Zoning meeting ends with no decision on condo plan
Future still unclear for Union Terrace development
After more than three hours of deliberation, the Allentown Zoning Hearing Board did not rule on Abe Atiyeh’s application to build condos in Allentown’s Union Terrace neighborhood.
Atiyeh and his attorney, John VanLuvanee, argued that the city’s 2010 zoning ordinance is invalid because it does not permit Atiyeh a reasonable use for his property on 303-319 Elmo St. The property is zoned as “parks” according to that ordinance, which Atiyeh argues gives him very few viable options to develop.
Atiyeh is using the land for self-storage units, which he said is a failure. He operates 123 self-storage units on his St. Elmo Street property, most of which are either vacant or used for Atiyeh’s own personal storage.
The city objected to Atiyeh’s challenge to the ordinance. Adam Rosenthal, the Allentown assistant city solicitor, the concerns Atiyeh raised about the property were already addressed in 2010, when Atiyeh challenged the parks zoning designation and was denied.
“They presented no evidence the 2010 variance is invalid,” Rosenthal said.
Atiyeh repeatedly, unsuccessfully applied to change the property’s zoning designation over the past 16 years to build town homes and apartments. This time he is proposing 244 condos on the 22-acre site.
VanLuvanee said Atiyeh exhausted all his options to develop the property and was left with no choice but to challenge the zoning ordinance’s validity.
Atiyeh and his lawyer argued rezoning the land to medium density residential is appropriate because an identically zoned district borders the property to the east.
Board members, if they side with Atiyeh, will have to make recommendations to the city to change the zoning ordinance. Board members said they needed additional time to do so, which is why they delayed making a decision.
Members raised concerns about traffic and flooding in the neighborhood, and suggested Atiyeh could propose a plan for lower density housing that might be a better fit for the neighborhood.
In 2006 and in 2020, the city’s planning staff and planning commission recommended rezoning the land for residential use. But in both cases, Atiyeh faced opposition from neighbors and city council voted down the rezoning.
“We did everything you’re supposed to do,” Atiyeh said. “We sat with staff, we did this change, we made that change, we did this we did that. On my life I’ve never done more to meet the city’s staff and design something that’s compatible to the neighborhood.”
All other areas in the city zoned as parks are either publicly owned or owned by nonprofits, according to Charles Schmehl, an urban planner who testified on Atiyeh’s behalf. Designating the properties as parks zoning in 1989 was an “oversight,” he said.
Several members of the public objected to Atiyeh’s plans, arguing that the development will lead to increased traffic congestion in the neighborhood.
“You’re talking about 500 additional vehicles traveling through my neighborhood,” said Shane Fillman, a nearby resident and secretary of the Hamilton Park Cedar Creek neighborhood association. “I think that will immensely impact this neighborhood dramatically.”
Fillman suggested the city buy the property and maintain it as a public park.
The Zoning Hearing Board earlier this month denied Atiyeh’s appeal to expand the existing self-storage facility he operates at the site, which he called a “backup” plan to his proposed development.
The board has not yet scheduled a second meeting.