BETHLEHEM TOWNSHIP PLANNING COMMISSION REGULAR PUBLIC MEETING September 25, 2006

Transcription

1 BETHLEHEM TOWNSHIP PLANNING COMMISSION REGULAR PUBLIC MEETING September 25, CALL TO ORDER Ms. Snover called the meeting to order at 7:03 p.m. The following members were present: Stan Rugis, Shana Goodchild, Kenn Edinger, Tom Nolan, Hal Mellor, and Lee Snover. Also present were Howard Kutzler, Planning Director; Chris Bartleson, Assistant Planning Director; Thomas Elliott, Township Solicitor and Kevin Chimics of Spotts, Stevens & McCoy Township Engineers. (Note: There presently is a vacancy on the Planning Commission). APPROVAL OF MINUTES Mr. Mellor made a motion to approve the minutes of the August 28, 2006 Planning Commission Meeting as presented. The motion was seconded by Mrs. Goodchild and carried by a 5-0 vote (Mr. Edinger abstained.) ELECTION OF VICE CHAIR Mr. Edinger nominated Mr. Mellor for Vice Chair. There being no other nominations, the nominations were closed. Mr. Mellor was nominated for Vice Chair by a 6-0 roll call vote. COURTESY OF THE FLOOR Ms. Snover stated she would take general comments during Courtesy of the Floor on anything that does not deal with the agenda; however, anyone with specific, technical questions on an agenda item should wait until that agenda item is discussed to offer their comments or questions. There were no comments at this point in the meeting. CORRESPONDENCE Ms. Snover noted the correspondence as listed on the Planning Commission agenda of September 25, OLD BUSINESS ST. LUKE S HOSPITAL RIVERSIDE OUTPATIENT COMPLEX PHASE 1 LAND DEVELOPMENT Mr. Kutzler advised that no new information has been submitted. Mr. Rugis made a motion, seconded by Mr. Edinger to table this plan. The motion carried by a 6-0 vote. BETHLEHEM STORAGE GARAGE LAND DEVELOPMENT Andy Bohl of Hanover Engineering was present. Mr. Bohl reviewed the comments of the Township Engineer and stated that he is requesting an additional waiver regarding the buffer yard (condition of approval no. 18 of Planning Commission Resolution 1189

2 2 P. Solicitor Elliott noted that is a zoning requirement that cannot be waived by the Planning Commission. Mr. Bohl responded that he believes there is a provision in the Zoning Ordinance that allows the Board of Commissioners to waive this requirement. After briefly reviewing the section cited by Mr. Bohl, Mr. Kutzler stated that Mr. Bohl s point is accurate and the Board of Commissioners may be allowed to waive this requirement as part of the final plan. Mr. Kutzler suggested that Mr. Bohl submit a waiver as per Zoning Ordinance Section 1904.D.3.b. Mr. Edinger made a motion, seconded by Mr. Mellor to grant preliminary plan approval for the Bethlehem Storage Garage Land Development subject to Resolution 1189 P with additional language stating that a waiver request be submitted for final plan approva l, to the satisfaction of the Township Solicitor and Township Engineer stating how the applicant will comply with the intent of Zoning Ordinance Section 1904.D.3. The motion carried by a 6-0 vote. LANDS N/F OF HUERTAS (FAIRVIEW STREET) - BOUNDARY LINE ADJUSTMENT PLAN Greg Noll of Keystone Engineering was present. Mr. Noll stated he was in receipt of the Township Engineer s review letter of September 19, 2006 and the draft resolution and had no questions or comments regarding either of the documents. Mr. Nolan made a motion, seconded by Mr. Edinger to approve the boundary line adjustment plan of the Lands N/F of Huertas. The motion carried by a 6-0 vote. VINEYARD PHASE 8 MAJOR SUBDIVISION - Mr. Kutzler noted that the engineer for this project had not yet arrived and asked that the Planning Commission review this plan later in the meeting. DARRIN E. KNOWLES MAJOR SUBDIVISION PLAN Ms. Bartleson stated that this project has serious issues and the applicant is trying to work them out. Ms. Bartleson added that the applicant has offered a time extension. Mr. Edinger made a motion to table this plan. The motion was seconded by Mr. Mellor and carried by a 6-0 vote. NEW BUSINESS BRODHEAD MANOR SECTION II, MANOR ROAD BOUNDARY LINE ADJUSTMENT PLAN Mr. Kutzler noted that the engineer for this project has not yet arrived and asked the Planning Commission to consider this plan later in the meeting. CONRAD (BRODHEAD ROAD) LAND DEVELOPMENT Mr. Kutzler advised that he received a call today from the engineer for this project and stated the engineer realizes the number of issues to be resolved and requested that the plan be tabled. Mr. Mellor made a motion to table the Conrad Land Development Preliminary Plan. The motion was seconded by Mr. Edinger and carried by a 6-0 vote.

