Loading...
HomeMy WebLinkAbout03-2711 1N THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF: ASSOCIATION OF CONCERNED CITIZENS OF WEST PENNSBORO TOWNSHIP, Appllants : No. O'5-- Civil Action From the decision dated May 8-9, 2003 Carlisle Borough Council, Appellee Land Use Appeal NOTICE OF LAND USE APPEAL Appellant, Association of Concerned Citizens of West Pennsboro Township (hereinafter "Association"), is a citizens' organization in Cumberland County recognized before the municipal agency from which this appeal is sought. Appellee, Carlisle Borough Council, with the address of 53 West South Street, Carlisle, Pennsylvania is a duly constituted Council acting under the Pennsylvania Municipalities Planning Code. This action is an appeal of a land use decision by the council rendered under the Pennsylvania Municipalities Planning Code involving a parcel of land located in Cumberland County giving this Honorable Court jurisdiction and venue. 4. The portion of the property within the Carlisle Borough is approximately twenty- seven acres. Opus East L.L.C., under contract with the landowners, Francis and Phoebe Bear, submitted a preliminary land development plan for approval before the Borough of Carlisle. 6. On or about January 2003, Opus East, L.L.C. withdrew its request for approval of their plan. 7. Subsequent thereto, Opus East, L.L.C. purported to assign their ownership interests in the plan to Francis and Phoebe Bear. On or about February 13, 2003, council for Francis and Phoebe Bear appeared before the Borough Council and offered what purported to be an assignment of the land development rights in the plan from Opus East, L.L.C. to Francis and Phoebe Bear. Pursuant to 53 P.S. §10619.1(b), development rights shall be conveyed by a deed duly recorded in the office of the recorder of deeds in and for the county in which the municipality whose ordinances authorized such conveyances is located. 10. On or about May 8-9, 2003, Carlisle Borough Council voted to approve the land development plan purported to be owned by Francis and Phoebe Bear. 11. To the best of Appellants knowledge and believe, no deed has been duly recorded in this matter. 12. Based upon the lack of a duly recorded transfer of property rights, the approval granted to the Bears of the land development plan is fatally deficient. WHEREFORE, Appellants request This Honorable Court to strike or vacate the approval of the preliminary land development plan pursuant to 53 P.S. 10619.1(b). Date: June 9, 2003 Res, Ja~, 36 ~ectfully submitted, P. Kutulakis ,uth Hanover Street Carlisle, PA 17013 35 East High Street Suites 201-202 Carlisle, PA 17013 CERTIFICATE OF SERVICE AND NOW, this g~,'7~ day of %~/Jf~g 2003, I, Jason P. Kutulakis, Esquire, of Abom& Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing document, upon counsel by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Hubert Gi]~oy 4 North Hanover St. Carlisle, PA 17013 Ed Scl;orpp 10 f. High Street Cadt'Me, PA 17013 Respectfully submitted, Aborn & Kutulatds, LLP. j;so P. ruth.s, Es . ID~No. 80411 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Association of Concerned Citizens of West Pennsboro Township Vs. Carlisle Borough Council 53 West South Street Carlisle PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2711 Civil Term WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND) TO: Carlisle Borough Council We, being willing for certain reasons, to have certified a certain action between Association of Concerned Citizens of West Pennsboro Township 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 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 9th day of June, 2003. CURTIS R. LONG Prothon~m7 ~ ~ {EC orsement Required) PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sulm~itted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl~e list the withinmatterforthenextArgt~entCourt. CAPTION OF CASE (entire captionmustbestatedin~]]) Association of Concerned Citizens of West Pennsboro Townshfp, Appellants Carlisle Borough COuncil, Appellee VS, Frances Bear and Phoebe Bear, Intervenors (Plaintiff) ( Defendant ) No. 03 - 2711 Civil 19 State matter to be ged (i.e., plaintiff's motion for new trim1, defendant's d~mm~-rer to c~,~laint, etc. ): Land Use Appeal Identify counsel whowJ]] argue case: Jason Kutulakis, Esq. (a) for plaintiff: 36 S. Hanover St. ;u%q~s: Carlisle, PA 17013 Nathan Wolf, Esq. 35 W. High St., Suite 201/202 Carlisle, PA 17013 e (b) for defendant: Edward L. Schorpp, Esquf Hubert Gilroy, Esq. A~ldress: 10 W. High Street 4 N. Hanover St. Carlisle, PA 17013 Carlisle, PA 17013 Attorney for Intervenors I w~ l I notify al I parties in writing within t~o days that this case has been ]~ted for argunent. 4. Argu~_nt Court Date: June~.16, 2003 July 23, 2003 Atforney for Intervenors ASSOCIATION OF CONCERNED CITIZENS OF WEST PENNSBORO TOWNSHIP, Appellants CARLISLE BOROUGH COUNCIL, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 03 - 2711 CIVIL ACTION _. : LAND USE APPEAL NOTICE OF INTERVENTION Pursuant to 53 P.S. §l1004-A, Frances Bear and Phoebe Bear, owners of the real estate which is the subject of the above captioned appeal, hereby intervene as a matter of course in the above action. Respectfully submitted, Hubert X. Gilrov. ES~lBA~toOu~.~~isr~rances and Phoebe Bear 4 North Hanove~ Strut Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 CERTIFICATE OF SERVICE AND NOW this /~ day of ~ t/~r- , 2003, I, Hubert X. Gilroy, Esquire, do hereby certify that a true and correct copy of the foregoing Notice of Intervention was placed in the United States Mail, First Class, Postage Pre-Paid and addressed as follows: Jason P. Kutulakis, Esquire Abom& Kutulakis, LLP 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Edward L. Schorpp, Esquire Martson, Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Nathan C. Wolf, Esquire Irwin Law Office 35 East High Street, Suite 201/202 Carlisle, PA 17013 Carlisle, PA 17013 ASSOCIATION OF CONCERNED CITIZENS OF WEST PENNSBORO TOWNSHIP, Appellants V. : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2711 CIVIL ACTION THE BOROUGH OF CARLISLE, Appellee and FRANCES BEAR and PHOEBE BEAR, Intervenors : LAND USE APPEAL RECORD AND NOW, comes the Borough of Carlisle, by and through its Solicitor, Edward L. Schorpp, Esquire, and files the record in the within Land Use Appeal as fi)llows: KEY Association: Appellants, Association of Concerned Citizens of West Pennsboro Township Bears: Intervenors and landowners, Frances and Phoebe Bear (includes predecessor in interest, Opus East, LLC) Borough: The Borough of Carlisle HRG: Bears' Engineer RECORD 2. 3. 4. 5. Revised Preliminary Plan for Opus East, LLC, dated 11-05-02. Revised Preliminary Plan for Opus East, LLC, dated 10-28-02. Revised Preliminary Plan for Opus East, LLC, dated 10-11-02. Preliminary Plan for Opus East, LLC, dated September 2002. Borough Council Meeting Minutes for May 8, 2003. 11. 12. 13. 14. 15. Correspondence from Borough: (A) 5-09-03 to Bears' counsel (Gilroy, Esq.). (B) 5-02-03 to Bears' counsel (Gilroy, Esq.). (C) 2-14-03 to Bears' counsel (Suhr, Esq.). (D) 2-06-03 to [Solicitor] Lulos, et al. (E) 11-07-02 to HRG. (F) 10-29-02 to HRG. (G) 10-18-02 to HRG. (H) %25-02 to HRG. Policy Briefing Summary of 4-30-03. Correspondence fi'om Bears: (A) 4~25-03 (Gilroy, Esq.) to Borough. (B) 2-13-03 to Borough. (C) 2-13-03 to Borough. (D) 2-12-03 (Dayton, Esq.) to Borough. (E) 1-12-03 (Dayton, Esq.) to Borough. (F) 11-12-02 (Dayton, Esq.) to Borough. Borough Council Meeting Minutes for February 13, 2003. Correspondence from Opus East, LLC: (A) 2-13-03 to Borough. (B) 1-06-03 to Borough and West Pennsboro Township. Correspondence from Lulos and Aiello to Borough of 2-06-03. Borough Council Meeting Minutes for December 12, 2002. Carlisle Borough Memorandum from Manager to Council and Mayor of 12-12-02. Correspondence from HRG: (A) 11-26-02 to Borough. (B) 10-29-02 to Borough. (C) 9-06-02 to Borough. Borough Planning Commission Meeting Minutes of 10-24-02. 2 16. 17. 18. Policy Briefing Summary of 10-17-02. Cumberland County Planning Commission Report of 10-17-02. Opinion and Decision of Zoning Heating Board of 3-06-02. MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Schorpp I. D. Number 17495 Ten East High Street Carlisle, PA 17013 (717) 243-2,341 Solicitor for Borough of Carlisle MINUTES CARLISLE BOROUGH COUNCIL, MEETING May 8, 2003 Vice-President Gossert called the meeting to order at 10:00 p.m. Councilor Scott led the invocation and Pledge of Allegiance to the Flag. After roll call by the Secretary, the following members of Council were present: Gossert, Heineman, Kronenberg, Rankin, Scott, Giordano, Student Ambassador Grant, and Mayor Wilson. Also present were: Manager Bean, Assistant Manager Moonis, Finance Director Graham, Public Works Director Keiser, Planning/Zoning/Codes Manager Womack, Solicitor Schorpp, and Secretary Armstrong. SCHEDULED CITIZENS TO BE HEARD CONSENT AGENDA On a motion by Councilor Giordano, second by Councilor Kronenberg, Council voted 6-0 to approve the Consent Agenda. .4. Minutes Public Safety Committee Meeting of April 7, 2003-Carlisle Productions Public Hearing of April 10, 2003-Zoning Ordinance Public Hearing of April 10, 2003-CDBG Action Pla~/2003 Budget Council Meeting of April 10, 2003 B. A~rroval of Bills and Investment Transactions Expenditures as of April 30, 2003: General Fund Water Fund Sewer Fund Parking Fund DARE Fund Self-lnsurance Fund Recreation Area Fee Fund Fort LeTort Fund Highway Aid Fund $510,203.22 $141,357.86 $330,587.54 $15,s97.69 $4,071.14 $3,r61.2o $o. oo $o. oo $o. oo C. Attendance Approvals: 1. Code Enforcement Officers, Michael Landis and Ray Allen, to attend a workshop on Masonry Requirements under the New Statewide Building Code, in York, Pennsylvania on May 21, 2003. 1 Sergeant McCoy and Officer Collare to attend the Community Policing Conference in Washington, DC from June 16 through June 18, 2003. Traffic Maintainer Gordon Sheriff to attend the International Municipal Signal Association (IMSA) Certification Training & Work Zone Safety/Traffic Signal Certification in East Windsor, New Jersey from June 23 through June 24, 2003. Manager Fred Bean to attend the Pennsylvania League of Cities and Municipalities (PLCM) 104th Annual Convention in Monroeville, Pent,sylvania from June 25 through June 26, 2003. Councilor Frank Giordano to attend the Pennsylvania League of Cities and Municipalities (PLCM) 104t~ Annual Convention in Monroeville, Pennsylvania from June 25 through June 27, 2003. Manager Fred Bean to attend the National League of Cities training titled, ~The High Performance Governing Body: Building Dynamic Couneil-Manager Relations" in Wichita, Kansas from June 27 through June 28, 2003. Councilor ~mothy Scott to attend the National League' of Cities training titled, "The High Performance Governing Body: Building Dynamic Council-Manager Relations~ in Wichita, Kansas from June 26 through June 28, 2003. ohce Officer Pat 0 Leafy to attend the Pennsylvania DARE Officer Conference in Altoona, Pennsylvania from July 7 through July 11, 2003. Treatment Plants Manager Peter Selan to attend the Water Works Operators Association of Pennsylvania 7~ Annual Convention in State College, Pennsylvania from August 3 through August 6, 2003. D. Historical Architectural Review Board: Approval of the following: A request by Dwight West representing Dickinson College for a Certificate of - Appropriateness at 249 W. Louther Street to remove the existing asphalt shingles and replace them with GAF, 30-year, pewter gray, architectural shingles with a new white aluminum drip edge. A request by Douglas and Rnehei Hoch for a Certificate of Appropriateness at 221 W. South Street to repair the slate roof and replace damaged gutter on the east elevation of the property with materials in kind. The applicant was granted an emergency permit due to water damage as a result of recent snowstorms. A request by John Hockensmith for a Certificate of Appropriateness at 114 N. Bedford Street to remove brick to the roof line, clean brick and rebuild and repoint the chimney to match its existing design. Matching brick will be used for original brick which has deteriorated beyond reuse. 2 A request by Jeffrey L. Williams on behalfofM&TBank for a Certificate of Appropriateness at I West High Street to remove one of two sets (the easternmost one) of existing first floor access metal stairs and handrails on the rear (north) elevation of the building and replace them with matching materials to include sizes, shapes and painted finish. E. Public SafetT Committee: 1. Approve the closure of A Street from North College Street to Ash Avenue on May 31, 2003 from 10:00 a.m. - 3:00 p.m. for the Carlisle Church of God to hold a street fair function. F. Public Works Committee: 1. Direct the Borough Solicitor to draft and advertise an amendment to Chapter 175, of the Code of the Borough of Carlisle, modifying §606.5 Water Distribution Pipe. REGUI,AR AGENDA TABLED~ CONTINUED, AND RECURRING ITEM~ 1. On April 10, 2003, Council tabled the adoption of a new Zoning Ordinance. [At the conclusion of the May 8, 2003 Public Hearing ,'~regarding the adoption of a new Zoning Ordinance) Councilor Kronenberg announced ;a continuance of said public hearing, which will take place on June 12, 2003 at 6:00 p.m.] REPORTS FROM lgLECTED OFFICIAI,~ A. President's Report 1. Council voted 6-0 to reappoint Michael Grant to a second one-year term as Dickinson College's Student Ambassador. Kronenberg/Giordano Council voted 6-0 to designate Councilor Giordano as 'the voting delegate for the PLCM Annual Convention, to be held in Monroeville, Pennsylvania from June 24 through June 27, 2003. Kronenberg/Heineman Furthermore, Council voted 6-0 to designate Mayor Wilson as the alternate voting delegate for the PLCM Annual Convention, to be held in Monroeville, Pennsylvania from June 24 through June 27, 2003. Kronenberg/Heineman After the following inquiry, Council voted 6-0 to apprc,ve a request for five thousand dollars ($5,000) to be paid from the Borough's Economic Development Line Item of the General Fund. Said funding will be used toward some of the associated costs for Phase II of the Carlisle Airport's Action Plan. Kronenberg/Heineman Councilor Kronenberg inquired whether South Middleton Township had, or will be, making a contribution to the Action Plan. Assistant Manager Moonis responded no. Councilor Scott announced that the Carlisle Airport had been awarded a sixty-thousand dollar ($60,000) grant by the Rendell Administration. Council voted 6-0, by roll call vote, to adopt an Ordinance (1989) which will allow Council in the future to waive all, or a portion of, building permit fees for taxing entities in Carlisle Borough. Kronenberg/Heineman After the following summarization, Council voted 5-0-~[, Councilor Heineman abstaining (due to a conflict of interest) to pass a Resolution (05-08-03-01) to participate in the Commonwealth's Keystone Opportunity Program for the Murata Business Center from January 1, 2004 through December 31, 2010, which will require 4 the Borough to exempt, deduct, abate, or credit, all local municipal taxes identified in Act 217 of 2002. Kronenberg/Scott Mr. David Black, Harrisburg Capital Region Economic Development Corporation (CREDC) summarized the Keystone Opportunity Zone Program (KOZ). Council was informed that KOZ has been recognized as a powerful economic tool in the Commonwealth of Pennsylvania. Furthermore, Council was instructed that similar tax exemption request(s) were, or would be, made to the C, ar~lisle Area School District, and the Commonwealth of Pennsylvania. Manager Bean inquired to the consequences if the Borough approved said Resolution and the Carlisle School District would disapprove CREDC's request. Mr. Black explained that all three taxing entities (Commonwealth of Pennsylvania, Carlisle School District, and the Borough of Carlisle) would need to approve the exemption request in order for the program to go forth.. Mayor Wilson asserted that the Murata Business Center was a beneficial educational tool for the youth. By granting tax assistance, the youth, and the School District, would benefit from the program. B. Mayor's Report Mayor Wilson proclaimed the week of May 18, 2003 as National Public Works Week for Carlisle Borough. By doing so, Mayor Wilson presented a Mayoral Proclamation to Public Works Director Keiser recognizing the Carlisle Borough Public Works Department. REPORTS FROM COMMITTEES Community Planning]QuAlltv of Life Committee Council voted 6-0 to direct staff to change the PR Hoffman Tract, known as Tract 3 on the deed dated February 8, 1998, and advertised as I~3' (Urban Industrial District) on th~ advertised draft zoning map to be retained to the current zoning of the property which is R-2 (Medium Density Residential). Kronenberg/Heineman Solicitor Schorpp clarified that the motion is not considered a zoning or rezoning matter, but merely a recommended directional tool for staff. 2. After the following discussion, Council took no action on the requests regarding the 100 Block of East High Street. Mr. Joseph Gaskin, 426 Arch Street, Carlisle, expressed his desire for garden apartments to be a Use Permitted by Right and that the R-4 Zoning remain. Ms. Gloria White, 151 East High Street, Carlisle, asked whether buildings currently utilized as apartments could be sold accordingly. 5 Solicitor Schorpp remarked that unless an abandonment topic would transpire, the answer would be yes. Councilor Scott inquired whether East High Street was in the Historic District. Councilor Gossert responded yes. Councilor Heineman questioned whether any provision exists for a zero setback lot line under the new R-5. Mr. Womack stated that the current setbacks call for twenty-five feet (25'). Councilor Heineman suggested that the area in question be changed to R-5. Student Ambassador Grant asked whether all designated R-5 areas are located within the Historic District; and if so, whether a provision could be written into the Ordinance regarding setbacks in an R-5 Zone, allowing for an Exception within the Historic District. Mr. Womack responded by giving background and design information on the R-5 District. It was noted that there was never a desire/intent by the Comprehensive Plan Committee to make lot sizes match the Zoning Distri,;t. Mr. Grant suggested that a provision be placed in the Ordinance to make the Historic District an Exception to the setbacks of R-4 currently in place. Solicitor Schorpp remarked that under law, the Historic District's sole purpose is a regulation of the exterior appearance of structures; insofar, as the proportions of the structure that can be seen from a public way. The Historic District does not regulate usage, setbacks, lot coverage, etc., thereby, Mr. Grant's suggestion would not be appropriate. Manager Bean clarified that the main policy issue d0e$ not the current building's use; only future conversion(s) of buildings. Public Works Director Keiser suggested that Borough Council send the matter back to the Carlisle Borough Planning Commission for a Zoning Ordinance change, independent to the new Zoning Ordinance. Council agreed and decided to allow the area to remain as currently proposed. Councilor Kronenberg inquired whether Borough Council desired making any changes to the G.S. Electric Tract I-2 Zoning. No action was taken. Council voted 6-0 to waive the requirement for a preliminary plan and waive the requirement for land dedicated to the 'Borough for public recreational purposes or a fee in lieu for Carlisle Housing Opportunities Corporation. Kronenberg/Heineman 6 Furthermore, Council voted 6-0 to approve a final subdivision plan submitted by Brehm-Lebo Engineering, Inc., on behalf of Carlisle Housing Opportunities Corporation to combine three existing lots into two new lots at 146, 148, and 152 W. North Street (R-4 Town Center Residential District) tbr the purpose of constructing one new dwelling on each lot; subject to signed conditions (attached to these minutes). Kronenberg/Heineman Council voted 6-0 to waive the requirement for a preliminary plan and waive the requirement for land dedicated to the Borough for public recreational purposes or a fee in lieu for Thomas A. and Connie R. Shultz. Kronenberg/Heineman In addition, Council voted 6-0 to approve a final subdivision plan submitted by Thomas A. Shultz and Connie R. Shultz to subdivide the property at 136, 138, and 140 East Liberty Avenue (R-4 Town Center Residential District) into three separate residential lots for the purpose of transfer of ownership. Kronenberg/Heineman Council voted 6-0 to approve a revised final subdivision/land development plan submitted by Brehm-Lebo Engineering, on behalf of Michael Joseph Acquisition Corporation, to subdivide the property into three lots, demolish approximately 200,000 square feet of the current mall structure, and construct a new Lowe's Home Improvement Store, along with associated improvements at East High Street and York Road (C-2 Shopping Center Commercial District) subject to signed conditions (attached to these minutes). Kronenberg/Heineman Council voted 6-0 to approve a request from Michael Joseph Development Corporation, to extend by ninety-four (94) days (until August 15, 2003) the deadline for recording the final subdivision/land development plan for the Carlisle Plaza Mall/Lowe's Home Improvement Store, which was approved by Borough Council on February 13, 2003. Kronenberg/Heineman After the vote, Councilor Kronenberg asked whether il; was the developer's desire to withdraw the Lowe's plan approved on August 8, 2002. Mm Brian Reisinger, Brehm-Lebo Engineering, Inc. responded yes. Solicitor Schorpp clarified that by withdrawing the plan approved on August 8, 2002, Lowe's relinquishes all rights to that approval. Mr. Reisinger affirmed. Councilor Kronenberg requested that the Borough Secretary ensure that the minutes reflect that the applicant withdrew the plan approved by Council on August 8, 2002 and relinquished all rights associated with the plan. After the following discussion, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to deny the waiver request for the preliminary Seven Gables Estates' subdivision plan. Kronenberg/Heineman 7 4 10. Additionally, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to approve a preliminary subdivision plan, submitted by Brehm-Lebo Engineering, Inc., on behalf of Seven Gables Estates, to subdivide a single five and 94/100 (5.94) acre tract (C-3 General Commercial) at the southeast corner of the intersection of Giant Lane and York Road (SR 74) into five (5) separate lots, three of which, are to be combined with existing lots and the :remaining two lots to be developed as separate lots; subject to signed conditions, recommended by staff, and attached to these minutes. Kronenberg]Heineman Manager Bean recommended that Borough Council treat the Seven Gables Estates' plan as a preliminary plan and to deny the preliminary waiver request. Solicitor Schorpp clarified that staff had recommended denial of the waiver request; yet, because there was a written waiver request to waive the preliminary plan, it is Borough Council's duty to take action on said request. In addition, Solicitor Schorpp advised Councilor Kronenberg to abstain from voting on the issue due to his active role on Orrstown Bank's Board of Directors. Councilor Kronenberg concurred. Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to grant a waiver to permit two driveways on a single street frontage at the intersection of Giant Land and York Road. Kronenberg/Heineman Furthermore, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict of interest) to approve a preliminary land development plan submitted by Brehm-Lebo Engineering, Inc., on behalf.of Orrstown Bank, for construction of an approximately three thousand one hundred ninety-three (3,193) squ~re foot banking facility, with drive through service, along with associated improvements, at the intersection of Giant Lane and York Road (C-3 General Commercial District); subject to signed conditions (attached to these minutes). Kronenberg/I-Ieineman After the following deliberation, Council voted 2-4 by roll call vote, to deny a request by Mr. and Mrs. Francis Bear, Councilors Gossert, Scott, Heineman and Giordano voting to deny, an additional 90 days to consider a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., c~n behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage, and distribution facility, and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm", along Allen Road (I-2 Light Industrial District). Motion denied. Rankin/Scott Mr. Hubert Gilroy, Legal Counsel for Mr. and Mrs. Francis Bear, requested that Council grant an extension of said plan for ninety (90) days. Councilor Kronenberg responded that it had not been Council's position to grant waivers on preliminary plan approvals. Mr. Gilroy responded that the property owner (Bear) currently has a Special Exception that was approved by Carlisle Borough's Zoning Hearing Board. The original developer has withdrawn and the property owners are seeking a new developer to proceed with the development of the property as authorized under the Ordinance and pursuant to the Special Exception. Primarily, the request was made in the event that the property owners (Bear) obtain a new developer/tenant and minor modifications could be made to the plan. Solicitor Schorpp reminded Borough Council of the Zoning Hearing Board's Condition to the Special Exception for the Bear Tract. Said Condition stated that the plan be filed within six (6) months at the granting of the Special Exception. Mr. Gilroy emphasized that the Zoning Hearing Board Decision is currently on appeal, with all conditions having been signed with respect to the Plan's approval, and that the Borough's Ordinance allows for said use. Councilor Heineman inquired to the difference(s) between the GS Electric Tract and the Bear Tract. Solicitor Schorpp replied that the GS Electric Tract was not granted a Special Exception by the Zoning Hearing Board; whereas, the Bear Tract had been granted a Special Exception by said Board, along with various Conditions attached to the Special Exception. Mr. Gilrey added that the GS Electric Tract currently has no plan filed. Councilor Heineman inquired to who actually possesses the Plan approval. Mr. Gilroy remarked that Opus East, LLC had filed the Plan and later withdrew; subsequently, conveying all rights of the Plan to the property owner (Bear). Councilor Rankin expressed his non-opposition for gr~mting the ninety (90) day extension request. Thereafter, Mr. Rankin made a motion to grant said extension; along with Councilor Scott's second. Mr. Nathan C. Wolf, 35 East High Street, Carlisle, expressed his dissatisfaction with the ninety (90) day extension request. Mr. Wolf requested closure of the Plan; requesting that Borough Council deny the extension request and ultimately the Plan. Mr. Bill Barker, Association of Concerned Citizens for West Pennsboro Township, stated that the Association had submitted a petition (containing four hundred (400) Carlisle residents' signatures) to West Pennsboro Township opposing the Plan. Mr. Barker addressed the community's health, safety, and welfare by requesting that Borough Council comra(ssion two studies (i.e., environmental and traffic). Council was instructed that under the Carlisle Subdivision and Land Development Ordinance, Article I Section 226.2, essentially provides that Borough Council require an environmental study, at the expense of the applicant, where a significant 9 environmental impact may result from the land development. In addition, Article I Section 226-19G provides that any truck terminal or industrial use of more than sixty thousand (60,000) square feet of total floor area (industrial space) is a use requiring a traffic study. Due to said Plan contemplating 352,800 square feet of ground space, along with excessive truck traffic, the rules mandate that a traffic study be performed. Mr. Barker emphasized that the Plan should not be approved until both studies are performed. In closing, Mr. Barker requested that the application be denied. Mr. Jason Kutulakis, Association of Concerned Citizens for West Pennsboro Township, requested that Borough Council deny the extension request. Mr. Kronenberg inquired whether a traffic and/or environmental study had been performed. Public Works Director Keiser responded that a traffic study had been performed as part of the preliminary plan submitted to the Planning Commission for its review. Mr. Keiser further stated that an environmental study had not been performed. In closing, Borough Council was instructed that the firm, who performed the traffic study, was available to answer questions. At this time, a roll call vote was taken on the extension request with subsequent denial by Borough Council. After the following remarks, Council voted 4-3, by roll call vote, Councilors Scott, Heineman, and Giordano dissenting, to approve a request for a waiver of required sidewalks along streets for the preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., on behalf of Opus East, LLC. Kronenberg/Heineman ~ In addition, CoUncil voted 4-3, by roll call vote, Councilors Scott, Heineman, and Giordano dissenting, to approve a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage, and distribution facility and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what-is known as the "Bear Farm~, along Allen Road (1-2 Light Industrial District); subject to all conditions recommended by staff with signed conditions attached to these minutes. Kronenberg/Heineman Mr. Gilroy stated that the Conditions of said Plan had! been signed; subsequently, requesting that Council approve the Plan and waiver. Mr. Heineman asked for legal direction on the I-2 Zoning District. Solicitor Schorpp explained that if Borough Council did not approve said Plan, then it is Council's duty to deny the Plan reflecting specific non-compliance issues of the Plan. 10 Mr. Gilroy interjected that the Plan must be considered under the Borough's existing Zoning Ordinance and that it would be inappropriate (or a basis for grounds of appeal) if denial is made due to the fact of the new Zoning Ordinance. Mr. Gossert asked for clarification on whether the buildings' sizes would need to remain within the parameters as stated in the motion. Manager Bean responded that the buildings' sizes would need to remain the same size. Mr. Gossert asked if the Plan was disapproved, could a developer file a new plan with a warehouse use on said property before the new I-2 Zoning could take effect. Solicitor Schorpp stated his doubtfulness. Furthermere, Mr. Schorpp advised Council that the developer had accepted all the Conditions imposed by staff/Council and that there were no provisions in the Subdivision Land Development Ordinance that the Plan had not complied. For that reason, Borough Council would not have a defense to a legal challenge on the denial of the plan/document as provided. Mr. Barker proclaimed that Borough Council had the authority to deny the plan under the Pennsylvania Supreme Court's ruling in three separate cases. Mr. Schorpp explained that the Supreme Court cases mentioned by Mr. Barker predated the Municipal Planning Code. Mr. Barker reiterated his previous request for a traffic study. Councilor Scott requested that information be furnished on the traffic study. Mr. Jim Snyder, Herbert Rowland & Grubic, Inc., explained that a traffic impact study had taken place when the plan was filed with the Pla~ming Commission. The study addressed the development (352,800 square foot distribution facility) and traffic on Allen Road and SR 11. The scope of the study was discussed with Borough staff and was found to be acceptable. Mr. Kutulakis expressed that the traffic study was flawed and should not be applicable. Mr. Scott questioned whether the issue could be tabled for thirty-one (31) days. Mr. Gossert responded no. Mr. Scott then questioned whether an extension could be granted for thirty-one (31) days; thereby, the new Zoning Ordinance would be in effect. Solicitor Schorpp replied that the new Zoning Ordinance could not affect the plan in question since it was filed under the Borough's current Zoning Ordinance, unless the applicants would choose to withdraw their old plan. 11 B. Emolovee Relations/Citizen Participation: 1. Council voted 6-0 to appoint Leo "Skip" Brownyard as the Borough's new Emergency Management Coordinator. Heineman/Gossert C. Finauce Committee: Council voted 6-0 to award the bids for bituminous and concrete materials as designated in the bid tabulation worksheet. The bid tabulation worksheet is made part of Council's action; and subsequently, is attached to these meeting minutes. Rankin/Heineman 2. Council voted 6-0 to award the bid received for the 2003 Street Recycling and Milling Program to Shore Slurry Seal, Inc. Rankin/Heineman 3. Council voted 6-0 to give written consent to the Cumberland County Tax Claim Bureau to sell the property parcel #02-20-1800-099A. Rankin/Giordano D. Public Safety Committee: Council voted 6-0, by roll call vote, to approve an Ordinance (1990), amending the Code of the Borough of Carlisle, adopted by Ordinance #1576, and thereafter amended, with respect to Chapter 244, Vehicles and Traffic, to create, a handicapped parking space on the north side of Graham Street. GosserffKronenberg E. Public Works Committee: Council voted 6-0, by roll calLvote, to approve an Ordinance (1991), amending Chapter 233, of the Code of the Borough of Carlisle, naming three (3) unnamed avenues. These avenues' names shall be known as: Gev. F. R. Shunk Avenue, Kruger Dairy Avenue, and Mills Avenue. Giordano/Scott Council voted 6-0, by roll call vote, to approve an Ordinance (1992), accepting portions of Logistics Drive and S. Shearer Drive, as public streets, including all municipal infrastructure improvements constructed as part of the Exel, Inc. development. Giordano/Scott NEW BUSINESS: 1. Ms. Dee Delp, 29 East I Street, Carlisle, thanked Borough Council for its receptiveness/cooperativeness regarding the cancellation of the Custom Compact Car Show. Ms. Delp stressed the need for the Carlisle Police Department to enforce the golf cart issue(s), and examine the loading/unloading issue(s) around Bryn Mawr Read. After the following request, Council voted 6-0 to appreve the possible encampment of Civil War re-enactors at the LeTort Park from May 16, through May 17, 2003 without a Certificate of Liability Insurance Certificate. Heineman/Scott 12 Assistant Manager Moonis requested that Borough Council either approve or disapprove a request made by Mr. Minich of North Bedford Street, Carlisle, regarding the possible encampment of Civil War re-enactors at the LeTort Park from May 16 through May 17, 2003. Borough Council was instructed that they would need to waive the park's 10:00 p.m. curfew if approval was granted. Solicitor Schorpp acknowledged that the Borough would be liable if a Certificate of Insurance was not produced by the re-enactors. Mayor Wilson explained that the re-enactors were a volunteer group whose roles would be portrayed in a movie. The movie would be funded through a grant; thereby, there would not be a Certificate of Insurance form available. REPORTS FROM COUNCIL MEMBERS: After the following announcement, Council voted 6-0, by roll call vote, to accept the recommendation of the Carlisle Chief of Police and Mayor Wilson (as outlined in the Police Chiefs letter of charges dated May 6, 2003) to dismiss Corporal Thomas L. Day, Jr., from the Carlisle Police Department. The letter of*charges are not to be made part of the public record of this meeting. Kronenberg/Heineman Mr. Kronenberg announced that an Executive Session had taken place on May 8, 2003 for the sole purpose of discussing personnel issues. Solicitor Schorpp advised Council to refrain from comment on the issue. Mr. James D. Buckley, 1237 Holly Pike, Carlisle, addressed the dismissal of Corporal Thomas L. Day, Jr. Mr. Buckley asked that two letters, authored by the Chief of Police, dated April 24, 2003 and May 6, 2003; respectively be made available to Borough Council. Mr. Buckley informed Council that he had responded (via letter) on May 7, 2003. After professing the dismissed police officer's respective disciplinary action(s) and allegation(s), Mr. Buckley requested that the six-page letter be entered into the record. In closing, Mr. Buckley requested that Corporal Day not be dismissed as requested by the Chief of Police and the Mayor. Solicitor Schorpp remarked that the Borough of Carlisle disagrees with the facts presented to Mr. Buckley (by Corporal Day), along with the conclusions presented at the evening's meeting, and disputes the allegations made by the police officer. Mayor Wilson stated his agreement for the dismissal. 2. Mr. Scott announced that a Parks and Recreation Committee Meeting would be held on May 14, 2003 at 6:00 p.m. for the purpose of discussing the skate park initiative. Mr. Gossert announced that a Joint Meeting would be held between Carlisle Borough Council, South Middleton Township, and North Midd]Leton Township on June 3, 2003 at 7:30 a.m. at the South Middleton Township Municipal Building. 13 REPORTS FROM STAFF None There being no further business, the Council Meeting adjourned at 12:05 a.m. on May 9, 2003. Susan D. Armstrong Borough Secretary (Seal) K~ett~ E. ~0'~se~/f Council Vice-Presi~n( 14 CONSENT TO FINAL SUBDIVISION PLAN APPROVAL WITH CONDITIONS Re: Final Minor Subdivision Plan 146, 148 & 152 W. North Street Staff recommends Borough Council approve the final minor subdivision plan, subject to the following conditions: Pursuant to § 226-19(8)h, the applicant shall modify the plan to show the sewer and water connections at the northwest corner of Lot 1 being capped at the curb stops, and shall include on the plan the available water and sewer connections that provide a perpendicular connection from the W. North Street mains directly to Lot 2. Pursuant to § 226-19J(1) of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough Solicitor, deeds of consolidation for changes in existing lot lines of existing tracts, parcels or lots. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance, the applicant shall document on the plan the Zoning Hearing Board decision granting variances for a minimum lot size of three thousand three hundred (3,300) square feet and a minimum lot width at the building setback line of twenty-five and 75/100 (25.75) feet for each lot. By signing below, I hereby attest that I have read the abow~ and do understand and accept these conditions for approval of the above referenced plan. Sig~~~epresentative · ~ Date Name of Applicant or Applicant's Representative Agreement- 146, 148. 152W North CONSENT TO FINAL SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS Re: Revised Final Subdivision/Land Development Plan Carlisle Plaza Mall/Lowe's Home Improvement Store East High Street and York Road Staff recommends Borough Council approve the final land development plan, subject to the following conditions: Pursuant to § 226-19JM of the Subdivision and Land Development Ordinance, the applicant shall document on the plan the Zoning Hearing Board decision granting a variance for a fifty (50) feet rear yard setback along the southern lot line of Lot 3 as shown on the plan (the Burger King tract). Pursuant to § 226-19J(1) of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough Solicitor, the proposed text of deeds for changes of existing lot lines of existing tracts, parcels or lots. Pursuant to § 509 of the Pennsylvania Municipalities Planning Code and § 226-20 of the Code of the Borough of Carlisle, the developer shall post the required financial security for all public improvements and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The amount of the required improvements shall include but not be limited to the cost of all public improvements and improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) ultimately issued. Subject to PennDoT approval, these improvements include, but are not limited to: the cost of new traffic signals at driveways 5 and 7; associated lane striping reconfiguration on Trindle Road to include left and right turn lanes between driveways 5 and 7; realignment of driveway 1; closing of driveway 6, signal timing modifications to York Road/Giant Lane traffic signal; and, reconfiguration of driveway 8 for right turn exit only. Pursuant to § 255-188D of the Carlisle Zoning Ordinance, at the time of recording the final subdivision/land development plan, the applicant shal! 'provide for recording with the plan, in a form acceptable to the Borough Solicitor, a signed, perpetual, non- exclusive easement for access between Lot 1 (the Plaza Mall lot), Lot 2 (the Lowe's lot) and Lot 3 (the Burger King Lot) as the lots are depicted on the final subdivision/land development plan, dated 4/4/03 which guarantees uses on each lot the right to use any shared driveways and parking. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Sighat~re dJ/Al~licant or Appli(Jant s Representative Name of Applicant or Applicant'~ Re~'~resentative Date Agreement - Carlisle Plaza Mall CONSENT TO PRELIMINARY SUBDIVISION APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDIVISION PLAN SEVEN GABLES ESTATES Staff recommends Borough Council approve the preliminary subdivision plan, subject to the following conditions: Pursuant to § 226-19A(4) of the Subdivision and Land Development Ordinance, the applicant shall ensure the final plan has the name, address, phone number and signature of all owners of property included as part of this subdivision plan. Pursuant to § 226-19A(7)(d) of the Subdivision and Land Development Ordinance, the applicant shall modify Note 7 on page 1 of the plan to reflect the documentation requiring Residual Lot 4 to be considered part of Lot 1 and shall show the name and owner, including the deed reference, for the lot identified as Residual Lot 4 on the plan. Pursuant to § 226-19A(7)(g), the applicant shall show all existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants, utility lines, curbs, sidewalks, signage, traffic control devices and other significant man-made features on or abutting the tract. Applicant shall ensure a water main in Giant Lane is shown on the plan. Pursuant to § 226-19J(1), the applicant shall provide for review, in a form acceptable to the Borough Solicitor, deeds of consolidation for changes in existing lot lines of existing tracts, parcels or lots. