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Manor Township Rezoning to Face Legal Challenge

by Michael Yoder
March 2, 2023
in Lancaster News
2
Manor Township Rezoning to Face Legal Challenge

Manor Township Manager Ryan Strohecker addresses the audience during a special meeting of the Board of Supervisors at the Manor Middle School on Feb. 23. (Michael Yoder/The Lancaster Patriot)

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Manor Township may be facing a lawsuit after the Board of Supervisors voted last week to rezone a farm on Donerville Road, impacting development of the land and the size of building lots.

The board voted unanimously to rezone 289 Donerville Road, known as “the Eshelman property,” from high-density flex zoning to low-density residential during a special meeting held at the Manor Middle School on Feb. 23. The 92.3 acre parcel was a potato farm owned by the late Guy Eshelman who passed away last May.

The Eshelman property abuts the Sutherland Village and Woods Edge developments off South Centerville Road. It has served as a popular flyway for migratory birds, including Canadian geese, that can regularly be seen in the fields.

In 2005, the land was zoned to permit high-density housing through the township’s 2007 comprehensive plan. Manor Township Manager Ryan Strohecker said the zoning change would go from around 425 homes permitted under the high-density zoning to around 175 homes under low density.

Both the Manor Township Planning Commission and the Lancaster County Planning Commission recommended against the supervisors making changes to the zoning on the land.

Strohecker addressed the crowd of about 75 people before the board took its final vote on Feb. 23, saying it was “pretty obvious that we’re going to be headed probably to the court system” because of previous discussions with the Eshelman family.

Strohecker refuted several arguments made by attorney Michael Traxler, who represents members of the Eshelman family, made at the last supervisor’s meeting on Feb. 6. Strohecker said comments were made that the supervisors had sprung the idea of rezoning the land without consulting the Planning Commission, but he said the rezoning proposal was first brought up at the November Board of Supervisors meeting and was later discussed at the December Planning Commission meeting with township zoning staff.

Strohecker said one of the “primary responsibilities” of the Board of Supervisors is to deal with zoning issues in the township, and the Municipal Planning Code calls for land zoning to prevent issues like “overcrowding of land, blight, danger and congestion in travel and transportation.” He said concerns raised by citizens regarding increased traffic demands from denser housing development must be handled by the supervisors “on the front end” of zoning before building is proposed, partially leading to the zoning change.

While the supervisors recognize that the site should be developed, Strohecker said, the question remains as to how it should be developed to lessen impacts to other taxpayers in the township. He said by rezoning the land to low-density housing, it would provide a buffer between the high-density housing in Woods Edge and existing farmland to the west of Donerville Road.

“This is not an easy decision,” Strohecker said. “It’s not something that these planners take lightly. They understand the full impact to the family. They understand the impact to property, to the community, and that’s how they are looking at it.”

Supervisor John Wenzel Jr. spoke before the zoning vote, saying he remembers picking up potatoes for a season on the Eshelman farm in the late ’50s. Wenzel said the zoning change to low-density was a “middle ground” for the development of the land, allowing for a transition between existing farmland and high-density housing.

“Zoning is an awesome responsibility, and it’s hard,” Wenzel said. “I speak for myself, but I know these supervisors, that we will always, always do our best for the residents of Manor Township.”

Family Arguments

Erik Hume of Saxton & Stump lawyers, who also represents the Eshelman family, defended the owner’s position that the zoning should stay as it was. Hume pointed to the findings of the Manor Township Planning Commission and the Lancaster County Planning Commission to keep the high-density housing.

The Lancaster County Planning Commission made comments to the supervisors that they were “reducing density in the wrong area,” Hume said, and that multiple housing types should be provided in any development on the property.

Hume also pointed to comments from the planning commission that Manor Township has a little over 1,800 acres of developable land in its designated urban growth area, and of that only around 110 acres permits anything besides single family homes. He said by changing the high-density housing, 92 of those acres would be taken away, severely limiting the amount of alternative housing options.

Strohecker addressed Hume’s comment, saying the statement about limited housing options was not correct. He said other zoning in the township allows for mixed-dwelling units, including industrial land, pointing out the possible development of the nearby 124-acre Armstrong World Industries property.

