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HAMPDEN TOWNSHIP PLANNING COMMISSION

Meeting Minutes

April 9, 2015 7:30 p.m.

Attendance

Planning Commission Members

Chairman Ronald Stephens
Vice Chairman Craig Mellott
Member Tracey Vernon
Member Claudia Williams – Absent
Member Phil Klotz

Commissioner Liaison

Nathan Silcox

County Planning Commission

Jeffrey Kelly

Township Staff

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

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 Ms. Vernon to approve the Planning Commission Meeting Minutes of
March 12, 2015. The motion, seconded by Vice Chairman Mellott, carried with Mr. Klotz having abstained due to his absence at the March meeting.

Old Business

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 Madden Engineering Services

This plan has been tabled by the applicant
Preliminary Subdivision Plan for Hunters Glen, located on the west side of Hunter Drive, 2 lots in Hampden Township, 72.5 acres, zoned Residential Country, owned by the Estate of Oliver and Mary Rosenberg c/o Adam R. Deluca, Esquire, submitted by Alpha Consulting Engineers

Thomas Scully, Alpha Consulting Engineers, was present to speak concerning the Hunters Glen plan. He said the proposed subdivision was located in two townships, two lots in Hampden Township and 47 lots in Silver Spring Township. He said the Silver Spring Township Board of Supervisors approved the plan conditionally on March 25, 2015. He said Alpha met with Township staff the previous day to go over the remaining comments. He said they are asking for a recommendation of approval conditioned upon resolution of those comments. He said there has been discussion concerning the applicant to provide offsite intersection traffic improvements.

Mr. Scully said there are several waivers that have been requested and one additional one presented that evening. He said the newest one is with regards to the medians within the boulevard. He said there is one median in the Township, which is prohibited. He said Silver Spring Township did recommend approval for that design.

Manager Metts said he had concerns that he voiced at the previous Planning Commission meeting regarding the traffic along Hunter Drive and whether a traffic impact study would be appropriate. He would like to see that done but the developer has indicated a willingness to meet and discuss the matter before the Board of Commissioners’ meeting.

Mr. Miller said there are two issues in Hampden Township that are of a concern- one being emergency access, which he believes Alpha has addressed. The other issue is there has been no submission to the Hampden Township Sewer Authority. He said with this being a preliminary plan it would not be a big concern, however, there is no capacity allocated for this area and it needs to have the intermunicipal agreement between Hampden Township Sewer Authority and Silver Spring Township Sewer Authority amended. He said that it could be a lengthy process.

Mr. Miller said in addition to the comments from the engineering memo, he asked that the note on the plan regarding the proposed forced main that is offered for dedication to Hampden Township Sewer Authority, be removed from the plan. He said discussions with the Authority have indicated it would not accept that portion.

Mr. McMillan said the applicant for the project has explained the way they would address the remaining Community Development comments. He said his Department believes those can be adequately addressed.

Chairman Stephens asked if staff had concerns with the newest waiver request. Mr. Miller replied no, because it is consistent with what would be in Silver Spring Township. He said the medians would be an open space area maintained by the Homeowners’ Association.

Jere Engelman, Hunter Drive, lives directly across from the proposed development. He said since there is a visibility issue onto Hunter Drive, he asked where the driveways would exit for the two lots in Hampden Township. Mr. Scully said Lot No. 2 would access the new proposed road; he said there is a break in the median so that they could exit the property. He said Lot No. 1 fronts on Hunter Drive and would exit at the bottom of the hill by the pump station driveway.

Mr. Engelman asked how the stormwater would be handled for the development. Mr. Miller said the majority of the development is in Silver Spring and would be under its MS-4 permit except for the two lots in Hampden. He said the development does have stormwater management facilities onsite to handle the stormwater.

Commissioner Silcox asked if Mr. Engelman was satisfied with the new entrance to the development. Mr. Engelman said it appears to be ideal for the development and better visibility.

Mr. Kelly said there was only one outstanding County comment, which was No. 10 with regards to a traffic impact study, and the applicant has indicated that they are willing to discuss a traffic contribution.
Mr. Scully said they have a letter from Grove Miller Engineering indicating that the fifty lots would not significantly impact the road.

