THURSDAY, FEBRUARY 23, 2006
MEMBERS PRESENT MEMBERS
ABSENT
Terry
Bailey
David
Wingeard
Carol
Buskirk
Gerry
Longenecker
Marlin
Moyer
STAFF PRESENT
Julie
Hoepfer, Administrative Assistant Al
Brulo, Township Engineer
Robert
Leonard, Zoning Administrator Brian
Dickson, DCPC
OTHERS PRESENT
Linda
Turns Steven
Todd
Bill
Ostermayer Joseph
Lelii
I.
CALL TO ORDER
The meeting was called to order at 7:03 p.m. by
Chairman Zeiters.
II.
ROLL CALL
Noted by recording secretary.
III.
APPROVAL OF MINUTES
Ms. Buskirk moved, seconded by Mr. Bailey to approve
the January 26, 2006 meeting minutes.
The motion passed with Mr. Zeiters abstaining.
Ms. Buskirk moved, seconded by Mr. Moyer to approve
the February 8, 2006 workshop meeting minutes.
The motion passed with Mr. Zeiters abstaining.
IV PUBLIC
COMMENT
Linda Turns,
Mr. Brulo stated he believes he was indicating that if
there would be work done on the driveway in front of the property owners’
property in the right-of-way they need to obtain an agreement from the resident
to do work in that area. Ms. Turns did
not understand how this plan got to the Supervisors in this condition. Ms. Turns reminded the Planning Commission
that any zoning issues need to be resolved before plans are placed on the Board
agenda.
Mr. Brulo indicated he would have to go back and
review the plan, but generally when work is being done in front of a person’s
house within the right-of-way of the road, an agreement would be required. Mr. Brulo added that in no way would he imply
that the zoning ordinance could be waived, it would have to go before the
Zoning Hearing Board.
Ms. Turns added that she has been working with the
Neiss’s on this issue and felt their best bet was to sell the house.
V SUBDIVISION/LAND
DEVELOPMENT APPLICATIONS
B.
Preliminary and/or Final Subdivision/Land Development
Plans
1. #05.021
Millstone Phase III, S & A Homes Inc. – Tabled.
2. #06.001 F/LD T/A 3 Bay Expansion – Steven Todd, Buchart-Horn, was in attendance to
represent the plan. The purpose of the
expansion is to add three new bays for tire changing only. There will be no oil changes or new
utilities.
Mr. Brulo presented comments from his February 16, 2006 report:
#1A Label plan as “Final.”
#1C Show at least one concrete monument
#1E Add to HOP note “… if any work is to be
conducted within the state right-of-way of SR 0039,”
#1G Conduct a wetland investigation in the
area of the parking lot expansion and provide the appropriate wetland notes on
the plan.
#1H Withdraw this waiver request. (Water
feasibility report)
#1I Withdraw this waiver request. Describe the easement around the watercourse.
#1J Same as item #1I. Show items
#1K Change wording to request waiver of land
and fees.
#1L This waiver may not be needed, may be
exempt.
#2 ROW to be dedicated to PENNDOT. Call out existing ROW as legal.
#4 Add note stating that all design and
calculations for the retaining wall are to be sealed by a Professional Engineer
and submitted to the Township for review and approval prior to the construction
of the wall and to issuance of an occupancy permit.
#5 Clarify the type of trucks for the
turning radius shown to enter and exit the new bays. Trailers are now 53’, a larger turning radius
needs to be shown.
#8 Provide an ADT increase to determine
the contribution toward the SR0039 project.
#9 Show .05 footcandle limit on the
lighting plan.
Mr.
Dickson, DCPC, presented comments from his February 14, 2005 report:
#8 Building outline and corresponding text
is barely readable. On the land use
scheme map it would be helpful to show the expansion area and building
dimensions.
Mr.
Leonard, Zoning Officer, presented comments from his February 15, 2006 report:
#5 Is the existing gas line to be
relocated? Yes.
#11 There may be slope issues behind the
addition that need to be addressed.
Provide a detail of the slope above the wall drawing of the
hillside. Verify if this is a natural
hillside.
Motion #1
Ms. Buskirk moved, seconded by Mr. Wingeard to table plan #06.001, TA 3
Bay Expansion, due to outstanding staff and engineering comments, including the
steep slope issues and truck/emergency vehicle circulation throughout the
site. The motion passed unanimously.
VII. NEW BUSINESS
A. #2006.01 Rezoning Request – Joseph, John &
Flaviano Lelii,
Mr. Dickson, DCPC, stated that the county continues to be concerned
with increased traffic on Rt 39 due to land use changes that promote more
traffic. A zoning change from RR to R1
could conceivably allow more lots to be subdivided on this property, therefore
increasing the amount of vehicles accessing Rt 39. The RR zoning district is also intended to
act as a buffer zone between agricultural areas and other zoning
districts. If this property is rezoned,
it will mean the loss of another buffer area.
For these reasons, Dauphin County Planning Commission cannot support
this requested zoning change.