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance, the applicant shall, prior to recording the final plan, obtain approval of the plan from South Middleton Township or provide documentation that South Middleton Township has waived any and all Zoning and Subdivision and Land Development requirements for this plan. Pursuant to § 226-31B of the Subdivision and Land Development Ordinance, five percent (5%) of the tract or .297 acres, shall be dedicated to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31C of the Subdivision and Land Development Ordinance and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31E, accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $4,455.00 payable prior to recording the final plan. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant or Applicant's Representative Date Name of Applicant or Applicant's Representative Agreement -Seven Gables CONSENT TO PRELIMINARY DEVELOPMENT APPROVAL WITH CONDITIONS RE: FINAL MINOR LAND DEVELOPMENT PLAN ORRSTOWN BANK GIANT LANE AND YORK ROAD Staff recommends Borough Council approve this plan as a preliminary land development plan, subject to the following conditions: Pursuant to § 226-19A of the Subdivision and Land Development Ordinance, the applicant shall modify the title of the plan to reflect the plan as a "Preliminary Land Development Plan." Pursuant to § 226-19A(7)(d) of the Subdivision and Land Development Ordinance, the applicant shall modify Note 7 on page 1 of the plan to reflect the documentation requiring Residual Lot 4 to be considered part of Lot 1 and shall show the name and owner, including the deed reference, for the lot identified as Residual Lot 4 on the plan. 3. Pursuant to § 226-19A(7)(g) of the Subdivision and Land Development Ordinance, the applicant shall ensure the plan shows all existing building, sanitary and storm sewers, water mains, culverts, fire hydrants, utility lines, curbs, sidewalks, signage, traffic control devices and other significant man-made features on or abutting the tract. Applicant shall ensure the plan shows all traffic control devices and traffic signage, to include street markings on the final plan. 4. Pursuant to § 226-19K of the Subdivision and Land Development Ordinance, the applicant shall provide an erosion and sedimentation control plan pursuant to all applicable statutes, regulations or rules and evidence that the complete applications have been submitted for any required erosion and sedimentation control permit. Pursuant to § 226-19L of the Subdivision and Land Development Ordinance,_th_e applicant shall provide a stormwater control and discharge plan pursuant to applicable laws, regulations or rules, and evidence that complete applications have been submitted for any required stormwater discharge permit to the County conservation District Office or DEP. Pursuant to § 226-23K(1) of the Subdivision and Land r'~evelopment Ordinance and Borough of Carlisle Public Works specifications, the applicant shall modify the plan to reflect concrete driveway aprons for all approved driveways. Pursuant to § 226-23K(3)(b) of the Subdivision and Land Development Ordinance, the applicant shall modify the plan to reflect the northern driveway to the property be "Exit Only" and shall include on the plan all necessary and appropriate signage for traffic movements from all driveways. Agreement -Orrstown Pursuant to § 226~23K(6) of the Subdivision and Land Development Ordinance, the applicant is encouraged to show any proposed future access across Lot 1 to Lot 2 and to provide the required agreements for rites of ingress, egress, maintenance, repair and other relevant matters pertaining thereto. By signing below, I hereby attest that I have read the above, and do understand and accept these conditions for approval of the above referenced plan. signature of Applicant or Applicant's Representative Date Name of Applicant or Applicant's Representative t REVISED CONSENT TO PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDMSION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) (1.2 LIGHT iNDUSTRIAL DISTRICT) Staff recommends Borough Council approve the preliminary subdivision/land development plan, subject to the following conditions: Pursuant to §226-19A(22) of the Subdivision and Land Development Ordinance, the applicant shall change the Borough Council signature block on the cover page of the plan to read, "Approved this (date) day of (month), 2002, by the Borough of Carlisle Council,' and shall have signature blocks for the Borough Council President and Secretary. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed bythe owner or applicant. Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall modify note 16 on page 6 of the plan to exclude from dedication to the Borough the private force main along Allen Road from the access drive to manhole 2, and shall eliminate General Note 10 on page 5 of the plan. Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a forrrt acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicated to the Borough and appropriate easement agreements for all public utility and other easements shown on the plan. 5 Pursuant to §226-19A(19) o[ the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the plan:shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable tel_evision and storrnwater catch basins and lines. The size of each line shall be - - shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements, such details to include: · Minimum separation between water and sewer mains shall be ten (10) feet to include the mains where they cross Allen Road. Three water main valves are required at the tee at the intersection of Alien Road and intedor drive. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 ~)f the Subdivision and Land Development Ordinance. Pursuant to § 226-31 B of the Subdivision and Land Development Ordinance, five percent (5%) of the tract or 1.38 (one and 38/100) acres, shall be dedicatecl to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31C of the Subdivision and Land Development Ordinance and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant aa established in Section 226-31 E, accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreatippa[ purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $27,600.00 payable prior to recording t~e final plan. By signing below, I hereby attest that I have read the above and do understana and accept these conditions for approval of the above referenced p!~n. - Signature of Applicant ~r Applicant s Representative --- ' Date ~l~n~ ~-~-~p]~nt or Applicant's / BOROUGH OF CARLISLE May 9, 2003 "Committed To Excellence In CotmnuniO, Service" Hubert X. Gilroy Attorney at Law 4 North Hanover Street Carlisle, PA 17013 PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT, OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) Dear Hubert: On Thursday, May 8, 2003, Borough Council approved the above referenced preliminary subdivision/land development plan. This approval was subject to conditions you accepted prior to approval, a copy of which is attached. Please ensure any tinal plan submitted incorporates all issues identified in the conditions. Please don't hesitate to call if you have questions or need additional information. Planning/Zoning/Codes Manager cc: Project File 0509-9 53 West South Street, Carlisle, PA 17013 Tel. (717) 249-4422; Fax (717) 249-2932 REVISED CONSENT TO PRELIM/NARY SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD ('THE "BEAR" TRACT) 1'7-2 LIGHT INDUSTRIAL DISTRICT) Staff recommends Borough Council approve the preliminary subdivision/land development ptan, subject to the following conditions: Pursuant to §226.19A(22) of the Subdivision and Land Development Ordinance, the applicant shall change the Borough Council signature block on the cover page of the plan to read, "Approved this (date) day of (month), 2002, by the Borough of Carlisle Council," and shall have signature blocks for the Borough Council President and Secretary. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or appliosnt. Two (2) copies of the plan shall be signed bythe owner or applicant. Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall modify note 16 on page 6 of the plan to exclude from dedication to the Borough the private force main along Alien Road from the access drive to manhole 2, and shall eliminate General Note 10 on page 5 of the plan. Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a for~ acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicated to the Borough and appropriate easement agreements for all public utility and other easements sho,vn on the plan. 5 Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile o~' ;all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility tines proposee to be above ground shall be noted as such. Applicant shall show such details for the proposed imprcvements, such details to include: · Minimum separation between water and sewer main.., shall be ten (10) feet to include the mains where they cross Alien Road. · Three water main valves are roe u/red at the tee at the intersection of Allen Road and intedor drive. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway eccupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, pdor to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. Pursuant to § 226-31 B of the Subdivision and Land Development Ordinance, five percent (5%) of the tract or 1.38 (one and 38!100) acres, shall be dedicated to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31C of the Subdivision and Land Development Ordinance and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31 E, accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $27,600.00 payable prior to recording the final plan. By signing below, I hereby attest that i have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant ~r Applicant s Representative -~l~'~n~' ~-~-~'~nt or Applicant's R~)reseTit~/e / Date BOROUGH OF CARLISLE May 2, 2003 "Committed lb Excellence In Community Service" Hubert X. Gilroy Attorney at Law 4 North Hanover Street Carlisle, PA 17013 PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT, OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) Dear Hubert: The above plan, along with your letter granting Council an extension of the time to act on this plan, have been forwarded to Borough Council for consideration at its meeting on Thursday, May 8, 2003. The meeting will be held at 8:00 p.m. in the Municipal Building, 53 W. South Street, Carlisle, Pennsylvania. You, or another applicant's representative should be in attendance at this meeting for the request to be considered. At this meeting, Council will discuss your request for an extension and/or final resolution of the plan. Please review the conditions recommended by staff for approval of this plan and if you agree to these conditions, please execute the enclosed consent form and return it to me prior to the meeting. In addition, staff is recommending approval for a waiver for required sidewalks along streets for this development Please do not hesitate to call if you have questions or need additional information. Sincerely, Kenneth W. Womack Planning/Zoning/Codes Manager Enclosure cc: Project File 0502-1 53 West South Street, Carlisle, PA 17013 Te[. (717) 249-4422; Fax (717) 249-2932 CONSENT TO PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) (I-2 LIGHT INDUSTRIAL DISTRICT) Staff recommends Borough Council approve the preliminary subdivision/land development plan, subject to the following conditions: Pursuant to {226-19A(22) of the Subdivision and Ls~nd Development Ordinance, the applicant shall change the Borough Council signature block on the cover page of the plan to read, "Approved this (date) day or (month), 2:002, by the Borough of Carlisle Council," and shall have signature blocks for the Bo~-ough Council President and Secretary. Pursuant to {226-19A(5) of the Subdivision and Lar, d Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to {226-19A(16) of the Subdivision and L~[nd Development Ordinance, the applicant shall modify note 16 on page 6 of the plan to exclude from dedication to the Borough the private force main along Allen Road from the access drive to manhole 2, and shall eliminate General Note 10 on page 5 of the plan. Pursuant to {226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a form acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicated to the Borough and appropriate easement agreements for all public utility and other easements shown on the plan. Pursuant to {226-19A(19) of the Subdivision and Ls~nd Development Ordinance and the Borough of Carlisle Public Works Specifications,. the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each tine shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements, such details to include: · Minimum separation between water and sewer mains shall be ten (10) feet to include the mains where they cross Allen Road. · Three water main valves are required at the tee at the intersection of Allen Road and interior drive. Agreement - Opus Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the PennsyIvania Department of Transportation (Penn DOT). Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant or Applicant's Representative Name of Applicant or Applicant's Representative Date COMMUNITY PLANNING & QUALITY 017 LIFE COMMITTEE POLICY BRIEFING SUMMARY RE: PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) (I-2 LIGHT INDUSTRIAL DISTRICT) Date Prepared: Prepared By: Proposed Meeting Date: Deadline for Action: April 30, 2003 Kenneth W. Womack May 8, 2003 May 21, 2003 I. Request/Issue Needing Borough Council Action Borough Council may consider accepting a request by Mr. and Mrs. Francis Bear to grant Council an additional 90 days to consider a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc. on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage and distribution facility and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm" along Allen Road (I-2 Light Industrial District). Or, in the alternative: Borough Council may consider a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc. on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage and distribution facility and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm" along Allen Road (I-2 Light Industrial District). In addition, Borough Council may consider a request for a waiver of required sidewalks along streets for this development. Borough Council must act on this plan by May 21, 2003, or accept the applicant's extension of the time to render a decision. IL Current Policy and/or Practice The Carlisle Borough Subdivision and Land Development Ordinance requires the Planning Commission to examine the proposed plat and supporting information and to provide written recommendations to the Borough Council within 45 days of completion of the Planning Comrrfission's review or within such lesser period of time as may be necessary for the Borough Council to render a timely decision. Borough Council shall render a decision and communicate it to the applicant not later than 90 days from the date of the next regular scheduled Planning Commission meeting following the date the application is filed. After reviewing the plan, Council may approve the plan, approve the plan with conditions, or disapprove the plan. Failure of the Council to render a decision and communicate it to the applicant within the tin'... and manner reouired shall be deemed an approval of the aonlication, in terms, as presented, unless the aoolicant has a~reed, in writine, to an extension of the time. When the application is denied in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon. Section 255-89 of the Carlisle Zoning Ordinance permits warehousing, storage and distribution as a use permitted by right within the 1-2 District provided the use is developed within a planned industrial development (PID). Section 255-87 of the same ordinance requires that a planned industrial development be approved as a special exception by the Zoning Hearing Board. Section 255-95 of the Carlisle Zoning Ordinance provides the standards for a planned industrial development in the I-2 district. Section 226-14 of the Borough's Subdivision and Land Development Ordinance states the "Borough Council may grant a modification of the requirements of one (1) or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest, and that the purpose and intent of the ordinance is observed." II1. Other Background Information On March 6, 2002, the Carlisle Zoning Hearing Board approved a request by Opus East, LLC, for a special exception to construct a warehouse, storage and distribution facility, along with an additional facility on approximately 27.5 acres of the Bear Farm located along Allen Road in Carlisle Borough. This 27.5 acres is part of a total tract of approximately 298 acres, the balance of which is located in West Pennsboro Township. The Zoning Hearing Board approved this application subject to the condition: This decision is expressly conditioned upon no more than 200 tractor trailer trucks, as currently defined for use in §255-178(A)(46) of the Carlisle Zoning Ordinance, emanating from the two lots to be developed on the Borough portion of the property, both separately and taken together. In addition, the ZHB included the following language in the Order of due Board: Any use of the Borough portion of the property as a Gateway Use, to or from the Township portion of the property, is a different or additional use. Because any such Gateway Use would constitute a significant change from that sought, by the Applicant, in the instant application, a new application, seeking to use the Borough portion of the property as a Gateway Use, will be required. The special exception approval is the subject of a legal challenge in the Cumberland County Court of Common Pleas, specifically that the ZHB Committed an error of law as it relates to the paragraph above concerning use of the property as a Gateway Use. There are currently no heatings scheduled as a result of this appeal. At the Council meeting on February 13, 2003, Council received notification that the original ~quitable owner of the property and the applicant for this plan, Opus East LLC, ihas terminated its interest in the property and that Mr. and Mrs. Bear are now the owners of the rights to this preliminary subdivision/land development plan. At the time, the deadline for approving the plan was February 20, 2003. Based on a request from the Bears, the Council agreed to delay action on the plan with a new deadline of May 21, 2003. The Bears have now requested (Attachment 2) that Council delay acticm on the plan again for another mnety (90) days as they seek another developer for this plan. The issue before Council is whether or not to delay action on the plan as requested by the Bears or to take action on the plan at this time. The proposed plan calls for subdividing approximately 27.6 acres front the total tract and creating two separate lots of approximately 23.7 acres (Lot 1) and 3.9 acres (Lot 2) and to construct a 352,800 square feet warehouse, a proposed four thousand (4,000) square feet additional building, access drive, off-street parking and loading facilities, stormwater management facilities and other improvements on the newly created lots. The property is zoned 1-2 Light Industrial District. The minimum tract size for a PID is ten (10) acres and the minimum lot area for each lot is one (1) acre. For each lot, the 1-2 district requires a forty (40) feet minimum building setback along an arterial street (Allen Road is an arterial street) and twenty-five (25) feet side and mar yard setbacks. The paved area setback is seventy-five (75) feet from an arterial street, twenty-five (25) feet from the property line of an abutting residential iJse or district, and five (5) feet from all other property lines. Maximum building coverage permitted is si~:ty percent (60%) and maximum impervious coverage permitted is seventy-five percent (75%). In addition to the above requirements, Section 255-93A of the Carlisle Zoning Ordinance requires any area routinely used for the movement, parking, storage, loading and unloading of tractor-trailer trucks or trailers of tractor-trailer combinations or any refrigerated trucks shall be set back a minimum of two hundred feet (200) from any lot line of any residential lot and from any residential district boundary. This two hundred (200) foot setback may be reduced to one hundred twenty (120) feet minimum if an earthen berm is used which meets specific ordinance criteria. In addition, § 255-92A(4) of the Zoning Ordinance, by reference to § 255-171, requires that all paved areas in the I-2 District shall be screened with a visual barrier composed of plants and trees arranged to be intended to reasonably form a complete visual screen within four (4) years of installation. The required screen shall be composed of evergreen trees at least four (4) feet in height and planted in two (2) parallel rows with a six-foot minimum distance between the trunks of each of the plants measured in one continuous direction. The proposed plan appears to meet the above conditions, subject to the Z/lB condition which states that no mom than 200 tractor trailer trucks, as currently defined for use in !}255-178(A)(46) of the Carlisle Zoning Ordinance, emanating from the two lots to be developed on the Borough portion of the property, both separately and taken together. The applicant has requested a waiver of requirements to install sidewalks along streets for this development (Attachment 3). IV. Financial Impact on Budget The borough received a filing fee of $1,779.87. V. Board, Commission, or Agency Review On March 6, 2002. the Zoning Hearing Board granted a special exception for a planned industrial development subject to the condition noted above. The plan was submitted to the Cumberland County Planning Commission on September 12 and a revision of the plan was forwarded to the County Planning Commission on October 14. On October 17, 2002, the Cumberland County Planning Commission voted unanimously to recommend the plan be disapproved (See Attachment 4). On October 24, 2002, the Carlisle Planning Commission voted 3-2 to recommend Borough Council deny approval for this preliminary subdivision/land development plan (see attached Planning Commission Minutes - Attachment 5). VI. Staff Recommendation and Reason(s) The issue before Council is whether or not it wants to go ahead with action on the proposed plan or delay action at the request of the property owner. On the one hand, the proposed plan meets the requirements of the Subdivision and Land Development Ordinance and the current Zoning Ordinance, subject to seven (7) 3 conditions. Assuming the Council passes the proposed new Zoning Ordinance with the recommendation that warehousing/storage/distribution be eliminated in the I-2, this plan would be protected under the old ordinance and would protect the property owner's interest in this use. At the same time, no substantial changes could be made to the proposed plan without submitting a new plan which would have to meet the new Zoning Ordinance as well. For this reason there appears to be little reason to delay action on the current plan at this time. Should Borough Council decide to act on this plan, staff makes the following comments and recommendations: Borough staffrecommends a waiver for required sidewalks along streets for this development. Because Allen Road is a major medal, pedestrian traffic is discouraged along this highway. Due to the nature and location of the overall development as currently proposed, pedestrian traffic is not desired nor encouraged at this time and the waiver for sidewalks is appropriate. Because this is a major arterial, pedestrian traffic is discouraged along this highway and the lack of a sidewalk along Ritner Highway will have no other adverse impact on the development. Staff is recommending approval of this plan with conditions but not without sharing the same and/or similar concerns expressed by the Borough's Planning Commission and the County Planning Commission. Unfortunately, since this plan was filed under the current ordinance and, with the exception of the conditions listed below, meets the requirements of the ordinance, it is difficult to recommend disapproval of this plan. The key question for Council is whether you want to grant an extension to give the developer time to market this property. Staff feels that it is best to "hit this issue head on" and go ahead and approve this plan with conditions and put the burden back on the Bears to develop the property. With that said, if Council feels that an extension if warranted, we certainly could support that policy issue since it also has merit as an alternative to approving the plan. Therefore, staff recommends approving a waiver for sidewalks along streets for this development and approval of the plan with the following conditions: Pursuant to §226-19A(22) of the Subdivision and Land Development Ordinance, the applicant shall change the Borough Council signature block on the cover page of the plan to read, "Approved this (date) day of (month), 2002, by the Borough of Carlisle Council," and shall have signature blocks for the Borough Council President and Secretary. 2. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. 3. Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall modify note 16 on page 6 of the plan to exclude from dedication to the Borough the private force main along Allen Road from the access drive to manhole 2, and shall eliminate General Note 10 on page 5 of the plan. Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a form acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicated to the Borough and appropriate easement agreements for all public utility and other easements shown on the plan. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details [or the proposed improvements, such details to include: · Minimum separation between water and sewer mains shall be ten (10) feet to include the mains where they cross Allen Road. · Three water main valves are required at the tee at the intersection of Allen Road and interior drive. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. VII. List of Exhibits Attached: 1. Copy of the plan, dated September 2002, revised 11/15/02 2. Hubert X. Gilroy Letter, April 25, 2003 3. Herbert, Rowland & Gmbic, Inc. Letter, October 16, 2002 4. Cumberland County Planning Commission Subdivision/Land Development Review Report, 10/17/02 5. Planning Commission Meeting Minutes, October 24, 2002 TI~I,~,'~VI¢~: (717) 2434574 FACSl~IrI~: (717) 243-8227 jb rOuJ osebroujOsgth'oy,com hgtlroy~brouj osgilroy, com ]qON-TOLL POR ~iA~IU~BURG 717-766-1690 April 25, 2003 Kenneth W. Womack Borough of Carlisle 53 West South Street Carlisle, PA 17013 RE: Extension of Time for Plan Approval / Opns East, LLC Plan / Mr. an d Mrs, Francis Bear Dear Ken: I am representing Mr. and Mrs. Francis Bear with respect to the above .referenced matter. We are currently in negotiations with another developer who we antidpate will undertake the finalization of the above referenced land development plan. Pursuant to your letter of February 14, 2003, council must take action on this plan no later than May 21, 2003. On behalf of the Bears, we request a 90-day extension on ~his plan. We hereby waive any time requirements that would be applicable under the MPC that would relate to this extension. Please present this matter to Borough Council at it's meeting on May 8. If you feel that I or another representative of the Bears needs Jo be in attea~&~nce, please advise. Sincerely yours, ~c: Mr. and Mrs. Francis Bear Ronald M. Lucas, Esquire Engineering & Related Services Mr. Ken Womad~ Zoning Officer CaAisle Borough 53 West South Street Carlisie, Pennsylvania 17013 October 16, 2002 369 East Park Drive Harrisburg, PA 17111 (717) 564-1121 FAX [717) 564-I 158 BOROUGh' 0~ Ct,;y Preliminary Subdivision and Land Developmeat Application Opus East- Bear Property Carlisle Borough, Camberland Count5,, PA Dear Mr. Womack: As part of the preliminary apphcation for the above referencedproject, the applicant requests a'waiver of the requirement to install sidewalks as requ/red by section 226-33 of the sulidMsion ordinance. Due to the nature of development and the location of the facility, it is proposed that pedeslxian trsl~ie ks not desired and sidewalks should not be installed. Please feel free to contact me if you have any commonts or quesl~ons or require further mfonnafion regarddng tiffs application, ri'hank you. .Siacerely, Herbert, Rowland & Grubic, lLuc~ Andrew M. Kenworthy, P.E. Regional Sendce C~oup Manager Am~ss 2472.001 (Phase 7) E~closure M~r. Matt Schlindwein, Opus East, LLC Mr. Kevin'Johnson, P.E., Johnson Bemat Assoctates George Asimos, Saul Ewing: LLP File hrg®hrgqnc.com · w~vw.h[g-inc.com Harrisburg · Lancaster · State College · Gettysburg ~1 Pittsburgh ll Stroudsburg Mmficipalily Plal Title REVISED No: 02-260 Cumberland County Subdivision[Land Development Review Report Carlisle Borough Surveyor Not Given Engineer Nol Given Opus East (Bear Property) Zoning District Plat Status: # of Lots I2 - Light Industrial Proposed Land Use 1 Warehouse X Prelnifinary Plat Type: Subdivision Regulations: County Final Land Development X MunJcipaI P/F X Combined X Zoning Minor X S&LD 2 # of New Dwelling Units 0 Acreage Subdivided 27.59 Total Acreage 290 Date Received 9-13-02 StaffReview 10-14-2002 Official County Review I0-17-02 ( ) Plat appears to comply with apphcable regulations. ( ) Plat appears to generally comply with applicable regulations; revisions may be required, as indicated. ( X ) Plat appears to need substantial revision, as indicated. Reviewed by JK Checked by When applicable, s~x~ets, sewer, water, storm drainage, and other in:kastmc~u:e elements to be verified as adequate by municipal staf:ffengmeer. ,amy mkorovement guarantees shall be posted prior to final plat approval. Registered PA Land Surveyor is requ/red to certify all loff0'act boundary descriptions. When applicable, zoning comphance to be verified by Mun/cipal Zoning Officer. Appropriate sewage module component should be processed prior to final plat approval. · - Final plats must be recorded within 90 days of approval. Review ¢onzments with cited ordinance provisions are based on munieil~al regulations on file with the County Planning Commission. 1. Does the submission of only this portion .of the Bear Property for approval impact any of the conditions of the special exception approval? 2. Will the proposed cul-de-sac be named? The plan should include a road cross-section and meet all design standard for streets. (S&LD Ord.; Section 226-23.A.3). 3. The plan notes should indicate that the site is underlain with limestone. Information must be provided to indicate the potential for sinkholes and special construction procedures sliould be identified. (Subdivision Ordinance Section g26-19.C) 4. An environmental study may be required as noted in the Subdivisioo Ordinance Section 226-19.E. 5. If this is the first phase of the total Bear Tract development, there should be a staging plan indicating schedules of sabm/ssions and delineating proposed sections. (Subdivision Ordinance Section 22649.It) 6. The utility plan on sheet 6 should identify the locations and type of light/rig (Zonin~ Section 255-160). 7. This plan is not consistent with the t-81 Exit 12 study which indicates no additional track traffic from the Bear property (Carlisle and West Permsbom). The proposed improvemerts to Allen Road and I-81 interchange as a result of the study, which have been progrannned through Penn DOT's 1~ Year Program, may not support the trafic generated by this development. The Exit 12 stndy also reconm~ended this tracl in Carlisle to be rezoned to Agricultural, which would reduce the impact of industry on adjacent properties and truck traff/c on the roads. Is the lot north of Lot 2 a residential lot? If so, does this require a 200' setback or 120' setback with screening? If this is the case, this plan does not appear to meet the requirements c,f the 1-2 zone, which requ/res uses to be built in a "Planned Industrial Development". It requires an area controlled by a single landowner and developed for a number of firms. If buffer and screening is required along the north side of the tract, it may be impossible to be build in lot 2. (Zoning~ Section 255-89). 9. If the rezoning in West Pennsboro is not approved, does the applicant intend to build on this tract only? Also, if the development is built in West Pennsboro, will all access to the site be through Carlisle? 10. The County Planning Corrm~ission recommends this plan be disapl:roved based on the above comments and its inconsistency w/th the 1-81 Exit 12 Study. BOROUGH OF CARLISLE PLANNING COMMISSION Meeting Minutes -Thursday, October 24, 2002 Members Attending: Harry Herb, Nonna Frame, John Auger, Phillip Mock, and Debra Cornelius. Members Absent: Timothy Hoy and Linda Witmer. Borough Officials Attending: Kenneth Womack, Planning/Zoning/Code Manager, and Michael T. Keiser, P.E., Public Works Director Jolm Auger called the meeting to order at 5:30 p.m. The Plamfing Commission rescheduled the November meeting to November 21, 2002 and rescheduled the December 26, 2002 meeting for December 19, 2002. Items Reviewed bp the Planning Commission: The Planning Commission may consider a preliminary land development plan submitted by J. Michael Brill & Associations, Inc. on behalf of B.T. Group to construct an 11,805 square foot retail store and associated service facility along with associated parking and public improvements at the southwest intersection of Rimer Highway (S.R. 11) and Meadow Boulevard (R-2 Medium Density Residential District). In addition, the Planning Commission may make a recommendation to Borough C. ouncil on a request for waiver of sidewalk along Rimer Highway. The applicant proposes to consU:act the retail store and service facility on a 1.033-acre tract at the corner of Ritoer Highway and Meadow Boulevard. The tract is currently zoned R-2 Medium Density Residential. However, on August 1, 2002, the applicant received a variance from the Zoning Hearing Board to conduct retail sales of electrical supplies at this location subject to the following two conditions: Hours of operation of business shall be limited to the time between 6:00 a.m. and 6:00 p.m. on Monday through Saturday, with no hours of operation on Sunday. The applicant shall landscape the southernmost 25-feet of the subject premises in accordance with landscaping requirements of Carlisle Ordinances applicable to subject premises and the approved use. Note: The Carlisle Comprehensive Plan approved by Borough Council on February 14, 2002, calls for the rezoning of this tract to C-4, Neighborhood Commercial, and the proposed use here would be a permitted use in the C-4 district. The applicant chose to proceed with a variance request rather than wait for the zoning ordinance amendment where this proposed change would be considered. The applicant has requested a waiver for installation of sidewalks along Ritner Highway and a waiver on a portion of the Stormwater Management Ordinance, specifically to analyze only the ten-year storm event. Staff has had discussions with the developer on a proposed system to mitigate stormwater management concern unique to this site though plans have not been finalized. Borough staff is reco~mnending approval of this prelhninary plan with a condition that the applicant present, with the final plan, a stormwater management plan acceptable to the Borough Engineer. Tim Diehl of J. Michael Brill and Associates, representing the applicant, presented a plan depicting a 2,630 square foot retail area and a 9,175 square foot area of retail space for a total building area of 11,805 square feet. This plan somewhat differs from the plan presented to the Zoning Hearing Board. Mr. Auger questioned why there were only 25 parking spaces when 26 parking spaces are required. Mr. Diehl said the allowable retail sales area would have to be adjusted in order for the 25 parking spaces to work. Mr. Diehl stated that Hire Electric would occupy the 9,175 square foot area as their retail sales area and their storage area. The 2,630 square foot area would be used by another retail sales entity. Mr. Womack said that the Zoning Hearing Board wa:s under the impression that Hite Electric would utilize the building as retail sales and storage. The Board did not look at this plan as two retail areas. Mr. Auger was under the assumption that the 2,630 square foot area would be Hire Electric's showroom area. Mr, Diehl said no, Hite Electric would NOT use the entire building. The proposed building will be used by two separate retail uses. Mr. Herb asked if Hite Electric would be providing any electric services. The answer is no. Hite Electric is a retail/wholesale business only, no electric services provided at all. The applicant submitted this plan with the intention of expanding the building in the future to two retails sales spaces. The applicant felt it was more economic to show the expansion of the building now, rather than pay to have new plans drawn up and to come before the Plmming Con'umission at a later date. Mr. Womack expressed concern with the change in the plan. This plan is not what the Zoning Hearing Board reviewed or approved. Mr. Womack asked the applicant to remove the 2,630 square foot area from the plan and'proceed with a plan substantially the same as that presented to the Zoning Hearing Board. The applicant agreed to do so and will return with a plan that eliminates the smaller retail area. Mr. Womack recommended changing staff condition #12 to read: "Pursuant to Chapter 255-184 of the Carlisle Zoning Ordinance, the applicant shall modify the plan and show the calculations to provide sufficient parking for all retail sales area as appropriate." Mr. Womack further recon2nended adding condition #I5: "Applicant shall modify the plan to reflect the building area approved in the variance granted by the Zoning Hearing Board on August 1, 2002." Conclusion: The Planning Commission, upon motion by Philip Mock and second by Harry Herb, unanimously voted to approve the original plan which depicts a 9,000 square foot building. This approval is subject to staff's conditions as modified above and listed below: Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall include the name, address, signature and phone namber of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to §226-19A(10) of the Subdivision and Land Development Ordinance, the plan shall identify the zoning district in which the property is located and the zoning district of abutting properties, and all variances or special exceptions approved by the Zoning Hearing Board or Borough Council. Applicant shall modify the site data at the top of page 2 of the plan to reflect the property is currently zoned R-2 but is being developed IAW area and bulk requirements of the R-4 zoning district pursuant to the ZHB decision to allow use of the property as a retail sales use. 3. Pursuant to §226-19A(17) of the Subdivision and Land Development Ordinance, the applicant shall modify the plan to extend curb and sidewalk along Meadow Boulevard through the curb radius from Rimer Highway and terminate the sidewalk with an accessible ramp. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall provide protection bars at the storm sewer end wall. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall modify the sanitary sewer tap on the sewer main to be at a forty-five (45) degree angle. Pursuam to §226-19A(19) of the Subdivision and Land Developmem Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall modify the plan so that the minimum slope on the six- (6-) inch sewer lateral is one percent (1%) and a cleanout is available every one hundred (100) feet. 3 Pursuant to §226-19A(20) of the Subdivision and Land Development Ordinance, the applicant shall provide with the final plan submission a final stormwater management plan approved by the Borough Engineer. Pursuant to §226-21A(17) of the Subdivision and Land Development Ordinance, if applicable, the plan shall include a statement that the :~ite is underlain with carbonate rocks (limestone and dolomites), that there is a potential for sinkholes and that special construction procedures may be desirable or necessary. Pursuant to §226-19I of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). 10. Pursuant to §226-19M of the Subdivision and Land Development Ordinance, the applicant shall provide an easement agreement or other remedy to address encroachment from the lot identified as now/formerly Owen E. Meals. 11. Pursuant to §255-160 of the Carlisle Zoning Ordinance, the applicant shall modify note 11 on page 2 of the plan to reflect that all lighting will comply with the provisions of the Carlisle Zoning Ordinance. 12. Pursuant to Chapter 255-184 of the Carlisle Zoning Ordinance, the applicant shall modify the plan and show the calculations to provide sufficient parking for ail retail sales area as appropriate. 13. Pursuant to §255-190B(2), applicant shall ensure that proposed screening adjacent to residential property is sufficient to prevent vehicle headlights from shining into any doors or windows of any dwelling located within two hundred (200) feet of the paved area. 14. 15. Pursuant to §226-36 of the Subdivision and Land Development Ordinance, the applicant shall ensure that fire hydrants shall be spaced not greater than three hundred (300) feet apart. Applicant shall include on the final plan one hydrant each at the northwest and northeast corners of the property. Applicant shall modify the plan to reflect the building area approved in the variance granted by the Zoning Hearing Board on August 1, 2002. 