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HomeMy WebLinkAbout02-5377QB LIMITED PARTNERSHIP, : Appellant : HAMPDEN TOWNSHIP ZONING : HEARING BOARD, : Appellee : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW. LAND USE APPEAL ~OTICE OF APPEAl, QB Limited Partnership, a Pennsylvania limited partnership, Appellant, appeals from the decision of the Hampden Township Zoning Hearing Board ("Zoning Hearing Board" or "Board"} thereof, avers as follows: 1. Appellant is QB limited partnership, with Corporation, Inc., 5351 17112. Limited Partnership, a principal office c/o Jaycee Avenue, Harrisburg, and, in support Pennsylvania Triple Crown Pennsylvania 2. Appellee is the Hampden Township Zoning Hearing Board with mailing address of 230 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17055-3097. 3. Appellant is the owner of property commonly known as the "Quaker Building,, located at 485 St. John's Church Road, Hampden Township, Cumberland County, Pennsylvania ("Property,,). 4. The Property is located in an I-G Industrial General Zone (I-G) as such is defined in the Hampden Township Zoning Ordinance ("Zoning Ordinance.). 5. On or about July 29, 2002, Appellant, by and through its agent, Triple Crown Corporation, Inc., requested that the Hampden Township Zoning Officer issue a certificate of use for use of a portion of the Property by Daybreak Church of the Missionary Alliance and storage as a Zoning Ordinance. Christian and for church corporate offices, accessory uses permitted use pursuant to Section 1503 of the 6. On or about August 2, 2002, the Zoning Officer ("Township Manager,,) made a decision or determination, communicated to Appellant in writing by correspondence dated August 2, 2002 attached hereto as Exhibit "A", inter alia, that a certificate of use would not be issued for the Property because a church is not a permitted use in an industrial zone and cannot be considered an accessory use to any use that is currently permitted or active at the Quaker Oats site. 7. In addition to the denial of the certificate of use application on the basis set forth in Paragraph 6 herein, as set forth in the written communication attached hereto as Exhibit "A", the Zoning Officer further decided or determined as follows: 2 In addition, any office use that is permitted now or i~n the future would have to be an accessory office use, accessory to a permitted industrial use at the site. (emphasis added) 8. On or about August 8, 2002, Appellant, by and through its agent, Triple Crown Corporation, Inc., on its behalf and on behalf of Daybreak Church of the Christian and Missionary Alliance, pursuant to Section 2201(B) of the Zoning Ordinance, filed an appeal from the decision or determination of the Zoning Officer (1) denying the certificate of use for the Property~ and (2) opining that any office use that is permitted now or in the future would have to be an accessory office use accessory to a permitted industrial use at the site. 9. A hearing on Appellant,s Request for Appeal was held by the Board on September 4, 2002. 10. On or about October 10, 2002, the Board issued its written decision. A copy of the Board's decision is attached hereto and marked as Exhibit "B" ("Decision,,). 11. The Decision of the Board failed to address the decision or determination of the Zoning Officer referenced in Paragraph 7 herein. 12. The inaction of the Board in failing to properly address, consider and decide the decision or determination of the Zoning Officer was unsupported by either testimony, exhibit or fact and was arbitrary, capricious, an abuse of discretion and contrary to law. 3 WHEREFORE, Appellant requests that this Honorable Court (1) reverse the cited action of the Hampden Township Zoning Hearing Board; (2) declare that general office use is a permitted use under Section 1503(x) (Flex Space Building) of the Hampden Township Zoning Ordinance and that such use is a permitted use and need not be accessory to a permitted industrial use in the I-G (Industrial- General) Zone as defined in the Hampden Township Zoning Ordinance; or, in the alternative (3) remand the case to the Hampden Township Zoning Hearing Board and direct the Hampden Township Zoning Hearing Board to consider, take action upon and decide all issues raised in Appellant,s Request for Appeal. Date Respectfully submitted, ~RATELLI,, SCHIFFMAN~ BROWN & ~le~v~? if fresh, Esquire ~. R.~arts61f, Esquire Pa. A{torney I.D. Ho. 15859 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Appellant Hampden Township August2,2002 Mark X. DiSanto, Chief Executive Officer Triple Crown Corporation 5351 Jaycee Avenue Harrisburg, PA 1711:2 Dear Mr. DiSanto: I have reviewed in depth your correspondence dated July 29, 2002 in which you have requested a Ce~ificate of Use for Daybreak Church at the )briner Quaker Oats Company. After consultation with and concurrence by both the Board of Coiranissioners and file Township Solicitor, I regret to inform you that i must deny your Cextificate of Use apPlicat on. A church is not a permitted use in an industrial ZOne and Cannot be considered an accessory use to any use that is currently permitted or active at the Quaker Oats site. La addition. . · · any office use that ts permatted now or in the future would have to be an accessory office use, accessory to a permitted industrial use at the site. ! apologize for not being able to be more accommodating but I believe our Zoning Ordinance is very clear and precise in its guidance on this subject. If you have any additional questions or comments never hesitate to contact me. I l~wnship Manager Board o f Commissioners Glen R. Grell, Township Solicitor ....... RECEIVED TIMEAUG, TOTAL P.Ol SAIDIS SHUFF, FLOWER & LINDSAY OPINION OF THE ZONING HEARING BOARD OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA APPLICANT: DAYBREAK CHURCH LOCATION OFPROPERTY: 485 ST. JOHN'S CHURCH ROAD SHIREMANSTOWN, PA 17011 HAMPDEN TOWNSHIP OWNER: DOCKET NUMBER: QV LIMITED PARTNERSHIP 02-11 SAIDIS SHUFF, FLOWER & LINDSAY HAMPDEN TOWNSHIP ZONING HEARING BOARD In the matter of: Daybreak Church of the Christian and Missionary Alliance Appeal No. 02-11 This case comes before the Hampden Township Zoning Hearing Board upon the application of the Daybreak Church of the Christian and Missionary Alliance, appealing the decision of the Zoning Officer, 3ursuant to Section 2201.B. of the Hampden Township Zoning Ordinance. After notice duly given as required by the provisions of the Zoning Ordinance, a hearing was held before the Hampden Township Zoning Hearing Board at the Township building at 230 Sporting Hill Road, Mechanicsburg, Pennsylvania at 7:30 p.m. on Wednesday, September 4, 2002. In accordance with the provisions of the Zoning Ordinance, notice of the hearing was given to the Applicant, the Zoning Officer, to any )ersons requesting notice, and public notice was given in the manner prescribed by the Municipalities Planning Code, the Hampden Township Zoning Ordinance and the rules of the Board. The record of this case consists of the original application, testimony from Johr M. DiSanto, Patty Hanes, and John Bradley, Zoning Officer and Township Manager, together with the Exhibits. The Board makes the following findings of fact: 1. The Applicant is Daybreak Church of the Christian and Missionary Alliance, State Road, Mechanicsburg, Pennsylvania 17050. SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA 2. Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, Pennsylvania 17112, acted as the agent of the Applicant and its Chief Executive Officer, John M. DiSanto is also a principal of the property's owner, QV Limited Partnership (Owner). 3. The Applicant appeals a decision of the Zoning Officer denying the Applicant's request for a certificate of use to lease a portion of office space in the subject property, as memorialized in the letter dated August 2, 2002 signed by Hampden Township Manager, John E. Bradley, Jr. (Bradley letter). 4. The subject property is located in the I-G Industrial General Zone (I-G). 5. It is commonly known as the "Quaker Building," and consists of approxima 700,000 square feet. Approximately 400,000 square feet of the Quaker Buildir consists of warehouse space with both high-bay and Iow-bay portions. 6. The space which comprises the office portion of the Quaker Building is item 34 of the Site Plan of Quaker Oats, Shiremanstown Plant (Site Plan), and comprises approximately 45,000 square feet of the building. 7. Presently, sites 1 and 39 of the Site Plan are leased to Arnold Logistics to distribute Quaker and other products. 8. Approximately 3,000 square feet of the Quaker Building had been leased to Malco, Inc., a small landscaping operation, since July 2002. Brenner Transportation leases 15 parking spaces for trailers and had been there for two months at the time of the hearing. 9. Applicant desires to lease approximately 7,000 square feet of the portion of thc building designated as item 34 of the Site Plan. 2 SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High gtreet Carlisle, PA 10. No one was present from the Applicant, Daybreak Church, to testify at the hearing. 11. The persons that testified on behalf of the Applicant had no first-hand knowledge as to the operation of the Applicant church. 12. Patty Hanes, Commercial Property Manager for Triple Crown Corporation offered the testimony with regard to the operation of the Applicant. She is not member of the Applicant. 13. Applicant currently has 4 - 6 church services on Sunday. The new location would permit them to consolidate and have 2 or 3 services on Sunday. 14. The Applicant would occupy a small portion of the first floor, most of the secon~ floor and the entire third floor of the office space. 15. The Applicant would use the cafeteria for church socials and coffee before an( after services. It could also be used as a training room for conferences. 16. The Applicant was not leasing the men's or women's locker rooms. 17. The Applicant, for its church services, would open part of the third floor which had previously been general offices. 18. The pedestrian traffic arising from the Applicant's use around the Quaker Building would be minimal as there is a separate parking area for the office building. 19. The best estimate of the size of the Applicant's congregation was approximatel 800 members. 20. The Applicant's church services, in addition to Sundays, would be limited evenings after 6:00 p.m. SAIDIS SHUFF, FLOWER & LINDSAY 21. The Applicant would have 10 - 15 employees and an office-oriented outreact- group. 22. The Applicant would not alter the facility, except for paint and carpet. 23. Currently, the Applicant has two locations, State Road in Mechanicsburg, with 11,000 square feet and the lower level in a PNC Bank building, with 2,800 square feet The Applicant would consolidate both locations into the Quaker Building. 24. The Owner indicated the building was built in the mid-1960s and modified several times through 1995. 25. The Owner understood he was taking a risk in purchasing the Quaker Building. 26. The Owner stated his opinion that the unique, industrial use of the building is no longer viable under current circumstances. The building is enormous and the Owner cannot foresee any one business occupying the entire space. 27. The Owner expressed the belief that the Daybreak Church use was an accessory use or was a permitted use as part of a FLEX SPACE BUILDING. Conclusions of Law 1. The matter is properly before the Hampden Township Zoning Hearing Board, proper notice having been given to all interested parties and the Board having jurisdiction to hear the appeal. 2. Under Section 2201.B. of the Zoning Ordinance, the Board shall hear and decide appeals where it is alleged by the Applicant that the Zoning Officer has misinterpreted or misapplied any provision of a valid Ordinance. 3. Section 1503 of the Zoning Ordinance specifies the permitted uses in an Industrial-General (I-G) Zone. One of the purposes of properties located in the I-G 4 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA Zone, under § 1501 of the Zoning Ordinance, is to prohibit any use that woul( substantially interfere with the development, continuation or expansion of industrial use., within the district. 4. Applicant has failed to present testimony or other credible evidence to explair how the Zoning Ordinance was misinterpreted or misapplied by the Zoning Officer. 5. The Zoning Officer's interpretation of the Zoning Ordinance that a church is not permitted use in an Industrial-General Zone and cannot be considered an accessor use is correct. Discussion The Applicant in this appeal seeks to lease approximately 7,000 square feet office space located in the Quaker Building, which is located in an I-G Zone. The attorney for the Applicant stated that the issues, in his opinion, were as follows: A. The predominant use of the space by the Daybreak Chumh was fo~ corporate offices, and any other use by the Daybreak Church would then be an accessory use to the office use; and B. That the Zoning Officer was incorrect in determining that any office use that is permitted would have to be an accessory office use to a permitted industrial use at the site. The Applicant's attorney advanced the position that it was necessary for the Zoning Hearing Board to address both issues based on the Bradley letter. Testimony by Patty Hanes, property manager for Triple Crown Corporation raised the Owner's concerns regarding the uniqueness of the property and the Owner',, ability to lease the property for industrial purposes only. Ms. Hanes described th( 5 SAIDIS SHUFF, FLOWER & LINDSAY overall lack of interest in leasing substantial portions of the building during the past eighl months during which she has been attempting to lease portions of the Quaker Building. Ms. Hanes also described her knowledge of the Daybreak Church's intended use of th 7,000 square feet, namely office and administrative space, counseling, church service,, office-oriented outreach programs, and her impression that pedestrian traffic would bE minimal. Ms. Hanes also stated that the church was seeking to consolidate its operations into the Quaker Building and had needs no different than any other church In addition, Ms. Hanes stated that a small portion of the Quaker Building is being leasec to three other businesses: Arnold Logistics, Malco., Inc. and Brenner Transportation. Testimony by John M. DiSanto, a principal of QV Limited Partnership, the Owner, highlighted issues about the unique industrial use of the Quaker Building. Mr. DiSanto expressed his opinion that in the future no other single business entity would occupy the entire Quaker Building. Mr. DiSanto felt it was necessary to readapt the Quaker Building to make it desirable to companies to lease and therefore making the Quaker Building an asset to the township. Mr. DiSanto further testified that it took approximately five years to sell the building. He pointed out the lack of interest in leasing the Quaker Building as it is currently zoned. John Bradley, Zoning Officer and Township Manager, testified for Hampden Township. Mr. Bradley expressed the Township's concern of a potential precedent if church was deemed an accessory use in an Industrial General Zone or a permitted us, in a Flex Space Building. SAIDIS SHUFF, FLOWER & LINDSAY The Zoning Hearing Board has authority to decide appeals of decisions of its Zoning Officer. _Graham v. Zonin.q Hearin.q Board, 520 Pa. 526, 530-531,555 A.2d 79, 81 (Pa. 1989). The Owner argues that Bradley letter presents two issues, both of which must be addressed: 1. The church is not a permitted use in an Industrial General Zone and cannot be considered as an accessory use to any use that is currently permitted or active at the Quaker Building; and 2. Any office that is permitted now or in the future would have to be an accessory office use, accessory to a permitted industrial use at the site. However, much of what the Owner argues and contends is just that - arguments of the Owner. The Owner has lost sight of the Applicant. The Applicant is the Daybreak Church. In this regard, the Zoning Hearing Board determines that the Applicant is a church. Despite Applicant's apparent position, advanced by the Owner, that the Applicant's use is an office use with an accessory church, the facts clearly demonstrate otherwise. The position that the Applicant is not a church was not even supported by any appearance or testimony from anyone from the Daybreak Church of the Christian and Missionary Alliance. Clearly, if this were not a church none of the other uses would exist. The Board agrees with the Bradley letter that a church is not a permitted use in the I-G Zone. Once this issue is decided, there is no necessity to address whether the office use must be an accessory office use to a permitted industrial use at the Quaker Building. The Applicant does not present the second issue, only the Owner does. The SAIDIS SHUFF, FLOWER & LINDSAY church is not an "office use". The Township's position on this issue, and confirmed in the Bradley letter, has not been considered or ruled upon by this Zoning Hearing Board. As the Daybreak Church is a church, the Zoning Hearing Board has not decided, nor does it have any reason to reach this issue. Smith v. Borouqh of East Stroudsburfl, 691A.2d 19, 22 (Cmwlth. Ct. 1997). This hearing also spent significant time and testimony on the definition of "Flex Space Building". Section 203 of the Ordinance defines Flex Space Building as: Flex Space Building - a building under single ownership, designed and marketed as suitable for industrial warehouse and ancillary uses, but with space available that is able to accommodate offices. (Ord.98-16, §la, 12/1/98) A Flex Space Building is permitted in the I-G Zone pursuant to §1503(x) as long as the office use is limited to no more than 85% of the total gross floor area of the building. Once this Board concluded that the Applicant is a church, the Flex Space Building definition is of no particular concern. The church is not an ancillary use to industrial warehouses and, as stated previously, the Applicant is not offices, but rather a church with accessory office use. .Decision The Zoning Hearing Board upholds the decision of the Zoning Officer denying the Certificate of Use for the Daybreak Church. The church is not a permitted use in the I-G Zone, nor an accessory use to any use that is currently permitted or active at the Quaker Building. 8 SAIDIS SHUFF, FLOWER & LINDSAY Dated: September 4, 2002 Date Mailed: October 10, 2002 Hampden Township Zoning Hearing Board By: ../s/John Holland John Holland, Chairman By: /s/Eugene Baldwin Eugene Baldwin, Vice Chairman By: /s/Daniel Flint Daniel Flint By: /s/Michael Kane Michael Kane By: Absent David Harris VERIFICATION I, Mark X. DiSanto, state that I am President of Bulldozer, Inc., Member of QB LLC, General Partner of QB Limited Partnership, Appellant herein, that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing pleading are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. C.S. Section 4904 providing for criminal penalties for unsworn falsification to authorities. Date BULLDOZER, INC. , resident CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Notice of Appeal, by placing the same in the U.S. mail, postage prepaid, addressed to: HAMPDEN TOWNSHIP ZONING HEARING BOARD 230 South Sporting Hill Road Mechanicsburg, PA 17055-3097 Robert C. Saidis, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Date Glen R. Grell, Esquire KLETT ROONEY LIEBER & SCHORLING 240 North Third Street, Suite 600 Harrisburg, PA 171~ F.R. Marts~f, ~squire QB LIM1T~D PARTNERSHIP VS. HAMPDEN TOWNSHIP ZONING HEARING BOARD 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055-3097 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5377 CICIL TERM WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS. TO: HAF~DEN TOWNSHIP ZONING HEARING BOARD We, being willing for certain reasons, to have certified a certain action between QB LIMITED PARTNERSHIP VS. HAMPDEN TOWNSHIP ZONING HEARING BOARD pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Conrnon Pleas at Carlisle, within 20 days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Con~nonwealth. :he E. HOFFER, P.J. 5TH day of NOVK~BER 2002 Prothonotary ~r the card to vou. -;-' Ii '/- '~ ~'~', l l ~ I ~-I-~ Y ,I .... 230 SOUTH SPORTING HILL ROAD ~ 02-5377 CIVIL [] Insured Mail [] CR~;, Receipt for Merchandise 2. Article Number (Copy from service/abe/) 4. Restricted Delivery? (EXtra F~:.) [] Yes PS Form 381 1, July 1999 Domestic Return Receipt 102595-00-M-0§52 QB LIMI'r~D PARTNERSHIP VS. HAMPDEN TOWNSHIP ZONING HEARING BOARD 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055-3097 RECEIVED CUMBERLAND COUNTY, PENNSYLVANIA NO. WRIT OF CERTIORARI 02-5377 CICIL COMMONWEALTH OF PENNSYLVANIA) : COUNTY OF CUMBERLAND) SS. TO: HAMPDEN TOWNSHIP ZONING HE.~RING BOARD We, being willing for certain reasons, to have certified a certain action between QB LIMITED PARTNERSHIP VS. HAMPDEN TOWNSHIP ZONING HEARING BOARD pending before you, do command you that the record of the action aforesaid with all things conce~-ning said action, shall be certified and sent to our judges of our Court of Con~on Pleas at Carlisle, within 20 days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Conrnonwealth. WITNESS, the Honorable GEORGE E. HOFFER, p.j. our said Court, at Carlisle, Pa., the 5TH day of NOVE~ER 2002 TRUE COPY FROM RECORD In Testtmeny whereof, I ha~e unto se~ my ~ Prothonotary SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA OPINION OF THE ZONING HEARING BOARD OF HAMPDEN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA APPLICANT: DAYBREAK CHURCH LOCATION OF PROPERTY: 485 ST. JOHN'S CHURCH ROAD SHIREMANSTOWN, PA 17011 HAMPDEN TOWNSHIP OWNER: QV LIMITED PARTNERSHIP DOCKET NUMBER: 02-11 SAIDIS SHUFF, FLOWER & LINDSAY ~AT~ORNEYS.AT*LAW 26 W. High Street Carlisle, PA HAMPDEN TOWNSHIP ZONING HEARING BOARD In the matter of: Daybreak Church of the Christian and Missionary Alliance Appeal No. 02-11 This case comes before the Hampden Township Zoning Hearing Board upon th( application of the Daybreak Church of the Christian and Missionary Alliance, appealing the decision of the Zoning Officer, pursuant to Section 2201.B. of the Hampden Township Zoning Ordinance. After notice duly given as required by the provisions of the Zoning Ordinance, a hearing was held before the Hampden Township Zoning Hearing Board at the Township building at 230 Sporting Hill Road, Mechanicsburg, Pennsylvania at 7:30 p.m. on Wednesday, September 4, 2002. In accordance with the provisions of the Zoning Ordinance, notice of the hearing was given to the Applicant, the Zoning Officer, to any persons requesting notice, and public notice was given in the manner prescribed by the Municipalities Planning Code, the Hampden Township Zoning Ordinance and the rules of the Board. The record of this case consists of the original application, testimony from John M. DiSanto, Patty Hanes, and John Bradley, Zoning Officer and Township Manager, together with the Exhibits. Findinqs of Fact The Board makes the following findings of fact: 1. The Applicant is Daybreak Church of the Christian and Missionary Alliance, 6 State Road, Mechanicsburg, Pennsylvania 17050: SAIDIS SHUFF, FLOWER & LINDSAY ATtORNeYS-AT*LAW 26 W. High Street Carlisle, PA 2. Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, Pennsylvani~ 17112, acted as the agent of the Applicant and its Chief Executive Officer, John M. DiSanto is also a principal of the property's owner, QV Limited Partnership (Owner). 3. The Applicant appeals a decision of the Zoning Officer denying the Applicant's request for a certificate of use to lease a portion of office space in the subject property, as memorialized in the letter dated August 2, 2002 signed by Hampden Township Manager, John E. Bradley, Jr. (Bradley letter). 4. The subject property is located in the I-G Industrial General Zone (I-G). 5. It is commonly known as the "Quaker Building," and consists of approximately 700,000 square feet. Approximately 400,000 square feet of the Quaker Building consists of warehouse space with both high-bay and Iow-bay portions. 6. The space which comprises the office portion of the Quaker Building is item 34 of the Site Plan of Quaker Oats, Shiremanstown Plant (Site Plan), andl comprises approximately 45,000 square feet of the building. 