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HomeMy WebLinkAbout12-6969Timothy J. Nieman, Esquire Attorney I.D. No. 66024 Jack F. Hurley, Jr., Esquire Attorney I.D. No. 24414 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Appellant Route 114 Associates ROUTE 114 ASSOCIATES, Appellant v. ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, L.P. and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees ~..~! Tk~^' {r ,may ^( Irt.~, 2~12NO'! I5 PI'S 12~ ~~ CUMBERLNND CQ11t~ti Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAND USE ~ti No. ~a - j~9/ 9 ~~ LAND USE APPEAL Appellant Route 114 Associates, by its attorneys, Rhoads & Sinon LLP, files this Land Use Appeal and appeals from the decision of the Zoning Hearing Board of Silver Spring Township, stating as follows: 1. Appellant is Route 114 Associates, a Pennsylvania limited partnership with its principal place of business located at 6570 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Appellee is the Zoning Hearing Board of Silver Spring Township (the "Zoning Hearing Board"), with an address of 8 Flowers Drive, Mechanicsburg, Pennsylvania 17050. 868216.1 ~~ ~ 9~9 ~' ;~3/~~ 3. Appellee is Silver Spring Township, a Second Class Township located in Cumberland County, Pennsylvania with an address of 8 Flowers Drive, Mechanicsburg, Pennsylvania 17050. 4. Appellee is Sam's East, Inc. ("Sam's"}, an Arkansas corporation with its principal place of business located at 2001 SE 10~' Street, Bentonville, AR 72716. 5. Appellee is THE Silver Spring Development, L.P., a limited partnership with its principal place of business located at 2127 Innerbelt Business Center Drive, Suite 200, St. Louis, MO 63114. 6. Appellee is Wal-Mart Real Estate Business Trust a Delaware statutory trust with its principal place of business located at 2001 SE 10~' Street, Bentonville, AR 72716. 7. On or about August 14, 2012, Sam's East, Inc. ("Sam's") filed its Application for Variance (the "Application") in which it requests a "variance from Section 503.2 [of the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance")] 1 to permit the enlargement of a dimensional nonconformity, i.e., lot coverage, or in the alternative a variance from Section 211.8 from the maximum permitted lot coverage." The Application was docketed at No. V-2012-7. 8. The property at issue is owned by THE Silver Spring Development, L.P. and Wal- Mart Real Estate Business Trust. 9. Sam's seeks to build a Sam's Club warehouse store on the site and requires a dimensional variance to do so. ' Unless otherwise noted, "Sections" refer to sections of the Zoning Ordinance. -2- 10. On August 31, 2012, Route 114 Associates filed Objections to the Application. Route 114 Associates had standing to object to the Application because it owns an approximately 21 acre parcel of land which adjoins a portion of the northern boundary of the land that is the subject of the Application and is affected by the Application. 11. The Zoning Hearing Board conducted a hearing on the Application on September 12, 2012. 12. Route 114 Associates, through counsel, appeared at the September 12, 2012 hearing and cross-examined witnesses. 13. In the Application, Sam's conceded that the "Shopping Center is currently legally nonconforming with respect to lot coverage, having a lot coverage of eighty-five percent (85%)." Sam's also conceded that the proposed Sam's Club development would increase the lot coverage. 14. Sam's argued that the proposed increase in lot coverage is de minimus and therefore the variance should be granted. Alternatively, Sam's requested a variance to increase the sixty percent (60%) lot coverage requirement contained at Section 211.8 to eighty-five and eight-tenths percent (85.8%) that is required to build the Sam's Club. 15. In its October 18, 2012 Decision on Application for Variances (the "Decision"), the Zoning Hearing Board, inter alia, granted "a variance allowing impervious coverage of 83.2% ... on the condition that the applicant install storm water facilities as testified to at the hearing." A true and correct copy of the Decision is attached hereto as Exhibit "A" and is -3- incorporated herein by reference. Zoning Heazing Boazd member Maffett dissented from this decision. 16. The action of the Zoning Hearing Board in granting the Application was legally and factually incorrect and requires reversal, for the following reasons: (1) Silver Spring Township has made the legislative decision that nonconforming dimensional extensions - such as that requested by Sam's -shall not be permitted. Article 5 of the Zoning Ordinance addresses nonconformities and clearly prohibits the variance requests made by Sam's. Specifically, Section 503.2 provides: "No extension or enlargement of a dimensional nonconformity shall be permitted." (Emphasis added). Accordingly, the Zoning Ordinance specifically prohibits the dimensional nonconformity enlargement requested by Sam's. The Zoning Heazing Boazd failed to address this issue. (2) Even if Sam's vaziance request is not absolutely barred by Section 503.2, with respect to its request for a de minimus variance, Sam's bases its calculation of the less than one percent (1%) variance on the existing nonconformity as opposed to the current sixty percent (60%) lot coverage codified in the Zoning Ordinance. Legally this is the incorrect method by which such a request should be measured. See King v. Zoning Hearing Board of the Borough of Nazareth, 76 Pa. Commw. 318, 321, 463 A.2d 505, 506 (1983)("The de minimis cases have never used an existing disparity as the point of departure."); accord Lench v. Zoning Board of Adjustment of the City of -4- Pittsburgh, 13 A.3d 576, 582 (Pa. Commw. 2011)("There is authority, however, for the view that the current zoning standazd should be the base measurement for evaluating whether a requested variance is de minimis. ). Here, using the correct measure, the requested vaziance seeks an almost 50% increase in the permitted maximum lot coverage. This clearly is not de minimus and clearly violates the letter and the spirit of the Zoning Ordinance. The Zoning Hearing Board failed to address this issue. (3) Sam's failed to establish the following elements required to obtain a variance: a. an unnecessary hardship stemming from unique physical chazacteristics or conditions will result if the variance is denied; b. because of such physical circumstances or condition, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and variance is necessary to enable the reasonable use of the property; c. the hardship has not been created by the applicant; d. granting the variance will not alter the essential chazacter of the neighborhood or be detrimental to the public welfare; and e. the vaziance sought is the minimum variance that will afford relief. Cardamone v. Whitpain Township Zoning Hearing Board, 771 A.2d 103, 105 (Pa. Commw. 2001)(citing 53 P.S. § 10910.2); accord Zoning Ordinance, § 604.4; 53 P.S. § 10910.2. While the requirements to obtain a dimensional variance aze less stringent than those required to obtain a use variance, -5- "applicants for dimensional variances continue to carry the burden to demonstrate more than simply that the regulation imposes a burden on the applicant's desired use of the property." Schomaker v. Zoning Hearing Board of the Borough of Franklin Park, 994 A.2d 1196, 1202 (Pa. Commw. 2010). Sam's failed to meet these requirements and the Zoning Heazing Board failed to address these requirements. (4) There are no unique physical chazacteristics on the site that will cause any unnecessary hazdship to Sam's. Rather, Sam's alleged "hardship" stems not from some characteristic of the property, but rather Sam's desired use of the property. This is not a proper basis for a variance. See Yeager v. Zoning Hearing Board of the City of Allentown, 779 A.2d 595, 597 - 98 (Pa. Commw. 2001). Further, development along the Cazlisle Pike continues and the Carlisle Pike remains a desirable location for such development. There certainly are uses to which the property can be put that comply with the Zoning Ordinance. The Zoning Hearing Boazd failed to address this issue. (5) The Zoning Hearing Boazd erred in finding "that the property is burdened by a hardship consisting of the existing pattern of development which occurred under a different standard" since such a standard is not recognized at law. (6) There was no evidence that the physical circumstances and condition of the property render it impossible to develop the property in conformity with the Zoning Ordinance. The property is located in a busy commercial corridor. There are numerous ways that the property can be developed to comply with the lot coverage requirement of the Zoning Ordinance. For example, the size -6- of the store could be reduced to comply with the lot coverage requirements.2 The Zoning Hearing Board failed to address this issue. (7) Any alleged hardship was self-imposed by Sam's desired use of the property, not the lot coverage requirement. As such, the variance was improperly granted. See Cardamone, 771 A.2d at 106. The Zoning Hearing Board failed to address this issue. (8) The vaziance will alter the essential characteristic of the neighborhood and will be detrimental to the public welfare. The 60% lot coverage limit was enacted to protect and reclaim green space and to provide a more aesthetically pleasing commercial environment. While it is true that the proposed Sam's Club is located in a busy commercial corridor, it is also true that large potions of the surrounding properties are either undeveloped and thus wooded or developed in such a way that they contain trees and green space. The variance - which is in direct violation of Section 503.2 -will frustrate the clear intention of the Silver Spring Township Board of Supervisors. (9) There was no evidence presented that the variance sought is the minimum variance that will afford relief. Further, the calculations contained in the Application and included on the relevant plans did not provide detailed explanations of why the lot coverage ratio increased and how the ratios were calculated. The Zoning Hearing Board failed to address this issue. z An argument that Sam's Clubs must be of a certain size and chazacter are misplaced and aze not properly considered in connection with a variance request. See Yeager, 779 A.2d at 597 - 98(afYirming trial court decision to deny vaziance request because, among other things, the hardship was created not by the physical characteristics of the property but rather by the building requirements of Land Rover.). -7- (10) It is believed that Sam's intends to subdivide Lot 2 shown on the plan submitted with the Application to create a separate lot to be purchased by the Applicant for the construction of the Sam's Club. If so, the plan submitted with the Application does not meet the requirement that it include a "scaled site plan with sufficient detail and accuracy to depict the nature of the request, and reflect its relationship with adjoining properties, and their improvements." Further, there is no indication on the plan how a subdivision of the property would impact the coverage ratios and other requirements of the Zoning Ordinance. The Zoning Hearing Board failed to address this issue. (11) The Zoning Ordinance does not permit combining lots to determine lot coverage ratios. Sam's failed to disclose the lot coverage on the individual lots. The Zoning Hearing Board failed to address this issue. WHEREFORE, Route 114 Associates respectfully requests that this Court reverse the action of the Zoning Hearing and deny the Application. Route 114 Associates also respectfully requests that this Court award it reasonable attorneys' fees and costs associated with this action. ^ ~! rv ~RTI~r'F°_? nll~~lL_ f-i~t;t.iN 1 ,~ (Domestic Mai! fJnly; No lns~rar~~~e Coverage Provided}' ~~ ~ ..D ~ Postage $ m a ceroeed Fee 0 p Retum Redept Fee (Endorsert~errt Required) ~ ResaMted Delivery Fee ~ (Endorsement Requlred) m ~ Totel Postage & Fees 9 Postmark Here a , aPOBoxlYo. By: Respectfully submitted, BROADS & SINON LLP ill' ~~~--, Timothy J. Nieman, Esquire Jack F. Hurley, Jr., Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Route 114 Associates -8- Ex "A" EN RE: :BEFORE THE SILVER SPRING TOWNSHIP ZONING HEARING BOARD APPLICATION OF ~ :CUMBERLAND COUNTY, PENNSYLVANIA SAM'S EAST, INC. DOCKET NO. V 2012-7 DECISION ON APPLICATION FOR VARIANCES The applicant seeks variances in connection with the development of a retail store. A hearing on the application was held on September 12, 2012. Facts 1. The applicant and proposed lessee of the property in question is Sam's East, Inc. of 2001 SE ] 0'~' Street, Bentonville, Arkansas 72716. The applicant was represented at the hearing by Tina Makoulian, Esquire. Appearing on behalf of the applicant were Gary Riddle, of THE Management, Asset Manager of the landowner, and Adam Benoski, of Boliler Engineering. 2. The property in question consists of a 57.522 acre parcel currently improved with a retail shopping center configured in a U-shape. Existing impervious coverage is 82.3% by virtue of apse-existing non-conforming development. The parcel has frontage on Carlisle Pike and Conodoguinet Parkway. 3. Tl~e applicant proposes to demolish the existing free standing retail facility at the northern portion of the lot which formerly housed a lumber yard/home center. This site would be redeveloped as a Sarn's Club retail faci}ity. As a result of the new building and associated parking lot reconfiguration, total impervious coverage would increase to 83.2%. 4. Under the present conditions storm water generated in the proposed site is discharged directly and in an uncontrolled manner into the Conodoguinet Creek which abt-ts the northeast corrrer• of the property. The applicant proposes as part of the development to install underground storm water detention facilities so that post-construction runoff will be at a lower rate than the existing conditions despite the increase in the impervious coverage. 5. The existing facility has been vacant for a number of years and is attracting vandalism. G. The applicant proposes to catsh•uct a total of seven signs on the new building. These would be two illuminated Sam's Club signs on the front of the building facing Carlisle Pike. One would be a 10' by 10' logo and the second would be an 8' by 8' logo. In addition, an 8' by 8' non-illuminated "Pharmacy Optical Photo Tires" sign and four smaller non-illuminated informational signs would be installed. These signs would identify the fire installation area (3.3 square feet), a welcome sign (G.6 square feet), an exit sign (2.59 square feet) and a loading canopy sign of 12.2G square feet. Total signage would be 260.86 square feet. 7. The applicant also proposes to install a fuel island in the approximate center of the lot. This island would have 16 signs, including 4 canopy signs of 19.01 square feet each and 12 pump face logo sighs of less than 4 square feet each. 8. In addition to the applicant, several adjoining property owners appeared before the Board. Route 114 Associates, represented by Timothy J. Nieman, is the owner of a 2 I acre parcel to the north of the property. No testimony was offered on their behalf. Gil Friedman of 495 Sample Bridge Road appeared before the Board to question the plan's impact on the Conodoguinet Creek. Howard Gautney, of 6 Creek Road, a neighboring property owner, expressed concerns about the noise impact of the proposed business. A representative of the Board of Supervisors testified in opposition to the requested sign variances. The Board did not have a position on the impervious coverage variance. 9. Notice of the hearing was posted and advertisement made as required by the ordinance. Conclusions I . Section 21 l .8 of the ordinance limits impervious lot coverage to 60%. The proposed construction would increase the existing lot coverage from 82.3% to 83.2% in violation of this section of the ordinance. Section 313.3 of the ordinance limits the total number of building signs to one per building face with a maximum of rivo. The sign packages for both the store and the fuel island as proposed would violate this section of the ordinance. 2. Section G04.4 of the ordinance grants the Board the power to grant variances where the provisions of the ordinance inflict unnecessary hardship upon the applicant. 3. The Board finds with regard to the impervious coverage requirement that the property is burdened by a hardship consisting of the existing pattern of development which occurred under a different standard. While the total impervious coverage as proposed is less than the former standard (90%), any fiu•ther development would requite a variance under the current standard. 4. Granting the requested variance for impervious coverage will not alter the essential character of the neighborhood nor advet•sely impair surr•ouruiing propetrty values. The proposed treatment of stotrn water developed by the applicant will achtally improve the existing situation, even though the impervious coverage is increased. No testimony was presented challenging the applicant's testimony in this regard. 5. With regard to the requested sign variances for the Sam's Club building, the Board finds that the applicant is presented with a hardship due to the size of the building and the number of activities carried on within the facility. Most of the proposed signs are more directional in nature, enabling business patrons to safely identify their destination with the facility. The total amount of signage is in scale with the building and it is less than the overall square footage allowed for buildings at this size. 6. With regard to the gas station signs, the Board finds that no justification for a variance exists. The allowed sighs on the canopy will identify the station and the pump signs are merely advet•tisetnent. Decision In view of the foregoing and having considered the plans and testimorry submitted to the Board, it is the opinion of the Board that a variance allowing impervious coverage of 83.2% should be and is hereby granted on the condition that the applicant install storm water facilities as testified to at the hearing. Further variance is granted allowing the installation of seven signs on the primacy building site iii accordance with the plans submitted to the Board. The request for variance for additional signs of the fi~el island is denied. SILVER SPRING TOWNSHIP Date: '~ • ~ ~_~ ~ ~... ZONING HEARING BOARD Dwiald Franklin, Vice Chair Board member Maffett dissents from that portion of the decision granting the variance for impervious coverage and number of signs. CERTIFICATE OF SERVICE I hereby certify that on this ~ day of November, 2012, a true and correct copy of the foregoing Land Use Appeal was served via United States first class mail, postage prepaid, return receipt requested upon the following: James H. Turner, Esq. Turner & O'Connell 4701 North Front Street Harrisburg, PA 17110 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Tina Makoulian, Esq. Ballard Spahr 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Zoning Hearing Board of Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 Sam's East, Inc. 2001 SE 10th Street Bentonville, AR 72716 THE Silver Spring Development, L.P. 2127 Innerbelt Business Center Drive, Suite 200 St. Louis, MO 63114 Wal-Mart Real Estate Business Trust 2001 SE 10th Street Bentonville, AR 72716 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Route 114 Associates Vs. No. 12-6969 CIVIL TERM Zoning Hearing Board of Silver Spring Township, Silver Spring Township, Sam's East, Inc., The Silver Spring Development, L. P. and Wal-Mart Real Estate Business Trust WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of Silver Spring Township, Silver Spring Township, Sam's East, Inc., The Silver Spring Development, L. P. and Wal-Mart Real Estate Business Trust We, being willing for certain reasons, to have certified a certain action between Route 114 Associates vs. Zoning Hearing Board Board of Silver Spring Township, Silver Spring Township, Sam's East, Inc., The Silver SpringDevelopment, L. P. and Wal-Mart Real Estate Business Trust 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 KEVIN A. HESS, PJ our said Court, at Carlisle, PA., the 15th day of November 2012. .l ' ~J 1~ ~1~~~~~ David D. Buell, Prothonotary c~ ^ Corr~iabs ilarf~s 1.2 anti 3. llllt'> oort~ple~te item 4 M Reebiclad y M deatred. ^ F'r~t you rwrrs and ati<trees art the reverse so tlut we ~ radon the oard to you. ^ Attach tide c:and ~ the back of the mailpieoe, or bn the Wart r< sp~eca partr~ib. ~. nrtsae addressed to: a ~+t . Re~„nroa~a ~' c. ~~. o~u ~ D: ~ eddroes dl(hrent from item i ~ ^ Yee h YES. errtet deNvery eddrose below: ~ No ~a-J. ~ 11~4r;,s t~l.o~ S,luier.SprJ,~ Wa/- irt,~.-/ tee/ ~ /,e+S~ ~-s. ~f~ c:ertlned ill ^ Express Mai! ~ F/o„xrs b~ • ~ o Reax„ Receipt ror NAerottendise M'l ~c~isen : ca b ~ p/~ I ~'D o lr,au~sd M.u o c.aD. 4. Readtpted Delivery? (Extra Fe/) p Yee 2. Amble NumBer . rn•~ao--r ~e ~ 7f~1 /3.sz? t~0¢,3 7 a ~'G ~/G 7 PS Form 3811, February 2004 DortiesNo Return Receipt ~` ,o2~ea-oi-~-~ 6,a ,;{~ -.- ,. -., UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS ~ Pe/rztit No. G10 • Sender: Please print your name, address, ar+4~"„~a th • z m ~~ o 'c ''- r- ~ r ~_" o ~~ o° r z --a Ca < a I~ x+ ~ Cn~ERL ~ a 3 ~ -t-- i'"7 -r- AND COI~1'~~~ UMB C ONE COURTHOUSE iti~lAflE. iTEil~ ~ c~ r.? CAiiLli'tiLE. P!A 11013 -+ ca -- - , ..~ ,c 1,,,Iii, ~,11i,,,,,,lf„f f,,, i i,,, f 1, f, f„+f„I 1, i„1,1 ~,,, ~ 111 ~- ,;{. .~ ~. James H. Turner, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile ~h~turnerandoconnell.com '~ ~L.ED--~7"r IC's ~~- i ~~~~ F'rdrTr~1J~'~~T,~xr' ~~IZ PlOY 26 PM 3~ ?. 7 CUMBERLkND CUt1N~i ~' ~'£NIVSYLVAtd~A ROUTE 114 ASSOCIATES, Appellant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-6969 Civil ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, L.P. AND WAL-MART REAL ESTATE BUSINESS TRUST, Appellees LAND USE APPEAL PRAECIPE On behalf of Silver Spring Township Zoning Hearing Board, I hereby supplement the record in the above appeal with the following exhibits: (a) application for variance and letters from applicant; (b) Memo from Zoning Officer and proof of publication of hearing notice; (c) Objections of Route 114 Associates to Sam's East, Inc.'s Application; (d) Response to Objections of Route 114 Associates; (e) transcript of hearing. ames H. Turner, Esquire Solicitor for Silver Spring Township Zoning Hearing Board Certificate of Service I, Stacey A. Fogle, secretary in the law firm of Turner and O'Connell, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Timothy J. Nieman, Esquire Rhoads & Sinon LLP PO Box 1146 Harrisburg, PA 17108 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Tina Makoulian, Esquire Ballard Spahr 173 5 Market Street, S l S` Floor Philadelphia, PA 19103 Date: November O~ 2012 TOWNSHIP USE ONLY 7 VARIANCE N©: ~c~ 01 ~- ~ / ~c CHF.GK HERE FOR VAi2tAN(:E r1 CHEGK HERE fOR SPEGtAt_ EX('.t=PTll?fJ SPECIAL EXCEPTION NO: PARCEL NO: SILVER SPRING TOWNSHIP L -- - -- -- - 8FLOWERS DRIVE MECHANICSRIJRG, PA 1705{1 (7#?I 5J1~9(l67 APPLICATION 1=0R VARIANGEISPECIAL EKI/EPTION 81LVER SPRING T(31NNSNtP ZONINti NEARING t30ARb (Sect~n 604..4} GENERAL iNFQRN1ATiiN1 Name of Appkprn{s~: Sam's Fast, Inc. , an Arkansas CorporatlOn Address: 200{ SE 10'" Stn-6 BetttortvNltt, AR 72718-0660 Teieptwno 6: _,1478 7.8878 _ _ _ _ _ Application Dade; 8118112 Name of Landowner of t;ecotd; ,~Sityer Spring f3mrolopmont, LP IOsvstoper"a parrrefl 8 __Wal~rr~art Real,'~stste euainara Tri-et t1NAlrr~rrt psiirnstl Subyect Property Addrflss~ Cadiste Pike autd Holiostowa Road Sub~ct Property 7_one: C-2 Cgt»rgWlitq Ga!rrttrtercitAi Rcquestad veriar>oe{s}and Secllon Nos. IiIA valtn~e to permit the enltttgtnrtNtt of.n dirwertslonsi rtonootiormky ~8Re1We ti03~, or in the stOsrnatiMe >t vttritntco tram rho ataucimum iot camoragv I;SasBion ~2t1.