Public Comment re: Wyndhill Park Open Space

Presented on this website by kind permission of Angela Murray

Angela N. Murray AICP
Michael A. Hinkelman
8205 Ardmore Avenue
Wyndmoor, PA 19038

August 8, 2011

President Harbison and Commissioners:

My name is Angela Murray and my husband, Michael Hinkelman is here with me tonight. We have lived at 8205 Ardmore Avenue for 14 years. As our letter of July 22nd makes note, we are immediate neighbors to the small Wyndhill Park, Tot Lot and Wyndhill Professional Center. We have enjoyed the quiet undisturbed use of our home throughout this time and have come to appreciate the wonderful unique nature of Old Wyndmoor.

As many of you know, I am a certified professional urban planner and work for a large municipality in Montgomery County as the director of economic and community development and planning. It was for my professional expertise in this area that I was recruited to join the Springfield Township Planning Commission several years back. I want to make clear that I am not speaking this evening as a member of the Planning Commission.

However, as a member of the Springfield Planning Commission, I was quite surprised when the Wyndhill Professional Center came in to add 36 parking spaces that had been held in reserve since they received Conditional Use approval in 1981. I believed at the time of their first presentation and I continue to believe today that this is an unnecessary removal of green space from Hartwell Lane. As we have observed, and as the testimony of the neighbors confirmed, the increased parking was not needed.

In addition, the Township has failed to make a change to their zoning ordinance that would require such reserved parking to be built to current code requirements that would include additional plantings, street trees and internal landscaping, etc. In addition, no traffic study was done as would have been otherwise required and none was produced.

At my insistence and with the support of the Planning Commission, the owners agreed to do a windshield survey and to return to the Commission with quantified evidence to show daily parking utilization. This was done reluctantly by the applicant who reached the expected conclusion that these additional spaces were warranted. Many neighbors showed up to oppose this unneeded change and many of those same neighbors are here tonight to oppose loss of any additional neighborhood open space at Wyndhill Park and specifically, the use of this area as an organized venue for soccer or lacrosse teams.

1. Zoning — Article V — A Residence District

Now, the small community of Wyndmoor is again faced with a serious loss of green space at Wyndhill Park. However, in this case, such a use would be illegal. This property along with most others in this part of Wyndmoor is located in the "A" Zoning District where "municipal recreational use" is not a permitted use. Such use is permitted only in the Multiple Use Residence District. Further, "community recreational facilities" are permitted only in the Institutional District and in no other. The "AA" and "A" Residence districts allow "playgrounds" as a permitted use which in this case would be the tot lot while a soccer or lacrosse field would be a "municipal recreational use" or "community recreational facility" and thus not permitted.

Don Lewis has twice requested and to date not received a determination from the Zoning Officer that such a use is not a permitted use in the "A" Residence District. We have asked for and have not received an "as built" plan for the existing conditions on the Wyndhill Park.

The redevelopment of the Hartwell Elementary School into the Wyndhill Professional Center was done pursuant to Springfield Zoning Code Section 114-139.1 that applies specifically to the "Conversion of school buildings in residential districts." This was an amendment to the Zoning Code made in October 1981 specifically to allow for this conversion. This conversion could only be done by Conditional Use hearing, which has higher standards to meet for making such a change in intensity of use in a residential district.

Section 114-139.1 has"general criteria" that must be observed and in section C. (2) the "Character of the surrounding area" must be considered as follows:

"The proposed conversion shall be such as will neither have an adverse effect on the neighborhood by reason of noise, glare or other noxious elements injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted in the Zoning District nor substantially diminish or impair property values within the neighborhood."

The purpose for the subdivision that created the open space was clearly to serve as a large buffer to the surrounding dense residential district to protect the neighborhood, preserve the area and protect property values.

The Township Manager advised me that the owners of Wyndhill Professional Center have given the Township the use of 26 parking spaces. The Conditions of Approval for the Wyndhill Professional Center require that the parking spaces be for the business use only. In fact, there is a sign posted near the Tot Lot that states: "Parking for tenants and visitors only. All others will be towed at the vehicle owner's expense."

Thus, the owner cannot enter into an agreement with the Township or anyone else to use those parking spaces as this would be in flagrant disregard of approved zoning requirements. If the Township has entered into such an agreement, they also are disregarding the Conditions of Approval. This would clearly be an inappropriate and likely illegal action.

