing initiative," designed to encourage more affordable housing. In certain areas, this will permit an increased density for developments with more than 20 units.

The ordinance makes it easier to solve the parking problem that often plagues businesses and residences. It provides for "shared parking," in which a church or neighbor could agree to allow parking.

To encourage open space, this proposal will permit cluster development in rural residential areas. It will encourage tree conservation as well. It will prohibit construction in the "flood fringe" unless there has been a building or parking lot there within the last ten years.

For businesses, a "green component" will allow businesses using solar panels or wind turbines to operate slightly larger buildings.

In response to questions about a time frame, Heller indicated she will conduct work shops with the public; elicit presentations from different interest groups; and post the proposed ordinance, her power point and new map on the city web page. "When it goes to the Planning Commission depends on public interest," she concluded.

Planning Chair Larry Krauter asked Heller why the old paint mill, off Mauch Chunk Road, is zoned industrial when Monocacy Creek, a Class A wild trout stream, runs along its border. Heller explained that the new industrial classification "is more flexible" in its permitted uses. Krauter gently cautioned her, "You need to keep that in mind."

Before this proposed zoning ordinance becomes law, it must be recommended by the Planning Commission and City Council.

In other matters, planners unanimously agreed to permit Eileen MacMullen to covert her commercial condo unit in Payson House, located at 77 W Broad Street, into a "live work unit." The front of the unit, which faces the Sun Inn Courtyard, must be kept commercial.

They also approved the Silk Mill plan for a 4-story apartment building, containing 90 units, at 238 W. Goepp Street. There will be 151 apartments at this site with 260 parking spaces.

The plan proposed by Silk Mill Partners was a stucco and brick veneer building with a gable roof. Planners note that the Zoning Hearing Board had approved a flat roof and brick exterior. Planner Katie Lynch noted, "We want the outside look to be as authentic as possible."

The Silk Mill was represented by Mickey Thompson, who strangely also serves as Solicitor to the Zoning Hearing Board. "Our intent is not to do a switcheroo," he said, adding it is no problem to match the existing buildings.

Planners ultimately gave Silk Mill a green light, but insisted that the new building be flat-roofed, all brick exterior, and match surrounding buildings.

16 comments:

Mitch Cumstein said...

Zoning historically was designed to protect the health, safety and welfare of the citizenry by preventing overcrowing and unsafe conditions and uses of land. To that extent it was minimalist in design and scope; and confined to populated areas. Starting in the 1980's, suburban and rural municipalities in this area began passing zoning ordinances to restrict or prevent specific uses.

Today, zoning ordinances regulate everything and anything down to the height of fences, with hefty daily fines if you refuse to comply.

So, Bethlehem wants us to embrace the new friendly zoning ordinance. It's tyranny. Period.

Anonymous said...

hey bern
you want a story look how many solicitors to zoning boards also represent people seeking variances. ( think blake marles)

Bernie O'Hare said...

I knew Blake Marles hands out a lot of money to people running for local office, In ths cycle, he's givig to Emrick in NC. Not a lot. It could be he just has an interest and expresses it w/ $ instead of by planting signsor knocking on doors.

But I think overall, your suggestion is a good idea for a future post.

Anonymous said...

"Zoning historically"

That's funny, b/c zoning isn't historical. It came about in the 1920's and 1930's and was advocated by developers in the 1940's and 1950's to cut their development costs.

Zoning ordinances regulate everything b/c under US caselaw, you must account for every conceivable use or the developer will file a federal lawsuit stating that his 14th amendment rights are being violated. It's tyranny b/c the developers wanted it. well, they got it.

Anonymous said...

Mikey has recussed himself from any ZHB hearing involving that development and did not represent that client before the ZHB (Jim Preston was their attorney). The ZHB brought in a special solicitor in Mikey's place.

Bernie O'Hare said...

It's certainly no technical conflict for Bethlehem's ZHB Solicitor to represent a party on a matter that is in front of the Planning Comm'n. But I believe it creates an appearance of impropriety that should be avoided. A Zoning or Planning Solicitor should decline any cases in a private capacity before either board. The two offices are too closely related. Yesterday, what happened at the ZHB suddenly became an issue. I will try to discuss this with Att'y Thompson and get his persepective.

Anonymous said...

Upper Saucon Township's new zoning ordinance is more than 400 pages of "friendly zoning".

Anonymous said...

Anyone know why Bethlehem allowed that new billboard (under construction) at the entrance to S. 378 near Perkins?

Anonymous said...

Zoning is one of the most horrific government intrusions into people's lives.

Anonymous said...