~1; 131 A tratitintti to pt:rmit a t6tsi of 7 hum signs;Bnctldn sta.a);-and ,~ A wrrl~tnee to pertr~t a tote of i8 gas fi~eYa`n rn1~lt~el einne fAnwihn 1l4 'l1 Sns )ha ~~.~M.1 Name od repn*sErilaNvts or ant: Bt-Nard Stsshr, e1o Tins Nlaicoulfsn ('hone ak: {213'1 1164.11713 -___----____-- AAdress: 1736 ____Stretr~ ii" Floor,.PhNsAiitphta, PA19t03-T~8 ~ITIONAL REflUiREJAIENTS tltr3ude 13 conies of each a the tollowNtal~ ® 1. A written cie8otipflorf of.8te purposed use in suftickxn datall to domanstralo compNanoo wllh ,~ of {hose criteria listed in 3ectiptl ~tA of tint 7.0~ (>7dinartoe: (~ 2. A $cal~ei ails plan with sulfir~t detafi and acburacy to dopld rho nature of rho rcquast. and relied its relationship with adjanitg proDertiee. ertd Ihetr Nnprovetnertis: ^ 3. For use arauiantxs, ~t wridtert report end spied eke plan domanslrallr~ compBance tiv)th a!1 apprtt~bte pro+~isiona of the .Zoning OMirtenoe the fitlowktg: ^ A. The torts tnquhamottls in whitlt the rait3grld prbpnrty is tocalad {a,g_, smacks, fat ~roa, bt wbENh, Pot ooversge, ~ds~n9+4tc.Y, s+tit, ^ B. Ttte Gorycral PronAslors roquiriiutteirt esled k~ ArdiC:ler 3 nl flueLOrYrug {3rdhtarticc (rs.g., vetuicular aoaess. off-street pig arrd toadlrtg signs, rcrosning.antl itatdscapir-8, etc.:). ^ C. EaGft wi~ths GsnrarBtCritgr'ur Fsfed ix~ SeCI&N-Bti#,3.2 cd the Zo-ung Ordinanco FEES t The hearing fee is ~4001T0 pircsuant W SocUart B[f3. i .2 0l ihn 'Lunkn~ t)rAfnanc»- 2 The applicant shah twe t~attuiogp tp pay eft pHblic no1;Ce and adv~erilsing costs tss specified in Secibn -843.1.2. M thud Zar-kUtg Ordinance. 3_ Tdn applicant shat{ pay far orae-Bali (1121 of qutp stenographer's appearance fee as specified to $tl+.liorr 6(I:i,7 ~i the ;toning OrdMance_ the irtformatiarr3t8-rrdttrxt in accflrdance vrlth this appticaton is corrrrct, and I fud agrcc to pay for Ihose r:osts outlined nay ------ AttaChed owner Authorization Letter #or this application TOWNSHIP USE ONLY ADMItV18TRAT10N Daie App~caGon Hooepled: Total Costs: Dates Advertised (two sucoassi~e weeks na more than 3t) and no less than 7 days prior to h$aring): Property pasting {no less than ona w9ek prior l0 hesiring)_ Date of Hearing {within $0 days of appllcadon): Oete of Decis6on {within d5 days of Last hsarhigy: Chairman t/1ee-Chairman Secretary SH(IFFI Sam's 1~.~etit, Inc. ("Sam's) praposcs the removal of the former T..o~ve's retail start in the 5ih~er Springs Cammans Shcapping (:c-:Hier (tltc "Shappi~~g C'cnter"} and replacing it ~vid~ a Sam's Club store. 'I'lie proposed Sam's Club store evi11 contain 13fi,3fi7 square feet of sales floor area Gar use: as a mcrnbers-only shopping club. In addition, Sam': is proposing the installation of a gas fueling area Iny- mernbcrs only which would consist of six (G) fueli~~g pumps and a kiosk covered by a canopy. 1n order tc~ lx:~~nit the. proposed rcdcvclopment, Sam's respeclferlly rcgttcsts that the Zoni~~g Bearing Rnard grant the l~llc»ving variances: l . A variance from Seetit~n 503.2 to pcruut the enlargement of a dimensional nonconformity, i.e., lot coverage, or in the alternative a variance frog; Section 211.$ frt~tn the maximum pcrr~~ittcd lot coverage; 2. A variance from Secticm 313..3 to permit a total of seven (7) building signs can the prxmostd Sam's t_:lub build`uig; and 3. A variance from S~ctian 313:3 io pe;r-mit a tott~l of sixteen (1C,} signs (four (4) can the canopy and twelve (13) on the purnps~ related to the gr~ fuc;ling area. In support of the requested variances, Sarn's avers as follows: I . "1'lic Lowc's store has. been vacant for several years. 'I`hc owner of the Shopping C:enler has been unsuccessful iu its attempts to replace t.Uwe's as a tenant. `i1ic earryutg of such a large empty space iinposcs a fiuanciai hardship on the owner el'the Shnpping Center and the other retail tenAnis. 2. The Shrypping Ce;ntcr is currently legally nonconforming with respect to lot coverage, having a tat coverage caI' eighty-#ivC percent (85"~0). The proposed Sam's development would increase tl~e lot coverage by lets than one (1) portent, to eighty-five and eight tenths portent ($5.$"la). Accordingly, Sam's is seeking a variance from Section SU3.? to J~ermil thiti minor cnlargcutcnt of the lot coverage aipnrtmt'trrn-+ity, Reoauso the increase in lot coverage is only eight tcntlts of one (1) percent, this is a de ntini~nus variance that should be .granted u~ order to permit the redevclc~}~mcnt of the site. In the.alternative, Sr~rn's seeks a variance from the maxirntrm lot coverage ol'sixty percent (6I~°lo~ inquired by Section 21 l .$ at'the "Coning Ordinance. 'I~is variance is necessary in ruder tee configure the Sam's Club stone to meet Sam's lrragr+arnmatic needs and provide adequate parking for custotners_ 3. Sam's is seeking a variance Pram Seclinn 3 ! 3.3, which iuiuts anchor tenant si{,nis tc> cane (I) sign per side #'acu3g a street, with a maximum al'twc~ (2) :signs. Sam's proposes a total of seven (?) signs un tltc building, liowcver, only two (~) ol'the seven (7) signs contain "Sam's Club" tivith its lv~;o. The ntlter live: (5) signs arc directional and informational in nature, such fts vestibule entry and exit signs. 'fl~ese ~tdditic~nal signs arc needed to provide infonnalion tc~ cuscc~ener~ an~i to direct customers to the appropriate area of the building. "1'hc total square footage of~ali seven (7) signs ix wail bclo~v tlYC maximum square footage that i lx>>7nittcd if Sam's were to have only one or lwc~ larger signs. DMEAST if15514775 v1 _}. Sam's seeks a variance 1'roln Section 31:3.3, \VlTlcll llnlltti ni)TT-anchUl` St~,nti for principal free-sta»dutg uses to two (2) suns per principal use. Sam's proposes a total of sixteen { 16) signs in the Kas 1'ucling area. 1=aur (4) of the signs, which consist of "Satu's (:lob" with it,~ lotu, wi}} k)e located OT1 each side vt' the canc)py over the gas 1'uclinK arcs. Since thr; gas fitelictg area is centrally Located in the Shopping Center, these signs are necessary to direct Sam's C:hib ntcmbers to that arcs. The other signs contain "Sam's Crib" with its logo and aT•e located c)n cftch Sidi: of each c~fihc six {b) fitcl pumps. '1'1Tis sort of signAgc is typical at gas stations and amsistent with Sam's branding policy. S. The requested v:irianci:.5a it'aut}torizcd, will not alter tltc essential cliaractcr c)l' the lone or neighbi)rhiind in which the ShnppirTg r:=nt~:r is lix;atecl, nor substantia!!y ar permanently impair the appropriate use or development ufttdjacent property. The Shc)ppinK t_'cnter is an existuig retail shopping center which has beets operatirtg far $ppraxitnately twenty {2U) years. 1'hc proposed Seta's development replaces a former retail tenant {love's) with a new ritail tenant. The use remains a retail use and no additional land is 'being added to the Shopping renter, Thee li~rmer i.n~ai:'s building and tiu. proposed Sarn's Club building. contain approxiintTtely the same amount of sales hoar area, will 1>e ltx:atedsn the same general location, and the parkutg fields and layout will remain consistent with what existti titday. 7'herelitre, the proposed Sam's Club stare is in keeping with the existing character oFthe Shopping Center anti tltc ncighbarho~d. G. The retluested variances, if authorized, will not be detrimental til the public welfare, but to the contrary, will allow the ptrodttctive reuse of a store that l>las sat vacant fctr si:vi~t•til years and .provide another shopping alternative for r+vsdents of the Township. The Sam'4 llevelnpment will. create wnsiruction jobs and the Sam's Club store will ctnlslay approximately twc~ hundT•ed (2t}4~};people t~nce it is op~nt;d. Tltorcfore, t#io J~ro~t~sctl developtnenl will be beneficial to tiTe owner of the Shipping Center, the other rttuil tenants within the Shopping. Center, and -the Township as s whole. 7. The retlttested variances, il"ttuthorirxd, will rcpre.~;eTTt the minirtTUm variance that will-afford relief anal. the least. modification possible of the sections cst'the 7.oning tJrdinat><ce cited above. 'Saw's lies provided the minimum tlluntber of parking s}~aces that it believes is nc*ccssary and the minimum number of signs for the viable operation of the store and gas fileling area, l~or all of the ri;asnns cited above, Sam's respectfully rc~ucsts-that the variances be granted. i>t~~~l n15~Ta~~a vl 2 !"if :,5 ~ yl _, . - ! I ~` THE Realty VIA UPS OVIrRN1CHT August 10, 2012 Sih-er Spring 7owrnship 8 Flowers flrive Msoh~nlcsburg, PA 17050 Re: Mechanhsburg Ssm's Cinb Ta Wham H May Cvru~em: Ths rs~ne~d, o~nnter of ~ pa~rt~el In the Silver Sprl~gs Cwnmon Shapphg Ceraer bcafed vn C~lisle PNte betwee» Ho~eatvwn Road ~ Silver prfire, h~arobjr suthorlaes Sam's East, lna to file ~ ~~ to the Sher ~~ Tawr~p 7 Hq~j eoand kr any coning ro~fi t+ec~irod In cflnnsctlon w#Ifi the aawelopnnsnt of a Sam's Club Stuns encl aisadatsd gas fusling`aroa in the stwp~ping career. Thank you for your cona[deraean. THE MA1~AOl~MENT, INC. T'~ - as ag~tt~ Silver Sprlrtg t~evebpmerrt, L.P. ATBMd ~~~~i~+ Account N t?Et: PASILV~RS 27948 30H LER ENGIh~E~'BIMG, INC. •' f'LCASC G[TACr I AND RETAIN FOR YOUR RECORL?S MI ~ ~ ~~~ ~ ~ * M Ci208102012 8/10/2012 5782 400.04 11(~;~ ± ~: ltiit \/~id- 7 TOTAL- -----------------~--------- 400:00 BOHLER ENGINEERING, INC ~ Bank 27848 1600 MANOR OfitYk, SUITF. 200 ,4f,,,,,,,,,R~,,,,,,~MN, CIIALFONT, r'A 18J34 {;?15} 9;14.8100 s~rao!+rA 8/10/209 2 PAY +RrAAARAi3AffA;AAfA11l1*11AAA,l~UV C7L)L~AiiSANCI •rAAAf:a.r:~~ GENT TO THE Silver Spring Township ORi)Eri {}E ., Pa us Wr~Ft rr'0 ~ 79~.8p' i:~ 36DO L80B~: 36 0 5ti ~ 5 5 8-r' ~~. 0794$ ~ AAAAAAI1AtAAAA:~dO0.00 Vt~i[5 AFTER 1 AQ BAYS ____ _ t~ • w ~! CHL't:X ItEG'Lrll'7'1•~UItM Please Sign & Return (by Fax or Niail~ To Fax# or Add~•ess Noted Below. PAYABLE TO: PtTRPOSE: 1'1tUJEt_"1': Silvcr Spri~~~ Ta~vnship HcHring Frr for Variance Sam's Club- Mecl~anicsbur,~ CHECK AMOUNT: 5400.00 CHECK NUMBER: ~"~ BEI Ntl.: Plit11K1 CHUCK DATE: ! i C. `°r' ~ 1~ ~. CHECK REC:EIVFD BY: _ {Signature} DATE: ~ ~~-/ Shanld yon have aa} qucationx or ranccrns with ir,Rard to the package and chcrk submitted to your roml~anty, Tease cvatuct: John Honiick or Jennilcr C,radcl Phcntt:: (315) 996-9100 Picric sign and rcta~rn clticck r~occipt to: Bvhlcr E~~inccring, lnc. Ne~v Britain Carlx~rate {.;enter 16i~U Munc~r Drive, Suite 20a Chalfont, Pa t~~l~ rax: (2~S)~~~-~i02 Aticniion; Rc~~c Scltankwcilcr C ~U~cusircnts s~~d Scttiogs5rsmitMLocai Scttio~~iTcmpardry Intcrtacl Fi1c~rCoocciq:[aglcoktiy~S~F]{F'X`cl~eck meipl:dcw ~' , F x s a:nrrr,n _.k on ~:~~ ;.._ l~~t. '~, %~i11 _ 14r~`r~ ~ y i r y / ~ i Iii-lff~l I(fIQ: L. .ly. ? j.. 2if12 2.rJ~~'~JI r i~ ~ Yar,; K~= ~rt~e~ Gflst n~ ~pn ~'e ~zj k~:ul' ?icai Ser>t ------------------- ----------------- ~!"~~ N1~ronry `Y, 1?1i99b91(12 1 L}K R.. ,~,, lI.C, _, t) Hdnr. al= v~ I~ne to=1 E. 37 busy __. i) ko an sv t.' ~. 4) h'.= f„, ,, rm f e ~onnel ~cr ~) ~>stec~ed mex_ L mal _,. 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O rZ K C7 !1 n^~ s 7C ~ 9~ ro ~ ~' v •J ^ ~ O w w r~ z O o 3 °° m w A d G a d "' o a X a ~ n 0 0 p ~. m t~;+ ~` f~ c. a t~ a N ~_ N ~ s "` m '~ ~ 'j~~~7 ~• CY ~3 o n ~ m ro Ul W Ih fR Sf1 n~^^^ ~ z z ~ ~ Q O ~ L1 D n ru m '~ 0 X v ~ m O m c'x N 7 S a Q m a '11 c m A~ O E b ie m u UI N t/+ Vr uU~_il i zZZZ h U O U n^Q^ '~{F~ ~~ BOH LER I`~, ( I l~r I ~ C ,1 New Nrllailr Corporals Csnier tCi0O blannr drive, SrriYs 200 Chalfont, PJ1 )1:914 ra+rut~t 29'~.441;.91C)tl /~UgIISt 13, 2412 Via Fed Ex Silver Spring Township Plovers Urive Mechanicsl''1-rg, i'A 171150 Attelltian: Theresa Eberly Township Manager Rc: 1'rop+nscd Sam's Club Silver Springy Commons Shopping Centl~r b520 Carlisle Pike, Mechanicsburg Silver Spring Township Cumberland County, PA t3E1 tJ: P l l Ol 81 1?ear Theresa: 9r I f',' { Un behalf of the Appllcattt, Sam's F,asl, inc., att Arkansas f=oprorrtion; 13nhlcr Et~ineering is hereby submitting an application for variances. Gnck3sed please ~:lcl the following:. • Thirteen (13) .copies of the Application fnr Vhriatme, dated S/It)/12, wish (.honer AtadtorizAiiun letter and »zitten description of ptx;~cct attached, • Thirteen { 13) copies aftheZt~ning Pian, dated $/13!12, sheet U I , • Thirteen (13) copies of the Cxh~its for Signage, dated .luly 10, 2012. • Thirteen (l3) capieg pf list of adjoining p<~>!erty rnvners with exhibit snap attached, dated li/1;1!12. * ()ne{ 1) check (l~~'l948) nr the arnoullt of ~4t?0:00 made payable to 5lvcr Spring Township, riy way of this sttbmissiat, we hereby request to be included in the September ] 0'°, 20 l2 Zoning 1 fearing t3+c)alx) Meting Aglatda. Should you have any questions br squire any additional information, plea.4a do not hesitate lu contact out' office. Sinccrcly, l3~HLrR.ENGINFF.RTNG, IlNC:. Adam S. nosky, lt.l Princprl enc. cc: Pci+er Clement, Satu's Club Tina Makoullan, Ballard Spahr ~luu~ V-1II~P118181YL 'presPOOdcncMlToxrubq,t P11D181_2011-Q~R.1.1-L VulmroeS,r6n~issata,doc OINEIt OEFItE LOCATIONS: •'sn11111 r1o rtiptt+rlt, 1"1 f4 w l~lltd Nia+, Il"{ • ~{lYrr1:011kpfil.f_ IIY • 1rlalrPfl, tl.l • I,wtil Ff Va11 P1~, 9'h • 1')r ll dAlfT1~~1Id, Fn ~OR.r>134.99nrV 518.,-tt,99ihU r;rt.liR.ltn(t vi]R.GG2t.83011 G10.T0±~.9JTi 767.41}f.141)(/ * To.;s+~tt, 1.1D • Ro+eie, tail « tilt•rlitiy. V~1 + 1'IJtrcnlutt, V,'r ~ fat[ tauderdal~. FI + larn~a, rl <, sdi.R, i !n<~~: tDL,'>f14.GSS7t) ;n7, 7t1'~ w~lar, ~>LU.14q _Gti110 9af.70Z lr}Of± 813.379.5100 tt4rr ntru t.rlltSUtI1Nt; I.NGINECRS PROJECT h1At1AGER5 SURVEYORS ~ ENV1RONf1FMin~ rul~w4itlANt~i ir~.rruSra~~r AYt.rrlrltl°, www,eohlerEngineering.com '1J~'almar~ C~V4! t13lLt1 N~. r IYE i,4ttNr, F~~a~ Est~t~ Dart7sl Matlary- Vier President of Raet Estate August 10, 2D'12 Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 1705U Re: Variance Application for Sam's East, lnc. Dear SirlMadam~ ~aot sE ta" s><eec f3e~1anW1~ Aft T~7i8 t)a~le?.fita!tt3ryQ~wal-inert coin The undersigned, owner of a parcel in the Silver Springs CammQn Shr3pping Center located an Car~sle Pie betrvee~ Hogea~v-m Road and Silver Drive, hereby aathQrizes Sam's East, Inc:. to file an application to the Sliver Spring Township Zoning Hearing Board for ady zoning rr regt,ired in cxannection w~h the develc~tipm®nt of a Sam's Club Stnre and associated gas fueling area in the shopping center. sincerely. Wal-Mad Ftea1 Estate. Business Trust, a :Delaware statutory mist ~--_. __ _. f , f, By. Its V ! ~idoa+,tat'fstate APPT.~TCATInN F()R VARIANCE BY SAM'S CAST, INC. SILVLIZ SPnTNC~ CCaMiVfONS SIiOPPTl~itti Ci~,NTF.R Sam's Edst; lnt;. ("Sam'$) pra~pascs ittc rciuovai of tlic fonuer Lowc's retail store i~~ the Silver Springs CUmmons Shopping Center (the "Shopping C:enitr"} and replacing, it with a Sam's Chub store. The proposed Sam's Club strn•e will ccmtain 131,307 square feel of sales fluor arcs for use as a members-only shopping club. !n addition, .Sam's is proposnxg the anstallatlnn of a g~is fueling arcs for incrnbcrs only which would consist of six (6) fiteling ptunps And a kiosk covered by a canopy. In order to prrinit tlyc proposed redevclapincait, Sam's respectfizlly requests that the 7.nning Hettring t3oard grant the tisllowittg variances: 1. A variance from Section SU3:2 to permit the ctilargenient of A dimensional nonc(mfi~rmity, i.e., list coverage, ar in the ~tltcrnativc a variance from Section 2i 1.1; from tlic maximum permitted last usverai;e; 2. ~ variance from Section 313.3 to prxsnit a total of seven (7) lxriiding signs on the pr(~posed Sam's Club building; and 3. A variance from Section313.3 to permit a total of sixteen (l ~) sig(is (four (4) on the canopy and twelve (12) on the pumps) related to the gas fticing arcs. In support of the requested variances, Sam's avers as follows: l . The Lowe's store has been vacant for sevet~al years. The owner of the Shopping C:enicr has been wisuc~cssftil in its attempts to replace Lowe's as a UerlRnt. The carrying of such a large cinpt~ space imposes a financial hardship on the owner of the Shopping Ccntcr and tlx: other retail tenants. 2. 'The Shopping :enter is eturently l~egatly nonc~onforrning with resl~eet tcs lot coverage, having a lot coverage of +~gltty-fire percent (8~%©). T'he proposed Sam's development would increase the lot covc.~agc by less than one (1) percent, to eighty-five and eight tenths percent (13.5.8°10). Accordingly, Sam's is seeking a variance from Section 503..2 to p(.~-mit this minor cnjarsncnt isf the lot covs~•agc nonconformity. 13ccausc the increase in lot coverdye is only eight tenths of cane (1) percent, this is a de mrnirn~s ~rariancc that should be granted in order to permit th,e redevelopment raf the rile. Ira the altemativc, Sam's seeks a variance fr~n the nsaximutn lot eQVerage of sixty peix:ent (G(1%) i-eciuii•ecl by S~.~iirsn 211.8 of'the Zoning Ordinance. This variance is necessary in order to configure the S~~m's (',luh titnre t(s meet Sam's programmatic needs and pro~nde adequAte parking for customers. 3. Sam's is seeking A yarauce from fiection 313.3, which limits anchcsr tenant signs to one (1) sign per side facing a street, with a m irnum of two (2) signs. Sam's psYSpc~ses a total of oven (~} signs on the building, h~wcvcr, only two (2) of the. seven (~) signs contain "St:m's C.'lub" with iLs log(. Tl~e nlher five (S) signs are directi(ynai anti informational in nature, such as vestibule. entry and exit signs, These additional sums ~tre needed ks prtsvide infannaticm to customers acid to direct custoinrxs to the appropria#e area of the building-. The l(>tal square fixatage of all seven (7) signs is well be;l(7~v the maxinnun square footage that is permitted if Sam's were to have only one or two larger signs. DMEAST ~I1 SS70775 v7 4. Sam's seeks a variance froru Section 31:3.3, ~~+ltieh limits rtott-anchor signs for principal free-starldirtg uses to two (2) sighs per principa! use. Sara's proposes a total of sixteen (Ili) signs in the gas fitcling area. Four (4j afthc signs, which consist cif'"Barn's Cluh" with iL~ }ogo, will be lncateei on each side csf the cane~p}' ever the gas fuelint; area. Since the gas iucling area is centrally located in the a~hoppirtg Center, these signs are trecessaay to direct .Sam's Club mettibers to that area. The other signs contain "Sam's Club" with its logo and are located on each side of each of tlrc six (6) fuel pumps. '1'ltis sort of sigtragc is typical at gas stations acid cortsistcrtt with Sara's branding policy. 5. '1"hc requested variances, if autltorizcd, will not alter the cssentai clraractcr of the zone or neighborhood in which the Shop}ping Center is located, ticyr suhstanntially or permartcntly impair the appropriate use or de~~elnprnent e~f ~tljacent properly. The Shr~pping, Ccnte;r is an existing retail she~ppnig enter which has been. e~per~rling for• approximately twenty (2(l) years. The propc~setl Sam's development replaces a fvrn3er retail tenant (T.owe's) with x new retail tenant. The use remains a retail use and no additional land is being added to the Shopping Center. The former Love's building and the proposed Sam's Club building contain approximate!?+ the same amount of sales floor-area, will be located in the seine generalloeation, Rtld the parkuig fields attd iayottt Will rcmarn consrStcIrt With W~tat exrsts today. 'l~crcforc, the proposed Sam's Club stark is in lcecping with the existing character of"the Shopping Ccrstcr and the ncighbc>rhood. +~. 'l`lte requested variances, if authorized, will not be detrimental to the pi~Ulic Welfare, but to the contrary, trill allow the productive reuse ofa store that has sat vacant for several years artd provide another shopping alternative for residtmts of the 't'ownship. 