7. Presently, sites 1 and 39 of the Site Plan are leased to Arnold Logistics toi distribute Quaker and other products. 8. Approximately 3,000 square feet of the Quaker Building had been leased to Malco, Inc., a small landscaping operation, since July 2002. Brenner Transportation leases 15 parking spaces for trailers and had been there for two months at the time of the hearing. 9. Applicant desires to lease approximately 7,000 square feet of the portion of the building designated as item 34 of the Site Plan. SAIDIS SHUFF, FLOWER & LINDSAY &~TORNEYS*&T*LAW 26 W. High Street Carlisle, PA 10. No one was present from the Applicant, Daybreak Church, to testify at the hearing. 11. The persons that testified on behalf of the Applicant had no first-hand knowledge as to the operation of the Applicant church. 12. Patty Hanes, Commercial Property Manager for Triple Crown Corporation, offered the testimony with regard to the operation of the Applicant. She is not a member of the Applicant. 13. Applicant currently has 4 - 6 church services on Sunday. The new location would permit them to consolidate and have 2 or 3 services on Sunday. 14. The Applicant would occupy a small portion of the first floor, most of the second l floor and the entire third floor of the office space. 15. The Applicant would use the cafeteria for church socials and coffee before andi after services. It could also be used as a training room for conferences. 16. The Applicant was not leasing the men's or women's locker rooms. 17. The Applicant, for its church services, would open part of the third floor which had previously been general offices. 18. The pedestrian traffic arising from the Applicant's use around the Quaker Building would be minimal as there is a separate parking area for the office building. 19. The best estimate of the size of the Applicant's congregation was approximatel 800 members. 20. The Applicant's church services, in addition to Sundays, would be limited evenings after 6:00 p.m. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNeYS*AT*LAW 26 W. High Street Carlisle, PA 21. group. 22. 23. The Applicant would have 10 - 15 employees and an office-oriented outreach The Applicant would not alter the facility, except for paint and carpet. Currently, the Applicant has two locations, State Road in Mechanicsburg, with 11,000 square feet and the lower level in a PNC Bank building, with 2,800 square feet. The Applicant would consolidate both locations into the Quaker Building. 24. The Owner indicated the building was built in the mid-1960s and modified several times through 1995. 25. The Owner understood he was taking a risk in purchasing the Quaker Building. 26. The Owner stated his opinion that the unique, industrial use of the building is no longer viable under current circumstances. The building is enormous and the Owner cannot foresee any one business occupying the entire space. 27. The Owner expressed the belief that the Daybreak Church use was an accessory use or was a permitted use as part of a FLEX SPACE BUILDING. Conclusions of Law 1. The matter is properly before the Hampden Township Zoning Hearing Board, proper notice having been given to all interested parties and the Board having jurisdiction to hear the appeal. 2. Under Section 2201.B. of the Zoning Ordinance, the Board shall hear and decide appeals where it is alleged by the Applicant that the Zoning Officer has misinterpreted or misapplied any provision of a valid Ordinance. 3. Section 1503 of the Zoning Ordinance specifies the permitted uses in an Industrial-General (I-G) Zone. One of the purposes of properties located in the I-G SAIDIS SHUFF, FLOWER & LINDSAY ATFOI~YS*ATeLAW 26 W. High Street Carlisle, PA Zone, under § 1501 of the Zoning Ordinance, is to prohibit any use that woul~ substantially interfere with the development, continuation or expansion of industrial use within the district. 4. Applicant has failed to present testimony or other credible evidence to explai~ how the Zoning Ordinance was misinterpreted or misapplied by the Zoning Officer. 5. The Zoning Officer's interpretation of the Zoning Ordinance that a church is not a permitted use in an Industrial-General Zone and cannot be considered an accessory use is correct. Discussion The Applicant in this appeal seeks to lease approximately 7,000 square feet ofi office space located in the Quaker Building, which is located in an I-G Zone. The attorney for the Applicant stated that the issues, in his opinion, were as follows: A. The predominant use of the.space by the Daybreak Church was fori accessorycorporate use offices, to the and office any use; other and use by the Daybreak Church would then be an B. That the Zoning Officer was incorrect in determining that any office use that is permitted would have to be an accessory office use to a permitted industrial use at the site. The Applicant's attorney advanced the position that it was necessary for the Zoning Hearing Board to address both issues based on the Bradley letter. Testimony by Patty Hanes, property manager for Triple Crown Corporation raised the Owner's concerns regarding the uniqueness of the property and the Owner's ability to lease the property for industrial purposes only. Ms. Hanes described the SAIDIS SHUFF, FLOWER & LINDSAY AT--AT*LAW 26 W. High Street Carlisle, PA overall lack of interest in leasing substantial portions of the building during the past eight months during which she has been attempting to lease portions of the Quaker Building. Ms. Hanes also described her knowledge of the Daybreak Church's intended use of the 7,000 square feet, namely office and administrative space, counseling, church services, office-oriented outreach programs, and her impression that pedestrian traffic would be minimal. Ms. Hanes also stated that the church was seeking to consolidate its operations into the Quaker Building and had needs no different than any other church. In addition, Ms. Hanes stated that a small portion of the Quaker Building is being leased · to three other businesses: Arnold Logistics, Malco., Inc. and Brenner Transportation. the Testimony by John M. DiSanto, a principal of QV Limited Partnership, Owner, highlighted issues about the unique industrial use of the Quaker Building. Mr. DiSanto expressed his opinion that in the future no other single business entity would occupy the entire Quaker Building. Mr. DiSanto felt it was necessary to readapt the Quaker Building to make it desirable to companies to lease and therefore making thef Quaker Building an asset to the township. Mr. DiSanto further testified that it took approximately five years to sell the building. He pointed out the lack of interest in leasing the Quaker Building as it is currently zoned. John Bradley, Zoning Officer and Township Manager, testified for Hampden Township. Mr. Bradley expressed the Township's concern of a potential precedent if a church was deemed an accessory use in an Industrial General Zone or a permitted use in a Flex Space Building. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~reet Carlisle, PA The Zoning Hearing Board has authority to decide appeals of decisions of its Zoning Officer. Graham v. Zoninq Hearinq Board, 520 Pa. 526, 530-531,555 A.2d 79, 81 (Pa. 1989). The Owner argues that Bradley letter presents two issues, both of which must be addressed: 1. The church is not a permitted use in an Industrial General Zone and cannot be considered as an accessory use to any use that is currently permitted or active at the Quaker Building; and 2. Any office that is permitted now or in the future would have to be an accessory office use, accessory to a permitted industrial use at the site. However, much of what the Owner argues and contends is just that - arguments of the Owner. The Owner has lost sight of the Applicant. The Applicant is the Daybreak Church. In this regard, the Zoning Hearing Board determines that the Applicant is a church. Despite Applicant's apparent position, advanced by the Owner, that the Applicant's use is an office use with an accessory church, the facts clearly demonstrate otherwise. The position that the Applicant is not a church was not even supported by any appearance or testimony from anyone from the Daybreak Church of the Christian and Missionary Alliance. Clearly, if this were not a church none of the other uses would exist. The Board agrees with the Bradley letter that a church is not a permitted use in the I-G Zone. Once this issue is decided, there is no necessity to address whether the office use must be an accessory office use to a permitted industrial use at the Quaker Building. The Applicant does not present the second issue, only the Owner does. The SAIDIS SHUFF, FLOWER & LINDSAY A~rORNEV$~AT.LAW 26 W. High Street Carlisle, PA church is not an "office use". The Township's position on this issue, and confirmed in the Bradley letter, has not been considered or ruled upon by this Zoning Hearing Board. As the Daybreak Church is a church, the Zoning Hearing Board has not decided, nor does it have any reason to reach this issue. Smith v. Borouqh of East Stroudsburq, 691A.2d 19, 22 (Cmwlth. Ct. 1997). This hearing also spent significant time and testimony on the definition of "Flex Space Building". Section 203 of the Ordinance defines Flex Space Building as: Flex Space Building - a building under single ownership, designed and marketed as suitable for industrial warehouse and ancillary uses, but with space available that is able to accommodate offices. (Ord.98-16, §Ia, 12/1/98) A Flex Space Building is permitted in the I-G Zone pursuant to §1503(x) as long as the office use is limited to no more than 85% of the total gross floor area of the building. Once this Board concluded that the Applicant is a church, the Flex Space Building definition is of no particular concern. The church is not an ancillary use to industrial warehouses and, as stated previously, the Applicant is not offices, but rather a church with accessory office use. Decision The Zoning Hearing Board upholds the decision of the Zoning Officer denying the Certificate of Use for the Daybreak Church. The church is not a permitted use in the I-G Zone, nor an accessory use to any use that is currently permitted or active at the Quaker Building. SAIDIS SHUFF, FLOWER & LINDSAY A~ITORN~VS*AT*LAW' 26 W. High Street Carlisle, PA Dated: September 4, 2002 Date Mailed: October 10, 2002 Hampden Township Zoning aring Board n Holland, Chairman EQ~ono Baldwin, Vice Chairman Daniel Flint ~' By: Michael Kane By: Absent David Harris In Re: Appeal No. 02-11 . Before the Hampden Township · Zoning Hearing Board TRANSCRIPT OF PROCEEDINGS HAMPDEN TOWNSHIP ZONING HEARING Before: Date : Place : By : JOHN HOLLAND, CHAIRMAN DR. EUGENE BALDWIN, VICE CHAIRMAN DANIEL J. FLINT MICHAEL J. KANE September 4, 2002, 7:30 p.m. 230 South Sporting Hill Road Mechanicsburg, Pennsylvania Patricia M. Brown Reporter - Notary Public APPEARANCES: SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. BY: STEVEN J. SCHIFFMAN, ESQUIRE For - Applicant SAIDIS, SHUFF, FLOWER & LINDSAY BY: ROBERT C. SAIDIS, ESQUIRE For - Hampden Township Zoning Hearing Board KLETT, ROONEY, LIEBER & SCHORLING, P.C. BY: GLEN R. GRELL, ESQUIRE For - Hampden Township FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 building requesting the use. CHAIRMAN HOLLAND: And what's your intention in proceeding, Mr. Schiffman? Are you going to be calling witnesses? MR. SCHIFFMAN: We have a couple witnesses to call. I have some exhibits that I'd like to introduce. And then probably a little opening and a closing to explain the position after it's over with. CHAIRMAN HOLLAND: Fine. Why don't you proceed then? MR. SCHIFFMAN: At the outset, we'd like to give you a package. And for the record, Exhibit Number A-1 is going to be the application for the certificate of use that was filed. A-2 is the application to the Zoning Hearing Board of Hampden Township. A-3 is a copy of the resolution of the Hampden Township Board of Commissioners dated December 1st, 1998, which adopted the flexed space building ordinance. A-4 is a copy of the transcript of the proceedings, December 1st, 1998, for the adoption of the flex space ordinance. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A-5 is the ordinance itself in its adopted form. A-6 is the letter from Darrell L. McMillan dated August 27th, 2002, stating that there has not been an application for flex space building in the IG zone since the creation of the ordinance in this township. And A-7 is correspondence between Triple Crown Corporation, which is one of the agents for the owner, as well as neighbors and the church itself. Most of those are all public records, and I would move to admit those at the outset. MR. SAIDIS: Do you have any objection? MR. GRELL: We haven't seen them. MR. SAIDIS: Do you have a copy for the township solicitor? MR. SCHIFFMAN: We don't, but we do have the originals. Initially let me say at the opening that this matter has two faces to the appeal. In Mr. Bradley's letter denying the request for use, there were two decisions made in Mr. Bradley's letter of August 2nd, 2002. The letter in the second paragraph says the church is not permitted FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 use in the industrial zone and cannot be considered an accessory use to any use that is currently permitted or active at the Quaker Oats site. That's the first issue in this appeal. The second, Mr. Bradley states that in addition any office use that is permitted now or in the future would have to be an accessory office use, accessory permitted use to the site. It's the applicant's position that the zoning ordinance which was adopted which you have now a copy of, 1503-X, flex space building, provides that office use shall be limited to no more than 85 percent of the total gross floor area of the building and is a permitted use in and of itself. It does not require -- by its terms and by the actual ordinance, it does not require any other use within the flex, within the permitted uses of that zoning ordinance. And thus if we qualify under the definition of flex space building, then we're permitted to lease, not particularly perhaps in this case but in any other case. Part of the reason this needed to be appealed was that would become a final order with regard to this building, and we'll have testimony as to the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 effect of that order. The second item is that a church is not permitted; but the application was for office space, predominantly office space for the corporate church with the use for meetings and perhaps church services at night for three hours and on the weekend. The office space would be the predominant use, and the church use would fall then under the accessory use on the same lot which is Section Y, accessory use on the same lot with and customarily incidental to any of the above permitted uses. If flex space is a permitted use within it, then the church can use as accessory uses the other items. I call John DiSanto as the first witness. Where would you like him? CHAIRMAN HOLLAND: You can use this microphone over here if you like. JOHN M. DiSANTO, called as a witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND: For the record, would you state your full name and spell your last name and provide your address? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DiSANTO: John M. DiSanto, D-i, capital S-a-n-t-o. 6130 Minglewood Drive, Harrisburg, PA, 17112. BY MR. SCHIFFMAN: Qo DIRECT EXAMINATION no Qo ao Mr. DiSanto, are you familiar with the space that is the subject of this appeal? Yes, I am. Is that referred to as the Quaker Oats facility? Quaker building, yes. Who is the current owner of the Quaker building? QB Limited Partnership. Are you a principal of the QB Limited Partnership? Yes, I am. Does QB Limited Partnership, does it own the entire facility? Yes, the sole owner. MR. SCHIFFMAN: The sole owner of the facility. So that the board can get an idea of the nature of the facility, in Exhibit A-1 on the third from the last page or the fourth from the last page of A-l, you'll see a plot plan. CHAIRMAN HOLLAND: Excuse me for interrupting. But the exhibits that were passed out weren't numbered, and I already shuffled mine. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Can you simply run down them again? MR. SAIDIS: Let me see, Mr. Schiffman, if I have this right if you have your master list. A-1 is the application for certificate of use. MR. SCHIFFMAN: Correct. A-2 -- MR. SAIDIS: A-2 is the application for the Zoning Hearing Board. MR. SCHIFFMAN: Correct. MR. SAIDIS: A-3 is the resolution, 12-1-98, which is the Hampden Township Board of Commissioners' regular meeting minutes. Is that what you're referring to? MR. SCHIFFMAN: Correct. MR. SAIDIS: A-4 is the transcript of the proceedings. That's dated December 1, 1998. The ordinance itself then is A-5. A-6 then is the letter of Darrell McMillan dated November 27th. And A-7 -- MR. SCHIFFMAN: I believe that's August 27th. MR. SAIDIS: August 27th. You're right. And A-7 then is a variety of correspondence with attachments, starting out with the July 29th, 2002 letter from Mark DiSanto. MR. SCHIFFMAN: Correct. MR. SAIDIS: Before we get started then, Mr. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1t Grell, did you have a chance to review these? Do you have any objections, or do you want to take these item by item? MR. GRELL: We have no objections to the documents. BY MR. SCHIFFMAN: Q. On the fourth from the last page, which is the Quaker Oats site plan in Exhibit A-l, is that the site plan for the facility that we're talking about? A. Yes, it is, yes. Q. Can you tell me how many square feet that total facility is? A. The total facility is in excess of 700,000 square feet. Q. The item that's marked 34, the space that's 34 there, is that the office space in question that we're talking about? A. Yes. It's approximately 45,000 square feet. Q. We can say it's less than 5 percent or approximately 5 percent of the total space? A. Yes. Q. Now, when was this facility built? A. The facility was built in various stages from the mid 60's to the mid 95's, 1995. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no Oo ao Oo 12 And from your research of this building, can you tell us what were the uses of this building? Well, the building obviously was owned by Quaker Oats Corporation. They had manufactured many of the Quaker products throughout time, from oatmeal to chewy bars to Gatorade as such. That's what the building primarily was used for, to manufacture the products and then distribute the products from the warehouse. The 45,000 square feet that we're talking about is part of this entire complex? Yes. Approximately -- the office component is approximately 45,000 square feet. The larger portions of the building are approximately a little over 400,000 square feet of high bay warehouse. That means ceilings higher than 20 feet used for storage and distribution of the product that they were manufacturing. The rest of the building is a mix of low bay warehousing and multifloor manufacturing. And then the smallest part of that then is office space, is that correct? Yes. Is it your understanding that from the beginning this office space has always been occupied as FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Oo Oo 13 office space? Yes. It was built and designed for office space. It includes conference rooms such as this, training rooms, full service cafeteria, executive offices, and work areas that could divided up into cubicles for daily tasks. The facility at this point is occupied how? It's currently occupied, the warehousing, Arnold Logistics is distributing. They've leased the 400,000-plus square feet of warehousing and are distributing the Quaker products that are just shipped in and shipped out of the warehouse. The rest of the building is being marketed to the public for lease. And you're marketing both warehouse space and office space, is that correct? Yes, we are. And who in your office is the leasing agent for this project? Patty Hanes is our commercial leasing representative. She's here this evening. MR. SCHIFFMAN: I have no other questions for Mr. DiSanto. Do you have any? CHAIRMAN HOLLAND: Questions of Mr. DiSanto by the board? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 MR. SAIDIS: Counsel for the township? CHAIRMAN HOLLAND: Mr. Grell? CROSS-EXAMINATION BY MR. GRELL: Q. Are there any other users anywhere throughout the 700,000 square feet other than Arnold at this point? A. Yes. We have two other -- one other user. Q. Who is that? A. Two. I'm sorry. Two other users. Excuse me. Q. Who are they? A. One is a landscaping company. Malco, Inc., I believe they operate under. And the second one? MS. HANES: Brenner Transportation. A. Brenner Transportation. BY MR. GRELL: Q. How long have they been there? MS. HANES: MR. SAIDIS: testify. MR. SCHIFFMAN: Just a few months. You're not going to be able to We're going to put her on the stand next. information. MR. GRELL: then. She'll be able to give you better I've save my other questions FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 EXAMINATION BY CHAIRMAN HOLLAND: Q. What's the nature of the two businesses that are in there? Brenner Transportation, what's the use that they occupy? A. Arnold Logistics is doing heavy distribution of Quaker products, you know, whatever. The building is mostly full of Gatorade and oatmeal that they truck in and out of there. There's no Qo Qo manufacturing. manufacturing. use in and out. same thing. They have consolidated their They bring it in and out. Heavy And Brenner does essentially the Does Brenner distribute Quaker products? I'm not sure what they distribute. Possibly Patty could answer that. What about the third business, lawn care? It's a landscaping firm, and they have rented a portion of the rail side and have small landscaping trucks and tractors and things like that. No big dump trucks. landscaping firm. So the space that they occupy, primarily for storage? Yes. It's a rather smallish is that used FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 CHAIRMAN HOLLAND: Any other questions of Mr. DiSanto? (No response.) CHAIRMAN HOLLAND: Thank you, Mr. Schiffman. MR. SCHIFFMAN: I call Patty Hanes. PATTY HANES, called as a witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND: Would you state your full name, please, and spell your last name and provide your address? MS. HANES: Patty Hanes, H-a-n-e-s. I live at 349 Blacklatch Lane, Camp Hill, Pennsylvania, 17011. DIRECT EXAMINATION BY MR. SCHIFFMAN: Q. Ms. Hanes, ne Qo can you tell us what your current employment is? I work for Triple Crown Corporation. I'm a commercial property manager. How long have you been with Triple Crown? For eight months. And prior to Triple Crown, where did you work? I worked for a commercial real estate development firm, Campbell, for six years. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qe no no ao 17 And prior to that? I was a property manager for Jack Gaughan and Jim Grandon. Do you have extensive experience and background in commercial leasing? Yes, I believe so. You heard Mr. DiSanto describe the building? Yes, I did. Do you have anything else to add about the nature of the building? No. It's a very large unique building. Have you been attempting to lease this building for the last eight months? I certainly have. And you currently have a proposed use for that building? I do. I have a proposal from the Daybreak Church. What is that proposal? What would they propose to do with the space? They would like to move their corporate offices, executive offices, into the building; handle all the paperwork, the administrative building; and use it for counseling, meetings; and hold services occasionally. Now, can you describe the space that's been there? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao ne Oo no 18 It's unaltered, is that correct? It's the way it's always been? That's correct, yes. And can you describe that space, how that space works for this sort of use? Sure. It's three floors of office space, about 15,000 square feet per floor. It's mostly conference rooms. There's a built-out private office along the perimeter. There's some cafeteria space there, executive offices, that type of thing. And would there be a proposal to alter or change that space? No. They're not making any major alterations. Just a few cosmetic changes. Let me ask you this. If Mr. Bradley's decision were correct that you could only lease this office space as ancillary to warehouse space or one other permitted use within the industrial zone, in your opinion as an experienced commercial realtor, would you have a problem leasing this space? Yes, I believe so. Most of my inquiries have been for 4 or 5,000 square feet of warehouse space, and no one using that small amount of space is going to request 45,000 square feet of office to go FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oe Qo no no Qo 19 along with it. Are you having a problem leasing this space? Yes, I am. Is the space such that the type of use in the IG zone and the economy the way it is today going to permit you to lease it as Mr. Bradley suggested? I think that's going to be a problem. I think most businesses are downsizing, and I don't believe they have a need for that size office space. In the downsizing economy, does it then become easier to fill office space alone? Yes, it does. If you were not able to lease this 45,000 square feet of office space, what would be the economic impact on the owner of the building? It would be quite substantial. It leases at eight-fifty a square foot. With 45,000 square foot, that would be in excess of $300,000 per year the owner would lose on the building. Tell me about the parking at this building. There's quite adequate parking. There's 375 parking spaces on the facility that are lined. And how much parking spaces does Arnold Logistic use? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 ao I don't know offhand. They use tractor-trailer parking, and they have a few employees that use the front lot. Is the lot full when you're there? No. MR. SCHIFFMAN: That's all. other questions. CHAIRMAN HOLLAND: I don't have any Any questions? EXAMINATION BY MR. KANE: Q. Ms. Hanes, you said that the church plans to have occasional services? A. Yes. Q. How often is occasional? A. They stated on Sundays and perhaps some services during the Easter season on Wednesday evenings. Q. How many members would be coming to those services? A. That I don't know exactly the size of their congregation. I believe it's about 800 people, but I'm not real sure. MR. KANE: That's all I have. Thank you. MR. BALDWIN: I have some questions. BY MR. BALDWIN: Q. You talk about numbers, and you were saying that FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 it would be used during the week mainly as offices? A. That's correct. Q. How many people? A. They employ between 10 and 15 people, and they have volunteer help that comes in during the week. Q. You said there's going to be no major alterations, just cosmetic. What do you call cosmetic? A. Just painting, possible touching up some of the carpeting in different areas. No alteration to the outside or structural at all. Q. When the present owner bought this property, you were discussing the fact they might have financial difficulty renting these properties. Isn't that the type of gamble he's taking? A. I'm sorry. I wasn't employed with them at that time, so I'm not sure what discussions were had at that point. MR. BALDWIN: That's all I have. BY CHAIRMAN HOLLAND: Q. You commented earlier about the church who would be leasing this property having occasional services there or occasionally using the property for services. Can you explain how their intended use of this property would differ from any other F[LIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo Oo no ao 22 church's use of other church property? Well, I think they're a little more office oriented; and they have an outreach program which would facilitate their use of office space. Also, they're in need of warehouse. They do clothing drives. They store a lot of product for the church. They're different because of their big outreach program. Many churches today especially have day care facility, preschool facilities, et cetera. Do you know if Daybreak Church has any of that? Yes. They do not. I questioned them on that quite extensively. They would only watch children during the hours of service. They do not run a day care during the week. What type of traffic would be coming and going on a daily based related to the outreach programs? I believe most of it is out of the office, so I think it would be some pedestrian. No more than you would in a normal office facility. What about programs like Meals on Wheels, for example? Are they involved in those programs? They didn't mention that one specifically, no. In today's market, what type inquiries are you receiving for industrial-general property? FILIUS & McLUCAS REPORTING SERVICE, 1NC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 ao Other than they have a large office need, lot of clerical work, lot of paperwork, that type of thing. CHAIRMAN HOLLAND: Mr. Saidis? CROSS-EXAMINATION BY MR. SAIDIS: Q. no Oo The application indicates that the Daybreak Church has got a 5351 Jaycee Drive, Harrisburg address. But that's really -- That's our address. That's Triple Crown? Right. Where is the Daybreak Church now? They're currently located on Slate Road in Mechanicsburg. I'm sorry. State Road. Is it their intent to move their entire operation to the facility that you're describing? That's correct. They're in a flex building now. They want to consolidate. They also have offices in the lower level of the PNC Bank at the Mechanicsburg square, and they'd like to consolidate to one location. MR. SAIDIS: Perhaps better, are we going to, Mr. Schiffman, hear from somebody from Daybreak Church? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 MR. SCHIFFMAN: In fact, we're not. We didn't bring anybody with us today. MR. SAIDIS: I don't have any other questions. CHAIRMAN HOLLAND: Mr. Grell? BY MR. GRELL: Q. Ms. Hanes, are you a member or an officer of Daybreak Church? A. No, I'm not. Q. Do you have any connection with Daybreak? A. No. They were just an inquiry I had over the phone. Q. So what you're testifying to is basically not your firsthand knowledge of the operation of the church or what their needs are? A. Well, I've been out to see their current space where they're at now, so I've done a little bit of research. Q. But the series of questions you were asked, how many members they have, you didn't know that? A. Right. Q. You really don't know what their outreach programs will be at this site, is that correct? A. I could get you a list of them; but I can't name them right now, no. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo Qo Qo 26 And you're surmising that these outreach activities and clothing drives will not generate people coming to the site during business hours, the 9:00 to 5:00, other than the 10 to 15 employees? I think you have some occasional pedestrian traffic, but it wouldn't be anything heavy. What is your basis for saying that? They have 800 members in their church. What makes you think you that? Because where they're located now in the lower level of Mechanicsburg PNC Bank, and they tell me they have a few visits a day now and they don't expect more than that. How much space do they have now? 11,000 square feet of space on State Road and a little over 2,800 I believe it was in ?NC Bank. So they're at least going to double the size of their facility if not triple the size? That's correct. Wouldn't be it logical to believe that their plan is to expand their activities? They told me they were holding services, four, and five, and six services, and now they'll be able to seat more people and have two or three services on FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no Oo ao 27 Sunday. Referring to the floor plan map that's part of A-l, the second, third, and fourth pages, I notice on here that there's a machine shop within this Are they planning to keep the machine space. shop? No. They're only going to occupy the third floor, the second floor, and a small portion of the first floor. What portion of the first floor are they going to occupy? It would be to the right-hand side of the lobby, the self-contained office space. Where it says conference offices, conference room? That's correct, yes. But not across the hall where it says credit union and training? They would like to have an option on that space. What about the quality assurance laboratory section? No, sir. And nothing to the rear where the women's locker rooms are? That's correct. On the second floor, are they going to maintain FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo no Qo ao 28 the food preparation area and dining room? Yes, sir. For what purpose? They're going to use it for coffee hour before and after church. Are they going to maintain the training room? Yes. What's in the training room, or what was the prior use of the training room? I believe it was just to train employees. It's a big conference room like we're in now. Are they going to maintain the men's locker room area? That's not part of the space. That's actually in between the second and third floor and the women's locker between the first and second floor. I thought you said they were going to lease all of the second floor? It's not on the second floor. It's between the second and third floor, connected to the warehouse. Okay. So that's not part of the space? That's correct. On the third floor, are they going to lease the entire third floor? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no no ao 29 Yes, they are. Where is it that they're going to have their church services? In the open part of the third floor. Where it says general office? Yes, sir. What is it about this building -- I guess not just this building, but the entire facility here. This is all one building, right? That's correct. You said that it's a unique building. What is it that's unique about it? Well, it's originally a manufacturing plant. It has a lot of ceiling penetrations. The floors are uneven. There's a lot of common spaces. It's an odd mix of buildings. It was added onto several times over the years, so it's not a consistent building. It's very unique, very odd. Did it accommodate a variety of uses for Quaker Oats? I'm not sure. Do you mean by uses, they -- For example, it had offices. It appears to have -- just this building appears to have had a laboratory, it had a machine shop, I assume -- well, do the other buildings also have other FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Oo no ae ao 3O industrial or warehousing related uses that were operating there? Yes. Area 1 and 39 are all warehouse. The balance of it is manufacturing. By the balance, you're talking about 11, 12, 33? That's correct, all the rest of the area. Is there another building like this in Hampden Township? Not that I'm aware of. So if this became either in whole or in bits and pieces a traditional office complex, something unique to Hampden Township's industrial district would be lost? I don't see how. If there's not anything else like it and you take it out of use as an industrial warehouse-type use and turn it into more traditional office use -- We're only talking about 5 percent of the complex. But if your reasoning is correct, wouldn't the same reasoning apply to the other areas that Arnold is not leasing? I'm sorry. I don't follow the question. Well, wouldn't the next tenant that comes in be looking at Section 12 or Section 11 or 33; and if the same analysis applied there, all of the rest FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Oo Qo 31 of this building could become traditional office space? No, not with the common spaces, the flooring, and the ceiling penetrations. It would have to be warehouse. Which sections are you talking about? All the rest of them, 33, 50, 11, 12. There are different heights of ceilings. They are different floors, different penetrations. There are chutes drooping from the fourth floor to the first floor where they dropped grain and unloaded the rail. That could never be converted into office space. Are you saying that Section 34, at least part of 34, is what Daybreak Church wants to lease? That's correct. Are you saying that's the only space within this facility that's really suitable for general office use? The way it stands now. What if Arnold needed some office space? Their probably best bet is to build within their current space which is 1 and 39. So if this went -- They do have some office space in there now. What if a buyer or a user wanted to come in and FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oe no 32 take the entire premises? Where would they have -- if this was converted to this church use, where would they have the ability to construct office space if the rest of this isn't suitable for office space? I suppose they could add on somewhere. Have you examined whether the footprint of the lot and the existing buildings would allow for future expansion on this site? No. I've never had anybody ask me that question before. You may have answered this already. Where is the church currently? They're located on State Road, Mechanicsburg. And that's where they have their services? Yes, sir. Is that the 11,000 square feet you talked about? Yes. Now, you said you've had problems leasing this property; but you've only been working for the company for eight months? We've only owned the building for nine. In your experience, is it unusual for a unique property to take more than nine months to lease up? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo no Oo Qo 33 I don't remember ever having a property sit that long without anybody renting part of it at least. The other users that Mr. DiSanto testified to, can you give us some more detail on that? The landscaping business is what? He just rents some of the rail space, 3,000 square feet, covered warehouse. Who is he? Melco Landscape. And on the site plan, which space is he leasing? They're not really in a building. If you follow the rail as it enters the building, they lease the first 3,000 square feet inside for covered space to store a couple pieces of equipment. How long have they been doing that? Just month to month. They've been there since July. Do they have a certificate of use from the township? I didn't think they required one for parking space. They're just using parking space. I thought they were leasing? It's covered, but it's rail. has a roof over it. building. It's open. It's not part of the It just FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo ao ao 34 The other one was Brenner Transportation? That's right. Which section of the site are they leasing? They lease 15 parking spaces. Where? In the parking lot. What do they do with the spaces? They just put empty trailers there. Do they have a certificate of use from the township? I wasn't aware one was required for parking space. Did you ever inquire with the township on the requirement of the certificate of use for either of those? No. Were they your leases? Yes, sir. How long has Brenner been there? They've just been there two months. You testified that most of the inquiries you've had have only been asking for 4 to 5,000 square feet of warehouse space, is that correct? That's correct, yes, sir. What other inquiries have you had for any of the uses that are permitted in the IG zone other than FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no no ao 35 warehouse? The most recent one I can remember is a car detailer. How much space did they want? 5,000 square feet. Were you able to put that deal together? No, I was not. Why not? They had a couple different reasons. They thought it would be expensive to put in a car lift and also to ramp the dock door. Would that have been a permitted use under the IG zone? Yes, sir. What other inquiries have you had for other permitted IG uses? All warehouse. How much additional space is available for lease right now, not including the space that's proposed to be leased to the church? There is -- the whole building is 716,000 square feet. Arnold Logistics occupies 414. If you would subtract out the 45,000 of office, that would be the balance of the vacancies. But they're not proposing to lease 45, are they? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oo 36 No. They're only asking for 26,000. That would be rentable square footage. That would be minus the machine shop and the lab that you pointed out earlier. In your experience, if a church leased the portion of Building 34 -- well, it's all one building. But what's shown as Number 34, if a church leased that, what would be the likelihood of being able to lease the section that is shown as machine shop for any kind of industrial use? MR. SCHIFFMAN: I'm going to, if I could, object to this line that Mr. Grell keeps going on. The permitted use permits 85 percent of the office space to be leased to multiple tenants. Whether or not we lease to one or a dozen or 12 dozen makes no difference under this ordinance. Whether we've blocked ourselves from leasing our other space to someone else is just not relevant in this matter. MR. GRELL: Well, that's what the whole matter is about, whether your interpretation of the flex space ordinance is correct, if in fact this use has nothing to do with warehousing qualifing as flex space. MR. SCHIFFMAN: We will concede it is not FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 attached to warehousing. It is a separate office use. If we want to go into the testimony even when the ordinance was passed, which the specific question was asked at the time of passing the ordinance whether or not this space could be leased as separate office space. And the answer was if the ordinance does not prevent it, and then the testimony went on and discussed how you would calculate parking. I believe Mr. Bradley testified how you would calculate parking in that situation. That's on Page 4 of the transcript it starts; and then on Page 10 of the transcript, it goes on with Mr. Brown who is the owner and -- MR. SAIDIS: I think he's on cross-examination, and you're arguing your case. We've been, I would suggest, fairly lenient. I would suggest that you let Mr. Grell pursue this a little further. CHAIRMAN HOLLAND: MR. GRELL: Thank you. BY MR. GRELL: Q. A. Proceed, Mr. Grell. Do you recall the question? So that can be leased separately? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oo Oo Oo ao 38 In your experience, someone could use that as a machine shop with the church operation going on the floor above it and partially on the same floor? The floors there are heavy load bearing floors, very thick cement floors; and it's off to the side. I don't think that would cause the church any problem at all. What about the space where the quality assurance lab is on the first floor which is immediately adjacent to the lobby into the office suite for the church? Is there a similar separation between that space and your lobby? There's just a regular wall between there. What I envision seeing happening is we'll probably have to gut that space and use it for office also. I don't believe anybody is going to want to use it for lab purposes. Or any other industrial use, I imagine? Probably not. So essentially we're taking this whole building out of future industrial use except for probably the machine use? It was never in industrial use. It was always an office building. We're not taking it out of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 industrial. MR. GRELL: It's an office building. I think that's all I have. Thank yOU. MR. BALDWIN: BY MR. BALDWIN: I have several questions. EXAMINATION Q. Did I understand you correctly that the only communication you've had with the church is over the telephone? A. No. I showed them the property. The phone, that's how I got their inquiry. Q. My other questions are, have they signed with you any options or other paperwork? A. The lease proposal. The lease they're willing to sign is contingent upon your decision. Q. What is the duration of that lease? A. I don't have it in front of me. I believe it's a five-year lease. Q. With them able to renew it? A. That's correct. Yes, sir. MR. BALDWIN: That's all. BY MR. KANE: Q. Ms. Hanes, you said that the economy being what it is right now is impairing the ability to lease this space, is that correct? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845~6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no ao Qo ao 40 Yes, sir. I take it if the economy were booming like it was a few years ago, you wouldn't have this problem? Probably not. I think the warehouse would rent a little quicker. The fact that this would be converted to a church use as opposed to being converted to office space connected to industrial use, in your opinion being involved in real estate as long as you have, would that encourage or discourage the construction and continued use of the land for industrial purposes? I don't think it would interfere with the industrial. Most industrial users are 95 percent warehouse. They might have a small office for one or two people that they can accommodate, but I don't think it would interrupt the industrial use at all. MR. KANE: That's all I have. CHAIRMAN HOLLAND: Any further questions of Ms. Hanes? (No response.) CHAIRMAN HOLLAND: Thank you, Ms. Hanes. MS HANES: Thank you. MR. SCHIFFMAN: I'd like to recall Mr. DiSanto to clear up a couple things for you. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 41 oath. CHAIRMAN HOLLAND: MR. DiSANTO: Yes. I remind you you're under JOHN M. DiSANTO, recalled as a witness, having been previously sworn, testified as follows: BY MR. SCHIFFMAN: Q. Mr. DiSanto, DIRECT EXAMINATION there was a question from one of the ao gentlemen with regard to at the time that you bought the building did you understand that you were taking this risk; and Ms. Hanes couldn't answer that question. Could you tell us what your view of this building was at the time you bought it? Yes. I'm trying to keep my answer short, but I'd like to frame the entire situation if I could. Mr. Grell had some comments as well about losing a unique industrial use in Hampden Township, and the question was also asked about our understanding of the zoning ordinance when we purchased the building. Obviously the unique industrial use of the building was gone. It is gone. Quaker pulled up. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 They left town and took all their jobs with them. They took three years to close that building down. Patty talks about the different penetrations and so on and the floor levels. It's hard to understand, but this building is enormous at over 700,000 square feet. Part of this building which you cannot understand looking at the floor plans, it's a seven stories high manufacturing facility. When we were talking about parking the landscaping business along the rail siding, this rail siding is huge. They can park 20 railroad cars under roof because of the amount of material they were bringing in, operating twenty-four, seven. They operated 363 days a year. They only closed two days out of the year. They needed to have the continuity of the operation to keep everything going. There's machine shops there. There's laboratories there. It's a totally -- it's a city unto itself. So PepsiCo bought Quaker, said, We're closing the plant down. That building has been for sale for five years. There's been international and national people come look at the building. Nobody bought it. The only people that were interested were local buyers. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 Now, we looked at the zoning ordinance and felt that we were comfortable enough to buy the building that under the flex provision we would be able to bring multiple tenants into the building. You have to understand as well, with the economy, I think Mr. Bradley may even recall this when we were discussing it in his office, we like to use Home Depot as an example. Is that a nursery? Is it a lumber yard? Is it a high bay distribution building? Is it retail? The world's changing. The economy's changing. We, knock on wood, have found a niche market where we've been able to go in and take a building and try to breath back into life. That building was dead before we got it. It was just going to be sitting there. We managed to bring a tenant in, a big tenant, and make things work. But there's a lot of opportunity there. And yes, we took a risk but felt comfortable with the zoning ordinance that we would be able to come in with multiple tenants, as I said, and revitalize the building as we have done in the city of Harrisburg and other townships. Whether we like it or not as a community, our economy is changing every day. Consolidated FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 Freight. They just closed down, packed up. What's going to happen to those lots? They're either going to be readapted, reused, or they're going to lay dormant. So I just wanted to try to point that out and frame the decision we're making. We believe we're providing a real benefit to the township. We're trying to stabilize the tax base. Yes, we're trying to make a profit; and we don't apologize for that. We believe it's a noble profession. Also, I'd like to clarify that the offices for the church are their corporate offices. I don't know how many parishes -- I hate to use that terminology. I'm a Catholic, so I say parish. I don't know what other operations are being run out of there. It's not simply a church as if there would be a church out on the road that has their own office and manages to their own parish. It's been represented to us that it's a corporate office. It's also important to indicate within the submittals as Mr. Schiffman indicated, they've limited their use of the facility to try to meet concerns that the township staff had with only having the services two nights of the week within FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 certain hours. And they've also agreed not to expand their use at all without prior written permission from the township. I think those are two very important aspects. The last point I wanted to make, and I already said it once, the building is huge. The only office component is this area we're talking about. I have no problem thinking they're going to rent to multiple tenants without impacting the offices. There's many entrances in and out of the building, and there's people looking at it. But if we don't have the flexibility to be adaptive and be innovative and look for reasons to make deals work and not kill them, the building is going to be a blight on that area simply in our opinion. EXAMINATION BY CHAIRMAN HOLLAND: Qo no Mr. DiSanto, when did you purchase the property? We purchased it nine months ago. Obviously we were in negotiations prior to that. When you purchased the property, you were aware that it was zoned IG, is that correct? Yes, we were. And you understood what uses were permitted under FILIUS & McLUCAS REPORTING SERVICE, INC, Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no Qo no 46 the IG zone? Yes. But we refer back to the flex. I'm not going to speak properly. I'm not as adopt with the zoning ordinance words as Steve is. But we felt underneath the component where the flex building was allowed and the amount of office space based on percentages that we would be able to go in there and proceed with the building. Obviously we did because we went to the township and asked for the use. Can you explain to me why you felt that, why you thought that? I mean, all the zoning ordinance says is that flex space building provided that the office use shall be limited to no more than 85 percent of the total gross floor area of the building. I mean -- MR. SCHIFFMAN: If I might interrupt. CHAIRMAN HOLLAND: Excuse me. I'm asking Mr. DiSanto if he can answer. I would prefer Steve answers that, but I'll say this. I believe it afforded us the opportunity to go in there under flex conditions to bring in multiple tenants and not have a problem leasing the office space based on the percentages. I don't think -- I'd prefer Steve answer the rest of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 that. MR. SAIDIS: That would be argument. If he can't answer it, we can proceed. CHAIRMAN HOLLAND: Any other questions of Mr. DiSanto? MR. GRELL: I do. CHAIRMAN HOLLAND: Mr. Grell? CROSS-EXAMINATION BY MR. GRELL: Q. You've testified now that this is a city onto itself and it has this huge rail component to it which I guess begs the question, is this building not only unique to Hampden Township but possibly the county? A. No. I wouldn't say it's unique in that sense. Purina, I'm not sure if it's Purina Feeds or Mill. Purina Mill is directly adjacent to our property. They have rail service there. I don't know what they do. They grind feed there. It's a multistory manufacturing. ADM is right on -- But that's an ongoing operating business? Yes. Maybe I didn't understand your question. Are there other available sites that compare to the Quaker Oats property? In our immediate area there's none that have been FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo no 48 -- I hate to use harsh terms -- abandoned and are undergoing the reuse that we're trying to use, no. Now, does that answer your question? Yes, it does. To the extent that there are major industrial users out there doing site selection and a portion of this property gets turned into a corporate office or a church, that takes part of that unique facility out of the mix for major site selection. Would that not be fair to say? I don't think that's fair in the sense that it's hard without a three dimensional model to understand this building. The vast majority of the warehouse that is available there, not vast majority, I'd say about half of it is multistory manufacturing with holes as big as this room where conveyers and everything would go up through that building. That building will never be on anybody's short list for manufacturing anymore because the building has been broken down. There's no longer a storage component available because it's leased out. As I said earlier, to try to understand, that building was full of machines as big as this room that took them three years to move. The reason they moved them is because they're unique FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao 49 machines. You couldn't replicate the machines that were there. I guess you could if you wanted, but they're no longer available. Quaker moved them out west, into the midwest to their other plants. So unless somebody is going to be manufacturing exactly what Quaker did and have the same setup for machines, it would be impossible to use that in that fashion anymore. That's gone. You testified that since acquiring the property, you were successful in bringing in a big tenant. But, in fact, that's an existing Hampden Township company, is that right, Arnold? They're an existing statewide company, yes. They have over a million square feet in the township. That is about 1/10, less than 1/10 of their operation. They're all over. And I think from your earlier testimony, at least part of the work they're doing is continuing to do distribution for Quaker? Yeah, that's correct. But also I'd like to just interject that Arnold is in a growth business. All of these companies are getting rid of their warehousing. That's why Arnold was sold in the paper for their ability to do jobbing, more or less. That's a growing industry. Manufacturers FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no no ao ao 50 no longer want to handle product. They sell it to the wholesalers. What Arnold is doing in that building is distributing Quaker's products for them? I believe about a third of it. I hate to testify to that. Not all product is Quaker. They're using it for whoever else they do, and I don't know who. Along those same lines, you're not an officer or a member of Daybreak Church, correct? No. You keep referring to this as a corporate office. I'm still not clear I understand what a corporate office for a church is. Do they have multiple church locations that they have to coordinate through a central office? I can't answer that under oath. I really don't know. I don't understand how they're set up. I'm not comfortable answering that. Is it also your understanding that the church has approximately 800 members and 10 or 15 employees? I understand they're going to have 10 to 15 employees plus the volunteers. I didn't know about the number. Until Patty said that this evening, I wasn't aware of that. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-~418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 no But you really have no firsthand knowledge what they're going to do once they get in there, is that fair to say? That's fair to say, other than they agreed to limit their hours. MR. GRELL: That's all. CHAIRMAN HOLLAND: Thanks, Mr. DiSanto. Mr. Schiffman, do you want the township to present their case at this point? MR. SCHIFFMAN: That would be fine, and then I'll close after. CHAIRMAN HOLLAND: Mr. Grell? MR. GRELL: I'll call Mr. Bradley. JOHN E. BRADLEY, JR., called as a witness, being duly sworn, testified as follows: CHAIRMAN HOLLAND: For the record, if you'd state your name and position. MR. BRADLEY: Certainly. My name is John Bradley. I'm zoning officer and township manager for the Township of Hampden. DIRECT EXAMINATION BY MR. GRELL: Q. Mr. Bradley, are you familiar with the application for certificate of use filed by Triple FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717~236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao ao no 52 Crown on behalf of Daybreak Church? Yes, sir, I am. Do you have available what's been previously marked Exhibit A-l, the application for certificate of use? I'm not too sure that I do. We'll see that you get it. Yes, sir. In your capacity as township manager and zoning officer, have you had occasion to review this application previous to this evening? Yes, I have. Did you meet with representatives of Triple Crown corporation or QB Limited Partnership or Quaker Limited Partnership in connection with this application? On July 23rd, we had a meeting. Yes, sir, we did. Do you recall having any meetings with representative of Triple Crown with respect to this property prior to about nine months ago when they testified they purchased the building? No, sir. My first meeting with them was July 23rd of this year. Do you recall who attended that meeting? I believe the two Mr. DiSantos did, Mr. John FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Qe ao 53 DiSanto and Mr. Mark DiSanto, I believe, and my assistant, Darrell McMillan, and myself. Was there anybody there representing Daybreak Church? Not that I recall. Describe your understanding of the request that was being made at that meeting. Was that meeting before or after the application for certificate of use was filed or possibly the same day? To be honest with you, sir, I'm.not sure. This thing isn't stamped in. It was certainly within a day or two. The applicant signed it on July 19th. What day we received it, I'm not sure; but it was probably the day before, maybe even the day of the meeting. Had I reviewed it before the meeting? No, sir, I had not. What was your understanding of what Triple Crown was requesting at that meeting? As I recollect, they were requesting the use to allow a church, the Daybreak Church, into the industrial site known as Quaker Oats. They also suggested that that church would have an office use along with it. They argued that this would be permitted under, first of all, public facilities FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 in the industrial-general zone and/or the flex space office building use under the IG zone. My response in that meeting was that I thought it was a stretch to believe that a church would be accessory to any office, and I explained my vision of what flex space office use was. The meeting lasted approximately an hour. I asked Mr. DiSanto to put his request in writing, to add to his request any restrictions that the church and/or office would be willing to impose upon themselves. And once I received such a request in writing in more detail than the certificate of use application allows for, I would respond in writing as soon as I could. Do you recall whether the pages that are attached to Exhibit A-1 were part of a document that you reviewed at or about the time of that meeting? I reviewed these documents. It was after receipt of Mr. DiSanto's letter of July 29th. I don't recall having any documents or diagrams at our meeting on July 23rd, but I would stand to be corrected if my recollection is wrong. When you referred to a July 29th, 2002 letter from Mr. DiSanto, in that case Mr. Mark DiSanto, are you referring to the first two pages at least of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Oo no no no 55 what's been previously marked A-77 Yes, sir. Do you recall whether the third page of that exhibit, a letter from Purina Mills, was attached? A letter to Purina Mills was attached, in fact, to their July 29th letter. How about the fourth page from True Temper? Yes, sir. That was attached as well. And the fifth page, the letter from the secretary of the Daybreak Church? Mr. Hatch, that's correct, sir. How about the next four, five, or so pages that are various floor plans and site plans? I don't recall them being attached. My recollection is they were only attached to the application for certificate of use which is A-1. I believe that's correct. Would you describe just very generally the procedure for obtaining a certificate of use in the township? Yes, sir. And allow me to start off by saying that the zoning ordinance requires anybody that has any use whatsoever of a building structure or vacant land to apply for a certificate of use, no matter how small or large physically that use may FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo 56 be. The application is available through the codes department. It is a one-page application. The purpose of the application is to make certain that the use fits the zone, that the parking is sufficient, and that we have documentation of the water use. And it's used quite frankly as an inventory use of the businesses doing business in the township. They are approved typically by the assistant zoning officer. They are reviewed by the plan review board which meets every two weeks at a public meeting. And if there are zoning issues, then the zoning officer needs to make a decision on it. The zoning officer being you? Yes, sir. Are you familiar with this site? Yes, sir. As a matter of fact, I was there today in preparation of this meeting. To your knowledge, what are the existing uses of the site? Before I walked into this room, I was only aware of the certificate of use for Arnold Logistics, which is a warehousing use. Apparently there are FILIUS & McLUCAS REPORTING SERVICE, INC, Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo no no ao 57 a couple other uses going on which the township was unaware of, and I was specifically unaware of it. To your knowledge, the only certificate of use currently issued for that site is the one or for Arnold Logistics? That's correct, sir. At the time of your meeting on July 23rd, was there any decision made by yourself at that time? No. I made a decision -- I think I was very clear with Messrs. DiSanto that I would make a decision based on their written input. In that sense, that was a decision. I decided that, but I didn't make any zoning decision. So you left things that they would follow up with certain issues that were discussed at the meeting and putting their exact proposal in writing? Yes, sir. You did subsequently receive that letter, which we've already referred to as A-7, correct? Yes, sir, I did. Was that letter consistent with your discussion at the meeting? Yes, sir, I believe in essence it was consistent with that. I don't think I saw any curve balls in FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao no 58 that particular letter that I recollect. Were they still making the argument that this is either a public facility or flex space in the alternative? I believe they were. I'd have to go back and read it specifically. But sitting at the desk a few minutes ago, I did see that argument. Maybe I saw it in the application to the zoning hearing board. Feel free to refer to A-7 if you need to to clarify your answer. A-7 is their July 29th letter? Correct. And your question again, sir, was? Whether they were still suggesting that this was a public facility or a public utility. I don't see it directly in their letter, no. Was that possibly a question that was asked and answered, as they say, in the meeting? I certainly answered it in the meeting to the best of my ability. I don't know specifically that my answer was accepted. I do notice, however, and this is where I saw it, in the application to the zoning hearing board for tonight's appeal hearing dated August 8th, their Exhibit A still suggests that the proposed use falls under two categories, FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no 59 public facilities and flex building. That's where I saw it, sir. You're referring to the second page of Exhibit A-27 Yes, sir. And Paragraph 8 of that second page? Correct. What was your answer on the issue of whether this is in fact a public facility? MR. SAIDIS: May I just interrupt for one second? I'm uncertain where you're headed with this. I think we're here -- we clearly know what the township's position is. They've appealed it. What happened in this discussion, I don't know how relevant it is. I think we need to hear what facts he relied on and what his thinking was. I don't know that their discussions are going to add anything to that. MR. GRELL: Well, what I'm getting at is what his determination was as to whether this is a public facility. MR. SAIDIS: All right. Then let's ask him that. MR. GRELL: I thought I did. Okay. The public facility definition on Page 27-24 of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 the zoning ordinance, the word public simply means owned, operated, controlled by a government agency. Quite frankly, my thinking immediately said that a church or office, either one, would not be a public facility, so I discounted that immediately as a permitted use, the church and/or office falling under that permitted use. BY MR. GRELL: Q. What investigation or research did you do with respect to whether this proposed use fit under the definition of a flex space building? A. Flex space building, as has been pointed out earlier, I was here and involved in the amendment to the ordinance to allow flex space building which was brought to the Board of Commissioners by the Venator Group which operates a building off Simpson Ferry Road at the corner of St. John's Church Road under the name of Foot Locker. They suggested that because of business cycles, the cyclical nature today of warehousing and offices, that they and other people be permitted to take one building which is designated in an industrial zone which had mostly warehouse and be able to flex their own work force back and forth through that building so to take account of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 or account for the cyclical nature of the warehousing and industry that has an office use associated with that warehouse. So it was never intended to allow somebody to have a warehouse building and then bring in an independent office use. It was never intended to have shoes owned by Foot Locker stored in 50 percent of the building and then have attorney offices or doctor offices or IBM move into the rest of the building. That was not the intent of a flex office space building. I think I expressed myself, for what it's worth, in that July 23rd meeting to that extent. That thought continued on when I reviewed the July 29th letter. What prompted my thinking also was not so much my belief that a church or the corporate office of the church would fit under flex office space. I must admit that I immediately discounted that almost as quickly as I discounted the public facility use. But when I drove by the site, I noticed the marketing sign out front had office right there in the front line. That's the very first thing they were marketing this for. And in my opinion, I had to make a decision not only on the, quote, FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo ao 62 corporate office of the church but offices in general because that was going to be the next thing that was going to be brought up. In my opinion, flex office space would have to be an office that was associated with the industrial use going on at the site. The result of your analysis was your August 2nd, 2002 letter to Mr. DiSanto that's attached to Exhibit A-27 Yes, sir, that's correct. In your view, what would be the consequence of allowing a church into the industrial zone? Well, I think, for what it's worth, the purpose of the industrial zone -- and I read it many times over the last couple weeks, Section 1501 of Part 15; and I understand preambles are not necessarily carved in granite. But the purpose of the industrial-general zone is to encourage the construction of and continued use of the land for industrial purposes. If we allow a church into the industrial zone, it would seem to me that that would be precedent setting. It would be difficult for a zoning officer to stop other similar uses going into the industrial zone. And eventually if the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qe no 63 industrial zone piece of property remains vacant for whatever period of time a realtor may think is viable, then we lose, at least cause severe erosion, to the industrial zone. That does two things. Number 1, talking about the economy, that in itself could hurt the economy. But more importantly, the current users in the industrial zone, the heavy industrial users that are there, I believe went into the industrial zone with the belief that they would be surrounded by like zones. There is a reason for a truck driver to be wanting to be driving amongst other trucks. There are reasons why delivery trucks don't want to be bothered by, if I can coin a term, mom and pop and the children coming back and forth on a daily basis to not only a church but to other public service organizations as well. It's been suggested that this office space use is just a continuation of an existing or previously existing use. What was your assessment of that argument? The office use that was there was clearly an accessory to the manufacturing use that was there. That was office space for Quaker Oats. It was FILIUS & McLUCAS REPORI~ING SERVICE, INC. Harrisbur,,~ 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 office space to run the company and to run the manufacturing. If in fact I had thought that that office use could then be utilized by anybody needing an office space, I would have to have a similar thought that on the second floor, I guess it is, the cafeteria could be rented out by a restaurant or the locker room and the gymnasium that was there for Quaker Oats employees could be rented out by a fitness club. That type thinking I think would be permitted if not encouraged by suggesting that a church could go into this site or an independent office user could take over the office space previously occupied by the owner of the manufacturing facility. In the application to the zoning hearing board, it's also suggested that if the applicant is not allowed to make this use of the property, it is tantamount to the taking of its property rights. What is your assessment of that argument? Well, I've got a couple thoughts. I've only been here 10 years, going on 11 I guess. But there's one prime example, which I don't know that the township can necessarily be proud of but certainly FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 the real estate people and the manufacturing people of this area can be proud of; and that's Purina Mills. I'm sorry. Ralston Purina on Brandy Lane. That was a dog food manufacturing plant. For many years it sat idle then, for a very long time, certainly more than nine months. Today you go out there, and it is a thriving business. As a matter of fact, they are coming in, as I understand, for an expansion just to prove how thriving this was. So to suggest that an industrial site should sit idling for 6, 9, 10, 12 months is the depravation of the site, I think empirical evidence has shown the opposite. But in addition to that, the industrial zone itself when you look at 1503 and the permitted uses in there, there are many uses that would be permitted for that building. One of the uses that we have a hard time shoehorning into some of our zones are the uses that are similar to a jobber, a construction company that has a lot of what I call yellow gear, bulldozers, things of that nature. But they also have an office use to run that construction company. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Oo Qo ae 66 Since the primary use is construction, well, it's difficult to put it in commercial-general zone. But it can easily fit in the IG zone. That is not a user that would take up the entire site. You could put 10, 15 jobbers in there along with the associated office space. So while I am not a realtor and I don't pretend to be or a lessor of any sort, it seems to me that the zoning ordinance would allow the use of this land with just a little bit more time, maybe more imagination. Where are the permitted uses in the zoning ordinance for the IG zone? They are on page 27-99, and they go through most of 27-102. So there's about 3 1/2 pages of it. The applicant submitted certain letters from adjoining property owners. Did that have any bearing on your assessment of the application? It had no bearing, although I will admit honestly that when the July 29th letter was in its conceptual form during our July 23rd meeting, not only was the restrictions to be placed on the uses, I'd like to see those, I also said that the neighbors may have an impact on particularly what a zoning hearing board would say because I have FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 seen the zoning hearing board ask for testimony from neighbors before. I must admit in the final outcome though, and my thinking, True Temper and Purina Mills did not have an effect on my judgment. MR. GRELL: That's all the questions I have. CHAIRMAN HOLLAND: members? BY MR. FLINT: Questions by board EXAMINATION Oo no Mr. Bradley, you had talked about the flex provision that was added to the ordinance? Yes, sir. The intent was that space would be used by a single user, not by multiple tenants. Did I hear that correctly? I don't know whether the subject got into the number of tenants. But certainly the office use would be directly associated with the industrial use. The ownership of one or the other, the building is supposed to be under the same ownership as I recall. That is specific in the ordinance? Maybe the intent didn't make its way into the ordinance. I'm trying to reconcile that with what the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 ordinance actually says. I'm not finding any restrictions on the ownership of the businesses. I understand your point. I can just underline the fact that the purpose of it was to allow a user to flex back and forth. That was the genesis of the flex space office building amendment. CHAIRMAN HOLLAND: Mr. Bradley and Mr. Flint, maybe I can partially answer your question. Under the definitions in the zoning ordinance, it states, Flex space building, building under single ownership designed and marketed as suitable for industrial warehouse and ancillary uses but with space available that is able to accommodate offices. I don't know if that answers your question or not. It seems somewhat on point. MR. FLINT: The question I had is whether those other uses need to be. CHAIRMAN HOLLAND: The same business as the ownership? MR. FLINT: Yes. MR. BRADLEY: And just to further the discussion, for whatever it's worth, my opinion or my judgment would be that since the word ancillary is there, an IBM office would not be ancillary to warehousing shoes. The office space of a church FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. Q. Qo 69 would not be ancillary to Arnold's warehousing. Nor would -- and I guess this is an argument slightly off point because we've got two appeals here. But nor would a church be an accessory or ancillary use to any office space, whether it was the office space of the church's corporation or not because it would be the same as saying that Quaker Oats then when they were occupying that site could have started a retail business of selling their cereal and called that an ancillary use. In my belief and interpretation, the zoning ordinance would not permit that. CHAIRMAN HOLLAND: Do you have any questions for Mr. Bradley, Mr. Schiffman? CROSS-EXAMINATION SCHIFFMAN: Mr. Bradley, the ordinance provides for the definition that was just read, flex building. It says a building under single ownership. We have that in this case, don't we? The limited partnership owns the building? You say you do. I have no knowledge who owns the building. The building is owned by one company. Take that for true. Assume that's true. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no no 7O And your question then? And my question goes on. It says, and the building is designed and marketed. What does it mean when the ordinance says marketed? Well, being a marketing major myself, I suppose marketing has many, many facets. But certainly a sign out front which markets it as office, I mean, that's an indication to me that it's also being marketed as office. Marketed means that you're going to lease it out, is that correct? That's the ordinary use of that term, is that correct? Or sell it. Marketed, sold, leased. It doesn't limit it in the ordinance, does it? I believe the ordinance just says marketed. So under your ordinance, you use the ordinary common definition of the word marketed. So either we sell or lease it? I think Pennsylvania state law says without definition we go back to the normal definition. So it could be leased, is that correct? I believe it could be leased. Suitable for industrial warehouse and ancillary uses, is that correct? I'm reading you the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no ae 71 definition. Is that a correct reading of the definition? Give me a second. Page 27-18. How did you read it, sir? I read it word for word. Then that's correct. And it says industrial warehouses and ancillary uses. And there are in, if I'm not correct -- I'm asking you if I'm incorrect. There are in the Section 1503 which is the permitted use section, there is industrial warehouse in there and ancillary uses, isn't that correct? Those are permitted used? An ancillary use is permitted under any zone. In that, down under permitted uses, Section Y specifically says ancillary uses? Certainly. And warehouses is specifically permitted? Yes. Then it goes on to say, But with space available that is able to accommodate offices. Is that normally in the industrial zone? Office space is normally in the industrial zone. When associated with an industrial use, we FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Qo no 72 consider that accessory or ancillary use, yes. Okay. Do you have the ordinance there? Yes, sir. Paragraph X, where is that located in the ordinance? Where are you? Subparagraph X of 1503, page 27-102. Paragraph X, flex space building provides the office use shall be limited to no more than 85 percent of the total gross floor area of the building. X is a permitted use, is that correct? Yes, sir. Where does it say in X that the flex space office use has to be ancillary to one of the other permitted uses within 15037 I believe that's covered in the definition of flex space building. And did you make that clear to the commissioners at the time this ordinance was adopted? Did I make the definition clear? Yes, sir. Did you make clear that it couldn't be leased to other than the owner of the building? No. As a matter of fact, I think one of the commissioners asked the question, could it be FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Oo Qo no 73 leased. And Mr. Abrams responded and said, Yes, it could? Certainly. I think your entire building could be leased. Let me read it to you again and ask if you were there when you heard this. It says, Mr. Stathas: Can any of the space be leased to someone else? Mr. Abrams: The flex, our concept is this is a single ownership building. Mr. Stathas: I know that. Mr. Abrams: The ordinance itself does not prevent leasing, so it is possible, Commissioners, that some part of the building could be leased. Do you remember that? I don't recall, but I read it tonight. And then in fact on the next page, Page 5, you went on to opine as to how you were going to calculate parking if that occurred, is that correct? Yes, which is now part of the ordinance, by the way. Yes. night, Now, the ordinance that was proposed that it passed unchanged, didn't it, after that testimony? Yes, sir. So the commissioners knew that night and FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-~418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ne Qo ao Oo 74 questioned whether it could be leased. The answer was yes; and they passed the ordinance that way, is that correct? And you made no objection? I made no objection. Our interpretation of what may have happened is different; but I made no objection, that's correct. So when you say that you've determined in your examination of this, and I think your testimony was that you looked at it and it required that it had to be accessory to any office that's a permitted use under that, that you didn't view X, the flex office space, as an independent permitted use itself, is that correct? No. I understand that X is a permitted use in itself. I interpret the definition of flex space building obviously different than you. So you've incorporated other uses into that permitted use that is not specifically stated in that ordinance? No, sir, I haven't done that. I have interpreted flex space definition in a way that says that the office use must be associated and/or ancillary to the industrial use in that building. And you're saying that's in the definition section? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao 75 Yes, sir. That's how I interpret the definition. One other question for you, Mr. Bradley; and then I think we're done. If that's true, if the flex office space has to be accessory to something else, why do you need accessory spaces as permitted uses in your ordinance? It's already there. Why did you have to change it? Because of the parking problem that was associated with allowing an office space to take over all but say 1 percent of a warehouse building or industrial use building. We didn't permit that. We figured accessory uses prior to the ordinance change and prior to me coming here, an accessory use could go up to 49 percent of the building; and the staff chose that lacking any other guidance. This particular user wanted to go beyond that, so therefore it wouldn't be auxiliary or ancillary anymore. It would be the principal use, making the industrial use subservient to a principal use of office space, therefore not allowed in the industrial zone. That was the problem that the applicant wanted to solve, and our solution was to pass his suggestion. Why didn't you just change the accessory use section of the ordinance and the parking? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ao Qo ao 76 This was not our initiative. This is the way they wanted it changed. And the final item, the commissioners recognized at the time they passed it that it was possible to lease part of this space out? That was the question and answer at the time of the passage? Yes. That was the question and answer at the time, that's correct. What they realized, you'd have to ask them. MR. SCHIFFMAN: questions. Thank you. CHAIRMAN HOLLAND: Mr. Bradley? (No response.) CHAIRMAN HOLLAND: five-minute recess? I don't have any other Any further questions of Okay. Can we take a Someone make a motion? MR. BALDWIN: I move we make take a five-minute recess. CHAIRMAN HOLLAND: I second it. (Recess taken from 9:05 p.m. to 9:10 p.m.) CHAIRMAN HOLLAND: Meeting is reconvened. Mr. Grell, do you have further witnesses? MR. GRELL: No, sir. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 Mr. Schiffman, do you want CHAIRMAN HOLLAND: to make a closing? MR. SCHIFFMAN: Yes, very briefly. I think at this point, you've heard our argument. I'd like to reiterate what one of the board members so eloquently said, that if the township wanted within their ordinance the limitation that Mr. Bradley has grafted into the ordinance, they should have put it in there because it's not in the ordinance. In fact, at the time that the ordinance was passed, as we quoted, it was specifically asked whether or not this property could be leased or leased in this space, in this zone. And the answer was yes. Mr. Bradley was present there. He went on to testify. You can read that all for the board's sake. He went on to testify how we were going to recalculate every six months or a year for the parking space for it. There is no provision in the ordinance that provides that this flex office space has to be ancillary to another permitted use within that ordinance. There's no reason for it. Unless it specifically said that you may only limit it to one user, then perhaps it might say that. But it FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 78 doesn't say that, as everybody can recognize. With regard to the church itself, the church has agreed to limit their space use other than their corporate space to a minimal amount of time for church activities, church services. But office space is office space. There's no definition in the ordinance. The ordinance does not say -- like it says for professional office space, there is no other definition for office space. It can be any sort of office space. Once again, if the township wanted office space to be only office ancillary to the industrial zone, it should have said that. With regard to the preamble, the preamble that Mr. Bradley cited was written prior to 1998, prior to the amendment to the flex space zoning. Whether that carries anything, I don't think I agree with Mr. Bradley that that's of any force with interpreting the ordinance. Finally, the municipality planning code provides that the zoning hearing board is to interpret this ordinance in a liberal fashion for the benefit of the land user under 603.1; and thus if there's any doubt, any question as to which way it goes, it has to go in the landowner's favor. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 Other than that, no other comments. MR. SAIDIS: Mr. Schiffman, I just have a couple questions to get clear in my mind. I think they maybe have to do with your argument. Presume for a second that the zoning hearing board determines that this is a church with office space as accessory use. MR. SCHIFFMAN: If you determine that the church itself is the primary use, the worship, although the pastor is going to say that that's his office -- MR. SAIDIS: But presume that. MR. SCHIFFMAN: If you determine that the church is the primary use for worship services of that sort, then I think you might be in the right where you can say it's not office as a primary use. MR. SAIDIS: If that's the case, and if you just bear with me, our ordinance does not make a church a permitted use in this zoning district, then we're never going to have to get to the second issue. MR. SCHIFFMAN: No. You have to get to the second issue because of the way Mr. Bradley wrote his decision. Mr. Bradley wrote his decision in FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8O addition which is a second decision. that. MR. SAIDIS: MR. SCHIFFMAN: But we don't have to address Yes, you do. MR. SAIDIS: Listen to me. If the zoning hearing board determines it's a church and as such accessory use is office space and it's not permitted in an IG zone and they decide on that basis, they never have to face, and if they do, if you'd explain it to me, the second issue. If you uphold Mr. Bradley on one, we don't have to face the second. MR. SCHIFFMAN: No, because Mr. Bradley in his decision has said, In addition, any office use. Then it goes on giving you, in his ruling to us, his interpretation of what we can do at any time in this building. MR. SAIDIS: But that's dicta if we decide it's a church. MR. SCHIFFMAN: I would love to say it's dicta. MR. SAIDIS: But isn't one of your problems you don't want to be stuck with Number 2? MR. SCHIFFMAN: Absolutely. And the problem is and for -- I hate you use judicial economy. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 We're going to be back here next month when I've got a tenant who now -- let's say the church doesn't fly and I've got someone who wants 4,000 office space for a credit union, just administrative offices for a credit union, processing checks. MR. SAIDIS: We all know that we have to deal with what you presented here today, and the board can't pass a decision on anything else. MR. SCHIFFMAN: But the point is that this decision can be viewed as a final decision. If it's not dealt with, we're stuck with it in the future. I think there's two decisions need to be dealt with. MR. SAIDIS: Thank you. MR. SCHIFFMAN: Thank you. CHAIRMAN HOLLAND: Mr. Grell? MR. GRELL: Very briefly. I think you understand the position of the township. I'm very surprised and concerned about how very limited this record is with respect to credible evidence on what this use is going to be. We've heard from no one with any position with the church. All I've heard is that they're going to use a large room for a sanctuary; they're going to have other FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 church related activities, counseling and such in other space within this; they have 800 members and 10 to 15 employees; they're going to have regular services. It certainly looks and sounds like a church to me. As your solicitor correctly points out, if you determine that the predominant use here is a church, it's clearly not permitted in this zone. As to the definition of flex space, you've heard the zoning officer's interpretation of that. I would urge you not to get hung up on the transcript. The question was, Could some of this space be leased? Certainly some of this space could be leased. Some of this space is currently being leased. It's being leased to Arnold Logistics; but it's being leased to somebody who's using it for a permitted use. They're using it as a combination of warehouse, and you heard testimony that Arnold has some office there. That's flex space, and there is a portion of this building that's being leased for flex space. But this church is not flex space by any definition. As to the final issue on Item 2 of Mr. Bradley's decision, I think if you simply regard that in your opinion as dicta and that you're FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 making no finding on that, then if in fact you determine this is a church, you don't have to address the second issue. Thank you. CHAIRMAN HOLLAND: Clarification for us non-legal types. What is dicta? MR. SAIDIS: Just a throw-in. Mr. Bradley threw that in, and it doesn't have any bearing. It's accessory to the real decision, wouldn't be controlling in future cases. CHAIRMAN HOLLAND: Thank you. MR. SCHIFFMAN: Just one other item. I would say that it would be dicta except if you read that, it says now or in the future, anything in the future. That is not dicta. That's a final ruling that says, Don't come back with another one of these, I've ruled. At that point, we have to decide it now or the Court of Common Pleas will have to decide that. That is a decision by the zoning officer. That is a final decision unless otherwise appealed. Thank you. MR. KANE: May I ask a question of the solicitor? CHAIRMAN HOLLAND: Sure. By all means. MR. KANE: There seems to be a disagreement here about whether this is dicta and therefore FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 doesn't have any bearing on the outcome. The general rule in a court proceeding would be if there's any basis to uphold a decision, then it doesn't matter if there are cited reasons. As long as there's one particular reason to uphold it, then you can uphold it and the rest of it becomes immaterial. But I hear the argument being made that this is a final order so that if this is upheld, that second, the additional reason that the application was rejected also becomes binding. Is that the case? MR. SAIDI$: My opinion is different from counsel for the applicant. My opinion was if you rule on the first issue and make the decision, you never have to face the second issue. MR. KANE: And that would be the way a court would proceed? MR. SAIDIS: Right. Mr. Schiffman is saying because of the way this is worded, he considers that a ruling. And if you chose to determine this is a church and never faced the second issue, then they would have to make their decision whether to appeal it to the Court of Common Pleas. MR. KANE: Thank you. MR. SAIDIS: We're going to close the record? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 CHAIRMAN HOLLAND: Yes. MR. SAIDIS: I think we have everything admitted. You agreed to all the exhibits? MR. GRELL: Yes. CHAIRMAN HOLLAND: Any objection to anything? (No response.) MR. SAIDIS: And you're going to deliberate then at this point? CHAIRMAN HOLLAND: Unless you have a recommendation. MR. SAIDIS: No. I was trying to make sure I knew where we were. (The proceeding concluded at 9:30 p.m.) FILIUS & McLUCAS REPORTING SERVICE, 1NC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct transcript of the same. Dated at Wormleysburg, Pennsylvania, this 18th day of October 2002. Notarial Seal Patricia M. Brown, Notary Public Wormleysburg Boro, Cumberland County My Commission Expires May 21, 2005 Patricia ~...Bro~n ~ Reporter - Not ry~_.~blic (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.) FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 LAWYER'S NOTES APPLICATION FOR A CERTIFICATE OF USE :'-,1':u'n p& n Township 2';0 Sou~ Spaning Hill R~ad Mcchanicsbu~_, ?A C7 t7) 76143119; FA.'( 761-~67 US~,m-_5S I',fAAd:E: ORV O/~6,ql',. ¢,~/:t PHONE FAX~ OWl'q.%~.~ BUSL-"4ESS LOC~TiON (Addr~.~): z/~',5 ST. JOHN'S CH(,'RC..~ ;~D. S,;f/RF_mu:~grn~,'N 3PLZC_~'NT: 7"~/Pl-~ C~oo3t4 ~OR~l~,~T/e2tq ~OP~ 0~ ~D~SS ~.35 / ~y~ AVENUE ,~ ~s Location, ~ais Is a 7'//-/Zoo 77lo//..~o [] New Use; [] New Bus,ess (same use); ~ Cont~auation ofPravio ,~ Use; [] Conversion From Residential Use To Commerc~ai 'Use ~R.O?OSED USE CDescfibe the nam.re of the Buskness a~ specifically as pos~fole): ['3-1VRCJ.I ~ORPo~ Site Pla~/Skeech an~lo.or ~ke~ch 3fUST be submitze~ ~itlz application. Complete the follo~i.~g: :onLT. z Die.c: I~ Totz[ Ac:ezzs 2 Z D ?~'c:~ No./0-Z2-052~41o Loc Size Bldg~ke ' ' ' ?ar.~m= Sg..c.s Dee~c.~.~ To Tais Use PK File No. Apgroved on PL~LIC WAlK ~ ~S ~ NO P~LICSE~K ~S ~NO An e~fi mate of water usage ~ be m3de. %et revere ~idc of farm. SEE ~E S~E OF F0~M FOR ~D~0~ ~0~0~ ~Q~ ZONTNG OFFZCE~'CODE ENFORCI:.ML~'T OFFICER REMARKS Minor Change of Use N£~i...,-uu.,m. R. equirement for Ce.~cate of Usc * Sketch Sit: * Bulldog Floor PI~ Labor & ~d~ Approval, O~er ~fo~afion deemed nec~ by Major Ch~ge of Use Submi~ion to PI~ Review Bo~d (see a~ched applica~on) E~ated Gallons ~er Day: Cu~ent ~g~e, ~b Pe~it E~s~g E. D.U.'s-' Addifion~ ~ D. U.'s ~ pe~it (if applicable) Tow~xhip Official Date 00000 PPd~T 15 I-G INDUSTRL~L-G ENEK.~d- PUI~OSE. The I-G, IndUSU~ml-General Distric is de$ig'ned to provide for the more intense types of rnanuiac- uuSng and in ' ,cusu4~ uses. Re=mzlarSons to minimize their incompatibilky ~Sth the other clbuiccs of~e To~,m_skip are the miniznum required for the mutual protection of the dis~zicts in question. In promoUng these aad the general purposes of this Chapter, r. he spec[tic intent of th.b Part is: A. To encourage the consmzcfion of and continued use of the land for indusu'bl purposes. To prohibk any, use which would substan~i=l ,ly iutedere frith. :.he development, contin, mrion or exp~,cion of indm?ial uses t,x the db- u'ict. Co To establish reasov=hte stand=rds for buildings and other m.~-ures, the area~ and ;dim~6ons of yards and or. bm' open ~Taces and the provision of f=eillties and ope~ ~on of Lzdusuies m minimize air polludorz, noise, ~are, heat, vibration and fir= s~ery ~ D. To separ~oze by buffer su'ips, from adjacent residential or comtT..erdaJ, diszlC, cts. (Ord. 84-2, 3/29/1984, ~1502. PROCEDURAL R_EQUIB FMENTS. Ail applications for pen'nks, purs~m-~ to thi.