Hume said in the county planning commission’s unanimous vote against the zoning change proposal, it noted that the Eshelman tract is “really ideally suited” for high-density development because of it’s location next to existing high-density housing, access to utilities and its proximity to major roads like Columbia Avenue and Route 30.

“We want to work with Manor Township here, we don’t want to be an adversary,” Hume said.

Against Rezoning

Several residents spoke out against the rezoning of the property, expressing concerns about a lack of local affordable housing and the existing township planning.

Resident Mary Glazier, a former member of the township Planning Commission, said she was part of the group that changed the zoning on the property from moderate-density residential to high-density. Glazier said that decision was made nearly 18 years ago and has stood as the standard for what was to eventually happen with the farm.

“There’s something in our legal system about the value of consistency and stability,” Glazier said. “People plan based on what the laws are, like the regulations of the township, and I think that the owners of this land relied on the decisions that were made and approved by the supervisors at that time to make their own plans. And I think that’s important.”

James Baumgartner, a resident of Woods Edge development, said he was in favor of keeping the high-density zoning for the property. Baumgartner, who currently works as a realtor, said there’s currently a shortage of affordable housing in Lancaster County.

By changing the zoning to low-density, Baumgartner said, the prices of the lots and homes will increase exponentially, pricing out potential first-time home buyers.

“That’s not going to be affordable for anybody that wants to get a first-time home or maybe move up one notch,” Baumgartner said. “We need a lot more housing right now for people that are in the low and moderate income area.”

Manor Township resident Mary Glazier addresses the Board of Supervisors during a special zoning hearing meeting at the Manor Middle School on Feb. 23. (Michael Yoder/The Lancaster Patriot)

For Rezoning

Many of the residents who spoke in favor of the zoning change conveyed worries about growth in traffic and population and impacts to property values.

Joan Matterness, a resident of Sutherland Village development, said the zoning change would impact the entire township through more use of roadways and the potential for more new schools to house students. She said the traffic on South Centerville Road, Charlestown Road and Donerville Road is already serious and will only become worse with a high-density development.

“Woods Edge is a 748 home high-density development,” Matterness said. “This community does not need two of these kinds of developments next to each other. Most of us in this room tonight are asking you to make a sound decision – change the zoning to low-density residential for this Donerville farm.”

Cheryl Hollinger of Woods Edge development said she recognizes the importance of having more affordable housing in the community, but she said she doesn’t think some people understand the tax increases that will come from having another high-density development.

“How many people in Manor Township are prepared for the increase in taxes that will be required to build on to or build new schools?” Hollinger said.

Keeping the Farm

Only one resident spoke out against having any type of development on the land.

Jim Stauffer of Weaver Road said he spent the first two years of his life on the farm with his grandfather, Clyde Eshelman, who previously owned it. Stauffer said the farm is still one of the best potato farms in the entire county with excellent soil.

Stauffer said he was at a rezoning meeting decades ago when the urban growth boundary was first laid out in Manor Township. He said he still remembers someone in the audience asking why all the productive vegetable, corn and potato farms on the east side of Donerville Road were included in the urban growth boundary.

“My grandfather was instrumental in starting zoning in Lancaster County, especially in this township,” Stauffer said. “And he often said we need to build houses out in the sticks and gullies, and we need to save the best farmland. Here we are. It looks like we’re going to have houses, whether it’s low-density or high-density.”

Supervisor Chairman Brandon Clark said he sympathized with Stauffer’s comments about the quality of the farmland, but he said the township “must have a balance” between development and agriculture.

However, Clark said he didn’t agree with keeping the high-density zoning as it existed on the map.

“I cannot in good conscience support high-density zoning for this property on the backs of my constituents,” Clark said. “As I’ve said before, it’s incumbent on us as leaders to be good stewards of the land that we have left before us.”

Michael Yoder
Investigative Journalist | michael@thelancasterpatriot.com |  + postsBio

Staff writer Michael Yoder is an award-winning journalist who has been honored with several Keystone Press Awards for his investigative pieces.

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Comments 2

  1. Dwane R Smith says:
    2 years ago

    I am against High Denisty building on the Eshlman Farm

    Reply
  2. Sandra Graham says:
    2 years ago

    It’s so sad to see Lancaster County being gobbled up by developers. It’s not the same sweet place to live anymore. When are they going to decide enough is enough. Never! Because they are greedy!

    Reply

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