1'hc Sam's development will erratc construction. jobs and the Sam's Club store will employ approximately twc- hundred (200) pcopic arirc it is o~cncd. Therefore, the proposed development will be beneficial to the owner ot'ihe She~ppirtg Center, the ether retail t~:nanLti within the: Bhoppn~, C.entcr, end the To~vnslrip a`ti a wht:le. 7. '1'hc i}cqucstcd variances, if autttorizcd, will rcpresCnt tltc rninirnunt variance that will afford relief end the !cast modification possible of the se~e:tions of the 'Coning Urdiriancc cited above. -Sam's has provider! ih~ minimum nunabcr of'}~arking spaces that it believes is neccssde-y and the sninimun~ number of signs Iin• the viable. cape ~ti~n of the store and ~aS ftrL'11nt+ area. l~or alt ofthc: rcascrns cited above, Sam's respc:ctiully rerluests that the: varian~e;s be ~t•`axaled. t~t~tr--asi #rs~ro~~~~, Z LARRY D. CRAIGHEAD, Architect 211 N. Record Street, Suite 772, Dalias, Texas 75202 ?.]4.749.0626 Icraighead~rhaaia.rom PROFESSIONAL EXPERIENCE • Registered architec# with more than 30 years experience providing professional services in building design, entitlement, preparation of construction documents, and construction administration. • Architectural consultant to WalmartjSam's Clubs for 20 years. • For the last 15 years held the responsibility of maintaining the Sam's Club prototype construction documents. • Provide full architectural services to Sam's Club for all new Sam's Club projects constructed through out the United States. Involved with aver 3flt) Sam's Gub projects, including 6 completed Sam's Clubs in the State of Pennsylvania. REGISTRATiQ~1S/CERTIFiCATI OINS • t?b#ained first state registration in 19$7. Currently registered in 29 states. Obtained Pennsylvania registration in 1992. • NCARB Certified (National Council of Architectural Registration t3aard) PROFESSIONAL ORGANIZATIONS = Americam Institute of Architects (AIA) • Texas Society of:Architects (TSAR • construction Specifjcation Institute (CSI) • International Code Council ~ICC) EDUCATION • 8acheior crf Architecture Degree, University of Tennessee (Knoxville), 1982. COMPLETED SAM'S CLUB PROEICTS IN PENIUSYLVANiA • Pittsburgh, RAlf5678 • Frazer, PA 1f4'952 • Hatboro, PA i'Ififi76 • Butler, PA #41ii59 Greensburg, PA #4847 • 1Nest MiffNn, PA ft667p PRINCIPAL BOHLER ENGINEERING, iNC. - 2D03-Present Choi#ont, Pennsylvania Adam is a Principal of Kohler Engineering, Int.'s Pennsylvania Branch Offices. He is primarily res~ns~le for a variety of projects beginning with feasibility studies. followed by conceptual design phase then proceeding io the generation of construction drawings and cost-estimating. Projects include Large Scale Commerr~ai t]evelvpmeM, EnrirartmeMal Planning, Recreation Planning, Site Plans, Campus Punning, P>aning Plans and urban redevetoprnent projects. Adam currently manages a team of approximately twenly-five employees including professianat engineers, landscape architects, end support i3'te~f, fn additux-, Adam services as an account manager for severs of t3ohter's urgent corporate accounts. Speck tasks inGude doi3ign of projects in accordance w~h municipal land use ordinances, County, and State regulations, team management, txldget supervision, and deveiopmertit of project proposau/coMracu. production of drawings including grading plans, landscape, puns, and details as well as specihc~ians. Mr. Bec~osicy has over i9 years of experience in Land Development with in the stye of Pennsylvania, New Jersey and Delaware. Other areas of expertise include, Landscape Architecture, r~r-struction management and administration, project permitting, environmental conservation and restoration, zoning and subdivision/und .development ordinance review/interpretation and lighting-photometric studies/designs THE REYNOLDS GROUP, INC. -1888-20D3 Raritan, New dersey/Yardtey, Pennsyhania Senipr Prajeot Manager generatty responsible for a variety of land development projects beginning v~th leasib~ity studies, followed by conceptualdesign phasethen praceedingtotheganera#ian ofconstruction drawings and cost-estimating. Projects include Envronmental Punning, Recreation Punning, Site Plans, Campus: Pla~rning, Planting Plans, Specific tasks include design of projects in accordance with municipal land use ordinances, County, and Sim regcdations, #eam managemen# and budget supervision, devebpment of project proposals. Production of drawings including grading plans, undscape puns, and details as well as specifications. Expert testimony throughout the state of PA and NJ, as required. ~c~H ~~ F x c r n r' r u i n r ASSOCIATE, SENIOR PROJECT MANAGER DERCK 8 EDSON ASSOCIATES, LLP-1993-1998 Lititz, Penmsytvania Integral part of the Landscape ArcibtecturaU Civi Engineering design studio. Respansitate for a variety al prgects beginning at the cartceptual design phase, through ~nstructian drawings- and into construction observation. Projects included: Pubfic Schaols, Colleges, Parks, Churches, Environmental Planning and Retirement Carnmunities Studio Manager January 1997 -August 1998 Responsible for the coordination of a number of projects For client management drawing production, project quality and wst control, specification production, and drawing review. In addition, duties included development of project proposals, municipal presentations, project scheduling, and ultimata clfiant satisfaction. Project Manager November 1996 -January 1997 Aanagement of Land development end Construction ProjeGs; Dallas included preparation of praect proposals, schedules, propel administration, client contacts, public presentations, coordination of drawing productior-, specificat-on preparation, ancf construction observation. Protect l.anslscape Architect September 1993 -November 1995 Performed a wide range of duties including preparation of conshuction and land development packages, cost estimating, presentation drawings, corfsultant r,,oordination, and zoning/land devek~rrnent research. THE REYtVOL.DS GROUP, INC. SUMMER 1882 Raritan Ni3W Jersey Assistant Landscape Arr~jtect. Metnper.ot design team responsif>fie br preparation of land deve#ppmer-t and construction plaits and dorxrrnertis. Pre-design phase {ieasibitily studies) includint site im+estigations, zoning determinations acrd land. use pollees. RELATED 1NORK EXPERIENCE GLADSTQNE DE81GN- St}MMER 1991 Gladstone N~iar Jersey Assistant to Landscape Architect. Respons~le for the preparation of site inventory and analysis, conceptual pleats, Dolor rrrnderings. planting plans, gradir~ plans and detaus for RW_,Johnson Pharmaceutical Research Institute. Aimed in preparation of specifications and contract documents. JOHNSON ENGINEERING, INC. -SUMMER 1989!1990 Somerville New Jersey Assistant to Laruiscapa Architect, Duties involved field survey wont, development of Inventory and analysis of plans, schematic master planning, preparation o/ grading plans and Dolor renderings for site devaiapmertti and rBCrea4onal bcitittes_ JOHNSON I~If31NEERING, INC. -SUMMER l987f'1988 Rodman on a survey crew EXPERT TESTII9JlONY On behalf of numerous dierUS in Pennsylvar>aa and New Jersey, Adam has testi#~d before Plertrdng Commissions, Board.. of Supervisors, Zoning Hearing Boards and related municipal entitles, In over 5(l different municgpsGlies. r. , r~ fir ~ ` ~!. ~y `~r ~ f,F ~' ~ ~ S ~-~ I I y ~ ~ ~ ' "SU8URl3AId SER'EN{TY WiTH URBAN PROXIMITY" Mary Lnu Pierce-Mct.ain, Chairman Nancy Konhaus Griffie, Vice Chairman Vincent T. DiFi{ippo ©avid R. Lenker, It Nathan T. Spade Memo August 31, 2072 To: Zoning Hearing Board Frorn: David Benoist; Zoning Officer Ref: Variance 2012-7 =Sam'e Club -Carlisle Pike and Hogestown Road Please be advised of kne application to be presented to the Board during our S>rptember 1flth, 2012 -Zoning Hearing Board meeting - 6 pm. Applicant is requesting a Variance #a permit the enlargen-fni of a dimensional rwncpnrtormty {Section 503:2), or in thra alternative,. a variance from the maximum lot coverage (Section 3'13.3); and a variance to permif a total ofi 16 gasfueiing related signs (Section 393.3j. The-above application has been submitted pursuant to Section fi04 of the Sher Spring Township Zoning Ordinance. All interested parties are encouraged to attend this gearing. Sincerely David Benoist Zoning Officer Cc: Mr. James Turner; Esq,-Board Solicitor Chairman -Mary Lou Pierce-McLain Vice Chairman -Nancy Konhaus Griffie Vincent T. DiFilippo David R. Lenker, II Nathan T. Spade 9fLQ?!C#iSOfWL I F.tE~itiM1+++t:StltNG ~ pkM(SYIVIWIA 1lCt:.U F'HU'tl lIP 1C{t Utltl I tt7f /t! Ri!s tti!!+_ 1'1~I7G1~+' t~~+~ 1'LJ~3LIGATIt)1~1 .~itA1L n1'PCt1ir5)'IVAtri~, t-~cr~urria~ oft'.urnkx:rlaruci Jackie Cox, Sales Urertor, of 'I'lte Sentinel, oI the C:nunt}~ anti Stag aforesaid, beirt~ dul}, sr~~orn, clepcrses and says that'I'H1r SIN'l'INII., a netvslralrer crf general rirr~ulatian in the Barorrgh of Carlisle, C_ount~ and Stale aforesaid, teas established f?erernlrer -13rr~,1881, Sutcc t~~hich date'I'Hl: S~N7'IN~L Iras been rpputarly issued in saki County, and drat the pruttccl notice or publlCalln2r attadled lreretcr I.S P.Xc'rCt1~ tlrP..ric'rrr1P. aS tvaS 1)rirrtPd and pubiishr~i ut the reg,~rlar editions and issues n( THE SEA?TINEL on the fnltot~ring ci~iy(s): p/ yi ~, _~~ August 23 & 8t1, X012 C'(~PV air NQTICE t~F PUBLICIII'ION Affiant further deposes that ltt/she is not interested in the sul~jertnuaitter oftlte aFcrrQ.sald notice or advertisement, and that alt allegatiarrs in the faregoiztg stat+entcnt as to time, pl~c-e and+citar~ter of prtblcation a rue. l ~/ r SK~u>iY tca and subs 'bcd crre me this Noiary I=trblir' My commission expucs: ~tt)rAR1AL sc ~lL ~. pAMt31 ANN HECKtNFa~f;Fi notary Ru~IIC CARl16LE BURt)li~it{. GUF."~f3F.R~.AtPf) Gtt7Y icy C~nunissian Expire; Jar. _',`, c'Ut n ~~k a~: N~~ .. t t ~s ~ O D ai 7rv7~, Y 'A~' ~g.~' o „~; GUNING I.1LA1t1~iG B©AIZD (lN SILVEK Sl'it1N{;i'i'OW~+'SIIII' Itt re: Sam's Lrast, Tnc. Application far VariNticc: >)ocket N'o. V2012-7 c~I3.T~GTION~S Ur RtiL1TE 114 ASSCCIATF„S Ti7 5AM'S >/AS i",1NC.'S APPLICATION Falt VAItIANCF. Rzn~te i 14 Associates, a Pennsylvania tin#itcd }k'trtncrship, by and throw. its undersigned attorneys, f ies this Answer to Sam's East, Int.'s Application tot• Variance, stating as loliows: i . Route 114 Assc~iates awns an apprnximatcly 2l acre parcel of land vNhich adjoins a portion of the northern boluidary of the land that is the ~vbjer-l oC the Application ~c~r Vari-ante and is afl~cted by the ApPiic;ation !'~r Variance at issue. Rouic l 14 Associates has standing to file these ()hjcctiotts and participate in any heAring related hereto. 2. On or abeul August. 14, 2012, Sam's Fast, lnc. ("Barn`s") filed its Application for Variance in which it rcquesis a "variance from Section X03.2 [of the Silver Spring To~mship Zoning Ordinauce {ihe "Zvninb Orciin~anc~e")Jt to permit the enlargen~nt of a dirnensionai ncmcnnfnrmity, i.c., lot coverage, or iri the ~attcrnati~-c a variance front Section Zi i.8 frflm the maxitnutn permitted lot cvtiferage." Satn's leaks to build a Sam's club whrehouse -store on the sic and rcxluit~es a dimensional variance to dti so. 4. Sam's t,`oncedcs that the ` ;Shopping Center is cui~•ently legally n~neonforming with respect to !ot coverage, having a lot cavcrage of eighty-five percent (85°~0)." Sam's Also concedes that the proposed Sam's Club develapment would increase the lot coverage. Sam's argues that the proposed increase in lot coverage i~; tle nr3nrmus and therefore the r~at7ancc should be granted. Alternatively, Sam's requests a vttrittnce to inc~~ease the ' tlnlc•~s uthcrwitic noted, "Sections" rifer to sections ofttie Zoning Ordiuante. Sb! 335.1 sixty prrcc°nt (6Q°!o) lc~t coverage requirement ccmtaincd at Sec[iort 211.8 to ciglity-five and sigh#- tenths percent {85.8%} that is required tc~ build the Sam's Club, •i'iicse rcqucs#s should be dcc~icd for various rcasoi~s, including those contained herein. fi. Silver Spring "t'o~s~~ship has made the legislative decision that nonconforming ciimensioraal extensio~~s -such as that requested by Stun's -shall not lie permitted. Article 5 c~1' the/.coring (hcii~~a~~ce addres.es nc~nconlrrrmities and clearly prohibits the variance requests made by Sam's. Specifically, Section 503.2 provides: "I~o extznsion or enlargement of a dimensional nonconformity shall be pcrnuttcd." tLmphasis added}. Accord'uigly, the Coning Ordinance specilically prohibits the dimerisiUnal nonconformity enlargement requested by Sam's and such request sliouid be dciiicd. 7. Assurning for the sake of argument that Sam's variirnre request is not absolutely barred by Section. 503.2, ~i#h respect to its request for a cie mini~~r~s variance, Sam's. bases its calculation ofil~e less than tine p'er~;ent (t%j variance on the existing n+~nconformity as apposed to the current sixty percent (60%) lot coverage codified in the wing Ordinance. Legally this is t11e incorrect mESth~nd by which such. a request should he mcasurecl. See ki~a~ aLoiiing ll~rrri~t 13oarc~ oftl~e ~ororrgh ofNazare-h, ~6 Pa. C'ainmw. 318, 321, 463 A.2d 505, S~6 (1983)(``'I'he do minimia cases have never used an existing disparity a51he pc~ini ut'dep~si~ture,"); uccw•d Lelvch v. Lonin~ Board of~4dj:tstnrerrt oftlre City ofl'rtlsbrrr~h, 13 A.3d 576, 582 tPa. Conunw. 2(J l l }(""1'hcic is authority, hotucver, for the view that the current zoning standard should be tlic base measurement far evaluating whether a requested variance is de mininris.). Here, using the correct measure,, the requested variance seeks to increase the lot coverage fraiv the 60°!° required. by Section 2l l .8 to 85.8% -- an almost St}°!o increase in the permitted maximum lot coverage. 2 `1°his clearly is not de ntininnr.-~, clearly violates llie letter and the spirit cal' the 7c~ning Ordinance and the rerluestecl vEU7ance should be denied. S. Since Sam's does not argue that increasing the list ctrvcr~rge from the current zoning requirement of 6t)~/o to the requested lc~i c:saverage t~('85.$% is clc »zininttrc -and assuming that Sam's variance request is nt~t barred Uy Section 5fl3,2 - Stuu's must establish the following elements to obtain a variance: a. au unnecessary ltardsltip stemming from unigttc physical characteristics or conditions wit l result if the variance is denied; U. because of Stich physical circumstances or eanditinrt, there is no possibility that the property can he deveit~ti in strict conformity wish the provisions of tiie r~tming ardinant:e aitd varituzce is necessary to enable the reasonable use of the property; c. the hartishi~~ has not been created by the applicant; d. gn-antin~ the variance will not alter the essential char~ctcr of the neighttanc~iod or be dctirizncntal to the public welfare; ar~d the variance sought is the uiuumutn variance that will afford relict: Cardcrmone a I3'hit~in '! n~vnrlrir ;l mi»g H~ectring ~3,vurcl, 771 A.~ l U3, 105 {Pa. Conunw. 2flt71 j(Citng 53 P.S. ~ 1910.2); rrccnrd Zonins ©rcliuttttce, ~ dfl4.4; 531'.S. ~ 109Ifl.2. V~ihilc. the regtwremcnts to obtain. a :dimensional variance are less stringent than lhvse required to obtain a use variance, "applicants for dimensional variances continue to carry the burden le demonstrate more than simply #hat the regulation impt~s~s a burden cn llte applicant's desired use of the property," iSclznnruker 1~. 7.c~nirzg Hearing Board of the Boroia~h oaf h'r~rzk~rn I'nrk, q94 ~1.2d 1196, 12fl2 (Pa. Gvnunw. 2fl1fl). Sam's is simply unable to meet these requirements. 3 9. Them arc tto utugtte physical characteristics on the site that mill cattsc an}• unnccessaryy hardship tc~ gam's. Rather, Sattt's alleged "harcltihil," stems nrit fi-nm some characteristic aT the property, but rather Sam's desired use of the propert}~. This is not a proper basis fc~r a varianec..See ? E~crger v.Lu~tntg 1lettri,7g 13rrur•cl r f the Oily Uf Alfer-!r„+~ri, `! 19 A.2d 595, 597 - 9R {Px. Contt~~~v. 201). Further, development along the Carlisle Pile continues and the Carlisle Pike remains a desirable location for such dcvcloptucnt. 'l'hcrc certainly arc uses to which the property can be put that comply with the 7aning ordinance. As such, the variance request should. be denied. 1(1. There is tiU evidence that the physical circumstances and condition of the property render it impassible to detirclnp tho prnperty in c:onfot•mity wiih /he 7.oning Urriinanee. The property is located in a busy commercial corridor. 1'hcrc arc ntuncrous ways that the property can be developed to comply with the Ini coverage reclun-emeni of the 7.uning Ordinrance. For example, the sine of the store coultl be reduced to couYply with the lot coverage requirements,3 11. rtn}r alleged hard.4hip was self unposed ~y Sam's desired use of`the prt~pert};not the lot cvverale requirement. A$ such, the variance request [Host be denied. ,See i.urduntUrre, 771 A,2d at 106. 12. T t' the variance is gt~tnted, it will alter the essential characteristic of the neighborhood and will be dctrimcntal to the public tiuelf'are, The 60°l¢ lol ca~~erag~ limit ~~xs enacted to prcmtect and reclaim green space at~d to provide a wore aesthetically pleasing commercial envirotunent. While it is tntc that the px~poscd Sam's Club is located in a busy cctnttt~rcial corridor, it is al5~r~ true that large potions of the surrounding properties arc either ~ An argument `that Sam's Clubs must bs of a certain size: and dutt~arxer are rnisplaccd anal arc not hropct•ly considered iu cotutection n~ith a variance request. See Yeugrr, 779 A.2d at 597 - 9${affinair~g trial cauri decision to deny variance request because, among other things, the hatdshi~ ~s create+d not by the pLysicat characterixtics of the property but rather by the building requirements of Land Rovet•.j. 4 ut2developed atad thus tvocaded tn' developed in tiuch a way that they cc7ntain trees and green space. Allowing the rcclucsted variance - which is iti direct ~~olation c)1' Secticm ~Q3.? -will frustrate the clear intention of the Silver Spring 'Township Board of Supervisors. 13. There is no evidence chat fire variance sc~u~ht is the minimum variance that will affi~rd relief, l~ut•tltcr, tht: caiculat.ions contained in the Application for Variance and included on the relevtuzt plans do not provide detailed explanations of ~t~hy the 1t7t coverage ratiU increased and ht)~v the ratites ~vetti calcttlatcd. 1~. 1t is believed that Sam's intends to subdivide i.c)t 2 shcywn on the plan submitted with the Applicat%oit to create a separate lot#o be purchased by the Applicant for the construction of the Saru's Club. Ii'sti, the plan submitted with the Ar}~lication docg not tncct the rcgttircment that it include a "scaled site plan wide sufficient detail and accuracy to depict the nature of the request, and ref]ect its relationship with adjoining properties, and their improvements." Further, there is no indication on the plan how a subdivision of the property would impact the coverage ratios and other requirements of tl~e 7.oning'Ordnance. l 5. 'l~tcLoning C)rdintutcc dacs not pcrniit combinutg lots to deternune lot coverage ratios. Satt~'s has failed to disclose the lot wverage on the individual lots. } 6. The proposed Sam's Club ictcludcs gas pumps. However, the proposed pumps arc located ttn property ray+mecl by Wal-Marl Real Estate Rusine.~.5 Trust. I~cspite this, the~•~ is nt~ atrtharization from that landoxmer for the variances requested, including, but nett limited to, the sign variances. 16. Route 114 Asstaciates reserves the right to t•aise additional issues and make additional argttmeuts in opposition to Sam's Application for Variance. WIII;It]/rUItC, Itoi~te 1I4 Associates respectfidl}~ requests that the Zoniai~ Itearin~ Board of Siltrcr Sprir3~ 'I'nivnship deny Sam's >Jast, liic.'s Application for Wariat~cc. RIIOADS &. SINON I,I_.P 13y~ Tirti~yU~y J. IVi a~ , i/squirc One South A~arket Square I'. O. IIox 114G Harrisburg, YA 1710f;-1146 (717) 233-57:11 Attorneys for Route 114 Associates G c~izTir~cA~r~: ol~~ s~xVic>~ I hereby ec~-tiiy that nn August 31, 2012, tree copies of Ilse foregoing document ~~-~as served by first class mail, postage prcpaicl, to tl~e fallowing: '1'iik~ Makaulian, F.sy. Ballard Spahr l 735 Market Street, ~ 1" FIoor Pl~ilaciclphia, 1'r~ 19103-7599 7 L,t.),i~1N(;. NEARING Bt)ARU Ulr SILVN R SPRiNf~ TnV~'NSHTP In re: Sxm's l+,x~t, Inc. Application for Vsriaucc: Docltet Ro. V2U12-'] E1~Tr~v ~r• AYPEAIttlhcli I{Dore l la Associates hereby provides notice of its appearance in this action. Kindler enter my appearance on heh;~11' a (`Route 114 Associates. RHt)AI~S & S1Ntal^~ 1~1,P 'I'imt~thy J. T+li an, Esquire One South Market Square Y. U.13ox 1146 Harrisbt;:rg, PA 1710x-1146 X717) 233-5731 Attorneys forRoutc 114 Associates 8f I G[rs. t GEIt'1'11tiC:A'1'L UF` SEKVIC1,r i hereb~~ certifjf that. on ~1U~ust 31, 2012, tn~c capics of the forcgoin~ doctriticni ~~vas scrvcd h~~ first class rr~ail, pnstagc prepaid, try the lullv~vin~; Tina Makoulian, )sq. Ballard Spahr 1735 Market Street, ~ i st Flc~cyr Philadelphia, PA 19103-7599 2 ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP In re: Sam's East, Inc. Application for Variance Docket No. V2012-7 RESPONSE TO OBJECTIONS OF ROUTE 114 ASSOCIATES TO SAM'S EAST INC.'S APPLICATION FOR VARIANCE Sam's East, Inc. ("Sam's"), the applicant in the above-captioned matter, by and through its undersigned attorneys, files this point-by-point Response to the Objections of Route 114 Associates ("Objector") filed on August 31, 2012, stating as follows: 1. Sam's admits, upon information and belief, that Objector owns an approximately 21 acre parcel of land which adjoins a portion of the northern boundary of the land that is the subject of Sam's Application for Variance. However, Sam's expressly denies and objects to Objector's claim of legal standing. Objector has made a conclusion of law for which strict proof of a direct, substantial and immediate harm to its interest (i. e., aggrieved party status) is required. See Spahn v. Philadelphia Zoning Bd. of Adjustment, 977 A.2d 1132, 1150 (Pa. 2009). Byway of further answer, upon information and belief, Objector is a business competitor which alone is not enough to confer aggrieved party standing. See Nernberg~v. Cit~of Pittsburgh, 620 A.2d 692, 696 (Pa. Cmwlth. 1993) (holding that a business competitor who alleges only a violation of the general standards of a zoning ordinance, without any evidence or allegation of a specific detriment to that business competitor, is improper since such business competitor otherwise has no standing to pursue such an appeal). 2. Sam's admits that it requested, among other variance relief, the relief from the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance")~ as re-stated by Objector. 3. Sam's admits that it seeks to build a Sam's Club warehouse store on the site and that a dimensional variance is required to do so. 4. Sam's admits to its own "concessions" as set forth by Objector. 1 Unless otherwise noted, "Sections" refer to sections of the Zoning Ordinance. DMEAST #15616776 v2 5. Sam's admits this paragraph in part, but denies that its "requests should be denied for various reasons, including those set forth herein." 6. Sam's denies the characterization of the Zoning Ordinance as set forth by Objector in this paragraph. Silver Spring Township did, in fact, make many legislative decisions when promulgating its Zoning Ordinance. One of those decisions was to properly include the required Constitutional "safety valve" which allows for variance relief from the terms of the Zoning Ordinance when an unnecessary hardship is inflicted upon a property owner. See Zoning Ordinance Section 604.4. This is precisely why Sam's specifically requested a variance from Section 503.2. Objector's view that Section 503.2 is rendered immutable by its own terms is fundamentally inconsistent with the law of zoning. 7. Sam's denies this paragraph as stated. Objector misapprehends Sam's argument regarding de minimis variance relief. Sam's has requested "[a] variance from Section 503.2 to permit the enlargement of a dimensional nonconformity, i.e., lot coverage, or in the alternative a variance from Section 211.8 from the maximum permitted lot coverage." These represent two distinct avenues of possible relief, and Sam's de minimis argument applies only to the first. The relief requested under Section 503.2 would allow the "enlargement of a dimensional nonconformity." Unlike the cases cited by Objector, the magnitude of the existing dimensional nonconformity is irrelevant here since the governing control, Section 503.2, would not permit any increase. Thus, the baseline for a de minimis measurement under Section 503.2 is the "enlargement" itself. Here, the "enlargement" is merely eight tenths of one percent (.8%), which is well within any relevant caselaw granting de minimis variance relief. See Lench v. Zoninl; Bd. of Adjustment of City of Pittsburg, 13 A.2d 576, 582 (Pa. Cmwlth. 2011) ("[t]here is authority that a dimensional change of less than 10 percent will be treated as de minimis"). Furthermore, "[t]he grant of a de minimis variance is a matter of discretion with the local zoning board," and "[n]otably, the burden on an applicant is at its lightest where the request involves a de minimis variance with respect to a dimensional requirement ...." Id. at 581-82 (citations omitted). 