MIDDLETOWN TOWNSHIP PLANNING COMMISSION REGULAR MEETING MIDDLETOWN MUNICIPAL BUILDING WEDNESDAY, October 4, 2017

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1 MIDDLETOWN TOWNSHIP PLANNING COMMISSION REGULAR MEETING MIDDLETOWN MUNICIPAL BUILDING WEDNESDAY, October 4, 2017 PRESENT: Charles Parkerson Nancy McCann Bob Burnett Fred Thomas Mike Costigan Brijesh Patel Pat Duffy, Zoning Officer John Genovese, Township Engineer ABSENT Sandy Farry 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL. a. Ms. McCann called the meeting to order at 7:00 PM. The Pledge of Allegiance was recited. Ms. McCann took roll call with six members present (listed above). Mr. Duffy and Mr. Young were also present. 2. APPROVAL OF PRIOR MINUTES a. Mr. Thomas made a motion to approve the minutes from the September 6, 2017 meeting. Mr. Costigan seconded. The minutes were approved 4-0 with Mr. Patel abstaining. 3. Discussion of Conditional Use Application for Commercial Trader, Inc. d/b/a Commercial Truck Center at 2400 Big Oak Road, Langhorne, PA 19047, M-1 Light Manufacturing Zoning District Richard Osterhout, attorney and Victor Pryst, owner provided an overview of the property and proposed use. The application is for a conditional use to allow motor vehicle sales in an M-1 Light Industrial zoning district. The applicant has received a zoning variance on March 22, 2017 to allow motor vehicle sales in the M-1 zoning district. The existing site is approximately 5 acres with a 30,000 SF building and parking lot. The vehicle repairs would be inside the building and the trucks for sale would be kept under the 20,000 SF overhang. The truck repairs and sales are for trucks weighing more than 14,000 pounds. The previous uses were industrial manufacturing, landscaping, truck repairs and SEPTA was using it for vehicle storage. Mr. Burnett questioned how will the property be improved with the proposed use. Mr. Osterhout responded that there will be less traffic with the proposed use. Mr. Genovese went over his review letter and stated the applicant needs to add all the existing non-conforming site data to the plan. Mr. Parkerson agreed and Mr. Thomas added the 60 foot right of way for Big Oak Road needed to be shown on the plan. The applicant agreed to add the data.

2 2 Susan Corvo Miller of 562 Croasdale Drive asked about fuel tanks on the site and where will the trucks be stored. Mr. Pryst stated that he will dispose of all fuel tanks on site and the trucks for sale will be kept under the overhang. Ms. McCann asked about the hours of operation and Mr. Pryst said 9 AM to 6 PM weekly and 9 AM to 3 PM on Saturdays. Mr. Thomas inquired how many vehicles for sale at a time and Mr. Pryst stated 4 to 10 trucks for sale at any one time. Mr. Thomas made a motion to recommend approval of the Conditional Use application to allow truck sales in an M-1 Light Manufacturing zoning district subject to the applicant addressing the township engineer review letter comments and that there will be no flammable storage on site. Ms. McCann seconded and the motion passed Discussion of 1022 Old Lincoln Highway - Three Lot Preliminary Subdivision Plan, Langhorne, PA 19047, TMP# & , S/LD 17-05, R-2 Residence Zoning District Brian Yorkiewicz, engineer and Lisa McKernan & Lisa Nurmi, owners were present. Mr. Yorkiewicz explained that this is a proposed subdivision only with no land development at this time. The owners intentions are to sell the unimproved lots to the future builders of the sites. Mr. Duffy stated that the applicant is appearing before the zoning hearing board next week to seek a variance to allow a 25 foot minimum lot width for Lot 2 where the ordinance requires an 80 foot minimum. Any recommendation tonight will be contingent upon the zoning variance. Mr. Genovese stated that there is a 50 foot setback from a state road for Lot 1. The applicant agreed to show on plan. William Gill of 1000 Old Lincoln Highway questioned why 3 lots since 2 lots would not require zoning relief and would be more in character with the neighborhood. Daniel Harmon of 947 Old Lincoln Highway voiced concerns about future builders and the driveway separation for the flag lot on Lot 2. Mr. Burnett made a motion to recommend preliminary plan approval based on applicant addressing all the review letter comments and receiving the zoning variance for lot 2. Mr. Costigan seconded and the motion passes Discussion of the Preliminary Subdivision and Land Development Plan Application for DC IV, Inc., 1366 Bristol Oxford Valley Road, Levittown, PA, 19056, TMP , S/LD #17-02, R-1 Residence Zoning District Frank Dillon, Esq., Troy Brennan, builder and Brian Binney, PLS appeared for the applicant DC IV and described the project as a four lot major subdivision on a two acre tract bounded by Bristol Oxford Valley Road, Nursery Avenue and Center Street. The