The Wyndhill Center is already a non-conforming use as it relates to parking since the number of spaces that would be required under today's code for that use far exceeds the parking spaces provided even with the proposed addition of the reserved spaces. Thus, if such an agreement exists, it was not brought to the attention of the Planning Commission during our recent proceedings on this matter. If such an agreement exists, I again request a copy of such. There is no signage in place or on the approved plan directing the public to these allegedly authorized spaces other than for those going to or working at the professional offices.

2. Wyndhill Park Master Plan

Typically, an applicant for a change of use on a parcel must submit site plans and drawings showing what is intended to be done with the property. Here, there is no more than a letter from a private organization requesting that a public, passive park and open space be turned over to their use with the installation of "soccer goals on a more permanent basis." This letter was sent after a private meeting between the Director of Parks and Recreation and one Commissioner who does not represent the Wyndmoor neighborhood. As noted within the letter, this private group has numerous other sites that they use, but yet this small open space has been targeted for conversion without any transparent dialogue or discussion with the surrounding neighbors.

I was told that the Township Engineer would be preparing the regrading plan that would turn this open space into a soccer field. Thus, we will be using Springfield Township taxpayer funds to pay for the Township Engineer to prepare a plan that benefits a private organization whose members go beyond the confines of Springfield Township to the detriment of surrounding neighbors and in contravention of the Zoning Code. I find this to be a blatant mis-use of Township funds that will not be offset by the "gift" of funds that has been "offered" by this group.

Additional questions for the Board of Commissioners are: What are the conditions of use? Who will enforce these conditions? Who will pay for the full cost of such installation? Who will pay for maintenance? What are the plans for storm water management? Who will be responsible for the storm water run-off into our driveways and basements where my husband and I regularly do battle with the large storms that are now becoming the norm due to global warming? What attention has been given to the requirements imposed by the EPA and the Montgomery County Conservation regulations for such a use?

I have been told that this plan that proposes to change the use of the existing park would not be subject to review by the Planning Commission. There must be transparency to this process and to the regulation of all municipal property. The Township should hold itself up as a model for the community rather than to subvert its own rules and regulations at its whim. I would request that the Board direct the Solicitor to prepare an Ordinance requiring Planning Commission review of all proposed changes to municipal properties.

Over the last several weeks I have heard from some Commissioners that the need for soccer and lacrosse fields is a pressing one. However, as a professional planner, I have to question why there is no utilization study or analysis that has been produced (other than the April 30th letter from the Soccer Club regarding their goals) that proposes what the options are and also how this group will pay for these improvements wherever they may be made.

The 2008 Parks and Recreation Comp Plan recommends the completion of a Master Plan that improves Wyndhill Park. The cost for such a Master Plan, based on my many years of experience is probably in the range of $50,000 to $75,000. The general project costs for implementation in this document is about $245,000. The funds were to come from Montgomery County Open Space grants. Neither a Master Plan has been undertaken or completed nor grant funds received for implementation. In the absence of a Master Plan, such a helter-skelter approach is unwarranted and ill-advised. Within this same document is the conclusion:

"Wyndhill Park functions as a neighborhood park, but contains less acreage than is typically recommended for a neighborhood park."

If the park does not even meet the needs of the neighborhood, then certainly it cannot support the amount of use being proposed by the private Soccer and Lacrosse Clubs. Clearly, the intensity of use being proposed is not appropriate for this small open space. Finally, this neighborhood park will not be available for use by the neighbors who use it today since it will be in the full control of one or two private organization at the times when neighbors including other local children would otherwise have the use of this area of the park. This change of use is unacceptable to us and to our neighbors.

3. Comprehensive Plan

For the last year, the Township Planning Commission has been working with the Montgomery County Planning Commission staff on the required update to the Township Comprehensive Plan. This would be the appropriate venue to study both the need and the appropriate locations for such a use. As the Parks and Recreation Plan has already set out ranges of options, this work can be updated as part of the overall revised Comprehensive Plan which is required by the Municipalities Planning Code.

The 1998 Comprehensive Plan includes a conceptual plan for Wyndhill Park that adds one additional tennis court and preserves the Open Space as "Multi-Use Lawn Area", builds a 1.3 mile fitness/walking trail, adds additional trees and plantings and expands the existing playground. It does not propose to add any soccer, lacrosse or other intense recreation uses.

