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Home My WebLink About00-05852 ".,- - _u i-_~~,C:':-,_,', " "'--"'''''",,0; _n.: :;~~_\, __ . 'c- <__""'_-"_? "_~, ,-. ,,-'-'- ~ ,-,- '--"',":,"1--": w .." ... STANLEY W. HOYNITSKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner^Appellant, v. CIVIL ACTION - LAW BOARD OF SUPERVISORS, SILVER SPRING TOWNSHIP, Respondent-Appellee No. 00-5852 Civil PRAECIPE TO DISCONTINUE. WITH PREJUDICE TO: Curt Long, Prothonotary Please mark the docket for this action to indicate that it has been settled and discontinued, lIri.t.h pnejllrlir.p., by agreement of the parties. Respectfully submitted, Dated: October 17, 2000 KEEFER WOOD ALLEN & RAHAL, LLP BY{~ Charles W. Rubendall II Attorney I.D. # 23172 Brenda L. Gacki Attorney I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 and 255-8037 Attorneys for petitioner- appellant - '-'~~>; ,. -".:"'-;-'1 ,;"1 ,~,,' ;,,'. '.'.'~_ _ '_.., . __'.-_C'_ _":0';_,.- "," ," c:;,,_,~' '<',-:,:,:;;:<,;"';-:I'~~ -- ... , ' CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for petitioner-appellant, hereby certify that I have served the foregoing paper upon counsel for respondent-appellee this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Steven A. Stine, Esquire Solicitor, Silver Spring Township James Smith & Durkin, LLP 134 Sipe Avenue Hummelstown, PA 17036 KEEFER WOOD ALLEN & RAHAL, ~~p By Charles W. Rubendall II Dated: October 17, 2000 ..1 :C.""l_ ,JMh~lk:; .<.~ "';;'.-'--' \1,"/-10' .- " !!\l~ ;:M D l}" c->"\<?iJ!,U~_,,)J -. . J" LJ-t ),"," .",~L_~ __, ,_~ ,';!_ .,Ll)""qJJJl.lJ.u,_~L)!Jlf"I~_W'~~Hll1!J~[L}~1, ~}"?'~'_'_'?:;:- _""-;,,_c,;c;j;, '1'.1 n-i :?: L UJ ".~'-;-....:; :i: ~2~ -< },!., '- C'j C:j o "') .--.~; t::::;. -on ,~U (7) ~ "f.-~';--, ..rr_~ . ~- "-~''''~--_O'''' ,"'~' ""~.__"', ,__' _, ~__"'"""-;""". _C"_. -'''?'''1i.<r\ '~'-"~-I '''0. "L"< ", """""~" ,-"<"">~,,'""" " J __'_;.0_<0_;__' ':0' ',:_ '''''''')''''~;;'''~ - - :(;.~e':- , - 1_ -'Ii STANLEY W. HOYNITSKI, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner-Appellant, v. CIVIL ACTION - LAW BOARD OF SUPERVISORS, SILVER SPRING TOWNSHIP, Respondent-Appellee No. 00 -5g5JC~ LAND USE APPEAL NOTICE Petitioner-appellant, Stanley W. Hoynitski, by and through the undersigned counsel, hereby petitions this Honorable Court, pursuant to 53 P.S. ~11002-A, for review of the land use decision wherein respondent-appellee imposed certain conditions upon its approval of petitioner-appellant's conditional use application, and in support thereof avers as follows: 1. Petitioner-appellant Stanley W. Hoynitski ("Hoynitski") is an adult individual residing at 3812 Sarayo Circle, Harrisburg, Pennsylvania. Respondent-appellee is the governing body of Silver Spring Township, Cumberland County, Pennsylvania. 2. Hoynitski has entered into an agreement of sale to purchase a tract of real estate, comprising approximately sixty- two (62) acres, located in Silver Spring Township. The landowner of record for the tract is Laurel Pipe Line Company. :~',:, _""",;",..J ", ,<.. ';, .'. : __ "';'r ~.~ S0..~O{~g('-5 (P~70 CAfGJrskR~ AiGh ( p~ /7OSJ I - ~ 1..~~ ~ ,,' ,-, , , " , ,~ ," " -, ",'- ,"''''.8''',. ,".\-.: , ;;",;,,;;;C;;,,", " , "1 I', .. 3, Hoynitski made and submitted a conditional use application to the Board of Supervisors of Silver Spring Township (the "Board") on or about April 12, 2000. A true and correct copy of said conditional use application, which was designated by the Board as CU2000-2, is attached as exhibit A and incorporated here by reference. 4. After a meeting of the Board on July 26, 2000, said conditional use application was approved by the Board, but made subject to certain conditions that Hoynitski finds objectionable. 5, By letter dated July 28, 2000, notice of the Board's , conditional approval was mailed to Hoynitski, and it was received by him on July 31, 2000, A true and correct copy of said notice is attached as exhibit B and incorporated here by reference. 