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HomeMy WebLinkAbout06-4276 Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARK R. T. SIMPSON v. THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP No. 1)/,' i/;;.){P Civil Term Appellee: NOTICE OF LAND USE APPEAL Mark R. T. Simpson, Appellant, appeals from a decision of the Board of Supervisors of Silver Spring Township, Cumberland County, Pennsylvania, and in support thereof, states the following: 1. The Appellant is Mark R. T. Simpson, an adult individual, whose business address is 5015 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050 ("Simpson"). 2. The Appellee is the Board of Supervisors of Silver Spring Township, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 ("Board"). 3. The real estate in question consists of a 3.38 acre parcel located at the northwest corner of the intersection of Rich Valley Road (S.R. 1009) and Carlisle Pike (S.R. 0011), having a municipal address of 6706 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 ("Property"). 4. The Property is located in Silver Spring Township, Cumberland County, Pennsylvania, and Highway Commercial (C-3) Zoning District under the provisions of the Silver Spring Township Zoning Ordinance ("Ordinance"). 5. On March 15,2006, Simpson filed an application for a conditional use with the Board to construct a pharmacy and convenience store on the Property pursuant to Section 212.3.2 of the Ordinance ("Application CU 2006-3A"). A copy of Application CU2006-3A (to include Memorandum In Support of Conditional Use Application and Exhibits A through D) is attached hereto as Exhibit "P-I". 6. A hearing on Application CU 2006-3A was held before the Board on May 24, 2006. On June 28, 2006. the Board approved the requested conditional use ("Approval") and as part of the Approval attached the following three (3) conditions: ''The design of the Shopping Center [shall] be reworked so that 75% of oak and 75% of existing evergreen trees will be preserved." (the "Tree Condition") (Paragraph 11 of Approval); "All access to the site shall be from the parallel access road that lies to the north of the project; and direct access onto Rich Valley Road from any point other than the parallel access road is denied." (the "Access Condition") (Paragraph 12 of Approval); and "The proposed tum lanes shall be installed immediately as a part of the shopping center construction phase (left onto northbound Rich Valley Road, southwest bound onto Carlisle Pike)." (the "Turning Lane Condition") (Paragraph 13 of Approval). 7. In its Approval, the Board also made certain findings of fact that, while not detrimental to Simpson with respect to the Board's approval of the conditional use, nonetheless, must be corrected. 8. A copy of the Board's Approval and Decision is attached hereto as Exhibit "P-II". Grounds for Appeal 9. The action of the Board in attaching the Tree Condition, the Access Condition and the Tuming Lane Condition (collectively the "Conditions") to its Approval of Application CU 2006-3A was arbitrary, capricious, an abusive discretion and contrary to law in that: (a.) The record lacks evidence demonstrating that the proposed use will have adverse impacts sufficient to justify the Conditions. (b.) The Board failed to set forth a valid public interest for its imposition of the Conditions. (c.) The Conditions constitute unreasonable and burdensome conditions upon Simpson contrary to Section 913.2(a) of the Municipalities Planning Code [53 P.S. ~ 10913.2(a)]. (d.) The Conditions are unnecessary to implement the purposes of the Ordinance and the Municipalities Planning Code. (e.) The Access Condition should be stricken in light of Simpson's concurrent appeal of the related conditional use decision (CU 2006-3B) concerning direct vehicular access to Carlisle Pike. (f.) The Tuming Lane Condition should be stricken as no such tum lanes were proposed in Application CU 2006-3A. 10. The Board, in setting forth certain erroneous findings of fact in its written decision, acted arbitrarily and capriciously, abused its discretion and acted in a manner contrary to law in that: (a.) In Paragraph 4 of its Approval, the Board stated that Simpson failed to demonstrate compliance with Section 324.4 of the Ordinance, when in fact, the record demonstrates such compliance. (b.) In Paragraph 5 of its Approval, the Board stated that Simpson failed to demonstrate compliance with Section 436.2 of the Ordinance, when in fact, the record demonstrates such compliance. (c.) In Paragraph 6 of its Approval, the Board stated that Simpson failed to submit a traffic impact study in accordance with Section 402.05 of the Silver Spring Township Subdivision and Land Development Ordinance, when in fact, the record demonstrates such compliance. (d.) In Paragraph 7 of its Approval, the Board stated that Simpson failed to demonstrate compliance with Section 704.1.1 of the Ordinance, when in fact, the record demonstrates such compliance. (e.) In Paragraph 8 of its Approval, the Board stated that Simpson failed to demonstrate compliance with Section 704.2.4 of the Ordinance, when in fact, the record demonstrates such compliance. WHEREFORE, Appellant, Mark R. T. Simpson, respectfully requests that the Court reverse the cited actions of the Appellee and direct that application CU 2006-3A for a conditional use be granted, that the Board's Approval be modified by striking the Tree Condition, Access Condition, and Tuming Lane Condition, and that the record in the matter be corrected as set forth herein. JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ DATED: '] /2t I' t I rryR.D . Attomey I.D. No. 09601 Robert M. Walker Attorney I.D. No. 86340 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attomeys for Appellant : 279167 v.2 EXHIBIT P-I CONDITIONAL USE APPLICATION CU 2006-3A SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS