Proposed C1 Zoning Change ... 92-Bed Assisted Living Facility on 1-Acre in Tredyffrin Township

Residents from the Daylesford neighborhood along with other Tredyffrin Township residents made their opinions known at Thursday’s Planning Commission meeting. With the exception of one person, all others spoke against the proposed C1 zoning ordinance change and the assisted living facility plan for the old Jimmy Duffy catering site on Lancaster Ave. in Daylesford.

The president of Daylesford Neighborhood Association, Trisha Larkin, presented a powerful 20-min. power point presentation, which explained the timeline to date for the C1 zoning ordinance change and the rationale behind the resident’s objections to the proposed assisted living project.  It was obvious from their reaction, that some audience members and Planning Commissioners were not fully aware of the timeline and ‘how in the dark’ the most-effected neighbors were in regards to this proposed project. (Click here to review the timeline.)

A couple of things were striking about the comments from Larkin and other community members … in a word, R.E.S.P.E.C.T.   I have attended many Planning Commission meetings and often neighbors become very vocal in their opinions, and at times agitated and disrespectful to the planning commissioners, staff and/or applicants.  Not so at this meeting.  A steady stream of residents offered their positions on the proposed C1 zoning change; their comments delivered with the utmost respect.  Although the vast majority of residents were either opposed to changing the C1 zoning to permit an assisted living use and/or asked for additional restrictions to be added to the zoning change, those choosing to comment did so with respect for the developer, his attorney, township staff and Planning Commissioners.

The other striking theme to the discussion on the proposed assisted living project was the process itself.  The planning commissioners acknowledged that they have been working on this project with the developer Ed Morris of Berwyn Real Estate and Gerald Farrell of Capital Health Service, for over 2 years. Yet the residents most-effected by the proposed assisted living facility only found out about in January of this year. By the time the Daylesford Neighborhood Association were aware of the proposed C1 zoning change, Morris and Farrell along with their attorney Denise Yarnoff, had attended several Planning Commission meetings.  Morris openly declared at these public meetings that there was no opposition to the project from the neighbors.  Resident after resident pointed out, they could not support (or oppose as is the case) a project that they knew nothing about.  Unfortunately for Mr. Morris,  he misspoke when he portrayed the neighbors supported this project … as evidenced by their comments, nothing could be further from the truth.

In addition to Daylesford neighbors, the proposed C1 zoning ordinance change brought questions and concerns from other township residents in attendance.  Berwyn resident Andrea Felkins asked about the definition of ‘assisted living’ versus ‘personal care facilities’ … how was it defined in the municipal zoning code, what was the difference? Her questions hit a cord with Planning Commissioner Ed Sweeney who in his remarks, referenced Felkins question, and asked for clarification from township staff and/or solicitor for the August Planning Commission meeting. 

Tredyffrin Township solicitor Vince Donahue provided an opinion letter in regards to the grandfathering usage of parking on the 1-acre R1 parcel of the Duffy property. Although the Jimmy Duffy property has remained abandoned for several years, Donahue is of the opinion that the nonconforming use of  the parking remains available to the owner.  Paoli resident and attorney John Petersen disagrees with Donahue’s opinion, believing the nonconforming use of the R1 parcel for parking has lapsed and offered his comments.  For the record, the assisted living project can only ‘work’ on the Jimmy Duffy site, if the applicant is able to have the continued use of the R1 parcel for parking in addition to the 1-acre C1 parcel. 

It became clear as the evening progressed that any type of C1 zoning change needed to include additional requirements. The developer’s suggestion of 92 beds, 79 rooms on 1-acre in the proposed assisted living facility is a level of density that is not acceptable to the residents present at the meeting.  It was apparent to the Planning Commissioners that there were too many unanswered questions surrounding the C1 zoning ordinance change for them to move the proposal forward.  The applicant’s attorney agreed to add restrictions to the proposed text amendment and re-submit for the August Planning Commission meeting. 

So … what’s next in this process?  Where do we go from here?  Further discussion of the proposed C1 zoning ordinance change is scheduled for the August 16 Planning Commission meeting.  It is anticipated that the developer and his attorney will present an updated version of the zoning ordinance change; hopefully it will include additional regulations and requirements.  Although the focus is on the Jimmy Duffy site, any changes to the C1 zoning are township-wide.

To read statements from Daylesford and other township residents on the proposed C1 zoning change, click here for the full story.

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