CONSHOHOCKEN An Upper Merion builder who was denied conditional use approvals for 615 apartments in four buildings by Borough Council last month is asking for zoning relief for the same project.
The developer, ONeill Properties Group of Upper Merion, asked the Conshohocken Zoning Hearing Board to grant variances to allow construction of the project on Thursday night during a three-hour hearing that was continued to another hearing date in December.
The four buildings would have four stories of apartments built over a single level of parking. Part of the 10.7-acre parcel at 401 Washington Street is located in the floodway of the Schuylkill River. Part of one building is located in Whitemarsh township because the township line bisects the building and the parcel.
Attorney Edmund Campbell Jr., representing ONeill Properties Group, said the variances requested were for parking and setback distances.
Engineer Mike Engel said the number of units had been reduced to about 588 units.
Engel said the edge of the buildings near the river was at the floodway line and the majority of the buildings are in the flood plain. A battery manufacturer and a pump manufacturer previously occupied the site. Remediation of the land has begun and will be completed with construction of impervious surfaces and new topsoil in grassy areas.
Storm water will be captured and discharged into the river, Engel said. Revised plans were made in response to comments and they were reviewed by the planning commission on Aug. 28.
A zoning determination letter on Sept. 20 from the borough caused an appeal from the developer, Engel said.
The open space plan includes 33.3 percent of open space on one parcel and 21 percent on a second parcel, while the minimum open space required was 15 percent.
Engel said a submitted landscaping plan provided the required number and size of replacement trees.
Campbell said the developer has always been willing to participate in a global parking study for several development projects on the Schyulkill River. Engel said the developer was submitting a traffic study next week to comply with the traffic study requirement.
Engel said the apartment unit sizes would be determined after the site plans are approved but would comply with borough regulations.
A proposed trail will be built 51 feet from the river bank.
On setbacks, minimum building setbacks will be 15 feet from the roadway right-of-way. The buildings fronting on Washington Street and Cherry Street are either 15 or 28 feet from the two right-of-ways. Buildings must also be 25 feet from any private or internal driveway.
Engel said the proposed buildings were 75 feet apart, which complies with a setback regulation. Landscaped islands, lawn area and trees are located between the buildings.
On parking requirements, Engel said the amount of parking complied with the 1.2 parking spaces for each apartment unit. He said 22, existing public parking spaces would be re-configured to be more efficient.
Campbell said Stetlers determination letter had defined the parking on the ground level under the buildings as surface parking.
Engel said that requirement for vegetated plantings to break up the surface parking areas were not intended to be underneath apartment buildings.
The apartments in the buildings must be elevated at least 1.5 feet above the floodplain elevation to avoid flooding of the apartments during major rainstorms. Many commercial and apartment buildings built along the Schuylkill River in Conshohocken have a similar parking scheme with parking located underneath buildings.
Weve asked for determinations that our setbacks and parking are compliant, Campbell said, or we are asking for variances for the two items.
Campbell said, we think this is covered parking. One reason we are here is that surface parking is not defined in the regulations.
Engel said there are 633 parking spaces for 527 apartment units in Conshohocken, which meets the parking ratio of 1.2 parking spaces for each apartment.
Board member Russ Cardamone Jr. questioned why the North/South driveway between the buildings was not considered an access driveway. Engel said it was designed for residents to drive slower and find parking spaces.
Chairman Richard Barton also questioned the definition of the North/South driveway.
Stetler questioned why there were no notes on the plan to dedicate the walking trail to the borough. Your impervious coverage is at 70 percent, which is required, but you have not indicated how much coverage is for each parcel, she said.
Fire Marshal Robert Zinni said the emergency roadway had to handle emergency vehicles that can weigh up to 80,000 pounds.
Conshohocken resident Ralph Webb asked the amount of open space that could be capped with clean fill. Engel said that asphalt was the most efficient way to cap soil that is contaminated.
Steve Forster, senior vice president of land development for ONeill, said that both the Conshohocken and West Norriton apartment developments had been a net positive impact on the two communities because the large number of single units attracted singles, couples or roommates but very few families with children.
There is a dramatic increase in building rateables but only a small increase in the number of children, Forster said. By adding new residents there has been an increase in the commercial areas of the borough.
Stetler said that the earned income taxes have not increased greatly. Council President Paul McConnell said most of the earned income tax revenue from new Conshohocken residents goes to Philadelphia because of state regulations.
Webb questioned the validity of traffic studies. I have a concern about adding this number of apartment units, he said.
Resident Sandy Piersol said the apartments will definitely increase traffic. Conshohocken is already at 35 percent rentals. This will decrease our home values. It will not add to our community.
Resident David Small said he was very concerned about the sewers and traffic problems. The developers need to alleviate both of those issues.
Barton said there was surface parking under the building and the developer needs to get a variance for the parking. The setback issue is more problematic, he said.
The board decided to meet in December to consider a revised plan with less parking lot access driveways onto the internal driveway add more driveways onto Washington Street.
Council held a conditional use hearing on Aug. 21 and voted to deny the conditional uses on Oct. 16.
The conditional use was recommended by the Conshohocken Planning Commission with several land development requirements, said Stetler. Campbell said at the conditional use hearing that the conditional use would allow the walking trail, two storm-water outfalls and several rain gardens to be built within 100 feet of the Schuylkill River bank.
Engel said that a small, triangular-shaped piece of the property, located in Conshohocken in front of the proposed Building 200, would be subject to the requirements for a conditional use.
Follow Carl Rotenberg on Twitter @CarlWriter.
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