APPLICATION FOR CONDITIONAL USE NO. '24It(,-;$;I (Section 704) GENERAL INFORMATION NemeofApplicentlsl Hark R. T. Simpson Address 5015 F.. Tr1ndl f> ROlld, M.."hllni "..hurg\, PA 17050 Telephone No. 671-7566 Application Dete Mllrr.h 16, ?006 Neme of Lendowner of Record Mark R. T. 51 mpson Subject Property Address 6706 Carlisle Pike Subject Property Zone Hil!:hwav - Commercial (C-3) Requested Use (Section No. Section 212.3.2 Sho1>1>in2' :Center Neme, address and telephone of representative or consultant Mllrk R. T. Simp..on 5015 E. Trindle Road, Mechanicsburg. PA 17050 (717) 691-7566 ADDITIONAL REQUIREMENTS (Include/b copies of each of the followingl. X 1. Written report providing all of the information required by Sections 701.2 and 701.3 of the Zoning Ordinance; X 2. Listing of names and addresses of adjoining property owners, including properties directly across a public right.of.way; X 3. Ground floor plans and elevations of proposed structures; X 4. A scaled site plan of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of the Zoning Ordinance; and X 5. A written description of the proposed use in sufficient to detail to demonstrate compliance with all applicable provisions of the Zoning Ordinance, including the following: X A. Each of the Specific Criteria attached to the requested conditional use as listed in Article 4 of the Zoning Ordinance; X B. The Zone requirements in which the subject property is located le.g., setbecks, lot area, lot width, lot coverage, height, landscaping. etc.l; X C. The General Provisions requirements listed in Article 3 of the Zoning Ordinance le.g., vehicular access, off.street parking and loading, signs, screening and landscaping, etc.); and X O. Each of the General Criteria listed in Section 704.2 of the Zoning Ordinance. FEES ~ 1. The hearing fee for a conditional use is $ 4iX:..(} C pursuant to Section 702 of the Zoning Ordinance. 2. The applicant shall be required to pay all public notice and advertising costs as specified in Sections 704.5.3. of tlte Zoning Ordinance. 3. Tlte applicant sltall pay for one.half {112} of lite stenographer's appearance fee as specified in Sections 704.5.8. of tlte Zoning Ordinance. SIGNATURE I Itereby certify that the information submitted in accordance with this application is correct, and I further agree to pay for those costs outlined above. 4~p~- Applicant s . ature .;J~6 ADMINISTRATION Date Application Accepted Total Costs Oates Advertised ltwo successive weeks no more than 30 and no less than 7 days before hearing) Property Posting (at least one week before hearing) Planning Commission Submission Date Ino less than 30 days before public hearing) Planning Commission Hearing Date & Recommendation Date of Hearing Date of Decision Decision Conditions of Approval Chairman Vice Chairman Secretary SIlSP6 MEMORANDUM IN SUPPORT OF CONDITIONAL USE APPLICATION MARK. R. T. SIMPSON 6706 CARLISLE PIKE This Memorandum is submitted by Mark. R. T. Simpson for the purpose of supplementing his Conditional Use Application ("Application') to the Silver Spring Township Board of Supervisors ("Board') dated and submitted March 15, 2006 for approval of the following two conditional uses under the Silver Spring Township Zoning Ordinance ("Ordinance'): (I) Section 212.3.2 (Shopping Center Use in a Highway Commercial C-3 District); and (Ii) Section 308.2 (Direct Vehicular Access Via an Access Drive to Carlisle Pike). This Memorandum is hereby incorporated into and made part of said Application. Subiect Prooertv The property which is the subject of this Conditional Use Application is located at 6706 Carlisle Pike, Mechanicsburg, Silver Spring Township ("Property.). The Property, which measures 3.38 acres in size (more or less) is situated at the northwest comer of the intersection of Carlisle Pike (S.R. 0011) and Rich Valley Road (S.R. 1009). The Property is currently improved with a small single story office building previously occupied by the American Trauma Society but is now vacant. The Applicant acquired the property on March 15, 2005. A copy of the Deed for the Property is attached hereto as Exhibit "An. Names and Addresses of Adlilinina ProDertv Owners Attached as Exhibit "B' are the names and addresses of adjoining property owners including properties directly across the pUblic right-of-way. ProDosed Use The Applicant is proposing two (2) commercial retail uses for the Property. The first use will be that of a neighborhood retail pharmacy with a building footprint of approximately 14,500 square feet (more or less). The pharmacy building will be constructed of brick and other similar masonry materials and will be comparable to similar buildings of national pharmacy retail chains recently constructed in the greater Harrisburg area. The pharmacy will include the typical retail pharmacy uses associated with the present day retail pharmacy operation, including but limited to, the sale of over the counter medications, cosmetics, household sundries, photo finishing, grocery items and prescription pharmacy services, to include a two lane drive through for prescription pick-ups. The second proposed use for the Property is that of a convenience store use. The convenience store will be constructed in a fashion similar to facilities recently constructed in the greater Harrisburg area by national retail chains. The building foot print will contain 3,000 square feet (more or less). The operation of the convenience store will be similar to that of other national retail convenience store operations in the Harrisburg area and will include, but not necessarily be limited to, the sale of prepared foods, convenience foods, household sundries, delicatessen items, snack foods, newspapers and magazines, and the dispensing and sale of gasoline products. A scale drawing of these proposed uses on the Property is attached hereto as Exhibit 'c' and made part the