~ Parr, sh=ll be submitted to the Zoning O~cer ~o shzil have the option of submitting such appliC:~riOns rO the P!annb4 Ccmmission or to the Township Bcard of Cormmissioners for recommend:nqons prior ~o is~i,~ a permit. AL1 appllCanons shall be re~,Sewed by the ?tan Review Board prior to the issuance of an?' permit. (Ord. 84-2.3/29/1984, ~140t; as amended by Ord. $54, 4/2/t985) ~1503. PEICMITTED USES. When not otherwise prohibked by law, a building may, be erected or used and a lot may be used or occupied for mm' of the following uses and no other. Such uses axd buildings shall be comp~x, ible ~'i'du ~e adjoinirg existing land uses md buildings and shall comp .b,'wkl:~ rke provisions of Part 17 of this Chapter. A. PubLic utilities and f~ritHes. B. Telecommunication rowers. 27-99 ZON~N'G : (26) Paper. (27) Pha~,xceudcal and food pro&cs axcept ~sh and me~ produ~s, ~eg~, y~ md ~e rm&~g or :~g of o~ md f~s. (28) PI~. (29) Po~ md ~es or o~ cer~c process ~ o~' d~ md kilpz ~ed by ele~' or ~. (3C) Precio~ or se~predous m~ or ~one. (31) R~b~ pro&~s. (32) (33) (34)T es. (35)T2e. (36)Tob~co. (3U T~k~ ~d o~~o~on e~pmenc (38) (39) Y~ W. Se~-~ ~o~e fa~]~. [~& 98-2] Fi~ Sp~e B~, prodded ~ ~e o~ce ~ sh~ be ~d to no more r~ five ~cmz (85%) of ~e totfl go~ fl~r ~ea of &e b~. ~& 98-16, ~lb, ~2/t/98) Y. Acce~o~ ~ on &e s~e lot ~ ~d ~o~ ~d&n~ to my of ~e ~ove pe~ed ~. (~& 84-2, 3/29/1984, ~1~2; ~ ~ended by ~& 854, 4/2/1985; bye& 92-5, 2/4/1992, ~ !2(A); by ~& 96-2, 8/1/1996, ~14; md bye& 98-2, 1/5/1998, $1504. CO~I~O~ USES. ~e fo~o~ confido~ ~es ~d no o~s ~ be ~owed ~e Bo~d of ~onezs reco~enA~dons by &e Plug ~fion pm~mz to fl~e ~ress gene~ ~&& md ~tefia set fo~ h P~ 19 of~ Ch~ md ~e ~e~c ~m~& md ~te~ ~ fo~ ~ P~ lS, ~1803: 27-102 ORDINANCE NO. 98-16-- AN ORDINANCE OF THE TOWNSHIP OF HAMPDEN, CUMBEI~LAND COUNTY, PENNSYLVANIA, AMENDING SECTION 203, PART 2, SECTION 1503, PART 15 AND SECTION 2002, PART 20 OF CHAPTER 27 OF THE CODE OF ORDINANCES, TOWNSHIP OF HAMPDEN ENACTED ON AUGUST 27, 1998, AND AS SUBSEQUENTLY AMENDED (CHAPTER 27 BEING THE "HAMPDEN TOWNSHIP ZONING ORDINANCE:") TO PROVIDE FOR FLEX SPACE BUILDINGS AS PERMITTED USES IN THE I-G, INDUSTRIAL GENERAL ZONING DISTRICT AND RELATED VEHICLE PARKING REQUIREMENTS. BE IT HEREBY ENACTED AND ORDAINED and it is hereby enacted and ordained by the Board of Township Commissioners in and for the Township of Hampden, Cumberland County, Pennsylvania, as fcllows: SECTION 1: Chapter 27 of the Code of Ordinances, Township of Hampden, enacted on August 27, 1998, and as subsequently amended, being the Hampden Township Zoning C~rdinance as codified, is hereby amended as follows by: a. Section 203 of Part 2 is hereby amended by adding the following definition of "Flex Space Building": FLEX SPACE BUILDING - a building under single ownership, designed and marketed as suitable for industrial warehouse and ancillary uses, but with space available that is able to accommodate offices. b. Section 1503 of Part 15 is hereby amended by adding the following new subsection "X" and relettering existing subsection "X" to "Y". APPLICATION TO Tile ZONING HEARiNG BOARD OF H.~MPDEN TOWNSHIP L/ND=__~ ~riE PROX~ZION$ OF T~E ~_A3~PDEN TOq~N'~HIP ZON-_NG ORDSNANCE ORDL~ANCE NO. ~2, made by ~e N~pd~ Tow=Np Z~n;n~ O~c=. · .. The name of the applicant Th: arm= of the owner oE the re~ '-. The real estate in question b pr~e:~tly da=ir2ed in ~ed for ~e purpose of No.(s): /O-22- 0627-0/0 Zoo;n§ Di~',.,-5.'ct0), and ~ pr~endy bela§ 5. The Appiic~e =a/~-~ ~%;~ r~ue~ udder N?-pde.-. Towru~.ip Zon~ O~=c= Section: ~ 22015 ~ecision of Zo~g O~2c=-) ~ ~0ID ~=~=) ~ ~01F (S~e~ ~c~don) L Se: foci tb.: reii~ re==~ted ~i:h r~o=able ~t~ o~ .... ' ' ' ' ~e ~u~m~ md p~oo~ ~rcvem~= mc ~mg ~c pr=posed ':gist:red surv=yor or r~istered prc£essional engi=:er, Ndicating the locatio;~ and size of '~: real estate, the loc. at/on and size of · - ~-x:s~mg tmprove.'neat~, a=d toe locauoa md dlm~n~iom of pro==seal im:r~vemeau; =irting ~_'~d :rooos~ y~rd s_-rback~ muzt' · <pphcaa: s Signa:ur~ .~. ?-=olutio= N'o. 92-30 3:~ZLH2i.FP~M 5351 Jaycee Avenue Harrisburg, PA 17112 www. triplecrowncorp.com TRIPLE CROWN CORPORATION Property Management Division (717) 657-5729 FAX (717) 657-8125 email:triplecrowncoq3.com August 8, 2002 APPLICATION TO THE ZONING HEARING BOARD OF HAMPDEN TOWNSHIP EXIHIBITA 3. Description of location of real estate: The complex is located at 485 St. John's Church Road, Hampden Township, Shiremanstown, Cumberland County. 4. Existing Improvements on the land: The entire complex consists of a series of buildings totaling 712,500 +/- square feet of office, warehouse and manufacturing space. The improvements are located on 27.3 acres with 375 employee parking spaces. The office space is located in an existing three (3) story office building of 45,000 +/-square feet. o The building in question was constructed as an office building and has been used as office space for 20+/- years and currently is still set up as an office building. No structural or cosmetic changes need to be made. We propose to replace one office user with another. Only a few interior, non-load beadng walls will be moved. No cosmetic changes to the building will be made. In addition, the Church will have use of the adjoining warehouse space. No changes will be made in this area. The building was and is being used for its intended design. The proposed use falls under two categories under Section 1503 "Permitted Uses", (A). Public facilities and (X). Flex building. If the interpretation of the Zoning Officer is deemed correct; it would eliminate any use of the office space other than by a user of the balance of the complex. This is tantamount to a taking/deprivation of all property dghts as it relates to the office building. Additionally the building constitutes a pre existing non-conforming use and will continue to be so and should be allowed to be leased as a stand alone office/flex use. Hampden Township August 2, 2002 Mark X. DlSanto, Chief Executive Officer Triple Crown Corporation 5351 Jaycee Avenue Ha~sburg, PA 17112 Dear Mr. DiSanto: I have reviewed in depth your correspondence dated July 29, 2002 in which you have requested a Certificate of Use for Daybreak Church at the former Quaker Oats Company. After consultation with and concurrence by both the Board of Cmranissioners and tl~e Township Solicitor, I regret to inform you that I must deny your Certificate of Use application. A church is not a penrdtted use in an industrial zone and cannot be considered an accessory use to any use that is currently permitted or active at the Quaker Oats site. In addition, any office use that is pennitted now or in the future would have to be an accessmT' office use, accessory, to a permitted industrial use at the site. [ apologize for not being able to be more accommodating but I believe our 7_~ning Ordin,~nce is very clear and precise in its guidance on this subject. If you have any additional questions or comments, never hesitate to contact me. Y, JR. ~ C.' Board of Conmaissioners Glcn R. Grell, Township Solicitor ~(1 S. SI~r'.ing Hill Re,ad Mcchanic.~hu~g. PA 17050-3¢~D' [-:-b, tail ham!xtcn~lwp, hampdcn ~a.us Web.hire http:/Itwp.hampden.pa.us FAX (717) 761-7267 ~D (717) 214-1162 AOm,mstration (717} 761~119 amhulaltce (717) 7bl-5~.1 gohca (7171 761.2~ Rc~otion {7171 761-4951 HAMPDEN TOWNSHIP BOAKD OF COMMISSIONERS Regular Meeting Minutes 7:30 p.m. December 1, 1998 0^ "' 597 ~r by Vice President Rendler. Vice President Rendler called the Regular Meeting to order at 7:42 p.m. Proof of publication was available for public inspection. Present were Vice President Rendler, Commissioners Stathas, Funk, and McCallin, Solicitor Snelbaker, Manager Bradley, Assistant Manager Fazekas, Engineer Spease, and Recording Secretary Browne. President Finkelstein was absent. Vice President Rendler apologized to the audience for starting the meeting late and explained that the Board had been in an Executive Session which had lasted longer titan anticipated. Public Hearing Vice President Kendler stated the purpose of the public hearing was to consider certain amendments to the Hampden Township Zoning Ordinance (Chapter 27 of the Code of Ordinances, Township of Hampden) adding the definition of "Flex Space Building" in Section 203; adding flex space buildings as a permitted use in. the Industrial-General zoning district in Section 1503; and establishing special standards and criteria for vehicle parking with regard to flex space buildings in Section 2002. (Tp,_~NSCKIPT ATTACHED) MOTION by Corem Stathas to adopt Ordinance No. 98-16, an ordinance of the Township of Hampden, Cumberland County, Pennsylvania, amending Section 203, Part 2, Section 1503, part 15 and Section 2002, Part 20 of Chapter 27 of The Code of Ordinances, Township of Hampden enacted on August 27, 1998, and as subsequently amended (Chapter 27 being the "Hampden Township Zoning Ordinance") to provide for flex space buildings as permitted uses in the Industrial- General zoning district and related vehicle parking requirements. Motion seconded by Corem Funk. , Meeting Minutes December 1, 1998 uestion on the Motion facility changed from warehouse to office, Corem McCallin asked, if a new employees be considered permanent or temporary employees within the Mr. Brown said the intent would be for them to be permanent Vice President Rendler asked for a vote on the motion. Motion carried unanimously- President Kendler closed the public hearing at 7:55 p.m. was no audience participation. Manager Bradley reminded the Board that the Planning Commission had ~rnmended approval of the Final Subdivision Plan for Fairwinds, Phase 3, with but that the Board had tabled the plan at its last meeting due to an issue , i: m, anagement of storm water in the internal swales.. He said the .owners association documents had been provided to the Solicitor for his Solicitor Snelbaker reported that lxe had provided to the Township Engineer ~tation that amended the existing Declaration of Covenants and Restrictions, the specific obligation for maintenance of drainage easements on the owners of ,erty through which it passed, provided a method for the homeowners' · nforcer, and failing that, allowed the Township to take i to become th.e e ' _ ..... ~ = ' to that extent, approval of and "buck back" the cost onto [he owne~= ..... atd, if the Board so desired, should include the condition that the Supplemental on of Covenants be recorded and that the owner place on each deed coming subdivision the statement that had been provided with the documentation. by Comm Funk to remove from the table the Final Subdivision Plan for Fairwinds, Phase 3. Motion seconded by Corem Stathas. Motion carried 4 - 0. -2- Minutes December 1, 1998 of Melham Associates, P.C. and Michael Green, the developer were present to speak on behalf of the submission. Funk asked Messrs. Melham and Green if they wished to comment on recommendation. Mr. Melham said the documentation flicitor Snelbaker had been prepared by Mr. Green's attorneys and was him. .: by Comm Funk to approve the Final Subdivision Plan for Fairwinds - Phase 3, property located in the area of Good Hope Road to the east, Jerusalem Road to the west, and Silvercreek Road to the south, Mechanicsburg, 49 lots, 22.329 acres, zoned R-T, owned by Victoria · Glen Associates, submitted by Melham Associates:. P.C. Planning Commission File No. 98-09-01 with a time limit deadline of December 9, 1998. Approval contingent upon (1) review/approval by (a) Cumberland County Planning Commission, 0o) Cumberland County Soil Conservation District, (c) PA Department of Environmental Protection, and (d) Iiampden Township Sewer Authority; (2) the First Supplemental Declaration of Covenants and ~ Restrictions being recorded at the same time as the plan, and a note being added to the plan stating that all deeds will contain certain language to be provided by the Township Engineer; (3) submission of pies and one mylar of the corrected plan, 18" x 24," signed, notarized, and showing lots/parcels with sweet addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (4) bonding and submission of an executed Developer's Agreement; and (5) Township Engineer approval. Motion seconded by Comm Stathas. Motion carried 3 - 1. McCallin voted against the motion. Plan for Grandon Farms- Lot Nos. 9 throug_h.~2 af H. Edward Black and Associates, P.C. was present to speak submission. Mr. Schifflet said the conditions of approval, ; the Planning Commission, would be addressed. Comm Funk to approve the Final Subdivision Plan for Grandon Lot Nos. 9 through 12, property located at Oakmont Green, rg, four lots, 2.802 acres, zoned R-T, owned by James and Jean Grandon, submitted by It. Edward Black & Associates, P.C. g Commission File No. 98-10-05 with a time limit deadline of 6, 1999. Approval contingent upon (1) review/approval by -3- Reg~alar Meeting Minutes December 1, 1998 (a) Cumberland County Planning Commission, (b) Cumberland County Soil Conservation District, (c) PA Department of Environmental Protection, (d) PA Department of Transportation, and (e) Hampden Township Sewer Authority; (2) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (3) bonding and submission of an executed Developer's Agreement; and (4) Township Engineer approval. Motion seconded by Comm Stathas. Motion carried unanimously. Preliminary/Final Land Development Plan for DDG Properties. Inc. (Cumberland Technology Park- Lot No. 3) Brian Schifflet of H. Edward Black and Associates, P.C.~ was present to speak on behalf of the submission. Mr. Schifflet said the conditions of approval, recommended by the Planning Commission, administrative in nature, would be addressed. He said a storm water agreement, being drafted by the developer's attorneys, would be submitted upon its execution. Vice President Rendler stated that Edward Messner of the West Shore Chamber of Commerce had expressed concern that the technology park was in two different zip codes. Vice President Rendler suggested that the owner of the property should send a letter to the Township and/or the post office. Mr. Schifflet said he believed the matter had already been brought to the attention of the developer and he deferred to H. Edward Black, present in the audience. Mr. Black said it was his understanding that the Mechanicsburg Post Office had agreed to take the entire park into its service area and it was just a matter of working through the mechanics. Solicitor Snelbaker asked Engineer Spease if submission of the storm water easement, referred to by Mr. Schifflet, should be made a condition of approval, and Engineer Spease said it should. Manager Bradley said there was also a question of what the technology park was being called. He said all land development plans showed the name as Cumberland Technology Park but that it was being marketed as Hampden Corporate Center. Mr. Black stated that the realtors had taken it upon themselves to put a different name on the sign but that design of the park was being done under the name Cumberland Technology Park. -4- 0 O ,:V6 1 Regular Meeting Minutes December 1, 1998 MOTION by Comm Funk to approve the Preliminary/Final Land Development Plan for DDG Properties, Inc. (Cumberland Technology Park - Lot No. 3), property located at west side of Valley Road, Enola, one lot, 3.12 acres, zoned O-P, owned by DDG Properties, Inc., submitted by II. Edward Black & Associates, P.C. Planning Commission File No. 98-11-01 with a time limit deadline of February 10, 1999. Approval contingent upon (1) review/approval by (a) Cumberland County Planning Commission, (b) Cumberland County Soil Conservation District, (c) PA Department of Environmental Protection, (d) Hampden Township Sewer Authority, and (e) U.S. Postal Service; (2) Phase 2B subdivision plan being recorded; (3) approval by the Township Solicitor of an executed storm water easement agreement for Lot No. 1; (4) submission o£ five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (5) bonding and submission of an executed Developer's Agreement; and (6) Township Engineer approval. Motion seconded by Comm Stathas. Motion carried unanimously. Preliminary/Final Subdivision and Revised Land Development Plan for Herre Bros., Tom Pillion of Hartman and Associates, Inc. was present to speak on behalf of the submission. Mr. Pillion said the owner took no exception to the conditions of approval recommended by the Planning Commission. He said he and Engineer Spease had spoken that day concerning revising the storm water piping and that it would be addressed to Engineer Spease's satisfaction. MOTION by Corem Funk to approve the Preliminary/Final Subdivision and Revised Land Development Plan for Herre Bros., Inc., property located at south side of Valley Road, Enola, two lots, 4.45 acres, zoned C-P-L, owned by Herre Bros., Inc., submitted by Hartman & Associates, Inc. Planning Commission File No. 98-11-02 with a time limit deadline of February 10, 1999. Approval corttingent upon (1) review/approval by (a) Cumberland County Planning Commission, (b) Cumberland County Soil Conservation District, (c) Hampden Township Sewer Authority; (d) PA Department of Environmental Protection, and (e) PA Department of Transportation; (2) recording date, plan book, and page number of previously recorded land development plan being shown on this land development plan; (3) revised storm water piping to bypass the Gill property being shown -5- 0u ..602 Kegular Meeting Minutes December 1, 1998 on the plan; (4) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (5) bonding and submission of an executed Developer's Agreement; and (6) Township Engineer approval. Motion seconded by Comm McCallin. Motion carried unanimously. p_zreliminary/Final Land Development Plan for Herre Bros., Inc. Thomas Pillion of Hartman and Associates, Inc. was present to speak on behalf of the submission. Mr. Pillion said the owner took no exception to the conditions of approval recommended by the Planning Commission, that all outside approvals would be obtained, and the storm water piping would be addressed to Engineer Spease's satisfaction. MOTION by Comm Funk to approve the Preliminary/Final Land Development Plan for Herre Bros., Inc., property located south side of Valley Road, Enola, one lot, 1.8 acres, zoned C-P-L, owned by Pierre Bros., Inc., submitted by Piartman & Associates, Inc. Plar~ning Commission File No. 98-11-03 with a time limit deadline of February 10, 1999. Approval contingent upon (1) review/approval by (a) Cumberland County Planning Commission, (b) Cumberland County Soil Conservation District, and (c) PA Department of Environmental Protection; (2) revised storm water piping to bypass the Gill property being shown on the plan; (3) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest: Township monument; (4) bonding and submission of an executed Developer's Agreement; and (5) Township Engineer approval. Motion seconded by Comm Funk. Motion carried unanimously. Revised Final Subdivision Plan for Whetan Crossing - Phase 'VI James Cieri of Act One Consultants, Inc. was present to speak on behalf of the submission. Mr. Cieri said the owner would comply with the conditions of approval recommended by the Planning Commission. Comm McCallin said he had received several complaints from residents concerning the lack of lighting in the development. Pie asked Mr. Cieri if Mr. Yingst was open to addressing the issue with the residents. Mr. Cieri said the street light -6- Onr;603,., ... Regular Meeting Minutes December 1, 1998 layout had been prepared by PP&L and would be installed in accordance with its standards. Comm McCallin requested that a copy of the PP&L plan be provided to him. Engineer Spease reminded Comm McCallin that the Township did not, normally, authorize energizing streetlights until the streets were dedicated to the Township. MOTION by Comm Funk to approve the Revised Final Subdivision Plan for Whelan Crossing- Phase VI, property located at Wertzville and Orr's Bridge Roads, Enola, 21 lots, 2.25 acres, zoned A-O, owned by Richard Yingst, submitted by Act One Consultants, Inc. Planning Commission File No. 98-11-05 with a time limit: deadline of February 10, 1999. Approval contingent upon (1) review/approval by the Cumberland County Planning Commission; (2) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a ce.,xified copy of the associated electronic file tying the property to the nearest Township monument; (3) bonding and submission of an executed Developer's Agreement; and (4) Township Engineer approval. Motion seconded by Comm Stathas. Motion carried unanimously. Vice President Rendler informed Mr. Cieri that the Township had received a commendation from the State for the intersection improvements at the Whelan Crossing entrance, and he asked Mr. Cieri to convey the Board's appreciation to Mr. Yingst. Mr. Cieri said it was nice that municipalities and private enterprise could work together for the good of the community. Preliminary/Final Land Development Plan for Ralston Purina Company Additions and Parking Lot Douglas Rohr of Renew Associates, Inc. was present to speak on behalf of the submission. Mr. Rohr said the outstanding issues had been addressed with the exception of receiving authorization from the Atlantic Corporation for paving within its gas line utility easement. Mr. Rohr said that authorization was anticipated within the next week. MOTION by Comm Funk to approve the Preliminary/Final Land Development Plan for Ralston Purina Company Additions and Parking Lot, property located at 6509 Brandy Lane, Mechanicsburg, one lot, 2.7 acres, zoned I-G, owned by Ralston Purina Company, submitted -7- O©O604 Regular Meeting Minutes December 1, 1998 by Rettew Associates, Inc. Planning Commission File No. 98-11-06 with a time limit deadline of February 10, 1999. Approval contingent upon (1) review/approval by (a) Cumberland County Planning Commission, (b) Cumberland County Soil Conservation District, and (c) Atlantic Corporation; (2) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (3) bonding and submission of an executed Developer's Agreement; and (4) Township Engineer approval. Motion seconded by Comm McCallin. Motion carried unanimously. _Revised Preliminary/Final Subdivision Plan for Grandon Farms Phase I- Lot Nos. 78, 170, and 171 Brian Schi~et of H. Edward Black and Associates was present to speak on behalf of the submission. Mr. Schifflet stated that all comments had been addressed and there were no additional concerns with the remaining conditions. MOTION by Comm Funk to approve the Revised Preliminary/Final Subdivision Plan for Grandon Farms Phase 1, Lot Nos. 78, 170, and 171, property located at Augusta Drive at Woodley Drive, Mechanicsburg, three lots, 0.54 acres, zoned R-T, owned by James and Jean Grandon, submitted by H. Edward Black 8t Associates, P.C. Planning Commission File No. 98-11-07 with a time limit deadline of February 10, 1999. Approval contingent upon (1) review/approval by the Cumberland County Planning Commission; (2) submission of five copies and one mylar of the corrected plan, 18" x 24," signed, sealed, notarized, and showing lots/parcels with street addresses, and a certified copy of the associated electronic file tying the property to the nearest Township monument; (3) bonding or the placement of permanent boundary markers; and (4) Township Engineer approval. Motions seconded by Comm Stathas. Motion carried unanimously. Zoning Hearing Board Appeal No. 98-10. 