2. The Planning Commission considered a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc. on behalf of Opus East L.L.C., to construct a 352,800 square foot warehouse, storage and distribution facility and an additional 4,000 square foot facility, along with associated /mprovements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm" along Allen Road (I-2 Light Industrial District). In addition, the Planning 4 Conm~ission may make a recmmnendation to Borough Council on a request for a waiver of required sidewalks along streets for this development. Mr. Asimos, Attorney for Opus East L.L.C., explained that the special exception his client was seeking last November went on to approval by the Zoning Hearing Board in March 2002. At that time, the applicant started working on the land development plans. The plans are very much like the plans submitted earlier. This is a two-lot development and approved as a Planned Industrial Development. The applicant is seeking is a preliminary approval of a subdivision of the 27.5 acre parcel into two lots and Imld development of lot gl. Since the submission on September 6, 2002, the applicant met with staff on two occasions to consult on the plan. Jim Snyder of Herbert, Rowland & Grubic, Inc. stated that this plan will subdivide the large lot into two lots, one a larger than the other. Mr. Snyder stated that the development on the newly created lot gl would include a 352,800 squm:e foot building with truck courts on each side of the building. Parking will be provided on each end of the building. Access, trailing loading/unloading, and two points on ingress/egress off of Allen Road are depicted on the plan. Also depicted on the plan is a small building on lot #2. This building is proposed to be 4,000 square foot use, which is shown on lot #2 and at this time the applicant is not prepared to file a formal land development for this lot. When Borough staff reviewed this plan, they wanted to make sure that the 4,000 square foot building would fit on lot//2 with its associated parking. On the southern end of the site,, the plan shows the proposed landscaped berm which was required by ordinance. The applicant did meet with staff and reviewed staff's comments and is in agreement with those conditions. Mr. Snyder touched on the comment that refers to the alignment of the driveways of Ross Stores and the proposed new driveway for this development. Mr. Snyder said to align the two driveways, it would cause and encroachment into the 120-foot buffer area to the south side of this development. If a driveway is not subject to the buffer, then it makes it easier for the developer to align the drives. The applicant did not want to recreate a non- compliance and have to seek a variance to align these drives. Mr. Snyder deferred to Mr. Keiser for guidance on this issue. Mr. Auger asked Mr. Snyder if he had a chance to review the comments submitted by the Cumberland County Planning Conunission. Mr. Snyder replied no he did not and was given a chance to read over them. Ms. Cornelius made reference to condition #7 of the Cumberland County's comments. Mr. Asimos the County Planning Commissions are planners and they are planning for the future. They have a plan, but the project Mr. Asimos is presenting is subject to the zoning 5 in place at the time it was submitted. Since Pe~mDOT has control of the highway occupancy permit process they will approve/require any improvements necessary as part of this development. As this plan gets closer to the final approval, the Planning Commission will have definitive information as to what PennDOT will require for a highway occupancy permit and the applicant will present this to the Borough of Carlisle Planning Conm~ission during the final plan approval process. Mr. Asimos feels there is no missing liak and that Pem~DOT will have the ultimate approval relative to the traffic on Allen Road. Ms. Cornelius asked Mr. Asimos if he was familiar with the Borough's current Comprehensive Plan? Mr. Asimos said "generally, it was approved after his applicant submitted their special exception request and wasn't something they were bound by." Mr. Herb asked Mr. Asimos what the "total package" (as in the property located in the Borough and West Pennsboro Township) of this development involved. Mr. Asimos said the simple answer is "No, we don't have anything to report to you." The obvious reason is that there are two municipalities involved and that it includes two separate processes. What happens in West Pennsboro, the applicant cannot predict. The &pplicant has submitted a formal application with the township. They have held one public meeting and another meeting is scheduled for October 31, 2002. It remains to be seen what will happen. Mr. Asimos stated that his client carefully prepared and submitted the special exception application to be lhnited to Carlisle. This is the area in which the applicant has the rights and the area the applicant has the approvals and the area in which the Carlisle Borough Planning Commission has jurisdiction over. Mr. Asimos does not know if this proposal will be extended through the township. Mr. Herb inquired about the legal challenge the applicant has regarding the "gateway" use. Mr. Asimos stated that all his cli~ent did was challenge whether or not they must go back to the Zoning Hearing Board. The applicant's position was that the question of whether or not a connection would take place was a matter for the Planning Commission and Borough Council to decide relative to the Land Development Ordinance and that this was not something which was relevant to the special exception. The Zoning Hearing Board disagreed with the applicant and that is what the applicant i;; appealing. Once again Mr. Herb voiced concern with the development in a neighboring township and all the truck traffic gets dumped onto Carlisle's roadways. Mr. Asimos said there are a couple ways to look at it. First, the applicant is showing a cul-de-sac. The plan in front of the Planning Conmfission shows the roadway ending before it gets to the West Pennsboro line. Mr. Asimos said that the Planning Commission certainly could take a position on whether or not this roadway may be extended when a new land development plan is submitted. Mr. Asimos stated that the Planning Commission has an a.pprovable plan in front of them which meets all ordinance requirements and has the PID approval from the Zoning Hearing Board. 6 Mr. Herb asked if the applicant would be successful in West Pennsboro Township and would want to change this cul-de-sac and extend this roadway, would they need to come back before the Planning Con]mission? Mr. Womack said that staff's position is that if the applicant would want to extend this roadway, it requires a land development plan, which means a return to the Planning Cmmnission. Mr. Asimos said they don't have a problem with coming back to the Planning Conmaission. What they are in disagreement with is having to come back to the Zoning Hearing Board if the time should come that the applicant would want to extend the roadway into West Pennsboro Township. Mr. Asimos does not think it is in the Zoning Hearing Board's jurisdiction to review the extension of this road. Nevertheless, whatever way it comes out, this plan stands on its own. Mr. Mock expressed concern about the intent of the I-2 ordinance from before in conjunction with the Comprehensive Plan of 1988. Mr. A.simos stated that this plan depicts two lots. Mr. Mock stated that we wind up back with the same of issue of interpretation, a warehouse developer interpret it one way and others interpret another. Mr. Herb said that he felt that the Zoning Hearing Board settled this issue for us when they granted the special exception relative to the PID. Mr. Asimos said yes, they certainly did. The zoning of ti:tis property and what entitlement the applicant has with this property is done, it's resolved. We have our PID, we have a permitted use here. The only issue that is presented to the Planning Commission and Borough Council are the land dev. elopment questions." Before the applicant is finished with this plan, because of the final plan process and the PennDOT highway occupancy permit process, the Planning Commission will be seeing what needs to be done on Allen Road by way of intersections and any other PennDOT mandated improvements that this plan may lead to. These changes will be presented to the Planning Commission. Bill Barker, resident of West Pennsboro Township and a member of the Association of Concerned Citizens of West Pennsboro Township expressed concern with the amount of warehousing in the area and how it seems to be extending into surrounding areas. Mr. Barker feels that Carlisle has failed to take into account the impact this development will have on surrounding conumunities. Mr. Barker feels that the only course the Planning Conuuission should take here tonight is to deny this plan at this stage. There are basically two problems with this plan: One is that there are some serious problems with the special exception granted by Carlisle. The Board failed to think about this project as anything other than Carlisle. The problem 7 with this development being right next door to West Pennsboro Township is that the use of the property, even though it may seem to be compatible with the special exception procedure in Carlisle. It is not compatible with the overall development of the con2nunity. Secondly, the plan does not provide the proper buffering to the neighboring residential areas located in the West Pennsboro Township. Thus, the general interest of the neighborhood was not taken into account. Nathan Wolf, resident of Conway Street and also a member of the Association of Concerned Citizens of West Pennsboro Township, expressed concern with the overabundance of warehousing in the area and the increase in truck traffic. Mr. Wolf feels that the applicant totally dismissed the Exit 12 study and the Gannett Fleming Study, who indicated that Allen Road, will not be able to handle this development. Ms. Cornelius recommended that Council not approve this plan based on its incompatibility with the mixed-use requirements of the Comprehensive ]?lan, both past and future. That the plan is also incompatible with the neighboring connnunity interests and public safety. Conclusion: The Planning Comrnission, upon motion as stated above by Debra Cornelius and second by Norma Frame, voted three to two to recommend denial of this plan. Mr. Auger and Mr. Herb voted nay. There being no further items on the agenda, approximately 6:45 p.m. Respectfully submitted, Kenneth W. Womack Planning/Zoning/Codes Manager KW~V/lh the Planning Commission adjourned at 04/25/2003 14:22 7172438227 BROUJOS & GiILROY, PC PAGE 02 April 2~, 2003 RE: Extension of Time for Plan Approval / Opus East, LLC Plan / Mr. an d Mrs. Francis Bear I am representing Mr. and Mrs. Francis Bear with respect to the above referenced We ore currently in negotiations with .anotheF developer who we antidlmte will undertake the flmdization of the above referenced land development plan. Purmant to yOUF letter of February 14, 2003, council must take action on this plan no hter than May 21, 2ooz. On behalf of the Bears, we request a 90.4Jay extension on t_.hi, plan. We hereby waive any time requirements that would be applicable under the MPC *hnt would relate to this Please present thio mtter to Borough Council at it's meeting on May 8. If you feel that I or another representative of the Bears needs to be in attendance, please advise. Sincerely yours, cc: Mr. and Mrs. Francis Bear Ronald M. Lucas, Esquire BOROUGH OF CARLISLE February I4, 2003 Charles M. Suhr Attorney at Law P.O. Box I 1670 Harrisburg, PA 17108 "Committed To Excellence In Community Serpice" # of Po,t-it' Fax Note 7671 I.'.-' Co,/Dept Phone ~ O~[ Phone ~ Re: Extension of Time for Plan Approval Opus East, LLC Dear Mr. Suhr: At its regularly scheduled meeting on Thursday, February 13, 2003, Carlisle Borough Council voted to accept an ninety- (90-) day extension of the time to act on the subject plan as requested in the letter fi'om Francis and Phoebe Bear dated February 13, 2003. Council previously approved an extension of the time to act on this plma matil February 20, 2003. Based on the 90-day extension, Council must take action on this plan no later than May 2t, 2003. I respectfully request you advise me ten days prior to any Borough Council meeting at which you desire Council act on the plan. Borough Council meetings are scheduled for the second Thursday of each month. Please do not hesitate to call if you have questions or need additional information. Kenneth W. Womack Planning/Zoning/Codes Manager CC: Project File Suspense File, 4/28/03 53 West South Street, Carlisle, PA 17013 Tel. (717) 249-4422; Fax (717) 249-2932 MINUTES CARLISLE BOROUGH COUNCIL MEETING February 13, 2003 President Fishman called the meeting to order at 7:03 p.m. Councilor Gossert led the invocation and Pledge of Allegiance to the Flag. After roll call by the Secretary, the following members of Council were present: Fishman, Gossert, Heineman, Kronenberg, Rankin, Scott, and Mayor Wilson. Also present were: Manager Bean~ Assistant Manager Moonis, Finance Director Graham, Public Works Director Keiser, Planning/Zoning/Codes Manager Womack, Solicitor Schorpp, and Secretary Armstrong. SCHEDULED CITIZENS TO BE HEARD CONSENT AGENDA On a motion by Councilor Gossert, second by Councilor Heineman, Council voted 6-0 to approve the Consent Agenda. A. Minutes Public Hearing of January 9, 2003-Conditional Use Request Council Meeting of January 9, 2003 B. Approval of Bills and Investment Transaction,~ Expenditures as of January 31, 2003: General Fund Water Fund Sewer Fund Parking Fund DARE Fund Sel~-Insurance Fund Recreation Area Fee Fund Fort LeTort Fund Highway Aid Fund $67o,581.11 $164,614.74 $234,551.01 $19,823.34 $1,422.93 $2,254.62 Saoo $o. oo $o. oo C. Attendance A royals: 1. Treatment Plants Manager, Peter Selan, to attend the Phase H Stormwater Seminar in New Cumberland, Pennsylvania on February 19, 2003. Manager Fred Bean, and Assistant Manager Chris Moonis to attend the APMM Eastern Executive Development Conference in Boiling Springs, Pennsylvania from February 20 - February 21, 2003. 3. Zoning Hearing Board Members: Ron Simons, Jeff Benjamin, Jeff Bergsten, and Jane Rigler, along with Planning/Zoning/Codes Manager I~nneth Womack, to attend the Zoning Decisions Seminar in Enola, Pennsylvania on February 25, 2003. Parks and Recreation Director Andrea Crouse, and Recreation Manager Sara Peterson, to attend the Pennsylvania Recreation and Park Society's Annual Conference in State College, Pennsylvania from March 2 - March 5, 2003. 5. C°nstructi°n/C°delnspectorBillWitmer, toattendStatewideBuildingCodeTraining in Harrisburg, Pennsylvania on March 6, 7 and May 17~, 2003 6. Treatment Plants Manager Peter Selan, to attend a Biosolids Training Course in State College, Pennsylvania from March 12 - March 13, 2003. Manager Fred Bean to attend a seminar entitled "Creating the Future Downtown" in State College, Pennsylvania from March 24 - March 25, 2003. Planning/Zoning/Codes Manager Kenneth Womack to attend Pennsylvania Construction Code Academy training on the Pennsylvania Uniform Construction Code, in Hershey, Pennsylvania on April 6, 2003. 9. Finance Director David Graham, and Assistant Finance Director Terri Barge to attend the GFOA-PA State Conference in State College, Pennsylvania from April 27 - April 30, 2003. D. Historical Architectural Review Board: Approval of the following: 1. A request by E. Ralph Godfrey (Godfrey & Courtney, P.C.) for a Certificate of _Ap_prgpriateness at 50 East High Street to mount a hand carved (sign foam) wall sign measuring 18" x 22" to the front of the building in place Qf the current sign. The sign reads, "Godfrey & Courtney P.C. Attorneys At Law Commonwealth Realty Settlement Services." A request by Angela Dasher for a Certificate of Appropriateness at 123 West South Street to replace a deteriorated wooden garage door with a steel Wayne-Dalton residential garage door (with no windows) and a four panel steel pedestrian access door, and cover the remainder of th~ garage fascia with vinyl siding. 3. A request by Lee Scholl (Hometown Development Corporation) for a Certificate of Appropriateness at 14-20 North Hanover Street to replace deteriorated tin siding with aluminum siding on the upper rear portion of the building to restore the watertight integrity. 2 REGUI,AR AGENDA TABLED, CONTINUED, AND RECURRING ITEMS 1. Council voted 6-0 to remove a tabled request by Carlisle Area OIC for one (1) fifteen-minute parking meter in front of Carlisle Area OIC. ScottYGossert On October 10, 2002, Council tabled the adoption of an Ordinance amending the Code of the Borough of Carlisle, adopted by Ordinance 1576, and thereafter amended, with respect to Chapter 255, Zoning, to provide clarification on requirements for setbacks from residential property and districts and to continue the objective of compatible land uses across municipal boundaries. Manager Bean informed Borough Council at the February 13, 2003 Council Meeting that the applicant had requested that the matter continue its current status (tabled). REPORTS FROM ELECTED OFFICIALS A. President's Report Council voted 6-0 to approve and adopt a Resolution (02-13-03-01) transferring an Eating Place Retail Dispenser License from Mechanicsburg Borough for Miseno Pizza, located at 1225 Ritner Highway (Food Lion Shopping Center). Kronenberg/Heineman 2. Council President Fishman introduced Mr. Justin Hovetter, Carlisle Borough Planning/Zoning/Codes Intern. B. Mayor's Report None REPORTS FROM COMMITTEES A. Community Plannin~/~ualit¥ of Life Comm~ttea Council voted 6-0 to adopt modifications to various Fiscal Year 2001 Community Development Block Grant ("CDBG') Program Budgets as indicated on the CDBG Budget Modifications Worksheet, dated February 13, 2003; whereby, reducing various program budgets by $15,000, and increasing one program budget by $15,000. Said worksheet was made part of the adoption, and therefore, a copy is attached to these minutes. Kronenberg/Heineman 2. Council voted 6-0 to extend the grant limit for the Commercial Faqade Program from a standard $4,000 grant limit to a $15,000 grant limit with regard to the 3 Centenary Building at 52-56 West High Street, and. thereby, provide $15,000 in Commercial Faqade Funds from the Borough's CDBG Program Funds to the Centenary's Owner/Developer, 3-T Investors, LLP. Kronenberg/Heineman Council voted 6-0 to approve an additional zoning map change as part of the overall rezoning to be done following approval of the Borough of Carlisle Comprehensive Plan. The proposed change includes rezoning the eastern portion of the lot currently used by R&W Equipment Company (35 East Willow Street) from High Density Residential District (R-3) to Neighborhood Commercial District (C-4). Kronenberg/Heineman Councilor Fishman remarked that the additional zoning map change would coordinate with the Comprehensive Plan's goals; and likewise, would not negatively impact the community. 4. After the following information, Council voted 5-0-1, Councilor Heineman abstaining, due to a conflict in interest, to approve a request from Olympic -- Development/Home Depot to extend by six (6) months (until August 15, 2003), the deadline for recording the Home Depot Final Subdivision/Land Development Plan. Kronenberg/Scott Mr. Hubert Gilroy, Home Depot Legal Counsel, info'rmed Council that the Pennsylvania Department of Environmental Protection Agency (DEP) had requested a revised stormwater plan; thus, the necessity to request an extension of the final subdivision/land development plan. 5. After the following, Council voted 6-0 to waive any recreational fees for Lot #1 (previous Schlosnagle home). Kronenberg/Heineman In addition, Council voted6-0 to grant a waiver to allow naming the cul-de-sac on the plan "-q/ellington Court". Kronenberg/Gossert Furthermore, Council voted 6-0 to approve a final subdivision/land development plan submitted by Brehm-Lebo, Inc., on behalf of Reckfield, LLC, to subdivide the property known as 1100 Walnut Street, (including one single-family detached dwelling) (R-1 Low Density Residential District) into ten separate lots, nine of which, are to be developed as a residential subdivision with detached, single-family dwellings, along with associated improvements, and infrastructure, subject to all conditions recommended by staff and attached to these meeting minutes. Kronenberg]Heineman Mr. Hubert Gilroy, Legal Counsel for Rockfield, LLC, noted that the conditions had been signed and submitted to borough staff. Moreover, the concerned parties, who had addressed Council during the January 9, 2003 Council Meeting, had added several new conditions (not required by Borough Code); nonetheless, the developer agreed to said additional conditions. Mr. Gilroy asked that the plan be approved and that the waiver be granted for purposes of renaming the street. 4 Solicitor Schorpp clarified that Borough Council should vote on the exemption of the Schlosnagle parcel (existing residence) from paying a recreation fee since the issue had not been resolved to-date. Mr. Gilroy interjected that said issue had been resolved due to the recreation fee's reduction. Solicitor Schorpp recommended that Council vote on the Schlosnagle recreation fee waiver. Mr. Fishman commended the developer's efforts to :resolve neighboring parties' concerns. After the following explanation, Council voted 6-0 to waive the requirement for a formal subdivision/land development plan to construct a one hundred fifty (150) foot high, freestanding, ~ommercial communications tower at 1610 Industrial Drive (I-2 General Industrial District). Krone~-berg/Heineman Mr. W. Lee Woodmansee, T-Mobile Representative, explained that the parcel of land in question was fully developed; thus, the rationale for requesting a waiver for a formal subdivision/land development plan. In addition, Council was instructed that Omnipoint Communications had submitted detailed plans during the January 9, 2003 Conditional Use Public Hearing. Council voted 6-0 to approve an amended final subdivision/land development plan submitted by Brehm-Lebo Engineering, on behalf of' Michael Joseph Acquisition Corporation, to modify the lot sizes and structure sizes on a previously approved plan, which calls for the subdivision of the current Carlisle Plaza Mall property into two lots, demolition of approximately 200,000 square feet of the current mall structure, and construction of a new Lowes Home Improvement Store, along with associated improvements, at East High Street and York Road subject to signed conditions attached to these meeting minutes. Kronenberg/Heineman Mr. Brian Reisinger, Brehm-Lebo Engineering, Inc., updated Borough Council on several changes, which had been rendered on the LoWe's Home Improvement Store including the building's width and length, along with parking. Although changes had been made to the width and length, Council was informed that the sciuare footage remained the same. Due to safety and accessibility, parking had been reconfigured. After the following interchange, Council voted 3-2-1, Councilors Scott and Heineman dissenting, along with Councilor Fishman abstaining, due to a conflict of interest, to grant a ninety-day extension request to the legal owners of the "Bear Farm" subdivision plan. Ninety-day extension will commence on February 20, 2003 and expire on May 21, 2003. Kronenberg/Heineman Mr. Charles Suhr, Attorney for Francis and Phoebe iBear, informed Council that his clients had submitted a written request for a ninety-.day extension (said request was delivered to Planning/Zoning/Codes Manager Womack on the afternoon of February 5 13, 2003 and subsequently, distributed to Borough Council). Furthermore, attached to the request was a letter authored by Opus East, the initial developer. The letter indicated support of the request and additionally, transferred all developer rites back to Francis and Phoebe Bear (copy of Opus East letter attached to these minutes). Councilor Fishman inquired whether the Borough Solicitor had ample opportunity to review said submissions. Solicitor Schorpp replied that all standing matters ]had been resolved. Mr. Mason Wolfe, Member of the Association for Concerned Citizens of West Pennsboro Township, requested Borough Council disapprove the ninety-day extension request arid act on the initial development plan. Furthermore, if Council agreed to said request, then Mr. Wolfe requested Borough Council's denial of the plan. Councilor Heineman inquired whether the new Zoning Ordinance, which would be acted on in the near future, would affect the "Bear Propertf'. Solicitor Schorpp replied that the Zoning Ordinance, would not affect the current plan before Council, or the granted Special Exception. However, if the current filed plan is not approved, and the zoning would change in the interim, then the "Bear Property~ would be affected by the new Zoning Ordinance. Councilor Heineman questioned the current zoning district of the tract, along with the future zoning. Manager Bean replied that the zoning would remain I-2, and once the new Zoning Ordinance is adopted, the 'r~ew I-2 zoning district regulations would specifically prohibit warehousing and distribution; whereas currently, warehousing and distribution are a permitted use as part of a planned industrial development. Councilor Heineman asked whether legal issues would arise by Borough Council denying the ninety-day extension request_. _ Solici~o~: Schorpp responded with four options for Council including: 1. Grant the extension. 2. Act on the plan, either by approva~ (subject to conditions), er if inclined to disapprove, said disapproval must be predicated on the ability to meet said conditions (outlined in the policy-briefing summary). 3. Scheduling a special meeting between February 13, 2003 and Febi'uary 20, 2003. 4. If Council should decide to do nothing, than deemed approval of the plan will take place without any conditions. 6 B. Emnlovee Relations/Citizen Participation: Council voted 6-0 to appoint Timothy Hoy to a first full-term on the Zoning Hearing Board in the capacity of.alternate. Term will expire December 31, 2007. Heineman/Gossert Council voted 6-0 to appoint Robert Unger to a first full-term on the Consolidated Board of Appeals. Mr. Unger will replace Ralph Tierno. Term will expire January 31, 2008. Heineman/Gossert 3. Council voted 6-0 to reappoint Debra Cornelius to a first full-term on the Planning Commission. Term will expire February 28, 2007. Heineman/Gossert Council voted 6-0 to adopt a Resolution (02-13-03-04) which will enable employees of the Carlisle Police Department (both uniform and non-uniform) to request payroll deduction for the purpose of providing funds and/or token gifts to family members, friends, or other deserving individuals. Heineman/Gossert Mr. Bean noted that in the past, the Police Department had a separate fund in which employees voluntarily contributed funds. The fund would be used for flowers, retirees, etc. The Police Department requested a voluntary payroll deduction in order to continue the benevolent fund. Furthermore, Borough Council was informed that said Resolution would include the policy authored by Chief Margeson. C. Finance: 1. After the following presentation, Council voted 6-0, by roll call vote, to adopt a Debt Ordinance (1985) which will enable the Borough to sell bonds in the approximate amount of $6,945,000. This Debt Ordinance will enable the Borough to retire Series 1998 Bonds, which were used to finance improvements to the water plan. Rankin/Kronenberg Mr. Louis Verdelli, Managing Director of Public Financial Management, presented the Bond Sale Document (copy attached to these minutes) for Borough Council's review. During the presentation, Mr. Verdelli furnished an overview of the bid results and debt service scheduling. Highlights of the overview included: · :. Borough's A1 credit report rating initiated by Moody's Investor Services · ~. Internet auction results (which were held at 11:00 a.m. on February 13, 2003) ':' Proposed pay-off date of June 15, 2003 · ;. Net savings through the retirement of Series 1998 Bonds ($420,603.13) · :' Bond Insurance Bid awarded to Municipal Bond Investors Assurance Corporation Mr. Kronenberg commended Public Financial Management for their endeavors. 7 Mr. Peter Carlucci, Esquire, of the firm Eckert, Segmans, Cherin and Mellott, distributed a final version of the Debt Ordinance, along with information relative to the respective authorizations for the paying agent, registrar, etc. Mr. Rankin thanked the respective bond counsel, financial advisor, and staff for their assistance. Furthermore, Mr. Rankin commented that the Borough would experience a significant debt reduction by the bond issue venture. 2. After the following briefing, Council voted 6-0, to accept the Report of Personal Taxes, Real Estate Taxes, and Cash Paid to the Borough of Carlisle for 2002, along with exonerating the Borough Tax Collector, Darlene Meyer, from collection of delinquent taxes. Rankin]Kronenberg Ms. Meyer briefed Council on the Report of Personal and Real Estate Taxes. Borough Council was informed that the total cash paid for 2002, to the Borough of Carlisle, less the discounts, plus the penalties, was $2,335,589.93. Total amount unpaid per capita taxes for 2002 was $7,390.00. Total unpaid real estate taxes for 2002 was $50,410.14. Mr. Rankin inquired whether the level of delinquency had significantly changed. Ms. Meyer responded that there had not been a signJ.ficant increase in delinquency. 3. Council voted 6-0 approve a Resolution (02-13-03-02) appointing Penn Credit Corporation as delinquent tax collector for the purpose of collecting delinquent 2002 per capita taxes in accordance with §66-3, of Article II, Chapter 66, of the Code of the Borough of Carlisle. Rankin/Kronenberg Council voted 5-0-1, Councilor Gossert abstaining due to a conflict in interest, to approve a Resolution (02-13-03-03) which authorized a 2.4% cost-of-living increase for twelve (12) retired police officers. Rankin/Kronenberg 5. Council voted 6-0 to award the sale of the following vshicles: Rankin/Kronenberg · ;- 1989 Chevy Sedan Police Car to Thomas Shoemaker, at a price of $952.06 · ~' 1995 Chevy Sedan Police Car to Government Cars, at a price of $1,566.00 · ;' 1996 Chevy Sedan Police Car to Grace Quality Used Cars, at a price of $1,882.00 · :' ],997 Ford Explorer Police Vehicle to Grace Quality Used Cars, at a price of $2,882.00 · ;' 1986 Ford Bronco II to Melvin Fry at a price of $400.00 · ;o 1987 Chevy Sedan to Rick's Towing at a price of $300.00 D. Parks and Recreation: Council voted 6-0 to approve Change Order #2 for Borough of Carlisle Project 02-05, Community Center Renovations, increasing ECI's contract by $17,818. ScottfRank/n Mr. Bean commented that there are several minor issues that will need performed in Spring 2003 (i.e. lawn seeding, etc) subsequently., another Change Order will be necessitated to closeout the project. E. Public Safety: After the following discu~ion, Council voted 5-0-1, Councilor Scott abstaining due to a conflict in interest, to authorize the~Borough Solicitor to draft and advertise an Ordinance to create a new short-term parking meter spa-ce at the first available parking space north of the intersection of South Hanover Street and East Pomfret Street on the east side. Gossert/Kronenberg Ms. Jacqueline Schultz, Director of the Carlisle OIC Child Care Center, informed Borough Council that the child-care facility had officiaily opened on November 4, 2002. Consequently, a dilemma has arisen regarding parking. Borough Council was informed that while limited parking is available behind OIC, this was not an alternative for the daycare facility's patrons. Patrons who park behind OIC would be forced to enter OIC in order to access the daycare center. Therefore, due to the safety issue, Carlisle OIC was requesting a short-te~un parking meter space. Mr. Bean stated that a thirty-minute metered parking space is currently located at the end of the first block (close to the Cumberland County Planning Commission Office). Mr. Bean suggested that the proposed meter be placed at the east side end of South Hanover Street (close to East Pomfret Street). Council voted 6-0, by roll call vote, to approve an Ordinance (1986) establishing a temporary parking ban affecting certain borough streets in conjunction with Carlisle Production's 2003 schedule of events. ~C~_ssert/Kronenberg Council voted 6-0 to authorize the closure of various Borough streets and the lifting of the Borough Sidewalk Ordinance for various downtown events (listed in Council's respective policy-briefing summary) sponsored by the Downtown Carlisle Association in 2003. GossertfKronenberg 4. Council voted 6-0 to approve the use of Carlisle Special Police and Special Fire Police from other municipalities to work at non-related Borough events, functions, or parades. Ggssert/Kronenberg After the following announcement, Council voted 6-0 to table an authorization for Cianfichi & Scholl Architectural Associates, LLC to proceed with the bidding document to design a new police station at the preliminary cost figure of $3,366,000. Gossert/Kronenberg 9 Mr. Gossert announced that after speaking with members of the Public Safety Committee and Carlisle Borough staff, the committee expressed a desire to table the issue for one additional month to examine alternative designs, along with examining cost figures. Mr. Rankin recommended holding a Finance Committee Meeting to e~amine financing issues relative to the construction of the new police station. Mr. Gossert stated that the proposed meeting could possibly be discussed in March. F. Public Works: Council voted 6-0 to approve an Agreement, zmending their Intermunicipal -Agreement with South Middleton Township and Middlesex Township. Scott/Gossert -- NEW BUSINESS Mr. Rankin announced that the Finance Committee and Community Planning/Quality of Life Committee would hold a joint meeting on March 3, 2003 at 6:00 p.m. for the purpose of discussing the 2003 Community Development Block Grant (CDBG) Budget. 2. Ms. Dee Delp, 29 East "I~ Street, Carlisle, requested assistance from the Carlisle Police Department for upcoming Carlisle Productions events. Mr. Gossert responded to the request by stating that a Public Safety Meeting would be conducted on the issue .prior to the first car show event. REPORTS FROM COUNCIL MEMBERS Mr. Scott stated his anticipation for the future Skate Park Feasibility Study, which Manager Bean and Carlisle Parks and Recreation Director Crouse continue to undertake. Mr. Fishman requested an update from each committee on their respective 2003 goals. The update should be furnished to President Fishman by April 10, 2003. Additionally, Mr. Fishman asked that Council consider recommendations for citizenry participation on the Community Strategic Planning Task Force. Mr. Bean recommended that Council review the January 9, 2003 Council Meeting Minutes if a q~estion should arise to the approved 2003 Council Goals. REPORTS FROM STAFF Mr. Michael Keiser, Public Works Director, announced that the Borough's current salt supply is less than one hundred tons. Under the current state contract, the 10 Borough agreed to purchase four hundred tons anr~ually; Due to the inclement weather, the Borough was able to purchase an additional two hundred tons under said contract. Consequently, the Borough cannot purchase anymore salt under the state contract. The Borough budgeted $18,500 for ~salt, all of which has been spent, along with an additional $10,000. President Fishman commended Borough staff on their snow removal endeavors. Mr. Kronenberg asked whether staff concentrates their snow removal efforts on the posted ~No Parking" zones. Mr. Keiser remarked that when available, staff does concentrate on these areas. Assistant Manager Moonis announced that the Borough now has high-speed Internet access that is being distributed to employees throughout the Borough, with finalization expected shortly. President Fishman questioned whether borough staff continues to research technologies relative to communication between staff and Council. Mr. Moonis replied that in Technology Upgrade Phase III, Council chambers will be electronically wired which will give Council electronic versions of the greenbook, along with giving Council the opportunity to electronically communicate with staff. Mr. Bean interjected that he and Mr. Moonis had attended several training sessions on "paperless councils". Currently, management is researching several "paperless council" modules. Mayor Wilson inquired whether the Borough's website would be redesigned. Mr. Moonis replied that the website would undertake changes/redesign in Phase III, which should transpire in the second portion of 2003. Mr. Fishman announced that an Executive Session would be held immediately following the ad~o6rnment of the council meeting. At said session, matters including real estate, litigation, and personnel would be discussed, with no further action taken. There being no further business, the Council Meeting adjourned at 8:29 p.m. Susan D. Armstrong Borough Secretary (Seal) 11 Council President C'>Z CONSENT TO FINAL SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS Final Subdivision/Land Development Plan Rockfield L.L.C. 1100 Walnut Street Staff recommends Borough Council approve the final subdivision/land development plan, subject to the following conditions: 1. Pursuant to § 226-19K of the Subdivision and Land Development Ordinance th'e applicant shall provide a final erosion and sedimentation control plan pursuant to all applicable statutes, regulations or rules, and evidence that complete app!ications have been_ submitted for any required erosion and sedimentation control permit. 2. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance, the applicant shall, prior to the use of explosives for excawation, obtain from the Borough a permit to discharge explosives and shall obtain insurance for such use of explosives to include naming the Borough of Carlisle as an additional insured. The Borough permit will require a minimum $5,000.00 (Five, Thousand Dollars) bond. The additional insurance policy shall be in the minimum aggregate amount of $1,000,000 (One Million Dollars). 3. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance and Borough of Carlisle Public Works Specifications, the applicant shall modify the plan to reflect the following: (a) Calculate the size of wate'r Service pipe required for lot # 2 and reflect this size on the final plan prior to recording. (b) Provide maintenance procedures for the bioretention facility located on Lot 3 or the plan and include on the plan and specific note that maintenance of this bioretention facility is the responsibility of the landowner for Lot 3. PursL~ant to § 226~24A of the Subdivision and Land Development Ordinance, the plan shall be modified to increase the size of the drainage easement from Wellington Court to Lot 3 to twenty (20) feet. ' ' 5. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance, the applicant shall include on the plan the fo owing note' "Approval of this subdivision/land development plan by the Borough of Carlisle constitutes no representation or warranty by the Borough regarding the suitability of the area for basements or crawl space construction as it relates to hfgh groundwater. Any basement or crawl space may experience flooding." Agreement - Rockfield Pursuant to § 226-29A of the Subdivision and Land Development Ordinance, the applicant shall modify the plan to locate street trees writhin a tree lawn of a minimum width of four feet. 7. Pursuant to § 226-31 of the Subdivision and Land Development Ordinance, eight percent (8%) of the tract being developed or .8907 acres, shall be dedicated to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31 (C) and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31 (E), accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $,8,970.00 payable prior to recording the filial plan. 8. Pursuant to § 509 of the Pennsylvania Municipalities Planning Code and § 226-20 of the Subdivision/Land Development Ordinance, the developer shall post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include the cost of alt required and anticipated public improvements. 9. Pursuant to § 226-21B(12) of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note that no blasting be performed during the construction of the swale running along the south boundary of the development. 10. Pursuant to § 226-21 B(12) of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note that no blasting will be used within the 25- foot setback line for lot # 9 along the properly line of: adjacent landowners to the south. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant or Applicant's Representative Name of Applicant or Applicant's Representative ~. ~'~ -'~.,~::>'-~ Date LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE. PENNSI'LYANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAI£ : [MHLA t4'~UPERNEZ C OM February 13, 2003 Attn: Ken Womack Borough of Carlisle 53 West South. Street Carlisle, PA 17013 Re.' Dear Ken: Rockfield Subdivision Final Land Development Plan I have reviewed the reports submitted by the developer as well as our engineer. My clients are willing to accept the conditions as have been formulated by your staff. They include the following: I. Condition 2: Bond and Proof of Insurance prior to blasting. Condition 9: No blasting will be permitted in the construction of the Stormwater Swale. Condition 10: No blasting will occur within twenty-five (25) feet of the Southemboundary line of lot number 9. If these conditions are adopted, my clients do not oppose the approval of the Final Subdivision Land Development Plan of Rockfield. I do not plan to attend the meeting of the Borough Council since the developer has agreed to these conditions. Please contact me if you have any questions. Very truly yours, MAM/mln cc: Marjorie Giller Spivak, Esq. Bruce H. Spivak, D.M.D. Hubert X. Gilroy, Esq. IRWIN, MJI/GNIGHT~ HUGHES CONSENT TO FINAL SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS Revised Final Subdivision/Land Development Plan Carlisle Plaza Mall/Lowes Home Improvement Store East High Street and York Road Staff recommends Borough Council approve the final subdivision/land development plan, subject to the following conditions: 1. Pursuant to § 226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be flied with PennDoT and shall provide an approved HOP from Penn DOT which includes all highway improvements that effect Penn DOT right-of-way and that are included as part of this project. Pursuant to § 226-19J(1) of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough Solicitor, the proposed text of deeds for changes of existing lot lines of existing tracts, parcels or lots. 3. Pursuant to § 509 of the Pennsylvania Municipalities Planning Code and § 226-20 of the Code of the Borough of Carlisle, the developer shall post the required financial security for all public improvements and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The amount of the required improvements shall include but not be limited to the cost of all public improvements and improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) ultimately issued. Subject to PennDoT approval, these improvements include, but are not limited to: the cost of new traffic signals at driveways 5 and 7; associated lane striping reconfiguration on Trindle Road to include left and right turn lanes between driveways 5 and 7; realignment of driveway 1; closing of driveway 6, signal timing modifications to York Road/Giant Lane traffic signal; and, reconfiguration of driveway 8 for right turn exit only. 4. Pursuant to § 226-19K of the Subdivision and Land Development Ordinance, the applicant shall provide an amended final erosion and sedimentation control plan pursuant to all applicable statutes, regulations and rules. An amended soil and erosion control permit and an NPDES stormwater permit, as required, shall be issued by the Cumberland County Conservation District prior to recording the final plan. The final E&S and stormwater permits shall be in accordance with DEP requirements. 