8. Sam's denies this entire paragraph as stated, and expressly denies Objector's bald assertion that Sam's will be unable to meet the requirements for a variance as a DMEAST #15616776 2 2 matter of law. On the contrary, Sam's will offer sufficient evidence at the public hearing to meet any of its requisite burdens. Byway of further answer, the maximum permitted lot coverage under the Zoning Code is actually eighty percent (80%), conditioned upon satisfaction of a certain Architectural Design Standards and approval by the Board of Supervisors. Zoning Ordinance Section 317. The existing building at the property predates the Zoning Ordinance and, like the proposed development, may very well satisfy the Architectural Design Standards and be permitted lot coverage of eighty (80%). In any event, Sam's "is asking only for a reasonable adjustment of the zoning regulations in order to utilize the property in a manner consistent with the applicable regulations" and is therefore subject to a relaxed standard for the grant of a variance. Hertzberg v. Pittsburgh Zoning Board of Adjustment, 721 A.2d 43, 47 (Pa. 1998). 9. Sam's denies this claim, noting that the public hearing on its Application for Variance has yet to occur, where it will offer sufficient evidence to meet any of its requisite burdens. Byway of further answer, Sam's notes that "[t)o justify the grant of a dimensional variance, courts may consider multiple factors, including the economic detriment to the applicant if the variance was denied, the financial hardship created by any work necessary to bring the building into strict compliance with the zoning requirements and the characteristics of the surrounding neighborhood. To hold otherwise would prohibit the rehabilitation of neighborhoods by precluding an applicant who wishes to renovate a building in a blighted area from obtaining the necessary variances." Hertzberg, 721 A.2d at 50. Objector asserts, without citing any facts whatsoever, that "[t]here are certainly uses to which the property can be put that comply with the Zoning Ordinance." Objector ignores the fact that this property has been vacant for over seven (7) years. Furthermore, Sam's is seeking a dimensional variance, not a use variance, which will allow the reuse of this vacant and unproductive space. Objector has ignored that the vacant site imposes a financial hardship on the owner of the shopping center and the other retail tenants, that redevelopment is constrained because this is an existing shopping center with existing conditions, and that the variance is necessary in order to configure the Sam's Club store to meet Sam's programmatic needs and provide adequate parking for customers. 10. Sam's denies this claim, noting that the public hearing on its Application for Variance has yet to occur, where it will offer sufficient evidence to meet any of its requisite DMEAST #15616776 v2 3 burdens. The existing configuration and lot coverage of the shopping center restrict the way in which this section of the shopping center can be redeveloped. Furthermore, see paragraph 9 above. 11. Sam's denies this claim, noting that the public hearing on its Application for Variance has yet to occur, where it will offer sufficient evidence to meet any of its requisite burdens. Furthermore, see paragraphs 9 and 10 above. 12. Sam's denies these unsupported conclusions of law. This is an existing shopping center with legally non-conforming lot coverage. Zoning ordinances are not enacted to "reclaim" green space. To the contrary, when an ordinance is changed, existing nonconformities are permitted to continue. Furthermore, as set forth in paragraph 8 above, Objector's conclusions regarding lot coverage are inconsistent with Section 317 of the Zoning Ordinance which allows maximum coverage of eighty (80%) as a conditional (permitted) use. By way of further answer, the proposed development replaces a former retail tenant (Lowe's) with a new retail tenant. The use remains a retail. use and no additional land is being added to the shopping center, which has been operating for approximately twenty (20) years. The former Lowe's building and the proposed Sam's Club building contain approximately the same amount of sales floor area, will be located in the same general location, and the parking fields and layout will remain consistent with what exists today. Therefore, the proposed Sam's Club store is in keeping with the existing character of the Shopping Center and the neighborhood. Furthermore, the proposed development will allow the productive reuse of a store that has sat vacant for several years and provide another shopping alternative for residents of the Township. The Sam's development will create construction jobs and the Sam's Club store will employ approximately two hundred (200) people once it is opened. Therefore, the proposed development will be beneficial to the owner of the Shopping Center, the other retail tenants within the Shopping Center, and the Township as a whole. 13. Sam's denies this claim, noting that the public hearing on its Application for Variance has yet. to occur, where it will offer sufficient evidence to meet any of its requisite burdens. By way of further answer, Sam's submitted a zoning plan prepared by a professional DMEAST #15616776 v2 4 engineer with its Application for Variance. Such plan contains bulk area calculations and notes and was accepted by the Township as sufficient to support the Application for Variance. 14. Sam's denies this claim as speculative. By way of further answer, any future subdivision would be subject to the applicable requirements set forth by Silver Spring Township, and is irrelevant to Sam's current Application for Variance under consideration here. Moreover, subdivision may not be required in connection with certain forms of ownership interests. 15. Sam's denies this conclusion of law and claim. To the contrary, the Zoning Ordinance defines "Lot" as "[a]ny parcel or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development," and expressly provides that "[c]ontiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this Ordinance." Section 112. The shopping center was originally developed as one overall parcel. Even if the Zoning Ordinance did not permit combining of lots to determine lot coverage ratios, when the Township has allowed it throughout the development history of a property the applicant would be entitled to continued treatment as such under a presumption of regularity. South Union Twp. v. Fayette County, 225 A.2d 258, 261 (Pa. Super. 1966) (governmental actions entitled to a presumption of regularity). 16. Sam's denies that Wal-Mart Real Estate Business Trust has not authorized the variance relief sought on its property. In fact, Wal-Mart Real Estate Business Trust has explicitly authorized the same via correspondence to Silver Spring "Township. See Exhibit "A" attached for a copy of the letter of authorization. 17. Sam's reserves the right to supplement its arguments in favor of its Application for Variance and against Objector's opposition. DMEAST #15616776 v2 WHEREFORE, Sam's East, Inc. respectfully requests that the Zoning Hearing Board of Silver Spring Township grant its Application for Variance. BALLARD SPAHR LLP ~~. °~~ Dated: September 10, 2012 Tina R. Makoulian, Esquire 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8713 Attorney for Sam's East, Inc. DMEAST #15616776 v2 EXHIBIT ~~~~~ ~~ ~MEAST #75616776 v2 .~ ~,... August 10, 2012 Silver Spring Township 8 Flowers Drive Mechanicsburg, PA 17050 Re Variance Application for Sam's East, Inc. Dear Sir/Madam: The undersigned, owner of a parcel in the Silver Springs Cammon Shopping Center located on Carlisle Pike between Hogestown Road and Silver Drive, hereby authorizes Sam's East, Inc. to file an application to the Silver Spring Township Zoning Hearing Baard for any zoning relief required in connection with the development of a Sam's Club Store and associated gas fueling area in the shopping center Sincerely, Wal-Mart Real Estate Business Trust, a Delaware statutory trust By Its vice Pfesident g,~-~eat~~Esfate i STT.,VER SPRING TOWNSHIP ZOi+IING HEARING BOARD MECHANZCSBURG, PENATSXLVANIA IN RE: Application of Sam's East, Inc. Variance 2012-7 ORIGINAL TRANSCRIPT OF PROCEEDINGS Before: DON FRANKLIN, Acting Chairman DONALD A . SOitOLOSItI , Membe r JOHN FBICHTEL, ESQUIRE, Me~aber RICH MiAFFBTT, ESQUIRE, Member DAVID BFNOI$T, Zoning Enforcement O~i'a.cex JAMES H. TURNER, ESQUIRB, Solicitor Date: September 10, 2Q12 at &:11 p,m. Place: Silver Spring Township Municipal Building 8 Flowexs Drive Mechanicsburg, Pennsylvania Volume I Page 1-79 Linda C, Larson, CSR., RPR, CLR, CRT Court Reporter - Nratary Public PREMIER REPf3RTING, ~,I,,C 8 South HanflVer Street, Suite 201 Carl-isle, Pennsylvania 17413 E-mail: lindar~premierreportnglic.com Tel: {717) 243-~7a0 I'ax: (717) 243-013 ski' ~ J 2012 3 2 3 4 5 6 7 8 9 10 ~_ 7_ 12 13 24 :L 5 16 17 7.8 19 20 21 ~~ Z3 24 25 t,.Ttc3a C. Larson, C"-SK, KPR, CLR, (:RI 7 APPEARANCES: BALLARD SPAHR, LLP 1735 Market Street 51st Floor Philadelphia, Pennsylvania 19143 BY: TINA R. MAKOULIAN, ESQUIRE {27.5) 854-871.3 For the Applicant RHOAL7S & SINON, LLP One South Market Square 12th Floor P.O. Box 1145 Harrisburg, Pennsylvania 171U8 BY: TIMOTHY J. NIEMAN, ESQUIRE {'717) 231-651A For the Objectax - Rvute 114 Associates MCNESS WALLACE & NURTCK, LLC l0U Pine .Street P.O. Box 1156 Harrisburg, Pennsylvania 17108 BY: HELEN L. G~+IMILL, ESQUIRB (717} 237-5273 Fox the Objector - Giant Woad Stores Premier Reporting, LLC 1 2 3 4 r~ 6 7 9 10 11 1~ 13 14 15 1.6 17 18 19 z iJ 21 az 23 ~~ z~ Linda C. Larsen, CSR, RPR, i'T,x, C']t)_ 3 INDEX TO T88TIMONY WITNESSES DIRECT CROsSS REDIRECT RECROSS For the Applicant Gary Rittle 7 11 -- -- Adam 13enosky 14,16 30,43 54 -- harry Craighead 57,59 69 -- -- INDEX TO EXHSBITS NO. DESCRIPTION MARFCED RECEIVED l~or the Zoning Hearing Hoard (None.? F'or the Applicant A-1 Application 5 't5 A-2 Adam Benosky's Resume 15 75 A-3 Amendment 18 75 A-4 Existing Gonciitions Plan 29 75 A-S Larry Craighead's Resume 58 75 For the Ob~eators (Nonea) Premier Reporting, LLC 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 Linda C. !.,arson, C_SR, RPR, CL,ft, L'R7 fl P R O C 33 E D I N G S (Proceedings commenced at 6:11 p.m.) ACTING CHAIRMAN FRANKLIN: All right. 5v we'll go ahead and move on. The Board has before a.t an application known as Variance 2012-7 with an applicant Uf Sam's East, Incorporated at 2001 Southeast 10th Stre_e_t Bentonville, Arkansas 721 -- 72176-0550. The applicant is requesting a variance to section 503.2 to permit the enlargement of a conventional, nonconformity fox a variance from the maximum ldt coverage, section 313.3, and a variance tb permit a total. of 16 gas fueling related signs, section 313.3. The above application has been submitted pursuant to section 604 of .:the Silver Spring Township Zoning Ordinance o~ 2049. Legal notices have been published in L•he Sentinel on August 23rd, 2012 and August 30th, 2012. Mr. Benoist, did you past the legal notice of this hearing on the pxoperty? MR. BENOIST: Yes, sir, an August 31st, 2(31.2 as well_ ACTING CHAIRMAN FRANKLIN: Very good. Would the applicant or representative please approach the bertc~i and give your name and the reason for your request. MS. MAKO[JLIAN: Good evening, Mr. Chairman, members of the Board. My name is Tina Makoulian. r'm with Premier Ite;~flrting, LLC 1 L 3 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 75 Linda C. Larson, C'3R, RPR, CLR, CRI ,, Ral.~.ard Spahr, I'm representing the applicant. I have three witnesses with me tonight , And if it p1C'.{i8L ~hc Board, we're prepared to move forward. ACTING CHAIRMAN FRANKLIN: Okay. Do you want to ger_ them sworn in? MR. TURNER; Yes. Why don't we get all three of_ the witnesses sworn in. M5, MAKOULIAN: Okay. (witnesses sworn en masse.) ACTING CHAIRMAN FRANKLIN: All right. MS. MAKOULIAN: Mr, Chairman, before I ca11 the first witness, I have a couple of procedural matters that I'd like to address. I would like to ask that the application that was filed be marked as Rxhibit A~1. {Applicant's Fsxhibit No. A-1 was marked fox identification.) MS. MAKOULIAN: And I would also ask that the record reflect that there were. authorization letters submitted with the application from both THE Realty and frotia Walmart, because two lots are affected by the application. MR, TURNER: Okay. MS. MAKOULIAN; Thank you. And then finally an entry of appearance and some written objections were filed on behalf of an adjacent property owner. Their. CQUI1sP..l, Mr. Nieman, is here tonight. We have some -- a Premier Reporting, LLC 1 2 `~ 4 5 6 7 Q 9 10 11 12 13 ~4 15 16 ]? 18 19 20 21 22 23 24 25 i,itld8 C'. L~1"tjC>tl, CSR, 12Pi2, f.l~R, CKI to response to those objections that I'd like to ask be entere~3 into the .record, and I believe I have copies enough far everyone. abjection. copy far us? I apologize. MS, (Ha MS. MS. MS. witness, Mr, Gary (Handing. MR. TURNER; For the record, this is the MR. NIEMAN: Yes. MR. TURNER: And yaur response? MS. MAKOULIAN: Yes. MS. PIERCB-1+4CT~AIN: Counselor, did you briny a MS. MAKOULIAN: Yes, I do have an extra one. PIERCE-MCLAYN: That's all right. nding,) MAKt)ULIAN : There you are . PIERCE-MCLAIN: Thank you very much. MAKOULIAN: I'd like to cal]. oux first Rittle. rt x GARY RiTTLE, a witness in the above-entitled action, called as a witness by the applicant, and having been first duly sworn to testify the truth, the whole truth, and nothing but the truth in answer to oral interrogatories propounded to him, testified as follows: Premier Reporting, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 a. s ~~ 20 21 22 23 2 ~! 25 Linda C. Larson, CSR, RPR, Ci1R, CRI .~ MS. MAKOULIAN: Do you have a preference for where he stands car where I stand? MR. TURNER; We don't have any. No, we don't. zt's up to you. MS. MAKOULIAN: Okay. MR. TURNER: If you need the -- if you want the lectern, it is movable, MS. MAKOULIAN: Gary, if you can just stand here. MR. R2TTLE; Sure. MS, MAKOC7LTAN; And I'll stand aver here if anycxie can't hear us, please get us know. MR`. TURNER : As long as - -- ACTING CHAIRMAN FRANKLIN: She can hear. MR . TURI+iER : I t ' s a.mportant than the stenographer hears what youx you're saying. *~* DIRECT SXANINATION * * * * ~ BY MS. MAKOIILZAN; Q. Could you please state your name and your business address far the record? A. Gary Rittle, 2801 Market Stxeet, Yoxk, Pennsylvania 174Q2. And Preo~ier• Rept>r.ti.ng, I,LC 7 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t,i n<3a C.. L~r.^,on, CSR, RPR, CLR, CRI. Q. And by whom are you employed anti irr +rrhar capacity? A. T!-IF Management as an asset manager. Q. Does THE own the entity that owns the Silver Spring Common's Shopping Center? A. Yes. Q. Haw long has it owned the shopping cc:ritc:r? A. January of 2005. Q. Who are the larger tenants that are at the shopping center? A. Value City, Walmart, AC Moore, and Marshal7.'s. Q. Was there previously a Lowe's Home Zmprovempnt Store at the shopping center? A. Yes. Q. And when did Lowe's lave the shopping center? A. June of 2005. Q. So that's over seven years ago? A. Correct. Q• And what has happened with the Lowe's building since they left the store? A. It has become slightly dilapidated. It's been vandalized. We have secur~.ty breaches in the building periodically and thefts. Q, Has the owner tried to find another Conant for that apace over the years? Yremi.cr Re~orY,ing, LLC 1 2 3 5 6 7 8 9 10 11 l2 13 14 15 16 a. ? 1$ I9 20 21 22 23 24 25 Linda C. t,~z'son, C"4i2, }tI~R, CLk, CRI 9 A. Yes. Q. Could you please describe the owner's efforts i:o Iease that space? ~,. Yes. Our leasing department has talked to, in the past, Babies R Us, Toys R Us, Hobby Lobby, and in one instance Wolf's Furniture. None have -- we've never come close to leasing the building. Q. And i,s there currently any interest in l.easinq that building from anyone other than Sam's? A. rto. Q. Do you believe that the operation of the Sam's Club will be beneficial for the shopping center and in particular for the other tenants? A. I do. Q. And why do you believe that? ~. Tenant traffic has decreased s~.ightly since 2005, Tenant traffic sales are down to ail of the tenants at the shopping center. Q. And is it a financial burden on the owner to carry that J.arge vacant space without any xQnt coming from it? A. It is. Again, we've had the vandali~nt. We've had ••- we've had all of the rooftop units vandalized on the building, completely sL•ripped of recyclable i~ateria:~s. So if the building is not taken by Sam's Club, we're going to Pz;emier Reporting, LLC 1 2 3 4 5 6 7 8 9 ~.0 11 12 1~ 19 15 16 17 18 19 2Q 21 22 23 24 2S L>nda C . Larsen, CSR, KPR, f'i.t? , C'ki ~C have a pretty suustantial cost. to replace those una.ts on that building. Q . Thank yoti . ACTING CHAIRMAN FRANKLIN: Questa.on:~? MR. TURNER: Right. Any members of. t9~Q Board have any questions for the witness? MR. FEICHTEL; No. MR. MAFFETT: When yoU say you've tried to find other tenants -- MR . R I TTLE : 'Yes . MR . MAFI`ETT : - - what have you done try try l.c~ find another tenant? MR. RITTLE: Qur leasing department did contact, again, Toys R tTs, Babies R Us. We know where they ended up. And xobby Lobby, that fell through. They lost interest mainly due to the location on the back edge of the property. They didn't feel there was gcaing to be ~:nough vehicular traffic back there, And then, again, wolfe's Furniture, and that was a brief encounter but that fell also. MR. MAFFETT: So they've only tried Co contact four entities since it's been vacant? MR. RITTLE: Well, We contacted -- yes, we contacted the four entities that could take and utilize that size of a building. Thew are not very many out there, Premier ]tcporti.ng, LLC 1 2 3 9 5 6 .~ 8 9 1D 11 12 13 lA i5 16 17 18 19 2a 21 22 23 2Q 25 t,ind~ C', Larson, CSR, RPR, CLR, CR7 li MR, IHAFFE'1'T: And that's the extent cif. the cforts that have been made? MR, RITTLE: Yes. MR. MAFFETT: Thank you. MR. RITTLE: Sure. Thank you, MR. TURNER: Does Mr. Nie man -- are you -- do you desire to participate in -- MR. NIEMAid: I would like to ask questions. MR. TURNER: -- crossing the witnesses? MR. NIEMAN: Z don't know if there are any other questions from the Board before Z ask a couple of goats t ions . ~ * * ~ CROSS-BXAMINATION ~r ~ BY MR. NiEMAN: Q, Sir, you just testified that only four ether potential. tenants were contacted by your company ror thar_ property. A. Yes. Q. Have you contacted any smaller entities that might be able to go in there and use the property in some way, smaller than a Big Lots Store? A. We have nat. Q. O}cay. Have you explored any other options, Premier Reporting, LLC i. 2 3 4 5 6 7 9 9 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 25 Linda C. Larson, CSR, RPR, CL•R, CR1 12 stic_h as a church or any other entity, that might be able tt? use that property or put a.t to some sort of use? A. Some -- most of the leases at t}te shopping center have pretty heavy restrictions against what can go into the shopping Centex-. A church is fine of them. Q. Okay. And just so I'm clear, the financial da.f.ficu],ty that you've explained is the fact that there are units on the roof that you'll have to replace and fix because of same vandalism? A. More likely just repJ.ace. Probably about a quarter of a million dollars. Q. .Okay. Did you have any involvement in preparing the application that was submitted to the Coning Hearing Boarid? A. z did not, Q. Did you have any involvement in preparing .the plan that was submitted as part of that appli;cation? A . I dial not . Q. Have you had any involvement with L-he design of the Sam's Club that's prcjposed for the property? A. I did not. Q. Do you know if there has been any consideration by Sam's Club to make a smaller store on that property or t© somehow try to fit it into the zoning requirements of the township? Premier Re~orCing, I,I,C' 1 2. 3 4 5 G 7 8 9 10 11 12 13 l9 15 16 37 18 19 2fl 23 22 23 24 25 Linda C. Larson, CSR, RPR, CLH, C'Ks A. That I do noL know. Q. Are y+ou aware of the property that does lie to the north of the Lowe's property or the Lowe's building? A. I'm aware. that it's there, yes. Q. And you're aware that Route 114 Associatev i.:. the owner of that property? A. I learned that within the last few days. Q. Okay, And you'll agree that that's a wooded area back i:n there? It's fully wooded. A. Not completely. You're close. MR. NIEMAN: Okay. Thank you.. MR. RITTLE: Thank yau. MR. TURNER: Mr. Nieman, would you just put on the record who you are and who you're representing? MR. NIEMAN; Yes, My name is Tim Nieman. 7'm with Rhoads & Soon, and I represent Route 114 Associates. And we've filed objections and an entry of appearance about a week and a half ago. MR. TURNER: Okay, ACTING CHAIRMAN FRAI+~KLIN: Proceed. MS. MAKOULIAN: I'd like to call Adam Benosky. MR. SENOSKY: Over there? MS. MAKOULIAN: Maybe I'll stand over here. I keep walking into you. MR. FEICNT£L: You're okay there. Premier Reporting, LLC 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1a 19 20 21 22 23 29 25 Linda C. LaYf3UT7, CSR, RPR, C_LR, CRI i4 * ~ * ,~ ~ ADAM BSN03KY, a witness i.n the above-entitled action, called. as a witness by the. Applicant, anti hava.ng been first duly sworn to testify the truth, the whale truth, and nothing bait the truth in answer to oral interrogatt~rieU propounded to hint, testified as faliows: DIRSGT EXAD[INATION (Ae to Qualifications) ~ w ~ BY MS. MAKOULIAN; Q. 'I+~ould you. please .state your name and business addxesa for the record? A, Adam Benosky, ].500 Manor Drive, Chalfont, Pennsylvania. Q. By wham are you employed and in what capacity? A. Bohler Engineering. T am an owner and senior civil engineering manager, and I'm also a licensed landscape architect. Q. Could you briefly describe your educational background and your profsssiona~. experience? A. Sure. I have a Bachelor of Science in landscape architecture from West Virginia University. Y'vc: been in the practice of land development: subdivision site planning for over 20 years. T practiced in the state of New Premier Reporting, LLC 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 2 t) 21 ?. 2 23 24 25 Linda C. Larson, C'SK, kPR, C"LR, CRI r3 Jersey, Pennsylvania, and Delaware. Lott also licensed i.n New York as well. Q. In your professional experience, have yotz worked on shopping centers, development projects, and in particular large retail stores similar to the proposed Sams Club? A. Yes, I have. I"ve been involved with many large shopping centers, many shopping centers throughat3t t}ap state, throughout. the state of New Jersey as well, including large box retail, Walmart, Cardia" Lowe's, Sam's Club. Shopping centers which include grocery anchored centers all the way down to smaller banks and: pharmacy centers, Q. And have you testified before other municipal boards in the past and offered testimony as an expert in land use? A. Yes, I have, MS. MAIEOULIAN: I would like to submit Mr.. Benosky's resume and ask that he be accepted as an expert in land use. MR. I'O:RNER: We'll mark this as Applicants Exhibit A-2. {Applicant's Exhibit Nfl. A-2 was marked for identification.) MR. TURNER: Mr. Nieman, do you have any questions regarding the qualifications of the witness? 