6. The Board's imposition of various conditions (identified below) was unlawful and improper, for the following reasons: A. Paragraph 1 of the Board's July 28 decision letter (hereinafter "decision letter") is unconstitutionally vague, and it does comport with applicable law. Moreover, no substantial evidence - 2 - .1 ~ . supporting the imposition of this condition has been adduced by the Board. B. Paragraph 2 of the decision letter is not in accordance with applicable law; moreover, no substantial evidence supporting the imposition of this condition has been adduced by the Board. C. Paragraph 4 of the decision letter violates Hoynitski's constitutional rights, is not in accordance with applicable law, including but not limited to the Municipalities Planning Code, represents a violation of procedural law, most particularly the Silver Spring Township Official Comprehensive Plan, which declares that the Township may engage in fair, yet purposeful negotiations with developers for the provision of transportation improvement projects where proposed developments impact existing on-site roadway segments and intersections, in that the contribution addressed by paragraph 4 relates to an off-Ritp. intersection. Moreover, no substantial evidence supporting the imposition of this condition has been adduced by the Board. ^ 3 - ,~ -,'-"-, S,' 0';: ,'"",,--,,,,',___,. ,:~_"'0'~"",~--"",,.;;-"; /-'."',,,,=/,-,,_,'\:;, -,'-1- -~;-'~~;{~;:~;:;'\- ~;-'. , 'OCI ""I ',,; -j--n ..~ -,- ~---'" . D. Paragraph 5 of the decision letter is not an appropriate condition, in that the requested information was previously provided on the revised plan submitted by Hoynitski. E. Paragraph 6 of the decision letter is unconstitutionally vague. Moreover, all information that can be provided by Hoynitski at this juncture has been provided. F. Paragraphs 7, 8, 9 and 11 of the decision letter are not in accordance with applicable law, in that the comments sets forth in these paragraphs are not conditions at all. Rather, these are merely recitations of the determinations that the Board necessarily made in approving Hoynitski's conditional use application. As such, these comments should not appear in a list of conditions pertinent to the approval of Hoynitski's conditional use application. G. Paragraph 12 of the decision letter is not in accordance with applicable law, in that it merely recites data provided by Hoynitski in the conditional use application. As such, this data has already been - 4 - ~~. ,-" <e' -- <"".' ~ - -,. ._.'-' _, _., '>_~_, 1.' ~_ _,0." ,_,<,.:', ..1 . considered by the Board in its approval of the conditional use application. H. Paragraph 13 of the decision letter is not an appropriate condition, in that the requested information was provided in connection with Hoynitski's conditional use application. I. Paragraphs 14, 15, 17, 18, 19, 20, 21 and 22 of the decision letter are not in accordance with applicable law, in that the various requests for information are appropriately submitted only in connection with a land development application during the land development phase. J. Paragraph 16 of the decision letter is not in accordance with applicable law; moreover, no substantial evidence supporting the imposition of this condition has been adduced by the Board. Indeed, the request for information relates to the existing auction operated by a company with which Hoynitski is associated, Harrisburg Auto Auction. This business property is located in another municipality within Cumberland County. Data regarding the existing - 5 - '-,-, "'"'c__ ~,j' -~ ,'"-' " -e,--,-- -',,c,"", ._,- ".'-- < -\k.- ,_o-;,-~' _< ' ." . operation of Harrisburg Auto Auction is inapposite to the conditional use sought here, in that the existing property is no longer adequate for the volume of business conducted by Harrisburg Auto Auction, which is the reason that the subject property is being sought as a new location for that business. K. Paragraph 23 of the decision letter is not in accordance with applicable law, in that comments, notably characterized as ncomments provided for informational purpose" by the Board, are not appropriate conditions to be imposed in connection with the approval of Hoynitski's conditional use application. Furthermore, the comments all relate to matters that are appropriately addressed by the Board only in connection with the land development application be be made by Hoynitski during the land development phase. WHEREFORE, petitioner-appellant respectfully requests this Honorable Court (1) to set aside the decision of the Board of Supervisors of Silver Spring Township, (2) to grant his conditional use application without imposition of the conditions - 6 - ci< ' ,~ ',~'~" "~'-'---- ~~", '-'<"-,'~~,",;;.- -, ",.:- ""''''.1' <..'-, C,-,.",,- -;-,-....;,--", c_",,;_ ~;-.f "_h_'~_, _:,,-~J:::1 . addressed above, and (3) to grant him such further relief as the Court deems fair and just. KEEFER WOOD ALLEN & RAHAL, LLP Dated: August 24, 2000 C~C;:-- By Charles W. Rubendall II Attorney I.D. # 23172 John A. Feichtel Attorney I.D. # 77426 Brenda L. Gacki Attorney I.D. # 75912 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010, 288-8005 and 255-8037 Attorneys for petitioner^ appellant, Stanley W. Hoynitski - 7 - ~;; ~ ' ,,~ , SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS APPLICATION FOR CON.OITIONAL USE NO. /Section 704/ - GENERAL INFORMATION Name 01 Applican1ls1 Sl'anley Hoynitskl AddtllSS ~12 Sarayo Circle HanI$/)urrJ. PA 17110 Telephone No. (717) ~s.0486 Application Date Name of landowner of Record LalK8l Pi/NI Une Company Subject Property Address no t;treet acklreli$ (vacant land on 'rellllCO Road)" April 12. 