Mr. Leonard stated the parcel is in the growth area, however there is
no public water or sewer to this property without extensions. The property does have significant
environmental features which will make development a challenge.
Ms. Buskirk asked how long this property has been zoned RR. Mr. Leonard stated since at least 1995. Mr. Lelii verified that it was RR when he
purchased the property. Mr. Bolt asked
Mr. Lelii if he investigated the feasibility of development. Mr. Lelii stated they have not hired an engineer
yet. Mr. Bolt expressed his concern with
the extent of the wetlands.
Mr. Moyer indicated the site has many environmental issues and he would
like to see less intense development on Rt 39.
Mr. Moyer added he agrees with the County comments.
Mr. Bailey wondered how the Winslett development received approval if
the plan was to limit development on Rt 39.
Chairman Zeiters stated that approval came before the Rt 39 study and
was suppose to be the last of the R1 zoning along that corridor.
Motion
Mr. Wingeard moved, seconded by Ms. Buskirk to recommend denial of
Rezoning Request #2006.01 of Joseph, John and Flaviano Lelii due to the fact
that it is contrary to the recently updated Comprehensive Plan and surrounded
on three sides by RR zoning. The motion
passed 6-1 with Mr. Bailey voting nay.
Ms. Turns stated she didn’t have an opportunity to say a thing about a
helicopter coming to her backyard and felt that Mr. Moyer and Mr. Bailey should
have recused themselves from voting on the plan. Mr. Bailey indicated he has no financial
interest in this plan. Mr. Bailey
thanked Ms. Turns for her opinion.
B. #2006-01 Conditional Use Request, Barry Pagliaro, 7201
Allentown Boulevard – Mr. Leonard
explained that the applicant bought the Beyers property along Allentown Boulevard
with the intent of using a large warehouse portion of the building to house a
small garage door assembly business. The
best definition of Mr. Pagliaro’s business, Alto Door Company, is light
industry, which is a Conditional Use in the Commercial Highway Zoning District
(under Section 195-57.B). Specific
standards for light industry are in Section 195-178, while general standards
for Conditional Use are spelled out in Section 195-188. The lot is 3.78 acres, and housed a food
processing and storage business previously.
The lot is serviced by on-lot sewer and water, and currently has two
tenants – an electrical servicing business, and a furniture consulting
business. Both the existing businesses
are permitted by right, and have permits.
Mr. Leonard indicated the requirement of public sewage may be a problem.
Chairman Zeiters wondered if a variance could be considered for the
public sewage requirement or possibly a text amendment.
Motion
Mr. Wingeard moved, seconded by Mr. Moyer to recommend denial of
Conditional Use Request 2006-01 of Barry Pagliaro based on the requirements of
the zoning ordinance. The applicant is
encouraged to explore other options. The
motion passed unanimously.
A.
B.
Discussion of
Sample Heliport Ordinances –
Considerable discussion occurred and it was agreed there should be separate
definitions for Heliport and Helipad.
Areas to consider and restrictions were discussed as follows:
·
Size of
helicopter (weight under 1,600 lbs or specify engine type)
·
Setbacks from
property line
·
No fueling in
residential areas (helipad)
·
Hours of operation
·
Maximum number of
trips per day
·
Application to be
renewed when FAA or BOA renews
·
Hazardous
regulations
·
Environmental
regulations (Heliport)
·
Noise (minimum)
·
Conditional use
in some zoning districts/permitted in others
·
Minimum lot size
·
FAA & BOA
Approval
·
Heliport
permitted in I & IE
·
Helipad permitted
in BE
·
Helipad
conditional use in FRA, C
·
Pad must be
bituminous of concrete 80’ in diameter
·
Isolation
distance (1,000’ or ?) from any dwelling unit
·
Fencing to be
required around entire property
·
Applicant must
provide documentation from federal government approving use
·
Not open to
general public (Helipad)
·
Private only no
commercial heliport
Mr.
Leonard will provide a draft ordinance for review at the March workshop
meeting.
C.
Discussion of
Changes to Batch #2 of Zoning Amendments
– Mr. Leonard reviewed the changes requested by the Board of Supervisors as
follows:
·
Add definition of
vernal pond
·
Change SIC to
NAICS (195-9)
·
Section 195-18
size of accessory building
·
Section 195-20
change to small farm preservation
·
Each zoning
district where condos are allowed insert interior yard requirements
·
EPODS –
Conditional use – see new section proposed 195-182. Draft wording provided needs further work and
will be another topic of discussion at March workshop.
·
Section 195-82 Permits
obtained from Army Corp & DEP shall take precedence over Township
requirements (pg 10)
·
Vernal pond moved
from SPOD to WPOD.
There
was considerable discussion regarding agricultural land and lot size. The next Board workshop will be March 13,
2006.
Ms. Buskirk announced that the rain garden workshop will be held on March 15, 2006 at 7:00 p.m.
IX. ADJOURNMENT
The meeting adjourned at 9:50 p.m.