YORK COUNTY PLANNING COMMISSION

YORK COUNTY PLANNING COMMISSION PROCEEDINGS: 7:30 p.m. November 5, 2008 - York County Planning Commission Regular Meeting, Administrative Center, Commissioners Meeting Room, 28 East Market St., York, PA 17401 The meeting was opened by Chairman Dunlap at 7:30 p.m. ROLL CALL Members Present : Terry Dunlap, Mary Kay Reed, Mary Coble, Randy Meyerhoff, Jeff Propps Members Absent : Michael Rodkey, Scott Simonds, Walter Kuhl, Brian Brenneman Staff : Felicia Dell, Director; Terry Ruby, Sr. Planner; Mike Shaffer, Sr. Planner; Sharon Reynolds, Planner II; Jean Ball, Recording Secretary Solicitor : Attorney Jeffrey L. Rehmeyer II Others : Tim Staub, Rettew; Barry Acher, PPL; Dave Yanney, Laura Yanney, Delta; Patricia Koehler; Richard Adams, Maria Payan, Christina Geppi, Jane Conley, Karen Doszynski, Dana Zawatsky, April Cooper, Eddie Henry, Maria Payan, W. J. Studley. Peach Bottom Twp.; Jamie Brubaker, Steve Spalt, Charter Homes Reporter : None PUBLIC COMMENT None APPROVAL OF MINUTES: Chairman Dunlap asked for any comments or corrections to the minutes of October 29, 2008. Ms. Coble pointed out that on page #4, on the 3 rd paragraph from the bottom under Mr. Homer Myers, we may want to say...and may want to have more advertising. Also, when we proceed with the Consent Agenda we talked about putting a heading to differentiate the Consent Agenda Action from the previous projects. Mr. Propps noted that under Project #08-77, Ms. Ludvigsen s name is incorrectly spelled. Following that discussion, Mr. Propps made a motion for approval of the October 29, 2008 minutes with corrections. The motion was seconded by Mr. Meyerhoff, voted on and carried, as stated. 1

COMMUNICATIONS: Project Review Correspondence C. S. Davidson, Inc., Penn Twp. (1); CET Engineering Services, Carroll Twp. (1); Service Tire Truck Center, Springettsbury Twp.; C. S. Davidson, Inc. Hanover Boro., (1); JMT, York Twp. Acknowledgments None FINANCIAL REPORT Ms. Dell stated that we are in a positive Cash Flow through the month of September. She discussed the list of items that are on target and the continuing drop in subdivision fees. Ms. Dell highlighted the CDBG projects, noted that on the expense side we are in a comfortable position with all line items. She stated that she will monitor dues and subscriptions as they are running a little high. Ms. Dell highlighted the ledger transfers related to BRAC and hardware services and reimbursements. Ms. Dell raised concerns regarding the fact that the County has enacted a hiring freeze and that there are possible impacts on the County funding sources. Following a brief discussion Mr. Dunlap asked that the record reflect that the September Financial Reports have been received, reviewed and will be placed in the file for the auditors. COMMITTEE REPORTS: Intensive Agriculture Mr. Dunlap asked for an update on the meeting with Ms. Bucknam. Ms. Ruby stated she discussed our questions with Ms. Bucknam. She stated that Ms. Bucknam said she would respond to our questions soon but if we have specific questions in the meantime we should go to our Solicitor. A brief discussion ensued. STAFF REPORTS: There were no questions or comments. SOLICITOR'S REPORT Attorney Rehmeyer discussed the Carroll Township Citizens Court decision, stating that the time to appeal has passed and the case has been concluded. He stated it has now become a York County decision and is a fact-specific case. Attorney Rehmeyer emphasized that the man-made Stormwater structures are not allowed in the buffer. Attorney Rehmeyer stated that in regards to the agenda item, Professional Services Agreement with Gannet Fleming, appears later he is recommending it for approval. 2

