Axel Properties land‑development plan moves forward with conditions on stormwater, site distance and homeowner declarations

Developers seeking to redevelop 210–214 West Washington (Axel Properties) presented final land‑development plans Oct. 8 to the Smart Growth Committee after obtaining zoning relief for increased building coverage.

The applicant had requested a variance to increase allowed building coverage from the district’s standard (reported as about 35%) to 45% to make eight dwelling units fit on the lot. Borough staff noted the prior building on the lot had covered roughly 88% of the parcel; the applicants said the proposed project substantially reduces lot coverage compared with the previous structure even though it exceeds the local coverage standard.

The applicant’s engineer explained that the zoning hearing board granted the relief with a condition to improve collection of roof runoff. The engineer said the design team changed the drainage layout from the preliminary plan to capture all roof runoff from every unit and route it through a stormwater bed; they reported the revised plan remains within the borough’s runoff‑rate compliance. They also described minor layout changes to meet site‑distance requirements at the Birds Eye/Patton Alley intersection by relocating a wider unit and moving steps back about one foot.

Borough solicitor Tom Estes drafted a resolution framing final plan conditions, and staff asked that condition language be revised so it does not reference preliminary plan elevations by date if the submitted architectural elevations change. Committee discussion also addressed homeowner‑association declarations: the plans show front stoops and planters extending into the right‑of‑way, and staff asked for indemnification language and for the features to be included in the homeowners’ declaration.

Environmental and timing questions

A resident asked whether a Phase I environmental site assessment had identified any underground oil pits or storage tanks; the applicant’s environmental consultant said the Phase I did not identify evidence of underground storage tanks. A neighbor asked when demolition would begin; the applicant’s builder was not present and demolition timing was not specified on the record.

Why it matters: the project reduces overall lot coverage compared with the previous building on site but required a zoning variance to achieve the proposed unit layout. The committee’s conditions are intended to secure better stormwater management and to document homeowner responsibilities when building features encroach into the borough right‑of‑way.

Actions and next steps

• Applicant to provide updated architectural elevations to planning commission and council for review before final approval; borough solicitor to revise condition language that references preliminary plan dates. • Committee indicated support for forwarding the updated final plan and solicitor draft resolution to the work session; no final council approval was recorded on the Oct. 8 transcript.

Speakers

• Scott — Applicant’s engineer (presenting technical revisions). • Aaron — Director (staff) who summarized zoning hearing board relief. • Tom Estes — Borough solicitor (resolution drafter). • Lisa Kearns — Resident (questioned possible underground oil pits).

Authorities

• Zoning hearing board relief (case discussed at previous hearing; parcel required variance from local building‑coverage standard). • Borough stormwater ordinance (referenced by engineer as governing runoff‑rate compliance).

Clarifying details

• Building coverage: applicant requested relief from ~35% to 45% to accommodate deeper units; previous building covered ~88% of the lot (applicant and staff statements). • Unit count: eight dwelling units (no change in unit count from preliminary plan). • Stormwater: revised plan captures roof runoff from all units and routes flows through a stormwater bed; applicant says revised design meets borough runoff requirements (source: applicant’s engineer). • Right‑of‑way features: front stoops and planters extend into the ROW; staff requested homeowner declaration indemnification and inclusion of planters/stoops in the declaration. • Environmental: Phase I environmental site assessment did not identify underground storage tanks (applicant’s environmental consultant). • Demolition schedule: not specified on the record (builder not present).

Actions extracted

• Motion (agenda): "Motion to approve final land development, 210 to 214 West Washington Street, Axel Properties." – mover/second: not specified in transcript. – outcome on record: no final vote recorded; solicitor’s resolution prepared and staff recommended revised language; committee indicated readiness to forward to the work session for further review.

Proper names

[{"name":"Axel Properties","type":"business"},{"name":"Birds Eye","type":"location"},{"name":"Patton Alley","type":"location"},{"name":"Tom Estes","type":"person"}]

Meeting context

Engagement level: moderate (applicant presentation, engineer Q&A, two resident questions). Implementation risk: low to medium (project has zoning relief but requires final plan approval and compliance with stormwater and ROW conditions). History: item was continued from a prior zoning hearing board meeting and planning commission review.

Searchable_tags:["210-214-West-Washington","AxelProperties","final_land_development","stormwater","zoning_variance","homeowners_declaration"],

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