Application. Conditional Use Criteria Section 436 - ShoDDina Centers or Malls The Applicant is proposing a shopping center use within the Highway Commercial (C-3) Zoning District. The Applicant's proposal falls under the definition of "shopping center' due to the fact that there will be two (2) retail uses upon the Property with shared access and parking. The proposed use meets the requirement that the subject property shall front on an arterial or collector road as both Carlisle Pike and Rich Valley Road meet or exceed those status requirements. The minimum lot size requirement of two (2) acres is met as the Property measures 3.38 acres in size (more or less). Minimum lot width requirements of 200 feet are also met as the lot frontage along Carlisle Pike measures 335 feet (more or less) and the frontage along Rich Valley Road measures 245 feet (more or less). The Applicant also meets the shopping center parking requirements of 5.5 off street parking spaces for each 1000 square feet of gross leaseable floor area. Given the proposed use, that calculation results in a requirement of 97 spaces and the applicant proposes to provide 115 spaces. Both public water and sewer are directly available to the Property. Maximum lot coverage limitations are met as 2 the proposed uses will result in a maximum lot coverage of 68.56%, which is less than the maximum allowable coverage of 70%. The Applicant has also submitted a traffic study which supports this proposed conditional use. The reader is referred to the traffic study for further discussion of these requirements. Section 308.2 - Reauirements for Direct Access to Carlisle Pike The Applicant is proposing direct vehicular access from Carlisle Pike to the Property in the form of a right-turn-in only access drive to be centered in the middle of the Property, which will serve both proposed uses. This access drive will only be an entrance and no exit will be allowed onto Carlisle Pike directly from the Property. In today's commercial retail development environment, prestigious national retail tenants have strict site access requirements which must be met if the Applicant will be successful in securing such tenants for these proposed uses. The right-tum-in only has been specifically required by several prospective tenants and II is the Applicant's position that it will be difficult to develop this site with quality retail uses without the proposed right-tum-in access drive. In addition to the right-turn-in only access drive, the Applicant is proposing a full access driveway on the eastern side of the Property accessing Rich Valley Road, opposite the existing entrance to the Bobby Rahal Honda Automobile Dealership facility. There are no other Township roads which currently front the Property or are proposed to serve the Property. Nor is the Applicant proposing any additional Township roads to service the Property. The Applicant is not aware of any proposed Township roads or "vehicular control points" which could provide the secondary point of access which the driveway from the Carlisle Pike will provide. The Applicant's full movement driveway proposed for Rich Valley Road will include a dedicated left turn lane into the Property, which the Applicant believes will provide safe and efficient means for ingress and egress from the Property for patrons of both proposed uses, as well as delivery and service vehicles which may visit the Property. This full movement driveway will provide the primary means of ingress and egress to and from the Property. 3 The proposed right-tum-in access drive from Carlisle Pike provides the needed second point of access in an manner in which the Applicant believes is designed to minimize adverse impact upon the safe and convenient traffic flow, both on and adjacent to the Property. Neither the right-turn-in access drive nor the full movement access drive along Rich Valley Road will service any other adjoining property. The Applicant has submitted a traffic study with this Application which demonstrates support for this request. The reader is referred to the traffic study for further discussion of these requirements. Traffic Study Accompanying this Application is a traffic study entitled oRich Valley Road Development Traffic Impact Study. dated March 14, 2006, prepared by Trans Associates of Enola, Pennsylvania. This traffic study, including the executive summary, support all aspects of the Applicant's Conditional Use Application relative to traffic matters. A copy of the traffic study is referenced in Exhibit D of this Application and is. incorporated into and made part of this Application. A representative of Trans Associates will be available to testify at the Applicant's Conditional Use hearing and provide additional information conceming the study. General Criteria and Summary The Applicant believes that he has demonstrated that the proposed uses for the Property and the conditional uses requested as part of this Application are consistent with the purpose and intent of the Ordinance. The Applicant also believes that the proposed use for the Property will not detract from the use and enjoyment the adjoining or nearby properties, all of which are commercial uses or pending commercial uses which will be developed in the near future. The proposed uses will also not effect a change in the character of the subject neighborhood for the same reason. Adequate public facilities are available to serve the proposed use, the proposed development is not within the Flood Plain Zone, and the proposed use will not substantially impair the integrity of the Township's Comprehensive Plan. Rather, the Applicant believes that he will not only demonstrate compliance with all the general and specific criteria within the Zoning Ordinance for the proposed conditional uses and the use 4 of the Property, but that the proposed use will be a beneficial asset to the growing residential and commercial population in the vicinity of the Property and an overall benefit to Silver Spring Township at large. Respectfully submitted, March 15, 2006 ~~ Mark . T. Simpson 5 EXHIBIT A DEED FOR PROPERTY 6 [] cory Tax Parcel # 38-07-0461-021A This Deed MADE this Kt-day of ~. ~ 1- , Two Thousand Five (2005), ~; :::0 _ _3 :..