OLD BUSINESS Cornerstone at Concord Commons, LP, 2-Lot Final Subdiv. For Concord Commons, Felton Boro. & Chanceford Twp., YCPC File # 62-08-07-11-251 Mr. Shaffer noted that the Commission had granted them a time extension and they have now revised the Plan. He stated they have cleaned it up but the lot sizes were incorrect. Ms. Shaffer stated they have corrected it, but it was just received today. He asked if the Commission considers this a correction or a revision. A brief discussion ensued. The question was asked whether the Township needs to look at the Plans again and approve the corrections. Mr. Shaffer stated the Township will need to re-sign the Plan. Mr. Shaffer stated that because of an existing system he doesn t believe they need to re-sign the Plan. Ms. Coble stated that the YCPC staff should take the time to look over the Plan to make sure it is the same Plan. She added that the plan does not comply with the York County Planning Commission s requirements for a sanitary sewer on each lot. A brief discussion ensued regarding providing for a secondary site on lot. Mr. Len Parrish, Cornerstone, indicated that because it is an existing system they don t need a secondary system and when public sewer goes in they will need to hookup to it. Ms. Ruby noted that our Ordinance does require a secondary sewer system and testing. Following the discussion, Mr. Propps made a motion to table the Plan. The motion was seconded by Mr. Meyerhoff, voted on and carried as stated. York Haven Bypass Rd., York Haven Sewer Authority, 2-Lot Minor Subdiv., York Haven Boro. YCPC File # 94-08-08-14-275 Mr. Shaffer highlighted the proposed Subdivision, stating they are asking for modifications on the Contours and original Sedimentation Control Plan. A brief discussion ensued. Ms. Coble said she had no problem waiting on the E&S, as long as they don t do grading before the Land Development Plan is approved. Ms. Coble made a motion to approve the request for Modification s.402.c.16, requiring contour lines given that the elevation will become the same as the road when grading is completed. Also, Modification s.404 be submitted with the Subdivision, on the condition that no work is started until the E&S is approved with the Land Development Plan. The motion was seconded by Mr. Propps, voted on and carried as stated. Ms. Coble made a motion for approval of the Final Subdivision Plan conditioned upon the deficiencies being corrected. The motion was seconded by Mr. Propps, voted on and carried as stated. Recommendation of York County Comprehensive Plan Amendments Ms. Dell stated that the public comment period is open until November 14, 2008. She highlighted other Counties that we received comments from stating that they are supportive. 3

She stated YCPC is looking for a recommendation to the York County Board of Commissioners. She stated they will then go through the public hearing process and move toward adoption before the end of the year. Ms. Coble made a motion to recommend adoption of the Amendments to the York County Commissioners. The motion was seconded by Ms. Reed, voted on and carried as stated. NEW BUSINESS The following projects were taken on an individual basis for discussion: YCPC PROJECT #08-94 PEACH BOTTOM TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: LOT AREA AND WIDTH IN RESIDENTIAL DISTRICT, USE REGULATIONS IN ALL DISTRICTS, GASOLINE STATIONS OR SERVICE STATIONS, CHILD DAY CARE CENTER, NURSERY SCHOOL, BED AND BREAKFAST INN, HOSPITAL, CONCENTRATED ANIMAL OPERATION/CONCENTRATED ANIMAL FEEDING OPERATIONS, JUNKYARD, WATER POLLUTION AND CONSERVATION, AND DEFINITIONS The purpose of this project is to review and comment on a proposal by Peach Bottom Township to amend the Township s Zoning Ordinance. The proposed amendments include amending the current text and adding new text to multiple sections in Part II, Zone Regulations, and in Part III, Additional Regulations for Particular Uses, including Gasoline Stations or Service Stations, Child Day Care Center, Nursery School, Bed and Breakfast Inn, Hospital, Concentrated Animal Operation/Concentrated Animal Feeding Operations, Junkyard and Water Pollution and Conservation, Part V, Definitions is also being amended. These amendments are being submitted for recommendations in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission finds the proposed amendments acceptable for the most part. However, the specific sections noted in the YCPC staff comments should be revised, prior to re-submission and enactment and offers comments in support of that recommendation., except for CAFO in Residential Zone. Ms. Ruby gave an overview of the project, highlighting several issues regarding allowed locations for the Concentrated Animal Operation/Concentrated Animal Feeding Operations. She stated she had a conversation with Ms. Susan Buckman regarding the amendments and what she suggested they do. Ms. Ruby stated this is not what she suggested they do. She stated that Intensive Agricultural is not an acceptable term. She stated the requirements they are putting in go above and beyond what the State allows. Ms. Coble had some concerns regarding whether it is their desire to remove CAFOs and CAOs and if that is their desire they should remove Agriculture from the Residential District. 4

