HAMPDEN TOWNSHIP PLANNING COMMISSION
July 9, 2015 7:30 p.m.
Planning Commission Members
Chairman Ronald Stephens
Vice Chairman Craig Mellott – Absent
Member Tracey Vernon
Member Claudia Williams – Absent
Member Bobbye Gregory
County Planning Commission
Manager Keith Metts
Assistant Manager David Blechertas
Assistant Zoning Officer Darrell McMillan
Assistant Director of Public Works Jeremy Miller – Absent
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.
There was none.
Approval of the Minutes
MOTION by Ms. Vernon to approve the Planning Commission Meeting Minutes of
June 11, 2015. The motion, seconded by Ms. Gregory, 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
John Murphy, Alpha Consulting Engineers, along with Esch McCombie, McNees, Wallace & Nurick, was present to speak concerning the Jamestown Square submission.
Mr. Murphy went over the changes made to the submission since the last Planning Commission meeting. He said they are requesting two waivers. He said he has received staff comments and would comply with any remaining items.
Chairman Stephens said he was present for one of the meetings that staff held with the developer. He appreciated their cooperation with addressing the outstanding items.
Mr. Sweeney said there were two stormwater comments remaining and staff is working through them with the applicant.
Mr. McMillan said the only outstanding Community Development comment was in regards to Hampden Township Zoning Ordinance Section 1603.3. Mr. McCombie said he spoke with Hampden Township Solicitor Keith Brenneman. He said it is their opinion that Section 1603.3 does not apply to the tentative plan. He said the Municipalities Planning Code (MPC) does not permit a municipality to use an ordinance to set the timeframes. He said the Zoning Ordinance, while it has the time in there, is the only portion of the Zoning Ordinance that is not consistent with the MPC.
Manager Metts said he discussed the matter with the Township Solicitor and was satisfied with the comments received from the applicant relative to the issue. He said if the Planning Commission chooses to recommend approval, the Board of Commissioners would consult with the Solicitor in order to make a decision. He said if, for some reason a member of the public would challenge the decision, then it would be the applicant’s responsibility to address any legal issues.
Mr. Kelly said most of the County’s comments have been addressed since the plan was first submitted.
Ms. Vernon asked the applicant to briefly describe the waivers being requested. Mr. Murphy said there were two waivers; one was regarding stormwater management because the geotechnical study shows that infiltration was not good in this situation. He said the second waiver was concerning the curbing and they only need a partial waiver because they are proposing curbing on the one side.
MOTION by Ms. Vernon to recommend to the Board of Commissioners approval of the waivers,
one for curbing and one for volume control of stormwater for the Final Land Development
Plan for Jamestown Square. The motion, seconded by Ms. Gregory, carried unanimously.
MOTION by Ms. Vernon to recommend to the Board of Commissioners approval of 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., PC File # 14-08-01, Time Limit Deadline of August 31, 2015, subject to the
favorable resolution of all Township and County comments. The motion, seconded by
Ms. Gregory, 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.
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.
Preliminary/Final Land Development Plan for Gilligan’s Bar and Grill, located at
5002 Carlisle Pike, 1 lot, 2.06 acres, zoned Commercial Limited, owned by George Lois, submitted
by K & W Engineers
Thomas Wilson, K & W Engineers, along with Chris Dawson, Dawson Architects, and George Lois, Gilligan’s owner, were present to speak to the submission. Mr. Wilson provided staff and the Planning Commission members handouts to go along with their presentation.
Mr. Wilson said they met with staff several times on this project, which was the Ye Olde Ale House and consists of three parcels of land. He said initially Mr. Lois was hoping that they could proceed with a simple building permit, however, meeting with the Township, a number of items came up that staff felt best to go through the subdivision and land development process.
Mr. Wilson said it was requested to coordinate with PennDOT, which they have. He said currently there are four accesses to the site. He said the access located on the Carlisle Pike nearest to the intersection would be eliminated.
Mr. Wilson said there are a number of discussion items, one being a request for additional right-of-way along the Carlisle Pike and Mr. Lois would grant that.
Mr. Wilson said it was requested to provide buffer screening along the western edge of the property. He said the western portion of the property is well vegetated at this point with evergreen trees and hopes that is sufficient to satisfy that requirement of the ordinance.
Mr. Wilson said there are several existing non-conformities on the site. He said one of which is the access drive width; currently it is 18 feet and the ordinance calls for 24 feet. They are proposing a 23 foot access drive. He said they are restricted due to the buildings on the site.
Mr. Wilson said the parking stall dimensions require 19 foot depth, the existing site has 17 foot deep parking. They propose 18 foot deep parking stalls.