2000 Subject Property Zone 1-1, Lirlht (ndu$irfa( Requested Use (Section No. 107 ) Requested use is an auto auction, which is not a permitted use in any zoning district In the TownShip. See attached project description for more detail about the uSe. Name, address and telephone of representative or consultant Robert J. Fi#ler R.J. Fisher &: AssociatelS. Inc. 1546 Bridge Street Now Cumberland. PA 17070 (717) 774.7534 ADDITIONAL REOUIREMENTS IInclude 5 copies 01 each of the following). 1. Written reporl providing all 01 the inlormation required by Sections 701.2 and 701.3 of the Zoning Ordinance; (.nached) 2, Listing of names and addresses of adjoininq properly owners. including propertie, directly across a public right.o/.wav: (se. r.velS41 side) 3. Ground noor plans and elevations 0/ propo.ed .tructure.; (lIftached) 4. A scaled site plan of lhe site with .u/ficient detail and accuracy to demonsuate compliance with all applicable provisions 0/ the Zoning Ordinance; and (s" separa'e site plan drllWlnfls) 5. A written description of the proposed use in sufficient 10 detail to demonstrate compliance with all applicable provisions of the Zoning Ordinance, including the fallowing: (IIttached) A. Each of the Specific Criteria attached to the requested conditional use as listed in Article 4 of the Zoning Ordinance: B. The Zone telluirements in which the subject property is located [e.g.. setbacks. lot area. lot width. lot coverage, height, landscaping, etct C, The General Provisions requirements listed in Article 3 of the Zoning Ordinance (e.g.. vehicular access. off.street parking and loadio!!, signs. SCleening and landscaping. etc.); and O. Each of the Gelleral Criteria listed in Section 704.2 of the Zoning Ordinance, .l .k__ " -. " -'-;: - <- .- ~ ;' .--, '~\ __I , FE,SS 1. The healing fee for . ~onclitional us. is $ 4a:7. !ll- Ordinanc.. 2. The .pplicant .hiIU be required to pay all pubrrc notice and .dvenJsirJg costs 1$ specified in Sectians 704.5.3. 01 the Zoning Ordinance. 3. The .ppfi~ant shilH pay for olle.half 11121 of tha Sl""..pher' s a~aranee fee as specified in Set:tion$ 704.5.a. of the Zoning Otdinan~.. PUfSUlnl to Seclion 702 01 lhe Zoning SIGNATURE ------ . 411%.( z..,oo Oal8 AD,."NISTRA TION Cale Appfitation Accepted Total Com Oates Advertised llwo successive weeks no more than 30 and no less than 7 days before hearing) Propwly !lasting lat least one week before hearing) PllMing Commission S~bmissiDn Dale (no less than 3D days before pubfic huringl Planning Commission Hnri"1l Cate & Rl!t:ommendalion Dale of Hearing Date 01 Decision Decision Conditions of Approval Vi~ Ch"irman Secretary Chairmlln $ILSI'8 ,~ - _' _ ".,'~ _,i_ - " . CONDTIONAL USE APPLICATION NARRATIVE For HARRISBURG AUTO AUCTION To be located on Tcxaco Road, SilYel' Spring Township, Cumberland CoWlly, PA April 12, 2000 Prepared for the applicant by R.I. Fisher &. Associates, Inc. Introdlll:lion This Narrative accompanic.< and supplcmcnl< a two-sheet site plan prep:l1'ed by R.I. Fisher &. Associates. Inc. The purpose of this Narrative is to providc additional infonnation to any reviewer of this Conditional Use application. The site plan drawings alone can not convey the activity that is proposed on this site with this applic:>tion. This Narrative, along with the other accompllllying application materials, are intended to provide th" required information n=sary for teview and approval of 11 Conditional Use by Silver Spring Township. This Narrative and othcr "",plication materials may be updated ITom time to tiIm: by the appliC3Dt as it is reviewed by the Township. This Conditional Use application is necessary because this particular use is not expressly allowed or prohibited in any zoning district. Seclion 107 of the Zoning Ordinance specifies that in this situation a Conditioool Use application must be submiltcd and evaluated by the Toymship. Standards for Conditional Uses arc in Section 704.2 of the Zoning Ordimlllcc. Pro;e..t Location & Site Features The existing Auto Auction business location is on South York Street in Uppcr Allen Township, just outside of Mcehanicburg. The business wishes to expand, and thus relocate to lot #3 as shown on thc subdivision entitled "Final Subdivision Plan for Laurel Pipe Line Company, L.P_", as prepared by Hartman &. Associates, Inc. This 62.85-acre property i~ located along the north side of Texaco Road, on land zoned "Light Industrial"; see site plan sh""t 111 tor a location map. The property is currently a combination of meadow, cllltivated field, bmsh and woods; see sheet 112 of the site plan drdwings tor the existing conditions on and adjacent to the site, TIlere are no scnsitive cnvirorunentaI fcat"rcs on the site, such as wetlands, floodplain. or streams. Public water and sewage disposal is avaiL"ble along Texaco Road, Texaco Road is designated by the Township as a 'collector str""r. TIIC street ha.