Ms. Vernon asked when the application would be submitted to the Hampden Township Sewer Authority. Mr. Scully said the applicant wanted to get the approvals in order rather than concurrently. Ms. Vernon asked if the applicant was aware of the length of time it could take for sewer approval. Mr. Scully replied that yes, they were aware.

Mr. Miller said one of the requirements of the preliminary plan was to receive E & S approval from the County Conservation District. Mr. Scully said they would ask that be a condition from the Board of Commissioners’ approval prior to Phase 1 of the plan. Mr. Miller said there would need to be a note on the plan stating that no earth disturbance would be completed prior to the approval from Cumberland County Conservation District is received. Mr. Scully said there is a note on the plan that covers that.

Manager Metts asked why there is three phases proposed. Mr. Scully said it is the desire of the applicant based on market conditions.

Mr. Miller said there has been no dialogue between Hampden and Silver Spring Township’s Sewer Authorities regarding this project. He said under the MPC the applicant has within 180 days of plan approval to make a submission. Mr. Scully said they would definitely be able to prepare the paperwork and submit for the Sewer Authority within that time frame.

MOTION by Vice Chairman Mellott to recommend to the Board of Commissioners the approval of waivers for the median islands within the dedicated street right of way of proposed Thistle Drive, scale of the plan, and the submission of a written waiver before the Board of Commissioners’ meeting, Section 402.4.F approval of the erosion and sedimentation control plan from the Cumberland County Conservation District subject to a note being placed on the plan that no earth disturbance is done prior to the approval being obtained. The motion, seconded by Mr. Klotz, carried unanimously.

MOTION by Vice Chairman Klotz to recommend to the Board of Commissioners approval of the Preliminary Subdivision Plan for Hunters Glen, located on the west side of Hunter Drive, 2 lots in Hampden Township, 72.5 acres, zoned Residential Country, owned by the Estate of Oliver and Mary Rosenberg c/o Adam R. Deluca, Esquire, submitted by Alpha Consulting Engineers, PCFile# 14-11-01, Time Limit Deadline of May 31, 2015, subject to the favorable resolution of Township and County comments, submission of an application to the Hampden Township Sewer Authority within 180 days of plan approval, resolution of voluntary contributions for offsite traffic improvements prior to the Board of Commissioners’ meeting, and removal of the note regarding Hampden Township Sewer Authority owning/maintaining the force main. 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

The 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.

The plan has been tabled by the applicant.

Final Subdivision and Land Development Plan for 5267 Simpson Ferry Road, located at
5267 Simpson Ferry Road, 1 Existing Lot and 1 Proposed Lot, 6.987 acres, zoned Commercial General, owned by Howard and Randall Hirsch Partnership, LLC, submitted by PennTerra Engineering, Inc.

Joseph Stein, PennTerra Engineering, along with Chris Neil and Randy Hirsch, were present to speak concerning the land development plan. He said this plan shows the new lot created by the previous subdivision plan. He said the plan is for a new Advanced Auto Parts store that will have access from an existing but slightly improved drive off Simpson Ferry Road. He said he has received staff and County reviews and they can work to address any comments. He said they have submitted an E & S plan that is currently being reviewed.

Mr. Miller said there are several agreements that will be needed, cross access easement, driveway, sewer agreement for a private pump station, and stormwater operations and maintenance agreement for the basin that is on the adjacent property. He said the condition of approval for the preliminary plan was that the private pump station was evaluated and confirmed that it has sufficient capacity and operating in the proper condition. He said the report would be submitted directly to the Township. He said a review and certification of the existing stormwater facility is required.

Mr. Miller said this point was not in engineering memo, but asked if it would be possible to move the stormwater line south to get the inlets out of the line of vehicle travel. He would ask that be a part of the conditional approval that the applicant evaluates that possibility.

Manager Metts asked if sidewalks would be installed with this plan along Simpson Ferry Road. Mr. Stein thought that they had added that to the plan.

Mr. Kelly said the County comments have mostly been discussed. He asked when the erosion and sedimentation control plan was submitted to the County. Mr. Stein responded yes, within the last week and a half.

Ms. Vernon asked if a Highway Occupancy Permit has been submitted. Mr. Stein replied yes, one has been submitted PennDOT.