Mr. Wilson said another requirement is curbing around the entire perimeter. They are requesting that they not provide it because it would modify the drainage patterns on the site. He said he would prefer to let those drainage patterns continue as they are.
Mr. Wilson said, lastly, one of the biggest issues on the site is parking. He said there are currently 115 parking spaces and they would provide 115 parking spaces. He said the proposed public space provided would be less than the public space that was at the Ye Olde Ale House.
Mr. Dawson said the handout showed the design layout of the building. It showed the overall site diagrams and provided public space for the Ye Olde Ale House and what would be the public space for Gilligan’s. He said the Gilligan’s building would be modestly bigger, but that it would not result in an increase of public space.
Mr. Wilson said they have reviewed staff comments and would be happy to address any questions. Chairman Stephens asked if Mr. Wilson had any issues with the comments. Mr. Wilson responded no, as long as everyone is comfortable with the plan.
Mr. Wilson said they have applied for three waiver requests and went over those with the Planning Commission.
Mr. Wilson said Mr. Lois was agreeable to installing sidewalks at the site.
Manager Metts asked for the reason the applicant is keeping the additional entrance drive. Mr. Wilson said for additional access and egress for the site. He said they have a scoping meeting scheduled with PennDOT. Manager Metts asked that staff be available to attend the scoping meeting.
Manager Metts said the plans shows the three lots being consolidated into one. Mr. Wilson said that was correct. Manager Metts asked the applicant if the number of parking spaces for the whole site took into consideration the office building that was the former District Justice office. Mr. Wilson responded that the total number of parking spaces would be for the office building and restaurant. Manager Metts said he wanted the applicant to understand that the office use and the required number of parking spaces for the site could possibly prohibit the changing of the office space to anything else, i.e. a banquet facility. Mr. Wilson said Mr. Lois fully understands that and intends on using that building as office space.
Mr. Sweeney said most of the engineering comments have been addressed. He said there was one more item for discussion, which was in regards to burying the overhead utility lines in case the right hand turn lane on the Carlisle Pike is extended. Mr. Dawson said his mechanical/plumbing engineer said they are planning on dropping down at that pole and going underground back to the restaurant to serve the restaurant and office building.
Mr. McMillan said the applicant has addressed some of the Community Development’s comments. He said a main concern was the square footage of the new restaurant not exceed what is existing.
Mr. Kelly said there is a 20 foot buffer yard required along the perimeter the adjacent residential uses; he asked if the dumpster area encroaches into that buffer area. Mr. Wilson said that is not an existing dumpster area.
Ms. Gregory asked what the intent would be for the office space at the building that is currently being renovated. Mr. Lois said it would only be used as offices for him and Gilligan’s right now.
Ms. Vernon asked to go over the waiver requests, discussion followed.
Commissioner Silcox asked how many employees would work at the restaurant. Mr. Lois said approximately 45 part time and 12 full time employees.
Commissioner Silcox asked if there would be any outdoor seating. Mr. Lois replied yes, but it would not be a big area and they do not have live entertainment at any of the Gilligan’s restaurants.
Chairman Stephens said turning in and out of Gilligan’s would be hard no matter time of day. Manager Metts said that would be something to discuss at the PennDOT scoping meeting.
MOTION by Ms. Vernon to recommend to the Board of Commissioners approval of the waivers for
preliminary plan, right-of-way dedication, and recreation fee pending discretion of the
Board of Commissioners for Gilligan’s Bar and Grill. The motion, seconded by
Ms. Gregory, carried unanimously.
MOTION by Ms. Vernon to recommend approval to the Board of Commissioners the Preliminary/Final Land Development Plan for Gilligan’s Bar and Grill, located at 5002 Carlisle Pike, 1 lot, 2.06 acres, zoned Commercial Limited, owned by George Lois, submitted by K & W Engineers, PC File #15-07-01, Time Limit Deadline of October 7, 2015, subject to the favorable resolution of all Township and County comments, and PennDOT Highway Occupancy Permit approval. The motion, seconded by Ms. Gregory, carried unanimously.
Request consideration for a Zoning Ordinance Text Amendment by Smith/Packett amending Chapter 27, Part 9, Section 903, Permitted Uses for the Office Park zoning District and Part 2,
Section 203, Specific Words and Phrases of the Hampden Township Zoning Ordinance
David Getz, Wix, Wenger & Weidner, along with John Murphy of Alpha Engineering, and William Holmes, Senior Vice President of Development in Construction of Smith/Packett, were present to speak concerning the text amendment request.