5. Pursuant to § 255-188D of the Carlisle Zoning Ordinance, at the time of recording the final subdivision/land development plan, the applicant shall provide for recording with the plan, in a form acceptable to the Borough Solicitor, a signed, perpetual, non- Agreement - Plaza Mall exclusive easement for access between Lot 1 (the Plaza Mall lot) and Lot 2 (the Lowe's lot) as the lots are depicted on the final subdivision/land development plan, dated 7/15/02, revised 7/25/02 which guarantees uses on each lot the right to use any shared driveways and parking. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of AIJDiica~[ or Applicant'sc~epresentative Date Name of Al~plicant or Applicant's Representative OPUS. THI~ OPUS GROUP Febraary 13, 2003 St~vcn J. Fhhman, E~l~ire 95 AleXander Spring Road Carlisle, PA 17013 Mr, K~,neth Woma~k - 53 We~t South Strut Carlislc, PA 17013 D~ Mr. Fi,btam md ~. Womack: I m ~fi~ lo ~fom ~u ~ ~us E~t, ~C h~ ~f~ B~, ~ o~, ~ ~'s ~t~st N ~ 2002 . Exce~on s~ ~ ~u~t~ ~u~ their agog, a def~ of ~fi~ ~ ~e p~g d~dopmmt a~lic~ion. We believ~ ~ey, ~ ~ of~ lind .~ ~, have ~dNg m ~e ~e ~ ~d wo~d appreciate ~vo~le ~idcmfion of~at ~u~t. OPUS I~AST, 2099 G~ R~d. a~k~lk, ~ 20850 Phone ~01-3~ F~ e o u,s you v~'y m~ch. Sincerely, Op~, LLC cc: C~orge Asimos, Saul Ewiag Francis & Phoebe Bear 02115103 THU 16:13 F.~ 3013543199 OPUS EAST LLC ~002 OPUS. THE OPUS GROUP Date # of Post_it® Fax Note 7671 ~/18/0 & Ipages)' f' Febmaryl3,2003 Stevcn $. Fishman, Esquire 95 Alexander Spring Road Carlisle, PA 17013 Mr, Kenneth Wornack Plaauing, Zoning and Codes Manager Borough of Carlisle 53 West South Street Carlisle, PA 17013 Dear Mr. Fisbman and Mr. Womack: I am writing to inform you that Opus East, LLC has mmsfcrred td~Frances Bear, as ovmer~, Opus East's interest in the 2002 Special Exception peDdin$ preliminary lan. d development application pextnlnlng to the industrial propos~ by Opus East for the Bear property on All~n Road. We understand that t have reque, sted, through their ag~ats, a defm'ral of action on the ' dcwlopm~t application. We believe they, as owners of the land and fights, have stand/ng to make the request and would appreciate the favorable consideration of that request, Thankyouverymuch. Sincerely, Op ~u~. t, .T. ~,~ cc: Oeorge Asimos, Saul Ewing Francis & Phoebe Bear $ OI~U$. February 13, 2003 Ed Schorpp, Solicitor Carlisle Borough 53 West South Street Cadlsle, PA '17013 Dear Mr. Schorpp: We are writing in regard to land that we own in Carlisle Borough, which was recently granted a Special Exception and which is subject to a pending Preliminary Land Development application, submitted by Opus East, LLC. Please be advised that we have engaged lVlr. Charles Suhr, Esquire of Stevens and Lee, to represent us at tonight's Council meeting with respect to the transfer from Opus to us of right and interest to their plans and the Special Exception, and with respect out request for a deferral and an e~tension. ~, Respectfully submitted, Francis L. Bear Phoebe S. Bear February `13, 2003 Edward L Schorpp Solicitor C/O Martson, Deardorff Williams and Otto Ten East High Street Carlisle, PA '170'13 RE: Cumberland County Tax Lots Dear Mr. Schorpp: We are writing in regard to the matter of the Preliminary Land Development Plan submitted by Opus East, LLC, and currently pending before Borough Council. Until recently, Opus Development East had been working with our permission, under an Option Agreement, to pursue plan approval with respect to developing and building an industrial warehouse building on a part of our property referenced above lying in Carlisle Borough. As we understand it, the current status is that an extension granted to Opus is due to expire on February 20, and action on this application is scheduled to be taken at the Boreugh's meeting today, February 13. Under separate cover, you have received a letter today form Opus East notifying you of their assignment to us of ownership of Opus East's plans and permits. Because of the timing of this transfer of ownership, we respectfully request a 90-day extension, and a deferral of any action by Borough Council until we can come forward and make a proper presentation to Council. Respectfully yours, Francis L. Bear CC: Ken Womack, Carlsle Borough Phoebe S. Bear DYLAN PAIN~ DAYTON F~rua~y 12, 2003 Kemaeth W. Womack Pl~uu~ng Zoning~Codes Manager Borough of Carlisle 53 West ~outh Street Carlisle, Pennsylvania 17013 R E: Opus East~...LLC Preliminary Subdivision and Land Development Plan for Bear Prop~-~'y. Piease accept thin le~;~.r as Opus' extension to the Borough for action on its preliminary Sulxlivision a~d LaRd Development Plan until March 20, 2003. Opus respectfully requests Borough Co~acil to table ~ Pla~ amil the ~ regularly sclaedul~ meeting of Couacil ia order to ;,Row the landownex and opus to conclude negotiations on t~s property. G~:orge Asimos, P_~q. G..:off Lilja Ve~d~Y~ter D:~~~, _Unly~you?, ~.~ .~ , Feb. 6. 2003 3:23PM 110,0188 P. 2/2 CB [] Richard Ellis February 6, 2003 Mr. Ken Womack Planning/Zoning/Codes Man,get Borough of Carlisle Municipal Building 53 West South Street Carlisle, PA 17013 VIA FAX Re: Property of Mr. and Mrs. Frances and Phoebe Beer Dear Mr. Womack: On behalf of Mr. and Mrs. Frances L. Bear, whom we represent, we are writing in regerd to the matter of the Preliminary Land Development Plan currently pend[ug before Borough Coancil. Until recently, Opus Development East had been work[ug ~ith thc Bears' permission, under ~ Option Agreement, m pUrSUe plan approval with respect to developing and building an industrial warehouse building on a part of the Bears' property lying ia Carlisle Borough. As we understand it, the current status is that au extension granted to Opus is due to expire on February 20, and action on this application is scheduled to be taken at the Bomugh's next meting on February 13. Thc Option Agreement between Opus and Mr, end Mrs. Beer provides for the Bears' ownership of any products end results of Opus's effbrts, [uolading plans developed by Opus and any applications filed by Opus. Accord[ugly, Mr. and lvlrs. Bear es the legal owners of the property have now aSsumed Opu.s's position, and intend to pursue approval of the plan. However, g~ven the fact that Mr. and Mrs. Boar have only recently stepped [ute Opus's shoes, and have just begun to work with a new developer, they have instructed us to respectfully request on their behalf a 60-day extension, and a deferral of any action by Borough Council until they, ortho developer they are now working with, can come forward and make a proper presentation to Council. Respectfully yours, Cieorge $6Lulos and William A. Aiello Feb-13-03 11:20A Irwin Law Office 717+243+9200 P.02 ......... '-'~= ~ c ,~, r' r- rw~:5~Ul<U I W p '717843 l 5S;B p. ! OPUS,, THE OPUS GROUP OPUS EAST. LL.C. Janu~'u3~6, 2003 Steven Fishman Chairman Carlisle Boro Council 2150 NewvJlle Road Carlisle, PA 17013-7746 Gerald B,'~rrick Chairma~ Board of Supervisors West Pennsboro Township 2150 Newxdlle Road Carlisle, 'aA 17013-7746 RE: Bear Tract Rezoning Gentlemen: This is our response to your leller dated tanuary 2, 2003 f'ora Evelyn Swartz We are writing to notify you that Opus East has decided not to proceed with the purchase transaction oft. he Bear Farm and that we are terminating a Purchase and Sale Agreement with Francis and Phoebe Bear. Harvey Hoover's suggestion that Opus East needed more time in order to properly address the real concerns raised by the West Pennsboro Township concerned citizens, as well as the pianning commission, were greatly appreciated. During this extra time, we have come lo the conclusion tlmt only a portion of the site could be zoned for industrial. It has always been our objective to secure property to utilize for a large multi-phase industrial park, accommod~ting users of 500,000 SF to 1.0 million SF. Based on new engineering studies, our conclusion was that even if Opus were to be able to develop the ~ont 117 acres of the site, thi.~; would not provide enough density on the front parcel, for an economically viable project. We are disappointed that this transaction could not be brought to fruition, but w'e are actively engaged with several other sites in the area that ~n provide the zoning density that we need. Either GeoffLilja or myself would be happy to meet with you should you have any questions. Sincerely, Pete Reinke Development Manager MINUTES CARLISLE BOROUGH COUNCIL MEETING December 12, 2002 President Fishman called the meeting to order at 7:12 p.m. Councilor Giordano led the invocation and Pledge of Allegiance to the Flag. After roll call by the Secretary, the following members of Council were present: Fishman, Gossert, Giordano, Heineman, Kronenberg, Rankin, Scott, and Student Ambassador Grant. Also present were: Manager Bean, Assistant Manager Moonis, Finance Director Graham, Parks and Recreation Director Crouse, Public Works Director Keiser, Planning/Zoning/Codes Manager Womack, Solicitor Schorpp, Police Chief Margeson, and Secretary Armstrong. SCHEDULED CITIZENS TO BE HEARD CONSENTAGENDA On a motion by Councilor Kronenberg, second by Councilor Gi.ordano, Council voted 7-0 to approve the Consent Agenda. A. Minutes Historic District Guideline Committee Meeting of (~:tober 30, 2002 Finance Committee Meeting of November 12, 2002-Outside Agencies Public Hearing of November 14, 2002-Cherry Street Vacation Council Meeting of November 14, 2002 Finance Committee Meeting of November 18, 19, 20, 2002-Budget Hearings B. A~roval of Bills and lnvestment Transactions Expenditures as of Novernber 30, 2002 General Fund Water Fund Sewer Fund Parking Pund DARE Fund Self-lnsurance Fund Recreation Area Fee Fund Fort LeTort Fund Highway Aid Fund $528,122.59 $127,069.49 $185,291. 76 $14,317.93 $138.32 $1,567.17 $0. O0 $0.00 $0.00 C. Attend nce A royals: 1. Code Enforcement Officers Michael Landis and Ray Alien to attend Residential Energy Inepector /Plans Examiner Certification training and testing in Harrisburg, Pennsylvania from January 9 - January 11, 2003. Approval for an officer(s) to attend the Physical Performance Standards for Law Enforcement Seminar in Las Vegas, Nevada from January 22. January 23, 2003. Attendee(s) will be selected on schedule and availability criteria. D. Historical Architectural Review Board: Approval of the following: 1. A request by Dr. John Bombaro for a Certificate of Appropriateness at 201 S. College Street to install an approximately 22 inches wide by 35 inches high duraply (wood facsimile) sign on a new wooden sign post to match the existing sign post (subject to a variance by the Zoning Hearing Board), or a smaller sign of the same materials not to exceed two square feet which complies with Zoning Ordinance requirements. The sign has black lettering on a white background and reads: "The John Newton International Center for Christian Studies, Affiliated with the Cowper & Newton Museum in Olney, England," and includes the house number. A request by Timothy D. Lively for a Certificate of Appropriateness at 166 E. Pomfret Street to enclose a second floor porch on the rear of the property with cinder blocks to match the first floor 1940's addition and to install a wood window on the south elevation to match the existing one over one porch window. The new block wall will be painted to match the existing block wall. 3. A request Timothy D. Lively for a Certificate of Appropriateness at 172 W. Pomfret Street to: Remove insulbrick from the west elevation of the middle section of the property and restore the original wood siding underneath. Should this siding be defective applicant will replace the siding with HardiPlank© lap siding to resemble the existing wood siding. On the same elevation, remove the center top window and add one additional lower wood window to match the existing lower window. Replace other existing windows with wood replacement windoWs of the same style and configuration. Remove the siding from the rear upper portion of the west elevation and replace with HardiPlank© lap siding to match the middle section wood siding or replaced siding. Restore the lower brick wall and replace the existing window with a six over six wood window. Replace the upper floor rear door on the east elevation, with a nine light door a. nd replace all windows with six over six wood windows to match the existing. 4. A request by Tom Orlusky for a Certificate of Appropriateness at 55 S. Pitt Street to replace windows on three sides ora rear porch with vinyl clad casement windows to match the original windows destroyed in a recent fire. 2 5. A request by Lee Scholl representing 3T lnvestors for a certificate of Appropriateness at 48.56 W. High Street (the Centenary Building and adjacent lot) for the details and elevation plane provided with the following modifications: On the west elevation, replace existing double window on the lower floor with a single window with the top treatment to match the existing lower floor windows. On the west elevation, eliminate the single side light and center the door. Applicant will continue to explore options to maintain the architectural feature of this entryway door, transom and parapet while making the entrance compatible with building code access requirements. For the new construction (High Street elevatione), modify windows to be narrower and longer and remove the shutters to make them more compatible with Centenary building windows; explore options for additional windows to the new addition adjacent to the theater. For both new additions, reduce the number of panes on all windows to either two 6. A request by Lee Scholl representing Hometown Development Corporation for a Certificate of Appropriateness at 14-20 N. Hanover Street (the Woolworth Building) for the details and elevation plans provided. E. Employee Relations/Citizen Particioation- 1. Reappoint Allen Loomis to a second full term on the Carlisle Borough Municipal Authority Board. Term will expire December 31, 2007. 2. Reappoint Jeff Benjamin to a first full term on the Zoning Hearing Board. Term will expire December 31, 2007. F. Finance' 1. Authorize a contingency appropriation ($28,500) from the Self. lneurance Fund t6 cover expenditures that occurred in 2002 as a result of insurance claims and/or accidents. 2. Approve a Resolution (12-12-02-01) to require employees working for employers within the Borough of Carlisle to complete a Certificate of Residence (COR) when starting a new job or having a name and/or address change after December 31, 2002 3 REGULAR AGENDA TABLED. CONTINUED. AND RECURRING ITEMS 1. On September 12, 2002, Council tabled a request by Carlisle Area OIC for one (1) fifteen-minute parking meter in front of Carlisle Area OIC. On October 10, 2002, council tabled the adoption of an Ordinance amending the Code of the Borough of Carlisle, adopted by Ordinance 1576, and thereafter amended, with respect to Chapter 255, Zoning, to provide clarification on requirements for setbacks from residential property and districts and to continue the objective of compatible land uses across municipal boundaries. Council voted 7-0 to remove a tabled request by J. Kenneth Barner for a Certificate of Appropriateness at 119 S. East Street. Applicant replaced an existing wood and single glass pane door with a metal, six-panel door (top two panels containing glass). Issue was originally tabled on October 10, 2002 in order to allow ample time for the applicant (Barner) and HARB to agree upon installment of an appropriate, HARB-recommended door. GossertJHeineman Council voted 7-0 to approve a Certificate of Appropriateness request by J. Kenneth Barner at 119 S. East Street. Applicant replaced a non-conforming metal, six-panel door (top two panels containing glass) with an appropriate, HARB-recommended door. Gossert/Kronenberg Councilor Scott thanked HARB and Mr. Barner for their diligence in resolving the door dilemma.- REPORTS FROM ELECTED OFFICLal.q A. President's Report .~fter the following remarks, Council voted 7-0 to approve and adopt a revised set of Historic District Guidelines with the addition of the suggested, recommended revised language to Guideline #4 and Guideline #7. (Copy of revised guidelines attached to these minutes) Kronenberg/Gossert Mr. Fishman explained that Guideline #7's text "public thoroughfare" would be changed to "public way", which would be consistent with the terminology used in other sections of the Borough's ordinances. Ms. Ellen Hughes, 160 West Pomfret Street, Carlisle, requested that Council make a distinction between aluminum/vinyl replacement over stone or brick compared to wooden buildings. It was suggested that language regarding wooden buildings be eliminated from Guideline #4. Mr. Fishman concurred with the request. 4 Council voted 7-0 to approve the 2003 Council meeting schedule, maintaining the second Thursday of each month, with the May 2003 meeting scheduled to begin at 8:00 p.m. Kronenberg/Heineman A preliminary recommendation was made to hold the April Council meeting on the first Thursday, due to Manager Bean's scheduling conflict. Mr. Kronenberg requested that Assistant Manager Moonis replace Mr. Bean during his scheduled absence in April 2003. Council voted 7-0, by roll call votel to adopt an Ordinance (1976) to extend the term of Comcast Cable Communications, Inc., Franchise Term until June 30, 2003. Scott/Heineman B. Mayor's Report None REPORTS FROM COMMITPEES A. Community Planning/Oualitv of Lifo Committee After the fo]lowing briefing, Council voted 7-0 to authorize the Council President and Borough Secretary, to execute a Mortgage Subordination Agreement, acceptable to the Borough Solicitor, to subordinate the mortgage held upon the premises at 14- 20 North Hanover Street, Carlisle, in the original principle amount of $170,000.00, to a mortgage from a private lender in an amount not to exceed $800,000.00 at a variable interest rate (initially 5.50%), with an amortization schedule not to exceed 25 years, and further to subordinate the Carlisle Area Economic Development Corporation loan in the original amount of $75,000.00, at a variable interest rate (initially 3.8%) with an amortization schedule not to exceed 15 years. Kronenberg/Heineman Mr. Chris Gulotta, Director of the Redevelopment Authority of Cumberland County, briefed Council on the permanent financing subordination. Council was informed that the project's construction phase would proceed in January 2003. It was pointed out that the interest rates stated would be variable :rates, with a rate-lock placed on. the permanent financing for three (3) years. In addition, the CAEDC interest rate (80% of prime) and (3.8% initially) could be adjusted on a monthly basis. After the fo]lowing remark, Council voted 7-0 to approve a final subdivision/land development plan submitted by J. Michael Brill & Associates, Inc., on behalf of B.T. Group, to construct a nine thousand one hundred seventy-five (9,175) square foot electrical supplies retail store and associated service area, along with associated parking and public improvement at the southwest intersection of Ritner Highway (SR 11) and Meadow Boulevard (R-2 Medium Density Residential District); subject to a copy of signed conditions (attached to these minutes). Kronenberg/Heineman 5 Mr. Timothy Diehl, J. Michael Brill & Associates, Inc. Representative, remarked that his company agreed to all conditions. Mr. Kenneth Womack, Planning/Zoning/Codes Manager, concurred receipt of the signed conditions. 3. Council voted 7-0 to waive a preliminary plan, submitted by Brehm-Lebo Engineering, Inc., submitted on behalf of Dennis A. Knaub, for a final subdivision plan for the tract of land identified as 519/525 South Hanover Street (C-4 Neighborhood Commercial District/R-2 Medium Density Residential District). Kronenberg/Heineman Council further voted 7-0 to approve a request~ submitted by Brehm-Lebo Engineering, Inc., submitted on behalf of Dennis A. Knaub, a final subdivision plan for the tract of land identified as 519/525 South Hanover Street (C-4 Neighborhood Commercial District/R-2 Medium Density Residential District); subject to signed conditions (attached to these minutes). Kronenberg/Heineman 4. After the following comments, Council voted 6-0-1, Councilor Fishman abstaining due to a conflict in interest, to grant an extension of time for final resolution of the Opus preliminary land development/subdivision plan as requested by the developer, Opus, Inc. Kronenbergfl-Ieineman Councilor Kronenberg commented that the Borough has consistently granted time extension requests similar in nature to Opus, Inc. Furthermore, the said extension would be granted through February 20, 2003. Mr. Bill Barker, Member of the Association for Concerned Citizens of Weet Pennsboro Township, addressed Council on the Opus East time extension request. Solicitor Schorpp interjected that due to the absence of Opus representatives, Mr. Barker's comments would need to be for the sole purpose of the said request and not the subdivision plan's merits. Mr. Barker was further informed that should Council decline Opus' request for an extension, then comments could be made on the plan's merits. Mr. Barker concurred and informed Council on the association's opposition to the time extension request. Mr. Barker stated that under Carlisle's Ordinance Section 255-228, Opus gave no rationale for said extension request and that the special exception clause would be considered null. Furthermore, Council was asked to consider the health, safety and welfare of the community; specifically, referring to Article 1, Section 226.2. Mr. Barker appealed for the requirement of environmental and traffic studies relative to the proposed plan. Councilor Gossert interjected that it had been past practice for Borough Council to grant extension of time requests. Furthermore, the Borough's engineering staffwas competent in researching environmental concerns and traffic situations. Mr. Gossert further stated that Mr. Barker, and the association, should voice their concerns at the appropriate time. Mr. Barker explsined the necessity for the association to have said concerns made part of the record due to Opus' past and present absence. Councilor Kronenberg interjected that Borough Conncil would address both Opus' and the association's concerns at the proper time. Councilor Giordano asked the Borough Solicitor to clarify the extension of time request and whether Council had the legal authority to extend. Solicitor Schorpp explsined that Borough Council had the discretion to grant the extension of time or decline. If declined, then Mr. Barker would be able to address the plsn's merits. If Council approved the extension of time, then any discussion on the plan's merits should be postponed. Furthermore, the 90-day time period placed on Borough Council by the Legislature was for the purpose of not delaying and considering a developer's plan. When a developer comes before Council, requesting an extension of the 90-day time period, then Borough Council is obligated to "deal in good faith" with the developer; consequently, granting/declining the extension and dealing in good faith. Councilor Fishman asked for any further comments and received no response. B. Emolovee Relations/Citizen Particivation: Council voted 7-0 to adopt a Resolution (12-12-02-02) to reduce member contributions to the Borough of Carlisle Police Pension Plan from the prescribed Act 600 contribution rate of 5% to 1% for the period of January 1, 2003 to December 31, 2003. Heineman/Gossert 2. Council voted 7-0 to adopt a Resolution (12-12-02-03) authorizing the personnel complement for 2003. Heineman/Gossert Manager Bean remarked that the Borough was operating under the same number of employees as in 1989. Council voted 7-0 to adopt a Resolution (12-12-02-04) that would set specific guidelines of employment for Police Officers who are not members of the Police Bargaining Unit (Police Chief and two Lieutenants). Heineman/Gossert C. Finance: 1. Council voted 7-0 to approve tlie 2003 Budget Resolution (12-12-02-05). Rankin/Giordano Council voted 7-0, by roll call vote, to adopt the 2003 millage rate Ordinance (1977), that set the real estate property millage rate at 2.95 mills for fiscal year 2003. Rankin/Giordano Mr. Fishman remarked that the millage rate increase would cost the average homeowner an additional $29.00 per year. This figure was based on an average valued home of $100,000. 7 Council voted 7-0, by roll call vote, to adopt an Ordinance (1978), amending the Code of the Borough of Carlisle, adopted by Ordinance #1576, and thereafter amended, with respect to chapter 197, Sewers, to provide for modifications in the charges under the metered rate schedule. RankirdGiordano Mr. Bean commented that the sewer rate table would be modified and subsequently, large users would see substantial increases in their sewer bills under the newly adopted Ordinance; whereas, low users would be slightly impacted. Council voted 7-0, by roll call vote, to adopt an Ordinance (1979), amending the Code of the Borough of Carlisle, adopted by Ordinance #1576, and thereafter amended, with respect to chapter 251, Water, to provide an increase in monthly charges. Rankin/Giordano Mr. Bean stated that water rates had been low and the increase adjustment was necessitated by Federal and State clean water regulations.. Council voted 7-0 to adopt a Resolution (12-12-02-06) which set in place the structure to compensate all non-uniform full time and permanent part time employees, along with the Chief of Police and two Lieutenants of the Carlisle Police Force. Rankin/Giordano Mr. Rankin clarified that the salary/wage compensation increase would be one-halt percent (.5%) general component increase, one and c,ne~quarter percent (1.25%) group component increase, and one and one-quarter percent (1.25%) individual merit component increase. Council voted 7-0 to approve the 2003 Non-uniformed Part-time Salary Resolution (12-12-02-07), establishing compensation in the form of salaries and wages for all non-uniformed part time salaried Borough employees. Rankin/Giordano Council voted 7-0 to draft and advertise an Ordinancei amending the Code of the Borough of Carlisle, (Chapters 244 and 120), with respect to fees for parking violations, sidewalk/curb permits, and final water/sewer bills. RankirdGiordano 8. Council voted 7-0 to approve a Resolution (12-12-02-08) which would adjust swimming pool fees. Rankin/Giordano D. Parks and Recrea ion: 1. Council voted 7-0 to endorse a grant application from the LeTort Authority to DCNR, which will improve the water quality of the LeTort Stream. ScottfRankin E. Public Safety: Council voted 7-0 to direct the Solicitor to draft and advertise an Ordinance to enter into an Intergovernmental Cooperation Agreement with Cumberland County for the purchase of 800 MHz Radio Equipment. Gossert/Kronenberg 8 Mr. Gossert inquired whether a timeline had been established for the equipment's implementation. Assistant Manager Moonis replied that no timeline had been given, and that the Borough's goal would be to install and implement when the County was fully operational. Council voted 7-0, by roll call vote, to approve an Ordinance (1980), amending the Code of the Borough of Carlisle, adopted by Ordinance #1576, and thereafter amended, with respect to Chapter 244, Vehicles and Traffic, to provide a new handicapped parking space at ll6West Penn Street. Gossert/Kronenberg Council voted 7-0 to adopt a Resolution (12-12-02-09) authorizing the selection, condemnation and appropriation of four (4) small,/rrogular tracts of land owned by Pennsylvania Lines LLC (Norfolk Southern Railroad), which surround the former "Chilton" property on Lincoln Street, for use in conjunction with the Borough's new police fac/lity at that location. Gossert/Kronenberg After the following summarization, Council voted 6-0-1, Councilor Scott abstaining due to a conflict of interest, to approve a request by Carlisle Theatre for the closure of the first block of W. High Street from Pitt Street to Hanover Street from 12:00 noon on May 10, 2003 until 1:00 am on May 11, 2003 in order to hold a gala ball event. Approval is subject to completion and receipt of certificate of liability insurance forTM and all other pertinent information regarding said request. Goseert/Kronenberg Mr. Jimmie George, 162 ~A" Street, Carlisle thanked Borough Council for their previous support of the Carlisle Theatre. Mr. George introduced E.K. Weitzel, Chairperson of the Carlisle Theatre Gala Committee. Ms. Weitzel summarized the event and the rationale for the fundraising effort. Funds acquired would be used for marquee repair and theatre sound improvement. Borough Council was informed on the event's schedule~ In addition, the Gala Ball would pay all costs incurred for street closure. (Copy of letter of request and special event application attached to these minutes). ~ - F. Public Works: Council voted 7-0 to award a contract to U.S. Fflter/Stranco, Inc. for the purchase of a High Resolution Chlorine Controller System for the automatic control of chlorine at the Wastewater Treatment Facility. Giordano/Scott 2. Council voted 7-0, by roll call vote, to adopt an Ordinance (1981) amending the approved 1989 Drought Contingency Plan for Carlisle Borough. Giordano/Scott Mr. Bean explained that the State of Pennsylvania had requested that municipalities update their respective drought plans.~ Mr. Gossert inquired whether the Borough of Carlisle was currently considered to be in a drought emergency. 9 Mr. Keiser replied that the water table was still considered to be "below normal". NEW BUSn'qESS 1. Mr. Bean proposed that the Community Planning/Quality of Life Committee meet with the Planning Commission in January 2003 to review the Zoning Ordinance. Subsequently, the Planning Commission would meet in February 2003 to review the Ordinance; with Borough Council ultimately approving in March 2003. REPORTS FROM COUNCIL MEMBERS 1. President Fishman announced that an executive session had taken place at 6:00 p.m. for the purpose of discussing personnel and litigation matters, with no further action taken. Furthermore, Borough Council would adjourn to executive session after the Council meeting, with no further action anticipated. 2. Student Ambassador Grant announced that he would not be in attendance at the January 2003 or February 2003 Council meeting due to his college break. REPORTS FROM STAFF There being no further business, the Council Meeting adjourned at 8:19 p.m. Susan D. Armstrong Borough Secretary Steven J. Fishman Council President (Seal) 10 GUIDELINES FOR THE PRESERVATION/RESTORATION AND REHABILITATION OF BUILDINGS IN THE HISTORIC DISTRICT OF CARLISLE Adopted by Borough Council, December 12, 2002 Historic District Guideline #1: Deteriorated material on the exterior of a building shall be repaired or replaced with material that replicates the existing (or preferably original) as closely as possible. The following materials shall not be permitted unless otherwise provided for elsewhere in these guidelines: artificial brick, artificial cast stone, vinyl, or aluminum. On recommendation of thc HARB and action by Borough Council, other material may be deemed appropriate where the use of other material or materials replicates the detail, profile, configuration and properties of the existing (or preferably original) material. Historic District Guideline #2: All buildings should be recognized as products of their own time. Alterations that have no historical basis are not permitted; provided however, on recommendation of the HARB and action by Borough Council, alterations may be deemed appropriate where the use of said materials replicates the detail, profile, configuration, and properties of existing (or preferably original) material. Historic District Guideline #3: Previous changes to a building, which have acquired significance in their own right, shall be recognized and respected. Historic District Guideline g4: Aluminum or vinyl siding over brick, stone, or masonry is prohibited. Aluminum or vinyl siding over wooden buildings shall be prohibited where it can be readily seen from a public street or public way. If aluminum or vinyl siding is permitted as a replacement for existing aluminum or vinyl siding, the new aluminum or vinyl siding shall not be layered over the existing aluminum or vinyl siding. Historic District Guideline #5: The method of cleaning brick, stone, or other masonry structures shall be by the gentlest means possible. It is recommended that low-pressure water cleaning with a mild detergent be tried first prior to any other type Of cleaning method. Abrasive cleaning of brick or other masonry materials shall not be allowed unless it is necessary for the preservation of the historic structure. Chemical cleaning of brick or other masonry mate~-i~ls shall only be allowed where it can be shown that the chemical will not do permanent damage to the building surface, will not be harmful to the environment, and will be used in a safe manner. All chemicals used and the method of cleaning must first be approved by the Borough Engineer. The cleaning of buildings will only be allowed on a case-by-case basis. As an alternative to chemical or abrasive cleaning, it is recommended that repainting be considered to protect the historical significance of the building. Historic District Guideline g6: The removal of distinguishing architectural features shall not be permitted. In cases where such features have deteriorated beyond saving, they shall be replaced with materials that replicate the detail, profile, configuration and properties of the existing (or preferably original) material. Historic District Guideline #7: Thc location, dimension and material of replacement windows, doors and openings shall be the same as the existing (or preferably original) windows, doors and openings. Existing (or preferably original) windows, doors and openings, including all components: sash, glass, transoms, sidelights, lintels, sills, flames, moldings, shutters, doom, steps, and hardware, shall be retained and repaired whenever possible. Design or material changes that are not consistent with the existing (or preferably original) window or door components, and which appear on a primary facade ora building, shall be prohibited, except as set forth below. A primluy facade is the elevation(s) of the building, which directly faces a public street or public thoroughfare; a building may have more than one primary facade. A secondary facade is the elevation(s) oftbe building that is (are) seen fi'om a distant public street or public thoroughfare and substantially blocked from view by another building (such as the rear elevation screened by a garage or a side elevation adjacent to another building). Replacement windows or doors, or their components, which are on a building's secondary facade, shall be consistent in style with the existing (or preferably original) materials, but may be composed of other materials. Consistent with guideline number one, replacement materials on either a primary or a secondary facade shall be permitted if they replicate the detail, profile, configuration and properties of the existing (or preferably origit~al) material. Historic District Guideline #8: The original material and architectural features of porches, steps, and hand rails including balusters, columns, and brackets; roof decorations of wood, cast iron, terra-cotta tile, and brick should be retained when possible. Such materials shall be repaired or replaced with material that replicates the existing (or preferably original) as closely as possible. Historic District Guideline 89: Roof shape and pitch shall be preserved. The material shall be repaired or replaced with material that replicates the existing (or preferably original) as closely as possible. If the cost of a particular material is prohibitive, such as slate, terra-cotta or metal, an aesthetic facsimile recommended by the.HARB and approved by Borough Council may be utilized. Historic District Guideline #10: Unless modified herein, the Board shall utilize thc most recent version of the Secretary of thc Interior's Standards for Rehabilitating Historic Building~ in its recommendations. Historic District Guideline #11: Signs should be integrated into the particular architectttral character of the building and neighborhood and follow the Historical District precedent in form and in placement on thc building. Signs should be either consistent with thc period of the building or clearly contemporary to enhance old/new inter-relationship. Signs should approximate the quality of materials, designs, and workmanship of surrounding architecture and should be linked to particular building colors and/or materials. Historic District Guideline #12: Signs should be primarily pedestrian oriented. Lettering should be clear, legible and in character with the architecture or history of the building. Signs should integrate hardware appropriately into sign design. The lighting of signs is to be considered as part of the aesthetic illumination of the overall display and/or architecture. The illumination should be subtle, pedestrian oriented, and not in competition with adjacent illuminated signs. NEON SIGNS ARE PROHIBITED IN THE HISTORIC DISTRICT UNLESS THEY BLEND IN WITH THE ARCHITECTURE OR HISTORY OF THE BUILDING. 12/6/2002 3:40 PM PROB: Pax Borough o~ Carlisle TO: g, 691-7654 PAGE: 001 OF 002 CONSENT TO FINAL SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: FINAL SUBDIVISION/LAND DEVELOPMENT PLAN HITE ELECTRIC COMPANY Ritner Highway and Meadow Boulevard Staff recommends Borough Council approve the final subdivision/land development plan, subject to the following conditions: Pursuant to §226-21A(8) of the Subdivision and Land Development Ordinance, the plan shall include the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to §226-21B(9) of the Subdivision and Land Development Ordinance, the applicant shall provide to the Borough, prior to recording the final plan, a fee of $2,000.00 (Two Thousand) to access Borough stormwater management facilities. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall, provide, for review and approval by the Borough Solicitor, a deed of consolidation for the consolidation of lots shown on page 1 of the plan. Pursuant to §226-19M of the Subdivision and Land Development Ordinance, the applicant shall provide an easement agreement or other remedy to address encroachment from the lot identified as now/formerly Owen E. Meals. Pursuant to §226-19M of the Subdivision and Land Development Ordinance,-th-e applicant shall eliminate the page numbering specifically for recording purposes as shown on pages 2-5 of the plan and include the entire plan as submitted for recording. Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under 12/6/2002 3:40 PM FROM: Fax Borough Of Carlisle TO: 9, 691-'1654 PAGE: 002 OF 002 any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DE P and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. Pursuant to Section 226-31 of the Subdivision and Land Development Ordinance, five percent (5%)'of the tract or 0.052 acres, shall be dedicated to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31 (C) and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31 (E), accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $780.00 (Seven Hundred Eighty Dollars) payable prior to recording the fina~ plan. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Date CONSENT TO FINAL SUBDIVISION PLAN APPROVAL WITH CONDITIONS RE: Final Subdivision Plan Dennis A. Knaub 519/525 S. Hanover Street Staff recommends Borough Council approve the final subdivision plan, subject to the following conditions: Pursuant to §226-21A of the Subdivision and Land Development Ordinance, the applicant .shall eliminate the word "Minor" from the title of the plan and all. references to the title of the plan. 2. Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough Solicitor, a deed of consolidation for the consolidation of lots shown on page I of the plan. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. , .:. j S~gnature of Applicant or Ap'~plicant's Representative Date Name of Applicant or Applicant's Representative Final Agreement- Knaub Subdivision.doc November 20, 2002 Mr. Fred Bean Borough Manager Municipal Building 53 West South Street Carlisl.e, PA. 17013 RE: Special Events Application Dear Manager Bean: The Carlisle Theatre Gala Committee is in the midst'of planning a l0th Anniversary Ball to be held on May 10, 2003 at the Theatre. One 6fthe options we are considering is a black-tie, tented red carpet reception to be held outside on High Street between Hanover and Pitt Streets. This reception will start at 6 PM followed by a perforraance inside the Theatre and then resume after the concert. The purpose of this letter is to formally request that the first block of West High Street be closed fzom 8 AM in the morning to 1 AM the following morning for the purposes of this event. We would also like this item to be placed on the regular Council agenda for your December 12th meeting. Should you have any additional questions or have suggestions as to other options that might be available to us, please do not hesitate to contact me at my work, Cumberland County Human Resource Department- 717-240-7878. I look forward to working with-you'i~ the ~utu~e'on this~o-rthwhil~-and excitin~-p~oj~t foYthe~b~/,nt/J~n of Carlisle. Sincerely, E. K. Weitzel Gala Chairperson cc: Borough Council Mayor Kirk Wilson Carlisle Police Chief Margeson SPECIAL EVENTS APPLICATION APPLICANT'S NAME: CtvtLL~e R~.~om~ pe. at~o~tm/m]' ~,~t.~ Ce~ ~PLIC~T'S~DRESS:_. 