Carlisle council rezones three East High Street parcels to Urban Mixed Use; private covenants may limit near-term change

Carlisle Borough Council on April 10 adopted an ordinance rezoning three parcels along East High Street to the Urban Mixed Use district to encourage walkability, infill development and a mix of residential and commercial uses.

The rezoning affects parcels within the area described in staff materials as the Carlisle Point Plaza (sometimes referenced as Carlisle Plaza Mall) and was the subject of a public hearing earlier in the meeting. Councilor Shiles moved to enact the ordinance and the motion was approved in the affirmative by council.

Staff planner Jared (borough planning staff) opened the public hearing with a multi-year summary of work that led to the rezoning request, including a December 2022 staff memo on incremental zoning reform, a land use reform subcommittee, a corridor study with a Dickinson College student in early 2024, and a small-area plan grant awarded in November 2024. Jared said staff used local photos to show differing urban and suburban contexts along East High Street and presented shared-parking text amendments and other design considerations during workshops leading to the hearing.

The public hearing drew both landowners’ representatives and members of the public. Charlie Courtney, attorney for Point Plaza LLC and counsel for prospective buyers Newman Development and Equity Development Partners, said the property is encumbered by lengthy recorded covenants, conditions and restrictions (CCRs) that sharply limit what can be done without consent of all owners. "The rezoning does present a challenge, because of those restrictions," Courtney said, and he noted conflicting page counts in the record, telling council the CCRs are "32 pages" while planning staff had recalled about "40 pages." Courtney said the CCRs define where buildings and parking can be placed and that "anything outside the building area is a common area. And so doing things like... greening up that parking lot... would be prohibited without the consent of Lowe's property." Courtney said his clients are working on plans to reuse existing buildings and that Newman Development has filed a site application for a convenience-store proposal on a portion of the site.

Resident and business owner Ralph Miller spoke in favor of rezoning, saying new zoning would allow nontraditional, smaller-scale businesses and help underused properties return to productive use. Former council member Connie Byers asked for clarification about the proposal and the effect of zoning, and Jared and Courtney explained that the Urban Mixed Use district allows a mix of residential, commercial and light industrial uses and establishes build-to standards intended to orient buildings toward the street.

Council discussion and earlier staff workshops emphasized the stated goals of improving pedestrian access, reducing excessive surface parking, and encouraging reinvestment at a key borough gateway. Council also directed the borough solicitor to prepare and advertise additional text amendments to the zoning ordinance (see separate item discussed later in the meeting) intended to refine build-to and design standards.

Council adopted the rezoning ordinance at the same meeting. Council members voting in favor were recorded by roll call during the vote.

Implementation caveats: planning staff and the attorney for the property owners both told council that the recorded CCRs are privately binding and will require negotiation with multiple owners — in particular Lowe's — before substantial reconfiguration of parking or building footprints could proceed. Staff said the borough's authority under the Municipalities Planning Code allows adoption of zoning changes, but it cannot by itself remove private covenants; redevelopment that relies on changes to common-area restrictions will require the consent of affected owners or other legal remedies.

Looking ahead, staff said the borough plans to issue a request for proposals tied to the small-area plan grant and to continue stakeholder outreach if the formal rezoning remains in place. Developers present said they have prepared reuse renderings and plan to coordinate next steps with borough staff and property owners.

Ending: The ordinance rezoning the three specified parcels to Urban Mixed Use is now part of the borough zoning map; the timeline and extent of physical changes on the ground will depend on subsequent private negotiations over the recorded covenants and any design work completed under the borough’s small-area planning grant.