This week the West Chester Planning Commission by a vote of 4 to 3 approved a proposal to build 128 residential apartments at 410 S. High Street, the site of the former Burger King. The vote came after another three-hour marathon meeting that included no fewer than three lawyers and a lot of back-and-forth over the actual height of the building and which of any of the five requested waivers should be allowed.
A couple of sticking points seemed to emerge –
How do we measure the height of the building? Developers removed a floor from the original design and argued the building now meets the 45-foot height requirement. Planning Commission members suggested the height was incorrectly measured and is over the allowable maximum height by a foot or two. It was suggested by storey, rather than footage, would be a better way to measure height. The revised building will be four stories on top of a parking garage on the Dean Street side of the sloped property. Three stories on top of a parking garage on the Price Street side.
How do we control traffic in the area? Under an updated traffic study reviewed during the meeting, it was estimated that traffic in the area would be similar to when the Burger King was in operation. While traffic remains a concern, the Developer’s traffic engineer pointed out that a residential development, like the one presented, was the least traffic-intense use the lot is zoned for.
Why does this project need a right-of-way waiver? The Borough’s Subdivision and Land Development Ordinance (SALDO) requires a right-of-way of 50 feet on a project of this scale. The developers had asked for a waiver from this requirement. To provide the desired right-of-way the building would need to be set back an additional five feet from the build-to line. Most residents and some Planning Commission members supported this option as it would shrink, if only slightly, the overall size of the building. Others thought it more important to retain the build-to line which helps provide for a consistent streetscape.
“My opinion is it is more important to match the integrity of the existing street,” said Planning Commission member Thomas Dougherty, who wanted to allow the waiver.
In the end, the developers agreed to provide the required 50-foot right-of-way removing the need for a waiver and giving residents a small win on size. With that change and a series of other stipulations including adding traffic control measures to Clinton and Boxwood Alleys, a re-review of the height calculations, and Tree Commission approval of landscaping modifications, the motion passed.
The preliminary designs now go to Borough Council for final approval. That decision is expected at the December council meeting.
Many – especially the Planning Commission members who have been with the project since its submission in February – expressed their gratitude to the developers for taking resident and commission feedback seriously removing street-level retail and lowering the height of the building. Still, it hardly seemed like a win. As Planning Commission member Allen Burke so aptly put it, the project felt like another example of the “Extonization” of the Borough.
Originally published, Dec. 1, 2023
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