PATTON TOWNSHIP BOARD OF SUPERVISORS March 13, 2013
MEETING MINUTES Page 7 of 7
ATTENDANCE:
BOARD Elliot Abrams, Chair
Bryce Boyer, Vice-Chair
Josh Troxell, Supervisor
Walt Wise, Supervisor
STAFF Doug Erickson, Township Manager
Brent Brubaker, Township Engineer
John Petrick, Chief of Police
Joe Price, Senior Planner
Betsy Dupuis, Solicitor
Susan Wheeler, Parks Project Manager
ABSENT Jeff Luck, Supervisor
Kim Wyatt, Finance Director
AUDIENCE CNET – Producer and 2 volunteers
Mike Meraglin, Walmart
Wayne E. Engle, Knapka Surveying Inc.
John Glantz, Blueberry Crossing Subdivision
1. CALL TO ORDER
The March 13, 2013 Patton Township Board of Supervisors meeting held at the Township Municipal Building was called to order at 7:00 PM by Chair Elliot Abrams.
2. APPROVAL OF MINUTES
Mr. Wise moved to approve the February 27, 2013 meeting minutes. Seconded by Mr. Abrams, the motion did not pass 2-2. Mr. Erickson stated he will bring the minutes back to the next meeting.
3. PUBLIC COMMENTS
There were no public comments.
4. PUBLIC WORKS
a. Cul-de-sac Regulations
Mr. Erickson stated that in the course of reviewing a sketch plan in January, the subject of cul-de-sac regulations, primarily length limits, was briefly discussed. As a result of that discussion, the Board directed that the matter be placed on a future agenda for review.
In general, municipalities will place length limits on cul-de-sac streets to address issues of safety and efficiency. The safety issues include potential impacts or limitations to emergency response, and efficiency issues are related to normal municipal service delivery (e.g. it takes longer to plow snow on a cul-de-sac than a through street.)
The above municipal concerns are then balanced against the desires of residents, many of whom prefer the quiet life on a cul-de-sac without through traffic.
This matter was last reviewed in 2002 and 2003 as part of a broader review of subdivision regulations related to fire protection. This resulted in Ordinance 2004-420 (included with agenda materials) that reduced the allowable length of cul-de-sacs for new developments in the
4. PUBLIC WORKS (CONTINUED)
a. Cul-de-sac Regulations (CONTINUED)
A-1 and R-1 districts from 1500 feet to 750 feet, unless the developer agreed to mandate sprinklers in the homes.
As additional background, the Township’s Planner has compiled additional information on the issue, including more detail on the Township’s regulations, and a comparison with other municipalities regulations.
The Board should review the information provided and, if warranted, provide direction to staff for further action.
Mr. Wise stated that he would have some proposals for the next meeting to discuss the matter further.
Mr. Abrams stated that he would want to consult with Fire Administration and the Planning Commission.
b. Waddle Road Interchange Project; Reimbursement Agreement with PennDOT for
Engineering Review of Structure Designs
Mr. Erickson stated that as part of the engineering design for the Waddle Road Interchange Project, the Pennsylvania Department of Transportation (Department or PennDOT) requires an independent engineering review of the structural elements of the project to include the new bridge and the box culvert under Waddle Road. In lieu of issuing a request for proposals (RFP) and going through a lengthy consultant selection process, the Department has proposed utilizing the services of a consultant already under contract. PennDOT uses what are called Open-End Agreements, to retain consultant services for a variety of engineering functions.
To utilize these services, the Township would enter into a Reimbursement Agreement with PennDOT for structure review. The estimated cost of the services is $50,000. The Open-End Agreements are cost plus fee agreements, based on the actual hours expended on the project. A copy of the draft agreement is included in the agenda materials.
The Manager recommends that the Board consider action to approve the Agreement, contingent upon approval from PennDot’s central office.
Mr. Boyer moved to approve the Agreement by Resolution, contingent upon approval from PennDot’s central office. Seconded by Mr. Troxell, the motion passed 4-0.
5. PLANNING & ZONING
a. Planning Commission Report
Mr. Hermann stated that the Planning Commission is working on the Mixed-Used overlay district. He stated that the Blueberry Crossing Subdivision that is on the agenda, and some nearby residents expressed concerns of flooding on this property.