< excellent sight distance along its frontage of this site since thc road is generally straight and levcl. The PrQD(1.~ed u.~c See sheet # I of the site plan drawings fot a depiction of physical featuTCs proposed with this use. While the site plan shows vast expanse~ of parking and storage area, the auction of vehicles occurs only one day per week. generally between to A.M. and 3:00 P.M. on Thursday. This is the big day for aClivity of vehicles and visitors. All other days have sllbU" day-time activity. The auction is op"n only to invited dealers; it is never open to the general public, On TIlUrsda)'s there would bc appro~imately 180 employees on lhc site. On other days th"re may be 40 full-lime employees on the site. On Thursdays there may be 600 vehicle buyers and 200 vehicle sellers on the site. -'- Ln . Following are descriptions of tile Main areas as shown on sheet #1 oCthe site plan. Sales Dav Visitor Parkin" Area The large parking arua on the west sid<; of the property is for visitors and ernploy.x: parking on Thursdays. A shared driveWo>Y is proposed by widening the existing driveway to the Laurel Pumping Station. This location has abundant sight distance along Texaco Road. Internal landscaped strips will be provided to comply with the Subdivision Ordinance. Between the visilor parking and lhe auction site is an e"isling tree row betwccD rann field< that will be mostly retained, as a visual separator between the use areas. A swale will be created on the north side of the parking area that conve)'. lhc runoff in a surface flow to the proposed stormwater basin. Thc cast side of the property contains the actUal auction site, which consists of the following elements: Aooroach J.anc...from Texaco Road Vehicles proposed to be sold an; brought in to the Auction building via the proposed entrance off of Texaco Road, Vchieles arc slaCked in four (4) lanes to SO through the registration area (see thc building diagram). Abundant Slacking area is provided to ensure no slOpped Uaflic approaches the public strccL Once through registralion, the vehicles are parked in the storage lot behind the building. F.mnlovee and \l:isitor Parkin" for gff-peak days A pari<illg area outside of the main building and the fenced storage lot is provicJcd for tile off.. peak day use of employees and visitors. Landscaped areas will be provided within the parking area to comply with the Subdivision Ordinance. Auction Buildine This is the main activity center, with offices, restrooms, eating area, and the auction lanes_ During lhe Auction, buyers can ev"luale the vehicles as th~'Y pass through the multiph; lanes in the building, or from the lounge area which overlook.. the vehicle slorage area, ~toralle Parking Area for vehicles to be sold Vehicles are brought from tile storag" Jot to the building by cmployee drivers; no unauthorized visitors arc permitted in the storage an:a, and thc area is entirely ~"Ilcloscd with chain link fence with barbed wire. The paved storage lot shall be graded to tilt slightly to tlle basin, This will necessitate some removal of lhc existing high point in the field, Unsold vehiclcs arc Slllred in this lot until they are removed from the site, mostly likely by Tuesdays when the lot is filling with more cars to be sold. Rec.ol)ditioning Hu i Iding The Reconditioning; Building is for cleaninefwa..hing of the vehicles to be sold, It is locatcd out of the way of other activities. employees can bring the vehicles to and here directly from the <lorage lot. No chemicals or paint will be used here, Used water shall be discharged to the public sewer system, " , -H ~_ . St'1""Wliler Detention Area At the rear of the site is a largo surface area designated far sto""water detention, A dry surface basin will be created here, whicb will detain runall' fram the proposed Paved areas, and will be dcsigned jg comply with the Tawnship Sto""walor Ordinance. Discharge fram the basin will be 10 a swale in an existing drainage casement over 101111 of the S3I1Ie subdivision. This runaff' will then enter Hogestown Run an lot III. Most of the proposed development will be graded sa that runaff' will enter this basin. A swalc will be created 011 the north side afthe visitor parking area tbat conveys the runaff'in a surface flaw to the basin. The ston!gc lot shall be graded to tilt slightly to thc basin. 