17remier Reporting, LLC 1 ?. 3 4 5 6 1 8 9 ~. Q 31 12 13 14 15 16 1'l 18 19 20 21 22 23 ?4 25 Linda C. LaY~sorr, CSR, FtE~R, CLR, CRi TL MR. NIFMAN: MR. TURNER: MR . NY IrMAN MR. TURNER: MR. NIEtiMAN: MR. TURNER.: I do not, your Honor. Thank you. Or Mr. Turner. I ' m a f ar cry from your ttotlor . I forgot it's after 5:~0. Proceed. DIRECT SXAMINATIOI,T BY MS. MAK~ULIAN: Q. Did you review the zoning appeal application by Sam's Club that is the ~ubjeet of the hearing tonight? A. Yes, I have. Q. And did you prepare the zoning plan that was identified as Sheet 2-l dated August i3, 2012 that was pant of the application? A. Yes. Anti it's actually, for the record, that~s ~-1. Q. And in the course of your preparations for toniglzt1s hearing, did you discover an inaccuracy on th~ti. zoning plan? A. Yes, we dial. As part of our preparation for this evening's hearing, we went back and double-checked a lot of the calculations that we did that were subject to an impervious co~rerage calculation. We found errors in the Premier ReparCing, LI,G 1 2 3 9 5 6 7 8 10 11. 12 13 14 15 16 17 1a 19 20 21 22 ?. 3 ?.4 ?. 5 Linda G. i~~Yi~C311, C'SR, RPR, CLR, CRI 3 '! underlying base survey, which actually reflected more property than is actually part of the overall property. What that dial is actually reduced the amount of the percentage of impervious coverage on the site. So we applied for a larger variance than we're actua].7.y seeking this evening. Q. And have you revised the zoning plan to addxess that inaccuracy? A. Yes, Y have. Q. And is that the plan that you've brought with you tonight? A. -Yes, it is. Q. And do we have additional copies? A. Yes. MS. MAKOULIAN: If it please the Board, we'd like to amend the application by substituting the corrected zoning plan, which has the lot coverage calculaL•ion, demonstrating t-hat there is actually less consistent lot coverage than we previously thought. Handing.} MRa MAFFETT: Thank you, MR. TURNER: That's fine. MS. MAKOULIAN: Thank you. MR. TURNER: And we'll mark this as Applicant's Exhibit A-3. Premier Repotting, T~;,C a. 2 3 9 5 6 .~ a 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Linda C. Larson, CSR, RPR, CI~R, Citt la (Applicant's E~cha.bit No. A-3 was ~sarked for. identification,) (Handing.. MR. NIEMAN: Thank yau. MR. `TURNER: I have no hope of reading this. So what is the number that you're now asking for? MR. BENOSKY: The number that we're seeking now, the lat coverage, is 83.2 percent. MR. T"URNBR: Thank you. MR. BEN+DSKY: And the existing lot coverage is 82.3. BY MS. MAKOULTAN: Q, nid you also review the Township Zoning Ordinance and Zoning Map? A. Yes, I did, Q. Haw is the property zoned? A. The property is zoned C-2 commercial. Q. In your prepaxatiQn of the zoning plan. and in preparation for. your testimony tonight, have ynu Visited the subject property? A. -Yes, I have several times. Q. All right. Using the zoning plan that's been maarked as Exhibit A-3, please describe the location of the subject property and the location of the exiting vacant Lowe's building. Premier Reporting, LLC 1 2 3 5 6 7 8 9 10 11 12 13 14 15 1G 17 ~. a 1.9 20 21 2~ 23 z~ 25 I,i.nria L. Larson, CSR, N1-'tt, C:UR, CRI 19 A. Referring to Z-1, exhibit 3, we have a plan orientated with Carlisle Pike at the bottom of the plan, 114 to the left-hand side. The large round area on t}~e right-hand side is the existing Walmart utore. We have a signal off the Carlis~.e Pike, which is our main acres, point, and then an access -- another signalized access off of 114, which comes back to the back of the property. The top of the page you'll see a darker brown color. That is the propc~eed Sam's Club. lend that is in the location, almost the exact location, of the existing Lowe's building. As Tina had mentioned, the building, the existing Lowe's building will be razed for the construction of the new ilam's Club. We've essentially left the parking field in front, as it is today. It will be reconstructed slightly to accommodate upgraded ADA access, changing the grade slightly in the front. We're taking down the portion of the site which contains the garden center, which is on the right-hand side of the Lowe's as you face it, and adding a parking field there to accommodate the Sam's Club. In addition, we're showing the gas station for the Sam's Club, which is kind of in the almost exact center of the shopping center. And that was placed there to minimize any impacts to the parking spaces that are close to any of_ the xetail uses located in the center there and stay I~remier Reporting, i,ToC: Z 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C'. Larson, CSI, RPR, CLft, t;Rl zo out of the way. They're still accessible by the roadway network within the center.. Q. How large will. the proposed Sam's Club store be? A. The new Sam's Club is 136,3&7 square feet. Q. What is the maximum lot coverage that's permitted in the C-2 district? A, The C-2 district allows for 6o percent lot coverage. However, that can be increased through design standards, which are included in the conditional use standard, but the underlying district is 60 percent. Q. And what is the current lot coverage existing at the pr©perty? A. Current lot ccrvexage is 82.3 percent. Q. Is this a legally nonconforming condition? A. Yes, in our opinion it is. The existing shopping center was constructed showing the improvements that are there today. There was a subsequent addition to the Walmart, which is also apprQVed under the zoning ordinance that was in effect at the time. So the impervious coverage exceeds what's required today. However, the o1cI ordinance was -- the original shopping center design dicl not have an impervious coverage requirement, therefore, it was built under that approval. Q. And what will be the lot coverage after the Prem~.er Reporting, LLCM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 I.i nda C'. LaT' ,oil, CSR, RPR, CLR, G3tI 21 Sam's Cluk~ store is constructed? A, The proposed lot coverage .s 83.7. percent. Q. So that means there will be a less than one percent increase from the existing coverage today; is that correct? A. That's correct. Q, zn your opinion, does that represent ~~ ci minimus amount? A. Yes, it does. Q. Could you please describe the efforts th~:t were made to keep the lot coverage as minimal as possible? A. Sure. When we originally looked at the l.ayc~ut of the Sam's Club, we were maximizing the parking for the site. And that waa to address the parking requirements, not only in your zoning ordinance but in your subdivision land development ordinance, The ordinance requires for the overall center to be parked at a 5.5 per thousand ratio.. And it will ask for a 20 percent reduction in that, if approved by the Board Qf Supervisors, which we felt was appropriate. We went to the planning submission as well as the Board of Supervisors with that plan. It was more parking than Sam's Club actually needed for operational -- fbr operating the store. But we met the ordinance requirement. +pf course, that added more impervious Premier Reporting, LLC 1 ?. 3 4 5 6 7 8 9 1U 11 12 13 14 15 1( 1? 1s 19 7, 0 21 22 23 24 25 Linda C. Larson, CSR, ltPFt, C'Lk, CRI 2z coverage. In an effort to reduce and minitnize the amount of impervious coverage, we spoke with the planning' commission and the Board about reducing gonte of those spacev. Eusetiti.ally eliminating some that we didn't feel we needed from an operational standpoint. So ultimately what we ended up with was a reduction in about G4 spaces total we eliminated from that original plan, which gives us -- essentially we don't have a separate lot for the Sam's Club. But essentially within the proximity of Sam's Club, it gives us about a four per thousand ratio, which is a comfort zone far Sam's to be able to operate the store. They've operated. stores all over the country and that's really the. requirement that they need.T.t's a minimal amount of parking, but they comfortably have parking spaces adequately fox all of their customers. Q. So in your opinion, has the Sam's Club store and the related parking fields been configured to provide the minimum amount of lot coverage needed for -- to provide adequate parking as well as to support Sant' ~; Club' s programatic needs? A. Yes. Q. Would you please describe the proposed storm water facility? A. Sure. We haven't gone through a fury E'rcmier Repcirt?ng, LL•C Linda C . Lar. port, CSR, RFR, CLR, C:R 1 2 3 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 engineered set of drawings to fully work through the storm water. Dut we have been doa.ng some investigations as far as what we can do. We are looking at raking what is there today, which essentially runs uncontrolled out to the creek in the back, and we'll be bringing up that entire area v1. disturbance up to today's standards. So we will be designa.ng a system. It will be an underground system, which will be on the right-hand side of the Sam's, which wi~.l collect our storm water and meet the county, the state, and your local storm water requirements. And it will be a vast improvement to what's there today. Because today, as Y said, it really runs uncontrolled try the creek. Q, okay. In your opinion, wall the grant of the requested variance to permit the increase in lot coverage also be an essential character of the zone or neighborhood in which the shopping center is located? A. No. We donut believe it will. The center is the center. It is a shopping center today. We're essentially replacing what is a vacant Lowe's with a Sam's Club. It's a reuse of the property, we are within a commercial zone. we are within a commercial corridor along Carlisle Pike and on the corner of 114. And it is commercial today. So in our opinion, it would not impact any of the character of the neighborhood. In fact, it wou~.d Premier ltcpt~r. tiny, LLC' 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 1$ 19 2A zi 22 ?. 3 24 25 Linda C. Larcan, CSR, RPR, CI,R, ('R1 2 +1 be taking a dilapidated Lowe's and replacing it with a k~r~nc;~ new operating Sam's, Q. In your opinion, would the variance impair the use or development of any adjacent properties'? '~~ A. No. 1n my opinion, there is no impact to any of the adjacent properties. We're staying completely within our property and essentially within the footpra.nt of the development that's there today. So there is no impact on the adjacent properties. Q. In your opinion, would the grant of the variance be detrimental in any way to the public welfare? A. In my opinion, it's nat. We're locking at a proactive and adaptive reuse of the property. We're taking II a dilapidated Lowe's and replacing it with a brand new operating Sam's Club. We're creating canstruction jobs far the demolition and construction. We're creating over 2a0 new employment opportunities with the new Sam's Club. MS. MAKOITLIAN: Thane are all my questions Lor Mr. Benosky. ACTING CHAIRMAN FRANKLIN: Any questions from the members of the Board? MR. SOKOLOSKI: Yes. Do you happen to have an overlay of what the existing Sam's Club building a.g and yours? MR, BENOSKY: With the Lowe's? You mean the Fremiei Reportinc?, LLC 1 "Z 3 4 5 6 8 9 ~. 0 11 12 13 14 ~. 5 16 ~.7 18 19 20 21 22 23 29 25 T,inrla C. L~3r~i~, CSR, RPR, CLR, CRI 25 MR, SC?KOLOSKI: Yes. With the Lowe's, what'u t}~e existing? MR. BBNOSKY: I don't have necessarily an overlay. If you look ••- 2 can bring this up, If you look, you'll see it. That is the existing conditions plan so you can see. MR. SOKC)LOSKI: Uh-huh, MR. BENOSKY: And I can try to put those side-by-side for you. You can see we're pushing -- MR. SOKOLOSKI: And where is the additional one percent, is what I'm trying to see, of lot coverage? MR. BLNOSKY: The additional one percent, essentially there are a:reas~ where we've added, As an example, we're added green space in the front here. We've eliminated the parking spaces all along -- MR, SOKDLOSKI: And that"s where the 69 were eliminated? MR. BgN(9SKY: Partially and then we have some in the rear -- MR . Si7KC7LtaSKI ; Uh-huh . MR. BENOSKY: -- and on the side and in the back here. But essentially, they added really in the parking area on the back career here. Again, little place3 here and there, But the majority of it is in the back, Premier Reporting, I,t,C 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. l.ar~ot~, CSk, RPR, CLR, C:Rt r, which accommodate access around the building and accommodates additional parking in proximity to the vestibule, and what they cal.]. the entire battery area of the ~am'u Club. ACTING CHAYRMAN FRANKLIN: So essentially you're saying that back corner right there is where the increase in coverage essentially is? MR. BENOSKY: Essentially, yes. It is a small increase an the suds here as well. ACTING CHPrIRMAN FRANKLIN: Okay. Talk to me a little bit more about your storm water control. MR. BENOSKY: I can give you some mere details of what we're doing. Is there something specific you want me to address? ACTING CHAIRMAN FRANKLIN: You had menta,oned that. it was an improvement over what was currently there. I'm interested in what it would be if the improvements you are proposing were put in place. MR. BENOSI{Y: Fair enough, Today the water flows via a pipe system. It discharges. There is a headwall that's located right here along thrv creek on our property, but it discharges directly to the creek. Part of what we'll be doing is installing in the parking area large underground pipes, and they'll be -- we haven't sized them, but probably four foot round pipes and there will be a whole ~~r~miPr Reporting, LLC 1 ?_ 3 4 5 6 7 S 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 2S i,i nd~~ C , Lar an, CSR, RPR, CLR, CRI 77 line of them. Storm water. from the site from the building will be piped into that systettt. That's essentially the retention basin. That will hold back the water and .i_t will reduce the rate of runoff from the site, the rate of runoff to the creek for the area of disturbance. `1'he only th~.ng we disturb, which is essentially what you see in the darker gray -- ACTING CHAIRMAN FRANKLIN: tlh-huh. MR. BENOSKY: -- will run through that basin. In addition to that. were required to meet quality standards, water qual~.ty standards. This site is a little bit unique because, as you know, we're a coarse region, limestone, we don't want to infiltrate storm water because we're going to :open up sinkhoiee. So the regulations through the county anti state allow you to do different things for storm water quality control. So we haven't fully designed th©se, but we would be looking at, like, snouts and manholes, We'd be looking at some sort of mechanical filtering devices within the system itself to address the quality aspects of storm water, So not only are we handling the rate and the runoff, but we're handling the quality. Preliminarily we've looked. at this to assure Sam's Club that we can meet those Premier Reporting, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 lII 19 zo 21 22 23 24 25 LrlCla ~. I,ar,on, CSR, RPR, CLR, C:R1 ?. >~ requirements, and we're confident that ute can. You know iL's a redevelopment. We've got a lot of imperviraus coverage there today, we're not adding a whn1P lot. AyaiJl, we're making it much better than it is today. ACTING CHAIRMAN FRANKLIN: Okay. MR. SOKOLOSKI: Is that the only runoff from the building? Is that your -- that's where your runoff of the new building will go? what about the rest of the lot? MR. HENOSKY: The rest of the lot will continue to go. It doesn't all go to this point. MR. SOKOLOSKI: Right. MR. BFNt?SKY: Whatever goes there today, we wouldn't try to reroute. We would have it come through this. It would either come through our system or wound be, you know, a redundant system to bypass. It's going to come out in calculations how we cs.n handle that. I think its important to note too that if this building was reined and there was no disturbance t© the site, there wou7.d be no improvements to storm water.. zt would stay the way it is today, because there was no requirement to do anything unless you're disturbing the ground. So with a development such as this, we're actually going to be enhancing storm water quite a bit. ACTING CHAIRMALV FRANKLIN: And so then when this is all said and done, what you're essentially asking Premier kteportinJ, LLC 3 1 3 4 S 6 7 8 10 11 12 13 7, 9 15 ]. 6 17 18 ~. 9 20 2 ]. 22 23 24 25 T inch C. Larson, CSk, RP32, SLR, CR.I a ~~ for here is ari increase in impervious coverage from 82.3 to 83.2, eusentially nine tenths of a percent? MR. BENOSKY: That's correct. ACTING CHAIRMAN FRANKLIN: Okay. Mx'. Moffett? MR. MAFFETT: No, nathirlg. MR. SOKOLOSKI: When you put that new system in, whose responsibility is it to maintain its MR. BENOSKY: That's a great question. And I don't know that the details of that have been worked out. But it would either be the property owner or Sam's Club, orrc. of these two enti.tiess. It wouldn't be the township's burden. And that will all come out with an operation and maintenance agreement that we would be working through with your engineer and the county cc~nservatan district. MR. TURNER; Before we open it up to cross, just for the sake 4f the record, the two drawings that you'd been referring to, the one is the existing exhibit that's identified as ~-1, which I think we marked as A-3, and then the other exhibit is C-1. MR. BEIdOSKY: And it's labeled existing conditions plan, and iL-'s dated 7/11/201.2, MR. TURNER: And if we could mark that as Exhibit A-4. (Applicant's Exhibit No. A-~ was marked for identification.) Prestiier Reportitzg, LLCM 1 2 3 4 5 6 7 S 9 10 11 17 13 14 15 16 17 18 19 20 21 22 23 74 25 Linda C', Larson, CSR, RPR, ('C,k, CRI 3 r? MR. TURNER: Are there additiaila7 capies of that exhibit available? MR, BENOSKY: That I didn't bring additional copies. I can leave this copy. MR. TURNER: I need you to leave that copy with township staff -- MR . BENOSFCY : Okay . MR. TURNER: -- 5o that we have a full set of everything when you. leave in case there would be a need of an appeal. Counselor, do you have any questions for this witness? MR. NZENlAN» Just a couple. * * * ~ CROSS - BXAi~INATZON ~ * * * ~r BY MR. NITMAN: Q. Mr. Benosky, Tim Nieman here for Route 114 Associates. All. right. Just so I'm clear, the increase in coverage is going to be on the back and north side of the property, correct? ~. Yes. Q. And that's the part of the property that abut my client's property, correct? A. That is cr~rrect . Q. Okay. Is there any discussion of putting .any P>rettlier Reporting, LLC 1 2 3 4 5 7 a 9 14 11 7.2 Z3 14 15 16 17 18 19 20 21 22 23 24 25 Llrrc3a C. l~ar~c~n, C'SR, RPR, CLR, CRI 31 retaining walls or ~~nything else back there that': riot. shown on your plan? A. Yes. There is a retaining wall in the back, and ~. t a. s shown an the plan . Q. Okay. A. It will replace the retaining wall that's there today. Q. Will it be larger? smaller? How will that compare in size? A. In same areas we're taking the retaining wall down. we're to the west portion of that existing wall. It comes down, .but the wall. remains as it comes around the corner. We are xasing it a couple of feet but not much more than that. Q. Okay. But there will be portions of that where it is raised though, correct? A. Yes. Q. A11 right. A. And portions that will be lowered and eliminated.. Q. Okay. And before Y forget, you are familiar with the site. 'You've been there a number a€ times, correct? A. That's correct. Q. And you heard the witness before you talk Premier Re~rting, LItC 1 z 3 9 S 6 7 8 9 10 11 12 13 14 15 16 a. ~ 18 19 20 21 22 23 24 25 Lirlc3~ C. fic~)'sc~rl, CSR, RPR, CLR, CRI 3~' about the four. entities that they had contacted about maybe leasing some space i.n that building? A . I ciid . Q. One of them was a Wolf'g F'urnit~re: store, correct? A. My recollection, yes. Q. And there is already a furniture store there, isn't there? A. Yes, there is. Q. Okay. the other thing that they talked. about was a Hobby Lobby store going in there perhaps, coxrect? ~,. Again, from my recollection of hie testimony, yes. Q. And isn't there already an AC Moore Hobby Shop and Craft Stdre there an the site? A. T -- MS. MAKOULIAN: Mr. solicitor, I'd like to just place an objection an the record to this line of questioning, because the length of leases or the existing relationship with tenants that are there today iN not known. That was not testified to. And, frankly, it's sort of irrelevant to the variance request and A'ir. Benosky's testimony. MR. NTEMAN: Your Honor -- MR. TURNER: I suppose -- well., do yoij want tee Premier ReparCing, I.i,C 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 za 19 20 21 22 23 24 25 Linda C. Lhr~sozz, i:SR, RPR, CLR, CRI 33 make your argument? MR. NIEMAN: Well, it's clearly xelevant because they have to show a hardship. And what we've heard so far is they contacted four people over the last seven years Lo try to get a tenant in there. And all the tenants that they contacted either have competitorN in thar_ area or they compete directly with Walmart, whether it's the toy store or the Babies R Us. So it's really no surprise that no one has leased that building if those are the only folks that they've as}ced to go in there. And it's clearly relevant on the hardship issue. MR. TORNSR: I think you made your -- do you have any other questions about -- on that line of -- MR. NIEMAN; No, that's it. MR. TURNER; All right. Y think we'll allow it, and the Board can determine of what relevance it is. MR . N IEM~T : Okay . ~~ rut . NIEMAN Q. Now, I~9r. Benosky, you prepared the application Chat was su~xnitted to the township? A. Yes, Z did. Q. Qkay. And you're the one who signed l:ha.t as well? A. Yep. Q. Now, there is only a letter from THE attached PrCmier Reporting, LLC 1 2 3 4 5 b 7 8 4 la 11 12 13 ~~ 15 16 17 18 19 2a 21 22 23 24 25 I.i nda C' . L~r Qn, CSR, RPR, CLR, CR I 34 to the application, correct? A. There iN a letter from THE', yes. ~. Okay. There wasn't a letter from Walmart attached to the application, correct MS. MAKOULIAN: There was. MR. BENOSKY: There was. MR. NIEMAN: There was. MS. MAKOULIAN: There was, MR. NIEMAN: Okay. It wasn't in the packet that I saw of what was provided. MS. l+9AKOULIAN; If I may., Mr. Solicitor, just to clarify for Mr. Nieman and for the Board. The application was sent by overnight mail into the township, and we did not have the Walmart letter until the day that the application arrived at the township. Sb we then e-.mailed it and sent a followup letter asking that it be made part of the application. so that may be why Mr. Nieman requested a copy of it, that it didn't somehow make it into the original package. But we do have an authorization letter from the Walmart entity that owns the Walmart parcel. It was submitted on time with the rest of the application. MR. TURNER; I don't think the Soard has seen that. Does the township have that letter? MR. BENOIST: I do not have a copy of that premier keporting, LLC 1 2 3 5 6 7 8 9 10 11 12 13 lA 1S 16 17 18 19 2U 21 22 23 24 25 Linda C. Lart~On, C'SP., RPR, CLR, CRI. 35 letter. MS. MAKOULYAN: I have additional Copie,. MR. TCJFZNER: Sure. If you could cis°ctilatc those, MS. MAKOULTAN: hQ2 . MAFFETT : D MR. BENOIST: Z (Handing . ) rtR. NzEMAN: Is Ms. r~A~ovLZAN: I need to find them. id you say you do or do not? do not have that. this your original? No. I think it's a color copy. MR. NISMAN: Okay. BY MR. NIEMAN: Q. All right. Mr. Benosky, now as z undcrstarld it, you're seeking a variance under 503.2 of the coning ordinance; is that correct? A. Correct. Q, And did you review section 503.2 before submitting the application? A. Yes, I did. Q. So you~re aware that section 503.2 says any dimensional nonconformity may be reduced by permitted use but nc7 extensions or enlargement of a dimensional nonconformity shall be permitted. A, That's correct. Premi.Cr Reporting, LL•C 1 2 3 4 5 6 7 8 9 I.0 11 12 13 19 15 16 ~. 