5. PLANNING & ZONING (CONTINUED)
b1. Planning Commission Recommendations
Mr. Erickson stated that the Planning Commission held their February meeting on Monday, March 11, 2013. The following items are on their agenda to be forwarded to the Board:
· Blueberry Crossing Subdivision and Sewage Planning module
· Temporary Use permits for Walmart and Flower Tent (Consent Agenda)
A copy of the Planning Commission agenda is enclosed with the agenda materials.
b2. Blueberry Crossing Subdivision and Sewage Planning Module
Mr. Erickson stated that as previously discussed, nearby residents expressed concerns to the Planning Commission about flooding at the Blueberry Crossing Subdivision. He stated that there is no mapped Federal Emergency Management Agency (FEMA) flood plain of the area and the Township asked the developer to do a flood study and to take the measures to protect the proposed homes. He stated that the developer proposes a berm that will extend 1-½ feet above the calculated flood elevation and minimum first floor levels that are even higher to protect the homes from flooding. The developer also recommends against the use of basements in the homes and that if homeowner wants to have basement, at their own risk, they would need to have footer drains with a sump pump. He stated after the homes are built that the Township is requiring an engineer to resurvey the berm.
Mr. Boyer asked about the shared wells in the development. He stated that DEP has an issue about using one well for more than one residence. He asked if the septic systems were sand mounds. Mr. Glantz stated that they are standard septic systems. Mr. Boyer recommended using sealed caps on the well risers.
Mr. Troxell stated that he would like to make sure that the homeowners are well aware of flooding issues. Mr. Glantz stated that there is a note going with all the deeds in regards to the basements and ground water. Ms. Dupuis suggested the Board require that the notes about maintaining the berm also be included in the Homeowners Association covenants.
The Board discussed the location of the walking trail, and Mr. Glantz provided a marked-up drawing showing the proposed trail location.
Mr. Boyer moved to approve the Blueberry Crossing Subdivision and Sewage Planning module with the following conditions:
· All signatures and professional seals must be provided prior to municipal official signatures and all fees must be paid.
· Provide digital format copies of the plan with the final signatures and recorder stamp.
· Provide approval letter of DEP Sewage Planning Module.
· Identify the back-up on-lot sewage disposal area for Lot 1-1.
· Please provide driveway easements on the deeds for each lot.
· Provide an approved Erosion and Sedimentation Control Plan and NPDES Permit Approval letter.
· Provide a surety estimate for Patton Township’s review. Upon review and approval by Patton Township, provide bond or letter of credit.
· The deed for Lot 4 should contain an easement for the walking path.
· Roadway will need to be “boxed out” due to the overgrowth of vegetation.
· Each driveway will need to permit two vehicles parked without blocking ingress and egress.
5. PLANNING & ZONING (CONTINUED)
b2. Blueberry Crossing Subdivision and Sewage Planning Module (CONTINUED)
· Provide a sealed as-built plan sealed by a registered professional land surveyor or engineer of the completed berm prior to issuance of any zoning permits.
· Sheet S-1 of the Hydraulic Report and Supporting Calculations for Blueberry Crossing Flood Event Analysis must be included as part of the Preliminary/Final Subdivision Plan set that will be recorded and that a copy of Sheet S-1 be attached to each deed for all lots within the subdivision.
· Include a note on the plan that the HOA shall be responsible for maintenance of the berm and that a yearly inspection of the berm be conducted. This note shall also be included within the HOA covenants for the development. The developer shall submit proposed language for the covenants to the reviewed and approved by the Township Solicitor.
· Include a note on the Plan that states that a final grading plan sealed by a registered professional land surveyor or engineer of each lot (including the berm) be submitted prior to final zoning approval.
· The walking trail shall be revised as per the revisions made to the plan at the March 13, 2013 Board of Supervisors meeting.
· The proposed well casings should be at least 18-inches in height and should be extended above the calculated 100-year flood elevation for protection against surface water infiltration. The wells should also contain a sealed well cap for protection against flooding.