~ rTj _0 BETWEEN FAITH VENTURES, INC., a Pennsylvania corporation, 6706 CarliSI; P~,g ,~ Mechanicsburg, Pennsylvania Grantor, 6; ;E ~J E! .~ -'" .~, AND "'1:1 :3 ~;.; :::.1 MARK R. T. SIMPSON, an adult individual, of 3 Mechanicsburg, Cumberland County, Pennsylvania, ":.'J /'1 Carotlie~ 'Circ~ ;:.-:: r,..... .~; 'TJ ~. C:7:::n.- Grantee, - Witnesseth that in consideration of Eight Hundred Twenty-Five Thousand Dollars and 00/100 ($825,000.00), in hand paid, the receipt whereof is hereby acknowledged, Grantor does hereby grant and convey in fee simple to Grantee, his heirs and assigns: ALL THAT CERTAIN piece or parcel of land with improvements thereon situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey by William B. Whittock,dated September 5, 1972 as follows: BEGINNING at a point in the northern line of Carlisle Pike, Route 34, which point is a concrete monument situate at the northwestern intersection of the said line of Route 34 with the western line of Pennsylvania Legislative Route 21019; thence by said Route 34 North 83 degrees 47 minutes 12 seconds West 334.79 feet to a point in the eastern line of land now or formerly of Checker Oil Company; thence along same North 06 degrees 12 minutes 48 seconds East 364.15 feet to a point in the southern line of land now or formerly of Paul Gibble; thence along same South 88 degrees 52 minutes 05 seconds East 378.71 feet to a concrete monument in the western line of Legislative Route 21019 aforesaid; thence by said Legislative Route 21019 southwardly in a curve to the right having a radius of 1,870.08 feet, an arc distance of 92.93 feet to a point; thence continuing along the same South 03 degrees 36 minutes 49 seconds West 232.43 feet to a point; thence South 45 degrees 28 minutes 10 seconds West 94.01 feet to a concrete monument, the place of BEGINNING. BEING Lot No. 2-B as the same is shown on the Resubdivision Plan of Lot No.2 for Eldon L. Gaughen and Associates as prepared by William P. Whittock, P. E., dated September 5,1972 and revised October 16, 1972 and containing ~.354 acres, more or less. BEING the same property which NDK, Inc., by deed dated April 13, 1988, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book G, Vol. 33, Page 1039, granted and conveyed unto Faith Ventures, Inc., Grantor herein. UNDER AND SUBJECT to easements, restrictions, reservations and rights of way of record. And Grantor does hereby covenant and agree that it wiD warrant specially the property hereby conveyed. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. ATIEST 1Z. J2;. J J/. ~~ ./) 'lia H. Cox:Secretary ( BY J COMMONWEALTH OF PENNSYLVANIA : 5S COUNTY OF CUMBERLAND ,., On this, the ~ day of ~ rr J, 200S, before me, a notary public in and for the County of Cumberland, Commonwealth of Pennsylvania, the undersigned officer, personally appeared John M. Templeton, Jr., who acknowledged himself to be the President of Faith Ventures Ine., and that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal NorariaJ Seal Bridge, "'nn Con:oran, Notary Public Carlisle Boro, Cumberland County My Commission ExpilOS June 10, 2006 Memosr. Pennsylvania AssociationotNOlBnes t., ~..t- rJ., &"'''JWJJ. Notary ublic I do hereby certi Grantee is: ise residence and complete post office address of th ~ I EXHIBIT B NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS 7 Names and Addresses of Adjoinina Property Owners 1. Ullom Partnership, LTD. 4423 Avon Drive Harrisburg, PA 17112 2. Ullom Partnership, LTD. C/O Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 3. Team Rahal C/O Bobby Rahal Honda 6696 Carlisle Pike Mechanicsburg, PA 17050 4. Ferris Land Development, LP 6 Penns Way Road Mechanicsburg, PA 17050 5. P & P Partners C/O Appalachian Harley Davidson 6695 Carlisle Pike Mechanicsburg, PA 17050 EXHIBIT C SITE PLAN EXHIBIT D TRAFFIC STUDY (Submitted Under Separate Cover) 9 EXHIBIT P-II APPROVAL OF THE BOARD OF TOWNSHIP SUPERVISORS DATED JUNE 26, 2006, CONCERNING THE APPROVAL AND CONDITIONS PLACED ON APPLICATION CU 2006-3A. Jul 05 06 l2:33p Mal"k 717 681 7568 p.2 ", n ~j!'''' .... r~"''lj~ ' II t, t ,.", " ..' J4.!.!.,.J\ .!i...J..il ,.", {') . ,: !, ,\. ' ... . . NT j , S .. . Ii'.'! ' .. ... ~ .;.. .. '.'.1' "SUSURBA~ SERENiTY WITH URBAN PROXI\:rv' ('IJl"i~I'lpll('J' R. l..llla. ('llilil'll1:l11 ,Ia" \, 1."1IIa",, \'I('I,'.('I",;I'Il'''" .Iil('kl(' F';IJ...ill \1"" 1.,," l'i"I'<T.\ld"ill "ill""1I1 T, lliFilipl''' Mark R, T, Simpson 5015 East Trindle Road Meclumicsburg, P A 17050 June 29, 2006 RE: Mark R. T. Simpson Conditional Use CU2006.3A Shopping Center , Dear Mr. Simpson: The Silver Spring Township Board of Supervisors at its meoting held June 28, 2006 approvcd tho above noted conditional use with the following conunenls: CONDITIONAL USE: 1. [ZO:212.11] - waste ProdUCL~ All dumpsters arc not completely contained within a masonry or fenced enclosure equipped with a self latching gate. The application did not provide screening for the proposed dumpstcr pad and possibly the compactor pad area at the rear of the proposed drug store. 2. LZO:305] - Comcr Lots Comer lots shall not permit any walls, trees, or pmmunent structures within a one hundred (100') feel triangle of the two intersecting roads, 3, [20:313J - Outdoor Signs Review of this plan docs not constitute approval of the outdoor signs, The permitting procedure for review and approval of outdoor sib'llS is provided in I'.oning Ordinance Section 313. 