Mr. Richard Adams, Ms. Maria Payan, Ms. Christina Geppi, Ms. Jane Conley, Laura Yanney, Karen Dunzzsky, and Eddie Henry, Peach Bottom Township discussed the issues of health, safety and welfare of the residents in the area. They also had concerns about how the process has been handled by the municipality. A lengthy discussion ensued, whether these are Industries or farming operations, as well as, health, safety and welfare issues. Ms. April Cooper, Peach Bottom Township farmer, spoke in defense of the farmers point of view and the definition of a CAFO. She shared an overview of how the farmers have been dealing with these issues. Ms. Ruby shared the discussions the YCPC staff had regarding the information they had available. A brief discussion ensued. Following the discussion, Ms. Coble made a motion to table the Plan and have the YCPC staff rereview their recommendation and contact Peach Bottom Township after reviewing information from the Attorney General s Office and make a recommendation. The motion was seconded by Mr. Propps, voted on and carried as stated. YCPC PROJECT #08-90 FAIRVIEW TOWNSHIP Act 537 SEWAGE FACILITIES PLAN UPDATE A proposed Act 537 Sewage Facilities Plan Update for Fairview Township has been submitted to the York County Planning Commission for review and comment, as required by Section 304 of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommended that the Fairview Township Act 537 Sewage Facilities Plan Update not be adopted until the comprehensive planning process is completed and taken into consideration as part of the Plan and the comments identified on the YCPC staff report addressed. of the proposed Plan as submitted. There being no questions or comments Mr. Propps made a motion for approval of the staff report as submitted. The motion was seconded by Ms. Coble, voted on and carried as stated. YCPC PROJECT #08-91 FELTON BOROUGH NEW SUBDIVISION AND LAND DEVELOPMENT ORDINANCE The purpose of this project is to review and comment on a proposal by Felton Borough Officials to adopt a newly created Subdivision and Land Development Ordinance. The proposed Ordinance is being submitted for recommendations in accordance with Section 505.(a) of the Pennsylvania Municipalities Planning Code (PA MPC). 5

The staff of the York County Planning Commission recommends that Felton Borough Officials consider the YCPC staff comments that are provided and make changes where appropriate prior to resubmission and enactment of the Ordinance. The staff offers comments in support of that recommendation. of the amendment as submitted. Following a brief discussion Ms. Coble made a motion that the staff comments be revised to state the project not be adopted as submitted and that the Planning Commission staff recommends that the Borough consider the comments provided. Also, that in the last paragraph it should be added that...and inconsistencies with the Zoning Ordinance. The motion was seconded by Mr. Propps, voted on and carried as stated. YCPC PROJECT #08-92 YORK TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) The purpose of this project is to review and comment on a proposal by York Township Officials to amend the township s Zoning Ordinance by deleting the provisions for Traditional Neighborhood Development Overlay Guidelines. This amendment is being submitted for recommendations in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends that the proposed repeal of the Traditional Neighborhood Development Overlay Guidelines not be enacted by York Township Officials, offering comments in support of that recommendation. of the amendment as submitted. There being no questions or comments, Mr. Propps made a motion for approval of the staff report as submitted. The motion was seconded by Ms. Coble, voted on and carried as stated. YCPC PROJECT #08-93 PEACH BOTTOM TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENT TEXT: DEFINITIONS, FEASIBILITY REPORT ON SEWER AND WATER FACILITIES, FINAL PLAN REQUIREMENTS, AND POLLUTION CONTROL The purpose of this project is to review and comment on a proposal by Peach Bottom Township to amend the Township s Subdivision and Land Development Ordinance. The proposed amendments include amending the current text of Section 303, Specific Words and Phrases, Section 503, Feasibility Report on Sewer and Water Facilities, Section 602, Required Accompanying Information (Final Plan Requirements), and by adding a new Section 719, Pollution Control. These amendments are being submitted for recommendation in accordance with Section 505(a) of the Pennsylvania Municipalities Planning Code (PA MPC). 6

