ARC Manor to Appeal Zoning Decision to Court
It was standing room only when nearly 50 people attempted to crowd into the Ford City Borough office last night to hear the verdict by the Zoning Hearing Board on ARC Manor.
by David Croyle
The Ford City Zoning Hearing Board met last night to determine whether Borough Codes Office Fred Dzugan was correct in not approving permits that would have allowed ARC Manor to move into Ford City.
The treatment center is in the process of purchasing the former Heritage Technology Park building from F&M Bank. They intended to more their current facility from Rayburn Township to Ford City.
The building originally housed part of the PPG Industries operation prior to being acquired by the Greater Ford City Community Development Corporation and leased to Caracal manufacturing. Both the CDC and Caracal went into bankruptcy and the building was repossessed by F&M Bank.
The snag came when Dzugan received a written request last year could not match up ARC Manor’s business with the uses allowed in the current Industrial designation of the property. The property is situated near several manufacturing plants including KPM, OEM Shades, and Nature’s Blend that are classified industrial.
A zoning hearing was held on January 5, 2012, but the zoning board opted to deliberate until last night when they voted 2-0 to stand by Dzugan’s decision and not grant ARC Manor’s request.
Ford City Zoning Hearing Board Member James Milligan explains his reasons for affirming his codes officer and denying ARC Manor’s request last night.
Board Member James Milligan gave an overview of the conclusion that led him to cast his vote.
“A professional or general office as defined does not permit overnight treatment; (ARC Manor’s) overnight treatment is consistent with that of a hospital and not a professional office and therefore is not zoned for R2 in the ordinance; the selection of R2 for hospitals is supported by the fact that residential zone is established to provide for the safety of its inhabitants – while recognizing that an industrial zone represents a higher level of risks for buildings with overnight residents. So based on all of this, my position is to affirm the finding of the zoning officer.”
ARC Manor Legal Counsel Chase McClister said his client will now file an appeal to the Court of Common Pleas.
“We will file a notice of appeal. The Zoning Hearing Board would send what is known as the ‘record’ to the Court. That would consist of the transcript and any documents that were made a part of the record. They will send that to the judge and he will decide whether he wants to review it based simply on the record that was sent up to him, or whether he wants to hold any additional hearings at the court house.”
McClister hopes that an appeal before the judge will come quickly because of the investment to be made in the project.
“We will do our best to get it speedily through the court system as we can, but of course that is not up to us. There are a lot of interested parties involved here. There are architects that are on hold – basically in limbo – the bank is involved. There is money sitting in an account waiting to be used toward construction and remodeling. So there are a lot of irons in the fire. The sooner we can move this through, obviously the better it will be for everybody.”
The question is whether the business of ARC Manor fits into the definition of a professional office in the current zoning ordinance. If the court were to rule in favor of ARC Manor, it could strike down the entire zoning ordinance making it invalid and resulting in numerous problems for Ford City Borough.
“The court has wide latitude to review the ordinance for constitutionality. Vagueness is one of the arguments you can make that could render the ordinance unconstitutional. If the court feels that the ordinance is terribly vague or so restrictive that it actually excludes certain uses from the community altogether, the court has the authority to strike down all or part of the zoning ordinance.”
Dzugan said a draft of a new set of zoning ordinances was started a year ago, but has not been completed for formal adoption. He hopes the new council will use this issue to push for final ratification sometime this year.
No one would speculate on the cost of legal fees to the Borough to defend Ford City’s position in the appeal in the Armstrong County Court of Common Pleas.
Ford City Borough, Local News, Rayburn Township | David Croyle January 27, 2012
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By C.h.Coffe, January 27, 2012 @ 7:54 AM
Is this TRUE? If ARC Manor buys the building and creates jobs in Ford City all the grants that they have to pay back because CDC didn’t creates jobs will go away? If true that’s alot of tax dollars (1,300,000.00).
By JornJensen, January 27, 2012 @ 7:54 AM
I’ll present my solution to this dilemma, here, again. Buy the EOC their new, high-tech radio equipment and put them in this ‘discounted-price’ building in Ford City and take the government money for their new building up at the Armsdale building and, instead of building that under a tight timeline, build Arc Manor an appropriate building up at the hospital campus. Each will then be in more suitable locations than they are now.