4. lZO:324.41 - 300 Feet Setback Requin.:ment Automobile filling stations arc not set back at least three hundred (300') feet from any lot containing a school, park, or playground. Due 10 thc proximity of this parecl to recently transferred property to the Cumberla.nd Valley School District the applicant shall confirm the satisfaction of this . requirement. \.HIt. CARLlSlt= PIKr I MLCHANlcseVRO 1 porNN:jYLVANIA 170r,l) ~Ul U~ Ub lC:~~~ Ml!Il"K 717 691 7568 p.3 Page 2 Mark R. T. Simpson CU2006-3B 5. (ZO:436.2] - Frontage and Access Drive Requirements Access drives are not set back at least two hundred (200') feet from the intersection of any street right-of-way line. The Applicw1t shall confirm that both access drives comply with this provision of the Ordinance. 6. [20:436.8J - Traffic Impact Study A Traffic Impact Study was not submitted in accordance with Section 402.05 aCthe Subdivision and Land Development Ordinance. The Traffic Analysis submitted docs not meet the complete requirements of SLDO Section 402.05. 7. [ZO:704.1.I1- Filing ofConditionaJ Use Applicant did not provide ground fioor plans and elevations of proposed structures. 8. [20:704.2.4] - General Criteria Confirmation was not provided that adequate public facilities arc available to servc the proposed use (e.g., fire, police, sewer, water, etc.) 9. [SLDO:604.01l- Sidewalks were not provided to provide access to II commercial facility or vehicle parking compound. All sidewalks shall have a minimwn width of four (4') feet and sidewalks utili;.o.ed for ADA access shall conform to the Americans with Disabilities Act Guidelines (including handicapped access ramps). 10. [SLDO:602.18.1] - The Applicant is proposing a left turn dedicated lane for Northbound travel on Rich Valley Road for the proposed siLe access. Applicant did not show how will these improvements impact thc Bobby Rahal cntrance location and Stonewall Drive traffic movements? 11. The design of the shopping center be reworked so that 75% of oak. and 75% of existing evergreen trees will be preserved. 12. All access to the site shall be from the parallel access road that lies to the north of the project; any direct access onto Rich Valley Road from any point other than the parallel access road is dcmied. 13. The proposed turn Janes shall be installcd immediately as a part of the shopping center construction phase (left onto northbound Rich Valley Road, southwest bound onto Carlisle Pike). JUl U:O Ub It:.ld....p rU!!If"'K (J. f fOOL (W'ClD F"" Page 3 Mark R. T. Simpson CU2006-3B If you havc any questions, pleasc do not hesitate to contact Mr. James E. Hall, Zoning Officer. Sin=\IY,,, ~" 'L ,.1 Q), l,.--- .::Z William S. Cook " Township Manager WSC/kk cc: James E. Hall, Zoning Officer Kelly K. Kelch, Assistant Township Manager Stevc A. Stinc, Esquire, Township Solicitor Bony Dawooc!, P.E.. Township Engincer J. Michael Brill & Associates, Applicant's Engineer (~ r~ , CJ .'n ~ L--: ..-\ \~ Y\~ - .,- -n , '. \ ',1; , v. ~ . r.... v... --~ ~ ....... \ \.. ~\) - ~ <:f:::o ~ . ~ <;;l'.. ~ ~ , . -t::.. .....j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Mark R. T. Simpson Vs. No. 06-4276 CIVIL TERM The Board of Supervisors of Silver Spring Township WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: The Board of Supervisors of Silver Spring Township We, being willing for certain reasons, to have certified a certain action between Mark R. T. Simpson, Appellant vs. The Board of Supervisors of Silver Spring Township pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable Edgar B. Bayley our said Court, at Carlisle, P A., the 27th day of July 2006. /I, '. J;;:;IS . LONG Prothonotary C IJ'" r'l C ru rn ..n ru '~rH! It- I"! nJ!.AiL Hell Ci!-' { {Ul II (, '1 '} I,j I j l ~ Iy' ~ \ ,t USE -* rn c C CJ RebIm Reoelpl: Fee (~_"_rod) C _~... D"'" (Endorsement ReqUired) rn c ~... - - ToIaI_e&_ $ U1 ~ tii%r:,..~!./~..~ljJ___Ak.tJN::.I:y..............- ;;::.:~!t..~...4ds./.€__t1~~_....................... . Complete Items 1, 2, and 3. Also complete /tem 4 If Restricted Delivery Is desired. . PrInt your name and address on the reverse so that we can 19tum the card to you. . Attach this card to the back of the mailplece, or on the front If space permits. ~:;~~ r 7lA1r- ~L 01 5~1/tSfTYi5 lo'i?i ~~ f;Kc. ,u~~~~ P* 1?6D - L 7005 2. Artk:Ie Number (Ji8nsfr trom ~ AIbeI) PS Form 3811, February 2004 3. ServIce 'TYPe )d CertlfIed Mall o Registered a Insured Mall a C.O.D. 4. Restricted Delivery? (Extra Fee) ayes 0390 0003 2632 0213 Domestic Retum Receipt 'Z I 102595-02-M-1540 I Jerry R. Duffie, Esquire Attorney for Appellant Mark R. T. Simpson Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemovne. PA 17043-1019 MARK R. 1. SIMPSON, Supreme Court I.D. No. 09601 Tel: 717-761-4540 Fax: 717-761-3015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant v. NO. 06-4276 CIVIL TERM THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP CIVIL ACTION - LAW Appellee NOTICE OF LAND USE APPEAL STIPULATION AND JOINT MOTION FOR AGREED ORDER 1 }~ AND NOW, this Z"... day of January, 2007, it is hereby Agreed and Stipulated by and between Appellant, Mark R. 1. Simpson, by his attorney, Jerry R. Duffie, Esquire, and Appellee, The Board of Supervisors of Silver Spring Township, by its Solicitor, Steven A. Stine, Esquire, as follows: 1. Appellant, Mark R. 1. Simpson, filed a Notice of Land Use Appeal on July 27, 2006. 2. The Land Use Appeal related to a 3.38 acre parcel, more or less, at the northwest corner of the intersection of Rich Valley Road (S.R. 1009) and Carlisle Pike (S.R. 0011), having a municipal address of 6706 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 ("Property"). 3. The Property is located in Silver Spring Township, Cumberland County, Pennsylvania and is located in the Highway Commercial (C-3) zoning district in accordance with the Silver Spring Township Zoning Ordinance ("Ordinance"). 