Seconded by Mr. Troxell, the motion passed 4-0.
c. Centre Region Comprehensive Plan; Implementation Element
Mr. Price stated that as part of the Centre Region Comprehensive Plan update, the Centre Regional Planning Agency (CRPA) has prepared an Implementation Element for review and comment. The Implementation Element satisfies the requirements of the Municipalities Planning Code and provides the framework for completing the goals, objectives, and policies identified in the comprehensive plan update. The Implementation Element does not contain the specific actions for implementation but merely provides a process by which implementation of the Centre Region Comprehensive Plan will be carried out.
At their regular meeting on February 25, 2013, the COG General Forum approved the following motion:
“That the General Forum authorize the February 25, 2013 distribution of the draft Centre Region Comprehensive Plan Implementation Element and refer it to the municipalities for review; and further, that municipal comments be forwarded to the COG Executive Director by April 19, 2013.”
The agenda materials include the Draft Implementation Element and a CRPA staff memo.
The Planning Commission reviewed the Draft Implementation Element at their March 11th meeting.
CRPA staff will be available to address any questions or concerns on the Implementation Element.
The Board reviewed the information and had no comments at this time.
6. CONSENT AGENDA
The items included below are routine in nature and it is not anticipated that any will generate discussion or questions. The actual Consent Agenda with a brief description of each item is included with the agenda packet materials distributed to the Board and will also be available to the public at the sign-in table. At the request of a Board member any single item or all items on the Consent Agenda can be discussed and voted on separately. If no items are “pulled,” the Board should consider a motion for “approval of the Consent Agenda items as shown on the agenda.”
a. Planning and Zoning
1) Temporary Use Permit: Walmart Bulk Merchandise Sales Event
The Township has received a request for a temporary use permit for the Walmart store located at 1665 N. Atherton St. The permit is for a proposed bulk merchandise sales event to be conducted from July 1, 2013 to September 29, 2013.
Walmart proposes to construct a tent to the left of the general merchandise entrance in a large paved area as shown on the enclosed document. The tent is 30 x 40 ft. in size and will be used to sell bulk merchandise during the back to college season. The area where the tent will be located is 54 x 55 ft. wide. Entrance to and exit from the tent will be from the front only.
There is no need for additional parking or additional lighting. Normal traffic patterns will not be affected by the location of the tent. The event has been conducted at this same location for the past several years.
Enclosed with this evening’s agenda is a request for a temporary use permit, including a photo of the proposed sales event location.
It is recommended that the Board approve a Temporary Use Permit for a Bulk Merchandise Tent at Wal-Mart #1640.
2) Temporary Use Permit: Walmart Storage Containers
The Township has received a request for a temporary use permit for the Walmart store located at 1665 N. Atherton St. The permit is for a bulk storage associated with the above proposed bulk merchandise sales event. The storage containers will be on site from July 1, 2013 (June 3 is shown on the application, but the July date was confirmed with store management) to September 29, 2013.
The location of the containers would be to the left of the main building in an area behind the lawn and garden department in the grass and dirt area next to the parking lot. The containers will be enclosed within a mesh fence.
There is no need for additional parking or additional lighting. Normal traffic patterns will not be affected by the location of the containers. The containers have been approved in conjunction with the sales event for the past several years.
Enclosed with this evening’s agenda is a request for a temporary use permit, including a photo of the proposed storage container location.
6. CONSENT AGENDA (CONTINUED)
a. Planning and Zoning (CONTINUED)
2) Temporary Use Permit: Walmart Storage Containers (CONTINUED)
It is recommended that the Board approve a Temporary Use Permit for storage containers at Wal-Mart #1640.
3) Temporary Use Permit: Flower Tent
Mr. Bill Lehman has submitted a request for a temporary use permit to operate a retail flower sales tent in the parking lot area in front of Penn State Mobile Homes at 1766 N. Atherton St. Flowers will be sold according to the following schedule:
· Tent to be constructed on March 20, 2013, with Easter Flowers being sold from March 21 through March 31.
· The facility will be reopened from May 1 through no later than June 20 for other flower sales.
· The application states that the tent will be removed promptly with the date dependant on possible use for fireworks sales.
The tent itself will be 30’ wide by 50’ long by 18’ high and will be located adjacent to the mobile home office. The tent will not alter ingress or egress of the site and lighting is not proposed. Parking will be provided by the existing area located at the front of the property.