The staff of the York County Planning Commission recommends that the proposed amendments be adopted as submitted. The LGAC Executive Committee reviewed the proposed amendments and recommended approval of the proposed amendments as submitted. There being no questions or comments, Ms. Coble made a motion for approval of the staff report as submitted. The motion was seconded by Mr. Meyerhoff, voted on and carried as stated. YCPC PROJECT #08-95 EAST PROSPECT BOROUGH SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENT PUBLIC DEDICATION OF PARK AND RECREATION LAND This project involves an amendment to the East Prospect Borough Subdivision and Land Development Ordinance proposed by Borough Officials. The amendment requires the dedication of public park and recreation land when a subdivision and/or land development is proposed, and also provides for the payment of a fee in lieu of the dedication of land. This amendment is being submitted for recommendations in accordance with Section 505.(a) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends that Borough Officials not adopt the proposed amendment as currently drafted, based on concerns with the content of the proposed text. Further, YCPC staff recommends that any requirements for the dedication of public recreational land not be adopted until the necessary primary planning tools (i.e., a Comprehensive Plan that includes a Recreation Plan, or a stand-alone Recreation plan) are developed and adopted. The LGAC Executive Committee reviewed the proposed amendments and recommended approval, except that by resolution be replaced by an actual figure, determined by a study. There being no questions or comments, Mr. Propps made a motion for approval of the staff report as submitted. The motion was seconded by Ms. Coble, voted on and carried as stated. YCPC PROJECT #08-96 EAST MANCHESTER TOWNSHIP ZONING ORDINANCE AMENDMENT MAP: COMMERCIAL (C) TO INDUSTRIAL (I) The purpose of the project is to review and comment on a property owner s request to amend the East Manchester Township Zoning Map by rezoning one (1) parcel of land located in the west central portion of the Township. The rezoning site is located east of Canal Road (S.R. 0921) and northwest of the current terminus of Espresso Way. The owner is requesting that Township Officials rezone the site from Commercial (C) to Industrial (I). The proposed amendment is being submitted for recommendation in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code. 7

The staff of the York County Planning Commission recommends that East Manchester Township Officials not adopt the proposed amendment as presented, offering comments in support of that recommendation. The LGAC Executive Committee reviewed the proposed amendment and recommended denial of the proposed amendment. Mr. Meyerhoff stated that the Township supports the change to go to Industrial, and he feels that they would rather see it as Industrial than Commercial. Ms. Ruby stated that it is the only land they have for Commercial that is available. A brief discussion ensued. Following a brief discussion, Ms. Reed made a motion for approval of the staff report as submitted. The motion was seconded by Ms. Coble voted on and carried as stated. There was 1 opposed. YCPC PROJECT #08-97 JACKSON TOWNSHIP NEW SUBDIVISION AND LAND DEVELOPMENT ORDINANCE The purpose of this project is to review and comment on a proposal by Jackson Township Officials to adopt a new Subdivision and Land Development Ordinance for Jackson Township. The proposed Ordinance is being submitted for recommendations in accordance with Section 504.(a) of the of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission (YCPC) notes that the Ordinance appears acceptable for the most part, and could be adopted as proposed. However, the YCPC staff suggest that the specific sections noted in the YCPC staff comments be revised, in whole or in part, as necessary. Changes to the current draft would of course require re-submission, following the procedure in Section 504 of the PA M PC prior to enactment. Revisions not considered to be critical for inclusion at this time, such as minor text (word) changes, Official Map and traffic impact fees, etc. could be made a part of succeeding amendments. The offered comments in support of that recommendation. as submitted. Ms. Coble made a motion to remove the sentence...could be adopted as proposed.., and state instead that the York County Planning Commission staff recommends that the Ordinance not be adopted and offers comments in support of that recommendation. The motion was seconded by Mr. Meyerhoff, voted on and carried as stated. YCPC PROJECT #08-98 HOPEWELL TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: CORNER LOTS The purpose of this project is to review and comment on a proposal by Hopewell Township Officials to amend the Township s Zoning Ordinance with regard to Corner Lots. This amendment is being 8