4. Appellant filed an application for a conditional use with the Appellee to construct a shopping center comprised of a pharmacy and convenience store (with gasoline dispensing facilities) on the Property in accordance with Section 212.3.2, Ordinance ("Application CU 2006-3A"). 5. Appellee held a hearing on Application CU 2006-3A on May 24, 2006 and Appellee, on June 28, 2006, approved the conditional use request ("Approval") and imposed certain conditions and made certain findings relative to Application CU 2006-3A. 6. Appellant initiated the Land Use Appeal challenging the conditions and certain findings of fact as set forth in the Land Use Appeal. 7. Appellant and Appellee entered into amicable negotiations and, as a result of said negotiations, have entered into a Settlement Agreement, dated January 10, 2007, which Settlement Agreement modifies and amends the Appellee's approval of the Application CU 2006-3A as set forth in the Settlement Agreement. 8. A copy of the Settlement Agreement is attached to this Stipulation, marked Exhibit A and made part hereof. 9. Settlement Agreement (i) confirms the approval of Application CU 2006-3A and (ii) imposes revised conditions upon Appellee's approval of Application CU 2006-3A. 10. Appellant and Appellee agree that the Settlement Agreement, in its entirety, be approved by this Court and that the Court enter an Order confirming the terms and conditions of the Settlement Agreement, in its entirety, as the settlement and disposition of the Land Use Appeal. 2 11. Appellant shall pay all costs. 12. The Court is requested to enter the proposed Order attached hereto. 13. The undersigned attorneys each warrant to the other and to the parties and to the Court that he has reviewed this Settlement Stipulation with his client and that he has specifically been authorized to enter into this Settlement Stipulation by his client. Respectfully submitted, APPELLANT, MARK R. T. SIMPSON By: -L----t J rry R. uffie, Esquire ohnson, Duffie, Stewart & Weidner Attorneys for Appellant 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Tel. No.: (717) 761-4540 Supreme Court 1.0. # 09601 APPELLEE, THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP By: s~ ;SqUire Solicitor Attorney for Appellee 25 Waverly Drive Hummelstown, PA 17066 Tel. No. 717-903-1268 Supreme Court 1.0. # 44859 :288168 3 EXHIBIT A SETTLEMENT AGREEMENT, DATED JANUARY 10, 2007, BETWEEN TOWNSHIP OF SILVER SPRING (APPELLEE) AND MARK R. T. SIMPSON (APPELLANT) 4 H ~ ;1 "~r II ; I SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") , made and entered this ~ day of -~,-^Cd""" , 2007, by and between TOWNSHIP OF SILVER SPRING, a municipal subdivision m\he Commonwealth of Pennsylvania, 6475 Carlisle Pike, Mechanicsburg, Pennsylvania, hereinafter called "Township", and MARK R. T. SIMPSON, an adult individual, 5015 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania, hereinafter called "Simpson". BACKGROUND A. Simpson is the owner of an improved parcel of real estate, containing 3.38 acres, located at the northwest corner of the intersection of Rich Valley Road (S. R. 1009) and Carlisle Pike (S. R. 0011), Silver Spring Township, Cumberland County, Pennsylvania, municipally known as 6706 Carlisle Pike, Mechanicsburg, Pennsylvania ("Subject Property"). B. The Subject Property is situated in the Highway Commercial (C-3) Zoning District under the provisions of the Silver Spring Township Zoning Ordinance ("Ordinance"). C. On March 15, 2006, Simpson filed an Application for Conditional Use (Application CU 2006-3A) with the Township's Board of Supervisors ("Board") to construct a pharmacy and convenience store on the Subject Property pursuant to Section 212.3.2 of the Ordinance ("Application"). A copy of the Application is attached, marked Exhibit A and made part hereof. D. The Board held a hearing on the Application on May 24, 2006 and no individual entered an appearance as a party or otherwise. E. On June 28, 2006, the Board approved the requested conditional use and confirmed the approval of the conditional use by letter, dated June 29, 2006 ("Approval"), which Approval attached the following three (3) conditions: 11. The design of the Shopping Center be reworked so that 75% of the oak and 75% of existing evergreen trees will be preserved. J.~ 12. All access to the site shall be from the parallel access road that lies to the north of the project; and direct access onto Rich Valley Road from any point other than the parallel access road is denied. 13. The proposed turn lanes shall be installed immediately as a part of the shopping center construction phase (left onto northbound Rich Valley Road, southwest bound onto Carlisle Pike). F. On July 27, 2006, Simpson appealed the above three (3) conditions pursuant to Notice of Land Use Appeal, entered to No. 06-4276 Civil Term, Court of Common Pleas, Cumberland County, Pennsylvania (ULand Use Appeal"), which said Land Use Appeal is pending. G. Board and Simpson have, since the date of filing of the Land Use Appeal, undertaken amicable discussions in a good faith effort to resolve the Land Use Appeal. H. Simpson, at the request of the Board, engaged a qualified arborist to evaluate the existing oak trees and the existing evergreen trees located upon the Subject Property to determine if preservation of those trees was feasible and, if not, to develop a landscaping plan for the Subject Property to compensate, in part, for the removal of the existing oak trees and existing evergreen trees. I. The arborist, after inspecting the oak trees and the evergreen trees, concluded that the trees were diseased or blighted and removal and replanting of the trees on the Subject Property was not feasible. J. The arborist also proposed a landscaping plan for the Subject Property. K. At the arborist's recommendation, Simpson caused to be prepared a Revised Conditional Use Plan incorporating the provisions of the Conditional Use Plan and depicting the enhanced landscaping proposed for the Subject Property including