Appeal from the Order of the Court of Common Pleas of Dauphin County in case of Harrisburg Fore Associates v. Board of Supervisors of Lower Paxton Township, No. 857 January Term, 1974.
Bruce E. Cooper, with him Cooper, Friedman & Butler, for appellant.
Richard H. Wix, with him Wix, Wenger & Weidner, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.
[ 21 Pa. Commw. Page 138]
This is an appeal by Harrisburg Fore Associates (Appellant) from an order of the Court of Common Pleas of Dauphin County which affirmed the disapproval of a preliminary development or subdivision plan by the Lower Paxton Township Board of Supervisors (Appellee).
On November 15, 1973, Appellant submitted a preliminary development plan to the Lower Paxton Township Planning and Zoning Commission describing a proposed townhouse-apartment complex of 708 units called "Pond Ridge Village" on a 79 acre tract in the township. The tract is irregular in shape, with its present vehicular access limited to a 620 foot broken frontage along Union Deposit Road. The plan provided for a density of 8.96 dwelling units per acre and a projected population of approximately 2,500 residents over a seven year construction period. When the plan was first submitted, the property was zoned R-2 which permitted the multi-family use and density proposed by Appellant, but since then it has been rezoned to effectively prohibit the use.*fn1 On
[ 21 Pa. Commw. Page 139]
November 28, 1973, the Planning and Zoning Commission recommended approval of the plan as submitted subject to its modification to indicate the existing cartway and right-of-way of Union Deposit Road, and the names of the owners of the property adjoining the tract. Both conditions were met before the plan was referred to Appellee for a final decision under the mandate of Article 1115.02 of the Township Codified Ordinances.*fn2 On February 21, 1974, Appellee formally rejected the plan and cited five violations of the township subdivision ordinance, two of which are pertinent to this appeal: 1) the two means of ingress and egress from the tract to Union Deposit Road were found to be inadequate to handle the anticipated traffic generated by the development, a violation of Article 1117 of the ordinance; and 2) the traffic generated would overload Union Deposit Road, again in violation of Article 1117 of the ordinance and Section 105 of the MPC, 53 P.S. § 10105.
A timely appeal was taken to the court below pursuant to Section 1006(1)(a) of the MPC, 53 P.S. § 11006(1)(a). It took additional evidence and entered the following findings of fact in support of its affirmance:
"1. A proposed development of 700 units would produce approximately 5,000 vehicle trips from the development alone.
[ 21 Pa. Commw. Page 140]
"2. Union Deposit Road in the area of appellants' property had, in 1972, according to the Pennsylvania Department of Transportation traffic ...