Mr. Getz said Smith/Packett is proposing to build a senior living facility in the Office Park Zoning District and would be at the corner of Technology Parkway and Good Hope Road. He said it is for senior citizens that would like to continue to live or move to Hampden Township. He said there would be three separate components inside the building, independent living apartments, a personal care facility, and a memory care facility, which is a form of personal care, not a nursing home. He said personal care is licensed differently than a nursing home in Pennsylvania. Mr. Getz said Hampden Township Ordinance allows assisted living facilities, but there is no provision for personal care facilities because it did not really exist as a need until about two years ago.
Mr. Getz said they are proposing a senior living facility use permitted in the Office Park Zoning District. He said in reviewing the Hampden Township Comprehensive Plan, it speaks to the need for senior housing and aging in place.
Mr. Getz said the text amendment created a definition for Memory Care Services, Personal Care Home, and Senior Living Facility.
Mr. Murphy said the plans have not been fully engineered, but they have gone far enough to ensure that it could be built within the approved parameters. He said it would be a four-story facility, about 180,000 square feet total.
Mr. Getz said when Smith/Packett gave their first proposal to the Board of Commissioners, it was asked if it would be non-profit facility. He said this would be a for-profit facility and would pay real estate taxes.
Mr. Getz said this property is in the area that is exempt from traffic contributions because they are buying it from the developer that built the traffic signal and improvements.
Chairman Stephens asked if the building in the sketch plan would work for the site. Mr. Getz said Smith/Packett did some very careful due diligence before they came to the Township initially. He said they do not anticipate coming back for anything else.
Mr. Kelly said the proposal fits within the Office Park Zone.
Mr. Kelly asked if the applicant needed to add any special criteria such as buffering. Mr. Getz said no, because the underlying zoning has the minimum lot size and buffering requirements already spelled out.
Ms. Vernon asked how many jobs would be created by opening the facility. Mr. Holmes replied 120 jobs would be created.
Chairman Silcox asked what was the time frame for this project. Mr. Murphy said as soon as possible.
MOTION by Ms. Vernon to recommend approval to the Board of Commissioners the Request consideration for a Zoning Ordinance Text Amendment by Smith/Packett amending Chapter 27, Part 9, Section 903, Permitted Uses for the Office Park Zoning District and
Part 2, Section 203, Specific Words and Phrases of the Hampden Township Zoning Ordinance. The motion, seconded by Ms. Gregory, carried unanimously.
Request consideration for a Zoning Ordinance Map Amendment by the Co-Trustees of
V. David Thompson Disclaimer Trust and other property owners amending Chapter 27 of the
Hampden Township Ordinance
David Getz, Wix, Wenger & Weidner, was present to speak concerning the rezoning map request. He said Steve Thompson, one of the owners of Thompson Wood Real Estate Firm, wanted to attend this meeting but was unable. Mr. Getz said Mr. Thompson approached him to discuss the map change. Mr. Getz said it would be a good idea to discuss this with the neighboring properties in the same Apartment Office Limited Zone. In December, Mr. Getz submitted the rezoning request to the Township. He said there is a small area of Market Street and some side streets zoned Apartment Office Limited, where everything else on Market Street is zoned Commercial Limited. He said they submitted a letter initially in February to the Township asking to change the zoning, but the Township Comprehensive Plan was well under way. He said they wanted to at least submit the rezoning request to the Township before the Comprehensive Plan was completed.
Mr. Getz said he was asked why the properties did not want to use the Mixed Use Overlay District. He said because the lot sizes of most of the properties do not meet the minimum lot size requirement for the Mixed Use Overlay District. He said one of the key points of the rezoning would allow more flexibility in allowed uses.
Manager Metts said his personal opinion is that the Mixed Use Overlay Zoning District certainly does expand upon the types of uses that are permitted beyond what the AOL zoning district uses are. He said the real challenge of this area is the minimum lot size to actually opt in to take advantage of the Mixed Use.
Mr. Kelly said he thinks this request goes along with at least the County Comprehensive Plan.
MOTION: by Ms. Vernon to recommend approval to the Board of Commissioners the request consideration for a Zoning Ordinance Map Amendment by the Co-Trustees of
V. David Thompson Disclaimer Trust and other property owners amending Chapter 27 of
The Hampden Township Ordinance. The motion, seconded by Ms. Gregory, carried
Good and Welfare
Commissioner Silcox said House Bill 33 is moving forward, which would allow the Planning Commission to appoint an alternate delegate.
MOTION by Ms. Vernon 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.
Rita Finkboner, Recording Secretary