7 19 19 2D 21 ?. 2 23 24 25 Linda C, r,ara<»~, {'SR, RPR, CLR, CRI 3G Q. Okay. Sn the current ordinance it's 60 perr_ent maximum lot coverage, correct? A, Can you repeat that? 4. The current zoning ordinance requires or only allows a 60 percent maximum lot coverage, correct? A. The Z-2 commercial district allows 6o percent lot coverage, correct. Q. And you're clearly trying to enlarge the lot coverage i.n this case over that 60 percent, correct? A. Yes, we are. Q. A11 right.. Now, the plans that ~: saw, arrd -- I don't know -- maybe on the amended plan it's different, but it didn't show the calculations that you used to come up with the lot coverage, correct? A. Tt dhows the percentages that we are -~- that we have existing and the percentages we have. in the propvuecl condition. Q. okay. And what property actually went into the calculations of the lot coverage? Because there are a number of different lots here, correct? A. There are. actually two lots. The shopping center lot and then there is a lot thal: makes up the WalmarL parcel., 4. Okay, So both of those lots were included? A. That's correct. premier Reporting, LLC 1 2 3 4 5 G 7 s 9 20 11 12 13 19 15 16 17 18 19 2Q 21 22 23 24 25 L,tlt3~ ~', t.ar.,on, CSR, RPR, CLR, CRT 3'3 Q. Were the smaller lots at the frr>nt c>f the property that have been subdivided Out, were thvse :included ~.n your calculation? A. NO. Q. Ao you knov: what the calculation would be if those lots were included in this? A, z do not. Q. Was there a reason that those lots were not included in your calculations? A. We were going by the historical land developments for the property, which included the original land development, which included that property as well as the walmart application which expanded the Walmart. Q. Didn't the original approvals include the parcels at the front? A. They had the parcels in the front, but they did not include those as far as the bulk require~nent~, such as parking and lot coverage and the like. Q. Do you know what the lat coverage is for just the Sam's parcel ox the portion that will be used as a Sain's Club? A. Well, there is no subdivagion line far the Sam's so, no, I don't. Q. Well, how about the portions that are lake -- they look like they're in a gray color, that have the Premier F2Gpcsrting, LLC 1 2 3 4 5 7 8 9 10 11 12 l~ 19 15 16 17 18 19 20 2i 22 23 24 75 L:iracta C. t.arsson, CSR, RPR, CLR, Clzl 3a parking and the gas pumps and those things, da you know what the calculations are far those portions? A. We11, without having a property ]at~P that defines those areas -- you need a base area to divide in the green area and the impervious coverage area. so without a lot line, no, we wouldn't have calculated that. Q. So you've done no calculations with respect to the parking areas and the area of the Sam's building and LYIe gas station? A. As I just stated, you need a property boundary to have abase area to get a ratio. So without a boundary area, there is nothing to calculate. Q. Would you. have calculated those, just those highlighted areas on there that's going to be the Sam's Grub parking and -- A. No, you can't, because you would be just including the impervious coverage of the parking lot, because the only Ihng that is a darker color that is impervious is the impervious surface. Q. Is there a plan to subdivide out the Sam's Club parcel if this is approved? A. That's a possibility, but that would be in the future for a land development application. Q. What discussions have there been about that? A. I wouldn't be aware of those. Premier Reporting, LI,C 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 ]. 6 17 1s 19 zo 21 22 23 24 25 Linda C, Larson, CSR, RFR, CLR, CRI 3~' Q. Who would be? A. The owner of the ground and Sam's Club. Q. Okay, And whenever you did the calculations and came up with the de mi.na.ma.s number, you base that upon the existing nonconformity right now as oppo:~ed to t}ie 60 percent coverage that's in the ordinance, correct? A. That is correct. Q. And would you agree with me that if you actually compared it to the 60 percent coverage in the ordinance, it's almost a SQ percent increase of lot average from what ~.s permitted curx•ently under the ordinance? A, I wouldn't agree with that. Q. You wouldn't. What percentage is it then? A. I don't have a calculator,. Q. ~a percent? A, I'rn not going to sit here and speculate ©n calculations with you. Q. Would you agree that it's not de mina.mus, though, if you're going from 60 percent coverage to roughly 85 percent coverage? A. You're asking me a hypothetical question. T,'~ti going from what was a legal use, it wa: legally approved, and what the increase from what's legally there. That is di minimus. Q. T'm asking what your opinion is, Ilremicr RPpnrting, LLC 1 2 3 5 b 7 8 9 1fl Ii 12 13 19 15 16 17 7.8 19 20 21 22 23 29 25 T_~inda C. Lar,~on, CSR, RPIt, CI~H, CSI 90 A. Right. You're asking the a hypt~therical opllllOn of. scametlzing that isn+ t per the ordinance . Q. Certainly. A. It isn't quite legally confarn~ing, so I'm not going to give it to you. Q. You can certainly answer them for your attorney but that's okay. How do you decide to use the existing nonconformity as the baseline? A. As I said a couple of times now, this was approved by the township with recorded plans. And the recorded plans showed the impervious coverage that was there. So in my opinion, my professional opinion, that's what was legally allowed on the propert}~. Therefore, an increase in what is legally there today would be the increase in impervious coverage. Q. Sir, are you aware of the :Pennsylvania court decisions L•hat say when you're doing a di minimus analyvi_~, you should use the existing coverage rata.o in the ordinance as a comparison point? MS. MAROULIAN: I have to -- first of all, I have to object. Mr. Benosky is not a lawyer. Secondly, I am a lawyer, and z have responded to that objection of Mr. Nieman in our written response where we have cited casel.a~~ as well. I do not think that that~s an appropriate question for an engineer. Oren+ier Reporting, LLC 1 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 2d ?.1 22 z3 z4 25 Li.nc3a. C. (.aYROI1, GSFt, RPR, CLR, CFtI 41 MR. TURNER: That's a 1ega1 argument. MR. NIEMAN: Qkay. A7R. TURNRR: Move on. BY MR , NT.FsM1~N Q. Nave there been any other designs considered for the 5am's Ciub to try to bring it within conformity of the zoning ordinance? A. As I said before, we looked at reduction .n parking and we reduced the parking to bring it to the minimum required variance that would work for the Center and the operational requirements of the Sam's Club au it relates to parking. Q. What stuff were taken or what was looked at in termN of reducing the size of the. building so that the number of parking spaces could be reduced? A. Unfortunately, with the Sam's Club, this is their prototype, and that is what they need to merchandise their store. They do this across the country, so that's the prototypical J.ayout. There is no smaller titore. Q. okay. So in other words, the requirement for the variance is necessary to meet the requirements of Sam's Club for what it requires for its stores, correct? A. z wouldn't characterize it like that. I would Characterize it as we have an existing shopping .center. We're putting in a prototypical Sam'a Club, and we're trying Premier Re~~rt-ing, LLC 1 2 3 4 5 5 7 8 9 ]. 0 11 12 13 14 15 16 17 18 19 2b 21 22 23 24 25 Linda C. Larac~n, t'SR, RT~R, C'i,i~, CRi •i J to meat the requirements of the store, the existing csperating shopping center, and the ordinance. Q. But that's the smallest stare that a ram's Club will. permit, correct A. Aa I said before, yes. Q. All right. Have you talked to Sam's Club about trying to make it any smaller than that? A. That would not be my call. Q. Whose call would that be? A. Somebody in a higher pay grade than I, Q. Would it be possible to develop the site for any other use that could conform with the Qrdinance? A. Could you repeat. your question? Q. Sure. Would it be possible to redeveltsp that portion of the site to put it in conformity with the ordinance? Could you put some other sort of building up there that would allow for the 50 percent coverage ratio? A. Tn my opinion, yes, Q. Okay. MR. NIEMAN: That's all I have. Thank you. A4R. TURNBR: I was going to say that we recognized Mr. Nieman, and there axe a lot of other people in the audience. And why don't we -- so would you identify yourself? MS . GEMNIILL ; Good evening . My name a. s Helen PY.en1LCY. E2eporYing, LLC 1 2 3 4 5 G 7 8 9 10 11 7.2 13 14 15 16 17 18 19 20 21 22 23 24 25 t,ricta C. [,arson, C'SR, RPR, CLR, CRI f :{ Genmtili , and I am counsel for Giant Food StoreN, I,T~e~. With me tha_s evening is Todd Robinson, the director of real estate, an:d we are here in opposition to this plan. I just have d couple of questions for Mr. Benosky, if it v~ould be appropriate for me to ask them at this time. MR, TURNER: And where is Giant FoodN' property in relationship to this? MS. GEMM~LL; The Giant Foods Store is currently located -- it's leased property directly across x.14 from the location of Sam's Club. It is also currently the tenant of the Marshall's and AC Moore space. That's a lease that is not yet expired and Giant is the landlord, the sub landlord to AG Moore and Marshall's. So it has leased its property both within thus shopping center and also leases property directly across the street. MR . TURNPsR : Okay . cROS 3 - EXAMINATZC~N ~ ~r * ~ BY MS. GEMMILL: Q. Mr. Benosisy, just a couple of questions for you. You ntenta:oned that the ordinance permits design improvements that you meet that would allow greater impervious coverage. You have not proposed any design improvements far this store that would allow more impervious Premier Reporting, LLC 1 2 3 4 5 6 7 S 9 10 ii 12 13 14 15 16 17 18 ]. 9 20 21 22 23 24 25 Linda C. LciYt30Ii, C:SR, RT~R, C'LR, CRI ~~ coverage than the GO percent under the current ordinance; is that r..orrect? A. That's correct. And my testimony eras rc:lal.ed to the fact that the ordinance does allow for an increased impervious for this zone. Not that we were following that avenue for that relief, it's just that that is something that's allowed by the ordinance under certain conditionv. Q. That's not something that you're seeking here? A. No. Q. Okay. And so that I'm clear on the difference, The current ordinance allows 6U percent. impervious coverage. You're proposing 83.2 percent impervious coverage after the Sam's Cluii is c©nstructec3. So that is a difference of 23.2 percent; is that correct? A. That is correct. MS. GEMMILL: Thank you. That's all I have. MR. TURNER: Sir? MR. FREEDMAN: I'm Gil Freedman. T'm a resilient of the township, 49 Sample Bridge Road, Mechanicsburg. And I'm also active in the Conodoguinet Creek Watershed Association. One of the big. problems with the quality of the Conodoguinet is the condition of imperv~.ous surfaces throughout the watershed, which is most of, the county, T have a question for you. MR. BENOSKY: Yea. Premier Reporting, LitC 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. Larson, CSR, RVl~, C'LR, CFI 4', MR. FREEDMAN: If you were to acquire the priuti.ne space to the north, which I would guess i~ 30 acres, that would change the denominator of your ratio alld possibly bring it down to the original ordinance cif, what:, 60 percent impervious surface, would it not? MR. BENOSItY: I can't do that math in my head. But.- if you add additional land, wherever that land may be and it's a7.1 green area, that would change the denominator, yes. MS. MAICOULZAN; Well, excuse me. I'd just like to clarify for the redard. Mr. Freedman said it would bring it back to the original ordinance requirements of 60 percent. G0 percent is the current ordinance requirement. It certainly was not the original requirement, which is why we are legally nonconforming.. MR. TURNER: Any others questions, Mr. Freedman? MR. FREEDMAN: No. Thank you, MR. TURNER: Are there any other attorneys in the audience who are entering their appearance far this ca;F tonight or anybody or anybody else who wishes to partici~te in cross-examining any of the witnesses? Yes, sir? MR. SNYDFR: Jeff Snyder, 8 Creek Road, second house on the west side -- I'm sorry -- east side of the site. The original picture looks and shows a lot of green Premier Repcartiny, I,I.,C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~. 7 18 19 20 21 22 23 24 25 Linda C. i,arsan, C'SR, RPR, CLR, CRI 4G on the east side of the building. And the proposed change shows very little green between the road that goes down to the pumping station and your parking lot. is that just a visual thing that the math would show out or you have to come in over into the grass closer to that? Thus the parking lot would be C1flseY to our houses. And if ;a, will there be some kind of noise law or something built that would be keeping your noise over there, not your noise, sam's club's noise aver there versus coming over to the housing? Thank you. MR. BENOSKY: Sure. A cr~uple of questions in there. het me see if I can answer it. We are, in fact, developing the land that is part of the shopping center that's coming closer to that eastern property line. We are within our setbacks and our buffer areas, So we're leaving the buffer that's required, actually a little bit more than what's required. There will be a retaining wall along there, and we did have conversations with the Board of Supervisors and the planning commission about some sort of fence above the wall, something that would attenuate noise. So we haven't gotten to that paint in our design at this point. If we're successful here, we would continue on with engineering and that would include storm water, you know, our site design, the fencing, the landscaping at the next Premier Re~~ort;ing, I.i.C 1 2 3 4 5 6 7 8 9 10 11 a. 2 13 14 15 16 17 18 19 ?. 0 21 22 23 24 25 Linda C. Larson, CSR, RPF~, t'.E~E2, CRI +l 7 stage, So this is step 1. That would be step 2, buC 4.~e will be addressing that. That was sometha.ng r_hat the Lioard was very concerned with and the planning cornmissa.on was concerned with. MR. SNYDER: I'm sorry. One more question. And how far would the gravses be coma.ng over, do you know that? A4R . MR. MR. MR. would guess, from station to the ed+ MR. Clr~ser. BENOSKY: SNYDER: BFsNOSKY; SNYDER: the road le cif the BEN~SKY: MR. GAUTNSY: taking aJ.l of it off? MR. SNYDER: your pxcaperty and road go MR. TURNER: MR. GAUTNEY: MR. TURNER.: MR. GAUTNEY; MS. GAUTNEY: Mk. GAUTNEY: How much further? Right. Probably -- Because we have about 20 yards, I that goes doE<an to the pumping road. Y would say 40 to 50 feet In other words, you would be There would be much grass bc:Lweeri ng down. Okay. Yes, sir? Howard Gautney, 6 Creek Road. What was your name again? Howard Gautney. G-a-u-t-n-e-y. When you move this over towards Premier Reporting, LLC 2 3 4 5 6 8 9 10 11 32 13 34 35 16 17 18 39 20 23 22 23 24 25 Linda C. Larson, f'SR, 1ti~R, CLR, CRI 4 £3 the road that goes down to the pumping station, I guess it's an extension of Creek Road. But anyway, the wall than you're putt~.ng along there, it's just a retaining wall so that you can backfill. Then you're putting a sc~-called fence, which would be starting right at lot level where your paxking lot would be. Well, it's kind of confusing. Z was under the impression at the last meeting -- let's put it this way. You said about a wall that was going to run parallel to this road. Now, then you said about a sound proofing fence or fence to cut the noise dawn. Now is that -- how high is that fence going to be and haw high is this wall? Ts the wall just coming up so that you'd be at grade level? That would be -- MI2. BEN©SKY: Essentially what we're doing a_:~ that area slopes off now. So we would be putting a retaining wall in so we could backfill. MR. GAUTNEY: Okay. MR. BENOSKY: The details of the height of the wall, the details of whatever fence that we did, those aa-e just really just discussions with the planning commission, and we actually met. The Board of Supervisors meeting we were at and then we went to the planning commission and actually had some more conversations about this. And, again, I haven't designed any of that yet. And our plan was actually to reach out to you, the [premier Repc~rtinc; , LLC 1 2 3 4 5 5 .~ 8 9 ~. 0 11 12 13 14 15 16 17 18 19 20 "l 1 22 23 24 25 Lanc3a C'. Lzr~on, CSR, RPR, C:J,X, CRI qu planning commission and -- or the Board of Supervisors and the planning commission and ask that we, you know, reach out to you when we started to design this, which we hav~:n't yet. This application, you know, is related to L-he impervious coverage, We're meeting buffers, ou~~ Wetbacks, and things of that nature. So as we get into this design, you know, we'd like to sit down with you and talk to you about what we're doing and your neighbor and -- MR. GAUTNEY: Yes. MR. BENOSKY: -- and make sure we're addressing your concerns. MR. GAUTNEY: Okay. But we do have a noise problem oyez there fr~tn the. existing Walmart. And one of the main things is, other than the truck noise, is the units that are on the roof. It'e a eortstant brrrrrrr all day long. And whenever the temperature is up and, of course, these thirxga are kicked on even higher, I guess, and we're sitting back listening to this all day long. So it is a problem with noise, noise wise. And existing tree wise that they have and the small fence that they have up -- it's about a six f©ot high fence -- it does nothing for noise wise. All ra.ght„ Thank you. MR. TURNER: Just so everybody in the audience understands that- the purpose of tonight's hearing is only with regard to the impervious coverage question, and then Pre~t:ier ReparLi.ng, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 za 21 22 23 24 25 I~inC1a C'. Larson, CSi2, RRR, CLR, CRI 56 there is, I think, a request for some relief with regar~c3 to signage. There is a -- there are a number of ether steps thar_ this, regardless of what this Hoard decides tonight, there are ether steps that the applicant must go through. in front of other people at the townsha.p where those other concerns become mare of an issue. Some of the things ttiak you're raising are not things that this Board has try wrestle with, fortunately, for this Board. MR. GAUTNEY: All right. MR. TURNER: Ma'am? MS. GAUTNEY: Sally Ga~tn~ey from 6 Creek Road. Z have a question and maybe I have the wrong board, maybe Mary Lou can answer me. Our zoning or cur -- when we get a uariance, had that Lowe's building not already had a variance to enlarge larger than the -- than it was supposed to be from original? Then if they tore that down, it had to go back to an original of whatever you were allowing as far as building put up? MR. TURNER: I don't know that -- MS. GAUTNEY: Lowe's got a variance for that, did they not? Are they not larger than what they were supposed to be, what you are allowing .for? MR. TURNER: I think that's before my Lime representing the Board. MS. GAUTNEY: Well, I'm sure it was. I'm Rrcmier Reporting, 1,LC 1 2 3 9 5 fi 7 8 9 14 11 12 13 14 15 16 17 38 19 20 21 22 23 24 25 Linda C. LaYaUn, CSR, RPR, CLR, CRI 51 MR . T[IRNER : Arid I think I ' ve been representing this Hoard Langer than anybody w~~o is hcrc tonight. ACTING CHAIRMAN FRANKLIN: The rest of us. MR. TURNER: Certainly nobody here has that institutional memory. I know our zoning officer does not have that. T don't know whether -- MS. PIERCB-MCLAIN: I do, Jim. MR. TURNER: -- the supervisors are aware. MS. PIERCE-MCLAIN: They were given a variance to add that plant center that they put on there. MS. GAUTNEY: So if they demolish the building, are they not supposed to go back to or they Y1<ive to apply fox a whole new variance for tYieir's is what they're doing now? Because if you demolish a building,. are you not supposed. to go back to your requirements? MS. PIERCE-MCLAIN: I need an authority from the law on that one. I have no idea if they have to do that or not. MS. GAUTIJEY: Well, because -- MS.. PIERCE-MCLAIN: But z do remember when we gave them permission to put that plant center there. MS. GAUTNEY: Were you not here for. the original development of that Silver Spring Commons, rzotle of Premier Rep©YCiny, LLC' Linda C. Larson, CSR, ft~'it, {'i,k, {'RI J 2 3 4 6 7 8 9 10 11 12 13 1~ 15 16 17 1.8 19 20 21 22 ?. 