435 Pa. 264 | Pa. | 1969
Opinion by
Appellee is the Community College of Delaware County, an institution created pursuant to the Community College Act, Act of August 24, 1963, P.L. 1132, §1 et seq., 24 P.S. §5201 et seq. The college was established on March 1, 1967, sponsored by twenty-one local school districts, not including the Marple-New-town School District. The college commenced operations in temporary facilities in September, 1967. On May 1, 1968, the college entered into an agreement to purchase certain property for a permanent home, the sale being conditioned on the college’s obtaining zoning approval.
The tract in question is located in a primarily residential area, and is zoned R-A and R-B residential, the two highest zoning classifications in the township. Of the tract’s 122 acres, approximately four are to be used for buildings, 34 for parking areas and roadways, with the remainder (approximately 68%) to be maintained
The Zoning Board of Adjustment held a hearing and denied the college’s application for a special exception. On appeal, the Court of Common Pleas of Delaware County took no additional testimony, but accepting the facts found by the Zoning Board ruled that the Board’s reasons for denying the application were legally insufficient, and thus ordered the college’s application to be granted. We agree with the excellent reasoning and decision of the court below and affirm its decree.
Initially we must note that §301(2) and §401 of the Marple Township Zoning Ordinance allow a special exception in R-A and R-B zones for “educational, religious, or philanthropic use, hospital or sanitarium.” Appellants argue, however, that a community college is not an “educational use” within the ordinance, which they apparently would apply to only elementary and secondary schools, public, private and parochial. Appellants then argue that since the community college cannot properly be granted a special exception, and since it requires too great a change in the zoning scheme to receive a variance, cf. Di Santo v. Zoning Board of Adjustment, 410 Pa. 331, 189 A. 2d 135 (1963); Crafton Borough Appeal, 409 Pa. 82, 185 A. 2d 533 (1962), the Board could not validly grant the college’s application.
We cannot accept appellants’ contention that a community college is not an “educational use.” Without a contrary indication in the ordinance, we must assume that “educational” has been used in its logical and broadest sense. Gilden Appeal, 406 Pa. 484, 492, 178 A. 2d 562, 566 (1962). Viewed in this light, of
We next must consider whether under the circumstances of this case, the Zoning Board’s denial of the college’s application for a special exception was a valid exercise of the Board’s discretion.
The Board first maintained that the college would establish a “high density” use inconsistent with the township’s comprehensive plan. But most of the special exceptions allowed by the ordinance—other educational institutions, hospitals, clubs, fraternity houses, municipal recreation facilities, telephone central offices, railway and bus stations—would be “high density” uses as apparently defined by the Board. In reality, density as used in zoning parlance refers to population in the area in question, a factor to which the creation of a community college (or any of the other enumerated special exceptions) is not relevant. Significantly, in listing the factors to be considered by the Board in passing on special exception applications, §1306 nowhere refers to density, because none of the special exceptions allowed have any significant relation to a potential change in population density of a residential area.
The Board next relied on a potential sewerage problem to deny the college’s application.
The court below pointed out that once the special exception is granted, the college will still be required to make “appropriate arrangements [for sewerage] ... consistent with local ordinances and regulations and state statutes and regulations pertaining to sewerage disposal. ... If expansion is required, then it should be accomplished.” We are in accordance with this view; the Board could not properly make a broad scale zoning decision simply because of a potential sewerage problem in the future.
Finally the Board ruled that granting the special exception at issue would create potential traffic problems detrimental to the community. The evidence on this issue was in conflict, and we agree with the court below that the township failed to meet its heavy burden in establishing that the increased traffic would have a “high degree of probability” of causing a serious detriment to the community. See Lower Merion Township v. Enokay, Inc., supra; Archbishop O’Hara’s Appeal, supra. We must accept the proposition that in contemporary society, development and progress are likely to bring with them increased traffic, but this simply is not sufficient, standing alone, to justify the refusal of an otherwise valid land use. Archbishop O’Hara’s Appeal, supra.
The order of the Court of Common Pleas of Delaware County is affirmed.
Section 1307 pertinently provides: “A. Public school, private school, parochial school, school dormitory, church, reUgious use, philanthropic use, hospital or sanitarium for human beings not heretofore erected or established shall provide for adequate off-street parking in the roar or sides of the building to accommodate its staff and a reasonable anticipated number of students, parishioners, members, visitors or persons in any way accommodated or using the grounds and buildings of such institution.”
In acting on an application for a special exception, the Board under §1306 of the ordinance is to consider: “A. The size, scope, extent and character of the exception desired. B. The character and type of development in the area surrounding the location for which the exception is desired. O. Whether or not the proposed exception would be an appropriate use in the area or whether it would be detrimental to the surrounding area. D. The zoning classification of the area affected. E. The number, extent, and scope of non-conforming uses, if any, in the area. E. The anticipated future development of the area. G. The effect, if any, on the properties in the area. H. The effect on traffic in the area. I. Whether or not the proposed exception would affect the health, safety, morals, and general welfare of the people and residents in the surrounding area. J. In the granting of special exceptions, the Board of Ad
The Board apparently believed that as a matter of law, the college was not entitled to a special exception until it established “that it is entitled or that it has been granted the right to tie into a municipal sewage disposal system.” No such requirement is set out in the zoning ordinance as a condition precedent to obtaining a special exception, and the Board’s view of its power thus was in error. However as we read the Board’s opinion, it appears also to conclude that the college’s presence would be damaging to the health and welfare of the community because of the sewerage problem that would be created. Since community health and welfare is a standard to be considered in granting a special exception, we must thus review the Board’s decision on this ground on the merits.