YORK COUNTY PLANNING COMMISSION MONDAY, NOVEMBER 24, 2014-7:00 P.M. MEETING SUMMARY Vice-Chairman Coble opened the meeting at 7:00 p.m. ROLL CALL Members Present: Members Absent: Staff: Solicitor: Others: Reporter: Mary Coble, Brian Brenneman, Kevin Clark, Eric Bortner, Thomas Earp, Sean Kenny, John Parkes Walter Kuhl, Elizabeth Heathcote Felicia Dell, Dir.; Joseph Heffner, Asst. Dir.; Kurt Leitholf, Chief, Municipal Planning; Terry Ruby, Sr. Planner; Sharon Reynolds, Sr. Planner; Roy Livergood, Sr. Planner; Jean Ball, Recording Secretary Attorney Jeffrey Rehmeyer II, CGA Law Firm Dennis Crabhill, Conewago Twp. Sewer Authority; June Evans and Betsy Logan, Hellam Twp.; Zachary Steckler, Hanover Boro. None PUBLIC COMMENT No public comment was received. APPROVAL OF MINUTES Ms. Coble pointed out that on page #4, 3 rd paragraph it should read Mr. Earp, page #7, the first paragraph, Consent Calendar should be changed to Consent Agenda to be consistent with the heading. Following the discussion Ms. Coble made a motion for approval of the October 27, 2014 minutes, as revised. The motion was seconded by Mr. Brenneman, voted on and carried as stated. COMMUNICATIONS a. Project Review Correspondence None 1
b. Acknowledgments Ms. Coble highlighted a thank you from Habitat for Humanity regarding our support for many years and with the Sheely home dedication. FINANCIAL REPORT a. Ms. Dell noted we are mid-quarter of the way through the year regarding some of Revenue sources. She highlighted the funding for CDBG and Weatherization, noting the Expenses are running light and any deficit, at this point, will be manageable to the end of the year. Mr. Brenneman stated the fiscal office has requested that all expenses for 2014 be turned in to the office promptly so they can be processed prior to the end of the year. There being no questions or comments, Ms. Coble stated that the October Financial Report has been received and reviewed and will be placed in the file for the 2014 Audit. COMMITTEE REPORTS a. Alternative Energy Committee Ms. Coble noted the Committee met on November 3 rd and has made progress. She stated, no other meeting has been set at this point, but the Contractor through Economic Development has agreed to review our findings regarding the draft ordinance. Ms. Coble stated they probably will not meet again until after the Holidays. b. Nomination Committee Report Ms. Coble noted that the Committee has made a recommendation for the three Planning Commission members and they will go before the County Commissioners for approval at the December 3 rd County Commissioners meeting for appointment. STAFF REPORTS Ms. Coble asked for clarification under the Transportation Report regarding the County Bridge Plan. She asked if the Municipalities take ownership of County bridges after they have been repaired. Ms. Dell stated that does not happen. Ms. Dell pointed out that the Weatherization Program, although a year round program, entered into the Weatherization crisis season on November 4 th. She stated that if the members know anyone that would be a good candidate for that program please let them know about the program. 2
SOLICITOR S REPORT Attorney Rehmeyer noted he has 3 short updates. He stated he continues to work with Ms. Dell and staff on an Intergovernmental Cooperation Agreement for the Implementation of the Chesapeake Bay Pollutant Reduction Plan and the Grant Application Administration Agreement relative to the York County Airport. He also stated he looked into the topic brought up at a previous meeting regarding sales of local products at local roadside stands. UNFINISHED BUSINESS None NEW BUSINESS PLEASE NOTE - Projects are not necessarily in the same order as the agenda. YCPC PROJECT #14-043 HELLAM TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: DEFINITIONS; NONCOMMERCIAL KEEPING OF LIVESTOCK; RIPARIAN BUFFERS; WOODLAND RESTORATION The purpose of this project is to review and comment on a proposal by Township Officials to amend the Hellam Township Zoning Ordinance to revise regulations for the non-commercial keeping of livestock; revise existing definitions and to add new definitions; revise provisions for riparian buffers and to add new regulations for woodland restoration and riparian buffer