3 3 existing house on Bristol Oxford Valley Road will remain and become Lot 1. New houses are proposed or the other three lots with Lots 2 and 3 fronting on Nursery Avenue and Lot 4 on Center Street. Public water and sewer will be added to the existing house and the three new houses. The applicant is seeking six waivers per below: 1. SALDO A(3): States driveways shall be so located, designed, and constructed as to provide a reasonable sight distance at intersections with a stopping space, not to exceed a four-percent grade, 20 feet behind the right-ofway line. The Applicant is requesting a waiver from this section of the Ordinance. 2. SALDO A: States street trees shall be planted along all streets where suitable street trees do not exist and where existing conditions warrant the planting of street trees. The Applicant is requesting a waiver from this section of the Ordinance. 3. SALDO A: States sidewalks shall be provided where required by the Township. The Applicant is requesting a waiver from this section of the Ordinance. 4. SALDO B.(1): States all residential developments provide a minimum of 1,500 SF of recreation area per residential dwelling. The Applicant is requesting a waiver from this section of the Ordinance. 5. SALDO A: States curbs shall be provided along both sides of all proposed or existing streets, unless in the opinion of the Board of Supervisors, with the advice of the Township Engineer, they are unnecessary. The Applicant is requesting a waiver from this section of the Ordinance. 6. SALDO E: The Applicant is requesting a waiver from this section of the Ordinance to allow concurrent Preliminary and Final Plan Approval. Mr. Duffy summarized the County Planning Commission, lighting, traffic and fire marshal review letters. No other issues were identified and the applicant agreed to meet all requirements of the letters. The following residents offered comments and concerns for the proposed subdivision: Ralph McClellan of 28 Fruittree Road wants street trees to help replace the trees the applicant recently cut down. He does not want roads widened with curbs. Linda Paulits of 1320 Bristol Oxford Valley Road wants curbs along Oxford Valley Road and drainage improvements at the intersection of Nursery Avenue. Rick Armstrong of 1348 Center Street wants trees and drainage improvements. Chris & Shirley Harding of 1420 Bristol Oxford Valley Road stated there is

4 4 existing sidewalk and curb along some sections of Bristol Oxford Valley Road. They also mentioned that there is a high groundwater table in the area and the removal of trees exacerbate the drainage in the area. Mr. Duffy explained to the residents that all the proposed on lot stormwater management facilities shall be deed restricted as part of the stormwater maintenance agreement with the township so that the individual property owners shall bear the maintenance responsibilities of the on lot stormwater facilities in perpetuity. If a homeowner allows a stormwater facility to fail, the township can enter the property to correct the problem and lien the property for all township incurred expenses. Mr. Duffy also noted that the township will contact PennDOT regarding the drainage issues on Bristol Oxford Valley Road, but there is no guarantee that PennDOT would act on the request. Mr. Burnett made a motion to recommend preliminary plan approval of the 4 lot major subdivision and the waiver requests subject to the applicant revising the plans to address the comments of the township engineer and fire marshal. Mr. Costigan seconded and the motion passed Discussion of for Preliminary Land Development Plan for Lincoln Plaza Pad Sites, Rt. 1 & Oxford Valley Road, Langhorne, PA 19047, TMP , S/LD #17-04, GB General Business Zoning District Denise Yarnoff, attorney, Scott Richardson, Simon Group and Mike Kissinger, engineer represented the project. Lincoln Plaza is a commercial retail center on a 23 acre parcel. The Simon Group is proposing two (2) fast casual restaurants on the former Big & Tall pad and two (2) fast casual restaurants on the vacant bank pad site. The proposed restaurants are the Metropolitan Diner, Zoes Kitchen, Habit Burger and Qdoba. The four restaurants will add 4,722 SF of building area. The existing nonconformities on the site are impervious surface area, the number of parking spaces and building setback distances. None of the existing non-conformities are being increased, therefore no zoning relief is required. Impervious surface will be decreased as green area will replace some existing paved areas and 22 additional parking spaces will meet the zoning requirement. The applicant noted that per the township engineer s review letter, the proposed building on the existing bank pad will be slid back to increase sidewalk width and the four parallel parking spaces will be eliminated. Mr. Duffy went over the traffic engineer s letter and noted that a traffic impact fee will apply to the proposed development. Mr. Thomas questioned the proposed storm sewer and Mr. Kissinger explained they are re-aligning the existing storm sewer due to the new buildings. Ms. McCann questioned the Sesame Place parking agreement and the applicant noted it is a temporary agreement that can be terminated as needed.

5 5 Mr. Burnett opined that holiday parking is in great demand at Lincoln Plaza and he is concerned that the additional 22 spaces are behind the strip stores and not readily accessible to the four new restaurants. He also asked about the location of handicap spaces and Mr. Kissinger stated that handicap spaces are being added in front of the restaurants and the total number of handicap spaces on the site exceeds the state requirement. Mr. Thomas is satisfied with proposed stormwater infiltration facility and Ms. McCann agreed with the township engineer s recommendation to relocate a drainage inlet away from the dumpster area. Mr. Thomas made a motion to recommend preliminary plan approval and the waiver request for concurrent preliminary and final approval subject to the applicant revising the plans to address the comments of the township engineer, traffic engineer, lighting consultant and fire marshal. Ms. McCann seconded and the motion passed 6-0. Mr. Thomas made a motion to recommend final plan approval and the waiver request for concurrent preliminary and final approval subject to the applicant revising the plans to address the comments of the township engineer, traffic engineer, lighting consultant and fire marshal. Ms. McCann seconded and the motion passed ZONING ISSUES Mr. Duffy stated that 1022 Old Lincoln Highway subdivision as discussed above will be on next week s zoning agenda. Also, there are privacy fences on corner lots, a minor subdivision needing dimensional relief and a request to have a horse on a residential property in the A-O zoning district at the next hearings. 8. OTHER BUSINESS There is no planning commission meeting on November 1. Stone Farm has not re-submitted plans as yet, but they are tentatively scheduled for the December 6, 2017 meeting. 9. ADJOURMENT Mr. Burnett made a motion to adjourn the meeting, seconded by Ms. McCann. The vote was taken and the motion to adjourn was unanimously approved. The time of the adjournment was 9:20 P.M. Respectfully submitted, Pat Duffy, Director of Building & Zoning cc: Planning Commission Township Manager

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