tree types and the caliber of trees, which said Revised Conditional Use Plan is attached hereto, marked Exhibit C, and made part hereof. L. Board and Simpson, pursuant to this Agreement, now to desire to settle the Land Use Appeal as follows: (1) To amend and revise, in part, the Board's Approval, dated June 29, 2006 (Exhibit B) as set forth in this Agreement; and 2 , . . (2) To settle and discontinue the Land Use Appeal by entering a Stipulation and Joint Motion for Agreed Order and Order confirming the terms and conditions of this Agreement which said Stipulation and Joint Motion for Agreed Order and Order are attached to this Agreement, marked Exhibit C and made part hereof. M. Board and Simpson desire to confirm their understanding in writing. NOW, THEREFORE, Township and Simpson, each intending to be legally bound, agree as follows: 1. Background. The Background set forth above is incorporated herein. 2. Application for Conditional Use No. 2006-3A. The Application for Conditional Use No. 2006-3A, submitted by Simpson (as Applicant), dated March 15, 2006, together with the Memorandum in Support of Conditional Use Application, is marked Exhibit A, attached hereto and made part hereof. The Conditional Use Application, to include the Memorandum in Support of Conditional Use Application, is herein, collectively, called "Application". 3. Notice of land Use Appeal. The Notice of Land Use Appeal, dated July 26, 2006, filed July 27, 2006, entered to No. 06-4276 Civil Term, Court of Common Pleas of Cumberland County, is incorporated herein by reference and hereinafter called "Land Use Appeal". 4. Board's Approval. The Board's Approval, dated June 29, 2006, is marked Exhibit B, attached hereto and made part hereof. 5. Revised Conditional Use Plan. The Revised Conditional Use Plan, entitled "Conditional Use Plan (Landscape Exhibit)", dated October 12, 2006 (consisting of one [1] Sheet), is marked Exhibit C, attached hereto and made part hereof, and is hereinafter called "Revised Conditional Use Plan". 6. Settlement/Board and Simpson. Board (for and on behalf of Township) and Simpson agree to amicably resolve the Land Use Appeal by modifying the Board's Approval. The comments and conditions set forth in the Approval, with the exception of the conditions Nos. 11, 12 and 13, are restated from the Approval and Simpson's response or corrective action with respect to some of the comments are noted. 3 .1 .. Accordingly, the comments and conditions of the Board's Approval are now amended and restated as follows: 1. [20:212.11] - Waste Products All dumpsters are not completely contained within a masonry or fenced enclosure equipped with a self latching gate. The application did not provide screening for the proposed dumpster pad and possibly the compactor pad area at the rear of the proposed drug store. (The Revised Conditional Use Plan depicts the proposed fence enclosure, to be equipped with a self-latching gate, and provides screening for the proposed dumpster pad.) 2. [20:305] - Corner Lots Corner lots shall not permit any walls, trees, or permanent structures within a one hundred (100') feet triangle of the two intersecting roads. (The Revised Conditional Use Plan shows the requisite sight triangle without any walls, trees or permanent structures constructed therein.) 3. [ZO:313] - Outdoor Signs Review of this plan does not constitute approval of the outdoor signs. The permitting procedure for review and approval of outdoor signs is provided in Zoning Ordinance Section 313. 4. [ZO:324.4] - 300 Feet Setback Requirement Automobile filling stations are not set back at least three hundred (300') feet from any lot containing a school, park, or playground. Due to the proximity of this parcel to recently transferred property to the Cumberland Valley School District the applicant shall confirm the satisfaction of this requirement. 5. [Z0:436.2] - Frontage and Access Drive Requirements Access drives are not set back at least two hundred (200') feet from the intersection of any street right-of-way line. The Applicant shall confirm that both access drives comply with this provision of the Ordinance. 6. [20:436.8] - Traffic Impact Study A Traffic Impact Study was not submitted in accordance with Section 402.05 of the Subdivision and Land Development Ordinance. The Traffic analysis submitted does not meet the complete requirements of SLDO Section 402.05. 7. [20:704.1.1] - Filing of Conditional Use Applicant did not provide ground floor plans and elevations of proposed structures. 8. [ZO:704.2.4] - General Criteria Confirmation was not provided that adequate public facilities are available to serve the proposed use (e.g., fire, police, sewer, water, etc.) 4 9. [SLDO:604.01] - Sidewalks were not provided to provide access to a commercial facility or vehicle parking compound. All sidewalks shall have a minimum width of four (4') feet and sidewalks utilized for ADA access shall confirm to the Americans with Disabilities Act Guidelines (including handicapped access ramps). (The Revised Conditional Use Plan shows the internal sidewalks within the parking area [landscape islands] having a minimum width of four [4'] feet and to be constructed in compliance with the Americans with Disabilities Act Guidelines [including handicapped access ramps].) 10. [SLDO 601.18.1] - The Applicant is proposing a left turn dedicated lane for Northbound travel on Rich Valley Road for the proposed site access. Applicant did not show how will these improvements impact the Bobby Rahal entrance location and Stonewall Drive traffic movements? (A Traffic Study entitled "Rich Valley Road Development Traffic Impact Study", dated March 14, 2006, prepared by Trans Associates of Enola, Pa., was submitted with the Application and addresses the impact of the Bobby Rahal entrance location and the Stonewall Drive traffic movements.) The three (3) conditions set forth in the Approval, identified as No. 11, No. 12 and No. 13 are deleted and the following conditions are substituted therefore and additional conditions added to the Approval: 11. Access to the Subject Property shall from the parallel access drive located to the north of the Subject Property and as shown on the Revised Conditional Use Plan; no other direct access from the Subject Property to Rich Valley Road from any point on the eastern property line of the subject property (abutting Rich Valley Road) shall be approved. 