restoration These amendments are being reviewed in accordance with Section 609(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends the Zoning Ordinance Amendment not be adopted, offering comments in support of that recommendation. The LGAC Executive Committee reviewed the proposed Zoning Ordinance amendment and recommended approval of the Amendment, with the exception of the Riparian Buffers until there is a clearer explanation/legal determination of House Bill #1565. Mr. Clark asked for clarification on a plan submission for Riparian Buffer requirements. Ms. Ruby addressed the requirement in regards to stream distance from a structure. Ms. Evans, Hellam Township shared their interpretation of the issue. A lengthy discussion ensued. Ms. Evans pointed out they used the Model Riparian Buffer from the Brandywine PA Conservancy and Land Trust. She stated that because of House Bill #1565 Act 162, the Conservancy will be revising the Model. The Township is going to hold action on this project until that happens. Following the discussion, Ms. Coble made a motion, noting that a comment be added to caution them on not being in accordance with Act 162, and following that revision YCPC Project #14-3
043 be recommended not to be adopted. The motion was seconded by Mr. Brenneman, voted on and carried as stated. YCPC PROJECT #14-044 DILLSBURG BOROUGH ZONING ORDINANCE AMENDMENT MAP: CONSERVATION TO COMMERCIAL-HIGHWAY (C-H) The purpose of this project is to review and comment on a proposal by a property owner to rezone a portion of Tax Map OC, Parcel Number 117 from Conservation (C) to Commercial-Highway (C- H). This amendment is being reviewed in accordance with Section 609(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends the Amendment be adopted, as submitted, offering comments in support of that recommendation. The LGAC Executive Committee reviewed the proposed Zoning Ordinance Map Amendment and recommended approval, as submitted. A brief discussion ensued regarding what is being considered in the area and any possibility of an interchange. Ms. Dell stated they are looking at trying to get combined access points or take access from the street of lesser classification, but there is no status on an interchange. Following the discussion, Ms. Coble made a motion to recommend the Zoning Ordinance Amendment be adopted, as submitted. The motion was seconded by Mr. Brenneman, voted on and carried as stated. YCPC PROJECT #14-047 EAST MANCHESTER TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: DISTRICT REGULATIONS, FAMILY CHILD-CARE HOME AND GROUP CHILD-CARE HOME, MEDICAL BUSINESS AND PROFESSIONAL BUSINESS, UNATTACHED STRUCTURES, ACCESSORY DWELLING UNITS, GLARE, FENCES, PUBLIC UTILITY FACILITIES, SWIMMING POOLS, BUFFER STRIPS AND AREAS, ANIMALS OTHER THAN DOMESTIC PETS, OFF-STREET PARKING, SIGNS, PROCEDURES FOR AMENDMENT, ZONING HEARING BOARD TERM OF APPROVAL AND DEFINITIONS The purpose of this project is to review and comment on a proposed amendment to the East Manchester Township Zoning Ordinance to amend the requirements for the above titled regulations. This amendment is a revised version of YCPC Project #14-017 which was acted upon at the June 23, 2014 YCPC Meeting. The action taken at the June 23, 2014 YCPC Meeting recommended that the Township make the changes as noted and adopt the proposed amendment. This amendment has been revised based on the recommendations acted upon at the June 23, 2014 YCPC Meeting. The proposed amendment is being submitted in accordance with Section 609(e) of the Pennsylvania Municipalities Planning Code (PA MPC). 4
The staff of the York County Planning Commission recommends the proposed Zoning Ordinance Amendment be adopted, offering comments for consideration by the Municipality prior to adoption. The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and recommended approval, as submitted. Ms. Coble asked for clarification on comment #4 regarding providing for an Adult Day Care. A brief discussion ensued Following the discussion, Ms. Coble made a motion to recommend comment #4 be revised to include a caution that by removing Adult Day Care as a use you would be inviting a Curative Amendment. The motion was seconded by Mr. Brenneman, voted on and carried as stated. YCPC