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HAMPDEN TOWNSHIP PLANNING COMMISSION

Meeting Minutes

June 11, 2015 7:30 p.m.

Attendance

Planning Commission Members

Chairman Ronald Stephens
Vice Chairman Craig Mellott
Member Tracey Vernon
Member Claudia Williams – Absent
Member Bobbye Gregory

Commissioner Liaison

Nathan Silcox

County Planning Commission

Jeffrey Kelly – Absent

Township Staff

Manager Keith Metts
Assistant Manager David Blechertas
Assistant Zoning Officer Darrell McMillan
Assistant Director of Public Works Jeremy Miller
Engineering Technician Isaac Sweeney

Pledge of Allegiance

Chairman Stephens lead the audience in reciting the Pledge of Allegiance.
Call to Order by Chairman Stephens

Chairman Stephens called the meeting to order at 7:30 p.m. and stated Proof of Publication was available for public inspection.
Audience Participation

There was none.
Approval of the Minutes

MOTION by Vice Chairman Mellott to approve the Planning Commission Meeting Minutes of
May 14, 2015. The motion, seconded by Ms. Vernon, carried unanimously.

Old Business

Request consideration for a Zoning Ordinance Text Amendment by Verizon Wireless amending Chapter 27, Part 1818 of the Hampden Township Zoning Ordinance

James Strong, McNees Wallace & Nurick, was present to speak on the Verizon Wireless text amendment request.

He said at the May 28, 2015 Board of Commissioners’ meeting, the Board saw fit to schedule a Public Hearing in July. They had two minor revisions to the text amendment and according to the Municipalities Planning Code, the Planning Commission is afforded an opportunity to make comment and recommendation. He said the Township Solicitor and Manager approved the language and that is the ordinance that has been scheduled for a Public Hearing.

Mr. Strong said the two changes were regarding the maximum fence height and the minimum setback shall be set back from all property lines, building or structures that are occupied by people the greater of a distance equal to fifty percent of the height of the structure or to the yard setback applicable to the zoning district in which the structure is to be located.

Chairman Stephens asked for clarification on the structure and the minimum setbacks. Mr. Strong said that was pulled from the current ordinance. Manager Metts said the Township Solicitor reviewed it and recommended approval and, staff is clear about the intent of the language.

MOTION by Vice Chairman Mellott to recommend approval to the Board of Commissioners the request for consideration for a Zoning Ordinance Text Amendment by Verizon Wireless amending Chapter 27, Part 1818 of the Hampden Township Zoning Ordinance. The motion, seconded by Ms. Vernon, carried unanimously.

Final Land Development Plan for Jamestown Square, located at the Northeast corner of
Skyport Road/Westover Drive, 22 Duplex Units, 5.3 acres, zoned P-R-D, owned by Keeley and Co., Inc., submitted by Alpha Consulting Engineers

Richard Castranio, Alpha Consulting Engineers, was present to speak concerning the Jamestown Square Phase II plan and said this is the remaining tract at Westover that is undeveloped. He said they are in receipt of staff and County comments; they have two waiver requests in addition.

Chairman Stephens asked Mr. Castranio to discuss the comment regarding the “tentative plan”. Mr. Castranio said their view on that is that they were not the applicant and the new equitable owner is purchasing the property through the bank. He said he believed the last plan was done in 2007 and this new plan mimics what the last plan was, but the twelve months have expired. Mr. Miller asked if the tentative plan shows the layout that is currently proposed. Mr. Castranio said yes and they pulled that information from the plan through a Right to Know Request from the Township.

Manager Metts said there was a question relative to the Zoning Ordinance for the requirement, a Public Hearing, since it is a Planned Residential Development, and the submissions of this phase called Phase II but previous correspondence referred to it as Phase VI. He said there was an additional handout given to the Planning Commission that was not in their packets regarding the explanation from McNees Wallace & Nurick about Phase II. Manager Metts said Township Solicitor Keith Brenneman is in receipt of the letter and said it would be appropriate to conduct the discussions about the plan at tonight’s meeting. He said the information provided is still under review by the Township Solicitor.

Manager Metts asked if Mr. Castranio would be able to speak about the letter; he indicated that he would not because it came from the attorney’s office.

Commissioner Silcox asked for clarification on the inverted curbing on the road. Mr. Castranio said that was typically where the units that had a garages in the rest of the development. He said the roads were not like that on the dedicated streets. He said the purpose of the inverted roads was to divert stormwater away from entering the garages.

Commissioner Silcox asked how many total homes would be in this development; Mr. Castranio replied 38 total and, this phase would build 22. Commissioner Silcox asked if this would be part of the current Homeowners’ Association. Mr. Castranio said they are working that out with the homeowners’ association of Phase I. He said there would be an agreement with the homeowners’ association before the plan would go to the Board of Commissioners’ meeting.