3 24 25 you were here? MR. MAFFETT: No. MS. GAUTNEY: So none of you are familiar with the engineer that desa.gned it and reviewed his own plans? That never came up as a conflict of interest and so, therefore, that's how we got large pipe into the Conodoguinet Creek. We also have theix surveyors go down through our property. They thought they were going to go through our property and run their storm water off and a.nto ~~ the cxeek. So you have to be very aware of what ydu're allowing to go on. Because once they get one step in the door, we pay as residents. And we are way too close to put up wiL-h anything more. '92 was really terrible when Walmart -- I have videos of them blasting and what they dad aver there. So be very aware of what a resident is putting up with when you start. And when they put those gas pumps in, if they get their way, we're all going to suffer. That's on top of them. We're already aware of that. Thank you. ACTING CHAIRMAN FRANKLIN: I have another question, sir. MR. BENO$KY: Sure. ACTING CHAIRMAN FRANKLIN: AS T'to looking at the drawings here, I"m picking up on some of the sections Premier Re~;orY_ing, LLC 7 2 3 ~1 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 2~ z ~t 25 Linder C. T~ar.srni, CSR, RPR, CLR, CRT 53 about green space and the road going back to the_ pumping station. Help me understand the rationale car reason behind the addition of the parking spaces where the old garden. center used to be. MR. BENOSKY: Part of the Sam"s Club, what they call the vestibule, the main entry point is l.ocatPd nn the right-hand Sine. So when we look at proximal parking apaces to that entry point, we really look at the size here, We also have loading and unloading and we have the fire and battery area on the aide. So the side parking is very important to the operations of the Sam's Club. ACTING CHAIRMAPT FRAI~TKLZN ; Do you need that much side parking though? MR. BENOSKY; We actually looked at that with the reduction in the parking, as we were going in front of you, to reduce the parking ratio. And this was very important to them. We know there is some concexna with tie residents and that's why we met with the planning commission and the Br~ard. We agreed that we would go do some extra planting-and extra fencing and., you know, things of that nature to address it all. We are within the setbacks, within the buffers, that are required along that property. I know that there is an ordinance requirement that there is a practical end of it. sam's Club has told me that whatever we need to Premier Reporting, LLt' Linda C. Laisc~n, L'5R, RF~R, CLR, CRI ~~4 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 do to help, you know, attenuate any 3.mpact that we have, you know, we're going to work on t}jat» ACTING CHAIRMAN FRANKLIN: Thank you. MR. TURNER: Any other questions for Mr. Benosky? MS. MAKOULIAN: May I have a Couple on redirect? MR. TIIRNER: Sure. * ~ ,~ REDIRECT EXAMINATION BY MS» MAKOULTAN: Q. Ms. C~emmill asked you about the ordinance provision that permits an increase to 8t1 percent lot coverage if you meet certain architectural guidelines; is that correct? A. Yes. Q. And she also asked, and I believe you answered in the negative, that we're not speaking that. relief here tona.ght; is that correct? A. Correct. Q. Thexe ~.s already more than 8U percent lot coverage on this property, correct? A. Correct. Q. So it wouldn't make any sense for us to go to Preti~i.er Reporting, LL•C 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2d 21 22 23 24 25 l,itxla C. Larson, CSR, RVK, C't,R, CRI a3 t: the Board o~ Supervisors and ask fox 80 percent lot coverage, would it? A. That's correct. Q. All right. And Mra. Gautney just made some: statements on the record the nature of which appeared to be an objection to the use of the property, in particular the gas fueling area. You reviewed the ordinance; is that correct? A. Yes. Q. Are all of the uses that are proposed permitted uses? A. Yes, they are.. 4• We're only seeking a dimensional variance; is that correct? A, That's correct. MS. MAKOULIANc Thank you. ACT?.i~TG CHAIRMAN FRANKLIN: Axe there any other ~~estion~? MR. BENUSKY: Thank you, MR. SNYDER: I have. ACTING CHAIRMAN FRANKLIN; T'm sorry. Question? MR. SNYDER: Would it make better use of the land if. the blueprint was flipped sv that the main vestibule would be on the left side of the building and then you Premier Reporting, LLC I 3 5 6 7 8 9 10 11 12 13 14 15 16 17 ~. 8 19 20 21 22 23 24 25 Liritin C. Lar,ort, CSR, RPR, Cf~H, C'RI !i 6 wouldn't be covering that green between the road to the pumping station and the current flower garden edge, whatever? There is a nine grass section. And then you're leaving that part open and then you said flip it. And then you also, I believe the back right corner is going to be where your fire replacement stuff is. So additional noise from all the air pumps and stuff that they're using to take wheels on and off would be over on the other side and not aiming towards residents. MR. BENOSKY: That was something that came vp at the Board of Supervisors and the planning commi:f4ion, something we ].coked at, If we did flip the building, we would have all the loading. 'There are five loading docks on the side of the building here, and you have a lat more truck access, Yau have access to the compactor. It would be slid over. Tt wouldn"t stop, because we would still need to do the same sort of parking on the side to meet the parking requirements. MR. SNYOER: All right. ACTING CHAIRMAN FRANKLIN: okay. MR. SNYT?ER: Thank you. ACTING CHAIRMAN FRANKLIN: Thank you, Mr.. Benosky. MS, MAKOULTAN: We have one more witness, Larry Craighead, f~remier' Rep~Ytinr, I~f.C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. Lar~soil, C'SK, RPR, CLR, CRZ 57 MR. TURNER: Jtxst make sure you don't run away with Exhibit C. Ms. MAKOULIAN: I won't let hint. ACTING CHAIRMAN FRANKLIN: Proceed, Counselor. LARRY CRAIC31EAD, a witness in the above-entitled action, called as a witness by the Applicant, and having been first duly sworn to testify the truth, the whole truth, and nothing but the truth in answer to oral interrogatories propounded to him, testified as fellows: * * * * ~ DIRECT $XAadINATTON (As to Qualifications) BY MS . MIAK{)ULIAN Q. Would you please state your Warne and address for the record? A. Larry Craighead. My business address xs 211 North Record Street, Suite 222, Dallas, Texas 75202. Q. Please briefly describe your educational background and professional experience_ A, I obtained my Bachelor of Architecture degree from the University of Tennessee in 1982. I'm a licensed architect. I obtained my first registration in 198'/. 1 attained in 2002 my registration in the state of Premiez Rep~srtinc~, LLC 1 2 3 4 6 7 8 9 14 11 12 13 14 15 16 17 1$ 19 ?. 0 21 22 23 24 75 t.nda C. Lar~an, CSR, RPR, i'L.k, CRI ~i Ei Pennsylvania. I'm currently registered in 29 state. z have been practicing for 34 years now providing architectural services in the nature of. building design, ent~.tlement, construction document preparation, permitting, and construction observation. Q. In your professional experience, have yoti worked on shopping centers, development projects, and in particular projects with large retail stores like the proposed Sam's Club? A. Yea. I've been a consultant to wa7.mart, sam's Club, for 20 years, In the last 15 years I"ve had the responsibility of maintaining their Sam's Club prototype construction documents. I also provide full architectural services for the new Sam's Clubs-that are cOnNtructed throughout 'the U.S. Q. And have you testified before other municipal boards and offered testimony as an architect? A. Yes. MS. MAKOULIAN: I have Mr. Craighead's resume -- I forget what number we're up do -- ~,-6 (sic - A-5}, I'd like to submit. (Handing.} MS. PIERCE-MCLAIN: Thank you. (Applicant's Exhibit No. A-5 was marked for ideritifiCat].On. ) Premier Reporta.ny, LLC 1 2 3 4 5 6 7 8 9 14 I1 17. 13 I4 15 16 17 18 19 20 21 22 23 29 25 Litld~ C. I.at-~c-~n, CSR, RPR, CLR, CR7 S ~3 MS. t~IAKOULIAN: I would ask that M1.'. Craighead he recognized as an expert in architecture. N'1R. TURNER: Counselor, are there aizy questions regarding -- A1R. NIEMAN: I don"t have any questions. NU objection. MS. GEMMILL: No objection. MR. TURNER: Thank you. * ~ ~ ~ AIRECT EXAMINATION *~~* By MS. MAK~OIILIAN: Q. Did you review the zoning application that is the subject of the hearing tonight? A. Yes. Q, And. did you prepare the building signage and fuel area signage package, fill out the plans, that were submitted as part of the application? A. Yes, I did, Q. And are the plans that have been mounted on these boards the same plans that were submitted with the application? A. Yes, they are. Q. In your preparation of the signage plans, did you review the Township Zoning Ordinance? Pr.eali~r Reporting, LLC 1 2 3 9 5 6 8 9 10 J.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. L,arr~ota, CSR, RPR, CLR, CRS 64 A. Yes, I did. Q. 7n your preparation of the signage plar>> anc3 preparing for your testimony tonight, have you visited the property? A. Yes, more than once, Q. Could you please describe the building sa.gns that are proposed for the new Sam's Club stare? A. Yes, We have seven signs proposed total. Two of those signs are the Sam's Club logo signs, and then we have five intoz'mational directional signs as well. The Sam's Club logo sign are located on the front elevation facing Carlisle. The larger of the two, the Sam°s Club sign over the vestibule., is a 10 by 10 panel. It's internally illuminated. So the total square footage of that sign would be a hundred square feet , We also have a second logo sign at the left-hand .side of the front elevation. That would be visible as you drive north on Sporting Green llrive. That i.s an 8 by 8 panel. It is externally illuminated, and the square footage of that sign would be 64 square feet. We additionally have an informational panel that's located to the left of the vestibule entrance that is an S by 8 panel. It's not illuminated. The total area is 64 square feet. And the text on that panel is -- includes the words pharmacy, optical, photo, and tires. We have then Premier Repor.ta.ng, LLC 1 3 4 S 6 7 8 9 ~_ 0 11 12 13 14 7.5 16 17 18 19 2D 21 22 23 24 25 Linda G. L8160I1, CSR, RPR, CLR, CRI ~1 four informational vigns that are constructed of v~hite channel letters. They're none illuminated. The firNt of those is located on the a°:i.ght elevation to the east above the service stores and those channel letters read tire installation. That sign is ten feet four and a half inches in length by one foot one and one eighth inches in height, has a total area of. 11.33 square feet. Over the vestibule entrance stores, there is a sign that reads welcome. That sign is six feet one and three eighths inches in length by one foot one and one eighth inches a.n height. It has a total area of 6.68 square feet. Ad~~cent to that over the exit door.; i.g a sign that reads exit. That .sign is two feet five -- two feet five inches in length, one foot seven eighths inches in height, with a total area of 2,59 square feet, And finally at the loading canopy, there is a sign that reads loading area. T2ze sa.gn is eight. feet na.np and three eighths length by one foot four and three quarter inches in height with a total area of 12.26 square feet. Q. What is the total square footage of all of the proposed bua.lding signs that you just described? A. The total square footage is 260.86 square feet. F~remier Reporting, Lt,C 7 2 3 5 G 7 8 9 ]. 0 11 12 13 1~ 15 16 17 38 19 20 21 22 23 24 25 Linda t'. Larson, CSR, RPR, CI~1~, C_RI G? Q. How many signs are, building signs, are permitted under the zoning ordinance? n, Per section 3,13 of the zoning ordinance, an anchor tenant is limited to ane sign per side faeinc~ the street with a maximum of two sides. ~. And what is the total square footage of building signage that's permitted under the zoning ordinance? A. The ordinance allows 275 square feet. Q. So even though Sam'$ Club is proposing more. than twa signs, the total square footage being proposed is less than the total square footage that's perniitted; is that correct? A. Yes, that"s correct. (?. why are the five additional signs necessary? A, 'The five additional signs serve as either. informational or directional signage, and it's critical to the customers to know what services the store and club provides. And it's also critical that the customers be directed to the proper area of the building. Q. In your opinion, are the proposed building signs appropriate and customary for a retail building of. this size? A. Yes, in my opinion, they are. These are the prototypical signs fvr Sam's Club. And looking at retail in PremlCr Reporting, LLC 1 2 3 4 5 6 7 8 9 10 11 12 ~.3 14 15 16 17 18 19 20 27. 22 23 24 25 Littd~ (.'. I~~rs~n, CSR, RPR, CLR, CRI 63 this corridor, this seems to fit perfectly o~- very well iu the context of what you see in the area. Q. pkwy, I'd like to move to the proposed signs at the gas fueling area. Would you please describe the proposed gas fueling area signs for the record? A, Sn the gas fueling area, we've got a total of 1G signs. They're all Sam's Club logo Nigns. Can the: canopy structures that's located here on each face of that canopy, some four signs. There is a Sam's Club logo. That sign is seven feet 11 and five eighths inches in length by two feet four and five eighths inches in height with a total area oI 19.01 square feet. Additionally at each of the pumps, and each pump has two faces, there are six pumps. So I'm talking about 12 logo signs. They're located on the face of each pump. Those signs-are one foot eight inches and five eighths or cane foot eight and five eighths in length by cane foot seven and three. eighths inches in height. The total. area of 2.78 square-feet. Q. How many signs are permitted for a principal freestanding use under the zoning ordinance? A. The zoning ordinance, again, per section 3.13 for a non anchor freestanding use, permits two signs per principal use, but only one sign per wall, Q. So why are the proposed signs necessary? Pt°~mi.er Reporting, LLC 1 2 3 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. Lax~on, CSR, RPR, CLR, CRI 6 ,~ A. As way shown in the civil. site plan earlier, the fueling station is centrally located on the side, we have vehicular traffic possibly coming Erom any dir.PCti~n rr~ the fuel station. So we're providing signage on each face of the canopy to identa.fy fuel station. Q. There is no freestanding pole or larger structure with prices on it, is there? A. Na, there is no other signage provided other than what's shown in this document. Q. And the signs that are pxoposed on the pumps. themselves, are those typical branding signs? 1~. Yea, they are. If you look at Giant or any other fuel.zng station that you see in the township, it i, very much common industry standard that you brand the fire puatp face, the fuel pump face. Q. So would you say that, in your opinion, the proposed gas fueling area signs are appropriate and custorttary for a gas fueling Facility? A. Yes, they are. Q. in your opinion, will the grant of the signage variances that are being requested alter -- requested alter the essential character of the gone or neighborhood in which the shopping center is located or impair the use or development of adjacent property? A. No, I don't believe it would. lt's, again, Premier Reporting, LLC :~ 3 9 5 6 8 9 10 11 12 13 19 15 16 17 is l~ 20 2 ]. 22 23 24 2S Linda C. [,c1Y33ptt, C.'SR, RPR, CLR, CRI vti consistent with what T see in a commercial coxridor, Q. In your. opinion, will the grant of the aignage variances in any way be detrimental to the public welfare? A. No. The area that we're requesting fo~~ the logo signs is certainly within the ordinance and then you look at the additional information and directional signage that tends to wank in the interest of the public, It's a courtesy to help lead customers to the c©rrect area of the building. MS. MAK+~tILZAN: That concludes otir direct. testimony, and I would respectfully request that the exhibits we've presented be entered. into evidence. MR. TURNER: Let's first let's see. if there is any cross for this witness or questions from the Board first, MR. SOKOL(3SKI: Are these signs, the sizes of. them, are they required by Sam's Club for a sign? MR. CRAIGHEAD: That's they're standard prototypical sign package, yes. MR. SOKQLOSRI: And the luminaires, haw much luminaires are we going to be prr~jecting with these signs? Starting with the building, how bright are they going to be? MR . CRP,IGHEAi) : I don' t have the information on the lights. They're cutoff lights. They're projected, of course, illuminating the sign itself, I'd need to get Pr.Cmier Reporting, LLC 1 2 3 4 5 G 7 8 9 10 11 12 13 14 ~. 5 16 17 18 19 20 21 22 23 24 25 Linda C. Lar~c~n, ('4k, CtPR, CLR, CRI G6 specifics if you want that. z don"t have thar_. MR. SaKaIASKI: T'm talking about the building, 1 was going to ask the same question. It looks lil{e these aren't illuminated signs. These are lit. MR. CRAIGHEAD: These are externally illuminated. On the building, we have the large diamond sign over the entrance. That's an internally illuminated panel. And then the second diamond sign, this is also an externally illuminated .sign. MR. SC1K4L4SKI: You don't know how much light they're going to he projecting? MR. CR.AIGHEAD: Z don't. MR. S~OKaLOSKT: How often is this store going to be open'? Is it a 24/7 operation or a -- MR. CRAIGHEAU: It's from 9 in the morning to 8 at night. MS. MAROULIAN: MR, CRATGHEAU: MS. MAKOULIAN: You know I may have this. with MR. GRATGHEAD: is one fox business customers later it opens, which I think membership, then it closes at MR. saxaLOSxI: It is -- zs it 10? I believe it's from 7 a.m. me. There are two openings. There early in the morning and then is at 9 or 10, f.or the norms].. 7 or 8, 9. The store and the fueling F~retnier Reporting, LLC 1 2 3 4 6 7 8 9 to 11 12 13 14 15 16 17 la 19 20 21 2?. 23 24 25 t,nd~~ C. Larson, CSR, RPR, Ci,R, CBI F7 or -- MR. CRATGHEAD: members only fueling station. fueling station closes. MR , saxozaosx a.m., you're not open. If I' in and get gas. MR. CRAIGHSAD: MR . SOKOL(~SKI Yes. The fueling stat_ot~ is a So when the ~~ore c:l~ses, the: So if z'm coming home at ~ m a member or not, I can't pu11 No. Okay, So will the lights go out then? Iw4S . GAUTNEY : No . MR. CRAI~3HEAD: I need to clarify that. I don't know if theyire going 24/?, MR. TURNER: Did I understand you correctly that canr~py signs axe externally illuminated? MR. CRP.IGHEAD: Yes. On the fueling station and these Signs are externally ~.1luminated. MR. TURNER: Where? MR. CRAIGHEADs There is a white har above that. MR. TURNER; Okay. So -~ ACTING CHAIRMAN FRANKLIN: Look at there. MR. TURNER: All right. ACTING CHAIRMAN .FRANKLIN: Hvw are yc~u controlling traffic going into and out of the fueling Premier Reporting, LLC 1 2 3 4 5 6 7 8 9 ~. 0 11 12 13 14 15 16 17 18 19 2d 21 22 23 24 ?. S Linda C. Lart~ori, CSR, Rt'!t, CLR, CR.I G ti station there? MR. CRAIGHEAD: Do you want to discuss the traffic end of the fuel station? MS. MAKUULIAN: It's probably a more appropriate question for Mr. Benosky. We can call him back up if you"d like. ACTING CHAIRMAN FRANKLIN: Yes. MR. B$NOSKY: Referring to A-3, which is our zoning plan, we haven't fully flushed this out. We've had discussions with your engineer who has actually asked us to make that a one way circulation and close off one of the entrances along the back here. So we are. going to change that design. It will be one way access in. There was concern about the intersection of the main drive aisle between the Sam's anal the Walmart anc3 then the access off the s3.gnal. 5o we hail some ideas. We had. some goad dialog, and we agreed to make it one way. How we actually close off some of those access points is yet to be determined. But. it was something that your engineer felt strongly about. We were fine with it. Took it back to Sam's Club and they were fire as well. ACTING CHAIRMAN FRANKLIN: Okay. All of the -- going back to Mr. Craighead then, all the signage -- thank you, Mr. Henosky. All of the signage that you have here is going to be pretty much on the canopies or on the Premier Reporting, LLC 1 2 3 4 5 6 7 8 s 10 17. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. Laraott, CSR, RPR, CLR, CR ~~ pumps. 'there wouldn't be any signage outside of the puntpiny area related to the filtration; 3.s that correct? MR. CRAIGHEAD: That's correct, on the canopy or on the pumps. ACTING CHAIRMANd FRANKLIN: Okay. MR. SpKOLOSKI: No directional signage, Z guess. ACTING CHAIRMAN FRANKLIN: All right. MR. MAFFETT: I don't have anything. ACTING CHAIRMAN FRANKLIN: Questions, Counselor? MR. TURNER: Questions. Counselor? ~ * * ~ ~ CRO$$~EXAMZNATION BY MR. NzEMAN: Q. With respect to the signage, is that r_h minimum amount of signage that Sams Club will allow with respect to this site? A. This is their prototypical sign package for the fueling station. Q. Okay. So the variance is necessary in order to meet the requirements of Sam's Club, correct? A. We're asking for their standard signage. MR. NIEMAN: Thank you. Premier Reporting, LLC 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t,inCia C. Lar~c>u, c'-~~, RPR, Ci,it, C'1tI ~o MS. GEMMILL: No questions. ACTING CHAIRMAN FRANKLIN: Any questions frr~m L-he audience? MR. S©KOLOSKZ: ©ne. I have one more. You gave us the square footage that we allow of 275 feet, and you're under that even though you have more signs on the building. What do we -- I don't have my verify book wa.th me. What do we a11ow on a freestanding? On a gas ;station, what square footage is allowed? MR. CRASGHEAD: There is. It's 75 square feet per sign, and you're allowed two signs. MR. SOKOLOSKI: And we have how many square feet? MR. CRAIGHEAD: We have on the four logo signs on the canopy there is a total of 76.04 square feet. I don't know if you want to consider the pump signage. That seems to be a branding element. MR. SOKOLOSKI: Okay. ACTING CHAIRMAN FRANKLIN: All right. Any or_her questions from the audience? Sir? MR. GAUTNEY: Howard Gautney, 6 Creek Road. The gas pump, this is for 6am's Club members only, right? MR. CRAIGHEAD: Correct. MR. GAUTNSY: And you're going to have a one way, otherwise a one way in, one way back out the same way. Premier Reporting, LLC 1, 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 2~ 25 Linda C. LaYSUn, CSR, RPR, CI.K, C'ItI -r why would you need aignage all the way around it? If it's Sam's Club members only, they know where -- they recogni2e that, They don't need a sign on every corner. Next question is your tire and battery b~iy;~. You said about having a sign above them. When you go into this store and you're going to purchase a tine or a battery far your automobile, that associate can't tell you where to go. You have to have a sign out there that"s lit up. zt just doesn't make any sense to me that you're needing a sign. MR. CRAIGHEAD: That was not -- MR. GAUTNSY: And even with. that sign, according to the way this plan is, othex than the fact that if you weren't parked over on the right-hand ;a.de of the building, you aren't going to see that sign anyway. MR. CRAIGHEAD: The sign is not illuminated.. It's just a non illuminated channel letter. The customers that come in the fire area $o not necessarily always go into the store first. If you have a fire repair of some nature, you can come directly to the tine center and do that repair or a battery replacement, which is also part of their service. So it's typically customers that park there on the side and enter in that side door to be serviced as more or less a separate service area from the rest of the store. Everyone experiences the store for the first time once. Premier ReptirGing, LLC 1 2 3 4 5 6 7 B 9 la 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 I,~7ula C, Larson, CSR, Ri'I2, CLR, CRI 72 MR. GAUTNEY: Wouldn't it be more t~c~nvenierat on that informational sign that you stated that it would be on the front of the building, to put the location where your tire and battery center is? MR. CRAIGHEAD: I don't know it I can argue what's chore convenient or better. This is vrhat'~ wor.kPd for Sam's Club. This is -- MR. GAUTNEY: Tt just seems like a.t's an awful lot of signs for one business. Why don't they just go out to the parking lot? MR. CRAIGHEAD; It's worked for Sam's C'Iub Lc~~ a long time. I know there are arguments that can come up as to whether it's appropriate or not. Everyone expera.ences the store once. When you come to the store that first time, it's helpful to know where to go. Even for those that have disabilities or the elderly, they need to know where thc: entrance is. They want to park there. 