PROJECT #14-040 ACT 537 SEWAGE FACILITIES PLAN UPDATE CONEWAGO TOWNSHIP The proposed Act 537 Sewage Facilities Plan for Conewago 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), and Section 71.31(b) of the Pennsylvania Sewage Facilities Act, Act 537. The staff of the York County Planning Commission recommends the Act 537 Sewage Facilities Plan not be adopted, as submitted, offering comments in support of those recommendations. The LGAC Executive Committee reviewed the proposed Act 537 Sewage Facilities Plan Update and recommended the Update not be adopted, as submitted. A brief discussion ensued regarding the disposal of sludge and nutrient credits. Mr. Crabhill addressed the issues that will be eliminated with the Update/Upgrade. Following the discussion, Mr. Brenneman made a motion to adopt the proposed Plan Update, offering comments for consideration prior to adoption. The motion was seconded by Mr. Kenny, voted on and carried as stated. YCPC PROJECT #14-045 HANOVER BOROUGH AND PENN TOWNSHIP JOINT COMPREHENSIVE PLAN Hanover Borough and Penn Township have submitted a copy of their Joint Comprehensive Plan for review and comment, as required by Section 301.3 of the Pennsylvania Municipalities Planning Code (MPC). 5
The staff of the York county Planning Commission recommends the Joint Comprehensive Plan be adopted, offering comments for consideration by the Municipalities prior to adoption. The LGAC Executive Committee reviewed the proposed Joint Comprehensive Plan and recommended approval, as submitted. Mr. Steckler highlighted the Joint Comprehensive Plan process, noting the Municipalities have been working on the Plan for two years. He stated that prior to this they completed a Regional Economic Development Plan that also looked at transit. Mr. Steckler noted that in May they completed their Joint Planning Commission hearing with the initial draft of the Plan and have since gone through several revisions and hope to adopt early next year. In closing he stated they are to a point they are happy about. There being no further questions or comments, Mr. Brenneman made a motion to adopt the Joint Comprehensive Plan, offering comments for consideration by the Municipalities. The motion was seconded by Mr. Parkes, voted on and carried as stated. CONSENT AGENDA The staff reports of the following projects: #14-041, #14-042, #14-046, #14-048, and #14-049 were agreed to make up this month s Consent Agenda by unanimous consent. YCPC PROJECT #14-041 FAWN TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, DEFINITIONS TEXT: EROSION AND SEDIMENTATION CONTROL The purpose of this project is to review and comment on a proposal by Fawn Township to amend Section 911, Erosion and Sedimentation Control, of the Township s Subdivision and Land Development Ordinance. 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 the Subdivision and Land Development Ordinance Amendment be adopted as submitted. The LGAC Executive Committee reviewed the proposed Subdivision and Land Development Ordinance Amendment and recommended adoption as submitted. YCPC #14-042 FAWN GROVE BOROUGH ZONING ORDINANCE AMENDMENT MAP: COMPLETE UPDATE AND TEXT: RURAL AGRICULTURAL (RA) ZONE The purpose of this project is to review and comment on a proposal by Fawn Grove Borough Officials to amend the Fawn Grove Borough Zoning Ordinance by updating the Borough Zoning Map, revising text throughout the Ordinance pertaining to the Rural Agricultural Zone. The 6
proposed Ordinance is being submitted for recommendations in accordance with Section 607(e) of the Pennsylvania Municipalities Planning Code (PA MPC). The staff of the York County Planning Commission recommends that the Ordinance be adopted, as submitted. The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and recommended approval, as submitted. YCPC PROJECT #14-046 EAST MANCHESTER TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENT AGREEMENTS, OWNERS ASSOCIATION, FEES AND OTHER COSTS PRELIMINARY PLAN INFORMATION, FINAL PLAN INFORMATION, VOIDANCE OF APPROVAL, DESIGN STANDARDS, BLOCKS AND LOTS, GRADING, STREET, DESIGN, CURBS AND SIDEWALKS, DRIVEWAYS, RECREATION FEES, SHADE TREES, STREETS, COMPLETION OF IMPROVEMENTS OR GUARANTEE, AND DISPUTES OVER FEES The purpose of this project is