ABINGTON TOWNSHIP AUGUST 26, 2021 - VACANT PROPERTY REVIEW BOARD
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
ABINGTON TOWNSHIP
AUGUST 26, 2021
VACANT PROPERTY REVIEW BOARD
1
TOWNSHIP OF ABINGTON
_____________________
VACANT PROPERTY REVIEW BOARD
AGENDA
August 26, 2021
6:30 PM
There are three ways for the public to participate in the meeting: online, by phone, or an in-
person viewing room. Residents can access the meeting online, by a computer, iPad, iPhone or
Android at https://us06web.zoom.us/j/81459406671. This link will enable residents to hear
the meeting and see presentations. There will be no video capabilities. Residents, who are
unable to join online, can listen to the meeting by calling 1-929-436-2866 and entering the
meeting ID number 814-5940-6671 when prompted. Residents, who are unable to join online
or by phone, can watch, hear, and participate in the meeting in a viewing room at the Abington
Township Board Room located at 1176 Old York Road, Abington, PA 19001, 2nd Floor.
CALL TO ORDER
ROLL CALL
CONSIDER APPROVAL OF MINUTES
a. Consider Approving VPRB Meeting Notes of May 27. 2021
PRESENTATION
UNFINISHED BUSINESS
a. Action Items from May 27th Meeting Notes.
NEW BUSINESS
a. 1. Site Updates/Strategies
- 1829 Davisville Road
- 490 Tyson Avenue
2. Variance Requests
3. White Paper Status
PUBLIC COMMENT
ADJOURNMENT
2
BOARD POLICY ON AGENDA ITEMS
For Information Purposes Only
Board President Announcements
This item on the Board of Commissioners Agenda is reserved for the Board President to make
announcements that are required under law for public disclosure, such as announcing executive
sessions, or for matters of public notice.
Public Comment
Public Comment on Agenda Items is taken at the beginning of regularly scheduled Public Meetings
prior to any votes being cast. When recognized by the presiding Officer, the commenter will have three
minutes to comment on agenda items at this first public comment period. All other public comment(s)
not specific to an agenda item, if any, are to be made near the end of the public meeting prior to
adjournment. Public comment on agenda items at regularly scheduled Board of Commissioner
Committee meetings will be after a matter has been moved and seconded and upon call of the Chair for
public comment.
Presentations
Should the Board of Commissioners have an issue or entity that requires time to present an issue to the
Board, that is more than an oral description relating to an agenda item under consideration, The
Board may have that matter listed under Presentations. If nothing is listed under presentations, then
there is no business to conduct in that manner.
Consent Agenda
Items of business and matters listed under the Consent Agenda are considered to be routine and non-
controversial and will be enacted by one motion and one vote. There will be no separate discussion of
these items. If discussion is desired by Board of Commissioner Members, that item is to be identified by
the Board member and will be identified and removed from the Consent Agenda, and will be
considered separately at the appropriate place on the Agenda.
Unfinished Business
Items for consideration as unfinished business are matters that have been considered for action at a
public Board Meeting and have not been tabled to a date certain or voted upon.
New Business
Items for consideration as new business are matters that have been considered for action at the Board
Committee Meeting. It is Board practice to not introduce new business at Board Committee Meetings.
3BOARD POLICY ON PUBLIC PARTICIPATION
For Information Purposes Only
The Township shall conduct business in accordance with the Commonwealth of Pennsylvania Laws
governing the conduct of public meetings and only establish guidelines that shall govern public
participation at meetings consistent with the law.
Each commenter shall:
Direct their comments to the Presiding Officer;
Speak from the podium or into a microphone designated by the presiding officer;
State their name for the record;
Either orally or in writing provide their address for the record;
Have a maximum of three minutes to make their comments. Each commenter when speaking to a
specific agenda item, is to keep their comments relative to that identified agenda item;
Speak one time per agenda item;
When commenting on non-agenda items, the commenter is to keep their comments related to
matters of the Township of Abington, Montgomery County, Pennsylvania.