Solves all of the problems and keeps the lawyers out of it except for maybe one thing – I know, the fed would sue us for using the money ‘inappropriately’ – so sue us – we’re used to it.
As I see it, we have much greater needs in this area than a new building for the EOC. Waste of tax dollars.
By Whispers, January 27, 2012 @ 5:19 PM
The citizens are supporting the Zoning Board on this one.
The picture is pretty clear for Mr. McClister, F&M Bank and ARC Manor…..the citizens of Ford City do not want you imposing your will on the people of the town. There are a few rogue dissidents who are supporting the move for ARC Manor to the former PPG property. These people you will find have some type of connection to receiving something in return or they are sympathetic thinking Ford City is being a bully or stereotypical by not wanting ARC Manor to come into Ford City. It has nothing to do with Ford City itself, but it does have to with the location, location, location of where they want to move.
People have been saying that this smelled from the beginning and it getting worse as days go by. Why is there such a pressure and rush to force ARC Manor into that location?
The Zoning Board made the correct decision. The majority of the taxpayers support your campaign to battle in this court, heck it is better than those frivolous lawsuits that Ford City got thrown into when the fry cook would not pay the bills.
There are plenty of other places throughout the county for ARC Manor to relocate. The jig is up and Ford City is getting suckered into a very bad deal for the present time and the future.
-We still have not heard what these good-paying jobs will pay?
-We have received no information from anybody showing that an addiction/recovery center is a lightning rod for economic growth for a specified location. Please present this information.
-We still do not know or have been told about the plans for the other parts of that building.
I still think some people are just looking at as possibly 50 more lunches that can be served despite what the impact it will have on the town. The bad deal associated with the foreclosure from a few years ago goes away and thoughts zinging through the mind of a full grill during lunch time.
By mad-2010, January 28, 2012 @ 9:54 AM
@ Whispers Thanks for your post. You are on top of this issue even down to the people that want the lunch business. I hope Ford City can keep them out of this location.
By Tankster, January 28, 2012 @ 2:03 PM
I am sure the CDC or anybody else could have created some no value jobs for that location if that was their intent. I think anybody would be looking for a private business that has the ability to grow and expand. ARC Manor can only grow into things like the addition of a methadone clinic. This urgency to fill that building seems like it another ploy to cover up things by previous councils. I got a feeling that the homeowners and taxpayers a of Ford City are going to be feeling the weffects of the previous council for years to come maybe even decades. All because they believed in a corrupt man and his ideas. The trail of damages is just a shame.
By newvoice, January 28, 2012 @ 9:29 PM
whispers -) One job in that building is better than none in 15 years. Afraid it may work and OMG jobs in Ford City ? And the true, CDC did not pay ther bills …The building went back so the taxpayers of Ford City didn’t have to.
By Lancret, January 28, 2012 @ 11:23 PM
What I find somewhat odd and humorous is that the fry cook crowd were all for keeping the FC high school opened and blamed certain people of being behind the act of trying to build one school but now they are supporting these same people as ARC Manor tries to push themselves into the old PPG property. I find that kind off strange.
Look at ARC Manor trying to push themselves into that property. Look at the bank that is involved. Look at the squabble with the county commissioners and a commissioner speculating that he make keep two positions. Look at the hiring debate with the county. Look at the past lawsuits with the ASD.
There is one common thread. Can you find it?
By Whispers, January 29, 2012 @ 12:12 AM
@ newvoice
One job or one agency that is not paying taxes on that property is bad for the town.
One agency moving into that facility and with a good possibility of discouraging other businesses into that area is very bad for the town.
We will ask the same questions, again, for the 4th or 5th time:
-We still have not heard what these good-paying jobs will pay?
-We have received no information from anybody showing that an addiction/recovery center is a lightning rod for economic growth for a specified location. Please present this information.
-We still do not know or have been told about the plans for the other parts of that building.
Get your black ribbons out and put them on your front porches to show that this is a funeral for economic development for Ford City with this totally absurd deal.
You are correct, Tankser, the carnage continues based on the actions of one person and their followers. How much further can they bring Ford City down?
We have it the lowest of the low and it leads back to one person.
By devitt, January 29, 2012 @ 7:56 PM
Has the Ford City council taken any action to pass something that requires council approval so this does not happen again. This should be the first thing done. Does the Kittanning Newspaper or anybody else know if this was done? This is the most important thing to do above all else at this time.