to review and comment on a proposed amendment to the East Manchester Township Subdivision and Land Development Ordinance to amend the requirements for the above titled regulations. This amendment is a revised version of YCPC Project #14-018which was acted upon at the June 23, 2014 YCPC Meeting. The action taken at the June 23, 2014 YCPC Meeting recommended that the Township not adopt the amendment as proposed. This amendment has been revised based on the YCPC recommendations acted upon at the June 23, 2014 YCPC Meeting. The proposed amendment is being submitted 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 Ordinance not be adopted, offering comments for consideration by the Township. The LGAC Executive Committee reviewed the proposed Subdivision and Land Development Ordinance Amendment and recommended it not be adopted as submitted. YCPC PROJECT #14-048 CODORUS TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: TREE REMOVAL, SIGNS The purpose of this project is to review and comment on a proposal by Codorus Township Officials to amend the Township s Zoning Ordinance to add regulations for tree removal and to revise the requirements for signs. These amendments are being reviewed 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 Zoning Ordinance Amendment not be adopted, offering comments for consideration by the Township. 7
The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and recommended denial, as submitted. YCPC PROJECT #14-049 CODORUS TOWNSHIP ZONING ORDINANCE AMENDMENT TEXT: DEFINITIONS; PERMITTED USES; SPECIAL EVENTS The purpose of this project is to review and comment on a proposal by Codorus Township Officials to amend the Township s Zoning Ordinance to add regulations for special events. These amendments are being reviewed 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 Codorus Township Zoning Ordinance Amendment not be adopted, as submitted, offering comments for consideration by the Township. The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendments and recommended denial as submitted. Aviation Grant Application and Administration Agreement Ms. Dell noted Attorney Rehmeyer drafted the 3-way Agreement. She stated it is a Grant Administration Agreement between the County of York, the York County Planning Commission and the York Airport. Attorney Rehmeyer highlighted the Agreement stating this sets up the Planning Commission to oversee the process. He stated the Airport has used this a model format previously, but the entity they used was not available so they came to the County. Attorney Rehmeyer stated the Agreement protects the Planning Commission and the County and he recommends approval of the Agreement. A brief discussion ensued. Following the discussion, Mr. Brenneman made a motion for approval of the Aviation Grant Application and Administrative Agreement. The motion was seconded by Mr. Kenney, voted on and carried as stated. Traffic Impact Study Fee Amendment for 2015 There being no questions or comments, Mr. Brenneman made a motion for approval of the Revised Fee Schedule - Traffic Impact Study Scooping Process, as presented. The motion was seconded by Mr. Parkes, voted on and carried as stated. OTHER BUSINESS a. Strategic Planning Update - Four Guiding Principles 8
Ms. Dell noted that in addition, to the Mission Statement that was discussed last month, the staff looked at the four principle statements for the organization. She stated they will be used to prioritize the issues that come before the Planning Commission that are not contractual agreements or mandates, but issues that municipalities are facing. Ms. Dell highlighted the work Mr. Leitholf is doing regarding Blight as an example. She asked the members to contact the staff if they have any thoughts on these statements. b. 2014 Holiday Dinner Discussion Ms. Ball noted that the December 22, 2014 Holiday Dinner would be at the Paddock on East Market Street, following the December 22 nd York County Planning Commission meeting. She asked the members to please let her know if they will be attending so that a count can be given to the restaurant. ADJOURNMENT There being no additional business, Ms. Coble adjourned the meeting at 9:10 pm. Respectfully submitted, Jean Ball Administrative Assistant 9