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The Abington Citizens Network
where Abington, PA residents can share ideas and join forces to build a better community
 

 

Foxcroft

As proposed in Jan 2020
104 Units on 3.65 Acres

Foxcroft-Image-FrontViewWashingtonLane-Sml

 

The original story began in 1994  with Parking variances.

Then an application was presented in  2002 for  2  hi-rise apartment buildings - 78 units total

          An application by the Galman Group for two luxury apartment buildings with a total of 78 units located on Greenwood Avenue  near Washington Lane, along the access road for the shopping center with the Acme and Foxcroft Pavillion was put before the the Board in 2002 .    Each building is 5 stories high, and would have an underground parking garage.  Unlike the previous proposals for this particular site, this application, everyone was told, was conforming and  did not require any Zoning Hearing Board relief.  The plan was presented for review at the Township Planning Commission  August 27, 2002 .   It was reviewed and approved by the Code Enforcement and Land Development Committee at the September 3, 2002 meeting.  The full Board of Commissioners also approved this plan at the September 12, 2002 Board of Commissioners meeting, subject to 4 conditions. 

        Jenkintown Borough and a group of Jenkintown residents, however  appealed the approval of this application to the Court of Common Pleas. 
A 2003 Lawsuit filed  … claiming, among other things,  zoning officer Mark Penecale had erred when he said it conformed and did not need to go to the Zoning Hearing Board . .http://www.pacourts.us/assets/opinions/Commonwealth/out/1844cd03_8-6-04.pdf
|
        The Jenkintown Borough appeals  was  denied by the Court of Common Pleas http://www.pacourts.us/assets/opinions/Commonwealth/out/1844cd03_8-6-04.pdf    

        
 ......   as was the appeal by the residents 4 https://caselaw.findlaw.com/pa-commonwealth-court/1306546.html   
after which
an appeal  was applied  for by the Borough in Commonwealth Court. 

      The Court denied the appeals and and ordered the issue back to the Zoning Hearing Board to issue a “Permitted Use Zoning  or    Certificate


       Then, Jenkintown Borough & its residents appealed the issuance of the Use Certificate.  That appeal hearing was held March 17, 2005 before the Abington Township Zoning Hearing Board .......  ( and/or another appeal went to Common Pleas Court, who can keep up at this point - but you get the idea. )

In October of 2009, Abington Township, Jenkintown, and Development Unit Acquisition, LP (successor interest to Foxcroft Square Apartment Associates, L.P.) entered into a settlement agreement whereby the landowner is entitled to land development approval with administrative review only so long as it is "substantially in conformance"  with the plan as set forth in the Exhibit to the settlement agreement. That plan proposed 76 units in two four-story buildings. The plan for 76 units complied with the H-1 Unit Classification under the  zoning code at that time.

                                             
2009 images
  

In addition, the 2009 Settlement Agreement called for administrative review only of the land development plan despite   its failure to comply with the Abington Zoning Ordinance or the  Subdivision and Land Development Ordinance (SALDO)...... so long as it substantially conforms to the plan attached to the 2009 Agreement. 

2018
 Drawings of the current Plan are below that were presented to the Jenkintown Borough Council in October of 2018

THE 2020 PROPOSAL 

The Preliminary/Final Land Development Plan  proposed at the Planning Commission January 28,2020  consisted of s one building with 104 units.The height of the proposed building is lower than that in the original plan, and the building layout will cover less square footage than the previous plan.  Of note, a 76-unit apartment project complied with the zoning ordinance applicable at the time of the settlement agreement in 2009, but would not meet the current zoning ordinance.

So there will be no further public review.

 

 



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