Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Boyce Road Partnership v. The Municipality of Upper St. Clair, SA 303 of 1985.
Joan P. Feldman, with her, Robert N. Hackett, for appellant.
Lynn E. Macbeth, with him, Walter A. Koegler, for appellee.
Judges Doyle and Palladino, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Palladino.
[ 109 Pa. Commw. Page 400]
This is an appeal by the Municipality of Upper St. Clair (Appellant) from an order of the Court of Common Pleas of Allegheny County (trial court) reversing a denial by the Upper St. Clair Board of Commissioners (Board) of a conditional use permit for the construction of a planned office center (POC) to Boyce Road Partnership (Developer). For the reasons which follow, we reverse.
In 1975, Developer purchased a parcel of real property approximately forty-two (42) acres in size and located in Upper St. Clair Township. At all times relevant hereto, this parcel was zoned RM-P Planned Restricted Light Industrial District.
Pursuant to a master plan for the development of the entire tract, Developer applied for tentative approval of Phase I of the POC in 1977. A POC is permitted in an RM-P district as a conditional use.*fn1 Approval is obtained in two phases, tentative and final. Tentative approval often contains conditions which must be satisfied prior to the grant of final approval.
After both tentative and final approvals were secured, Developer constructed two office buildings, completing the first in 1979 and the second in 1981. On February 6, 1984, Boyce Plaza Road, abutting these office buildings, was accepted by Appellant.
[ 109 Pa. Commw. Page 401]
In February of 1981, Developer started the application process for Phase II. Phase II consisted of an office building and a hospital. Amended tentative approval was granted on October 4, 1982, subject to, among others, the following conditions:
11. That the following phasing schedule for filing for final approvals be followed:
Phase 2 -- Lot 3A -- not later than 12 months from filing of Phase I (the parcel of land lying west of the Stop N Go building adjacent to Chartiers Creek) and after satisfactory completion of installation of all public and private improvements serving Boyce Road POC (that parcel of land containing the Stop N Go headquarters building) and Phase I of Boyce Plaza Complex including installation of ...