1900 Patriot Drive Manager Bradley informed the Board that The Patriot News was requesting a variance for the size of the wall sign it wanted to place on the side of its building facing Interstate 81. He said the ordinance allowed a 100-square-foot maximum for -8- December 1, 1998 F, egular Meeting Minutes any wall sign and The Patriot News wanted the wall sign facing Interstate 81 to be 198 square feet, almost double the size of the current largest wall sign in the Township. Manager Bradley said he did not believe The Patriot News needed a sign that size to sell its papers but did believe that, if the Board did not oppose the request for the variance, other businesses, which, in the past, had been denied signs larger than the maximum allowed by the ordinance, would be back to confront the Board. Manager Bradley reminded the Board of the previous discussions concerning the size of signs in the technology park for the commercial uses. He said he recalled that it had been suggested, at that time, that the sign ordinance could curtail the size, and therefore the brilliance, of neon signs advertising the commercial uses. He reminded the Board of the concerns of the residents living near the intersection, Wellington in particular. Manager Bradley said, with that in mind and despite the fact that The Patriot News had been a very good corporate neighbor and should be welcomed to the Township, he strongly recommended the Board oppose the variance. MOTION by Corem McCallin to oppose Zoning Hearing Board Appeal No. 98- 10, subject project 1900 Patriot Drive, Mechanicsburg, requesting a variance from the maximum wall sign size requirements of the Sign Ordinance under ~1721.4.B.4. Motion seconded by Comm Kendler. Question on the Motion Corem Funk said he believed every request for a sign should be considered on its own merit and he hoped this matter could be reconsidered at a future date. Discussion followed. Vice President Rendter asked for a vote on the motion. Motion carried unanimously. Engineer's Report -Jerry_ Spease. Bike Path Routing Signs Engineer Spease informed the Board that, sometime in the late '70s to early '80s, bike path routing signs had been placed throughout the Township. Fie said the Township had recently received a request from a resident on St. John's Church Road to remove one of those signs. He said he had tried to follow the bike route using the -9- O OP. GuG l~egular Meeting Minutes December 1, 1998 signs and had found there were approximately nine signs missing. He asked the Board to decide whether to replace the missing signs and re-establish the route or to remove all of the signs. Manager Bradley said another option was to grant the resident's request and remove that one sign. Discussion followed, and the Board agreed '[hat the one sign be removed. T__ownship Manager's Report- lohn E. Bradley, Ir,, Correspondence Received ~rom Timber Chase Homeowners Association Manager Bradley informed the Board that a second letter dated November 16, 1998 had been received from the Timber Chase Homeowners Association. He said both he and the Police Department had gone out and again looked at the truck tractor parked on Mt. View Road. He said two trucks had been found on at least one occasion, the truck tractor parked there previously and another tractor with a trailer. He said neither of the trucks was causing a sight-distance problem nor had there been any accidents. Manager Bradley said he had written a short letter to the :association president, Mr. Verrecchia, when the Board had denied the homeowners assomatmn first request to make a portion of Mt. View Road a no-parking zone, although he had explained the reason in detail to Mr. Verrecchia over the telephone. He said Mr. Verrecchia had requested a more detailed letter to the second request dated November 16, so he could better explain the Board's reasoning to the residents. Manager Bradley said the Board had the option to again deny the request or to authorize the Township Engineer to do a traffic study. Manager Bradley said it was his belief there were no engineering or safety reasons to stop the two trucks from parking on the public street. He said, if the Board were to prohibit parking on one side of the street, the trucks would simply move to the other side and, if parking on both sides was prohibited, they would move further up or down the street unless, of course, parking was prohibited on both sides along the entire length. He said the road was designed to be a collector street and the safest place for the trucks to park was right where they were. Corem Funk asked if the vehicle owner had been asked to move the vehicle, and Manager Bradley said he had. Discussion followed, and the Board asked Manager Bradley to provide Mr. Verrecchia with a more detailed letter. -10- r Meeting Minutes December 1, 1998 i Ordinance No. 98-13 Manager Bradley asked the Board to adopt Ordinance No. 95-13, establishing Iii the tax rates for 1999. He said he it had been 19 years since the last tax increase. iiMOTION by Corem Stathas to adopt Ordinance No. 98-13, an ordinance fixing · !!i the tax rates for the year 1999. Motion seconded by Comm Funk. Motion carried unanimously. Res..__olution No. 98-24 Manager Bradley asked the Board to approve Resolution No. 98-24, establishing fees for the year 1999. MOTION by Comm Funk to approve Resolution No. 98-24, establishing fees for various Township services and building and land development/subdivision fees for 1999. Motion seconded by Comm McCallin. Motion carried unanimously. Ordinance No. 98-14 Manager Bradley asked the Board to adopt Ordinance No. 98-14, the 1999 Budget. MOTION by Comm McCallin to adopt Ordinance No. 98-14, an ordinance appropriating specific sums estimated to be required for the specific purposes of the municipal government during the year 1999. Motion seconded by Comm Funk. Motion carried unanimously. 1999 Employee Compensation and Benefits Package Manager Bradley asked the Board to approve the 1999 Employee Compensation and Benefits Package. MOTION by Comm McCallin to approve the 1999 Employee Compensation and Benefits Package. Motion seconded by Comm Funk. Motion carried unanimously. Regular Meeting Minutes December 1, 1998 Re.~.isolution No. 98-23 Manager Bradley asked the Board to approve Resolution No. 98-23, exempting uniformed and non-uniformed employees from mandatory contributions to their respective Pension Plans for the Plan Year 1999. MOTION by Corem McCallin to approve Resolution No. 98-23, exempting uniformed and non-uniformed employees from mandatory contributions to their respective Pension Plans for the Plan Year 1999. Motion seconded by Corem Funk. Motion carried unanimously. O.__rdinance No. 98-15. Manager Bradley asked the Board to adopt Ordinance No. 98-15, which would reduce the reduced-rate customer fee for trash to $5.00 per month. MOTION by Corem Funk to adopt Ordinance No. 98-15, amending Ordinance No. 98-10, to revise the solid waste collection/disposal service rate for reduced rate customers from $6.67 per dwelling unit per month to $5.00 per month. Motion seconded by Comm Stathas. Question on the Motio~n Vice President Rendler asked how many individuals were involved in the reduced-rate fee, and Manager Bradley said approximately 30. Vice President Rendler asked for a vote on the motion. Motion carried unanimously. Staff Resin, nation Manager Bradley asked the Board to accept the resignation of Steven P. Himes, who was moving to upstate New York. Manager Bradley asked the Board to also authorize advertisement for the vacancy. Comm Funk asked that, if the Commissioners knew of anyone interested in full-time or part-time employment at the Golf Course, they be referred to the Township. MOTION by Comm Stathas to accept the resignation of Steven P. Himes, Golf Course Maintenance Worker I, effective December 1, 1998 and authorize advertisement for the vacancy. Motion seconded by Comm Funk. Motion carried unanimously. -12- Regular Meeting Minutes December 1, 1998 Pl~anning Commission Vice President Rendler said he wished to appoint Otis Littleton to the Planning Commission to fill the vacancy created by the resignation of Ernest McConnell. MOTION by Comm McCallin to appoint Otis Littleton to the Planning Commission to fill the vacancy created by the resignation of Ernest McConneI1. Motion seconded by Comm Funk. Question on the Motion Comm Funk asked Vice President Rendler if he had reviewed the list of candidates, and Vice President Rendler said he had. Vice-President Rendler informed the Board that Mr. Littleton had previously performed planning functions as part of his employment and was very well qualified. Vice President Rendler asked for a vote on the motion. Motion carried unanimously. Warrants Payable MOTION by Comm McCallin to approve the Warrants Payable for the month of November 1998. Motion seconded by Comm Funk. Motion carried unanimously. Correspondence Received from H. Edward Black & Associates Manager Bradley referred to correspondence received from H. Edward Black & Associates requesting that the parcel known as 9 Oak Avenue and a small strip of land north of that lot be rezoned from Residential-Suburban to Apartment- Office-Limited. Manager Bradley said, if rezoned, the parcel would be an extension of the property proposed to be developed by Mr. Grandon for his new office. H. Edward Black of H. Edward Black & Associates presented a drawing depicting three lots along the Carlisle Pike owned by Mr. Grandon. He said the parcel for which the rezoning request was being asked was located directly south of those three lots and would be used for a parking area with screening. Corem Funk asked how the parking would be controlled after hours, and Mr. Black said that had not yet been addressed. Comm Funk said the reason he asked was because he believed patrons from the Sierra Madre would park there a~ter hours and the peace and tranquility of the adjoining residential lot would be disturbed. -13- Regular Meeting Minutes December 1, 1998 Mr. Black said some means to prohibit parking could be installed to ensure that the patrons of the Sierra Madre did not park there. In response to Manager Bradley's question, Mr. Black said the Zoning Hearing Board had, in conjunction with the proposed development of the property, granted a variance to allow parking closer than 10 feet to the building. Manager Bradley asked if the sketch plan taken to the Zoning Hearing Board had included the southern lot, and Mr. Black said it had. He said it was at that time that it was found that the zone line did not match the lot lines md that was the reason for asking that an additional five feet along the rear of each of the lots fronting the Carlisle Pike also be rezoned to Apartment-Office-Limited. Discussion followed, and Manager Bradley recommended the Board refer the request to the Planning Commission for its review and recommendation. MOTION by Comm Funk to refer to the Planning Commission for review and recommendation the request of H. Edward Black & Associations to rezone from Residential-Suburban to Apartment-Office-Limited the parcel known as 9 Oak Avenue and a small strip of land just north of that lot. Motion seconded by Comm McCallin. Ivlotion carried unanimously. 1999 Appointments/Reappointments Manager Bradley informed the Board that he had contacted, other than the Golf Advisory Board members, all the people serving on the various boards, authorities, and commissions whose terms will expire at the end of the year to see if they would be interested serving another term. He said the individuals were all interested in continuing to serve. MOTION by Comm Funk to appoint Robert Conrad, Ann Uip, Michael Scheib, Donald Baldauf, and Lee Esser to the Golf Advisory Board with their terms to expire December 31, 1999; Otis Littleton to the Planning Commission with his term to expire December 31, 2002; A1 Bienstock and John McAtee to the Zoning Hearing Board with their terms to expire December 31, 2001; William Boles to the Vacancy Board with his term to expire December 31, 1999; Edward Messner to the Industrial Development Authority with his term to expire December 31, 2003; John Thomas to the Sewer Authority with his term to expire December 31, 2003; Patricia Smith as the Township's representative to the West Shore Public Library with her term to expire December 31, 1999; and Phyllis Sndyer as the Township's representative to the -14- Regular Meeting Minutes December 1, 1998 Mechanicsburg Senior Aduk Center with her term to expire December 31, 1999. Motion seconded by Corem Stathas. Motion carried unanimously. L_Lower Allen Pretreatment Ordinance Manager Bradley informed the Board that a pretreatment ordinance would be advertised during the month of December for adoption at the December 30 meeting. He said the ordinance was needed in order for Lower Allen to be in compliance with federal law since industrial users within Hampden Township sending sewage to Lower Allen also had to abide by that federal law. Commissioners Commissioner Stathas Comm Stathas commented that the advertisement for Meals on Wheels in the Township Newsletter has prompted several volunteers to come forward and the coordinator thanked the Township. Commissioner Funk Comm Funk asked if the Board was agreeable to honoring Cpl. Bonner at its December 30 meeting and that appropriate politicians and representatives from the district attorney's office, Lower Allen Township, and Rite Aid Corporation be invited. The Board agreed, and Manager Bradley said he would send invitations to the appropriate individuals. Commissioner McCallin Comm McCallin said he had provided to Manager Bradley that evening a form from the West Shore Tax Bureau to allow electronic deposits. Comm McCallin said he had asked Manager Bradley to look into a business supposedly operating in the residential development of Pinebrook which had put out a newsletter using a Pinebrook address. Comm McCallin informed the Board that he had received several phone calls complimenting the Township on its leaf collection program. -15- 0 0612 Regular Meeting Minutes December 1, 1998 Vice President Rendler Vice President Rendler asked the Assistant Manager to do an article in the Newsletter on what can be done to beautify detention ponds, and he used the one in Hampden Heights along Lamb's Gap Road as an example. Vice President Rendler suggested that a five-member committee be appointed in 1999 to look into redistricting the voting precincts. He said he didn't believe it was too soon to start working on the voting districts, for submission in 2003 following the results of the census. Vice President Rendler said he would like a letter sent to the Harrisburg Postmaster suggesting that the Enola service area should stop at the township line. He said that would have precluded the problem referred to previously in the Cumberland Technology Park. Solicitor Snelbaker suggested that Silver Spring Township be contacted because it, too, had some Enola service area within its township. Comm McCallin suggested that, perhaps, COG should spearhead the effort and that it should be determined whom at the federal level outlined the delivery areas. Solicitor's Report- Richard C. Snelbaker Solicitor Snelbaker had nothing to report. Adjournment MOTION by Comm Stathas to adjourn the Agenda Meeting. Motion seconded by Corem McCallin. Motion carried unanimously. Vice President Rendler adjourned the Agenda Meeting at 9:10 p.m. Respectful~l~bmitted, 120195.doc -16- IN RE: PUBLIC HEARING BEFORE THE HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS TRANSCRIPT OF PROCEEDINGS BEFORE: DATE: PLACE: JAMES E. RENDLER, VICE-PRESIDENT NEVIN W. FUNK ISABELL STATHAS DONALD R. McCALLIN DECEMBER 1, 1998, 7:45 P.M. 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PENNSYLVANIA APPEARANCES: SNELBAKER & BRENNEMAN, P.C. BY: RICHARD C. SNELBAKER, ESQUIRE FOR - HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS RHOADS & SINON, LLP BY: LAWRENCE B. ABRAMS, III, ESQUIRE FOR - VENATOR REALTY GROUP PATRICIA M. BROWN, REPORTER NOTARY PUBLIC ORIGINAL PatricJa M. Brown 619 North $ccond Street, Wormleysburg, PA 17043 (717) 975-0820 VICE-PRESIDENT RENDLER: I call the Board of commissioner's meeting to order. Proof of publication has been posted. Prior to going in the public hearing, I apologize for starting late, we had an executive session. It was a personnel matter. We have no action to take in public on that personnel matter. Otherwise we would have gotten started at 7:30. The second item on the agenda is the public hearing. The purpose of the public hearing is to consider certain amendments to the Hampden Township Zoning Ordinance, Chapter 27 of the Code of Ordinances, Township of Hampden, adding a definition of Flex Space Building in Section 203, adding flex space buildings as a permitted use in the Industrial-General zoning district in Section 1503, and establishing special standards and criteria for vehicle parking with regard to flex space buildings in Section 2002. Do we have anybody that wants to comment? MR. ABRAMS: My name is Lawrence Abrams. represent Venator Realty Group who are one of your corporate citizens in an industrial park, and I rise to speak on behalf of the proposed textual addition of the concept of a flex space building to the provision of your ordinance that governs the IG zone that governs industrial parks in the township. The county Planning Commission has responded with favorable recommendations, thinking that it would be a breeze with the flex space building concept and therefore recommends approval of the proposed change. We had a very extensive and good session with your Planning Commission which resulted in their positive recommendation on a unanimous basis of the material that has been placed before you. I have with me tonight Gary Brown, president of the Venator Realty Group and Sharon Fogerty who is a planner and a zoning expert in case any of the commissioners would have questions. Also with me is my associate~ Cathy Nolan, from our firm who assisted in this project. As I say, we had very good discussions with staff; and we believe that the ordinances would make your industrial park areas more attractive to national corporations because it would allow them, if they qualify under the ordinance, to apply to Mr. Bradley with a simple application process, written application, certifying and requesting that they be allowed to flex to a certain percentage. This would allow up to an 85-percent flex of warehouse space to office space. The need for this is because with the cyclical changes of, for instance, the retail business, they consider real estate just like any other kind of investment; and they would like and recommend that we have this kind of flexibility. MR. SNELBAKER: Mr. Chairman, may I recommend that you accept any kind of objection that may come from the floor at this point before we get into further testimony to hear whatever objections if any there be to the proposal? VICE-PRESIDENT RENDLER: Any further comment from the audience? MR. SNELBAKER: Any objections. VICE-PRESIDENT RENDLER: Any objections? (No response.) VICE-PRESIDENT RENDLER: Does the board have any questions of this individual? MS. STATHAS: Can any of this space be leased to someone else? MR. ABRAMS: The flex -- our concept is this is a single ownership building. MS. STATHAS: I know that. MR. ABRAMS: The ordinance itself does not prevent leasing. So it is possible, Commissioner, that some part of the building could be leased. MS. STATHAS: What affect would this have on, say, if it were leased, on the parking and stuff? MR. ABRAMS: It would have to be -- with this application is full compliance with parking accompanied by inspection. Everybody using that building would be counted. MR. McCALLIN: That basically was my question on the parking. It says Part 20 and Chapter 27 here. It doesn't define what is going to be the basis for requiring parking spaces. MR. ABRAMS: If I may suggest, Mr. Commissioner, that's because you don't have that whole page open. That only applies to industrial parking. That is in the context of an industrial parking amendment. MR. BRADLEY: MR. McCALLIN: MR. BRADLEY: May I add a comment? Yes, please. The ordinance envisions parking being handled exactly the way it is today. If you have X number of square feet of warehouse, your parking will be required to be that formula times that number of feet. If you have X number o.f office space, you go to the office space formula in the ordinance and you add that to the mix.. So the parking requirements would change depending upon the flex of the building. The only thing that this ordinance changes with respect to parking, making it different than the way we calculate it today, is that this will give in the Industrial zone some possible relief to what the county calls the ETR program, employee trip reduction program, which is something new to Hampden. This is not necessarily -- the ordinance makes it unique to flex space buildings; but this type of a program were it to work in flex space buildings, if you so desire, it could be done anywhere. But to answer your specific question, the number of parking spaces that a flex building would be assigned would be exactly what they would be assigned today. MR. McCALLIN: Every time a change in the allocation formula of warehouse space versus office space, every time that occurs, is there a requirement to have a change in use? MR. BRADLEY: Yes. A certificate of use would be required every time that gets changed. MR. McCALLIN: Every time? MR. BRADLEY: That's correct. Now, what most likely they would do were I them is that they would come in for the maximum, make sure they have enough parking for the maximum, and they can flex from 0 to 85 percent without telling us because we know in advance that they've got sufficient parking. The more they flex into office space, the more parking is required. So if you want to go to the maximum which is 85 percent if you pass this ordinance, they would come in and ask for a certificate of use for a maximum of 85 percent. They would have to prove to us that they have that amount of parking. Some of the sites may be limited to 65 percent, 70 percent because there would not be sufficient physical space on the lot for enough parking. MR. McCALLIN: What kind of procedures do we have to monitor inside someone's warehouse? That's their building. That's their property. How do you enforce something like this? MR. BRADLEY: Other than the fact that an annual review is required by this ordinance, we today have no way. That's why we asked for an annual review here, annual report to the zoning officer, which would include a review of the certificate of use, state number of employees, utilization of parking space. Without that, we would have no way of enforcing this. That's why that was stuck in there. MR. McCALLIN: The zoning officer would have the prerogative then to take that annual report and verify it? MR. BRADLEY: Yes, sir, without a doubt. Notwithstanding any of the above, the zoning officer may rescind at any time any parking reduction granted when an ETR program in his or her opinion is no longer effective. So I think we've got the controls there. Yes, we'd have to go out and take a look every six months to a year or whenever a new certificate of use comes. I can't speak for the owners of the building, but I can't see this catching on like a fire storm. I would imagine it's probably going to be three or four buildings in the township that would avail themselves of this; and that certainly is a manageable new program, if you so desire. MR. FUNK: John, along those lines, what types of fees are associated for the extra work that's put into it by the township? MR. BRADLEY: Review of the certificate of use or submission for the certificate of use I believe is $25. It's not a huge fee. MR. FUNK: Something every year if you need to inspect it? MR. BRADLEY: Yes. MR. FUNK: Mr. Abrams, do you have experience with these type of flex space buildings? MR. ABRAMS: We derive it from the Durham, North Carolina model ordinance. I don't have any experience with it, and I believe it is innovative. MR. FUNK: The concept, I can't say -- I mean, I agree with the concept. But what I'm interested in, any time you marry two types of businesses together, two types of uses together, it would seem logically there could be some problems that arrive from it, two totally different types of business, one being office with a lot of clerical people, more people involved, and merging, let's say, with a lot of tractor-trailer traffic and those types of issues and things. That's why I was curious. Do any of the four of you have any -- can you honestly say that you know how it works, because I don't? U d.., u _ g MR. ABRAMS: We have an ancillary relationship now. We are allowed to use office in your Industrial-General zone to the extent that it is ancillary to the warehouse use. So what has happened has been that the employees, they bring the trucks into an isolated area of the building at the south end, let us say. Then it tends to be that the other parking, if you will, is lined into areas at the personnel entrances. But aside from that -- and of course, the trucks can pull directly out onto Saint Johns Road right onto the arterial access. So those kind of design things we do have experience with, and they are safety matters and are enforced. MR. FUNK: I think I'm using it as a general question, 'not just focusing on you because this will allow anybody to do it, and in particular, the area off of Salem Church Road which is all warehousing right now. I can't imagine, even though you allow some of that type of office buildings in that zoning that it's not as desirable as going into an Office-Park. And there's reasons for that, and one of them would be exactly the problem I said. If you ever drive down Silver Springs Road, just going from Hampden to Mechanicsburg, for example, it's really tedious at times with the trucks and cars mingling together and trying to get around each other. And that's why I asked 0 O 6,..,2 10 that question. VICE-PRESIDENT RENDLER: Nevin, you spoke of Salem Church Road. Exel moved off Trindle Road and moved over onto Salem Church Road into one of the warehouses. So this has taken effect already in certain areas. MR. FUNK: I'm sorry. It looked like you wanted to say something. MR. BROWN: Just briefly. MR. SNELBAKER: Why don't you identify yourself? MR. BROWN: My name is Gary Brown. I'm president of Venator Realty Group. To answer your question specifically, we have had experience in your township with our building. Right now we have office and warehouse space. What this does is it allows us to expand the warehouse space into more office space. We have been doing this. As you're aware, our company was the old Kinney Shoe Company. It's changed dramatically in the last two years, going down from 44 divisions to 20. Our employment rate has gone from world wide, probably 50 or 60,000. It's been reduced by 10 or 15,000 people. This is what's happening in corporate America. Because of the cyclical change that's going on, expanding and contracting, we want to be able expand the office. Hampden has been terrific in allowing us to go from 0"" 623 warehouse to almost 50 percent office. By doing that, we've increased our employment to over 900 skilled workers. We would not have done that if we didn't have that flexibility. By providing this opportunity, you can see another few hundred people I believe to take office space in this building. MR. FUNK: Thank you. VICE-PRESIDENT RENDLER: adopt Ordinance No. 98-16. I'll accept a motion to MR. SNELBAKER: That is the ordinance published with the notice that's before you. MS. STATHAS: So moved. MR. FUNK: Second. VICE-PRESIDENT RENDLER: I have a motion and second. Ail in favor? MR. McCALL!N: i still have a couple questions. VICE-PRESIDENT RENDLER: Any further discussion? MR. McCALLIN: If we have one of these facilities and it changes more from a warehouse to an office and if we have new employees come in as you suggest, are they going to be considered permanent employees from the day they start? Are we going to call that a temporary situation, therefore the employees don't work in Hampden Township, they work someplace else? Or day one when they come in and set up an office, occupy space in the township, they are now employees ' -' 0 0G24 12 in the township? MR. BROWN: That would be the intent. MR. McCALLIN: I have a little bit of experience with warehouses. It seems to me that the landlords like to squeeze the tenants and they both get together to squeeze the government. That's the way it is. That's how' you get around things. My business sense says I wholeheartedly agree with the concept, but I also want to be sure in the responsibilities we have here that none of that squeezing or looking askance at different things is prejudicial to the functions we have to carry out in providing infrastructure and taxing and so forth. So thank you. 