Commissioner Silcox asked if there were sidewalks on the perimeter of the plan. Mr. Castranio replied not along the Skyport Road.

Manager Metts asked what the concerns of the existing homeowners’ association are. Mr. Castranio said there was concern about the types of units and the issues were prior to Classic Communities building the last units. He said he thought after those were built the existing homeowners’ association was agreeable to the type of units that were being built.

Mr. Sweeney said the bulk of the engineering concerns are relative to the stormwater management. They have asked the engineer to provide a note that states, “The site is underlain by karst geology and may be subject to the development of sinkholes. Special construction may be required to mitigate the effect of sinkholes on buildings and other site improvements”.
Mr. Sweeney said based upon the inverted crown, there are several concerns. He said the Township has not seen any calculations showing the depth of the water in the roadway for the 1, 2, 10, 25 and 100-year storm events to show there will be no hazard to persons or property.

Mr. Sweeney said the emergency spillway embankment must be set to provide a minimum one foot of freeboard above the elevation of the 100-year post development flow, he also said the applicant must identify the emergency spillways on the plan.

Mr. Miller said the applicant is requesting a waiver from the volume requirements of the stormwater ordinance. He said given the karst geology, staff would tend to support that, but need some clarification on the quality assurances associated with that volume.

Mr. Miller said there may be a need for additional inlets due to the potential of freezing or if the spillway outfall is clogged.

Chairman Stephens discussed what an inverted roadway is with the Planning Commission. He said the applicant needs to outline where the 100-year storm would be on the plan.

Mr. Miller said Phase I drains to the same basin area as the new proposed plan. He said right now that basin is behind the homes and this plan now shows homes surrounding the stormwater basin.

Chairman Stephens said the applicant needs to get with Township staff and work something else out and at this point he could not support the proposed plan.

Manager Metts asked that a representative from McNees Wallace & Nurick be present the next time this plan is presented before Planning Commission to discuss the letter to the Township Solicitor referencing the tentative plan.

Ms. Gregory asked when it was decided not to have sidewalks along Skyport Road. Mr. Castranio said they are trying to leave the natural woods in between the buildings at the road.

MOTION by Vice Chairman Mellott to recommend tabling the Final Land Development Plan for Jamestown Square, located at the Northeast corner of Skyport Road/Westover Drive, 22 Duplex Units, 5.3 acres, zoned P-R-D, owned by Keeley and Co., Inc., submitted by Alpha Consulting Engineers. The motion, seconded by Ms. Vernon carried unanimously.

Preliminary/Final Subdivision Plan for Cumberland Technology Park Lots 13 & 14 and Harbilas Tract Subdivision, located at Technology Parkway and Good Hope Road, 6 lots, 118.6 acres, zoned Office Park, owned by Mount Zion Associates, LP, submitted by H. Edward Black & Associates

This plan has been tabled by the applicant.

Preliminary/Final Land Development Plan for Islamic Center of PA, located at
5138 East Trindle Road, 1 lot, 1.975 acres, zoned Commercial Limited, owned by Islamic Center of PA, submitted by Yingst Engineers & Associates, Inc.

Lee Engel, Yingst Engineers & Associates, was present to speak concerning the Islamic Center submission. He said he was in receipt of and addressed a good portion of the original staff review comments. He said they are prepared to meet the rest of the outstanding comments.

Mr. Engel said his client would like to withdraw the waiver of the requirement for sidewalks or put a note on the plan to install the sidewalks when the Township requires it in the future.

Mr. McMillan went over items on the Community Development review comments that were still outstanding.

Mr. Engel said there was no dumpster at the site. Ahmed Benneaceri, Board of Directors, for the Islamic Center said the center uses the residential trash service provided to the residential property that is on the lot because they do not generate very much. After discussion with staff, it was determined that the applicant would need to secure trash services for the Islamic Center because Hampden Township does not provide nonresidential trash service; the applicants agreed to do so.

Mr. McMillan said there needs to be shown on the plan the 75’ clear sight triangle and the relocation of their sign. Mr. Engel said they would revise that. Mr. McMillan asked that they provide five-foot minimum turnaround for dead end parking. Mr. Engel said they have provided enough turnaround on the site and would show that on the plan.

Mr. McMillan said this existing use for the building has already received a Special Exception for being on the property line. He said now there would be an additional nonconformance. He suggested filing an application with the Hampden Township Zoning Hearing Board for Special Exception due to the lot coverage or critique the plan to add some green space to what it was. Mr. Engel said he minimized the amount of coverage for the parking requirements.