3o there i.s communication that's happening. It's simple signs. The.y're well placed, acid they have a history of working. ACTING CHAIRMAN FRANKLIN: Any other questions from the audience? Sir? MR. BENOIST: Sir, Mr. Craighead, the rendering that you have on your print there, the operating hours are actually shown on the left side bollard rails. I just wanted to know if they were accurate. They show Monday Premier ReporLirig, I.I.C 1 2 3 4 5 6 .~ 8 9 10 11 12 13 19 15 16 1'7 18 19 20 21 22 23 24 25 Linda i~, iK~rs~n, CSR, RPR, Ci,ii, C:RZ 73 through Saturday 6 a.m. to 9 p.m. and Sunday 9 a.m, to 1 a.m. (sic - p.m.) ? MR. CRAIGHEAD: Okay. MR. B)I+]OIST: Is that accurate? MR. CRAIGHEAD: That should be accurate. MR. BENOYST: Just wondered. ACTING CHAIRMAN FRANKLIN: Okay. Any other quesL-ions from the .audience? Mary Lou, what's the opinion of the Board of Supervisors? MS. PIERCE-MCLAIN: Mr. Chairman, the signs are absolutely excessive. Whoever heard of 16 signs at the gas station? It"s ridiculous. This is our home, sir. We live here 29 hours a day. We don't need to have all the~:P signs staring us in the face. We need resspectabie sgnage that is communicating to the public but not excessive. Whether you Meet the coverage signs by square footage, it's still an excessive amount. There is no need for that. And I don+t care if it's Sam's Club's mUtto or whatever, they don't live here. We do. The signs are excessive. You have. -- you are not prepared to tell this Board haw they're powered or how much wattage they give off,. Those are things we need to know, because these signs axe affecting the residents. And you should have been prepared to do that. Mr. Chairman, the signs are excessive. There are too many. They're not needed. Premier Reporting, i.LC i, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Linda C. Lareoa, C:SR, kPR, CL32, CRI ~ ~} ACTING CNAIRMRN FRANKLIN : t)kay . M.R. CRAIGHEAD: Can I address any of that? ACTING CHAIRMAN FRANKLIN: By all means. MR. CRAIGHEAD: The signs that you're aayang, I think, are excessive on the fueling station, 12 of those are on the pumps and that's very typical of branding. If. you look at any fuel station, I believe, in the township, you're going to see very similar branding on the pumps. I don't think Sam's Club has done anything here that':; different than a practice that you're going to find in other fueling stations in this township. With regards to the illumination, I apologize. I don't have the specifics on foot panels. The fixtures are directional. They are pointed back to the signs on thc. canopy as well as the one on the building. The one internally illuminated sign at the entrance, it is a law wattage sign. I'm sorry I don"t have the specifics, but it is a soft glow. It is not a bright glaring sign. That's very vague., but I don't believe it w©uld be found as offensive. ACTING CHAIRMAN FRANKLIN: Mary Lou, did the Board have a position on the dimensional request for a variance, the dimensional nonconformity? MS. PIERCE-MCLAIN: Mr. Chairman, the Beard saw a very brief sketch plan. And some of the things l:hat Premier Reporting, LLC 1 2 3 4 5 6 7 E3 9 10 ~.1 7.2 23 19 15 16 17 18 19 20 21 22 23 24 25 Linda C. Lar~o:-i, CSR, RPR, CLR, CRi -~ were brought up tonight we addressed that night. Like the one-way traffic into the fueling area and the fe21cii1g and the coverage to black the residence were things that were discussed, but we did not get into excessive detail, since it was just a sketch plan and it was the first time we :aw it. ACTING CHAIRMAN FRANKLIN: Okay. 's'hank you. Counaelar, do you have anything else to add? MS. MAKOULIAN: No, Mr. Chairman. We would respectfully request that are exhibits be moved into evidence and then close 'the hearing. Thank you. ACTING CHAIRMAN.I'RANI{LIN: Okay. Thank you. MR. TURNER: We will accept your exhibits into evidence. Applicant's and A-5 were MR. TURNffiZ': have any witnesses:? MR. NiEMAN: MR. TURNER: Me. Gemmill, do you have a~ MS. GEMMILL: Exhibit Nos. A-1, A-2, A-3, A-9, received in evidence.) Now we need to give -- do you No witnesses. You have no witnesses to call. 1y witnesses you wish to call? No witnesses to call either. Thank you. MR. TURNER. Is there anybody else in the audience who wishes to be heard regarding this application? Okay. Premier Reporting, LLC 1 2 3 4 5 G 7 8 9 10 11 12 13 14 1S ]. 17 ]. 8 19 20 21 22 ?. 3 24 25 Linda C. Larson, CSR, P.PR, CLR, CRI '/ ACTING CHAIRMAN FRANKLIN: Then the Board ~~~ill take ~i few moments to deliberate... (Board deliberates from 7:39 p.m. try 7:50 p,m.? ACTING CHAIRMAN FRANKLIN: We"re back. Come hack to order. MR. SDKOIASKI: I'd like to make a motion. Which one is it? ACTING CHAIRMAN FRANKLIN: Variance 2012. MR. SOK+QLOSKI: 2012-77 ACTING CHAIRMAN FRANKLIN: Yea. MR, SOKt)LOSKI: One variance from section 503.2 tQ permit the enlargement of this dimensional nonconformity of lot coverage. I make a motion t© approve what r_he -- the requirement that the -- you follo+wup wa.th the runoff improvements. ACTING CHAIRMAN FRANKLIN: We have a motion. Is t-here a second? MR. FEICH3'BL: Second. ACTING CHAIRMAN FRANKLIN: A11 in favor say aye. BOARD M$MBERS: Aye. ACTIi+YG CHAIRMAN FRANKLIN: All opposed? MR. MAFFETT: deposed. ACTING CHAIRMAN FRANKLIN: Motion carries. Premier Reporting, LLC 1 z 3 4 5 b 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S I.~ ncla C . I.al~son, CSR, RPR, CLR, CRS 7? Okay. Do we have motion for the variance far 2flll••7 for section 313.3, the permitted total of seven building signs on the proposed Sams Club building? MR . FEICH'I'fiL : So moved . ACTING CHAI~tMAN FRANKLIN: Would you please --- MR, FEICHTEL: Yes, I move to approve the variance from section 313.3, permitted total of seven building signs, on the proposed Sam's Club building. ACTING CHAIRMAN FRANKLIN: Okay. We have a motion. Do we have a second? MR. SOKOLOSKI: Second. ACTING CHAIRMAN FRANKLIN: A11 in favor? GUARD MEMBERS: AYE. ACTING CHAIRMAN FRANKLIN: All opposed? MR. MAFFSTT: Opposed. MS. GAU3'NEY: Yes, Good for you, ACTING CHAIRMAN FRANKLIN: Do we have a motion on the Variance from section 313..3 tv permit a total of 16 signs related tv the gas fueling area? MR. MAFFETT: Yes. I make a motion to deny the variance from section 313.3 to permit a total of 16 signs. ACTING CHAIRMAN FRANKLIN: We have a motion. Do we have a decand? MR. SOKOLOSKI: Second. i'remior Reporting, LLC 1 2 3 4 S G 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Linda C. Lar~.on, CSR, RPR, CLR, CR3 t tt aye. ACTING CHAIRMAN FRANKLIN: All in favor say BOARD MEMBERS: Aye. ACTING CHAIRMAN E`RANKLTN: All Opposed? Motion carries MR. TURNER: Thank you. And thank. you tU the residents for coming out. ACTING CHAIRMAN FRAN'KLZN: All right. There being no other business before the Board, the meeting iu adjourned. (Whereupon, the hearing was concluded at 7:52 p.m.) i~remier Reporting, LLC 1 3 4 5 6 7 8 9 10 11 12 13 lA 15 16 17 18 ~.9 20 21 z2 23 24 25 Linda C:. T,at-~on, CSR, RPR, CLR, CRI ~g COMMONWEALTH OF PENNSYLVAAITA ) ) S5: COUi+Z'i'Y OF CUMBERLAND ) I, LINDA C. CARSON, a Court Reporter and Notary Public in the Commonwealth of Pennsylvania dc~ hereby certify that I reported the foregoing proceeda.ngs had and testimony taken an September lfl, 2oa.2, and that the same is true and correct in accordance with my original machine shorthand notes taken at-said time and place. La,nda C. Larvon, CSR, RPR, CLR, C1[ Court reporter and Notary Publ~.c In and for the Commonwealth of Pennsylvania Dated this 21st day of September, 2012, Carlisle, Pennsylvania. ** Valid certification contains original signature of reporter. premier Reporting, LLc -. -1 CGA LAW FIRM Rees Griffiths, Esquire (21896) 135 North George Street York, PA 17401 717-848-4900 717-843-9039 fax rgriffiths@cgalaw.com Counsel for Intervenor/Appellee THE Silver Spring Development, LP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROUTE 114 ASSOCIATES, Appellant, V. ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, LP, and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees 9 OPT' 19 Fil 12: CIVIL DIVISION-LAND USE No. 12-6969 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of THE Silver Spring Development, LLC in the above-captioned matter. Date: December 18, 2012 CGA LAW FIR Rees riffiths, Esquire Counsel for THE Silver Spring Development, LP {00659891;1} f J . -" CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December 2012, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served via first-class mail, postage prepaid, upon the following: Timothy J. Nieman, Esquire Jack F. Hurley, Esquire RHOADS & SINON, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Counsel for Route 114 Associates James H. Turner, Esquire TURNER & O'CONNELL 4701 North Front Street Harrisburg, PA 17110 Solicitor for Silver Spring Township Zoning Hearing Board Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Solicitor for Silver Spring Township Tina R. Makoulian, Esquire A. Eric Levine, Esquire BALLARD SPAHR, LLP 1735 Market Street, 51St Floor Philadelphia, PA 19103 Counsel for Sam's East, Inc. and Wal-Mart Real Estate Business Trust CGA -LAW FIRM Kathlleen H. Moyi?, arale??l for Rees Griffiths, Esquire {00659891/1 2 =, ?r 1 9 CGA LAW FIRM Rees Griffiths, Esquire (21896) 135 North George Street York, PA. 17401 717-848-4900 717-843-9039 fax r 7rifffths Lc?,cgalaw.com Counsel for Intervenor/Appellee THE Silver Spring Development, LP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROUTE 114 ASSOCIATES, Appellant, V. ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, LP, and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees : CIVIL DIVISION-LAND USE No. 12-6969 NOTICE OF INTERVENTION TO THE PROTHONOTARY: Notice is hereby given that THE Silver Spring Development, LP, hereby intervenes in the matter pursuant to Pennsylvania Municipalities Planning Code Section 1004-A (53 P.S. § 11004-•A). Date: December 18, 2012 CGA L _.- ees riffths, Esquire Counsel for THE Silver Spring.Development, LP 100659959/11 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December 2012, a true and correct copy of the foregoing Notice of Intervention was served via first-class mail, postage prepaid, upon the following: Timothy J. Nieman, Esquire Jack F. Hurley, Esquire RHOADS & SINON, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Counsel for Route 114 Associates James H. Turner, Esquire TURNER & O'CONNELL 4701 North Front Street Harrisburg, PA 17110 Solicitor for Silver Spring Township Zoning Hearing Board Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Solicitor for Silver Spring Township Tina R. Makoulian, Esquire A. Eric Levine, Esquire BALLARD SPAHR, LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Counsel for Sam's East, Inc. and Wal-Mart Real Estate Business Trust CGA LAW FIRM ? /? 6? ?'. 4 Kat een H. over, Paral a for Rees Griffiths, Esquire (00659959/11 2 CGA LAW FIRM Rees Griffiths, Esquire (21896) 135 North George Street York, PA 17401 717-848-4900 717-843-9039 fax rgriffiths'aP,cgalaw.com Counsel for Intervenorl, !ppellee THE Silver Spring Development, LP :_?_NSv! VAS 1°l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROUTE 114 ASSOCIATES, Appellant, V. ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, LP, and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees CIVIL DIVISION-LAND USE No. 12-6969 ANSWER OF INTERVENOR/APPELLEE THE SILVER SPRING DEVELOPMENT, LP TO APPELLANT'S LAND USE APPEAL AND NOW, this 18th day of December 2012, comes Intervenor/Appellee, THE Silver Spring Development, LP, by and through its counsel, CGA Law Firm, and files its Answer to Appellant's Land Use Appeal stating as follows: L-16. Intervenor/Appellee THE Silver Spring Development, LP hereby incorporates Paragraphs 1-16 of Intervenors/Appellees Sam's East, Inc. and Wal-Mart Real Estate Business Trust's Answer to Appellant's Land Use Appeal as though fully set forth herein. WHEREFORE, Intervenor/Appellee THE Silver Spring Development, LP respectfully requests that this Honorable Court enter judgment in its favor and enter an order upholding the Zoning Hearing Board's decision and dismissing Appellant's Land Use Appeal with prejudice together with an award for costs and counsel fees incurred in this litigation, as well as all other relief the Court deems just and appropriate. Respectfully submitted, CGA FIRM Rees Griffiths, Esquire Counsel for THE Silver Spring Development, LP j00660099/1} 2 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of December 2012, a true and correct copy of the foregoing Answer to Land Use Appeal was served via first-class mail, postage prepaid, upon the following: Timothy J. Nieman, Esquire Jack F. Hurley, Esquire RHOADS & SINON, LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Counsel for Route 114 Associates James H. Turner, Esquire TURNER & O'CONNELL 4701 North Front Street Harrisburg, PA 17110 Solicitor for Silver Spring Township Zoning Hearing Board Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Solicitor for Silver Spring Township Tina R. Makoulian, Esquire A. Eric Levine, Esquire BALLARD SPAHR, LLP 1735 Market Street, 51" Floor Philadelphia, PA 19103 Counsel for Sam's East, Inc. and Wal-Mart Real Estate Business Trust CG LAW FIRM Kath en H. Moyer, Paral g 1 for Rees Griffiths, Esquire (00660099;1} Timothy J.Nieman Esquire _jp Attorney I.D.No.66024 6 Jack F.Hurley,Jr., squire , 7 , : Attorney I.D.No.24414 RHOADS&SINON LLP , 136 R L A hdL1 One South Market Square, 12th Floor PENN}yUlAN1 A�T P.O.Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 Attorneys for Appellant Route 114 Associates ROUTE 114 ASSOCIATES, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION—LAND USE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, : NO. 12-6969 Civil SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, L.P. and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees MOTION TO ESTABLISH BRIEFING/ARGUMENT S E OR,ALTERNATIVELY,TO SCHEDULE STATUS CONFERENCE NOW COMES Appellant Route 114 Associates, by its attorneys, Rhoads & Sinon LLP, and files this Motion to Establish Briefing/Argument Schedule or, Alternatively, to Schedule Status Conference, stating as follows: 1. On or about August 14, 2012, Sam's East, Inc. ("Sam's") filed its Application for Variance (the "Application") with the Zoning Hearing Board of Silver Spring Township (the "Zoning Hearing Board") in which it requested a "variance from Section 503.2 [of the Silver Spring Township Zoning Ordinance (the "Zoning Ordinance")] to permit the enlargement of a dimensional nonconformity, i.e., lot coverage, or in the alternative a variance from Section 211.8 875700.1 from the maximum permitted lot coverage." Sam's seeks to build a Sam's Club warehouse store on the site. 2. On August 31,2012,Route 114 Associates filed Objections to the Application. 3. The Zoning Hearing Board conducted a hearing on the Application on September 12, 2012. Route 114 Associates, through counsel, appeared at the September 12, 2012 hearing and cross-examined witnesses. 4. In its October 18, 2012 Decision on Application for Variances (the "Decision"), the Zoning Hearing Board, inter alia, granted "a variance allowing impervious coverage of 83.2% . . . on the condition that the applicant install storm water facilities as testified to at the hearing." 5. On November 15,2012, Route 114 Associates filed this land use appeal. 6. On or about December 14, 2012, Wal-Mart Real Estate Business Trust intervened in this land use appeal and, along with Sam's, filed an Answer to Land Use Appeal. 7. On or about December 19, 2012, THE Silver Spring Development, LP intervened in this land use appeal and filed an Answer to Land Use Appeal. 8. This land use appeal is now ready for briefing, review and decision by this Court, Accordingly, Route 114 Associates requests that this Court adopt the following briefing/argument schedule: (1) Appellant's Brief—June 14, 2013 (2) Appellee's Brief—July 12, 2013 (3) Appellant's Reply Brief—July 26, 2013 (4) Oral argument to be scheduled at the Court's earliest convenience. -2 - 9. Alternatively, if this Court is not inclined to enter a briefing/argument schedule, Route 114 requests that this Court schedule a status conference to discuss resolution of this matter. 10. Sam's concurs in the relief requested in this Motion. The other parties have indicated that they take no position on the relief requested as they view this as a dispute between Route 114 Associates and Sam's. 11. A judge of this Court has not previously ruled on any issues in this case. WHEREFORE, Route 114 Associates respectfully requests that this Court establish a briefing/argument schedule for this land use appeal or, alternatively, schedule a status conference. Respectfully submitted, RHOADS & SINON LLP By: Timothy­J.'Nierr�an, Esquire Jack F. Hurley, Jr., Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Route 114 Associates - 3 - CERTIFICATE OF SERVICE I hereby certify that on this 2V day of March, 2013, a true and correct copy of the foregoing document was served via United States first class mail, postage prepaid, return receipt requested upon the following: James H. Turner, Esq. Turner& O'Connell 4701 North Front Street Harrisburg, PA 17110 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Tina Makoulian, Esq. Ballard Spahr 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Rees Griffiths, Esq. CGA Law Firm 135 North George Street York, PA 17401 ROUTE 114 ASSOCIATES, IN THE COURT OF C6)dMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION—LAND USE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, NO. 12-6969 Civil =4 SILVER SPRING TOWNSHIP, c C SAM'S EAST, INC., THE SILVER rn CD =2- SPRING DEVELOPMENT, L.P. and WAL-MART REAL ESTATE BUSINESS �y4 TRUST, Appellees ORDER - Q AND NOW this 1 day of �'O r ` ti13, it is hereby ORDERED that tht following schedule is established: (1) Appellant's Brief is due June 14, 2013 i (2) Appellee's Brief is due July 12, 2013 (3) Appellant's Reply Brief is due July 26, 2013; and 1 (4) Oral argument will be held on G. L�,q�W 2013 ,-2&m at �l •00 A--.m. in Courtroom of the Cumberland County Courthouse. Thomas A.Plow J. DISTRIBUTION: Common Pleas Judge ✓James H. Turner, Esq., Turner& O'Connell, 4701 North Front Street, Harrisburg, PA 17110 Steven A. Stine, Esq., 23 Waverly Drive, Hummelstown, PA 17036 Tina Makoulian, Esq., Ballard Spahr, 1735 Market Street, 51st Floor, Philadelphia, PA 19103 ✓ Rees Griffiths, Esq., CGA Law Firm, 135 North George Street, York, PA 17401 ✓Timothy J. Nieman, Esq., One South Market Square, P. O. Box 1146, Harrisburg, PA 17108 �J!L Timothy J.Nieman,Esquire r' eft%1(�;(' 'f� Attorney I.D.No. 66024 C0 13 a Jack F.Hurley,Jr., Esquire — Attorney I.D.No.24414 RHOADS& SINON LLP One South Market Square, 12th Floor PENNSYLVANIA P.O.Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 Attorneys for Appellant Route 114 Associates ROUTE 114 ASSOCIATES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION—LAND USE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, NO. 12-6969 Civil SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER SPRING DEVELOPMENT, L.P. and WAL-MART REAL ESTATE BUSINESS TRUST, Appellees MOTION TO CONTINUE BRIEFING SCHEDULE AND WITHDRAW ARGUMENT NOW COMES Appellant Route 114 Associates, by its attorneys, Rhoads & Sinon LLP, and files this Motion to Continue Briefing Schedule and Withdraw Argument, stating as follows: 1. This is an appeal from a decision by the Zoning Hearing Board of Silver Spring Township. 2. By Order dated April 4, 2013, the Honorable Thomas A. Placey established the following briefing and argument schedule: (1) Appellant's Brief—June 14, 2013 (2) Appellee's Brief—July 12, 2013 (3) Appellant's Reply Brief—July 26, 2013 888866.1 (4) Oral argument—August 2, 2013 3. Sam's and Route 114 Associates have reached a tentative resolution of this matter and request that the briefing schedule be generally continued and the argument scheduled for August 2, 2013 be withdrawn. 4. Sam's concurs in the relief requested in this Motion. The other parties have indicated that they take no position in that they view this as a dispute between Route 114 Associates and Sam's. 5. The Honorable Thomas A. Placey has ruled on other issues in this case. WHEREFORE, Route 114 Associates respectfully requests that this Court generally continue the briefing schedule and withdraw the case for argument on August 2, 2013. Respectfully submitted, RHOADS & SINON LLP By: I _ Timothy J. 14ierrilvan, Esquire Jack F. Hurley, Jr., Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Route 114 Associates - 2 - CERTIFICATE OF SERVICE I hereby certify that on this �'day of June, 2013, a true and correct copy of the foregoing document was served via United States first class mail, postage prepaid, return receipt requested upon the following: James H. Turner, Esq. Turner& O'Connell 4701 North Front Street Harrisburg, PA 17110 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Tina Makoulian, Esq. Ballard Spahr 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Rees Griffiths, Esq. CGA Law Firm 135 North George Street York, PA 17401 ROUTE 114 ASSOCIATES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. CIVIL ACTION— LAND USE ZONING HEARING BOARD OF SILVER SPRING TOWNSHIP, NO. 12-6969 Civil _ SILVER SPRING TOWNSHIP, SAM'S EAST, INC., THE SILVER - <_ - SPRING DEVELOPMENT, L.P, and WAL-MART REAL ES"LATE BUSINESS TRUST, Appellees ��j{.� ORDER -, AND NOW this _LP � day of June, 2013, it is hereby ORDERED that the briefing schedule is continued generally and the argument scheduled for August 2, 2013 is withdrawn, The parties shall notify the Court if they desire to reestablish the briefing schedule and reschedule argument. L IhOMOS A.Pboey iRTRIBurION: Common Plow JuUp@ Jtynes H. Turner, Esq., Turner& O'Connell, 4701 North Front Street, Harrisburg, PA 17110 'Steven A. Stine, Esq., 23 Waverly Drive, Humntelstown. PA 17036 a Makoulian, Esq_, Ballard Spahr, 1735 Market Street,51st Floor,Philadelphia, PA 19103 es Griffiths, Esq., CGA Lao, Firm, 135 North George Street, York, PA 17401 mothy J. Nieman, Esq., One South Market Square, P. 0. Box 1146, Harrisburg, PA 17108 CERTIFICATE OF SERVICE I hereby certify that on this 9th day of January, 2014, a true and correct copy of the foregoing document was served via United States first class mail, postage prepaid, return receipt requested upon the following: James H. Turner, Esq. Turner & O'Connell 4701 North Front Street Harrisburg, PA 17110 Steven A. Stine, Esquire 23 Waverly Drive Hummelstown, PA 17036 Tina Makoulian, Esq. Ballard Spahr 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Rees Griffiths, Esq. CGA Law Firm 135 North George Street York, PA 17401 /. I��