Anonymous said...
Mikey has recussed himself from any ZHB hearing involving that development and did not represent that client before the ZHB (Jim Preston was their attorney). The ZHB brought in a special solicitor in Mikey's place.

10:46 AM


Yea but this guy knows the "secrets" of who wants what and who may be coming before
both zoning and planning. He should have resigned from his post before presenting his apt. complex plan to zoning. Totally inappropriate.

Anonymous said...

O'Hare,

How come you never mentioned the "appearance of impropriety" of Broughal and Devito through Jim Preston representing Atiyeh in the Treatment Center, when Broughal and Devito are the Township Solicitors.

Anonymous said...

Yeah right on the zoning. Actually, what is being described by Heller is some of the most cutting edge zoning and is inherently difficult to understand and administer. Lots of luck to the City on this one.

Anonymous said...

Anonymous said...
Yeah right on the zoning. Actually, what is being described by Heller is some of the most cutting edge zoning and is inherently difficult to understand and administer. Lots of luck to the City on this one.

8:41 PM

Gosh, ya don't think they did it on purpose?

Bernie O'Hare said...

"How come you never mentioned the "appearance of impropriety" of Broughal and Devito through Jim Preston representing Atiyeh in the Treatment Center, when Broughal and Devito are the Township Solicitors."

I was unaware until it was pointed out and then said I do think that presents the exact same problem. But my question is why nobody was raising it.

Bernie O'Hare said...

The new zoning ordinance is a proposed ordinance and there will be a lot of opportunity for the public to look it over and raise concerns. Overall, it strikes me as an improvement.

Anonymous said...

Bernie said:

"The Silk Mill was represented by Mickey Thompson, who strangely also serves as Solicitor to the Zoning Hearing Board."

When the Silk Mill went before the Zoning Hearing Board on Wednesday December 16, 2009 at 7:00 PM, did Mikey recuse himself?

Not certain about this one, but worth checking out!

6. 238 W. Goepp Street
Appeal of Silk Mill Partners, L.P. to alter the former land development and parking plan previously approved by the Zoning Hearing Board on August 26, 2009.
In lieu of razing three buildings, the three structures will remain for future apartment use. In the new west parking area, 8 spaces require the following dimensional variances:

The minimum distance from parking spaces and drive aisles to Building D; required – 15’, proposed – 5’.

The minimum required parking stall width; required – 9’,proposed – 8’.
The minimum required stall depth; required – 19’, proposed – 17’.

(Articles 1307.02.b refers to 1305.02.b.2, 1322.f.5, 1307.04 refers to 1319.03, 1319.03.a.1 and 2, 1325.06)

Record Lot – 3.2126 acres RT – Residential Zoning District

****

When the Silk Mill went before the Zoning Hearing Board on Wednesday August 26, 2009 at 7:00 PM, did Mikey recuse himself?

No, he did not!

2. 238 W. Goepp Street
Appeal of Silk Mill Partners, LP for dimensional variances to construct a 215’ x 50’ four story multi-family building with 96 units. The building will be to the rear of an existing silk mill structure, approved for 55 dwelling units. The total proposed dwelling units on the property would be 151. Also, the applicant requests dimensional variances from the off street parking design standards. Maximum allowable dwelling units – 116, proposed – 151; Maximum allowable length of building – 160’, proposed – 217’;
Minimum distance from parking spaces and drive aisles to new building – 15’, proposed – 5.5’;
Minimum parking area setback abutting residential lots (221-233 W. Fairview Street) – 10’, proposed – 0’; Minimum buffer between parking areas and street line (W. Goepp Street) – 3’, proposed – 0’; Required screening (fence, wall, evergreen plantings) between the parking area and residential lots that abut directly or across a street (221-233 W. Fairview Street and W. Goepp Street) – proposed-no screening Minimum required parking stall width – 9’, proposed – 8’;
Minimum stall depth – 19’, proposed – 55 of 306 - 17’;
Minimum width of drive aisle for two-way traffic – 25’, proposed – 24’; No parking area exceeding 40 cars permitted without 6’ wide planting strip buffer – proposed-68 without buffer (Article 1307.02.b refers to 1305.02.b, 1322.f, 1307.03, 1318.01, Table A-2, 1307.04, 1319.03, 1319.03.a.1, 2 and 4, 1319.03.f, g, h, 1322.f.5.1, 1322.04.f.5.II, 1325.06).

Record Lot – 3.2126 acres RT and

RM Residential Zoning Districts

****

The records show that he did not recuse himself on August 26, 2009. Call the Zoning Office, check it out!

Nice quality double dipping legal help for the ZHB!