Mr. Sweeney said staff has several items to discuss, one being the sidewalks. He said because the new building is being built on the property line, the Township is asking the owner to provide documentation demonstrating permission from the adjacent property owner allowing access for construction and maintenance of the building. Mr. Benneaceri said they would have to talk to their neighbor to get permission. Mr. Engel said they would get permission in writing.

Vice Chairman Mellott asked if the applicant was installing sidewalks with the construction of this plan. Mr. Engel said there would be a note placed on the plan that they would install sidewalks at a future date should the Township require it.

Manager Metts said he planned to cover this during the Good and Welfare portion on the meeting, but that the Board of Commissioners have passed the Comprehensive Plan and the Mixed Use Overlay Zoning District. He said there needs to be serious discussions and commitments from developers about installing sidewalks. He said the ordinance was amended to now require sidewalks be installed. Commissioner Silcox agreed with Manager Metts and said up to this point without the Comprehensive Plan and Mixed Use development sidewalk installation was here and there.

Manager Metts said his recommendation without putting words in the staff’s mouth, would be that the applicant install the sidewalks at the time the project moves forward. Mr. Miller said he agreed with Manager Metts.

Chairman Stephens asked if staff agreed with the waiver request for additional right-of-way. Mr. Miller said at this point it is not necessary to have the additional right-of-way.

Mr. Engel said the use of the building is basically an assembly area.

Ms. Gregory asked what would be the total number of parking spaces on the site. Mr. Engel said with the new plan proposed the parking would increase to 74 parking spaces.

Mr. Engel said they have asked for a waiver from the requirement of a traffic study because it is a place of worship and not a business. Rashed Shukri, Islamic Center, said the purpose of this plan is not to expand the hall but to enhance the comfort of the patrons.

Mr. McMillan asked how many days a week service was held at the facility. Mr. Shukri replied only on Friday. He said for larger observed holidays, if needed, they would rent a space at another facility.

Mr. Miller said the Township will have to start the sidewalks at some point and hoped the applicant can be agreeable to that. Mr. Shukri said they hope to not be made the example only due to the fact that their funds are limited, they do not finance projects.

Manager Metts asked that the applicant provide an engineer’s estimate cost for the installation of sidewalk and curbing. Mr. Shukri said they could provide that information. Discussion followed for allowing a note on the plan or a timeframe for installing the sidewalks. Mr. Engel said they are going to request a waiver and would add a note to the plan subject to the Township’s final decision.

Chairman Stephens said he is seeing a number of comments that still need addressed from when the plan was submitted six months ago. Mr. Engel said some of those items have been submitted but he did not know the inventory of those documents. Chairman Stephens and staff went over some of the outstanding items.

MOTION by Vice Chairman Mellott to recommend to the Board of Commissioners the approval of the waivers for submission of a preliminary plan and the provision of additional right-of way to meet width requirements of arterial roads for the Islamic Center Plan. The motion, seconded by Ms. Vernon, carried unanimously.

MOTION by Vice Chairman Mellott to recommend approval to the Board of Commissioners the Preliminary/Final Land Development Plan for Islamic Center of PA, located at
5138 East Trindle Road, 1 lot, 1.975 acres, zoned Commercial Limited, owned by Islamic Center of PA, submitted by Yingst Engineers & Associates, Inc, PCFile# 14-12-01, Time Limit Deadline of July 30, 2015, subject to the favorable resolution of all staff and County comments, and adding a note to the plan to install sidewalks in the future at the Township’s discretion. The motion, seconded by Ms. Vernon, carried unanimously.
Request for Zoning Text Amendment to Hampden Township Zoning Ordinance Chapter 27, Part 17, Section 1721 adding new definitions for Interchange Commercial Park and New Regulations for Signs within an Interchange Commercial Park

The plan has been tabled by the applicant.
New Business

Final Land Development Plan for Drive Time, located at 6230 and 6240 Carlisle Pike, 2 lots, 2.85 acres, zoned Commercial General, owned by Howard and Randall Hirsch, submitted by PennTerra Engineering

Mark Magrecki, PennTerra Engineering, was present to speak concerning the Drive Time Auto Sales submission. He said the plan consists of two lots located at 6230 and 6240 Carlisle Pike. He said the lots are currently improved with buildings; a vacant Verizon store which they are proposing to construct an addition on that store. He said they are planning to demo the existing structures on 6240 Carlisle Pike and the display parking would largely be placed on that lot. He said that currently there is two existing points of access from the Carlisle Pike, both of which would be maintained without any changes. He said they have their scoping application into PennDOT. He said they are proposing stormwater management facilities to address the increased impervious coverage. Mr. Magrecki has received Cumberland County Conservation District Approval.

Mr. Magrecki said they are asking for two waivers, one for preliminary plan, the second for the sidewalk requirement.

Mr. Magrecki said he was told as of a couple days ago conflicting information if Drive Time would be purchasing the property or leasing from Howard and Randall Hirsch, the current property owners.