State a question to the Presiding Officer after all commenters have spoken, and;
Be seated after speaking or upon the request of the presiding officer;
Not engage in debate, dialogue or discussion;
Not disrupt the public meeting, and;
Exercise restraint and sound judgement in avoiding the use of profane language, and the maligning
of others.
4township of abington
Office of the Township Manager
MEETING NOTES
May 27, 2021 6:30 p.m.
TO: Richard J. Manfredi, Township Manager
DATE: MAY 27, 2021
SUBJECT: VPRB MEETING
REFERENCE: VPRB MEETING OF MAY 27, 2021 VIA ZOOM
ATTENDEES: BOB GREAVES, CHAIRMAN, DAVID FORBES, LUCY STRACKHOUSE, MICHAEL SCHLAGHAUFFER,
SHAUN LITTLEFIELD, NATHAN VASSERMAN, MARIA WYRSTA, ADMINISTRATIVE MANAGER
SUMMARY: AS FOLLOWS
General Discussion:
Meeting notes from April 22, 2021 were approved.
Site updates: 1811 Horace Avenue property was removed from the list as they applied for permits to
renovate; there was an agreement of sale for a dental office at 1125 Easton Road, but that fell through
due to underground oil tanks in which the owner did not want to pay to have them removed; 490 Tyson
Avenue property will be put up for sale; and the Lazy Boy store will be closing and a medical marijuana
dispensary will be moving in.
Property located at 1829 Davisville Road: a photo was presented showing the words “RENT” in large
red letters painted on the front of the building, although the property owner has paid registration fees to-
date. Ordinance No’s. 2097 and 2098 includes language that the Board shall review the condition of
vacant buildings and the effects on nearby neighborhoods and businesses as well as promoting efforts to
solve vacant buildings.
Ordinance No. 2098 provides the Board the ability to investigate and examine vacant properties and
there is a list of criteria for a building to be determined blighted, and this property has not been
rehabilitated within one year of notice, so should it be determined blighted.
1176 Old York Road | Abington, Pennsylvania 19001 | Phone: (267) 536-1000 | www.abington.org
5The 2017 Zoning Ordinance includes language that the Township can control signage and that the sign
does not pose a hazard and that the visual impact is appropriate to the community. There are
maintenance requirements that the sign should be kept in good repair and that no sign shall be painted on
any building unless approved by the Township. Real estate signs are exempt if it does not exceed 16 sq.
ft. and are ground mounted, so the “RENT” painted signs on the building do not meet requirements of
the zoning ordinance.
It was suggested sending the property owner a letter citing sections of the 2017 Zoning Ordinance noting
that the property does not meet the requirements. Also, it was questioned whether the provision of
“notice to rehabilitate” needs to be linked to a code violation and that will be verified with Township
Solicitor. Also suggested was to invite the property owner to a VPRB meeting to discuss these issues.
VPRB agreed to place this matter back on next month’s agenda.
Variance requests: None.
GIS status: VPRB web mapping system was approved by Township Manager. The mapping system will
be updated to include zoning information and then posted on the Township’s website.
Action Items and Responsibility:
Verify with Township Solicitor provision of “Notice to Rehabilitate” needs to be linked to a code
violation.
Place the matter concerning property located at 1829 Davisville Road back on next month’s agenda.
VPRB mapping system will be updated and posted on Township’s website.
Next scheduled meeting will be Thursday, June 24, 2021 at 6:30 p.m.
Meeting adjourned at 7:50 p.m.
Liz Vile, Minutes Secretary
67
White Paper
Potential Tools to Address Blighted Properties in Abington Township
Abstract
The Vacant Property Review Board (VPRB) was established to investigate vacant commercial
properties within Abington Township to determine if they are blighted. Ordinance No. 2098, § 49-2. B,
defines a “Blighted Property” as one that meets any one of the nine conditions listed.