The Comp Plan, in its stated objectives for Open Space and Recreation lists the following:

"Create small green oases in the most intensely developed areas and to buffer incompatible land uses."

So many questions remain: What work has been undertaken to coordinate with the Springfield School Board to share the use of already available fields where parking, storage and other facilities are available? Has the soccer club submitted to the Board of Commissioners or Planning Commission or to the School Board a study that quantifies these needs, outlines where these should be located and proposes how they will be paid for by this group?

The fact that their use of other fields has resulted in overuse is not a reason to take out existing Open Space and burden a dense residential neighborhood with an equal amount of overuse.

4. Community wide concerns with the proposed use

Public Health and Safety: As residents of Wyndmoor know well, there has been a major increase in home invasions, burglary and car thefts over the last three (3) years. Our neighbor whose back yard directly adjoins the Tot Lot had his truck stolen from his driveway last year. My husband's car was also rifled through on that same night. Additional traffic and people from outside the area will only serve to exacerbate an already difficult problem for the police to patrol.

We are troubled and offended by the assertion that: "traffic congestion, parking problems and noise are not legitimate concerns." I would like to receive a written explanation as to why or how these are not legitimate concerns? Why do these clubs or others believe they have the right to violate the Township's codes for the use of neighborhood facilities? The Township Code specifically regulates traffic, parking and noise throughout the Township. Why do the club's proponents or the Commissioners believe that soccer or lacrosse clubs are exempt from such regulations?

Noise: I have been told that the sounds of children playing cannot be objectionable. However, the shouting of coaches, parents, grandparents, friends and others along with whistles, horns or loud speakers certainly is. As both my husband and I work long hours, we do not wish to be listening to this noise along with the din of additional cars, trucks and buses during the only times when we can be home and enjoying our property.

Traffic: There has been no traffic study as required either commissioned or produced to show what the impact of this excessive use and what proposals would be in place to mitigate these impacts.

Parking: As noted earlier, there is no public parking permitted other than for visitors and tenants to the Wyndhill Professional Center in that lot. This leaves only parking along Flourtown Road, Hartwell Lane and Gravers Lane. This is clearly unacceptable to us and to our neighbors.

My husband and I have a problem now with people driving down our driveway trying to get through to the Wyndhill Park. This problem will only increase with people unfamiliar with the neighborhood seeking access through our small private driveway.

5. Character of Old Wyndmoor:

Over the last year, the Planning Commission has reviewed several plans in Wyndmoor that call for the loss of open space, the subdivision of large lots and the development of structures that are out of character with the surroundings. At the last several meetings of the Planning Commission, the Chair, Bob Gutowski who lives and works at the Morris Arboretum, made an impassioned plea to the neighbors to understand what is happening to our wonderful neighborhood and work with us through the venue of the Comprehensive Plan to put needed controls in place including limitations on subdivisions, preservation of open space, architectural standards and other means to maintain our unique character. This was done in Chestnut Hill, Upper Dublin, Whitemarsh and other nearby municipalities and I submit that it must be done here in Wyndmoor. We will need everyone's help to do this.

6. The Solution

I have been told that the alleged "gift" of funds from the Soccer Club cannot be ignored by the Township. This group has many alternatives as noted on their own website that include existing fields with parking, facilities, storage, etc. The offered funds can just as well be used to make whatever improvements are needed at the other sites available that are more appropriate to such intensity of use, including:

• Bysher Field
• Cisco Park
• Veteran's Park
• Flourtown Country Club
• Hillcrest Park
• Antonelli Institute Fields
• Springfield Township School fields
• Elementary and Middle School fields
• Carson Valley
• Laurel Beech

First, we would ask the Soccer Club to withdraw their request tonight for the use of Wyndhill Park.

Second, we would ask the Soccer Club to work with Commissioner Heller, the Director of Parks and Recreation and the Planning Commission through the venue of the Springfield Comprehensive Planning Process to identify appropriate sites other than Wyndhill Park that can be used long term and meet the needs of the children they are trying to serve. Much of the available fields and their pros and cons are discussed in the Parks and Recreation Plan noted above.

Third, my husband Michael and I request the Board of Commissioners to deny the request of the Soccer Club or any other sports group to use Wyndhill Park Open Space for games, practice or other organized recreational programs.

We expect and hope that the commissioners will act in the best interests of the neighbors in this matter and not place an unnecessary burden on this unique open space.

Angela Murray & Michael Hinkelman