HAMPDEN TOWNSHIP PLANNING COMMISSION
Meeting Minutes
May 13, 2010 7:30 p.m.
Attendance
Planning Commission Members Chairman Urling
Member Phil Klotz- Absent
Member Craig Mellott
Member Ronald Stephens
Member Tammy Shearer
Commissioner Liaison Nathan Silcox- Absent
County Planning Commission Rebecca Wiser
Township Staff Manager Michael H. Gossert
Assistant Zoning Officer Darrell McMillan
Call to Order by Chairman Urling
Chairman Urling called the Meeting to order at 7:30 p.m., and stated Proof of Publication was available for public inspection.
Approval of the Minutes
MOTION by Ms. Shearer to approve the Planning Commission Meeting Minutes of April 8, 2010. Motion seconded by Mr. Stephens. Motion carried unanimously.
Welcome
Chairman Urling welcomed Craig Mellott, the newest member of the Planning Commission.
Old Business
Preliminary/Final Land Development Plan for Johnny Joes
Chairman Urling stated that the Preliminary/Final Land Development Plan for Johnny Joes, with a new time limit deadline of July 29, 2010, would remain tabled at the applicant’s request.
New Business
Preliminary/Final Land Development Plan for McDonalds
Michael Jeitner of Bohler Engineering, Inc. was present to speak on behalf of the submission.
Chairman Urling asked if Mr. Jeitner had received and reviewed both Township and County comments and if they were in agreement with them. Mr. Jeitner said they were in agreement with the comments, but would like to discuss two of them.
Mr. Jeitner said they had talked to Assistant Zoning Officer McMillan about the trash enclosure setback. He said, looking at it as an accessory structure, it was determined it would not require a variance. Mr. Jeitner said the County had noted it in their comments. He said he just wanted clarification that they did not need a variance from the front yard setback. Assistant Zoning Officer McMillan said Mr. Jeitner was correct.
Mr. Jeitner asked about the contribution for signal improvements. He said McDonald’s was willing to discuss it. Mr. Jeitner asked what improvements are planned for the intersection and what amount the Township expected McDonald’s to contribute. Manager Gossert said he believed a battery backup would be the most likely improvement for the intersection. He said the amount would be between $5,000 to $8,000. Manager Gossert said, since the Township moved to LED lights, the battery backups are what the Township is moving towards at the intersections. Mr. Jeitner said he believed McDonald’s would be willing to consider that.
Manager Gossert did not have any additional comments.
Assistant Zoning Officer McMillan did not have any additional comments.
Ms. Wiser did not have any additional comments.
There was not audience participation.
Mr. Mellott said he had a question about stacking with respect to the new menu boards. He said there would only be four vehicles until parking spaces would be blocked in front of the building. Mr. Mellott asked if they were confident that there would be enough stacking space to prevent the spots from being blocked routinely. Mr. Jeitner said they do, with the two menu boards, this will move the vehicles forward. He said during peak hours they do experience anywhere from three to four vehicles. Mr. Jeitner said this would be a typical layout for McDonald’s. He said, occasionally, there may be a car that overhangs the first parking space during peak hours. Mr. Jeitner said McDonald’s experiences courtesy gaps, where the cars stop and let the other car back out through that area. He said the two menu boards should help improve the deficiency. He said the newer facility will have upgrades in order to speed the drive-thru process up.
Mr. Stephens did not have any additional comments.
Ms. Shearer said her comments were already addressed.
Chairman Urling asked about the handicap parking spaces being so far from the entrance to the building. He asked Mr. Jeitner why they were placed there and not next to the sidewalk.
Mr. Jeitner said there are two entrance points to the building. He showed on the overhead projector where the two entrances were located. Chairman Urling said his plans did not have the handicap parking in the same location. Manager Gossert said the handicap spaces Chairman Urling were looking at were the existing spaces, not the proposed. Mr. Jeitner said they would lighten the existing spaces on the plan.
Chairman Urling said according to the sign ordinance in Hampden Township, the reader board had an amount of time before it would be allowed to change and asked Assistant Zoning Officer McMillan for clarification. Assistant Zoning Officer McMillan said the reader board cannot be changed until at least 24 hours after being changed previously. Mr. Jeitner said he understood.
Chairman Urling asked Mr. Jeitner if he knew the property was actually fill, not solid land.
Mr. Jeitner said a detailed Geotechnical Investigation had been completed. He said they were fortunate that they were able to get the readings from where the proposed building would be located and they were aware of the subsurface conditions.
MOTION by Mr. Stephens to recommend approval to the Board of Commissioners of the Preliminary/Final Land Development Plan for McDonalds, located at 4230 Trindle Road, one lot, 1.44 acres, zoned C-G, owned by The WF Partnership, submitted by Bohler Engineering, Inc.; PCFile#10-05-01, with a time limit deadline of August 11, 2010, subject to Township Plan Review Comment Nos. 1 through 7, and Cumberland County Comment No. 1. Motion seconded by Ms. Shearer. Motion carried unanimously.
Request for Rezoning- 4305 Wertzville Road
David Getz of Wix, Wenger & Weidner was present to speak on behalf of the submission.