Mr. Klotz asked, with regards to excavations, if it is proposed along the front of the property Simpson Ferry Road. Mr. Stein said that is for the sewer force main to connect to the existing pump station. He said it would be a minor trench.

Commissioner Silcox thanked the applicant for agreeing to install sidewalks along Simpson Ferry Road.

Commissioner Silcox asked how many jobs would be added. Mr. Neill said about 12-18 jobs would be added. Mr. Neill said they would like to start construction as fast as they possibly could.
MOTION by Vice Chairman Mellott to recommend approval to the Board of Commissioners the waivers of partial payment of recreation fee, provision of additional right-of-way, volume and rate control of stormwater. The motion, seconded by Mr. Klotz, carried unanimously.

MOTION by Vice Chairman Mellott to recommend to the Board of Commissioners the Final Subdivision and Land Development Plan for 5267 Simpson Ferry Road, located at 5267 Simpson Ferry Road, 1 Existing Lot and 1 Proposed Lot, 6.987 acres, zoned Commercial General, owned by Howard and Randall Hirsch Partnership, LLC, submitted by PennTerra Engineering, Inc., PCFile#15-03-02, Time Limit Deadline of May 28, 2015, subject to the favorable resolution of Township and County comments, and evaluating the relocation of stormwater inlets outside the vehicular path. The motion, seconded by Mr. Klotz, 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 request has been tabled by the applicant.

New Business

Final Minor Subdivision Plan for 5221, 5223, and 5225 Terrace Road, located at 5221, 5223, and 5225 Terrace Road, 2 Lots (Proposes), 1.10 acres, zoned Residential Suburban, owned by David and Patricia Scott/James and Monica Young/Andrew and Cheryl Lusk, submitted by Alpha Consulting Engineers, Inc.

Tom Scully, Alpha Consulting Engineers, was present to speak concerning the subdivision plan. He said this plan is a resubdivsion of three existing lots to make two proposed lots centered on two existing homes by eliminating a vacant lot in the middle and right-of-way going down to the Conodoguinet Creek. He said they are going to reapportion the area. He has received comments from staff and County and they can adequately address them.

Mr. Scully said his office sent an updated request in regards to waiving the recreation contribution fee to the Township. He said the waiver is not documented on the plan yet.

Mr. Miller said there is an existing right-of-way that was extinguished and the applicant submitted the deed which he would like approval from the Township Solicitor as part of the condition for recording. He said the sewer right-of-way is still in place, but when the plan was recorded, it created a creek access right-of-way.

Tom Scott, the brother of the David Scott, explained the purpose of the creek right-of-way and how it was intended to be used. He said the result of the plan would make two non-conforming lots conform for its lot size.

MOTION by Vice Chairman Mellott to recommend to the Board of Commissioners approval of the waiver the request from contribution of recreation fee. The motion, seconded by Ms. Vernon, carried unanimously.

MOTION: by Vice Chairman Mellott to recommend to the Board of Commissioners approval of the Final Minor Subdivision Plan for 5221, 5223, and 5225 Terrace Road, located at 5221, 5223, and 5225 Terrace Road, 2 Lots (Proposes), 1.10 acres, zoned Residential Suburban, owned by David and Patricia Scott/James and Monica Young/Andrew and Cheryl Lusk, submitted by Alpha Consulting Engineers, Inc., PC File #15-04-01, Time Limit Deadline of July 8, 2015, subject to the favorable resolution of Township and County comments, and Hampden Township Solicitor approval of the quit claim deed. The motion, seconded by Mr. Klotz, carried unanimously.

Good & Welfare

Discussion to amend Chapter 27, Part 3, Section 302 modifying the Hampden Township Zoning map to rezone land from the Residential Suburban District to the Residential Towne District, and adding standards for apartments in the Residential Towne District. Discussion to amend Chapter 27, Part 3, Section 302 modifying the Hampden Township Zoning map to rezone land from the Residential Suburban District to the Apartment Office Limited District

James Strong, McNees, Wallace & Nurick, was present to speak concerning the possible land use at 6000 Creekview Road, owned by Ed Fetter, RVG Management. He said the owners of the property, Village Associates, are proposing to develop the property located between U.S. 581 and Creekview Road near the U.S. 581 westbound ramp. He said there is an existing manufactured housing development close to the property.