3 MEYER LANE OFFICE CONDOS LAND DEVELOPMENT FINAL PLAN 3 Mr. Kutzler advised that the Engineer for this project had not yet arrived at the meeting and asked that the Planning Commission consider this application at the end of the meeting. KMART/SEARS PLAZA LAND DEVELOPMENT Charles Unangst of Hanover Engineering was present. Mr. Unangst stated that he received a lengthy review letter and was not looking for any approval this evening. Mr. Unangst stated that the plan is to remove the existing bank and construct a new strip of stores with new tenants. Mr. Nolan commented that he does not see what the Planning Commission wanted to see with the previous sketch plan regarding the entrances. Mr. Unangst stated that a meeting has been scheduled with staff and at that point the client will explain what he can and cannot do regarding certain things out of the footprint. Mr. Edinger made a motion, seconded by Mr. Rugis to table this application. The motion carried by a 6-0 vote. BIRCHWOOD COMMONS LAND DEVELOPMENT Mark Bahnick of Van Cleef Engineering, Mike Scott of the Martin Architectural Group and Attorney Jim Preston were present. Mr. Bahnick provided a handout to the Planning Commission of the land development plan for ten buildings containing high-end, stacked townhouses. All the buildings will be surrounded by a green area; 3 buildings have frontage on Freemansburg Avenue and 7 buildings focus toward the green space. Proposed is the extension of 12 th Street back to Birchwood Park, alley access to the rear of all units, provisions for emergency access, extensive sidewalks along the entire property, a 60,000 sq. ft. green area with a gazebo, sitting areas and plantings. Mr. Scott explained that there would be 5 units in each building which would not be more than 55 in height. Square footage of the units would range from 1,200 1,650 square feet. Mr. Bahnick added that there is a township ordinance in place that defines townhouses and he agrees that these units are classified as mid-rise apartments. Mr. Kutzler stated that the site lies within the Streetscape Enhancement area and noted the comments of Thomas Comitta. Mr. Kutzler noted Mr. Comitta s 2 alternative plans, stating that the substantive issue is the location of the 7 buildings away from Freemansburg Avenue. Mr. Kutzler also noted the comments of the Public Safety Committee relating to the width of the alleys and insufficient parking areas. Lastly, Mr. Kutzler stated that the plan as proposed would require a Special Exception approval and based on the Township Engineer s review letter of September 15, 2006, staff recommends that the plan be redesigned to address the many comments associated with the plan. Attorney Preston stated that if the project goes forward, the applicant is aware that it needs special exception and variances from the Zoning Hearing Board related to density and setbacks. Attorney Preston requested feedback from the Planning Commission about the concept of the plan. Ms. Snover commented that she does not like the alley circling the common green area and feels that it takes away from the green space. Mr. Kutzler stated that Mr. Comitta s second alternative allows front and rear access. Birchwood Alley would be a street, allowing parking on it and adding curbing, street trees and lighting. Mr. Kutzler added that what is being proposed by the developer does not work for emergency

4 4 vehicles. Mr. Bahnick stated that he is trying to preserve the view of the common green space but would try to find ways to widen the rear alley into a full size road. Mr. Nolan noted that at the last Recreation Committee meeting concerns were expressed regarding an existing water problem in Birchwood Park that is coming from this area toward the park and asked that this issue be kept in mind when developing the site. There being no other discussion, Mr. Rugis made a motion, seconded by Mr. Edinger to table this plan. The motion carried by a 6-0 vote. BRODHEAD MANOR SECTION II, MANOR ROAD BOUNDARY LINE ADJUSTMENT PLAN Don Frederickson of Environmental Design and Engineering was present. Mr. Nolan made a motion, seconded by Mr. Rugis to grant approval of the Brodhead Manor Section II Boundary Line Adjustment Plan subject to Planning Commission Resolution 1190 F. The motion carried by a 6-0 vote. VINEYARD PHASE 8 MAJOR SUBDIVISION Don Frederickson of Environmental Design and Engineering and Mark Wagner were present. Mr. Frederickson stated he is in receipt of the Township Engineer s review letter of September 15, 2006 and has provided a letter to the Township Solicitor from the adjoiner regarding the temporary cul-de-sac. Ms. Snover inquired regarding the request to defer the requirement to show the proposed detention basin landscaping and fence on the plans. Mr. Frederickson responded that the deferral has been withdrawn. Ms. Bartleson questioned whether Buildings 1 and 2 would be apartments and if so, the Public Safety Committee would request a dedicated fire hydrant to be located in the parking lot. Mr. Frederickson noted that if that is what would be required, it would be done, however, the apartments will not be central corridor apartments. Mr. Frederickson requested conditional preliminary approval. The Planning Commission expressed some concern that the Solicitor has not had the opportunity to review the letter from the adjoining property owner regarding the temporary cul-de-sac. Counsel for Mr. Wagner indicated that this letter was not a legal document. Mrs. Goodchild noted that staff feels tabling this plan would be the appropriate action. Solicitor Elliott questioned whether the applicant intends to comply with comments 32 and 33 of the Township Engineers September 15, 2006 review letter. Mr. Frederickson explained that this would be a temporary cul-de-sac that would be removed and requested waivers of SALDO Sections 1004I.I and 1004.I.2. Mr. Mellor made a motion, seconded by Mr. Rugis to grant conditional preliminary plan approval of the Vineyard Phase 8 Major Subdivision Plan subject to the Township Engineer s review letter of September 15, 2006 and the deferral and waiver requests dated September 17, The motion carried by a 6-0 vote. MEYER LANE OFFICE CONDOS LAND DEVELOPMENT FINAL PLAN Don Frederickson of Environmental Design and Engineering and Developer Robert Cahill were present. Mr. Frederickson stated he was in receipt of the Township Engineer s review letter of September 15, 2006 and would comply with the comments. Mr. Frederickson commented regarding the traffic impact fee and