'VICE-PRESIDENT RENDLER: Any further comment? MR. FUNK: Call the question. VICE-PRESIDENT RENDLER: The question has been called for. All in favor? (All respond in the affirmative.) VICE-PRESIDENT RENDLER: Opposed? (No response.) MR. SNELBAKER: Passed unanimously. VICE-PRESIDENT RENDLER: Yes. (Whereupon, the proceeding was concluded at 8:10 0 r 625 13 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings and that this copy is a correct transcript of the same. ORDINANCE NO. AN ORDINANCE OF THE TOWNSHIP OF HAMPDEN, CITMq~E]~T,A/'~D COUNTY, PENNSYLVANIA, AMENDING SECTION 203, PART 2, SECTION 1503, PART 15 AND SECTION 2002, PART 20 OF CHAPTER 27 OF THE CODE OF ORDINANCES, TOWNSHIP OF HAMPDEN ENACTED ON AUGUST 27, 1998, AND AS SUBSEQUENTLY AMENDED (CHAPTER 27 BEING THE "HAMPDEN TOWNSHIP ZONING ORDINANCE") TO PROVIDE FOR FLEX SPACE BUILDINGS AS PERMITTED USES IN THE I-G, INDUSTRIAL GENERAL ZONING DISTRICT AND RELATED VEHICLE PARKING REQUIREMENT S. BE IT HEREBY ENACTED AND ORDAINED and it is hereby enacted and ordained by the Board of Township Commissioners in and for the Township of Hampden, Cumberland County, Pennsylvania, as follows: SECTION !: Chapter 27 of the Code of ordinances, Township of Hampden, enacted on August 27, 1998, and as subsequently amended, being the Hampden Township zoning Ordinance as codified, is hereby amended as follows by: a. Section 203 of Part 2 is hereby amended by adding the following definition of "Flex Space Building": FLEX SPACE BUILDING - a building under single ownership, designed and marketed as suitable for industrial warehouse and ancillary uses, but with space available that is able to accommodate offices. b. Section 1503 of Part 15 is hereby amended by adding the following new subsection "X" and relettering existing subsection "X" to "Y". Flex space building, provided that the office use shall be limited to no more than eighty- five percent (85%) of the total gross floor area of the building. c. Section 2002, Subsection D is hereby amended by adding the following new provision: (4) Flex Building Use. The number of required parking spaces may be reduced by an Employee Trip Reduction Program ("ETR Program") approved by the Zoning Officer. Such an ETR Program can include rideshare programs, shuttle services and staggered shifts but, in any case, would include an ETR Program Annual Report to the Zoning Officer which, at a minimum, would include a renewal/review of the Certificate of Use, a statement of number of employees, and the utilization rate of parking spaces. Notwithstanding any of the above, the Zoning Officer may rescind, at any time, any parking reduction granted when, in his opinion, the ETR Program is no longer effective. SECTION 2: Except only as amended, modified and changed by the present ordinance, the Hampden Township Zoning Ordinance as codified shall remain in all other respects in full force and effect. SECTION 3: This ordinance shall become effective in accordance with applicable law. DULY ENACTED AND ORDAINED this lst day of December 1998, by the Board of Township Comauissioners of the Township of Hampden in public session duly assembled. TOWNSHIP ~N ATTE~ / ~- 7(Vice) President, Board' of Township /~~~ ./~__/-" · Co--i ssi on ers [ / T0~shi~ Secretary ~o~ship S~al) -2- Hampden Township Board of Commissioners August 27, 2002 F.R. Martsolf Serratelli Schiffman Brown & Calhoon, P.C. Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 RE: Applications for Flex Space Building Dear Mr. Martsolf: Per your request of today, this letter is to confirm that Hampden Township has received no applications from and after January 5, 1998 relating to the permitted use allowed in Section 1503.X (Flex Space Building) under Part 15 (I-G Industrial-General) of the Hampden Township Zoning Ordinance. Sincerely, Darrell L. McMillan Director of Codes Enforcement and Assistant Zoning Officer DLM:msd flexspace.ltr c: John E. Bradley, Jr., Township Manager 230 S. Sporting Hill Road Mechanicsburg, PA 17050-3097 E-Mail hampden@twp.hampden.pa.us Website http://twp.hampden.pa.us F.,MX (717) 761-7267 TDD (717) 214-1,1.62 Administration (717) 761-0!19 Ambulance (717) 761-5343 Police (717) 761-2609 Recreation (71.7) 761,-495l 1 Jaycee Avenue *,sburg, PA 17112 v. triplecrowncorp.com Triple Cro~. Corporation Recogni:.ed Quality Home Builder (717) 657-5729 FAX (717) 857-8125 email'triplecrowncorp.com ,July 29, 2002 Mr. John Bradley Township Manager Hampden Township 230 South Sportir~g Hill Road Mechanicsburg, FA 17055 RE: Quaker Oats Building Dear Mr. Bradley: Thank you for taking the time to meet with John DiSanto and me on July 23, 2002. As we discussed I am sup¢lementinq our request for the Certificate of Use permit for Daybreak Church. ' ~ In an effort to help the township render its decision on our application we are providing the following information for your consideration: We have contacted all of our neighbors, which includes Arnold Transportation to our East, Purina to our North, and TruTemper to our West. They have all been informed of our anticipated use and some have provided us correspondence which shows that they are not opposed to it. 2. The property directly to our South is Norfolk Southern Railroad and the ground directly adjacent to the railroad is residential. We are willing to accept limitations on the Certificate of Use so that the property can be used solely for their corporate office function during the normal business hours of 8-5. Additionally, we will agree to limitation for the operation of services only on weekday evenings after the hour of 6 pm. We specifically acknowledge that your affirmative decision on this Certificate of Use request will not be precedent setting in any way and will not permit the further expansion of this use in any manner without pdor written approval from the township. I have enclosed a copy of correspondence from the church agreeing to the terms as outlined above. If you have any questions regarding the above, please contact me at your eadiest convenience. I would like to thank you and Darryl McMillan for taking the time to review this very important request with us. The information and guidance that you and Darryl shared with us has been very helpful in this process. I thank you in advance for your consideration of this matter. Sincerely, Mark X. DiSanto Chief Executive Officer CC: Deb Hodges Patty Hanes John M. DiSanto Darryl McMillan, Hampden Township Codes Enforcement Officer 072402_J Bradley_Quaker July 26, 2002 Mark DiSanto Chief Executive Officer Triple Crown Corporation 5351 Jaycee Avenue Hamsburg, Pennsylvania 17112 RE: Quaker Oats Building Dear Mark, This letter is in response to our conversation of July 26, 2002. As discussed, you have advised us that you are in the process of requesting a Certificate of Use permit from Hampden Township for the purpose of having a church and its local offices operate out of the above referenced building. Based upon the information that you have provided, they will have approximately 8-15 full time office employees working dudng 8-5 Monday through Fdday and that they will be open for public services only on evenings after 5 p.m. and on Sundays, we would not be opposed to such use. Thank you for informing us and the o~er neighbors of your anticipated use of your property. Sincerely, Mark Stehno R O. Box 248 Camp Hill, PA 1 7001-0248 Garden Tools-Since 1774 .;uly 20, 2002 Mr. Mark DiSanto Chief Executive Officer Triple Crown Corporation 535 l Jaycee Avenue Hamsburg. PA 17112 Re: Quaker Oats Building Dear Mark: This Ierrer is in response to our conversation offulv 25. 2002. As discussed, you have advised us that you are in the process of requesting a Cerri~cate of Use permit from Hampton Township for the purpose ofhavmg a church and its local offices operate at the above referenced building. Based upon the information that you provided, they will have approximately 8-t 5 full time office employees working Monday through Friday from 8:00 a.m. - 5:00 p.m. and that thev will be open for public services only on evenings after 5:00 p.m. and on Sundays. We would not be opposed to such use. As only a tenant in this faciliw, you probably also need to talk to our building owner, Mr. Greg Silvershein. His number'is 908-608-0100. If asked by Gret, I would tell him we don't see a problem. ' - Thank you for informing us and the other neighbors of your anticipated use of your property. Sincerely, Duane R. Greenly Chief Or~eratin* Officer Railroad Avenue · Camp Hill, PA 17011 · 1-800-393.1846 ° Fax: 1800-567-1904 · www.ames-truetemper.com Daybreak Church of the Christian & Missionary Alliance 6 State Road. Suite 107 Meehmlicsburg, PA 17055 July 24, 2002 John Bradley Township Manager Hampden To,avahip 230 S. Sporting Hill Road Mechanicsbm'g, PA 17050-3097 RE: Use and Occupancy of 485 St. John's Church Road Dear Mr. Bradley: [t is our understanding that you will consider our proposed requested use of property at 485 St. John's Church Road, within certain limitations due to our hardship facts and circumstances. We will accept the following limitations to our use and occupancy of the above- referenced property: We will use the space within normal office hours of g:00 a.m. to 5:00 p.m. from Monday through Friday. Our staff occupying the office during these hours will be not more than fifteen (15) people. Our services will be limited to evenings after 6:00 p.m. and completed by 9:00 p.m. and Sunday, unless we submit a request in writing for other approval to the Township. We will not expand our use without written permission from the Town~ip and our space occupancy u,'ill not expand beyond the outlined space within the building. We understand that this is not precedent setting and is dependent specifically upon the facts and circumstances as we present them. TI'tank you for your time a.nd consideration in this matter. Your efforts to accommodate the needs of cur clmrch herald the finest efforts of public service. Daybrea.k Church of the Christian & Missionary Alliance By'~g A. Hatch, Esq., Secretary T,;T~L QB LIMITED PARTNERSHIP, Appellant HAMPDEN TOWNSHIP ZONING HEARING BOARD, Appellee V. HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS, Intervener IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5377 CIVIL TERM LAND USE APPiEAL NOTICE OF INTERVENTION NOW COMES, Hampden Township Board of Commissioners, by Glen R. Grell and Klett Rooney Lieber & Schorling and files this Notice of Intervention pursuant to Section 1104- A of the Pa. Municipalities Planning Code, 53 P.S. 11004-A as the municipality directly involved in the action appealed from. Respectfully submitted, KLETT ROONEY LIEBER & SCHORLING By: Glen R. Grell Attorney I.D. No. 34338 240 North Third Street, Suite 600 Harrisburg, PA 17101 (717) 231-7705 Attorneys fi)r Hampden Township Board of Commissioners Date: November 27, 2002 QB LIMITED PARTNERSHIP, : Appellant : V. HAMPDEN TOWNSHIP ZONING : HEARING BOARD, Appellee Vo HAMPDEN TOWNSHIP BOARD COMMISSIONERS, Intervener OF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5377 LAND USE APPEAL STIPULATION AND SETTLEMEN{ THIS STIPULATION AND SETTLEMENT is entered into by and between QB LIMITED PARTNERSHIP (,,Appellant"), by and through its counsel, F. R. Martsolf, Esquire at Serratelli, Schiffman, Brown & Calhoon, P.C.; HAMPDEN TOWNSHIP ZONING HEARING BOARD (,,Appellee"), by and through its counsel, Robert C. Saidis, Esquire at Saidis, Shuff, Flower & Lindsay; and HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS (,,Intervener"), by and through its counsel, Glen R. Grell, Esquire, at Klett, Rooney, Lieber & Schorling. WHEREAS, Appellant is the owner of certain property located in Hampden Township, Cumberland County commonly known and numbered as 485 St. John's Church Road (,,Property"), a portion of which Property consists of approximately 45,000 square feet of office space on three and a half floors available for lease (,,office property"); and WHEREAS, the Property is located in an I-G Industrial General Zone (I-G) as such is defined in the Hampden Township Zoning ordinance (,'Zoning ordinance"); and WHEREAS, various disputes have arisen by and between Appellant and Intervener, by and through the Hampden Township Zoning officer, with regard to permitted uses of the Property; and WHEREAS, resultant from such disputes, Appellant instituted the within action (,'Land Use Appeal") and a second administrative appeal regarding the Hampden Township zoning officer's failure to issue a second requested Certificate of Occupancy for the Property (,,Administrative Land Use Appeal"); and WHEREAS, Appellant, Appellee and Intervener have agreed to settle the within case: NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Stipulation and Settlement, and for other good and valuable consideration, AND INTENDING TO BE LEGALLY BOUND HEREBY, Appellant, Appellee and Intervener agree as follows: 1. Recitals. The above recitals are incorporated into this Stipulation and Settlement as if fully set forth. 2. Application for Certificate of Use. Prior to December 27, 2002, Appellant or its designee shall apply for a Certificate of Use for the Office Property for use as an Office Building as such is defined in the Zoning Ordinance. 3. Issuance of Certificate of Usq. On or before January 2, 2003, Intervener, acting by and through the Hampden Township Zoning officer, shall issue a Certificate of Use for the office Property as an ,,office Building" or ,,office, Professional" (exclusive of offices for the ,,Healing Arts") as such are defined in the Zoning Ordinance. Issuance of the Certificate of Use shall recognize ,,office Building" and ,,office, Professional" (exclusive of offices for the "Healing Arts") as preexisting uses of the office Property and shall establish said uses hereafter for any and all future applications for Certificates of Occupancy for all or a portion of the office Property. 4. Withdrawal of Land Use Appeal and Administrative Land Usq Appeal. Within thirty (30) days after Appellant has received the Certificate of Use hereinabove described, the parties shall execute a joint Praecipe marking this case ,'settled, withdrawn and discontinued with prejudice". Appellant shall cause the Praecipe to be filed in the Cumberland County Protkonotary's Office within five (5) business days after execution and delivery of the Praecipe by Appellee and Intervener and provide a time-stamped copy of the Praecipe to Appellee and Intervener immediately thereafter. 5. Siqnatories. The individuals signing this Stipulation and Settlement for and on behalf of ~pellant, Appellee and Intervener personally represent and warrant that they are authorized to sign this Stipulation and Settlement on behalf of 3 Appellant, Appellee and Intervener respectively and that they have the authority to bind them respectively to the terms of this stipulation and Settlement. IN WITNESS WHEREOF, Appellant, Appellee and Intervener have caused this stipulation and Settlement to be executed and delivered this ~_~ day of December, 2002. Date FOR APPELLANt-, QB LIMITED PARTNERSHIP -- j jr 85 SERRATELLI, SCHIFFMAN, BROWN & CALHOUN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date Date I~AXI .......... : Glen R.~Grell, Esquire KLETT ROONEY LIEBER & SCHORLING 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700 FOR APPELLEE_ HAMPDEN TOWNSHIP BOARD By ~'~r~./C. Saidis, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 4 QB LIMITED PARTNERSHIP, : Appellant : : V. : : Hg24PDEN TOWNSHIP ZONING : HEARING BOARD, : Appellee : : V. : : HAMPDEN TOWNSHIP BOARD OF : COMMISSIONERS, : Intervener : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5377 LAND USE APPEAL STIPULATION AND SETTLEMENT THIS STIPULATION AND SETTLEMENT is entered into by and between QB LIMITED PARTNERSHIP ("Appellant"), by and through its counsel, F. R. Martsolf, Esquire at Serratelli, Schiffman, Brown & Calhoon, P.C.; HAMPDEN TOWNSHIP ZONING HEARING BOARD ("Appellee"), by and through its counsel, Robert C. Saidis, Esquire at Saidis, Shuff, Flower & Lindsay; and HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS ("Intervener"), by and through its counsel, Glen R. Grell, Esquire, at Klett, Rooney, Lieber & Schorling. WHEREAS, Appellant is the owner of certain property located in Hampden Township, Cumberland County commonly known and numbered as 485 St. John's Church Road ("Property"), a portion of which Property consists of approximately 45,000 square feet of office space on three and a half floors available for lease ("Office Property"); and WHEREAS, the Property is located in an I-G Industrial General Zone (I-G) as such is defined in the Hampden Township Zoning Ordinance ("Zoning Ordinance"); and WHEREAS, various disputes have arisen by and between Appellant and Intervener, by and through the Hampden Township Zoning Officer, with regard to permitted uses of the Property; and WHEREAS, resultant from such disputes, Appellant instituted the within action ("Land Use Appeal") and a second administrative appeal regarding the Hampden Township Zoning Officer's failure to issue a second requested Certificate of Occupancy for the Property (,,Administrative Land Use Appeal"); and WHEREAS, Appellant, Appellee and Intervener have agreed to settle the within case: NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Stipulation and Settlement, and for other good and valuable consideration, AND INTENDING TO BE LEGALLY BOUND HEREBY, Appellant, Appellee and Intervener agree as follows: 1. Recitals. The above recitals are incorporated into this Stipulation and Settlement as if fully set forth. 2. Application for Certificate of Use. Prior to December 27, 2002, Appellant or its designee shall apply for a Certificate of Use for the Office Property for use as an Office Building as such is defined in the Zoning Ordinance. 2 3. Issuance of Certificate of Use. On or before January 2, 2003, Intervener, acting by and through the Hampden Township Zoning Officer, shall issue a Certificate of Use for the Office Property as an "Office Building" or "Office, Professional,, (exclusive of offices for the "Healing Arts") as such are defined in the Zoning Ordinance. Issuance of the Certificate of Use shall recognize "Office Building,, and "Office, Professional,, (exclusive of offices for the "Healing Arts") as preexisting uses of the Office Property and shall establish said uses hereafter for any and all future applications for Certificates of Occupancy for all or a portion of the Office Property. 4. Withdrawal of Land Use Appeal and Administrative Land Use Appeal. Within thirty (30) days after Appellant has received the Certificate of Use hereinabove described, the parties shall execute a joint Praecipe marking this case "settled, withdrawn and discontinued with prejudice,, Appellant shall cause the Praecipe to be filed in the Cumberland County Prothonotary,s Office within five (5) business days after execution and delivery of the Praecipe by Appellee and Intervener and provide a time-stamped copy of the Praecipe to Appellee and Intervener immediately thereafter. 5. Siqnatories. and Settlement for and Intervener personally The individuals signing this Stipulation on behalf of Appellant, Appellee and represent and warrant that they are authorized to sign this Stipulation and Settlement on behalf of Appellant, Appellee and Intervener respectively and that they have the authority to bind them respectively to the terms of this Stipulation and Settlement. IN WITNESS WHEREOF, Appellant, Appellee and Intervener have caused this Stipulation and Settlement to be executed and delivered this 3/~ day of December 2002 Date FOR APPELLANT QB LIMITED PARTNERSHIPy~~/~ F. R. Martso~f, ~squire Pa. Attorney I.D. No. 15859 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date FOR ~NTERVENER HAMPDEN TOWNSHIP Glen R. Grell, Esquire KLETT ROONEY LIEBER & SCHORLING 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 (717) 23]_-7700 Date FOR ~PELLEE ._ ~,, HAMPDEN TOWNSHIP ' ~bert'' C. Sa%dis, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 4 QB LIMITED PARTNERSHIP, : Appellant : : V. : : HAMPDEN TOWNSHIP ZONING : HEARING BOARD, Appellee Vo HAMPDEN TOWNSHIP BOARD COMMISSIONERS, Intervener OF : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5377 LAND USE APPEAL PRAECIPE Please mark the within proceeding settled withdrawn and discontinued with prejudice. ' Date FOR APPELL~.~ QB LIMITED PARTNERSHIP//~~ / F. R. Martsol~, E~uire Pa. Attorney I.D./No. 15859 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date FOR APPELLEE~,PDEN TOWNSHIP ZONING HEARING BO~~ R~bert C.VSa~is, Esquire S~DIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date FOR INTERVENER HAMPDEN TOWNSHIP BOARD OF COMMISSIONERS: By ~~~~ Glen R. Grell, Esquire KLETT ROONEY LIEBER & SCHORLING 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 (717) 231-7700