The VPRB is requesting a legal clarification on the interpretation and application of the language cited
in § 49-2. B.8 which defines a “Blighted Property” as one “...which is vacant but not tax delinquent,
which has not been rehabilitated within one year of the receipt of notice to rehabilitate from the
appropriate code enforcement agency.”
In addition, the VPRB is requesting an opinion regarding whether the 2017 Abington Zoning Ordinance
can be applied to a historically vacant property which predates this Ordinance and, if so, whether it can
be used to support the notice to rehabilitate referenced in § 49-2. B.8 or be used in support of an
independent notice of violation.
Problem Statement
The VPRB is examining a property, located at 1829 Davisville Rd, that has been vacant for an
extended period of time, beginning before the effective date of Ordinance No. 2098. The owner
continues to pay registration fees required by Ordinance No. 2097; however, the building remains
vacant and boarded, with unsightly for rent signs painted on the front of the building. The signage does
not meet the requirements of the current Abington Zoning Ordinance 2017, Article XXII. The VPRB is
attempting to determine how § 49-2. B.8 can be applied to this or any other vacant commercial
property; or alternatively, whether Abington Zoning Ordinance 2017, Article XXII, can be used as the
basis for a notice of violation for non-compliance with signage requirements.
Background
The grounds around the property have been generally maintained; however, the property has remained
unoccupied for several years. The owner has kept up with registration fees required by Ordinance
2097, but appears to have done little to renovate, rent or sell the building. The signage remains
unsightly and does not comply with the requirements of Section 2200 in Abington Zoning Ordinance
2017. A recent picture is attached to this White Paper.
Potential Solutions
The Board discussed two potential options that might be implemented.
Option 1: Issue a “notice to rehabilitate” by Abington Code Enforcement to the property owner in
accordance with Ordinance 2098. Section 49-2. B.8 follows the original language passed by the
Pennsylvania General Assembly, 1945 Act 385, and appears to be a good fit for this property.
However, the VPRB had several questions regarding its potential use. For example, what are the
prerequisites for issuing a "notice to rehabilitate"? Would it require a code violation? If so, which
Township codes would apply, (i.e., most recent or those at the time the property became vacant?)
8Option 2: Issue a “notice of violation” under Article XXII of the 2017 Abington Township Zoning
Ordinance. Section 2200 of Article XXII gives the Township the authority to control signage such that
they do not pose a hazard and to ensure the visual impact is appropriate to the community. After
reviewing a recent photograph, the sign does not appear to comply with the following requirements of
Article XXII, Section 2200:
● Section 2202.A (Maintenance Requirements) which states signs shall be kept in good repair;
● Section 2205.C.7 (General Regulations; Location of Signs) which states that no sign shall be
painted on any building unless approved by the Township; and
● Section 2206 which states that real estate signs advertising the property for lease, rent, or sale
are permissible as well as exempt from permit requirements if they are ground mounted and not
exceed 16 square feet nor a height of 4 feet.
In discussing this option, it was not clear to the VPRB whether the requirements of the 2017 Abington
Township Zoning Ordinance applied or whether the property was grandfathered under a prior code.
Conclusion
The intent of Abington Township Ordinances 2097 and 2098 is to assist the Township in protecting the
public health, safety and welfare by monitoring vacant non-residential buildings, to assess the effects of
the condition of those buildings on nearby businesses and on the neighborhoods, as well as to promote
substantial efforts to rehabilitate, rent or sell such vacant buildings. Over the past several years, the
VPRB and Code Enforcement staff have encouraged the property owner to do so without any
significant change or improvement to the property. The VPRB would like to move forward using one of
the options or combination of options listed above after receiving input from the Township Solicitor.
References
Abington Township Ordinance No. 2097
Abington Township Ordinance No. 2098
Abington Township Zoning Ordinance 2017
Pennsylvania General Assembly, 1945 Act 385
Picture of 1827 Davisville Rd, April 2021
910
You can also read