'This will necessitate somc rcmoval of the existing high point in the field. Miscellaneons Comments Cammunications within the site is donc mastly with hand held radios; there will be a loudspeaker system avaiIablc if necessary, bul it is nat regularly used except an sale days, Garbage from thc site activities shall be 8tored in one Iargc dumpster near the Auctian Building. which Will be emplied ance per week by a contracted trash hauler. Pale lights will be pravided an the exterior af the visitor and sales storage parking areas. Ligbts sball filce inward and down to the parking area. No fucl tank or fucl dispensing equipment is praposed. No vehicle repair will be done an thc premi$eS. Water and scwcr laterals will be: provided from the existing mains alang T<."Xaca Raad ta the proposed buildings. Coml1/iam:e Wit" Zoning ()rllinance SCCnlln 704.2 (Co"dnonctl UsesJ 704.2.1. requirement: "The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance" Comment: TIle purpose of dle 1-1 zon~ as outlined in Section 221.1. af the Zoning District speci lies in sentence #2 that whalesalc business<."S in valving .ub.talltial outdoor storage are :0.1"0 p:nniucd; the prapased use could be consideml similar to such. TIle proposed use is not a beavy industrial type use, or a use that necessitates commercial highway expasllrc ta the gencr..1 publie. Thcrcforc, the Light Industrial District seems thc appropriate zone far lhis use. The types of uses specifically listed in Section 221,2, are similar in land use character to the proposed use. 704.2.2. requirement; '7he proposed use shall not detract from the use and enjoyment of adjoining or nearby properties" Commenl: The Ordinance requires a 50-foot wide buffer yard against residential zones, wld such is provided an the site rlwl. In addition, the proposed use is set back ill the property to retain the bulk of the existing woods alang Texaco Road. When trees arc in leaf, the proposed u.e should barely be visible from the public street. I~ ~" ~ ,~ 704.2.3. requi19ment: "The proposed use will not effect a change in the character of the subject property's neighborhood" Conunent: 111is land is planned fOr and :wned for light industrial uses, and the Ordinance has various requirements that must be complied with befon: a use can be implemented. Consequcnlly, the proposed use must ~ere to the applicable regulations, and compliance would lie verified during the land devclopment plan review proce,'lS through the Township procedures. There should be no degradaLion of the neighborhood since this use is compatible wilb other uses permitted in the Ordinance, and with uses already present in the vicinity. In addition, the proposed use will largely be screened from odler properties, ~.,.pccjally since exisling tree rows and woo<llands will be mostly retained, 704.2.4, requirement: "Adequate public facilities are available to serve the proposed use (e.g. SChools, fore, pOlice and ambulance protection, sewer, water, and other utilitiu, vehicular access, ete,} " Comment: This site is already adjacent to public utiliLics which can easily be extendc:d into the site itself. The site is within the service area of Township fire, police and ambulance services. The proposed use has no particular a.'pects or hazards that would necessitate changes to the existillg servic~"'. 702.2.5. requirement: "For development within the Floodplain Zone, that the application complies with those requirements listed in Section 231 of this Ordinance" Comment: This site h<l$ no floodplain present. 702.2.6. requirsment: "The proposed use shall comply with those criteria specifiCfi/lly listed in Article 4 of the Zoning Ordinance. In addition, the proposed use must comply with all other applicable regulations of the Zoning Ordinance" Conunent: Article 4 has no criteria for the type of use proposed. Zoning requirements for the district arc shown on d.e site plan. The proposed design appears to con1ply with the Zoning regulations. 