Mr. Magrecki said they have talked with the applicant and the current property owners about the sidewalk installation and the thought was to try to defer. He said they were in receipt of Township and County comments.

Manager Metts asked if the applicant was planning to connect the back area of the lot to Simie Street.
Mr. Magrecki said the surveyor that surveyed the lot picked up this little gravel access that was put in at some point. He said their principle access for customers would be from the Carlisle Pike. He said they have not had any conversations with Drive Time whether or not this access is really necessary. Manager Metts said Simie Street is owned by the Township and would encourage them to look at it for a secondary means of egress.

Mr. McMillan said the Community Development Department had a few minor comments. Mr. Magrecki said he would work to clarify those items.

Mr. Magrecki said they have a scoping permit into PennDOT to find out if both driveways have a Highway Occupancy Permit or they would have to bring them into compliance. Commissioner Silcox asked if there was a need to have the two access points. Mr. Magrecki said from the commercial side of things the applicant is always going to want as many access points as they can get. Commissioner Silcox said that is one of the driving forces of the Mixed Use Development District, to cut down on the curb cuts and having one access would be ideal.

Manager Metts asked if the owners of the property are proposing to keep the two lots separate as opposed to consolidating. Mr. Magrecki said that is something they discussed with staff and he feels it is a fairly simple request. He said when he learned that there could be a potential different ownership; he now needs to go back to Randall Hirsch to get his preference. Manager Metts said if nothing is done, a cross access easement, among other things, may be required. Mr. Magrecki said he is working on it.

Chairman Stephens asked for clarification on the stormwater volume calculations. Mr. Sweeney said the applicant is proposing an infiltration basin, however, in their stormwater management report there was no infiltration testing to date. He said that comment that still stands. Mr. Magrecki said they would be conducting the testing.

Chairman Stephens said there would be stone under the paving and asked if that would be used for quality control. Mr. Magrecki replied that it would be used for storage. Chairman Stephens said then it should not be compacted. Mr. Magrecki said that is correct. Chairman Stephens asked how would they not compact that stone under the paving. Mr. Magrecki said what they are discussing is when they install the infiltration they use several of these in several locations in commercial developments. He said the stone that they put in is clean graded stone and that four-foot bed cannot be compacted.

Chairman Stephens asked how they know that the stone in the four-foot bed was not compacted.
Mr. Magrecki said because you are not compacting the stone, just the material above the stone. Mr. Miller asked if Mr. Magrecki could provide examples of where this has been installed before. Mr. Magrecki replied that he would.

Mr. Sweeney said there was one more discussion item with regards to allowing the Hampden Township Fire Department to conduct training in the building that would be demolished. Mr. Magrecki said he would check for staff.

Commissioner Silcox asked how many jobs would be expected at this location. Mr. Magrecki said he would find out before the next Board of Commissioners’ meeting.

Commissioner Silcox wanted to reiterate about installing sidewalks and it is getting to the point where the Township needs to start in some of these areas.

Manager Metts asked if Mr. Magrecki had any concerns with the County review. Mr. Magrecki said he had no concerns and if he did, he would get back to staff concerning any issues.

Vice Chairman Mellott asked if the Planning Commission would make a recommendation on the sidewalks. It was determined that the members would leave that out of the motion.
MOTION by Vice Chairman Mellott to recommend approval to the Board of Commissioners for Drive Time Auto Sales the waiver of preliminary plan. The motion, seconded by
Ms. Vernon, carried unanimously.

MOTION by Vice Chairman Mellott to recommend approval the Board of Commissioners the Final Land Development Plan for Drive Time, located at 6230 and 6240 Carlisle Pike, 2 lots, 2.85 acres, zoned Commercial General, owned by Howard and Randall Hirsch, submitted by PennTerra Engineering, PCFile # 15-06-01, Time Limit Deadline of September 9, 2015, subject to the favorable resolution of all staff and County comments. The motion, seconded by Ms. Vernon, carried unanimously.

Good and Welfare

Manager Metts said the Commissioners conducted a public hearing for the Conditional Use Application for the Cumberland Valley School District. He said the only condition they had was that the school district be required for transportation improvements as per the evaluation of the traffic study and those costs be born solely by the school district. He said they should be completed preferably prior to issuing the Certificate of Occupancy for the school. He said the Township is agreeable to the idea of phasing those improvements once the traffic study is done.

Adjournment

MOTION by Vice Chairman Mellott to adjourn the Planning Commission Meeting. The motion, seconded by Ms. Gregory, carried unanimously.

Chairman Stephens adjourned the meeting at approximately 9:10 p.m.

Respectfully submitted,
_________________________________
Rita Finkboner, Recording Secretary
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