44 ~ H~ S~, ~, Pa. 170;~ ~PLIC~SPHO~: 777-~40-0970 o~ 717-255-066~ N~E OF P~ ~SPONSIBLE FOR SPECI~ E~ (ENTITWS REPRESE~AT~):. [ K ~Zz~ ADDRESS OF RESPONSIBLE PAR~: 4~ ~t Po...gt*~t: ~..f~ Pa 17~1~ PHO~ OF RESPONSIBLE P~TY: ~-f~o_~6 ~- f~-757~ PURPOSE OF SPEC~L ~NT: Th~ ~ ~ ~oa ~ C~ Tk~g ~o~ a DATE: TIME EVENT BEGINS:. TIME EVENT ENDS:. AREA IN %~ICH THE SPECI~ EVENT %%qLL BE HEL~Street, Sidewalk, etc.): Th~ ~eet ~ o~ ~e ~ ~ o~ - If this Application is approved, it is subject to all of the following cOnditions by ',rhich the Applicant and Responsible Party intend and a~ee to be legally bound:. 1. . Upon recommendation of the Borough i~,Ianager, with input from the Chief of Pol-ic~, the .Borough Council may impose such conditions relating to personnel, supplies, eqmpmen:, casualty insurance and other matters as it deems necessary to protect the general.public and Special Event Participants. ' 2. It is the policy of the Borough of Carlisle not to subject its taxpayers to payment of costs associated with any special event not sponsored by the Borough C,~uncil. Therefore, direct costs incurred by the Borough shall bl borne by the Costs Shall be limited to direct out-of-pocket expenses incurred Dy the ]~,~roa~h such as, but not limited to, wages paid to Borough employees, special fire poli~e wages. and the cost of temporary siKa and barricade rentals. No approval shah ~e issued until all costs for prior special events approved for :he Applicant shall have been paid in full. Limitations on approval. No approval granted hereunder shall authorize or excuse any breach of the law or any trespass upon the rights of others or render the Borough of Carlisle liable for any damage committed or caused under color thereof. Applicant hereby indemnifies and holds the Borough of Carlisle, its elected officials, appointed officials, agents and employees harmless from and against any and all claims and liability for personal injury, property damage, death, loss, deficiency, claim or other expense (including reasonable attorney's fees and other costs and expenses incident to any claim, suit, action, or proceeding) asserted by or on behalf of anyone, in any manner either directly or indirectly arising out of the activity for which this approval is granted. Applicant agrees to conduct this Special Event in accord with all applicable ordinances, statutes, and regulations of the Borough Of Carlisle, the Commonwealth of Pennsylvania, and the United States of America, and no activity shall violate any of the foregoing. Approval is granted for the purpose set forth above~ and no other activity shall be conducted except upon further approval of the Borough Council. Applicant agrees to conduct the Special Event so as not to become a nuisance to the general public, or the neighborhood in general, and so as not to disturb the peace and good order of the Borough. 8. APPlicant agrees to conclude the Special Event by the time specified and shall promptly restore public areas to the use of the general public. 9. Applicant agrees to be bound by all of the. terms and cDnditions Set forth-in-Section 244-5 of the Code of the Borough of Carlisle. 10. Revocation of approval. The Borough Manager, in his sole discretion, may at an)' time revoke any approval'if there shall have been committed any breach of the terms and conditions Under which the Same was issued or a violation of the terms and conditions of Section 244-5 of the Code of the Borough of Carlisle, upon ~iving to the ............ ?rson to~vh~m the-~ppreval was-isst~ed.-notice~f such re¥~atio~¥-Fr~r~-~h-~f~'~-d-f ......... such notice of revocation, any act done under color of such approval shall subject the person doing, or allowing it to be done, to the same penalty as if he or she had done such act without such approval. 11. Penalties for offenses. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, for each and every violation be sentenced to pay a fine of not less than three hundred ($300) dollars. Each day's violation of any of the provisions of this section shall constitute ~ -~eparate offense. IN WITNESS ~VHEREOF, and intending to be legally bound hereby, the Appiican~ has c. aus.ed this Special Events Application to be executed th~ date in ' - .- · Apphcatmn on behalf of the Applicant the r ...... ~ _ . d~cated. B.~ ~-~=~n~ng this , ~o~-~,~,~ par~y represents that he or she has full authority to submit this Application and commit the Applicant to'the terms a. nd conditions set forth above. Signature of Appli~tfResponsible Party Dec.~mber 12, 2002 F'ia Facsimile (717) 249-.9587 Bo~ugh of Carlisle .53 W. South Su-eet Carlisle., PA 17013 RE: Opus F. as~ LLC Dcar Membe..s of Council: intends to take the r~s' ,-., a,...,__ .- Y, ~h he state~ t he . r- ~t~ ~ u~c contmlmnc~ ......... -- tha_ __ zs not a position ava/lab +,, ..... _.'~__.'~". ~ ._t~lt~..ea ?y Opus Bast should be den/ed_ lc ,,, i-~o~ la-om~mg an appl/cai/on. Opm East's land developmmt appli'ealion has been recommended~'Sr conditional appzoval by the Borough Sta~ It is whl~in the discretion of the applicant, and only the applicant, to extend the time for renderi~$ a decisioa on a land development application under section of the Municipalitie~ Plan,i,~$ Code as needed in Order to addre~ staffcornm,~ts and conditions. I call your attention to the recent oaso of~ which is attached to this letter. In ~ the mm~ioipality denied approval of an application despite tho fact that : specifieall¥~ t~ · ' ' the Ii . ---- . th timepenod m the Codewas' app cant end not thc municimlltv. +~,,.., t__.,:_ __ -: ._: .... mtendedlopzotec~ the time needed to address concerns ntise~ ~1~ be afford~o by staff. AlthoUgh the Com~J m~ht wcll dec,de ~o approve the applica~on with conditions ............ t~ke the addmonal ~-- .............. y staff~ applicant has elected to obliged to afford "~;" ne~os to ~ me~e condi~ons, Under ~ the tiffs add/tional lime. I am s~e that Council will agr~ that this is also a ma~ter of basic fairness and that the additional time causes no ham~. While Opus acknowledges Mr. Kutulakis' olients d~dre to have a d~isioa, and Opus wishes to caus~ no inconvenience m Couadl, the prote~tanW interest ia this matter does not rise to a level tha~ would allow denial of Op~s East's right to the time i~ requ~. WILMINGTO~ .~orou.gn Council December 12, 2002 I thank you on. be. ball o£ Opus'East for YOur ~areful m-te~tion to this matter. Very truly yours, GA/van ]~nclosu~c CC: IVir. Fredrick Bean, Borough Manage~ (via 717 249-5587) Jason P. lCutul~;% Esquire (via facsimile 717-249-3344} ........... · ,ct~uu~ u~:<~V~l In UJ:~b on tSne [7] for 1016 gORICSRv2 print~ $1)0C19~ on 12/12/2002 O~:2~M * Pg 2/6 # Comm~avmalth Co~rt $~ELBOURNR S. QUAR~ ASSOC~A'f~, L.p., '4. 80ARD O~ ~.mER¥I$ORs OF TOWNSH~ OF Submined c~ aric~ March 2, 2001. D,,~4¢d F=b. 20. 2O02. Reargument Denied April 25, 2002. Wes~ Hcadnoce$ Ill ZonlnR ~nd Plannis~ ~/4 f~l Y..on;~ nad f'hnnJng dcficica¢ics' in ~=afl~c st,dy e not sut~6~ll~ s~oifio bash~ to ju~i~ d~tal of d6vel09tt'~ Township's statement t~a[ developers ~-ubdlvls~on ' phn "did nm meet 1he tequ~'ements' or' efl~roemcela] SilO ~ or~m~ ~ fl~ Andn~v J ~, E~Ioa. fc~ appellee. Before M~4tNI~.y_. Judge. LEA.lYtset ~eA_. Judge. and 31ULIAHTE, Senior Judge.. Cope. 0 W~ 2002 NO Claim ~0 0r~.. U-S. Oovt Works .............. ~,= ,m ,we ~r,~:Rvz printed B00C197T on 12/1~/~002 02:28PH "Pg 3/6 Conservation Advisors 610 3~3673 P.03 794 A_2d 946 (eRe a~: '~J~ ~ 94~) Page~ Sh~oournc owns a ~5.6~c~e tract of land h ~ ~c's app~ ~ ~Mivide ~ ~e ~ ~i~ a~li~ a ~y ~ P~Jt ~, ~e ~ ~ R~ 4~ ~o T~ip ~ ~ ~ ~ ~o ~ = .... ~e T~p FNI. A 'hi~ volume dfiwway' Is d~.rmed b~ mo~c ~a~ 1500 ~chlcl~s p~ d&y,# ~7 Pa. Co~ ~} 44.!-I. t~q2. W~ ret, pea to the prior apldleatioa, d~e Board of Supea, i~a-~' miaute~ for the mmlng ee Pelx~ry 22, 19o9 iadi~:ate that two of t~e three Towasbip Supervisors On November 22. 1999, at a regular mr. eting, the S~ ~vi~ ~ ~e ~o pin de~, 8hel~e~ r~ ~ ~v~ i~ ~ ~ld ~ d~ ~ ~e ~e or f~d ~ ~ 5 ~d 7 ~ 422 ~L ~ d~ ~d bis t~v~ ~~~ howe~. V~ 1~ ~ ~ ~c ~s w]~ addM~ ~ ~ ~ ~s not ~n ~ ~m IL ~e ~ ~ ~11~ S~m~8 N~2~ 1~. Ca:pr. O West 2002 No Claim te Orig. U,$, Gert ~a~'orks printed B0~1977 o~ 12/12,~00:2 02;28~ ~ Pg 4/6 794 A.2d 94~ (C~e as: 794 ~2d ~4~} P~g¢ 3 CoW, 0 W~t 2002 No Claim to Oflg. U.S. Oov~ Works -~.,~ ~c/~c/cuu~ u~:~q~ tn uo:~o on tine [7] for 1016 VORKSRV2 pr;nted B00C197-,' on 12/1~/200Z 02:ZSP~ * Pg ~/6 OeC-3. g-OZ 14:32 COnset"v~t-ion Advisor's 610 3~3673 P,OS 794 A.2~ 94~ (Cite a~ 794 A.2d 946) Pa~e ~ rite'Eavkeemen~l Site A----_---.-:nl but ~[y ~ l~ ~ ~b To ~e m~g of ~C p~ ~ ~y, ~ ~ d~ ~e m~ ~d ~ of~c ~m~$ M~c ~ ~ ~c ~r r-~t;. We nme ~ add~on ~at paer M ~c supervisor~' den~. the TowndlJp°s engineer' and t~c etnn.~ng C~umis~on had indicated w~utd not be n:qui~ed unb'l ~he land d~w~lopmett pha.~ 151 TI~ Tm~,e~.~ nS~e~s e.m it could not ~t ~r ~1~ .~ dilate. ~ ~ the h~ tO d~ tbe~l~m ~ .... ~ ~ . _ . - -- ~ ~ tbttt~te-in:d as ~rMing. ovet-tecbnic~d, or simply ~ ~ ~e l~w oF ~hg" In al~- r~ ~al ~ ]~ a~ ~ in ~ ~ ~ ~. of ~~and~ ~y~ d~ ~d d~g ~ ~lo~t p~ due ~ "de m~is s~plu~' ~ ~e appT~e ~g ~fmc ~ ~on of ~e p~. In ~e ~t ~ ~ is no ~dence ~t ~e To~ del~y ~ m ~ a ~ h ~g to~o ~ ;n ~0~ nO d~s. Of ~ a m~i~l~ 'file eoffec~abic defects, while mx of ~hemsctvcz suff~iem to dray lbo pla~, ~re ~¢ompanicd by a si~le [e~ma~ substantive pl~a~ ~s.~nc-tho Copt. 0 We~ 20~2 No Ct~im tol'~a. U.S, Go, n. Works .............. · ~ ~,~ rgr ,u,o ~'XK~<VZ prlnted I~00C1977 on :1Z/12/2002 02:7~pH * P9 6/6 We rceo~ub~ ~ if xe~cs~ t~ ~e lot cmdd only ~c wl~c ~e. ~ H~e~ ~ ~ v. ~r ~Tr.~. 495 ~ ~d~m~ o~gg ANO NOW, t~b 2Otb ~ o1' l.'e.l~;y,~O02, thc order oft~t Co~t ofCommofl P~ea~ o~lbr~ County the alxwe ~tio~ed mawr is h~v~by A~FIRMED. 7~4 A.2d 946 FACS3~IL~ COVER Ches~erbrook Office 1200 Libeu~y Ridge, Sui~ 200 Wayne, PA 19087-5~69 From: GEORGE ASIMOS JR. Pages (lnctuding cover): CHmt/Matter #: 14479.76718 User #: 1016 Date: December 12, 2002 Direct Phone: (610) 251-5076 Direct Fax: (610) 408 ~.02 Se~der's Floor:. To: Name Borough Counc~l Fax N. mber 717-249-5587 Phone Nmnber CC: Name Fredrick Bean Jason Kutulakis Fax Nnmber 717-249-5587 717-249-3344 Phone Number Comments: Q The Original will be sent by re~lar '~- Q The Ortgin~ wm be sent by overnight ddivery. Cl No Origimd will be se~t. ]I~ORTANT NOTIC~ ~ t~.em~don is intended only for the addressees nnmed above ~md may contain lnformntio~ that ~ priV~g~d, confide~i~l, or otherw~e protected from diselom~ to ~nyo~ue else. A~v review, dis~,m~n.:O;ion or use of thi~ tnmsmission or its contents by persons other +~n the addressees is strictly prohibited. If you have received t. Ms faesimx~e tn error, please telephone us ~mmedlately at (6~0) 2~1-$(~1 and return the original to ~s by mail ~t the address stated above. m CARLISLE BOROUGH MEMORANDUM TO: Borough Council Mayor Wilson FROM: Fred Bean Borough Manager DATE: December 12, 2002 RE: Agenda Changes This week, several requests came forth to either add or delete items from your original greenbook agenda. Following, is a summary of the additions and deletions to Thursday evening's agenda: 1. President's Report: a. Historic District Guidelines: The Historic Architectural Review Board (~Lt~RB) has requested one change to the draft guidelines. Specifically, they want the guidelines to be more lenient with replacement materials on windows and doors, which are on the rear and sides of buildings. They have developed alternative language that is attached to this memo, which they would like added to Guideline #7. Other than this comment, we have not received any additional comments (besides grammar issues) regarding the proposed guidelines. 2. Cornmunit~ Planning/Quality of Life Committee: a. Opus: Please find attached a letter from Saul Ewing, LLP, requesting that Carlisle Borough grant an extension of time (until February 20, 2003) for the Opus preliminary subdivision/land development plan. As you can see, the letter does not give any rationale for the extension request. I spoke with Ed regarding this issue and he stated that he doesn't have any problem with recommending approval of this extension. Carlisle Borough Memorandum RE: Agenda Changes December 12, 2002 Page 2 3. Employee Relations/Citizen Participation Committee: a. George Kachmer Reappointment: I received a telephone call from George Kachmer this week who expressed that he did not wish to be reappointed to the LeTort Regional Authority due to personal reasons. Therefore, this item has been removed from your final agenda. 4. Public Safety Committee: a. Acquisition for Property: We have added an item for acquisition of land at the new police station site on Lincoln Street. Specifically, Norfolk-Southern has agreed to our offer to purchase the residual land, next to the Federal Equipment Office property. In order to accomplish this transaction, the Borough must condemn this property. Thereafter, the railroad will be paid the fair market value. Basically, this is considered a "friendly" condemnation, in that the railroad is in agreement with the process and price offered. The total purchase price through ~condemnation is twenty-five thousand dollars ($25,000). These funds will be taken from the Borough's Bond Issue, adopted earlier this year. b. Carlisle Theatre Street Closure: Carlisle Theatre is requesting a street closure for May 10, 2003 between 12:00 noon and 1:00 p.m. The purpose of the street closure is to allow the Theatre to hold a major celebration on the first block of West High Street. Attached is a Special Event Application completed by Carlisle Theatre requesting this street closure. As a reminder, an Executive Session will be held at 6:00 p.m. this evening on various matters. If you have any questions regarding the above matters, please contact me as soon as possible. C: Chris Moonis Chief Margeson Mike Keiser Dave Graham Andrea Crouse Attachments FMB/sda 1212.1 DEC 10 2002 $6:44 F~ ~ER~ ?~? 257 751~ ?~? 257 751& TO ~3704~14479~767~ P.02/02 Fax; ddaytoai~auLcom December 10, 2002 VIA FACSIMn,E Kenneth W. Womack Planning/Zoning/Codes Manager Borough of Carlksle 53 West South Stroot Carlisle, Pennsylvania 17013 Opus East, LLC Preliminary Subdivision and Land Development Plan for Bear Property. Dear Ken: Please accept this letter as Opus' extension to the Borough for action on this Plan until February 20, 2003. It is Opus' intention to withdraw from the agenda for Thursday, December 12e, and contact the Borough in January of 2003 to set up a new date for the consideration of their Plan. George Asimos, Esq. Andrew M. Kenworthy, P.E. Kcvin Johnson, P.E. .. ,ABOM & I LITLILAKIS ATTOItNE¥S AT LAW December 12, 2002 VIA FACSIMILE - 249-5587 Ken Womack Borough Planning/Zoning.Codes Manager 53 West South Street CarlLsle, PA 17013 DevelopmenI of the Bear Tract By Opus East, Inc. Dear Mr. Womaek: Plea~e accept this letter as a request on behalf of the Association of Concerned Citizens of West Pennsboro Township to provide me all notices and other materials in the above-referenced matter. I will ensure distribution to the appropriate membem of our 'Association. Additionally, attached please find a letter sent to George Asimos, Esquire, counsel for Opus East, Inc. informing him that we intend to appear and oppose his continuance of tonight's Borough Council Meeting. I truly hope that his failure to appear will carry sigrfificant weight in the Council's decision. Should you need any further information or if I may be of any assistance, pI~ase do not hesitate to contact mc.at your ¢onvenience. Very truly yours, j~~~ p.M & KUTULAKIS, L.L.P. 17013 I42duu~ux~. I'A 17101 .,ABoM & I UTULAKIS ATTORNEYS AT LAW December 12, 2002 VIA FACSIMILE - (215) 972-772.5 VIA EI~..L - gasimos(a3,saut, com George Ash-nos, Esquire Saul Ewing, L.L.P. Chesterbrook Office 1200 Liberty Ridge~ Suite 200 Way~, PA 19087-5055 Opus East, Inc. - December 12, 2002 Carlisle Borough Council Meeting Dear Mr. Asimos: I am writing on behalf of Willlam Barker, Esquire, Nathan Wolf, Esquire and the other members of the Association of Concerned Citizens of West Pennsboro Township. It has been brought to our attention that Opus East, Inc. h~s requested .a co~atimmnee of tonight's Carlisle Borough Council Meeting. Our Association intends to attend the meet[ag and oppose your request. Should the Borough Council deny your requested continuance, we will then be requesting that Council put this matter to a vote tonight Should you have any questions or comments, please do not hesitate to cofitact me at your convenience. Very truly yours, .ABOM & KUTL~AKIS, L.L.P. jpk/bs 8 Sotrm lq~ov~. STa.~'r, Stwrt 204 Cae, Lmm, PA 17013 FI~uu~r,u~o, PA 17101 Engineering & Related Services 369 East Park Drive Harrisburg, PA ! 7111 (717) 564-1121 FAX (717) 564-1158 November 26, 2002 Mr. Ken Womack, Zoning Officer Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Preliminary. Subdiviskm and Land Development Apphcation Opus East - Bear Property Carlisle Borough, Cumberland County, PA Dear Mr. Womack: Herbert, Rowland & Grubic, Inc. is submitting revised plans for the referenced pmjeet. These plans have been revised in accordance with comments as presented in your November 7, 2002 letter. We are providing the following itemized response to those comments. 2. 3. 4. 5. 6. 7. 81 9. 10. 11. 12. The revision block label has been revised. All signatures and seals will be provided upon resolution of technical issues. Note 16 on sheet 6 has been added indicating utilities along Allen Road are dedicated to Carlisle Borough for public use. Attached is a proposed deed description for the easement proposed to be dedicated to the Borough for the utilities along Allen Road. The typical street cross section is located on sheet 14 and centerline and curb profiles are on sheet 11. Proposed utilities have been revised to meet Borough standards and note 12 on sheet 6 indicates all utility construction shall be in accordance with Borough standard specifications. A note is on the plan indicating the requirement for a high~ ay occupancy permit before access to the site is permitted. We are aware of pending changes to Allen Road and will coordinate the HOP penmt application with these proposed changes. A copy of the HOP permit application will be forwarded to the Borough when finalized. Thc driveway at thc south entrance is shown to be only 40' wide. Note 11 on sheet 5 has been added indicating the Special Exception granted for this project. During the final plan approval process the applicant will submit a fmancial security estimate to be approved by the Borough and post the required security prior to construction. At this time the only proposed restrictions on the property ~'onld be those imposed by local, state, and federal regulations. If, in the future, deed restrictions are imposed for the Planned Industrial Development, a copy of such restrictions will be provided to the Borough. Notes and parking calculations have been added to sheet 5 indicating sufficient par-king is available for a permitted use. hrg®hrg-inc.com · www. hrg-inc.com Harrisburg · Lancaster · State College · Gettysburg · Pittsburgh · Stroudsburg Mr. Ken Womack, Zoning Officer Carlisle Borough November 26. 2002 Page 2 13. We request that the Borough consider our interpretation that the separation of vehicular routes from pedestrian routes would be required for parking lots with multiple parking ba~vs and not for our single bay layout. The current design indicates employees would park in the panning lot and walk to the entrance without crossing a major vehicular route as would be the case with a multiple bay layout. Please contact me if you have any comments or questions or require further reformation Thank you. Sincerely, Herbert, Rowland & Grubic, Inc. Andrew M. Kenworthy, P.E. Regional Service Group Manager AIVIK 2472.001 (Phase 7) Enclosure Mr. Matt Schlindwein, Opus East, LLC Mr. Kevin Johnson, P.E., Johnson Bernat Associates George Asimos, Saul Ewing, LLP File Herbert, Rowland & Grubic, In,c,. PROPOSED LEGAL DESCRIPTION FOR OPUS EAST LLC 30' WIDE UTII,ITY EASEMENT All that certain tract of land situate in Carlisle Borough, Cumberland County, Pennsylvania, located on Allen Road (SR 465) having a 33' Right-of-way, more fully bounded and described as follows: BEGINNING on the western legal right-of-way line of Allen Road, (SR 465) having a Legal Right-of-way of 33', thence along said Right-of-way along a curve to the right having a radius of 1129.42' and a length of 55.35' to a point on the said Right-of-way; thence continuing along said Right-of-way South 10 degrees 33 minutes 38 seconds East a distance of 812.37' to a point; thence through lands of Opus East, LLC South 74 degrees 58 minutes 01 seconds West a distance of 30~09' to a point; thence through same lands North 10 degrees 33 minutes 38 seconds West a distance of 651.36' to a point; thence along a curve to the left having a radius of 1099.42' and a length of 66.76' to a point, the place of BEGINNING. Containing 21,337 SF, 0.4898 Acres Sub): Date: From: To: CC: opus - land development plan 11/12/2002 4:24:33 PM Eastern Standard Time DDaytont~,saul.com BoCZoninqOfficer(~,aol.com kiohnson~,iba-Jnc.net, GAsimos~saul.com Sent from the Internet (Details) Ken -- I spoke with my clients. We would like our land development plan to be considered at next month's meeting (December 5th). If an issue is raised in the December meeting that requires some additional work/information from us, we'd be willing to grant a 30 day extension of the 90 day period to the Borough. As we discussed, please let me know whether consideration of this Plan can be put on December's agenda. If it CANNOT, please let me know as soon as possible. If we are required to go forward on Thursday, I would request that we be late on the agenda, since I have another hearing that I must attend earlier that evening in another township. If you need a formal writing requesting all of this, please let me kno~v. Cordially, Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 ph: (717) 257-7526 fx: (717) 257-7586 MEMORANDUM FOR RECORD November 14, 2002 I confirmed with Ms. Dayton that the date for the December Borough Council meeting is December 12 and not December 5 as indicated in this e-mail. Kenneth W. Womack Planning/Zoning/Codes Manager BOROUGH OF CARLISLE "Committed To Excei!lence In Community Service" November 7, 2002 Andrew M. Kenworthy Regional Service Group Manager Herbert, Rowland & Grubic, hac. 369 E. Park Drive Harrisburg, PA 17111 # of Re: Preliminary Subdivision/Land Development Application Opus East - Bear Property Dear Mr. Kenwolnthy: The above referenced request has been forwarded to Borough Council for consideration at its meeting on Thursday, November 14, 2002. The meeting will be held at 7:00 p.m. in the Municipal Building, 53 W. South Street, Carlisle, Pennsylvaaia. You, or another applicant's representative should be in attendance at this meeting for the request to be considered. Borough staff is reconnnendh~g approval of your plan subject to the conditions stated in the attached agreement. Please review the conditions recommended by staff for approval of this plan and if you agree to these conditions, please execute the :enclosed consent form and return it to me prior to the meeting. Please do not hesitate to call if you have questions or need additional information. Sincerely, Kmmeth W. Womack Plamaing/Zoning/Codes Manager cc: Project File 1107-2 53 West South Street, Carlisle, PA t 7013 Tel. (717) 249-4422; Fax (717) 249-2932 CONSENT TO PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. Staff recommends Borough Council approve the preliminary subdivision/land development plan, subject to the following conditions: Pursuant to {226-19A(2) of the Subdivision and Land Development Ordinance, the plan shall change the revision block to indicate "Borough" rather than "township" review on page 8 of the plan. Pursuant to {226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. 3. Pursuant to {226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note that utilities along Allen Road (to the point of intersection with the inter or drive separating Lots ~1 and 2) shall be dedicated to the Borough for public use. 4. Pursuant to {226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a form acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicated to the Borough and appropriate easement agreements for all public utility and other easements shown on the plan. Pursuant to {226-19A(18) and {226-23A(3) of the Subdivision and Land Development Ordinance the plan shall show the typical cross section of all streets including a curb and center line profile for the interior drive along the boundary between Lots 1 and 2. Pursuant to {226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements, such details to include: · Minimum separation between water and sewer mains shall be ten (10) feet. · Size of the water main along the interior drive separating Lots 1 and 2. Agreement - Opus · Fire hydrants shall be spaced at a minimum of three hundred (300) feet. · Tie-in to existing water main will require a tee and two valves to allow for future expansion of the main. · Three water main valves are required at the tee at the intersection of Allen Road and interior drive. · Force sewer lateral shall be installed within the Lot 2 property boundaries along the interior drive. · Water and sewer mains material type shall be noted on the plan and shall be in accordance with Borough of Carlisle Public Works Standard Specifications. 7. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation (Penn DOT). Pursuant to §226-23K(5)(a) of the Subdivision and Land Development Ordinance, the applicant shall modify the south entrance to Lot 1 to be no greater than forty (40) feet in width at the right-of-way line. Pursuant to §226~19M of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note documenting the Zoning Hearing Board Approval for the Planned Industrial Development, to include date of approval, docket number and all conditions of approval. 10. Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 of the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but net be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. 11. Pursuant to §255-95A(9) of the Carlisle Zoning Ordinance, the applicant shall provide a reasonable set of deed restrictions or covenants imposed by the developer to cover types of uses, maintenance of lots and industrial operations with a proper means of enforcement to carry out the purposes and requirements of a planned industrial development, or shall provide a written statement that no such deed restrictions or covenants are needed for this site. 12. Pursuant to §255-184 of the Carlisle Zoning Ordinance, the applicant shall show on the plan parking calculations for the proposed use on Lot 2 to indicate sufficient parking is available for any one permitted use. 13. Pursuant to §255-189H of the Carlisle Zoning Ordinance, the applicant shall modify the plan to separate vehicular routes from major pedestrian routes within the parking lots. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant or Applicant's Representative Name of Applicant or Applicant's Representative Date Engineering & Related Services 369 East Park Drive Harrisburg, PA 17111 (717) 564-I 121 FAX (717) 564-1158 October 29, 2002 Mr. Ken Womack, Zoning Officer Carlisle Borough 53 West South Street Carlisle. Pennsylvania 17013 Preliminary Subdivision and Land Development Application Opus East - Bear Property Carlisle Borough, Cumberland County, PA Dear Mr. Womack: Herbert, Rowland & Grubic, Inc. is submitting revised plans for the relixenced project. These plans have been revised m accordance with comments as presenlexl in your October 18, 2002 letter and discussion at the October 24, 2002 Borough Planning CormmSsion meeting. We are providing the following itemized response to those comments. 1 2. 3 4 5. 6 7 8 10 tl 12 13. 14 15. The complete plat preparation date and revision block have been revised. A signed copy of the plan was submitted with the original ,application All signatures and seals will be provided upon resolution of technical issues. A table has been added containing required subdivision information. A note has been added indicating no flnprovemems are being dedicated to Carlisle Borongh. All improvements are now shown on the plan including fire hydrants at a separation of 300'. The typical street cmssection and curb and camtertme profiles are now shown on the plan. Proposed utihty lines with profiles are shown on the plan including service to Lot 2. Utility lines serving the site have been revised to include sewer lateral connections downstream of manholes, protection bars on beadwalls, and a separate line for domestic water service. A note has been added indicating the site is underlain with carbonate rocks and gpecial construction tecinfiques may be required. A note is on the plan indicating the requirement for a highway occupancy permit before access to the site is perrmtted. We are aware of pending changes to Allen Road and will coordinate the HOP permit application with these proposed changes. A copy of the HOP permit application will be forwarded to the Borough when finalized The southern entrance has been maligned to match the driveway on the opposite side of the road Note 1 on page 5 has been revised to make it consistent with Lot 2 development A note has been added indicating that all lighting shall comply with Carlisle Borough Ordmanees The water and sewer mains liave been shown to extend along the frontage of the property. The applicant will provide a statement regarding restrictions for thia development. hrg~hrg4nc.com · www. nrg-~nc.com Harrisburg · Lancaster · State College · Gettysburg · Pittsburgh · Stroudsburg Mr. Ken Womaek, Zoning Officer Carlisle Borough Oclober 29. 2002 Page 2 16, 17. 18. The use of lot 2 is not determined at this time. A typical parking layout has been provided for pmlmfinary purposes. A note has been added that parking shall comply with Carlisle Borough regulations. We believe the major traffic routes are separated from pedesthan traffic by raised curbs and landscaped areas m the parking lot vicinity. With only single-bay parldng lots them no proposed major traffic routes that cut across pedestrian routes. All vehicular traffic will access the lots from the ting-road access and pedestrians will enter the building without crossing major vehicular routes Calculations have been provided on the plan indicating 5% of the parking area is landscaped Calculations have been provided on the plan indicating there is one deciduous tree for every 4.000 square feet of paved area Please contact me if you have any comments or questions or require further information Thank you Sincerely, Herbert, Rowland & Grubic, Inc. Andrew M. Kenwm~y, P.E. / Regional Service Cn'oup Manager AIvlK 2472.001 (Phase 7) Enclosure Mr. Matt Schlindwein, Opus East, LLC Mr. Kevin Johnson, P.E., Johnson Bemat Associates George Asimos, Saul Ewing, LLP File Herbert, Rowland & GruD~c, Inc, BOROUGH OF CARLISLE PLANNING COMMISSION Meeting Minutes -Thursday, October 24, 2002 Members Attending: Harry Herb, Norma Frame, John Auger, Phillip Mock, and Debra Cornelius. Members Absent: Timothy Hoy and Linda Witmer. Borough Officials Attending: Kenneth Womack, Planning/Zoning/Code Manager, and Michael T. Keiser, P.E., Public Works Director John Auger called the meeting to order at 5:30 p.m. The Planning Commission rescheduled the November meeting to November 21, 2002 and rescheduled the December 26, 2002 meeting for December 19, 2002. Items Reviewed bF the Planning Commission: The Planning Commission may consider a preliminary land developmem plan submitted by J. Michael Brill & Associations, Inc. on behalf of B.T. Group to construct an 11,805 square foot retail store and associated service facility along with associated parking and public improvements at the southwest intersection of Rimer Highway (S.R.11) and Meadow Boulevard (R-2 Medium Density Residential District). In addition, the Planning Connnission may make a recommendation to Borough Council on a request for waiver of sidewalk along Ritner Highway. The applicant proposes to construct the retail store and service facility on a 1.033-acre tract at the corner of Ritner Highway and Meadow Boulevard. The tract is currently zoned R-2 Medium Density Residential. However, on August 1, 2002, the applicant received a variance from the Zoning Hearing Board to conduct retail sales of electrical supplies at this location subject to the following two conditions: Hours of operation of business shall be limited to the time between 6:00 a.m. and 6:00 p.m. on Monday through Saturday, with no hours of operation on Sunday. The applicant shall landscape the southernmost 25-feet of the subject premises in accordance with landscaping requirements of Carlisle Ordinances applicable to subject premises and the approved use. Note: The Carlisle Comprehensive Plan approved by Borough Council on February 14, 2002, calls for the rezoning of this tract to C-4, Neighborhood Commercial, and the proposed use here would be a permitted use in the C-4 district. The applicant chose to proceed with a variance request rather than wait for the zoning ordinance amendment where this proposed change would be considered. The applicant has requested a waiver for installation o:[ sidewalks along Ritner Highway and a waiver on a portion of the Stormwater Management Ordinance, specifically to analyze only the ten-year storm event. Staff has had discussions with the developer on a proposed system to mitigate stormwater management concern unique to this site though plans have not been finalized. Borough staff is reconm~ending approval of this preliminary plan with a condition that the applicant present, with the final plan, a stormwater management plan acceptable to the Borough Engineer. Tim Diehl of J. Michael Brill and Associates, representing the applicant, presented a plan depicting a 2,630 square foot retail area and a 9,175 square foot area of retail space for a total building area of 11,805 square feet. This plan somewhat differs from the plan presented to the Zoning Hearing Board. Mr. Auger questioned why there were only 25 parking spaces when 26 parking spaces are required. Mr. Diehl said the allowable retail sales area would have to be adjusted in order for the 25 parking spaces to work. Mr. Diehl stated that Hite Electric would occupy the 9,175 square foot area as their retail sales area and their storage area. The 2,630 square foot area would be used by another retail sales entity. Mr. Womack said that the Zoning Hearing Board was under the impression that Hite Electric would utilize the building as retail sales and storage. The Board did not look at this plan as two retail areas. Mr. Auger was under the assumption that the 2,630 square foot area would be Hite Electric's showroom area. Mr. Diehl said no, Hite Electric would NOT use the entire building. The proposed building will be used by two separate retail uses. Mr. Herb asked if Hite Electric would be providing any electric services. The answer is no. Hite Electric is a retail/wholesale business only, no electric services provided at all. The applicant submitted this plan with the intention of expanding the building in the future to two retails sales spaces. The applicant felt it was more economic to show the expansion of the building now, rather than pay to have new plans drawn up and to come before the Planning Cormnission at a later date. Mr. Womack expressed concern with the change in the plan. This plan is not what the Zoning Hearing Board reviewed or approved. Mr. Womack asked the applicant to remove the 2,630 square foot area from the plan and'proceed with a plan substantially the same as that presented to the Zoning Hearing Board. The applicant agreed to do so and will return with a plan that eliminates the smaller retail area. Mr. Womack recommended changing staff condition//12 to read: "Pursuant to Chapter 255-184 of the Carlisle Zoning Ordinance, the applicant shall modify the plan and show the calculations to provide sufficient parking for all retail sales area as appropriate." Mr. Womack further recommended adding condition//15: "Applicant shall modify the plan to reflect the building area approved in the variance granted by the Zoning Hearing Board on August 1, 2002." Conclusion: The Planning Commission, upon motion by Philip Mock and second by Harry Herb, unanimously voted to approve the original plan which depicts a 9,000 square foot building. This approval is subject to staff's conditions as modified above and listed below: 1. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall include the name, address, signature and phone xmmber of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to §226-19A(10) of the Subdivision and Land Development Ordinance, the plan shall identify the zoning district in which the property is located and the zoning district of abutting properties, and all variances or special exceptions approved by the Zoning Hearing Board or Borough Council. Applicant shall modify the site data at the top of page 2 of the plan to reflect the property is currently zoned R-2 but is being developed IAW area and bulk requirements of the R-4 zoning district pursuant to the ZHB decision to allow use of the property as a retail sales use. Pursuant to §226-19A(17) of the Subdivision and Land Development Ordinance, the applicant shall modify the plan to extend curb and sidewalk along Meadow Boulevard through the curb radius from Rimer Highway and terminate the sidewalk with an accessible ramp. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall provide protection bars at the storm sewer end wall. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall modify the sanitary sewer tap on the sewer main to be at a forty-five (45) degree angle. 6. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the applicant shall modify the plan so that the minimum slope on the six- (6-) inch sewer lateral is one percent (1%) and a cleanout is available every one hundred (100) feet. Pursuant to §226-19A(20) of the Subdivision and Land Development Ordinance, the applicant shall provide with the final plan submission a final stormwater management plan approved by the Borough Engineer. Pursuant to §226-21A(17) of the Subdivision and Land Development Ordinance, if applicable, the plan shall include a statement that the site is underlain with carbonate rocks (limestone and dolomites), that there is a potential for sinkholes and that special construction procedures may be desirable or necessary. Pursuant to §226-19I of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Peimsylvania Department of Transportation (Penn DOT). 10. Pursuant to §226-19M of the Subdivision and Land Development Ordinance, the applicant shall provide an easement agreement or other remedy to address encroachment from the lot identified as now/formerly Owen E. Meals. 11. Pursuant to §255-160 of the Carlisle Zoning Ordinance, the applicant shall modify note 11 on page 2 of the plan to reflect that all lighting will comply with the provisions of the Carlisle Zoning Ordinance. t2. Pursuant to Chapter 255-184 of the Carlisle Zoning Ordinance, the applicant shall modify the plan and show the calculations to provide sufficient parking for ail retail sales area as appropriate. 13. Pursuant to §255-190B(2), applicant shall ensure that proposed screening adjacent to residential property is sufficient to prevent vehicle headlights from shining into any doors or windows of any dwelling located within two hundred (200) feet of the paved area. 14. Pursuant to §226-36 of the Subdivision and Land Development Ordinance, the applicant shall ensure that fire hydrants shall be spaced not greater than three hundred (300) feet apart. Applicant shall include on the final plan one hydrant each at the northwest and northeast corners of the property. 