Lebanon, PA. Rezoning Requested

Rezoning requested for Wal-Mart site [Patriot News (Penn.)]

An attorney for a group opposed to development along Cornwall Road has opened a new front in the war against what some call “big box stores.”

It’s a battle that has been ongoing since Wal-Mart first filed plans in late 2004 to build a 230,000-square- foot supercenter along the road. Since then, other developers have announced plans to build retail stores in the area.

Attorney Dwight Yoder filed a request with the North Cornwall Twp. supervisors last week to change the zoning of about 90 acres along the road from commercial to office and institutional.

While the area to be re-zoned includes properties owned by several of Yoder’s clients, most of it is owned or controlled by Wal-Mart or Springwood Development Partners, which has announced plans to build several retail stores, including a Target and Giant Food Store.

The area in the zoning request includes most of the land rezoned commercial in 2003, a move that made plans by Wal-Mart and Springwood possible.

While large retail stores are not permitted in North Cornwall’s office and institutional zones, Yoder’s proposed zoning change might not make much difference if the supervisors adopt it because Wal-Mart and Springwood filed their plans when the land was zoned commercial.

Newly hired North Cornwall Twp. solicitor Josele Cleary said the township could not deny the plans if the zoning was changed.

However, if the plans were denied for other reasons, any new applications to develop the land would have to be considered under whatever zoning was in effect at the time, she said.

Yoder agreed Wal-Mart and Springwood appeared to be covered for now. However, he said Wal-Mart’s application could face a traffic study it needs to complete before final plans will be approved.

Also pending is a ruling by Lebanon County Judge John Tylwalk on whether the commercial zoning under which Wal-Mart filed its plans was adopted properly.

The supervisors voted to send Yoder’s request to the township and county planning commissions and scheduled a March 10 hearing on the request.

Posted by Alex Goldschmidt on Monday, January 14, 2008

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