702.2.7. requirement: "The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan" This property is planned for light industrial devclopmenl in the Future Land Use Plan. Per the comments abovc, the proposed use seems compatible with a fieht industrial-type use as presented in the Zoning Ordinance, Compliance With Zoninl! Ort/inance Article 3 The only sections of this Article that aTe applicable to the proposed use are as follows: 301.1 for fences; 308,2 for vehicular access; and 313 {or outdoor signs. The proposed fence shown on the site plan can comply with section 301.1. Vehicular access is shown on the silc plan, and can easily comply with section 308.2. The driveway location and de..ign are nol complicated; such cic.ign details are nonnally provided on the land development plan to be reviewed and approved by the Township. Sign locations and design are not yet known, and will nol be dcvcloped unless lhis use is approvc:d for this site. Compliance with sign regulations can occur at the time of sign pertuit applic:1tion. -, , Landowners abullino the site or acroSS Texaco Road oar 4/1 0100 County TalC records Mary J. & Seth R. Sh8ri" 281 Woods Drive Mechanicsburg, PA 17055 Mark R. & Shirley Z. Basehore 2~J Woods Drive Mechanicsburg, PA 17055 Mar/( E. & Sherry L Potteiger 44 T"xaco Road MechanicsbU1g, PA 17055 Laurel Pipe Lin" Company clo Roy Haase, Jr., Manager 3900 Hamilton Boulevard Allentown, PA 1B103 Arnold Fuel Oil, tnc. P. O. Box 2621 Harrisburg. PA 17105 John E. Keener. 105 Texaco Road Mechanicsburg, PA 17055 Vincent E. & Randall A. Sgrigno/i 97 Texaco Road Mecnanlcsburg, PA 17055 Charles E. & Mary C. Bricker 93 Texaco Road Mechanicsburg, PA 17055 BSR Associates 81 Texaco Road Mechaniasburg, PA 17055 Nonnan Law & Diane Radcliff 1049 park Circle Mechanicsburg, PA 17055 Wayne E. & Kathleen M. Stevenson 219 Clearv/ew Drlv" Carlisle, PA 17103 William A. N"whatt & snawn M. Gallagher 81 Texaco Road Mechaniesburg, PA 17055 Frederick M. & Yvonne M. t::shleman 3 Blue Darter Lane Savannah, GA 31411 UPI Acquisition Corp. 61 Texaco Road MechanICsbut'g, PA 17055 '< LJ L~._:' . i a u' IE 0 r Ii; 0' Z' ... '" ~ r I I I 5 ! l5 8 !1~ ~ :s ~ 08 x <> n.. ~'j ~ u N~ ;> b '" ,., 1> .., 1> '" 1> '" 1> (;j I~ 70' Ww U ~~ ~""-Ui' j!::5'" .. ..~ ~.. ~tS.~_ ~ o "' E o i ~ .. law !!!=lo! f:1:51:: Q:I::O .,:z:.....- . <:.....~ ..:.~"'.,. .,r.. .:;"".", . "..- ~ . ...,-..... .<-~"f ~~.;....< , ,. ,. -" -I II< "' -l;; ... ~t5 'l '" I;; :> l;lg II< "0 Uz ~~ I ~ "' ~ ::> II< :r >- ~ l!5 . d'~ . '~,,"",.;.;.' ~ ... <-t. () -9 \I , - -, , , SILVER SPRING TOWNSHIP Wayne M. Pe<:hr. Chairman Jackie l!akin, Vice-Chairman Jan N. leBlanc William C. D,iJU) Maria L. Lewhs July 28, 2000 ~:~:~.-;:. :.,'~ :. Mr. Stanley Hoynitski 3812 S:::rayo Circle Harrisburg, PA 17110 RE: Conditional Use CU2000-2 Harrisburg Auto Auction Dear Mr. Hoynitski: The Silver Spring Township Board of Supervisors at its meeting held July 26. 2000 approv::d the above noted conditional use application subject to the following conditions: 1. The auction must be conducted inside of the proposed building with no exterior sound amplification systems so that sound will not affect neighboring property owners. 2. All trucks which are transporting multiple vehicles to the Harrisburg Auto Auction must access and exit the site via Route 114. 3. Hydrant and KNOX box systems must be provided. 4. A traffic impact contribution of$I44,263 shall be made to Silver Spring Township, The Silver Spring Township Subdivision and Land Development Ordinance, Section 402.05.6 and "Volume/Capacity Analysis at Critical Points" were used to determine the fair share amount. Specifically, the impact contribution was based on the proportional analysis of the tramc impact at the peak developrnent generated hour for roadways and major intersections (TexacolRoute 114, TexacolHempt, HemptIRoute 11) times the probable estimated cost of intersection improvements. S. Show off street loading spaces (701.2,D). 6475 Carlisle Pike + Me<:banicsburg, PA J7055.Z391 . (717) 7660178 . (717) 766.1696 FAX - ~ I , -- , "0" , , . Mr. Stal'ley Hoynitski July 28, 2000 Page 2 h, Provide engineering plans for the handling of noise, glare, air pollution, water pollution, vibration, fire hazards or safety hazards (70 1.3.5). Township must determine if proposed use is consistent with the purpose and intent of the Zoning Ordinance (704.2.1). The purpose is stated as follows: ...... "This Zone provides for small-scale, light industrial uses. In addition, ,___.