15. Applicant shall modify the plan to reflect the building area approved in the variance granted by the Zoning Hearing Board on August 1, 2002. The Planning Commission considered a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc. on behalf of Opus East L.L.C., to construct a 352,800 square foot warehouse, storage and distributien facility and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm" along Allen Road (I-2 Light Industrial District). In addition, the Planning 4 Commission may make a reconm~endation to Borough Council on a request for a waiver of required sidewalks along streets for this development. Mr. Asimos, Attorney for Opus East L.L.C., explained that the special exception his client was seeking last November went on to approval by the Zoning Hearing Board in March 2002. At that time, the applicant started working on the land development plans. The plans are very much like the plans submitted earlier. This is a two-lot development and approved as a Planned Industrial Development. The applicant is seeking is a preliminary approval of a subdivision of the 27.5 acre parcel into two lots and land development of lot #1. Since the submission on September 6, 2002, the applicant met with staff on two occasions to consult on the plan. Jim Snyder of Herbert, Rowland & Grubic, Inc. stated that this plan will subdivide the large lot into two lots, one a larger than the other. Mr. Snyder stated that the development on the newly created lot #1 would include a 352,800 square foot building with truck courts on each side of the building. Parking will be provided on each end of the building. Access, trailing loading/unloading, and two points on ingress/egress off of Allen Road are depicted on the plan. Also depicted on the plan is a small building on lot//2. This building is proposed to be 4,000 square foot use, which is shown on lot //2 and at this time the applicant is not prepared to file a formal land development for this lot. When Borough staff reviewed this plan, they wanted to make sure that the 4,000 square foot building would fit on lot #2 with its associated parking. On the southern end of the site, the plan shows the proposed landscaped berm which was required by ordinance. The applicant did meet with staff and reviewed staff's comments and is in agreement with those conditions. Mr. Snyder touched on the connnent that refers to the alignn~ent of the driveways of Ross Stores and the proposed new driveway for this development. Mr. Snyder said to align the two driveways, it would cause and encroachment into the 120-foot buffer area to the south side of this development. If a driveway is not subject to the buffer, then it makes it easier for the developer to align the drives. The applicant did not want to recreate a non- compliance and have to seek a variance to align these drives. Mr. Snyder deferred to Mr. Keiser for guidance on this issue. Mr. Auger asked Mr. Snyder if he had a chance to review the comments submitted by the Cumberland County Planning Commission. Mr. Snyder replied no he did not and was given a chance to read over them. Ms. Cornelius made reference to condition #7 of the ,Cumberland County's comments. Mr. Asimos the County Planning Commissions are planners and they are planning for the future. They have a plan, but the project Mr. Asimos is presenting is subject to the zoning in place at the time it was submitted. Since PennDOT has control of the highway occupancy permit process they will approve/require any improvements necessary as part of this development. As this plan gets closer to the final approval, the Planning Commission will have definitive information as to what PennDOT will require for a highway occupancy permit and the applicant will present this to the Borough of Carlisle Planning Conunission during the final plan approval process. Mr. Asimos fee]is there is no missing link and that PennDOT will have the ultimate approval relative to the traffic on Allen Road. Ms. Cornelius asked Mr. Asimos if he was familiar with the Borough's current Comprehensive Plan? Mr. Asimos said "generally, it was approved after his applicant submitted their special exception request and wasn't something they were bound by." Mr. Herb asked Mr. Asimos what the "total package" (as in the property located in the Borough and West Pennsboro Township) of this development involved. Mr. Asimos said the simple answer is "No, we don't have anything to report to you." The obvious reason is that there are two municipalities involved and that it includes two separate processes. What happens in West Pennsboro, the applicant cannot predict. The applicant has submitted a formal application with the township. They have held[ one public meeting and another meeting is scheduled for October 31, 2002. It remains to be seen what will happen. Mr. Asimos stated that his client carefully prepared and submitted the special exception application to be limited to Carlisle. This is the area in which the applicant has the rights and the area the applicant has the approvals and the area in which the Carlisle Borough Planning Commission has jurisdiction over. Mr. Asimos does not know if this proposal will be extended through the township. Mr. Herb inquired about the legal challenge the applicant has regarding the "gateway" use. Mr. Asimos stated that all his client did was challenge whether or not they must go back to the Zoning Hearing Board. The applicant's position was that the question of whether or not a connection would take place was a matter for the Planning Commission and Borough Council to decide relative to the Land Development Ordinance and that this was not something which was relevant to the special exception. The Zoning Hearing Board disagreed with the applicant and that is what the applicant is appealing. Once again Mr. Herb voiced concern with the development in a neighboring township and all the truck traffic gets dumped onto Carlisle's roadways. Mr. Asimos said there are a couple ways to look at it. First, the applicant is showing a cul-de-sac. The plan in front of the Planning Commission shows the roadway ending before it gets to the West Pennsboro line. Mr. Asimos said that the Planning Commission certainly could take a position on whether or not this roadway may be extended when a new land development plan is submitted. Mr. Asimos stated that the Planning Commission has an approvable plan in front of them which meets all ordinance requirements and has the PID approval from the Zoning Hearing Board. 6 Mr. Herb asked if the applicant would be successful in West Pennsboro Township and would want to change this cul-de-sac and extend this roadway, would they need to come back before the Plmming Commission? Mr. Womack said that staff's position is that if the applicant would want to extend this roadway, it requires a land development plan, which means a return to the Planning Commission. Mr. Asimos said they don't have a problem with coming back to the Planning Commission. What they are in disagreement with is having to come back to the Zoning Hearing Board if the time should come that the applicant would want to extend the roadway into West Pennsboro Township. Mr. Asimos does not think it is in the Zoning Hearing Board's jurisdiction to review the extension of this road. Nevertheless, whatever way it comes out, this plan stands on its own. Mr. Mock expressed concern about the intent of the 1-2 ordinance from before in conjunction with the Comprehensive Plan of 1988. Mr. Asimos stated that this plan depicts two lots. Mr. Mock stated that we wind up back with the same of issue of interpretation, a warehouse developer interpret it one way and others interpret another. Mr. Herb said that he felt that the Zoning Hearing Board settled this issue for us when they granted the special exception relative to the PID. Mr. Asimos said yes, they certainly did. The zoning of this property and what entitlement the applicant has with this property is done, it's resolved. We have our PID, we have a permitted use here. The only issue that is presented to the Planning Commission and Borough Council are the land development questions." Before the applicant is finished with this plan, because of the final plan process and the PennDOT highway occupancy permit process, the Planning Commission will be seeing what needs to be done on Allen Road by way of intersections and any other PennDOT mandated improvements that this plan may lead to. These changes will be presented to the Planning Conunission. Bill Barker, resident of West Pennsboro Township and a member of the Association of Concerned Citizens of West Pennsboro Township expressed concern with the amount of warehousing in the area and how it seems to be extending into surrounding areas. Mr. Barker feels that Carlisle has failed to take into account the impact this development will have on surrounding communities. Mr. Barker feels that the only course the Planning Commission should take here tonight is to deny this plan at this stage. There are basically two problems with this plan: One is that there are some serious problems with the special exception granted by Carlisle. The Board failed to think about this project as anything other than Carlisle. The problem 7 with this development being right next door to West Pennsboro Township is that the use of the property, even though it may seem to be compatible with the special exception procedure in Carlisle. It is not compatible with the overall development of the conumunity. Secondly, the plan does not provide the proper buffering to the neighboring residential areas located in the West Pennsboro Township. Thus, the general interest of the neighborhood was not taken into account. Nathan Wolf, resident of Conway Street and also a member of the Association of Concerned Citizens of West Pennsboro Township, expressed concern with the overabundance of warehousing in the area and the increase in truck traffic. Mr. Wolf feels that the applicant totally dismissed the Exit 12 study ami the Gannett Fleming Study, who indicated that Allen Road, will not be able to handle this ,development. Ms. Cornelius recommended that Council not approve this plan based on its incompatibility with the mixed-use requirements of the Comprehensive Plan, both past and future. That the plan is also incompatible with the neighboring community interests and public safety. Conclusion: The Planning Commission, upon motion as stated above by Debra Cornelius and second by Norma Frame, voted three to two to recommend denial of this plan. Mr. Auger and Mr. Herb voted nay. There being no further items on the agenda, the PIa~ming Commission adjourned approximately 6:45 p.m. Respectfully submitted, Kenneth W. Womack Planning/Zoning/Codes Manager KWW/lh at 8 Planning Commission POLICY BRIEFING SUMMARY RE: PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) 0-2 LIGHT INDUSTRIAL DISTRICT) Date Prepared: Prepared By: Proposed Meeting Date: Deadline for Action: October 17, 2002 Kenneth W. Womack October 24, 2002 December 25, 2002 I. Request/Issue Needing Planning Commission Action The Planning Commission may consider a preliminary subdMsion/land development plan submitted by Herbert, Rowland & Grubic, Inc. on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage and distribution facililty and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm" along Allen Road (I-2 Light Industrial District). In addition, the Planning Commission may make a recommendation to Borough Council on a request for a waiver of required sidewalks along streets for this development. II. Current Policy and/or Practice The Carlisle Borough Subdivision and Land Development Ordinance requires the Planning Commission to examine the proposed plat and supporting information and to provide written recommendations to the Borough Council within 45 days of completion of the Planning Commission's review or within such lesser period of time as may be necessary for the Borough Council to render a timely decision. Borough Council shall render a decision and communicate it to the applicant not later than 90 days from the date of the next regular scheduled Planning Commission meeting following the date the application is filed. After reviewing the plan, Council may approve the plan, approve the plan with conditions, or disapprove the plan. When the application is denied in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon. Section 255-89 of the Carlisle Zoning Ordinance permits warehousing, storage and distribution as a use permitted by right within the 1-2 District provided the use is developed within a planned industrial development (PID). Section 255-87 of the same ordinance requires that a planned industrial development be approved as a special exception by the Zoning Hearing Board. Section 255-95 of the Carlisle Zoning Ordinance provides the standards for a planned industrial development in the 1-2 district. Section 226-14 of the Borough's Subdivision and Land Development Ordinance states the "Borough Council may grant a modification of the requirements of one (1) or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest, and that the purpose and intent of the ordinance is observed." III. Other Background Information On Mamh 6, 2002, the Carlisle Zoning Hearing Board approved a request by Opus East, LLC, for a special exception to construct a warehouse, storage and distribution facility, along with an additional facility on approximately 27.5 acres of the Bear Farm located along Allen Road in Carlisle Borough. This 27.5 acres is part of a total tract of approximately 298 acres, the balance of which is located in West Pennsboro Township. The Zoning Hearing Board approved this application subject to the condition: This decision is expressly conditioned upon no more than 200 tractor trailer trucks, as currently defined for use in §255-178(A)(46) of the Carlisle Zoning Ordinance, emanating from the two lots to be developed on the Borough portion of the property, both separately and taken together. In addition, the ZHB included the following language in the Order of the Board: Any use of the Borough portion of the property as a Gateway Use, to or from the Township portion of the property, is a different or additional use. Because any such Gateway Use would constitute a significant change from that sought, by the Applicant, in the instant application, a new application, seeldng to use the Borough portion of the property as a Gateway Use, will be required. The special exception approval is the subject of a legal challenge in the Cumberland County Court of Common Pleas, specifically that the ZHB committed an error of law as it relates to the paragraph above concerning use of the property as a Gateway Use. There are currently no hearings scheduled as a result of this appeal. The proposed plan calls for subdividing approximately 27.6 acres from the total tract and creating two separate lots of approximately 23.7 acres (Lot 1) and 3.9 acres (Lot 2) and to construct a 352,800 square feet warehouse, a proposed four thousand (4,000) square feet additional building, access drive, off-street parking and loading facilities, stormwater management facilities and other improvements on the newly created lots. The property is zoned 1-2 Light Industrial District. The minimum tract size for a PID is ten (10) acres and the minimum lot area for each lot is one (1) acre. Fer each lot, the I-2 district requires a forty (40) feet minimum building setback along an arterial street (Allen Road is an arterial street) and twenty-five (25) feet side and rear yard setbacks. The paved area setback is seventy- five (75) feet from an arterial street, twenty-five (25) feet from the property line of an abutting residential use or district, and five (5) feet from all other property lines. Maximum building coverage permitted is sixty percent (60%) and maximum impervious coverage permitted is seventy-five percent (75%). In addition to the above requirements, Section 255~93A of the Carlisle Zoning Ordinance requires any area routinely used for the movement, parking, storage, loading and unloading of tractor-trailer trucks or trailers of tractor-trailer combinations or any refrigerated trucks shall be 2 set back a minimum of two hundred feet (200) from any lot line of any residential lot and from any residential district boundary. This two hundred (200) foot setback may be reduced to one hundred twenty (120) feet minimum if an earthen berm is used which meets specific ordinance criteria, h~ addition, § 255-92A(4) of the Zoning Ordinance, by reference to § 255-171, requires that all paved areas in the 1-2 District shall be screened with a visual barrier composed of plants and trees arranged to be intended to reasonably form a complete visual screen within four (4) years of installation. The required screen shall be composed of evergreen trees at least four (4) feet in height and planted in two (2) parallel rows with a six-foot minimum distance between the trunks of each of the plants measured in one continuous direction. The proposed plan appears to meet the above conditions, subject to the ZHB condition which states that no more than 200 tractor trailer trucks, as currently defined for use in §255~ 178(A)(46) of the Carlisle Zoning Ordinance, emanating from the two lots to be developed on the Borough portion of the property, both separately and taken together. The applicant has requested a waiver of requirements to install sidewalks along streets for this development (Attachment 3). IV. Financial Impact on Budget The borough received a filing fee of $1,779.87. V. Board, Commission, or Agency Review On March 6, 2002. the Zoning Hearing Board granted a special exception for a planned industrial development subject to the condition noted above. The plan was submitted to the Cumberland County Planning Commission on September 12 and a revision of the plan was forwarded to the County Planning Commission on October 14. On October 17, 2002, the Cumberland County Planning Commission voted unanimously to recommend the plan be disapproved (See Attachment 2). VI. Staff Recommendation and Reason(s) Staff has conducted a review of the preliminary subdivision/land development plan in an effort to ensure compliance with all applicable zoning and subdivision and land development ordinance requirements. Borough staff recommends the Planning Commission recommend Borough Council approve the waiver for sidewalks. Based on the proposed development in the area limiting sidewalks along Allen Road and interior driveways wiltl reduce pedestrian traffic and enhance overall safety. Borough staffrecommends the Planning Commission recommend Borough Council approve the preliminary subdivision/land development plan subject to the following conditions: 1. Pursuant to §226-19A(2) of the Subdivision and Land Development Ordinance, the plan shall reflect the complete date the plat was prepared and shall change all revision blocks to indicate "Borough" rather than "township" review. i0. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall, the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to §226-19A(15) of the Subdivision and Land Development Ordinance, page 3 of the plan (Subdivision Plan) shall show the total square footage and acreage of land, number and area of lots, area of rights-of-way and recreation area or common space and number and area of dwelling units and/or structures and all other uses, in tabular form. Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note that there are no proposed streets, rights-of-way or other improvements to be dedicated to the Borough of Carlisle. Pursuant to §226-19A(17) and § 226-36 of the Subdivision and Land Development Ordinance, the plan shall show the location of any proposed site improvements to include curbs, sidewalks, and fire hydrants. Applicant shall provide fire hydrants at a minimum of tl~ree hundred (300) feet along Allen Road and interior driveways. Pursuant to §226-19A(18) and §226-23A(3) of the Subdivision and Land Development Ordinance the plan shall show the typical cross section of all streets including a curb and center line profile. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements on Lot 2. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and Borough of Carlisle Standard Public Works Specifications, the plan shall be modified to show: the sewer lateral com~ected to the existing sewer main pipe downstream of the manhole and not the manhole; inlet and outlet protection bars installed on storm drainage pipes; a separate curb valve and line for the domestic water service from the right-of-way boundary. Pursuant to §226-19C of the Subdivision and Land Development Ordinance, if applicable, the plan shall contain a note that the site is underlain with carbonate rocks (limestone and dolomites), that there is a potential for sinkholes and that special construction techniques may be required. Pursuant to §226-19I of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Department of Transportation 'Penn DOT). 4 Municipality Plat Title REVISED No: 02-260 Cumberland County Subdivision/Land l)evelopment Review Report Carlisle Borough Surveyor Not Given Engineer ?,lot Given Opus East (Bear Property) Zoning District Plat Status: # of Lots Date Received I2 - Light Indush'ial Proposed Land Use 1 Warehouse X Prel/mmary Plat Type: Subdivision Regulations: County __ Final Land Development X Municipal __ P/F X Combined X Zoning Minor X S&LD 2 # of New Dwelling Units 0 Acreage Subdivided 27.59 Total Acreage 290 9-13-02 Staff Review l 0-14-2002 Official County Review 10-17-02 ( ) Plat appears to comply with applicable regulat/ons. ( ) Plat appears to generally comply with applicable regulations; revisions may be required, as indicated. ( X ) Plat appears to need substantial revision, as indicated. Reviewed by JK Checked by Wh~e~n applicable., str.eets, sewer, water, storm drainage, and other krf'astmctnse elements to be verified as adequate by municipal starr~engmeer. Any m~provement guarantees shall be posted prior to final plat approval. Registered PA Land Surveyor is requked to certify all lot/tract boundary descriptions. When applicable, zoning compliance to be verified by Municipal Zun/ng Officor. Appropriate sewage module component should be processed prior to ftrml plat approval. Final plats must be recorded within 90 days of approval. Review comments with cited ordinance provisions are based on municiJ~al regulations on file with the Countg Planning Commission. 1. Does the submission of only this portion.of the Bear Property for approval impact any of the conditions of the special exception approval? 2. Will the proposed cul-de-sac be named? The plan should include a mad cross-section and meet all design standard for sheets. (S&LD Ord4 Section 226-23.A.3). 3. The plan notes should indicate that the site is underlain with limestone. Information must be provided to indicate the potential for sinkholes and special constraction procedures should be identified. (Subdivision Ordinance Section 226-19.Cl 4. An environmental study may be required as noted in the Subdivision Ordinance Section 226-19.E. 5. If this is the first phase of the total Bear Tract development, there should be a staging plan indicating sehedules of submissions and delineating proposed sections. (Subdivision Ordinance Section 226-19.H) 6. The utility plan on sheet 6 should identify the locations and type of lighting (Zoning~ Section 255-160). 7. This plan is not consistent with the 1-81 Exit 12 study which indicates no additional track traffic from the Bear property (Carhsle and West Pennsbom). The proposed improvements to Allen Road and 1-81 interchange as a result of the study, which have been programmed through Penn DOT's 12 Year Program, may not support the traffic generated by this development. The Exit 12 study also recommended this tract in Carlisle to be rezoned to Agricultural, which would reduce the impact of industry on adjacen:~. properties and truck traffic on the roads. Is the lot north of Lot 2 a residential lot? If so, does this require a 200' setback or 120' setback with screening? If this is the case, this plan does not appear to meet the requirements o:~'the 1-2 zone, which requires uses to be built in a "Planned Industrial Development". It requires an area controlled by a single landowner and developed for a number of firms. If buffer and screening is required along the north side of the tract, it may be impossible to be build in lot 2. (Zoning~ Section 255-89). 9. I£the rezoning in West Pennsboro is not approved, does the applicant intend to build on this tract only? Also, if the development is built in West Pennsboro, will all access to the site bt: through Carlisle? 10. The County Planning Commission recommends this plan be disapproved based on the above comments and its inconsistency with the 1-81 Exit 12 Study. Engineering & Related Services Mr. Ken Womaclq Zoning Officer Carlisle Borough 53 West South Street Carlisle, Pennsylvama '17013 October 16, 2002 369 East Park Drive Harrisburg, PA 17111 (717) 564-1121 FAX (717) 564-1158 Preliminary Subdivision and Land Development Application Opus East - Bear Property Carlisle Borough, Cumberland County, PA Dear Mr. Womack: As part of the preliminary application for the above referenced project, the applicant requests a waiver of the requirement to install sidewalks as reqmred by section 226-33 of the subdivision ordinance. Due to the nature of development and the locataon of the facility, it is proposed that pedestrian traffic is not desired and sidewalks should not be iustallex~ Please feel free to contact me if you have any comm~Ilts or questions or require further informanon regarding this application. Thank you Sincerely, AMr/ss 2472.001 (Phase 7) Enclosure Herbert, Rowland & Grubic, Inc. Andrew M. Kanwo~thy, P.E. Regional Service Group Manager Mz. Matt Schlindwein, Opus East, LLC Mr. Kevin'Johnson, P.E., Johnson Bemat Associates George Asimos, Saul Ewing, LLP File hrg~hrg-inc.com · www. nrcHnc.com Harrisburg · Lancaster · State College · Gettysb~Jrg · Pittsburgh · Stroudsburg BOROUGH OF CARLISLE "Committed Ib Excellence bt Communi(F Service" October 18, 2002 Andrew M. Kenworthy Regional Service Group Manager Herbert, Rowland & Grubic, Inc. 369 E. Park Drive Harrisburg, PA 17111 Re~ Preliminary Subdivision/Land Development Application Opus East - Bear Property Dear Mr. Kenworthy: The above referenced plan has been forwarded to the Carlisle Borough Plann/ng Cormuission for consideration at its meeting on Thursday, October 24, 21)02. The meeting will be held at 5:30 p.m. in the Municipal Building, 53 W. South Street, Carlisle, Pennsylvania. You, or another applicant's representative must be in attendance at this meeting for the request to be considered. Borough staff is recommending approval of your plan subject to the conditions shown on the attached page. In addition, Borough staff is recomn~ending approval for your requested waiver of sidewalks along public streets. Attached is a copy of the Planning Commission agenda for this meeting. Please don't hesitate to call if you have questions or need additional information. Sincerely, Kenneth W. Womack Planning/Zoning/Codes Manager Enclosures cc: Project File 53 Wes! South SU'eet. Car is e, PA 17013 TeL (717) 249-4422; FAX (717) 249-5587 CONDITIONS FOR APPROVAL PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT, OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) (I-2 LIGHT INDUSTRIAL DISTRICT) Pursuant to §226-19A(2) of the Subdivision and Land Development Ordinance, the plan slmll reflect the complete date the plat was prepared and shall change ali revision blocks to indicate "Borough" rather than "township" review. 2. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall, the name, address, sigmature and phone number of'Ihe owner or applicant. Two (2) copies of the plan shall be signed by the owner or applicant. Pursuant to §226-19A(15) of the Subdivision and Land Development Ordinance, page 3 of the plan (Subdivision Plan) shall show the total square footage and acreage of hind, number and area of lots, area of rights-of-way and recreation area or common space and nmnber and area of dwelling units and/or structures mad all other uses, in tabular form. Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall include on the plan a note that there are nc, proposed streets, rights-of-way or other improvements to be dedicated to the Borough of Carlisle. 5. Pursuant to §226-19A(17) and § 226-36 of the Subdivision and Land Development Ordinance, the plan shall show the location of any proposed site improvements to include curbs, sidewalks, and fire hydrants. Applicant shall provide fire hydrants at a minimum of three hundred (300) feet along Allen Road and interior driveways. 6. Pursuant to §226-19A(18) and §226-23A(3) of the Subdivision and Land Development Ordinance the plan shall show the typical cross section of' all streets including a curb and center lh~e profile. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins mid lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be cmmected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements on Lot 2. Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance mad Borough of Carlisle Standard Public Works Specifications, the plan shall be modified to show: the sewer lateral comaected to the existing sewer main pipe downstream of the manhole and not the manhole; inlet and outlet protection bars installed on storm drainage pipes; a separate curb valve and line for the domestic water service from the right-of-way bomadary. 9. Pursuant to §226-19C of the Subdivision and Land Development Ordinance, if applicable, the plan shall contain a note that the site is underlain with carbonate rocks (limestone and dolomites), that there is a potential for sinkholes and thal special construction teclmiques may be required. 10. Pursuant to §226-19I of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy penni/application filed or proposed to be filed with the Pe~msylvania Department of Transportation (Pem~ DOT). 11. Pursuant to §226-23K(3)(d) of the Subdivision and Land Development Ordinance, the applicant shall align the southern entry into the track with the macadam drive on the opposite side of Allen Road. 12. Pursuant to 6226-19M of the Subdivision and Land Development Ordinance, the applicant shall modify General Note 1 on page 5 of the plan to make it consistent with the proposed use of lot 2 as shown on the plan. 13. Pursuant to §226-19M of the Subdivision and Land Development Ordinance and §255-160 of the Carlisle Zoning Ordinance, the applicant shall include a note on the plan that that ail lighting will comply with the provisions of the Carlisle Zoning Ordinance. 14. Pursuant to §226-33 of the Subdivision and Land Development Ordinance and Borough of Carlisle Standard Public Works Specifications, applicant shall extend the sanitary sewer and water mains along the entire Allen Road frontage of the property. 15. Pursuant to §255-95A(9) of the Carlisle Zoning Ordinance, the applicant shall provide a reasonable set of deed restrictions or covenants imposed by the developer to cover types of uses, maintenance of lots and industrial operations with a proper means of enforcement to carry out the purposes and requirements of a plam~ed indnstrial development, or shall provide a written statement that no such deed restrictions or covenants are needed for this site. 16. Pursuant to 6255-184 of the Carlisle Zoning Ordinance, tiSe applicant shall show on the plan parking calculations for the proposed use on Lot 2. 17. Pursuant to 6255-189H of the Carlisle Zoning Ordinance, the applicant shall modify the plan to separate vehicular routes from major pedestrian routes within the parking lots. 18. Pursuant to §255-190A(3) of the Carlisle Zoning Ordinance, the applicant shall modify the plan so that any parking lot which includes nmre than thirty (30) parking spaces shall provide a landscaped area equal to five percent (5%) of the total paved area. Applicant shall provide calculations on the plan that indicate the required landscaping is present. 19. Pumuant to §255-190A(4) of the Carlisle Zoning Ordinance, the applicant shall modify the plan so that one (1) deciduous tree is planted for every four thousand (4,000) square feet of paved area. This number of trees shall be in addition to those required by any other section of the Zoning Ordinance or by the Subdivision and Land Development Ordinance. Applicant shall provide calculations on the plan to indicate the required number and types of trees are present. PLANNING COMMISSION Agenda * Meeting to be held on Thursday, October 24, 2002, at 5:30 p.m. * Review of the minutes of the September 26, 2002 meeting. * Item(s) pending review by the Plmming Commission: 1. The Plam~ing Conm~ission may consider a preliminary land development plan submitted by J. Michael Brill & Associates, Inc. on behalf of the B.T. Group to construct an eleven thousand eight hundred five (i 1,805) square feet retail store and associated service facility along with associated parking and public improvements at the southwest intersection of Rimer Highway (S.R. 1 I) and Meadow Boulevard (R-2 Medium Density Residential District). In addition, the Planning Co~mnission may make a recon~nendation to Borough Council on a request for waiver of sidewalk along Ritne,' Highway. 2. The Planning Conn~uission may consider a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grub/c, Inc. on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage and distribution facility and an additional 4,000 square foot facility, along with associated improvements, as a plam~ed industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Fame" along Allen Road (I-2 Light Industrial District). In addition, the Planning Commission may make a recommendation to Borough Council on a request for a waiver of required sidewalks along streets for this development. * Opportunity for the public to speak on items of concern rtot listed on the agenda. * Opportunity for Plm~ning Commission members to discuss items of concern not listed on the agenda. Respectfully submitted, Keuneth W. Womack Planning/Zoning/Codes Manager Municipality Plat Title REVISED 02-260 Cumberland County Subdivision/Land Development Review Report Carlisle Borough Surveyor Not Given Engineer Not Given Opus East (Bear Property) Zoning District I2 - Light Industrial Proposed Land Use 1 Warehouse Plat Status: X Preliminary Plat Type: Subdivision Regulations: County Final Laud Development X Municipal P/F X Combined X Zoning Minor X S&LD # of Lots 2 # of New Dwelling Un/ts 0 Acreage Subdivided 27.59 Total Acreage 290 Date Received 9-I3-02 StaffReview 10-14-2002 Official County Review 10-17-02 ( ) Plat appears to comply with applicable regulations. ( ) Plat appears to generally comply with applicable regulations; revisions may be required, as indicated. ( X ) Plat appears to need substantial revision, as indicated. Reviewed by JK Checked by · When applicable, streets, sewer, water, storm drainage, and other infrastructuse elements to be verified as adequate by municipal staff/engineer. ,a/ny improvement guarantees shall be posted prior to final plat approval. Registered PA Land Surveyor is required to certify all lot/~act boundary descriptions. When applicable, zoning compliance to be verified by Municipal Zoning Officer. Appropriate sewage module component should be processed prior to final plat approval. Final plats must be recorded within 90 days of approval. Review comments with cited ordinance provisions are based on mnni¢~al regulations on file with the County Planning Commission. 1. Does the submission of only this portion of the Bear Property for approval impact any of the conditions of the special exception approval? 2. Will the proposed cul-de-sac be named? The plan should include a road cross-section and meet ail design standard for streets. (S&LD Ord4 Section 226-23.A.3). 3. The plan notes should indicate that the site is underlffm with hmestone. Information must be provided to indicate the potential for sinkholes and special construction procedures should be identified. (Subdivision Ordinnnce Section 226~19.C) 4. An environmentaI study may be required as noted in the Subdivision Ordinance Section 226-19.E. 5. If this is the first phase of the total Bear Tract development, there should be a staging plan indicating schedules of submissions and delineating proposed sections. (Subdivision Ordinance Section 226-19.1-1) 6. The utility plan on sheet 6 should identify the locations and type of lighting (Zoning~ Section 255-160). 7. This plan is not consistent with the 1-81 Exit 12 study which indicates no additional truck traffic fi`om the Bear property (Carlisle and West Pennsboro). The proposed improvements to Allen Road and 1-81 interchange as a result of the study, which have been programmed through Penn DOT's 12 Year Program, may not support the traffic generated by this development. The Exit 12 study also recommended this tract in Carlisle to be rezoned to Agricultural, which would reduce the impact of industry on adjacent properties and truck traffic on the roads. Is the lot north of Lot 2 a residential lot? If so, does this require a 200' setback or I20' setback with screening? If this is the case, this plan does not appear to meet the requirements o:~'the I-2 zone, which requires uses to be built in a "Planned Industrial Development". It requires an area controlled by a single landowner and developed for a number of firms. If buffer and screening is required along the north side of the tract, it may be impossible to be build in lot 2. (Zonin~[, Section 255-89). 9. If the rezoning in West Pennsboro is not approved, does the applicant intend to build on this tract only? Also, if the development is built in West Pennsboro, will all access to the site bt: through Carlisle? 10. The County Planning Commission recommends this plan be disapproved based on the above comments and its inconsistency with the 1-81 Exit 12 Study. BOROUGH OF CARLISLE "Committed To Excellence In Community Service" September 25, 2002 Andrew M. Kenworthy Regional Service Group Manager Herbert, Rowland & Grubic, h~c. 369 E. Park Drive Harrisburg, PA 17111 Preliminary Subdivision/Land Development Application Opus East - Bear Property Dear Mr. Kenworthy: The Borough staff has reviewed the subject subdivision/land development plan application and as you and I discussed in our phone call last week, the staff has decided to delay placing th/s item on the September 26, 2002 Planning Comm/ssion meeting agenda. Based on our initial review, the plan has several substantial features which appear not to comply with the Carlisle Zoning Ordinance, the Subdivision and Land Development Ordinance, and the conditions in the ZHB Order approving the special exception for a planned industrial development on this tract. This letter is meant to clarify the key substantial issues before the plan goes to the Planning Cormnission and Borough Council. Compliance with Zoning Hearing Board Order: The plan subxrdtted to the Zoning Hearing Board (ZHB) upon which the ZHB approved the special exception (Exhibit A-2) included a proposed four thousand (4,000) square foot building on what is now described as Lot 2 of the subdivision/land development plan. This building was included to satisfy the requirements for the definition ora planned industrial development (PID) as defined in §255-12 of the Carlisle Zoning Ordinance which required the land to be "developed as a single entity for a number &industrial firms...." It is my determination that the plan subntitted on September 6, 2002, is substantially different than the plan submitted to the ZHB because it does not contain the additional building. Access to adjacent portion of the lot in West Pennsboro Township: The ZHB detemfined as a "finding of fact" (Number 7) that the plan presented to the board (Extfibit "A-3") shows a road providing access to the property from Allen Road (S.R. 465). This new road shown on the special exception plan ends in a cul-de-sac just prior to reaching the township boundary line which divides the property (and which is the western boundary of Lot 1 on the subd:Msion/land development plan). The ZHB further found that the cul-de-sac is intended to be temporary as the special exception plan showed dashed lines for future continuation of the road into the remaining property. In/ts Opinion m~d Decision, the ZHB approved the special exception plan with the condition that any use of the Borough portion of the property as a Gateway Use, to or from the Township portion of the property, is a different or additional use and that a new special exception approval would be required for this Gateway Use. Pages 4 and 5 of the subdivision/land development plan show a road and corresponding sixty (60) feet right-of-way from Allen Road across the property connecting with the township portion of the property. While the road shows a cul-de-sac, it is my detem'fination that the proposed right-of-way to the township portion of the property does not comply with the decision of the Zoning Hearing Board. 53 West South Street, Carlisle, PA 17013 Tel. (717) 249-4422; FAX (717) 249-5587 Relationship to Surroundings: Section 255-95A.4 of the Carlisle Zoning Ordinance requires the applicant to show how the development will be coordinated with other portions of the I-1 and I-2 Districts and with h*terstate 81 and areas zoned for industry in adjacent mmficipalities. In the event any challenges to the above detemfinations are snncessf-al, this section of the Zoning Ordinance becomes more relevant. The Borough is aware, through testimony at the ZHB hearing and the local media, that the applicant has requested a zonthg change for industrial use in the remaining portion of the tract. Such development will directly affect the Carlisle Borougb portion of the tract, to include a potential use of the road through this tract as an arterial and the requirement for additional paved area and building setbacks. For this reason, the Borough would require compliance with §255-95A.4 above and will ask the appl/cant to provide proposed uses for the adjacent property in West Pennsboro Township. In addition, the current layout for water and sewer would not be considered adequate if water and sewer had to be provided to the additional portion of the tract. Paved Area Setbacks: Section 255-92A(4) requires a seventy-five (75) foot paved area setback from an arterial street. Alien Road (S.R. 465) is an arterial street. Area identified as "futm-e trailer parldng" on the east side of the building encroaches into the required paved area setback. Setbacks from dwellings and residential districts. Section 255-93A. of the Zoning Ordinance requires a two hundred (200) feet setback fi'om any residential district boundary for any area routinely used for the movement, parking, storage, loading and unloading of tractor-trailer tracks or trailers of tractor-trailer combinations or any refrigerated trucks. Section B of the same section allows a reduction of tlfis setback to one hun&ed twenty (120) feet if the use provides an earthen berm that meets specific conditions. A~nong these is that evergreen plantings required by {}255-171 of the ordinance shall be placed on the top or on the residential side of the earthen berm. The proposed landscaping as shown on page 8 of the subdivision/land development plan does not comply with §255-171 of the ordinance in that there are not sufficient trees planted nor are they planted in sufficient density to meet the ordinance. In addition to the above there ar'e some additional issues with respect to administrative and construction detail content that will have to ultimately be addressed in the plan. The Borough staff will be available to meet with your at your convenience following your review of the issues in thJ. s letter. If you would like to meet we would prefer to do it before October 14 to allow time to prepare the necessary staff documents for Planning Conmfission members to have before the meeting on October 24. Please do not hesitate to call if you have questions or need additional infom~ation. Kenneth W. Womack Planning/Zoning/Codes Manager CC: Fred Bean Mike Keiser Edward L. Schorpp, Esq. Property File Engineering & Related Services 369 East Park Drive Harrisburg, PA 1711 ! (717) 564-I 121 FAX (717) 564-1158 September 6, 2002 Mr. Ken Womack, Zoning Officer Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Re: Preliminary Subdivision and Land Development Application Opus East - Bear Property Carlisle Borough, Cumberland County, PA DearMr. Womack: On behalf of our client. Opus East, LLC, Herbert, Rowland & (h-abic, Inc. (HRG) is subm/tting this application for preliminary subdivision and land development approval for the referenced project. Opus East, LLC is proposing m subdivide the portion of the Bear tract that lies within the Borough of Carlisle f~om the rest of the property and create two new lorn Concurrent with this subdivision, Opus East is proposing to develop one of the subdivided parcels for warehouse use. Please find enclosed for this submission the following: Subdivision and Land Development Checklist for Preliminary Plats Preliminary Plat Application Form Carlisle Borough Application Fee, $2,400.00 Cumberland County Planning Commission Application for Plan Review Cumberland County Planning Commission Application Fee, $114.00 Sewage Facilities Planning Module Application Mailer for Planning Exemption Copy of Cumberland County Conservation District E&SPC Plan Review Application Twenty (20) Preliminary Subdivision and Land Development Plan Sets Two (2) Stormwater and Erosion & Sedimentation Control Reports Two (2) Traffic Impact Studies The apphcant will provide a reproducible plan and plans with signatures upon resolution of technical issues. The applicant is requesting a modification to {}226.19.A of the Subdivision and Land Development Ordinance in order to present plans at a scale of less than 1" = 50'. Due to the shape and size of lots, the area of proposed development would need to be broken up and put on multiple plan sheets to meet this requirement. The presentation of plans shows the entire development area on one sheet and is more readily viewed, reviewed, and referenced by all. We believe this clearly presents the required information and meets the intent of the ordinance. hrg~hrg-inc.com · wvwv. nrg4nc.com Harrisburg · Lancaster · State College · Gettysburg · Pittsburgh · Stroudsburg Mr. Ken Womack, Zoning Officer Carlisle Borough September 6, 2002 Page 2 Please feel free to contact me if you have any comments or questions or require further information regarding this application. Thank you. Sincerely, Herbert, Rowlaml & Grubic, Inc. Andrew M. Kenworthy, P.E. Regional Service (koup Manager AMmfss 2472,001 (Phase 7) Enclosure Mr. Matt Schlindwein, Opus East, LLC Mr. Kevin Johnson, P.E., Johnson Bemat Associates Herbert, Rowland & Grubic, Inc. PRELIMINARY PLAT BOROUGH OF CARLISLE SUBDIVISION/LAND APPLICATION FORM SUBDIVISION K LAND DEVELOPMENT X RESIDENTIAL NON-RESIDENTIAL Fee Paid $ ( ) Cash ( )Check Date of Planning Commission Approval: OFFICE USE ONLY DATE: Date of Borough Council Approval: TO 11-1~ APPLICANT: Please complete ALL of the spaces below: APPLICANT: Name: OP0$ E-,q~T LI.