5 5 requested consideration of payment of those fees as phases are built and occupied. Mr. Kutzler pointed out that this issue is dealt with in the developer s agreements that are prepared by the Solicitor. Solicitor Elliott stated that the problem with a flexible payment system is that never has anyone ever come back saying that they have more traffic than what was submitted. Mr. Frederickson asked whether the fees could be deferred until building permits are issued. Solicitor Elliott stated that the impact fees are fixed now and payable at permit time. Ms. Snover inquired regarding the Township Engineer s comment regarding an on-site fire hydrant and the Public Safety s comment regarding the location of the hydrant. Mr. Frederickson stated that a fire hydrant will be provided along Falmer Drive. Mr. Kutzler noted that the Public Safety Committee is using the Building Code to identify the number and location of fire hydrant requirements and these requirements cannot be waived by the Planning Commission. Mr. Kutzler added that the venue for appeal to this requirement would be through the Board of Appeals. Mr. Frederickson requested conditional fina l approval. Mr. Kutzler noted the number of comments contained in the Township Engineer s review letter and the boiler plate conditions that must go into the resolution. Mr. Kutzler stated that much staff work goes into drafting a resolution. Mr. Edinger made a motion, seconded by Mr. Mellor to grant conditional final approval of the Meyer Lane Office Condos Land Development subject to the Township Engineer s September 15, 2006 review letter. The motion carried by a 6-0 vote. Mr. Nolan cautioned that the Planning Commission not make it a practice to approve plans without draft resolutions. Mr. Kutzler added that past practice has been that the approving resolutions have no more than 20 conditions of approval. Solicitor Elliott stated that approval of plans with many conditions adds to the burden of the Board of Commissioners because they must review a lengthy resolution along with the Township Engineer s review letter. Solicitor Elliott added that it also adds to the burden of the Solicitor s review and the Planning Commission should use its leverage to ensure that plans are clean. Mr. Mellor responded that he has no problem if the practice is consistent but the practice has not been consistent over the past year. Ms. Snover commented that it is a waste of their time if the Planning Commission cannot make a decision on what is before them and Mr. Rugis stated that he does not want to be a rubber stamp. ADMINISTRATIVE REVIEW WRIGHT VETERINARY MEDICAL CENTER LAND DEVELOPMENT Time extension has been received. CARTER REPUBLIC ESTATES II MAJOR SUBDIVISION Mr. Kutzler advised that a time extension has been received and a meeting is scheduled for tomorrow evening (September 26 th ) with the Carter Republic Estates Homeowner s Association. Mike Toohey, 1795 Chardonnay Dr. Mr. Toohey asked that the residents of Chardonnay Drive be given written notice well in advance of the beginning of construction and that they also be assured that their driveways will remain open during construction. Mr. Toohey also requested that No Outlet signs be posted to help keep traffic down in their neighborhood. Mr. Kutzler responded that residents would be made aware of the date construction would begin and their driveways will remain open, however, No Outlet signs would never be posted on a through street.

6 FIRST COMMONWEALTH FCU (WILLIAM PENN HIGHWAY) LAND DEVELOPMENT 6 Ms. Bartleson advised that there are 2 main issues yet to be resolved for this plan. Still needed is written approval from all property owners for the proposed storm sewer system through private properties and the submission of a geology report. Barry Roth, 4323 Chetwin Terr. Mr. Roth expressed his concern regarding the stormwater piping system and that no one is talking to him about that plan. Mr. Roth stated his property sits at the bottom of this drainage system and he wants to know where the piping is going. Mr. Roth added that he wants protection for his property and also a guarantee that the water coming off this property will not affect his property. Mr. Kutzler responded that the developer is entitled to approval if the meet Township ordinance requirements and that this developer is doing more than what is presently there. Time extension has been received. ADJOURNMENT FREEMANSBURG SQUARE MAJOR SUBDIVISION Mr. Edinger made a motion, seconded by Mr. Rugis to adjourn the meeting at 9:00 p.m. The motion carried by a 6-0 vote. NEXT PLANNING COMMISSION MEETING Monday, October 23, 2006 Regular Public Meeting Respectfully submitted, Judy Todaro Recording Secretary Howard Kutzler Director of Planning & Economic Development