Mr. Strong said the proposal is to develop three apartment buildings and each building would have twelve units. He said there is a significant grade change from the roadways to the property. He said the property is located in the Residential Suburban District. He said the adjoining manufactured home development is located in the Residential Towne District.

Mr. Strong said what they propose are two ideas for how the property owner could development the land. He said nothing formal has been submitted, this is just for discussion only. He said the first concept would be to rezone both of the parcels from Residential Suburban to Residential Towne, but would also require amendments to the text of the zoning ordinance. It would allow apartments in the Residential Towne zone. He said the second group of text amendments would be to incorporate the standards that would be applicable to apartments in the Residential Towne district. Mr. Strong said they also proposed limiting factors where apartments could be developed.

Mr. Strong said the second proposal would be to rezone the property from Residential Suburban to Apartment Office Limited. He said there would be no amendments to the text of the ordinance.

Manager Metts said there are a number of moving parts; one the Board of Commissioners took action to schedule the public hearing for the updated Comprehensive Plan on May 28, 2015. He said any change being proposed would likely fly in the face of the updated plan. He said Apartment Office Limited is suspect for the future land use map. He said he has some concerns opening up the Residential Towne zoning district for apartments even with the restrictions that were described. He said it is possible to allow an Apartment Office Limited use with deed restrictions that the land would only be used for apartments.

Mr. McMillan said staff met with the applicant to discuss the options that are being proposed. He said some other type of use at this site would not be so intrusive, but then if it is zoned with the Apartment Office Limited, it opens it up to a lot more possibilities than just keeping it residential. He said the property does not abut a single-family home area.

Mr. Kelly said he has concerns with the land being changed to Residential Towne to allow apartments. He said the Comprehensive Plan recommends against that and that would be a change that would have to be made to the Plan. He said the Apartment Office Limited zone is more in the southern portion of the Township and having it in this area would allow more dense uses into the center part of the Township.

Ms. Vernon asked if the area had wetlands issues or could emergency vehicles access the site. Mr. Strong replied access would be from the existing public road and wetlands would be lower towards the Conodoguinet Creek.

Mr. Klotz said he looked at the existing land use and it is compatible with the adjacent manufactured home development. He said the 1994 Comprehensive Plan and the proposed Township Comprehensive Plan show residential medium density. The 2003 Cumberland County Comprehensive Plan is more general residential. He said by having many restrictions on what is allowed it could be considered spot zoning. He said he does not like the idea of modifying the Residential Towne use and going with Apartment Office Limited is far from a residential use. He said that from a practical standpoint it is a good fit for this specific property.

Vice Chairman Mellott said from a practical standpoint he does not know what else would fit at this site with the highway interchange and the manufactured home site being adjacent.

Vice Chairman Mellott asked how this area ended up with Residential Suburban next to a highway interchange. Mr. McMillan said the zoning predated it.

Mr. McMillan said maybe there could be a separate limited highway zone established that would not encroach on residential single-family home developments.

Commissioner Silcox asked if the two manufactured housing developments are owned separately. Mr. Fetter said it is all owned by Village Associates. Mr. Fetter said there have been no discussions concerning redevelopment of the actual park.

Commissioner Silcox asked if Mr. Strong had a timeline for this project. Mr. Strong said originally they tried to get ahead of the Comprehensive Plan update but it ended up not being feasible. He said there is no rush and the applicant does not want to interrupt the Hampden Township timeline.

Manager Metts asked how many manufactured homes would fit on the property. Mr. Strong said manufactured homes are not permitted in the RS zoning district.

Good and Welfare

Manager Metts said the Hampden Township Comprehensive Plan update has been scheduled for a public hearing on May 28, 2015. He said the Mixed-Use District public hearing has been scheduled for June 2, 2015.

Chairman Stephens said that it was Mr. Klotz’s last meeting. He thanked him for his time on the Planning Commission and wished him the best.

Adjournment

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

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

Respectfully submitted,
_________________________________
Rita Finkboner, Recording Secretary
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