~ id, Address' 5,2.0 ~grOA~o l-o ~ PA 1O+~Z Phone: 01o-~18-4444 SUBDIVISION: Name: oP05 E,~6T Block(s) Lot(s) Tax Map: Parcel #: General Location: ~J£$T ~DK ATTORNEY: Address: 2 ~o~Tg ~aoMp ~qRg/SgUg6 P~ }7/~Phone: U }~- 2¢~- 7~DD PRESENT ZONING: ~ PROPOSED USE: ~4g~ NUMBER OF NEW LOTS: PUBLIC RIGHT-OF-WAY (ST.) ~EA: O ~ 6. DEED RESTRICTIONS: ( ) YES ( ~ ) NO I/We certi~ ~at ~e above statements are tree ~d correct, / / PROPERTY OWNER: Name: F'RAtO~/~ Address: 193 I~gd6Tg~L6 go~D Ca~ClSC,¢ fd 17103 mone: 117-249' 4056 SURVEYOR: Name: ~3Amg A6 Address: - Phone: ENGINEER: Name: ._~l~R~g'~; ~oidLA,xl D 4 ~l~o~}t6~ I~/C Address: 3&~ ~. PARK OglUg fl~ggl~0g6 ~ 17//[ Phone: ~tq-604'l/gl c/o :~Am~6 ~MYPK~ (If yes, attach a copy.) GROSS AREA NET AREA 290. o13 Ac. 29~, 08 Ac. Date: Signature(s) of applicant(s)/property owner(s) NOTE: p. pplicat on must be complete, All information identified in Borough Code, Chapter 226, must be submitted. Incomplete applications will be rejected. THE APPLICANT OR HIS/HER REPRESENTATIVE MUST BE PRESENT AT ALL PUBLIC MEETINGS AND BE PREPARED TO SPEAK ABOUT THE REQUEST, FEE SCHEDULE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE [Section 120-15 (A)] 1. Final Minor Land Development ............... $300 plus $15 per acre 2. Final Minor Subdivision ........................... $300 3. Preliminary Land Development a. Residential ................................... $500 plus $25 per dwelling unit o/~. Non-Residential ........................... $500 plus S25 per acre 4. Preliminary Subdivision # I~O0 a. Residential ................................... $500 plus 525 per dwelling unit //~Non-Residential ........................... $5 plus $25 per acre 00 5. Final Land Development ~. ~Zoo a. Residential ................................... $300 plus $15 per dwelling unit b. Non-Residential ........................... $300 plus $15 per acre 6. Final Subdivision a. Residential ................................... $300 plus $15 per dwelling unit b. Non-Residential ........................... $300 plus $15 per acre Municipality Surveyor Plan Classification: Owner/Developer Address Total Tract Area: Cumberland County Planning Commis Application for Plan Review [] Subdivision [] Land Development [] Combined o?o<, 0t57' &gA,e, [] Preliminary [] Final [] M/nor OPO9 ~ACT' LLC Phone Number 919 Subdivided Area: 2 ~ (Subdivision) Existing # of Lots: Existing Sewerage [] Public System: Existing Water [] Public Syszem: Zoning Distr/nt: 12 - Existing Land Use: Are any zoning variances/subdivision waivers requested? Developed Area: ~ ~5 (Land Development) Proposed # of Lots: ~ Proposed # of New Dwelling Units: O [] On- [] None Proposed Sewerage [] Public [] On- [] None Lot System: Lot [] Well [] None Proposed Water [] Public [] Well [] None System: [~IYES Proposed Land Use: NO Listvariances/waivers requested: CPggl~qt- ~g~¢p'[/o~ ~R. AA-I"F~D ¢-t~f~g- 2007. Date plan to be reviewed by Municipal Planning Commission: PurposeofthePlan: ~l)[Sbltllp£ Tv, lo t.t:)'T.~ Fees SubmStted: $ Check Number: Signed by: Date: ***The Cumberland Coun .ty Planning Commission meeting is held on the third Tliursday of each month. The cut off date for plan aubmixsion is nine (9j days prior to the meeting. Please submit this application and one copy of the plan to: Cumberland County Planning Commission 1 Courthouse Sq Carlisle, PA 17013 (717) 240-6377 .. BJ., JGt O~ SUBDIVI lION ~ t;,!ll~l~/.l~'Xd~PMENT CI-IECKLIST FOR PRELIMINARY PLATS Submission Date Carlisle Borough Application fee. (See attached schedule.) Submitted 20 days prior to monthly Planning Commission meeting. Cumberland County Review Fee The fee schedule for Subdivision and Land Development Plats submitted for Cumberland County Planrfing Commission Review and Report action is as follows: · Separate Subdivision and Land Development Applications Subdivision by Lots $70.00 base fee, plus; $ 2.00 per lot, first 25 lots, plus; $ 1.00 per lot over 25 lots. Residential Land Development $70.00 base fee, plus; $ 2.00 per dwelling unit, first 25 dwelling units, plus; $ 1.00 per dwelling unit over 25 dwelling units. Non-Residential Land Development $70.00 base fee, plus; $ 2.00 per acre (or fraction th6reof), first 10 acres plus; $ 1.00 per acre (or fraction thereof), over 10 acres. · Combined Subdivision and Land Development Applications Residential: $70.00 base fee, plus; $ 2.00 per lot, first 25 lots, plus; $ 1.00 per lot over 25 lots, plus; $ 2.00 per dwelling unit, first 25 dwelling units, plus; $ 1.00 per dwelling unit over 25 dwelling units. Non-Residential: $70.00 base fee, plus; $ 2.00 per lot, first 25 lots, plus; 3 1,46 o $ 1.00 per lot over 25 lots, plus; 2o $ 2.00 per acre (or fraction thereof) first 10 acres, plus; to $ 1.00 per acre (or fraction thereof) over IO acre:s. ~82 o ere s Ail fees are to be paid by Check, made payable to the "Cumberland County Planning Commission." (Application will be submitted to the County by Carlisle) One reproducible copy of plan or plat. Twenty (20) copies of the plan, two of which must be signed and notarized. [3 Indicate page size: [3 Scale not less than 100 feet per inch (50-feet per inch recommended). Plan labeled PRELIMINARY PLAT. Name or Title of proposed Subdivision/Land Development. Date plan was prepared and dates of subsequent revisions. North point and scale. Location map covering sufficient area to establish the location of the site within the Borough. Name, address, signature and phone number of owner or applicant. [3 Names of owners of all abutting unplotted land and names of all abutting subdivisions. Name, address, phone number, signature and seal of professional engineer', architect or landscape architect certifying the plat and the professional land surveyor certifying the accuracy of the plat perimeter survey. Track boundaries by bearing and distances, deed references according to records of the Recorder of Deeds and previous subdivisions and land developments. All existing property lines, easements and right-of-ways and the purpose for which the easements of right-of-ways have been established. Zoning district in which the property is situated and zoning of abutting properties. Note zoning requirements and ail variance or special exceptions approved by the Zoning Hearing Board. All existing streets on or adjacent to the tract, including name, right-of-way width and pavement width. All existing buildings, sanitary and storm sewers, water mains, culverts, hydrants and other significant manmade features on or abutting the tract. Water courses, marshes, rock outcrops, wooded areas and areas known to be underlined with limestone. Existing and proposed contours, at vertical intervals of two-feet (2'), fiYe-feet (5') required where the slope exceeds 15%. Unless plan is for subdivision purposes of adding or deleting property lines. Total square footage and acreage of land, number and area of lots, area of right-of- ways, etc. Location, width and al~proximate grade of all streets, right-of-ways and easements. Lot number, proposed lot lines, with approximate: dimensions of lot areas; proposed minimum setback lines for each street and yard, recreation area, public buildings, public areas and parcels of land, right-of-ways, and easements proposed to be dedicated or reserved for public use. Location of any existing or proposed site improvements such as curb, sidewalks, walkways, drivkways, fire hydrants, etc. Typical cross-section of streets, including a curb and centerline profile. An indication of the general location of existing and proposed water mains, sanitary sewers, electric, gas, telephone, cable TV, and stormwater catch basins and lines, etc., including plans and profiles of all water mains, sanitary sewer mains and storm sewers. General plans for collection, detention or retention of runoff surface water and its outfall, etc. Data, including a water model, sufficient to show adequate provisions for reliable, safe and adequate water supply Approval blocks intended to be signed by the appropriate officers of the Planning Commission, Borough Council, County Planning Commission and the Borough Engineer. Sewer plan revision module for land development if necessary. Where applicable, information on potential for sinkl:toles and special procedures to be taken to prevent subsidence. construction [21 Flood plain information if necessary. Environmental impact study. Where applicable, evidence that the Carlisle Schoc,1 District has been advised of the proposed Subdivision/Land Development plan. Traffic impact study. Staging Information. Copy of the PermDOT highway occupancy permit application, where required. Other material - please list. THIS CItECKLIST HAS BEEN ABBREVIATED 'AND DESIGNED TO AID TI-EE APPLICANT IN PREPARING HIS/I-I~ER APPLICATION. TIKE APPLICANT IS REFERRED TO CHAPTER 226 SUBDIVISION/LAND DEVELOPMENT OF THE BOROUGH OF CARLISLE'S CODE OF ORDINANCES FOR A LISTING OF ALL REQUIRED SUBMITTALS. Dmvelolx~entlflfownatlon:b~'U$ ~,~i~7' 5. SewageFIows Name of Deve~oment ~ E ~q/~ ~0 Pg£T~' 6. I~oposed Sewage Disposal Method Developer Name o,,:'d 5 g;t .GT~ /./. C. (~eck approprmte boxes): a. [] Sewerage System Name of existing system being extended ~CC~A] 496/)i 12 __ [] Public [] Private IntercapterName ALc~/q ~'~D __ Treatment Facility Name c~Rct~c(~ ~o~.~u~H ~Uw"Tp [] Pump Station(s)/Force Main b. [] Construction of Treatment Facility [] With Stream Discharge [] With Spray Irdgetion (not including IRS~S) [] Other [] Repair? Name of waterbody where point of discharge is proposed (if stream discharge) Commercial gpd- ~/~0 X ~ b~ J~) 7. Request for Planning Exemption a. On-Lot Disposal Systems (1) I certify ~hat the Official Plan shows this area as an on-lo{ service area. ! (Signature of municipal official) Date ! Name (Print) Title Municipality (must be same as in 2.b.) (2) I certify thst each lot in this subdNiston has been tested and is suitable for beth a pdmary and replacement sewage disposal system. / (Signature of SEO} Date ! Name (Print) Certiflcatien # (3) I cedJfy that each lot in this subdNision is at least 1 acre in size / (Signature of Project Applicant/Agent) Date c. [] On-lot Sewage Disposal Systems [~Public Sewerage Sen~ce (check appropriate line) ~ Based upon written certification, I certify __ Individual On-~ot system(s) that the fadlities proposed for use have [] institutional (including IRSIS) capacity and that no ovedoad exists or is Descdbe __ Community On-lot system projected within 5 years. [] Other (specify) __ Large Volume On-lot system / 4. Size d. [] Retaining Tanks (Signature of Municipal Official) Date a. # of lots ~. # of EDUs 7 __ Number of Holding Tanks / b. Development Acreage ') ~ +- __ Number of Pdvies Name (Print) Title c. Remaining Acreage 0 Municipatity (must be same as in 2.b.) CUT HERE BEFORE MAILING TO DEP Please refer to the attached 'Guidance for Completing SeWage Facilities Planning Module Application Mailer" for help in completing the above information. Engineering & Related Services 369 East Park Drive Harrisburg, PA 17111 (717) 564-1121 FAX (717) 564-1158 September 6, 2002 Mr. Brian K. Jaymes Cumberland County Conservation District 43 Bmokwood Avenue, Suite 4 Carlisle, Pennsylvania 17013 Re; Erosion and Sedimentation Control Plan Opus East - Bear Property Carlisle Borough, Cumberland County, PA Dear Mr. Jaymes: On behalf of our client, Opus East, LLC, Herbert, Rowland & Gmbic, Inc. (HRG) is submitting this application for erosion and sedimentation control plan approval for the referenced project. Opus East, LLC is proposing to subdivide the portion of the Bear tract that lies with/n the Borough of Carlisle from the rest of the property and construct the proposed improvements. Please find enclosed for tkis submission the following: Two (2) Subdivision and Land Development Plan Sets Erosion and Sedimentation Pollution Control Plan Review Application Application Review Fee, $1,035.00 The applicant is submitting these subdivision and land development plans to Carlisle Borough for their review and approval. Please feel free to contact me if you have any comments or questions c,r require further information regardthg this application. Thank you. Sincerely, Herbert, Rowland & Grubic, Inc. AM~ss 2472.001 (Phase 7) Enclosure Andrew M. Kenworthy, P.E. Regional Service Group Manager Mr. Matt Schlindwein, Opus East, LLC Mr. Kevin Johnson, P.E., Johnson Bemat Associates hrg~hrg4nc,com I www. hrg-inc.com Harrisburg I[ Lancaster ll State College 8[ Gettysburg I~ Pittsburgh ~ Stroudsburg EROSION & SEDIMENTATION POLLUTION CONTROL PLAN REVIEW APPLICATION This application must be completed by the applicant or his agent and submitted along with the required information, narrative and fee for E&S control plan reviews, PROJECT INFORMATION: PROJECT NAME: opu£ ~A,S'F L2, E.A~ FRo?££'F¥' MUNICIPALITY: CARLISLE TYPE OF DEVELOPMENT: Z (Choose appropriate number) 1 = RESIDENTIAL 2-- INDUSTRIALICOMM 3 = UTILITY 4 -- OTHER TOTAL PROJECT ACRES: 2~ IF RESIDENTIAL TOTAL NUMBER OF LOTS: RECEIVING WATERCOURSE: /ILe~A,~O£P. 5 -~?~'/,,/6 LANDOWNER ORDEVELOPER~ ~P~ EA~ RESPONSIBLE OFFICIAL: ~mE~ P. ADDRESS: ~20 ~,6ER~4~'ToW~ ~t~, 5u~g /~o PHONE CITY: ~Lym~OTH ~g~l~ O STATE: PLAN PREPARER; A~u~E¢ ~ A/~¢t:TR¢/ ADDRESS: ~5 ~. I~K PRIDE CITY: ~ ~/~ ~u~G STATE: TELEPHONE NUMBER: ¢~4- Il&/ FAX NUMBER: DISTURBED PROJECT ACRES: '7-0 z:-o.,~ o b o 6 z. U ~ E. T ZIP: ZiP: ADDITIONAL INFORMATION: . Does project require an NPDES Permit? '~1 YES ( ) NO NPDES permit number if one has already been attained; -- Does project need any Chapter 105 Dams & Waterway Permit? ( )YES If yes, what type? ~ (X~ NO Approximate project starting date: APPLICATION CHECK LIST: one copy of Erosion & Sedimentation plan drawings one copy of Erosion & Sedimentation plan narrative a completed application form review fee for E&S (see page 3 to determine appropriate fee) NPDES information (if applicable) l affirm that the above referenced plan has been prepared by a person trained and experienced in Erosion and Sediment Pollution Control methods and techniques, This application also authorizes the Cumberland County Conservation District to make inspections as necessary'. / (signature of applicant or authorized agent) PAGE 2 Of 3 ?, 04 EROSION & SEDIMENTATION CONTROL PLAN REVIEWS "FEE SCHEDULE AND NPD~=S PERMIT FEES" E&S REVIEW FEE SCHEDULE AS OF MARCH 1, 1996 IN DUSTR1AL/COMNIERCIALS SITES Sites less than 25 acres = $100 base fee + ¢25 per ac~e Sites greater than 25 acres -- ¢725 base fee + ¢20.00 for every project acre over 25 acres NOTE: Please round to nearest acre 5 ~¢"~8~'/~ EXAMPLES FOR INDUSTRIAL/COMmERCIAL SITES: O-1.99ACRES = ~100.00 Base fee only 2ACRES = $100 + (2X ~25)= ~150.00 20 ACRE SITE WOULD COST $~00 + (20 AC x $25) ~ $600.00 EO ACRE SiTE WOULD COST ~725 + (25 AC x $20} = $1,225.00 110 ACRE SITE WOULD COST $725 +( 85 AC x $20} = ~2,425.00 RESIDENTIAL SITES: 1 LOT = $50 EASE 2 - t00 LOTS ~- ¢50 BASE + $15/LOT GREATER THAN 100 LOTS = 91,550 BASE + $10/LOT OVER 100 EXAMPLES FOR RESIDENTIAL SITES: 1 LOT = $50 10 LOTS = $50+('rOLOTSX ¢15t = 9200.00 50 LOTS = $50+(50 LOTS X $15) = $800.00 t10 LOTS = ~1,550+{10 LOTS X (;10) -- $1,650.00 200 LOTS ~ $1,550+t00 LOTSX $10 = ~2,550.00 TIMBER HARVESTING PROJECTS Timber harvest projects > 25 acres disturbance = $100.00 Timber harvest projects < 25 acres disturbance = Fee waived REVIEW FEE COVERS; Initial plan submission and2re-submissions. All re-submissions after two (2) will be charged $100.00 base fee, WAIVER OF FEES FOR E&S PLAN REVIEWS'. Municipalities and government agencies Cooperating Agencies NPDES FEES: General Permit = ~25._~.00V/ WAIVER OF FEES FORNPDES; State Agencies Public Elementary & Secondary Schools General Permits for Stream Encroachments Individual Permit -- $500.00 NOTE: On uniqueor difficult sites, the Conservation District encourages a pre-plan deveJopment meeting with District staff, There is no fee associated with this initial meeting. To determine the amount of the check, combine E&S review fee and NPDES permit fee and make one check payable to; Cumberland Co Conservation District Clean Water Fund 4~ Io&~' 3630-PM-WQ0020 Rev. 912000 SECTION F -COMPLIANCE REVIEW Yes No Does the applicant (owner and/or operator) have or require ofher environmental permits issued by the Department? [] If yes, list each permit and the compliance history of the permitted facility or operation. Permit Program: Permit Number: Brief Description: Compliance History: If the applicant is not in compliance with any environmental law or regulation, permit, order or schedule of compliance, or has failed and continues to fail to comply, or has shown a lack of ability or intent to comply with environmental laws or regulations or any Department permit, order or schedule of compliance, as indicated by past or continuing violations, provide a narrative description of how the applicant will achieve compliance including the appropriate milestones. SECTION G. CERTIFICATION Applicant Certification I certity under penalty of law that this application and all related attachments were prepared by me or under my direction or supervision by qualified personnel to properly gather and evaiuate the information submiffed. Based on my own knowledge and on inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. The responsible official's signature also verifies that the activity is eligible to participate in the NPDES permit, and BMP's, PPC Plan, and other controls are being or will be, implemented to ensure that water quality standards and effluent limits are attained. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment or both ~or knowing violations. ~lephone.,~, r of igni 11 ' L/ ql?l, / ~ate of^pplication Signed Please note below the name, address and telephone number of the individual th~ should be contacted in the event additional information is required. Name: Christooher Deliinc~er Address: 369 East Park Ddve. Hardsbure. PA 17111 Telephone: ('7173 564-1121 FAX: ('7173 564-1158 Notarization: Sworn to and Subscribed to Before Me This Dayof ~' ~,,,,") ~ .,-~7 z~c~z- , 20 ~ Commonwealth of Pennsylvania County of NOTARY SEAL My Commission Expires: -4- Notarial Seal Jennifer B. Roynan, Notary Public Plymouth Twp. Montgomery County 1~47 Corn, mission Expires Jan. 31,2005 Zoning Hearing Board Borough of Carlisle ZHB Case No. 019-01 Date of Decision: March 6, 2002 Re: ()pus East, L.L.C. Applicant NAR 2 7 2002 Special Exception Application for Planned Industrial Development OPINION AND DECISION OF ZONING HEARING BOARD BACKGROUND AND PROCEDURE After proper advertisement, the Board held a public hearing on Thursday, February 7, 2002, in the Carlisle Borough Municipal Building located at 53 West South Street, Carlisle, Pennsylvania at 6:30 p.m. Due to the w>lume of testimony, that hearing. was not concluded on February 7, 2002, but rather was continued to Wednesday, March- 6, 2002 at 6:30 p.m., at which time the hearing was concluded and immediately followed by deliberations before the public and a decision. At thc: time of the February 7, 2002 portion of the hearing all of the five members of the Zoning Hearing Board were present, they being Chairman Ronald L. Simons and members Jeffrey G. Bergsten, Jason H. Gross, Jane Rigler and Jeffrey H. Benjamin. At the time of the continued hearing on March 6, 2002, three of the five members of the Zoning Hearing Board were present, they being Chairman Ronald L. Simons and members Jeffrey H. Benjamin and Jeffrey G. Bergsten. Also present on both hearing dates was alternate member Wayne Crawford who participated in the hearings and deliberations, but not in the decision of the Board. In addition, present on both days were Planning/Zoning/Codes Manager Kenneth W. Womack, Public Works Director Michael T. Keiser, P.E., and acting Solicitor Stephen D. Tiley, as well as a stenographer. At the beginning of the continued hearing on March 6, 2002 counsel for the Applicant was advised that only three members of the Board were present and able to hear testimony that evening and then render a decision. Three options were discussed, to wit: (i) Continuing the hearing to a time when more or a]l of the Board members would be present; (ii) Having the transcript of the Heating prepared for review by the absent Board members so that they could thereafter participate in deliberations and a decision; and (iii) Proceeding with the conclusion of the Hearing and the deliberation and rendering ora decision that evening by the three Board members present. The Chair expressed a preference for the third option which counsel for the Applicant agreed to and in fact the Hearing was therefore concluded the evening of March 6, 2002, deliberations conducted, and a decision rendered as aforementioned. Applicant requested a special exception for a Planned Industrial Development use on 27.5 acres situate in the Borough of Carlisle. Applicant's interest is in a property known as the Bear Farm containing a total of approximately 298 acres. All of the Bear Farm except for the 27.5 acres which is the subject of this application is located in west Permsboro Township, immediately to the west of the Borough portion of the property. Applicant was represented by legal counsel George Asimos, Jr., Esquire of the law firm of Saul Ewing, L.L.P. Witnesses were Kevin Johnson, an engineer and officer of Opus East, L.L.C. and James Snyder, an engineer with an independent traffic consulting firm. In addition, neighboring or nearby property owners testified. FINDINGS OF FACT 1. The Applicant is Opus East, L.L.C. which has an equitable interest in the property known as the Bear Farm. 2. The Applicant owns an option on, or has; an equitable interest in, a total of 298 acres of land known as the "Bear Tract." Approximately 27.5 acres of the Bear Tract '. is in the Borough of Carlisle. The remaining approximately 270.5 acres of land is situate in West Pennsboro Township. The Bear Tract is, therefore, divided by the Boroughfrownship line. 3. The Bear Tract has frontage on the western side of State Route 465 known as Allen Road, which is an arterial road. The portion of the Bear Tract which is situate in the Borough of Carlisle is the property having frontage on Allen Road. The 27.5 acres of land in the Borough is situate between Allen Road and the approximately 270.5 acres to the West in West Permsboro Township. 4. The Borough portion of the Bear Tract is situate in an I-2 industrial zone in which warehousing, light industrial, and other similar uses are permitted if in a Planned Industrial Development ("PID") A Planned Industrial Development is permitted by special exception in the 1-2 distr/ct. 5. The West Pennsboro portion of the Bear Tract is presently zoned agricultural. The Applicant expressed an intent to request that West Pennsboro Township re-zone its portion of the Bear Tract to an industrial classification. 6. Regarding the West Pennsboro portion of the Bear Tract, it was not known at the time of the Hearing if a re-zoning application will in fact be submitted, if the property will be re-zoned, if development plans will be submitted for it, nor when or if market forces will result in development. 7. The Special Exception Plan filed with the application (Exhibit "A-3") shows a road providing access to the property fi.om RouIe 465 known as Allen Road. The new road shown on the Special Exception Plan ends in a cul-de-sac just prior to reaching the Township boundary line which divides the property. However, the cul-de- sac is intended to be temporary as the plan shows dashed lines for the future continuation of the road into the remaining property. 8. Applicant testified that if it seeks and receives re-zoning of the West Pennsboro Township portion of the property, that it inter, ids to provide an access to the Township portion of the property through the Borough portion of the property. 9. If the Township portion of the property were to be re-zoned and developed, the Borough property was described as being used to provide a "gateway" to what would then be a much larger industrial development encompassing the Township portion of the property. 10. Applicant only provided planning and traffic information for the Borough portion of the property, maintaining that any evidence concerning the potential use of the Township portion of the property would be speculative;. 11. Applicant has presented two general "uses" for this property, to wit: a) The uses related to the development of the Borough portion of the land and limited to those uses on the Borough portion of the land, as shown on the Special Exception Plan with the road terminating in a cul-de-sac. (The" Borough Uses." ) b) The possible or potential use of the Borough portion of the land as a gateway to or fi-om the approximately 270.5 acre Township portion of the property as shown on the Special Exception Plan by the possible extension of the access road into the West Pennsboro Township portion of the land. (The" Gateway Uses." ) 12. The Applicant presented testimony intending to show that the Borough Use of the property would not produce traffic or other effects which would be in excess of the normal expected results of warehouse development of this property. Applicant refused to provide information concerning the anticipated traffic or other effects of the development of the entire approximately 298 acre Bear Tract for warehouse or other industrial purposes. 13. The Applicant accepted a condition that no more than 200 tractor trailer tracks, as defined for use in {}255-187(A)(46) of the Carlisle Zoning Ordinance, will emanate from the two lots to be developed on the Borough portion of the property, both separately and taken together. 14. Applicant submitted some traffic data ~xhibit" A-8") and testimony to show that no more than 200 tractor trailer trips would be created by the Borough Use of the property. Applicant did not submit any traffic information concerning any potential use of the entire property, including the Township portion of the property. Applicant did not submit a complete traffic study as described in {}255:-175 of the Carlisle Zoning Ordinance. -15. Several neighboring or nearby residents testified to concerns regarding negative sight, light, noise and traffic impacts ora potential development of the Borough Uses of the property as well as the potential development for the Gateway Uses of the property. 16. Development of the Borough portion of the property, for the Borough Uses, Mil not result in abnormal or excessive amounts of traffic beyond that which would normally be expected to emanate from this property and the industrial zoned 27.5 acres situate in the Borough. 17. Development of the Borough portion of the property, for the Gateway Uses, will result in abnormal or excessive amounts of traffic beyond that which would nom~ally be expected to emanate from this property and the industrial zoned 27.5 acres situate in the Borougb. CONCLUSIONS OF LAW 1. Finding of fact number 11 concerning the Borough Uses and Gateway Uses of the property is incorporated herein as a conclusion of law as well. 2. Finding of fact number 16 concerning the Borough Uses of the property' and their traffic impact potential is incorporated herein as a conclusion of law as well. 3. Finding of fact number 17 concerning the Gateway Uses of the property and their traffic impact is incorporated herein as a conclusion of law as well. 4. Applicant met the standards for a special exception for the Borough Uses of the Borough portion of the property. 5. The Applicant failed to demonstrate that the Borough's zoning ordinance permits, by special exception, the Gateway Uses of the Borough portion of the property. 6. A full traffic study was required to be filed with the application. The Zoning Hearing Board, however, concluded that such a full traffic study was not' necessary for a decision limited to the Borough Uses of the Borough portion of the property. 7. Since the Applicant steadfastly maintained that the Board limit its consideration to the Borough Uses of the property, the decision of the Board is limited to the Borough Uses of the property. 8. The Zoning Hearing Board cannot control the use of the West Pennsboro Township property, but the Zoning Hearing Board can consider the potential Gateway Uses in determining whether to grant a special exception with regard to the portion of the property within Carlisle Borough. 9. Use of the Borough portion of the propen':y as a Gateway to or from the Township portion of the property would result in traffic far in excess of that which would be considered normal for the 27.5 acres which the Borough chose to zone as industrial and would result in substantial safety detriments to the Borough. The Gateway Use of the property would result in not only a high probability, but a near certainty that the property would generate traffic patterns not normally generated by approximately 27.5 acres of industrially zoned land and that such abnormal 'traffic would impose a substantial threat to the health and safety of the community. ORDER OF THE BOARD The Zoning Hearing Board, by a unanimous vote of the three members present at the conclusion of the Hearing, voted to approve and grant the special exception to the Applicant as requested and limited by the Applicant to the Borough Uses of the Borough property only, subject to the following condition: This decision is expressly conditioned upon no more than 200 tractor trailer trucks, as currently defined for use in §255-187(A)(46) of the Carlisle Zoning Ordinance, emanating from the two lots to be developed on the Borough portion of the property, both separately and taken together. Any use of the Borough portion of the property as a Gateway Use, to or from the Township portion of the property, is a different or additional use. Because any such Gateway Use would constitute a significant change from that sought, by the Applicant, in the instant application, a new application, seeking to use the Borough portion of the property as a Gateway Use, will be required. The Zoning Hearing Board declined to extend the six month protection period set forth in §917 of the Municipalities Planning Code (53 P.S. §10917) and Applicant is advised that any land development or subdivision plans must be filed within six months from the date of this decision as this decision is based upon the comprehensive plan as adopted by Borough Council at the time application for the special exception was made. Anyone aggrieved by this decision of the Board has the right to appeal to the Cumberland County Court of Common Pleas within 30 days from the day of this decision. / on~l~ L. Simons · Bergsten ~ Date Je ff~y/l~..t~ enj am~._) Date 2/ ~.r~ ?C(M OVERSIZED DOCUMENT OVERSIZED DOCUMENT OVERSIZED DOCUMENT OVERSIZED DOCUMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF: ASSOCIATION OF CONCERNED : No. 2003 - 2711 CITIZENS OF WEST PENNSBORO : TOWNSHIP, : Civil Action Appellants : : v. : Land Use Appeal : THE BOROUGH OF CARLISLE : Appellee : : : FRANCES BEAR and PHOEBE BEAR : Intervenors : And AMENDED NOTICE OF LAND USE APPEAl, AND NOW COMES the Association of Concerned Citizens of West Pennsboro Township, Appellant, and files this Amended Notice of Land Use Appeal, averring as follows: 13. Appellant hereby incorporates by reference paragraphs 1-12 by reference as if set forth fully herein. COUNT II - ACTION FOR DECLARATORY RELIEF UNDER THE 14. 15. 16. 17. DECLARATORY JUDGMENT ACT On or about May 8, 2003, the Borough Council of the Borough of Carlisle voted to approve the preliminary land development plan regarding the parcel of land known as the "Bear Farm". Prior to this decision, in January of 2003, the initial applicant, Opus East, L.L.C. terminated its interest in the tract of land known as the "Bear Farm". Sometime subsequent to tiffs witi:Crawal, Opus East, L.L.C, purported to assign its rights in the already submitted preliminary land development plan to Frances and Phoebe Bear. Such a transfer is believed and therefore averred to have substantial and significant legal consequences to the continued validity of the application which was submitted for approval by Fr~ces and Phoebe Bear to the Carlisle Borough Council on May 8, 2003. 18. Upon information and belief, Appellants aver that such a transfer should fall under the provisions of the Municipalities Planning Code, 53 Pa. C.S. § 10101 et seq. 19. Appellants now seek relief in the form of a declaration of rights under the Declaratory Judgment Act by this Honorable Court, explaining the meaning of such a transfer or assignment of rights to a land development plan as they relate to the provisions of the Municipalities Planning Code. WHEREFORE, Appellants, the Association of Concerned Citizens of West Pennsboro Township, pray this Honorable Court issue a judgment opinion under the Declaratory Judgment Act that provides a declaration of rights as to the assignment of rights to a land development plan as such an assignment relates to the provisions of the Municipalities Planning Code. COUNT III - LACK OF VESTED RIGHTS TO DEVELOP PLAN UNDER PENDING ORDINANCE 20. Appellant hereby incorporates by reference paragraphs 1-19 by reference as if set forth fully herein. 21. At the time when Frances and Phoebe Bear received the assignment of rights to the preliminary land development plan that had been submitted to the Borough of Carlisle for consideration and apprOval, which assignment occurred on or about February 13, 2003, the Borough of Carlisle was in the process of considering amendments to the Borough of Carlisle's Zoning and Subdivision Ordinance. 22. Said amendments to the Borough Ordinance would have a significant impact on the uses permitted by right in areas zoned as "light industrial" uses (1-2). 23. The subject property at issue in this matter is located within the 1-2 zoning classification. 24. Under the prior ordinance, warehousing and distribution centers were uses permitted by right in 1-2 zoning districts. 25. The amended ordinance removes warehousing and distribution facilities from uses permitted by right in light industrial (I-2) zoning districts. 26. At the time that the amendments were put before the Borough Council for consideration, Frances and Phoebe Bear had taken no steps towards constructing a warehouse or distribution facility on the subject property. 27. The plan submitted by Opus E~:t find as assigned to Frances and Phoebe Bear would not have even been voted upon on May 8, 2003, if the Borough Council had approved the request of Frances and Phoebe Bear to delay consideration for an additional ninety (90) days from May 8, 2003. 28. The Borough Council on May 8, 2003 rejected the request for the additional ninety (90) day period submitted by the Bears and took action on the plan that evening. 29. As a result of their failure to take action on the Plan, Frances and Phoebe Bear have not created a vested right in the plan and as such, should be subject to the provisions of the zoning ordinance as amended. WHEREFORE, the Appellant, the Association of Concerned Citizens of West Permsboro Township, respectfully requests that this Honorable Court enter an Order reversing the approval given to the preliminary land development plan by the Borough of Carlisle. Respectfully Submitted, >. Kutulakis, Esquire I & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 717-249-0900 ire 380 Law Office of Harold S. Irwin, III 35 East High Street, Suites 201/202 Carlisle, PA 17013-3052 717-243-6090 CERTIFICATION/ATTESTATION I, Susan D. Armstrong, Borough Secretary of the Borough of Carlisle do hereby certify and attest that the attached are true and correct copies of the following minutes: · Carlisle Borough Council Meeting of May 8, 2003, which were adopted by Carlisle Borough Council on June 12, 2003 Susan D. Armstrong Borough Secretary July 13, 2003 (Seal) MINUTES CARLISLE BOROUGH COUNCIL MEETING May 8, 2003 Vice-President Gosser~ called the meeting to order at 10:00 p.m. Councilor Scott led the invocation and Pledge of Allegiance to the Flag. After roil call by the Secretary, the following members of Council were present: Gossert, Heineman, Kronenberg, Rankin, Scott, Giordano, Student Ambassador Grant, and Mayor Wilson. Also present were: Manager Bean, Assistant Manager Moonis, Finance Director Graham, Public Works Director Keiser, Planning/Zoning/Codes Manager Womack, Solicitor Schorpp, and Secretary Armstrong. SCHEDULED CITIZENS TO BE HEARD CONSENT AGENDA On a motion by Councilor Giordano, second by Councilor Kronenberg, Council voted 6-0 to approve the Consent Agenda. A. Minutes Public Safety Committee Meeting of April 7, 2003-Carlisle Productions Public Hearing of April 10, 2003-Zoning Ordinance Public Hearing of April 10, 2003-CDBG Action Plan/2003 Budget Council Meeting of April 10, 2003 B. Approval bfBills and Investment Transaction.~ Expenditures as of April 30, 2003: General Fund Water Fund Sewer Fund Parking Fund DARE Fund Self-Insurance Fund Recreation Area Fee Fund Fort LeTort Fund Highway Aid Fund $510,203.22 $141,357.86 $330,587.54 $15,897.69 $4,071.14 $3,261.20 $o. oo $o. oo $o. oo C. Attendance Approvals: Code Enforcement Officers, Michael Landis and Ray Allen, to attend a workshop on Masonry Requirements under the New Statewide Building Code, in York, Pennsylvania on May 21, 2003. 2. Sergeant McCoy and Officer Collare to attend the Community Policing Conference in Washington, DC from June 16 through June 18, 2003. Traffic Maintainer Gordon Sheriff to attend the International Municipal Signal Association (IMSA) Certification Training & Work Zone Safety/Traffic Signal Certification in East Windsor, New Jersey from June 23 through June 24, 2003. Manager Fred Bean to attend the Pennsylvania League of Cities and Municipalities (PLCM) 104th Annual Convention in Monroeville, Pennsylvania from June 25 through June 26, 2003. Councilor Frank Giordano to attend the Pennsylvania League of Cities and Municipalities (PLCM) 104t~ Annual Convention in Monroeville, Pennsylvania from June 25 through June 27, 2003. Manager Fred Bean to attend the National League of Cities training titled, "The High Performance Governing Body: Building Dynamic Council-Manager Relations" in Wichita, Kansas from June 27 through June 28, 2003. Councilor Timothy Scott to attend the National League of Cities training titled, "The High Performance Governing Body: Building Dynamic Council-Manager Relations" in Wichita, Kansas from June 26 through June 28, 2003. 8. Police Officer Pat O'Leary to attend the Pennsylvania DARE Officer Conference in Altoona, Pennsylvania from July 7 through July 11, 2003. Treatment Plants Manager Peter Selan to attend the Water Works Operators Association of Pennsylvania 7~ Annual Convention in State College, Pennsylvania from August 3 through August 6, 2003. D. Historical Architectural Review Board: Approval of the following: A request by Dwight West representing Dickinson College for a Certificate of Appropriateness at 249 W. Louther Street to remove the existing asphalt shingles and replace them with GAF, 30-year, pewter gray, architectural shingles with a new white aluminum drip edge. A request by Douglas and Rachel Hoch for a Certificate of Appropriateness at 221 W. South Street to repair the slate roof and replace damaged gutter on the east elevation of the property with materials in kind. The applicant was granted an emergency permit due to water damage as a result of recent snowstorms. 3. A request by John Hockensmith for a Certificate of Appropriateness at 114 N. Bedford Street to remove brick to the roof line, clean brick and rebuild and repoint the chimney to match its existing design. Matching brick will be used for original brick which has deteriorated beyond reuse. 