__. __'" _. wholesale businesses involving substantial outdoor storage of unfinished , "materials are also permitted, Generally, the uses cited attemPfto create. .' and sustain Ii distinct light industrial character that differs from the heavier . industries and high traffic-generating commercial uses. Appropriate design standards have been imposed to prevent the blighted and over- developed small-scale industrial concentrations, characteristic of the older, ~mall-scale industries." ~. Township must determine if proposed use will detract from the use and enjoyrnent of adjoining properties (e.g. noise, traffic, glare) (704.2.2). <). Township must determine if proposed use will not effect a change in the character of the subject properties neighborhood (704.2.3). lO. Adequate public facilities must be available to serve the proposed use (704.2.4). Provide letter from providers stating that adequate facilities are available. II. Township must determine ifuse will substantially impair thc integrity of the Township Comprehensive Plan (704.2.7). The plan states: "Lill'ht industrial uses involve minimal outdoor storage, include a degree of professional office uses, and typically display a better than average level of maintenance and appearance. Required lot sizes should be kept small to accommodate start..up industries. Design standards imposed upon industrial sites should encourage functional, yet attractive, sites when viewedfrom adjoining properties and roads. Specific guidelines should be developed to manage outdoor storage, off-street loading and parking. signage, and require landscaping and screening. " 12. The traffic narrative indicates the following characteristics of the anticipated traffic: a. Non^auction day = 1185 trips per day. b. Auction day ~ 3470 trips per day; 404 trips in the peak hour (9:30 - 10:30 a.m.); between 245 trips per hour and 404 trips per hour from 9:00 a.m. to 4:00 p.m.. , .'>~', , . . . Mr. Stadey Hoynitski July 28, 2000 Page 3 c. Based on the existing information provided, 75% of traffic is anticipated to use the Texaco RoadIHogestown Road intersection, . d. Vehicles enter and exit the site throughout the night. ; 3. Provide justification for school volumes. Rcference was made to the study by Grove-Miller. Provide the appropriate figures from that study as support for the volumes represented, .:'" 14. The traffic narrative indicates having 1500 cars for auction, while the parking field contains 1716 spaces, Provide justification for the additional 216 spaces. 15. The traffic narrative indicates having 600 buyers, 200 scllers and 180 employees present during auction day for a total of 980 persons. The plan indicates 1297 parking spaces for employee and visitor parking. Provide justification for the 317 additional spaces provided. ; 6. Provide the following information regarding the existing auction: ,7. 18. 19, . 20. H, a. Parking spaces for auction vehicles; b. Parking spaces for employees/visitors; c. Current staff size; d. Size of current auction building, Provide a day-of-opening analysis for the development. Provide justification for the trip distribution, A survey of the existing buyers/sellers may be necessary to provide an accurate assessment of origins and destinations of the traffic. Provide analyses for the development peak hours, in addition to the peak hours of adjacent street traffic. New traffic counts for the mid-day period will be necessary. The traffic analysis and the plan have inconsistencies between them. Correct ..,ithcr the plan, the analysis, or both to provide agreement of the number of parking spaces to be provided. The proportional impact analysis provided appears consistent with peak hour impacts from this site. However, the hours of operation of this site (10:00 a,m.- 3:00 p.m.) causes the traffic to arrive and depart from the site outside the traditional peak hours of street traffic. Therefore, an analysis ofthe proportional impact during the peak hour of the site must be completed and included in the determination of the proportional impact, c ~~;, . ,. . Mr. Stanley Hoynitski July 2!:, 2000 Page 4 22. The hours of operation of the existing site (10:00 a.m. - 3:00 p.m.) causes the traffic to arrive and depart from the site outside the traditional pcak hours of street traffic. The traffic analyses submitted are based on the tramc characteristics of the existing site. Therefore, the hours of operation for the proposed site must remain the same as the existing site. If the hours of operation are changed, the traffic impacts will change. 23. The tollowing comments provided for infonnational purpose as a part of Conditional Use Application review and is not meant to be complete or exhaustive and may be subject to further comment on Land Development Application: a. A complete traffic impact study (TIS) will be required tor Land Development Application. b. Future land development plans must meet the requirements of applicable Township Ordinances. c. Stormwater Management Plan will be required for Land Developrnent Application. Site located in Act 167 study area therefore design must reflect requirements of study. d. Signage must meet Township regulations. e. Directional signage on site tratTlc control measures must be provided at time ofland development plan submission. f. Will "gray water" recycling be provided with car washing facilities? Clarify if "Gray Water" recycling will be used. Narrative says that it will not; but at rneeting on 5/24/00 it was stated that recycling would be utilized. g. Show circulation within site. h. Will two off street loading spaces be sufficient for proposed use? ---. ',-.' c, j . ,. . Mr. Stmley Hoynitski July 2:~, 2000 Page 5 If you have any questions, please do not hesitate to contact me. LSiliL William S. Cook Township Manager WSC/;<sd cc: Kelly K. Kelch, Assistant Township Manager R. J. Fishel' & Associates, Inc., Applicant's Representative > -d', '~" > ~ 'cj ,~ -~--.. ~-'-." ['~_w'''' '_,C' 1.