submitted in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission finds the proposed amendment acceptable and recommends Hopewell Township Officials proceed with enactment. of the proposed amendment as submitted. There being no questions or comments, Mr. Propps made a motion for approval of the staff report as submitted. The motion was seconded by Ms. Coble, voted on and carried as stated. YCPC PROJECT #08-99 STEWARTSTOWN BOROUGH ZONING ORDINANCE AMENDMENT MAP: INDUSTRIAL (i) TO COMMERCIAL VILLAGE (CV) This project involves an amendment to the Stewartstown Borough Zoning Map. The amendment proposes to rezone Parcel 129A and the majority of Parcel 129 of Tax Map 02 containing approximately 1.1 acres from Industrial (I) to Commercial Village (CV). This amendment is being considered at the request of the property owner/developer CHR Corporation, also known as Rutter s Farm Stores. The property owner/developer plans to purchase the area of the rezoning contingent, in part, upon the land being rezoned. This amendment is being submitted for recommendations in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends that the proposed rezoning be adopted as proposed and offers comments in support of that recommendation. of the proposed amendment as submitted. There being no questions or comments, Ms. Coble made a for approval of the staff report as submitted. The motion was seconded by Mr. Propps, voted on and carried as stated. YCPC PROJECT #08-100 YORK TOWNSHIP ZONING ORDINANCE AMENDMENT MAP: FARMING/OPEN SPACE (FO) TO LOW DENSITY RESIDENTIAL (RL3) The purpose of this project is to review and comment on a property owner s request to rezone seven (7) parcels and part of another parcel of land in York Township from Farming/Open Space (FO) to Low Density Residential (RL3). This amendment is being submitted for recommendations in accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends the proposed rezoning not be approved, and offers comments in support of that recommendation. of the proposed amendment as submitted. 9

Ms. Ruby shared an overview of the project stating that the parcels consists of a farm, woods, areas that are steeply sloped, with a stream through it. She stated that the Township envisions this to be Commercial in the near future. Mr. Jamie Brubaker, Charter Homes, spoke on behalf of the owner pointing out the recent rezoning of Heritage Hills. He noted that the Township is requesting that their TND Ordinance be repealed, and if that happens they will end up with a Non-conforming Use. Mr. Brubaker stated they believe in this project. He shared the steep slope provisions, an overview of the site and the options left to them if the TND is repealed. In closing he asked that the Planning Commission make a recommendation to change the RL to RL3 and that comment numbers 2 and 3 be stricken. A lengthy discussion ensued. Following the discussion, Ms. Coble made a motion to revise the YCPC staff report to remove comment #2 and that the comments be renumbered. Also, re-evaluate comment #4 and the potential restrictions for the property in question to insure that the Commercial development of the property is a viable use and if not to consider appropriate land uses that would be viable. The motion was seconded by Mr. Propps, voted on and carried as stated. There was 1 opposed. OTHER BUSINESS Northern York Co,. Regional Comprehensive Plan - Transportation Amendment Contract between YCPC and Gannett Flemming There being no comments or questions, and upon the recommended approval of the Solicitor, Mr. Propps made a motion for approval of the aforementioned Contract. The motion was seconded by Ms. Coble, voted on and carried as stated. Texas Eastern Pipeline Ms. Dell noted that the staff is looking for a firm date to hold the Lunch and Learn meeting with the Texas Eastern Pipeline representatives. She asked the Commission members to check the suggested dates and let Ms. Ball know which date will work for the meeting. Nominating Committee Ms. Dell noted that the Committee has the list of names for prospective Commission members they just need to pick a date for the meeting to make their recommendation to the County Commissioners. December meeting/holiday Dinner Menus were distributed and it was suggested that the Commission go to MB and Company for the Holiday Dinner this year, thereby supporting a downtown restaurant. 10

Ms. Reed made a motion to reserve seating at the MB & Company restaurant following the December 2, 2008 York County Planning Commission meeting. The motion was seconded by Mr. Meyerhoff, voted on and carried as stated. York County Economic Development Plan Update Mr. Heffner handed out information on the meeting dates for the next round of public meetings phase in the Economic Development Plan process. ADJOURNMENT There being no further discussion or business, Chairman Dunlap adjourned the meeting at 10:32 p.m. The next York County Planning Commission meeting will be Tuesday, December 2, 2008 at 6:00 p.m. (Note the change in the time for the December meeting) The meeting will be held at the County Administrative Center at 28 East Market Street, on the second floor in the County Commissioners meeting room. Respectfully submitted, Jean Ball Recording Secretary 11