1. A request by Jeffrey L. Williams on behalfofM&TBank for a Certificate of Appropriateness at I West High Street to remove one of two sets (the easternmost one) of existing first floor access metal stairs and handrails on the rear (north) elevation of the building and replace them with matching materials to include sizes, shapes and painted finish. Public Safet~ Committee: Approve the closure of A Street from North College Street to Ash Avenue on May 31, 2003 from 10:00 a.m. - 3:00 p.m. for the Carlisle Church of God to hold a street fair function. Public Works Committee: Direct the Borough Solicitor to draft and advertise an amendment to Chapter 175, of the Code of the Borough of Carlisle, modifying §606.5 Water Distribution Pipe. 3 REGUI,AR AGENDA TABLED, CONTINUED, AND RECURRING ITEM~q 1. On April 10, 2003, Council tabled the adoption of a new Zoning Ordinance. [At the conclusion of the May 8, 2003 Public Hearing (regarding the adoption of a new Zoning Ordinance) Councilor Kronenberg announced a continuance of said public hearing, which will take place on June 12, 2003 at 6:00 p.m.] REPORTS FROM ELF. CTED OFFICIA! President's Report 1. Council voted 6-0 to reappoint Michael Grant to a second one-year term as Dickinson College's Student Ambassador. Kronenberg/Giordano Council voted 6-0 to designate Councilor Giordano as the voting delegate for the PLCM Annual Convention, to be held in Monroeville, Pennsylvania from June 24 through June 27, 2003. Kronenberg/I-Ieineman Furthermore, Council voted 6-0 to designate Mayor Wilson as the alternate voting delegate for the PLCM Annual Convention, to be held in Monroeville, Pennsylvania from June 24 through June 27, 2003. Kronenberg/Heineman After the following inquiry, Council voted 6-0 to approve a request for five thousand dollars ($5,000) to be paid from the Borough's Economic Development Line Item of the General Fund. Said funding will be ~sed toward some of the associated costs for Phase II of the Carlisle Airport's Action Plan. Kronenberg/Heineman Councilor Kronenberg inquired whether South Middleton Township had, or will be, making a contribution to the Action Plan. Assistant Manager Moonis responded no. Councilor Scott announced that the Carlisle Airport had been awarded a sixty-thousand dollar ($60,000) grant by the Rendell Administration. 4. Council voted 6-0, by roll call vote, to adopt an Ordinance (1989) which will allow Council in the future to waive all, or a portion of, building permit fees for taxing entities in Carlisle Borough. Kronenberg/Heineman After the following summarization, Council voted 5-0-1, Councilor Heineman abstaining (due to a conflict of interest) to pass a Resolution (05-08-03-01) to participate in the Commonwealth's Keystone Opportunity Program for the Murata Business Center from January 1, 2004 through December 31, 2010, which will require the Borough to exempt, deduct, abate, or credit, all local municipal taxes identified in Act 217 of 2002. Kronenberg/Scott Mr. David Black, Harrisburg Capital Region Economic Development Corporation (CREDC) summarized the Keystone Opportunity Zone Program (KOZ). Council was informed that KOZ has been recognized as a powerful economic tool in the Commonwealth of Pennsylvania. Furthermore, Council was instructed that similar tax exemption request(s) were, or would be, made to the Carlisle Area School District, and the Commonwealth of Pennsylvania. Manager Bean inquired to the consequences if the Borough approved said Resolution and the Carlisle School District would disapprove CREDC's request. Mr. Black explained that all three taxing entities (Commonwealth of Pennsylvania, Carlisle School District, and the Borough of Carlisle) would need to approve the exemption request in order for the program to go forth. Mayor Wilson asserted that the Mura~a Business Center was a beneficial educational tool for the youth. By granting tax assistance, the youth, and the School District, would benefit from the program. B. Mayor's Report Mayor Wilson proclaimed the week of May 18, 2003 as National Public Works Week for Carlisle Borough. By doing so, Mayor Wilson presented a Mayoral Proclamation to Public Works Director Keiser recognizing the Carlisle Borough Public Works Department. REPORTS FROM COMMITTEES A. Community Plannln~/Qualit,y of Life Commlttcc Council voted 6-0 to direct staff to change the PR Hoffman Tract, known as Tract 3 on the deed dated February 8, 1998, and advertised as I-3 (urban Industrial District) on the advertised draft zoning map to be retained to the current zoning of the property which is R-2 (Medium Density Residential). Kronenberg/Heineman Solicitor Schorpp clarified that the motion is not considered a zoning or rezoning matter, but merely a recommended directional tool for staff. After the following discussion, Council took no action on the requests regarding the 100 Block of East High Street. Mr. Joseph Gaskin, 426 Arch Street, Carlisle, expressed his desire for garden apartments to be a Use Permitted by Right and that the R-4 Zoning remain. Ms. Gloria White, 151 East High Street, Carlisle, asked whether buildings currently utilized as apartments could be sold accordingly. 5 Solicitor Schorpp remarked that unless an abandonment topic would transpire, the answer would be yes. Councilor Scott inquired whether East High Street was in the Historic District. Councilor Gossert responded yes. Councilor Heineman questioned whether any provision exists for a zero setback lot line under the new R-5. Mr. Womack stated that the current setbacks call for twenty-five feet (25'). Councilor Heineman suggested that the area in question be changed to R-5. Student Ambassador Grant asked whether all designated R-5 areas are located within the Historic District; and if so, whether a provision could be written into the Ordinance regarding setbacks in an R-5 Zone, allowing for an Exception within the Historic District. Mr. Womack responded by giving background and design information on the R-§ District. It was noted that there was never a desire/intent by the Comprehensive Plan Committee to make lot sizes match the Zoning District. Mr. Grant suggested that a provision be placed in the Ordinance to make the Historic District an Exception to the setbacks of R-4 currently in place. Solicitor Schorpp remarked that under law, the Historic District's sole purpose is a regulation of the exterior appearance of structures; insofar, as the proportions of the structure that can be seen from a public way. The Historic District does not regulate usage, setbacks, lot coverage, etc., thereby, Mr. Grant's suggestion would not be appropriate. Manager Bean clarified that the main policy issue does not the current building's use; only future conversion(s) of buildings. Public Works Director Keiser suggested that Borough Council send the matter back to the Carlisle Borough Planning Commission for a Zoning Ordinance change, independent to the new Zoning Ordinance. Council agreed and decided to allow the area to remain as currently proposed. Councilor Kronenberg inquired whether Borough Council desired making any changes to the G.S. Electric Tract I-2 Zoning. No action was taken. Council voted 6°0 to waive the requirement for a preliminary plan and waive the requirement for land dedicated to the 'Borough for public recreational purposes or a fee in lieu for Carlisle Housing Opportunities Corporation. Kronenberg/Heineman 6 Furthermore, Council voted 6-0 to approve a final subdivision plan submitted by Brehm-Lebo Engineering, Inc., on behalf of Carlisle Housing Opportunities Corporation to combine three existing lots into two new lots at 146, 148, and 152 W. North Street (R-4 Town Center Residential District) for the purpose of constructing one new dwelling on each lot; subject to signed conditions (attached to these minutes). Kronenberg/Heineman Council voted 6-0 to waive the requirement for a preliminary plan and waive the requirement for land dedicated to the Borough for public recreational purposes or a fee in lieu for Thomas A. and Connie R. Shultz. Kronenberg/Heineman In addition, Council voted 6-0 to approve a final subdivision plan submitted by Thomas A. Shultz and Connie R. Shultz to subdivide the property at 136, 138, and 140 East Liberty Avenue (R-4 Town Center Residential District) into three separate residential lots for the purpose of transfer of ownership. Kronenberg/Heineman Council voted 6-0 to approve a revised final subdivision/land development plan submitted by Brehm-Lebo Engineering, on behalf of Michael Joseph Acquisition Corporation, to subdivide the property into three lots, demolish approximately 200,000 square feet of the current mall structure, and construct a new Lowe's Home Improvement Store, along with associated improvements at East High Street and York Road (C-2 Shopping Center Commercial District) subject to signed conditions (attached to these minutes). Kronenberg/Heineman Council voted 6~0 to approve a request from Michael Joseph Development Corporation, to extend by ninety-four (94) days (until August 15, 2003) the deadline for recording the final subdivision/land development plan for the Carlisle Plaza Mall/Lowe's Home Improvement Store, which was approved by Borough Council bn February 13, 2003. Kronenberg/Heineman After the vote, Councilor Kronenberg asked whether it was the developer's desire to withdraw the Lowe's plan approved on August 8, 2002. ' Mr. Brian Reisinger, Brehm-Lebo Engineering, Inc. responded yes. Solicitor Schorpp clarified that by withdrawing the plan approved on August 8, 2002, Lowe's relinquishes all rights to that approval. Mr. Reisinger affirmed. Councilor Kronenberg requested that the Borough Secretary ensure that the minutes reflect that the applicant withdrew the plan approved by Council on August 8, 2002 and relinquished all rights associated with the plan. After the following discussion, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to deny the waiver request for the preliminary Seven Gables Estates' subdivision plan. Kronenberg/Heineman 7 10. Additionally, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to approve a preliminary subdivision plan, submitted by Brehm-Lebo Engineering, Inc., on behalf of Seven Gables Estates, to subdivide a single five and 94/100 (5.94) acre tract (C-3 General Commercial) at the southeast corner of the intersection of Giant Lane and York Road (SR 74) into five (5) separate lots, three of which, are to be combined with existing lots and the remaining two lots to be developed as separate lots; subject to signed conditions, recommended by staff, and attached to these minutes. Kronenberg/Heineman Manager Bean recommended that Borough Council treat the Seven Gables Estates' plan as a preliminary plan and to deny the preliminary waiver request. Solicitor Schorpp clarified that staff had recommended denial of the waiver request; yet, because there was a written waiver request to waive the preliminary plan, it is Borough Council's duty to take action on said request. In addition, Solicitor Schorpp advised Councilor Kronenberg to abstain from voting on the issue due to his active role on Orrstown Bank's Board of Directors. Councilor Kronenberg concurred. Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict in interest) to grant a waiver to permit two driveways on a single street frontage at the intersection of Giant Land and York Road. Kronenberg/Heineman Furthermore, Council voted 5-0-1, Councilor Kronenberg abstaining (due to a conflict of interest) to approve a preliminary land development plan submitted by Brehm-Lebo Engineering, Inc., on behalLof Orrstown Bank, for construction of an approximately three thousand one hundred ninety-three (3,193) square foot banking facility, with drive through service, along with associated improvements, at the intersection of Giant Lane and York Road (C-3 General Commercial District); subject to signed conditions (attached to these minutes). Kronenberg/Heineman After the following deliberation, Council voted 2-4 by roll call vote, to deny a request by Mr. and Mrs. Francis Bear, Councilors Gossert, Scott, Heineman and Giordano voting to deny, an additional 90 days to consider a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage, and distribution facility, and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm", along Allen Road (I-2 Light Industrial District). Motion denied. Rankin/Scott Mr. Hubert Gilroy, Legal Counsel for Mr. and Mrs. Francis Bear, requested that Council grant an extension of said plan for ninety (90) days. Councilor Kronenberg responded that it had not been Council's position to grant waivers on preliminary plan approvals. Mr. Gilroy responded that the property owner (Bear) currently has a Special Exception that was approved by Carlisle Borough's Zoning Hearing Board. The original developer has withdrawn and the property owners are seeking a new developer to proceed with the development of the property as authorized under the Ordinance and pursuant to the Special Exception. Primarily, the request was made in the event that the property owners (Bear) obtain a new developer/tenant and minor modifications could be made to the plan. Solicitor Schorpp reminded Borough Council of the Zoning Hearing Board's Condition to the Special Exception for the Bear Tract. Said Condition stated that the plan be filed within six (6) months at the granting of the Special Exception. Mr. Gilroy emphasized that the Zoning Hearing Board Decision is currently on appeal, with all conditions having been signed with respect to the Plan's approval, and that the Borough's Ordinance allows for said use. Councilor Heineman inquired to the difference(s) between the GS Electric Tract and the Bear Tract. Solicitor Schorpp replied that the GS Electric Tract was not granted a Special Exception by the Zoning Hearing Board; whereas, the Bear Tract had been granted a Special Exception by said Board, along with various Conditions attached to the Special Exception. Mr. Gilroy added that the GS Electric Tract currently has no plan filed. Councilor Heineman inquired to who actually possesses the Plan approval. Mr. Gilroy remarked that Opus East, LLC had filed the Plan and later withdrew; subsequently, conveying all rights of the Plan to the property owner (Bear). Councilor Rankin expressed his non-opposition for granting the ninety (90) day extension request. Thereafter, Mr. Rankin made a motion to grant said extension; along with Councilor Scott's second. Mr. Nathan C. Wolf, 35 East High Street, Carlisle, expressed his dissatisfaction with the ninety (90) day extension request. Mr. Wolf requested closure of the Plan; requesting that Borough Council deny the extension request and ultimately the Plan. Mr. Bill Barker, Association of Concerned Citizens for West Pennsboro Township, stated that the Association had submitted a petition (containing four hundred (400) Carlisle residents' signatures) to West Pennsboro Township opposing the Plan. Mr. Barker addressed the community's health, safety, and welfare by requesting that Borough Council commission two studies (i.e., environmental and traffic). Council was instructed that under the Carlisle Subdivision and Land Development Ordinance, Article I Section 226.2, essentially provides that Borough Council require an environmental study, at the expense of the applicant, where a significant 9 environmental impact may result from the land development. In addition, Article I Section 226-19G provides that any truck terminal or industrial use of more than sixty thousand (60,000) square feet of total floor area (industrial space) is a use requiring a traffic study. Due to said Plan contemplating 352,800 square feet of ground space, along with excessive truck traffic, the rules mandate that a traffic study be performed. Mr. Barker emphasized that the Plan should not be approved until both studies are performed. In closing, Mr. Barker requested that the application be denied. Mr. Jason Kutulakis, Association of Concerned Citizens for West Pennsboro Township, requested that Borough Council deny the extension request. Mr. Kronenberg inquired whether a traffic and/or environmental study had been performed. Public Works Director Keiser responded that a traffic study had been performed as part of the preliminary plan submitted to the Planning Commission for its review. Mr. Keiser further stated that an environmental study had not been performed. In closing, Borough Council was instructed that the firm, who performed the traffic study, was available to answer questions. At this time, a roll call vote was taken on the extension request with subsequent denial by Borough Council. After the following remarks, Council voted 4-3, by roll call vote, Councilors Scott, Heineman, and Giordano dissenting, to approve a request for a waiver of required sidewalks along streets for the preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., on behalf of Opus East, LLC. Kranenberg/Heineman In addition, Council voted 4-3, by roll call vote, Councilors Scott, Heineman, and Giordano dissenting, to approve a preliminary subdivision/land development plan submitted by Herbert, Rowland & Grubic, Inc., on behalf of Opus East, LLC, to construct a 352,800 square foot warehouse, storage, and distribution facility and an additional 4,000 square foot facility, along with associated improvements, as a planned industrial development on the portion within the Borough of Carlisle of what is known as the "Bear Farm", along Allen Road (I-2 Light Industrial District); subject to all conditions recommended by staff with signed conditions attached to these minutes. Kronenberg]I-Ieineman Mr. Gilroy stated that the Conditions of said Plan had been signed; subsequently, requesting that Council approve the Plan and waiver. Mr. Heineman asked for legal direction on the I-2 Zoning District. Solicitor Schorpp explained that if Borough Council did not approve said Plan, then it is Council's duty to deny the Plan reflecting specific non-compliance issues of the Plan. 10 Mr. Gilroy interjected that the Plan must be considered under the Borough's ex/sting Zoning Ordinance and that it would be inappropriate (or a basis for grounds of appeal) if denial is made due to the fact of the new Zoning Ordinance. Mr. Gossert asked for clarification on whether the buildings' sizes would need to remain within the parameters as stated in the motion. Manager Bean responded that the buildings' sizes would need to remain the same size. Mr. Gossert asked if the Plan was disapproved, could a developer file a new plan with a warehouse use on said property before the new I-2 Zoning could take effect. Solicitor Schorpp stated his doubtfulness. Furthermore, Mr. Schorpp advised Council that the developer had accepted all the Conditions imposed by staff/Council and that there were no provisions in the Subdivision Land Development Ordinance that the Plan had not complied. For that reason, Borough Council would not have a defense to a legal challenge on the denial of the plan/document as provided. Mr. Barker proclaimed that Borough Council had the authority to deny the plan under the Pennsylvania Supreme Court's ruling in three separate cases. Mr. Schorpp explained that the Supreme Court cases mentioned by Mr. Barker predated the Municipal Planning Code. Mr. Barker reiterated his previous request for a traffic study. Councilor Scott requested that information be furnished on the traffic study. Mr. Jim Snyder, Herbert Rowland & Grubic, Inc., explained tliat a traffic impact study had taken place when the plan was filed with the Planning Commission. The study addressed the development (352,800 square foot distribution facility) and traffic on Allen Road and SR 11. The scope of the study was discussed with Borough staff and was found to be acceptable. Mr. Kutulakis expressed that the traffic study was flawed and should not be applicable. Mr. Scott questioned whether the issue could be tabled for thirty-one (31) days. Mr. Gossert responded no. Mr. Scott then questioned whether an extension could be granted for thirty-one (31) days; thereby, the new Zoning Ordinance would be in effect. Solicitor Schorpp replied that the new Zoning Ordinance could not affect the plan in question since it was filed under the Borough's current Zoning Ordinance, unless the applicants would choose to withdraw their old plan. B. Employee Relations/Citizen Participation: 1. Council voted 6-0 to appoint Leo "Skip" Brownyard as the Borough's new Emergency Management Coordinator. Heineman/Gossert C. Finance Committee: Council voted 6-0 to award the bids for bituminous and concrete materials as designated in the bid tabulation worksheet. The bid tabulation worksheet is made part of Council's action; and subsequently, is attached to these meeting minutes. Rankin/Heineman 2. Council voted 6-0 to award the bid received for the 2003 Street Recycling and Milling Program to Shore Slurry Seal, Inc. Rankin/Heineman Council voted 6-0 to give written consent to the Cumberland County Tax Claim Bureau to sell the property parcel #02-20-1800-099A. Rankin/Giordano D. Public Safety Committee: Council voted 6-0, by roll call vote, to approve an Ordinance (1990), amending the Code of the Borough of Carlisle, adopted by Ordinance #1576, and thereafter amended, with respect to Chapter 244, Vehicles and Traffic, to create a handicapped parking space on the north side of Graham Street. Gossert, eKronenberg E. Public Works Committee: Council voted 6-0, by roll call vote, to approve an Ordinance (1991), amending Chapter 233, of the Code of the Borough of Carlisle, naming three (3) unnamed avenues. These avenues' names shall be known as: Gev. F. R. Shunk Avenue, Kruger Dairy Avenue, and Mills Avenue. Giordano/Scott Council voted 6-0, by roll call vote, to approve an Ordinance (1992), accepting portions of Logistics Drive and S. Shearer Drive, as public streets, including all municipal infrastructure improvements constructed as part of the Exel, Inc. development. Giordano/Scott NEW BUSINESS: 1. Ms. Dee Delp, 29 East I Street, Carlisle, thanked Borough Council for its receptiveness/cooperativeness regarding the cancellation of the Custom Compact Car Show. Ms. Delp stressed the need for the Carlisle Police Department to enforce the golf cart issue(s), and examine the loading/unloading issue(s) around Bryn Mawr Read. 2. After the following request, Council voted 6-0 to approve the possible encampment of Civil War re-enactors at the LeTort Park from May 16 through May 17, 2003 without a Certificate of Liability Insurance Certificate. Heineman/Scott Assistant Manager Moonis requested that Borough Council either approve or disapprove a request made by Mr. Min/ch of North Bedford Street, Carlisle, regarding the possible encampment of Civil War re-enactors at the LeTort Park from May 16 through May 17, 2003. Borough Council was instructed that they would need to waive the park's 10:00 p.m. curfew if approval was granted. Solicitor Schorpp acknowledged that the Borough would be liable if a Certificate of Insurance was not produced by the re-enactors. Mayor Wilson explained that the re-enactors were a volunteer group whose roles would be portrayed in a movie. The movie would be funded through a grant; thereby, there would not be a Certificate of Insurance form available. REPORTS FROM COUNCIL MEMBERS: After the following announcement, Council voted 6-0, by roll call vote, to accept the recommendation of the Carlisle Chief of Police and Mayor Wilson (as outlined in the Police Chiefs letter of charges dated May 6, 2003) to dismiss Corporal Thomas L. Day, Jr., from the Carlisle Police Department. The letter of charges are not to be made part of the public record of this meeting. Kronenberg/Heineman Mr. Kronenberg announced that an Executive Session had taken place on May 8, 2003 for the sole purpose of discussing personnel issues. Solicitor Schorpp advised Council to refrain from comment on the issue. Mr. James D. Buckley, 1237 Holly Pike, Carlisle, addressed the dismissal of Corporal Thomas L. Day, Jr. Mr. Buckley asked that two letters, authored by the Chief of Police, dated April 24, 2003 and May 6, 2003; respectively be made available to Borough Council. Mr. Bucldey informed Council that he had responded (via letter) on May 7, 2003. After professing the dismissed police officer's respective disciplinary action(s) and allegation(s), Mr. Bucldey requested that the six-page letter be entered into the record. In closing, Mr. Buckley requested that Corporal Day not be dismissed as requested by the Chief of Police and the Mayor. Solicitor Schorpp remarked that the Borough of Carlisle disagrees with the facts presented to Mr. Buckley (by Corporal Day), along with the conclusions presented at the evening's meeting, and disputes the allegations made by the police officer. Mayor Wilson stated his agreement for the dismissal. 2. Mr. Scott announced that a Parks and Recreation Committee Meeting would be held on May 14, 2003 at 6:00 p.m. for the purpose of discussing the skate park initiative. 3. Mr. Gossert announced that a Joint Meeting would be held between Carlisle Borough Council, South Middleton Township, and North Middleton Township on June 3, 2003 at 7:30 a.m. at the South Middleton Township Municipal Building. REPORTS FROM STAFF None There being no further business, the Council Meeting adjourned at 12:05 a.m. on May 9, 2003. Susan D. Armstrong Borough Secretary (Seal) uncil Vice-Presi~n~ 14 CONSENT TO FINAL SUBDIVISION PLAN APPROVAL WITH CONDITIONS Re: Final Minor Subdivision Plan 146, '148 & 152 W. North Street Staff recommends Borough Council approve the final minor subdivision plan, subject to the following conditions: 1. Pursuant to § 226-19(8)h, the applicant shall modify the plan to show the sewer and water connections at the northwest corner of Lot 1 being capped at the curb stops, and shall include on the plan the available water and sewer connections that provide a perpendicular connection from the W. North Street mains directly to Lot 2. 2. Pursuant to § 226-19J(1) of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough'Solicitor, deeds of consolidation for changes in existing lot lines of existing tracts, parcels or lots. 3. Pursuant to § 226-19M of the Subdivision and Land Development Ordinance, the applicant shall document on the plan the Zoning Hearing Board decision granting variances for a minimum lot size of three thousand three hundred (3,300) square feet and a minimum lot width at the building setback line of twenty-five and 75/100 (25.75) feet for each lot. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature ofApplicant ~br Applicants Representative / Date Name of Applicant or Applicant's Representative Agreement- 146, 148, 152 W North CONSENT TO FINAL SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS Re: Revised Final Subdivision/Land Development Plan Carlisle Plaza Mall/Lowe's Home Improvement Store East High Street and York Road Staff recommends Borough Council approve the final land development plan, subject to the following conditions: 1. Pursuant to § 226-19JM of the Subdivision and Land Development Ordinance, the applicant shall document on the plan the Zoning Hearing Board decision granting a variance for a fifty (50) feet rear yard setback along the southern lot line of Lot 3 as shown on the plan (the Burger King tract). 2. Pursuant to § 226-19J(1) of the Subdivision and Land Development Ordinance, the applicant shall provide, for review and approval by the Borough Solicitor, the proposed text of deeds for changes of existing lot lines of existing tracts, parcels or lots. 3. Pursuant to § 509 of the Pennsylvania Municipalities Planning Code and § 226-20 of the Code of the Borough of Carlisle, the developer shall post the required financial security for all public improvements and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The amount of the required improvements shall include but not be limited to the cost of all public improvements and improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) ultimately issued. Subject to PennDoT approval, these improvements include, but are not limited to: the cost of new traffic signals at driveways 5 and 7; associated lane striping reconfiguration on Trindle Road to include left and right turn lanes between driveways 5 and 7; realignment of driveway 1; closing of driveway 6, signal timing modifications to York Road/Giant Lane traffic signal; and, reconfiguration of driveway 8 for right turn exit only. 4. Pursuant to § 255-188D of the Carlisle Zoning Ordinance, at the time of recording the final subdivision/land development plan, the applicant shall p~ovide for recording with the plan, in a form acceptable to the Borough Solicitor, a signed, perpetual, non- exclusive easement for access between Lot 1 (the Plaza Mall lot), Lot 2 (the Lowe's lot) and Lot 3 (the Burger King Lot) as the lots are depicted on the final subdivision/land development plan, dated 4/4/03 which guarantees uses on each lot the right to use any shared driveways and parking. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. ;signature d~Al~licant or Appli(Jant s Representative Date Name of Applicant or Applicant s Representative Agreement - Carlisle Plaza Mall CONSENT TO PRELIMINARY SUBDIVISION APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDIVISION PLAN SEVEN GABLES ESTATES Staff recommends Borough Council approve the preliminary subdivision plan, subject to the following conditions: 1. Pursuant to § 226-19A(4) of the Subdivision and Land Development Ordinance, the applicant shall ensure the final plan has the name, address, phone number and signature of all owners of property included as part of this subdivision plan. 2. Pursuant to § 226-19A(7)(d) of the Subdivision and Land Development Ordinance, the applicant shall modify Note 7 on page 1 of the plan to reflect the documentation requiring Residual Lot 4 to be considered part of Lot 1 and shall show the name and owner, including the deed reference, for the lot identified as Residual Lot 4 on the plan. 3. Pursuant to § 226-19A(7)(g), the applicant shall show all existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants, utility lines, curbs, sidewalks, signage, traffic control devices and other significant man-made features on or abutting the tract. Applicant shall ensure a water main in Giant Lane is shown on the plan. 4. Pursuant to § 226-19J(1), the applicant shall provide for review, in a form acceptable to the Borough Solicitor, deeds of consolidation for changes in existing lot lines of existing tracts, parcels or lots. 5. Pursuant to § 226~19M of the Subdivision and Land Development Ordinance, the applicant shall, prior to recording the final plan, obtain approval of the plan from South Middleton Township or provide documentation that South Middleton Township has waived any and all Zoning and Subdivision and Land Development requirements for this plan. 6. Pursuant to § 226-31B of the Subdivision and Land Development Ordinance, five percent (5%) of the tract or .297 acres, shall be dedicated to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 226-31C of the Subdivision and Land Development Ordinance and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31E, accept construction of recreation facilities, payment of fees in lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon such agreement, the fee to be paid in lieu of the required dedication of land shall be $4,455.00 payable prior to recording the final plan. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. Signature of Applicant or Applicant's Representative ' Date ~.~ot,,c~--~ S . .-.-.-.-~.~.~% Name of Applican! or Applicant's Representative Agreement -Seven Gables CONSENT TO PRELIMINARY DEVELOPMENT APPROVAL WITH CONDITIONS RE:FINAL MINOR LAND DEVELOPMENT PLAN ORRSTOWN BANK GIANTLANEANDYORKROAD Staff recommends Borough Council approve this plan as a preliminary land development plan, subject to the following conditions: Pursuant to § 226-19A of the Subdivision and Land Development Ordinance, the applicant shall modify the title of the plan to reflect the plan as a "Preliminary Land Development Plan." Pursuant to § 226-19A(7)(d) of the Subdivision and Land Development Ordinance, the applicant shall modify Note 7 on page 1 of the plan to reflect the documentation requiring Residual Lot 4 to be considered part of Lot 1 and shall show the name and owner, including the deed reference, for the lot identified as Residual Lot 4 on the plan. 3. Pursuant to § 226-19A(7)(g)of the Subdivision and Land Development Ordinance, the applicant shall ensure the plan shows all existing building, sanitary and storm sewers, water mains, culverts, fire hydrants, utility lines, curbs, sidewalks, signage, traffic control devices and other significant man-made features on or abutting the tract. Applicant shall ensure the plan shows all traffic control devices and traffic signage, to include street markings on the final plan. 4. Pursuant to § 226-19K of the Subdivision and Land Development Ordinance, the applicant shall provide an erosion and sedimentation control plan pursuant to all applicable statutes, regulations or rules and evidence that the complete applications have been submitted for any required erosion and sedimentation control permit. 5. Pursuant to § 226-19L of the Subdivision and Land Development Ordinance, the applicant shall provide a stormwater control and discharge plan pursuant to applicable laws, regulations or rules, and evidence that complete applications have been submitted for any required stormwater discharge permit to the County conservation District Office or DEP. 6. Pursuant to § 226-23K(1) of the Subdivision and Land Development Ordinance and Borough of Carlisle Public Works specifications, the applicant shall modify the plan to reflect concrete driveway aprons for all approved driveways. 7. Pursuant to § 226-23K(3)(b) of the Subdivision and Land Development Ordinance, the applicant shall modify the plan to reflect the northern driveway to the property be "Exit Only" and shall include on the plan all necessary and appropriate signage for traffic movements from all driveways. Agreement -Orrstewn 8. Pursuant to § 226-23K(6) of the Subdivision and Land Development Ordinance, the applicant is encouraged to show any proposed future access across Lot 1 to Lot 2 and to provide the required agreements for rites of ingress, egress, maintenance, repair and other relevant matters pertaining thereto. By signing below, I hereby attest that I have read the above and do understand and accept these conditions for approval of the above referenced plan. S'gnature of Applicant or Applicant's Representative Date Name of Applicant or Applicant's Representative REVISED CONSENT TO PRELIMINARY SUBDIVISION/LAND DEVELOPMENT PLAN APPROVAL WITH CONDITIONS RE: PRELIMINARY SUBDMSION/LAND DEVELOPMENT PLAN PLANNED INDUSTRIAL DEVELOPMENT OPUS EAST, L.L.C. ALLEN ROAD (THE "BEAR" TRACT) (1-2 LIGHT INDUSTRIAL DISTRIC1) Staff r~commends Borough Council approve the preliminary subdivision/land development plan, subject to the following conditions: t. Pursuant t° §226'19A(22) of the Subdivision and Land Development Ordinance, the applicant shall change the Borough Council signature block on the cover page of the plan to read, "Approved this (date) day of (month), 2002, by the Borough of Carlisle Council,' and shall have signature blocks for the Borough Council President and Secretary. 2. Pursuant to §226-19A(5) of the Subdivision and Land Development Ordinance, the plan shall show the name, address, signature and phone number of the owner or applicant. Two (2) copies of the plan shall be signed bythe owner or applicant. 3 Pursuant to §226-19A(16) of the Subdivision and Land Development Ordinance, the applicant shall modify note 16 on page 6 of the plan to exclude from dedication to the Borough the private force main along Allen Road from the access drive to manhole 2, and shall eliminate General Note 10 on page 5 of the plan. 4. Pursuant to §226-19J of the Subdivision and Land Development Ordinance, the applicant shall provide, in a form acceptable to the Borough Solicitor, deeds of dedication for all utilities to be dedicat'ed to the Borough and appropriate easement agreements for all public utility and other easements shown on the plan. 5 Pursuant to §226-19A(19) of the Subdivision and Land Development Ordinance and the Borough of Carlisle Public Works Specifications, the plan shall show the general location of proposed water mains, sanitary sewers, electric, gas, telephone, cable television and stormwater catch basins and lines. The size of each line shall be shown, as well as the location of or distances to any existing line to be connected to, with the size of such existing lines indicated. A profile of all proposed water and sewer mains and storm drainage lines shall also be shown. Any utility lines proposed to be above ground shall be noted as such. Applicant shall show such details for the proposed improvements, such details to include: · Minimum separation between water and sewer mains shall be ten (10) feet to include the mains where they cross Allen Road. · Three water main valves are required at the tee at the intersection of Alien Road and intedor drive. Pursuant to §226-191 of the Subdivision and Land Development Ordinance, the applicant shall provide a copy of any highway occupancy permit application filed or proposed to be filed with the Pennsylvania Departmenl of Transportation (Penn DOT). 7 Pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and Section 226-20 ol' the Subdivision/Land Development Ordinance, the developer shall, prior to final plan approval and recording, post the required financial security for all public improvements shown on the plan and enter into an improvement agreement with the Borough in a form acceptable to the Borough Solicitor. The required improvement agreement shall include, but not be limited to, the cost of all required and anticipated public improvements and/or improvements required by the Pennsylvania Department of Transportation under any highway occupancy permit(s) or amendments ultimately issued, improvements required as a result of DEP and/or Cumberland County's issuance of an E & S and an individual NPDES permit and any new fire hydrants required pursuant to Section 226-36 of the Subdivision and Land Development Ordinance. Pursuant to § 226-31 B of the Subdivision and Land Development Ordinance, five percent (5%) of the tract or 1.38 (one and 38/100) acres, shall be dedicateci to the Borough for public recreational purposes. Such land must meet the recreation area location criteria established in Section 22§-31C of the Subdivision and Land Development Ordinance and shall be shown on the final plan. In lieu thereof, the Borough may, upon agreement by the applicant as established in Section 226-31 E, accept construction of recreation facilities, payment of fees irt lieu thereof, the private reservation of land for recreational purposes, or a combination of the foregoing. Upon su, ch agreement, the fee' to be paid in lieu of the required dedication of land shall be $27,600.00 payable prior to recording the final plan. By signing below, I hereby attest that I have read the above and do understano and accept these conditions for approval of the above referenced plan.. Signature of Applicant/r Ap~ic-~nt's Representative .... Date 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF: ASSOCIATION OF CONCERNED : No. 2003 - 2711 CITIZENS OF WEST PENNSBORO : TOWNSHIP, : Civil Action Appellants : v. : Land Use Appeal : THE BOROUGH OF CARLISLE : Appellee : : FRANCES BEAR and PHOEBE BEAR : Intervenors : And CERTIFICATE OF SERVICE AND NOW, this 10th day of July, 2003, I, Rhonda D. Rudy, ofAbom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Amended Notice of Land Use Appeal upon all counsel of record by depositing, or causing to be deposited, same in the U.S. malI, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: B,y First-Class Mail: Edward L. Schorpp 10 East High Street Carlisle, PA 17013 Hubert X. Gilroy 4 North Hanover Street Carlisle, PA 17013 Secretary to Jason P. Kutulakis ASSOCIATION OF CONCERNED CITIZENS OF WEST PENNSBORO TOWNSHIP, Appellants V THE BOROUGH OF CARLISLE, Appellee V FRANCIS BEAR and PHOEBE BEAR, lntervenors : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 2711 : :CIVIL ACTION ._ _. .. : LAND USE APPEAL ._ _. ._ MOTION TO STRIKE AMENDED NOTICE OF APPEAL Intervenors, Francis Bear and Phoebe Bear, by their attorneys, Broujos & Gilroy, P.C., set forth the following: 1 The above captioned land use appeal (Appeal) was filed on June 9, 2003. 2 The Appeal involves action by Carlisle Borough Council (Carlisle) in its approval of a Preliminary Land Development Plan (Plan) for land owned by lntervenors Francis and Phoebe Bear. 3 Pursuant to 53 P.S. §11004-A, lntervenors filed a Notice of Intervention on June 16, 2003. 4 lntervenors listed this Land Use Appeal for argument on June 16, 2003 with argument to take place on July 23, 2003. 5 Carlisle filed the Record of the proceedings in this matter with the Court on June 26, 2003. 6 On July 10, 2003, Appellants Association of Concerned Citizens of West Pennsboro Township filed a document captioned "Amended Notice of Land Use Appeal" (Amended Appeal). 7 The Amended Appeal incorporates allegations as set forth in the Appeal and also includes at Count !1 an Action for Declaratory Judgment and at Count III a claim captioned "Lack of Vested Rights to Development Plan Under Pending Ordinance." 8 The Amended Appeal should be stricken for the following reasons: A. The Amended Appeal is filed without leave of court or any court order authorizing the appeal. B. There is no statutory basis or Pennsylvania Rule of Civil Procedure allowing for the filing of an amended notice of appeal in a land use appeal. C. The issues raised in the Amended Appeal are filed more than thirty (30) days beyond the timeframe within which a land use appeal needed to be filed in order to contest the May 8, 2003 action by Carlisle in approving the plan. D. Appellants incorporate an Action for Declaratory Judgment in Count II of Amended Appeal. Pennsylvania Rule of Civil Procedure 1601 mandates that an action for declaratory judgment must be commenced by the filing of a complaint, and Appellants have not filed a complaint in this particular case but, rather, have improperly attempted to join an action for declaratory judgment with a land use appeal. E. Count 111 of the Amended Appeal, which purports to base a claim on lack of vested rights to develop a plan under pending ordinance, lacks specificity and is not a viable claim that Appellants may assert in a land use appeal case. In the alternative, the Plan that Carlisle approved was filed with Carlisle well in advance of any timeframe that would trigger the pending ordinance rule and, as such, Carlisle appropriately approved the Plan subject to the criteria of the Ordinance in effect the date the Plan was filed. WHEREFORE, lntervenors request your Honorable Court to dismiss the Amended Notice of Land Use Appeal. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: APPEAL OF: ASSOCIATION OF CONCERNED CITIZENS OF WEST PENNSBORO TOWNSHIP, Appellants THE BOROUGH OF CARLISLE Appeliee And FRANCES BEAR and PHOEBE BEAR Intervcnor$ No. 2003 - 2711 Civil Action Land Use Appeal PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above referenced land use appeal withdrawn and discontinued with prejudice to the appellants. ~~rl D ate "//7///~/~'~' , ~$~ffme Court ID# 87380 J/L~w Office of Harold S. Irwin, III ~ 35 East High Street, Suites 201/202 Carlisle, PA 17013-3052 717-243 -6090 Counsel for the Appellants