__ ':'.' -,- ~c-~__ "",i,'!'-";' -- ,,_,-_____'__~,~ ,;-,~ 1'-(- ,.., ",,, _',. :,: . . . , CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for petitioner-appellant, hereby certify that I have served the foregoing paper upon counsel for respondent-appellee this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Steven A. Stine, Esquire Solicitor, Silver Spring Township James Smith & Durkin, LLP 134 Sipe Avenue Hummelstown, PA 17036 KEEFER WOOD ALLEN & RAHAL, LLP c~--.~ Charles W. Rubendall II By Dated: August 24, 2000 ""-'-' , =- - - -,,- '<,,- .,.)- . ~,,~ ,~" ~ , ~ .~ "__V, .' -:... """ ',-;''-.;;0<<' ,- ,'-'j.~~- -0-.;""'_ C'_ , ',,,,-.- .",,- ~~ -- ~ D b"'" ()>c. <:;U~ ~ --..t C? 'y- ," -*' r,,-t::: 0) YJ9 . cC;} <() (]' 0 l~ ~ r . "---' ',=- . . o ~,;~ < ~~; --<,' / ~S~: Zc; >c -7 S? C:J C;.::r :~~ C= :__;'J r'.,) v -:....) \0 -]1 ---; L) :i~~ ::0 --< e 1__,_ _ ":""'_~. cC_" 6. Si'---~' ~ I PS~ """"".....r..Al'lQ.l:1tL . I BlilGWi$Mb ....1Ii.. following serviCieS (lor an extra lee): 1. Cl Addressee'e Address ~ f 2. 0 Restricted Delivery I Consult postmaster for fee. 'I. , 4&, Article ~umb r. J , 4 . Service Type i o Regls\e",d . . Oertified II: o ExpressMaII 0 r~red !' o Retum R...lpt for Merchandise 0 COD 1 7. Date 01 Deliv.e ~ . -2.~-od l 8. Addressee's Address (Only if requl/SterJ t and fBfl is paid) ~ ~ I s 1 "and/Or 2 for-additional services. S~ 4a,_~d 4b. I It Prirlt , -.- and:addresB on the reverse of IhI8 fom180 that we can return Ihla I . ~;,~iOnnto u.. _ oftha mllilpl.... GlOP the back K 8p8C8 doeo not : . W'me -i=l.nJm RfJCfJIpt Rffquested"on the mallplBCf belpw the artlole number. . The Retum ReceIpt-will show to whom. the artfcle was delivered and the date den~red. Ii 3, Article.AddresserJ to: I Board of Supervisors, ei", ':',;1:' "..c j Silver Spring Township ~ 6475 Carlisle Pike Meeh, Pa 17055 5. Received By: (Print Name) jj ~~~~ M _ ", ". "-<i'~;,. ,~-- --0 If"(c Z 339 D64 10.69 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Ito &.. Certified Fee Special Delivery Fee Restricted Delivety Fee en 8l ReIum ReceIpt Showing \0 ..- Whom & Dale Delivered "5. Retum Receipt Showing 10 Whom, <(0aIe,&__ 8 TOTAL P-118 & Fees $ =1'_01_ ! 5~+ 8'- LQ-- CfJ a. .~ _ ~J '>- ,-'; IN THE COURT OF COMMON PLEAS OF STANLEY W. HOYNITSKI, VS. BOARD OF SUPERVISORS, SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA NO. 00~5852 CIVIL TERM WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: BOARD OF SUPERVISORS, SILVER SPRING TOWNSHIP We, being willing for certain reasons, to have certified a certain action between STANLEY W. HOYNITSKI ~VS~ BOARD OF SUPERVISORS, SILVER SPRING TaVNSHIP pending before you, do canmand 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 Common 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 Commonwealth. WITNESS, the Honorable George E. Hoffer, P.J. our said Court, at Carlisle, Pa., the 24th day of August llOOO. A Curtis R. Long, Prothonot~ ~fj ~~~=~ Deput Prothonotary . 1 .........{ ,.-; , '-'~ CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff v. CRAIG A. WERT, Defendant .=" ,,,,-~, ~'., 'h" . ' O. "'., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-5832 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 4th day of May, 2004, it is ordered and directed that the Order of Court dated May 3, 2004, previously filed in the above matter, is hereby amended to reflect that the Recorder of Deeds of Cumberland County shall strike the Sheriff s Deed conveying the mortgaged premises to Plaintiff, Chase Manhattan Mortgage Corporation, which was recorded on January 20, 2004, at Deed Book 261, Page 1560. In all other respects the prior order shall remain in full force and effect. 4istine M. Anthou, Esq. One Gateway Center Nine West Pittsburgh, P A 15222 -> Attorney for Plaintiff ~aig A. Wert 10 1 Water Street East Pennsboro, P A 17025 Defendant, Pro Se BY THE COURT, Cumberland County_ fw.,nd ~ Sheriffs Office 5Jbfctf :rc ),,-,;,,-' .i,__'~ - . .. 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