By JOSE NEGRON jnegron@yourmvi.com
The Elizabeth Township commissioners voted Monday to reject Invenergy LLC requests that would clear the way for development of a gas-fired power plant in the Smithdale section. The company requested a change to the zoning map and a zoning ordinance text amendment.
The board voted 4-3 to deny the application.
Andrew Kuzma, Jane Blake-Kerin and Rob Rhoderick casted the dissenting votes while Paul Saxon, Donald Similo, Chris Evans and President Joanne Beckowitz were in favor of denying the application.
The Chicago-based company’s requests were related to a zoning change from R-1 residential to M-1 light industrial for property owned by Casturo Iron and Metal.
The decision to deny the application comes weeks after the Allegheny County Economic Development Planning Division issued comments regarding the requests.
“The materials we received did not include either a text amendment or map exhibit relative to the proposed rezoning,” the county comments included. “ ... There is no language in the text of the proposed amendment that references the proposed changes to the zoning map.”
The county questioned the number of acres that would be rezoned.
The parcel is approximately 140 acres, and the proposed site footprint is 25 acres, the letter states.
County officials said the proposed rezoning is not consistent with the township’s comprehensive plan, adding that rezoning a 25-acre parcel to M-1 would likely constitute spot zoning.
Spot zoning refers to changing zoning of a parcel within a larger tract of land that conflicts with zoning status of the larger area.
“Every decision I make is based on what the majority and the constituents in my ward would want to do,” Kuzma, who represents Ward 3, said prior to his vote.
“There are 30 people in this room, and there are a couple of thousand in my ward.
“I am not for the power plant, and I am not against the power plant, either. But I want to hear public comment. I am not going to deny it until I hear from the public.”
Saxon moved to deny the application, and Similo seconded the proposed action.
“This has been a complete mockery of the system and a complete embarrassment for this township at this point,” Saxon said.
Similo agreed.
“I am embarrassed, and I have always been against rezoning,” Similo said. “It can lead to further losses, and it sets a precedent.”
Beckowitz said she opposed the requests because the map change and text amendment requests were incomplete.
Prior to the vote, resident Megan McDonough asked if Invenergy could appeal a denial action by the commissioners.
Solicitor Matt Racunas said Invenergy has no appeal right.
Based on the vote Monday, a special meeting to accept public comment Sept. 12 will not take place.
Racunas said that in the wake of the county comments, Invenergy requested a postponement of the hearing.
Racunas declined comment following the meeting, saying only that he will contact Invenergy’s attorney about the denial.
The Smithdale site was Invenergy’s second choice for the plant.
It originally wanted to develop a site along Henderson Road in the Buena Vista section, but that plan was rejected.