Mr. Getz said Pinnacle proposed to purchase the property and add it to the Fredrickson
Center property. Mr. Getz said the property had a house on the lot that had been vacant for
as long as he could remember. He said Pinnacle did not have plans to develop the property, which would not be developable due to the slopes on the property. Mr. Getz said the idea would be to acquire extra green space for the Fredrickson Center. He said the line on the plan that looks to divide the property being discussed is a stream. Mr. Getz said, on the east side of the stream, there were sewer and electrical lines. He said the property then slopes up to the houses on the east side of the property. He said Pinnacle owns most of the property around the area. Mr. Getz said it was an effort to acquire some green space and not get landlocked. He said they were requesting the rezoning be to Office Park to match with the rest of Pinnacle’s property.
Chairman Urling asked if the home would remain or be demolished. Mr. Getz said the agreement of sale stated the house was uninhabitable. He said, in talking with Assistant Zoning Officer McMillan, it appeared there was never an occupancy permit issued for the house. Mr. Getz said Pinnacle did not own the property yet, so they had not gotten a chance to go inside. He said Pinnacle had no plans to use the house and it would likely be demolished. Mr. Getz said before the public hearing they would get into the house and see how it was built, but there were no plans to use the house. He said he was unable to give the board a time line.
Manager Gossert asked if the property would just be used for green space calculations.
Mr. Getz said it would be improper for him to say it would only ever be used for green space because Pinnacle doesn’t know. He said the section of the property closest to Pinnacle’s current property is almost the same grade as their existing property. Mr. Getz said, if Pinnacle would ever decide to, they may be able to use the section closest to Pinnacle’s current property, as a buildable area. He said most of the property is not useable, except for green space. Mr. Getz said he could not commit that nothing would ever go on any portion of the property, but there were not any plans at that time.
Manager Gossert asked if it was their intent to do this as a lot addition to the current lot owned by Pinnacle or keep it as a standalone lot. Mr. Getz said it was his understanding that many of the lots currently were stand alone lots and he believed, as Pinnacle gets into the next stages, they may consider if they would want to do a lot consolidation plan at that time. He said there are some homes that are owned by Pinnacle that are currently being rented.
Manager Gossert asked if it was their intent to do the whole property as Office-Park or to split it where the stream runs through. Mr. Getz said it was their request to rezone the whole property as Office-Park. He said, where the stream runs through the property, the Township sewer line runs immediately to the right of the stream. Mr. Getz said most likely there would be flood plain area and the property then slopes upward to the properties on the east. Manager Gossert said his only concern was if the property would remain as a standalone lot. He said, nothing against Pinnacle, but there was the possibility of it being sold to someone else with an Office-Park designation.
Mr. Getz said the property is 9.7 acres and he believed the O-P zoning required a minimum ten-acre lot. Manager Gossert asked why it would not be combined then. Mr. Getz said he believed that would be the intent. Manager Gossert said the lot could be combined with another lot to make the ten acres. Manager Gossert said without a commitment of the properties being combined, he had a concern. Mr. Getz said he had met with staff prior to submitting the request. He said Manager Gossert’s concern is why he submitted the photographs along with the application. Mr. Getz said he would not say the property is buildable. He said he was suspecting a much better commitment before they got to the public hearing. Mr. Getz said he believed it made sense to consolidate the lots. Manager Gossert said, if the property would not be usable, it would make the perfect buffer.
Assistant Zoning Officer McMillan did not have any additional comments.
Ms. Wiser said she wanted to note the stream and that it would not be in the 100-year flood plain.
Ms. Wiser said both the County and Township Comprehensive Plans show the area as residential in the future land use map.
There was no audience participation.
Mr. Mellott did not have any additional comments.
Mr. Stephens did not have any additional comments.
Ms. Shearer asked if there had been a date set for settlement. Mr. Getz said the agreement of sale calls for settlement after the public hearing.
Chairman Urling asked what would allow them to go into the house. Mr. Getz said they would need to communicate with the real estate agent to the owner. He said the owner of the property is the Shippensburg Foundation. Mr. Getz said they would need to communicate to the real estate agent for the Shippensburg Foundation to see who has a key and then they would access and inspect the house.
Chairman Urling asked if the house had ever been occupied. Assistant Zoning Officer McMillan said Mr. Miller put a good amount of work into the house. Mr. Stephens said he remembered going by seeing work being done from time to time. Mr. Getz said he remembered seeing some activity and then nothing for a long stretch of time and then more work. He said the agreement says the house in uninhabitable, which to him meant no one should live there.
Chairman Urling said his concern was if the house would remain and the zoning would change to Office-Park, the Township would be creating a nonconforming lot. Mr. Getz said he agreed and again emphasized the plan was to have the house remain abandoned. Chairman Urling said it would have to be demolished, not left in its present state.
Chairman Urling said it would be a great exercise for the Fire Company to take it down.
Mr. Getz said they could talk later about it.
MOTION by Ms. Shearer to recommend approval to the Board of Commissioners of the rezoning of the 4305 Wertzville Road, Tax Parcel #10-14-0838-018, from Residential-Towne and Residential-Suburban to Office Park, subject to lot consolidation and demolition of the current structure discussion. Motion seconded by Mr. Stephens. Motion carried unanimously.
Good and Welfare
Adjournment
MOTION by Mr. Stephens to adjourn the Planning Commission Meeting. Seconded by Ms. Shearer. Motion carried unanimously.
Chairman Urling adjourned the meeting at approximately 8:00 pm.
Respectfully submitted,
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Kathy L. Finkenbinder, Recording Secretary
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