12. The dedicated center turn lane as shown on the Revised Conditional Use Plan, together with required roadway improvements to Rich Valley Road, shall be constructed by Applicant (or Applicant's successor) as part of the shopping center construction phase. 13. The future right turn lane shown on the Revised Conditional Use Plan shall be constructed by others and if said right turn lane is not constructed by others by September 1, 2007 then said right turn lane shall be constructed by Applicant (or Applicant's successor) as part of the construction of the shopping center within the existing legal right-of-way of Rich Valley Road and no additional right-of-way shall be required or dedicated. 14. With respect to construction of the right turn lane, if requisite municipal security for the construction of the right turn lane has been posted by a third party then Applicant (or Applicant's successor) shall not be obligated to post municipal security; if municipal security is not posted by others then Applicant (or Applicant's successor) shall provide the requisite municipal security to Township or Pennsylvania Department of Transportation as applicable. 15. Landscaping as shown on the Revised Conditional Use Plan is approved and shall be planted (including species of trees and in the calibers shown) by Applicant (or Applicant's successor) as part of the construction of the shopping center. 5 , . . 16. Applicant (or Applicant's successor) may request a. substitution with respect to any designated species of tree if, based on the arborist's recommendation, said tree cannot be planted or said tree is jeopardized because of soil conditions, utility locations or otherwise, provided that any substitution of any tree shall be approved by Township. 17. Applicant (or Applicant's successor) may request one or more trees be relocated if, based on the arborist's recommendation, that said tree or trees cannot be planted or such tree is jeopardized because of soil conditions, utility locations or otherwise, provided any relocation of any tree as shown on the Revised Conditional Use Plan shall be approved by Township. 18. Applicant (or Applicant's successor) shall be obligated to replace any tree shown on the Revised Conditional Use Plan which dies or is impaired within ten (10) years from the date of the recording of the Final Land Development Plan for the shopping center. 7. Acceptance/Simpson. As set forth in Paragraph 6, the Approval is subject to conditions and Simpson, by the execution of this Agreement, accepts the conditions set forth in Paragraph 6. 8. Court Approval. Township and Simpson agree Township and Simpson shall submit to the Court of Common Pleas of Cumberland County, Pennsylvania, a Stipulation and Joint Motion for Agreed Order ("Joint Motion") and a proposed Order ("Order") which said Joint Motion and Order shall provide that the Court approves this Agreement as the basis to settle the Land Use Appeal. Said Joint Motion shall be executed by Township's Solicitor and Simpson's attorney within ten (10) days from the date of full execution of this Agreement and Simpson's attorney is authorized to file the Joint Motion and Order with the Court within fifteen (15) calendar days thereafter. The Joint Motion shall provide, among other things, that the Land Use Appeal shall be marked settled and that all costs in connection with the Land Use Appeal shall be paid by Simpson (Appellant). 9. Entire Agreement. This Agreement sets forth the entire understanding between Township and Simpson with respect to the subject matter herein and supersedes any prior agreements, whether oral or written, pertaining to the subject matter set forth herein. 10. Governing Law. This Agreement shall be governed by, construed and enforced In accordance with the laws of the Commonwealth of Pennsylvania. 11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Simpson, his heirs and assigns and Simpson's successors in title. This Agreement shall be binding upon and shall inure to the benefit of Township, its successors and assigns. 6 12. Amendment. This Agreement shall not be amended, changed or modified except in writing signed by Township and Simpson. IN WITNESS WHEREOF, Township, by its duly authorized officers, and Simpson, individually, have caused this Settlement Agreement to be signed and delivered, in duplicate, as of the day and year first above written. Township: Township of Silver Spring ATTEST: ,~~ ....-~..- --... .., ./ /. ../;:;/ 4k ;o;~~~~~~~ L>'~, Simpson: ~~~~- Mark R. T. Simpson / WITNESS: :286592v7 7 , I 'f . . EXHIBIT A Application for Conditional Use No. 2006-3A 8 SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS APPlICA TIDR FOR CONOmOllAL USE NO. ~- ~A (Section 704) GENERAL INFORMATION. Name of Appiicant(sl Mark R. T. Simpson Address S015 E. Trindl P Road f MpC':h;:tni r-~h'l1T'~\" PA 17()C)O Telephone No. 671-7566 Application Date MRrc.h 1h) 700fi Name of LandDwner Df Record Mark R. T. Si mpson Subject Property Address 6706 Car lisle Pike Subject Property Zone Hi1!hway - Commercial (C-3) . Requested Use (Section No. Section 212.3.2 Sho'Ppingl.:Center Name, address and telephone of representative or consultant Mark 'R. i.' Si mp~on S015 E. Trindle Road, Mechanicsburg, FA 17050 (717Y 691-7566 AoomONAL RHIUlREMENTS {lnclude/b copies of each of the followingl. X 1. Written report providing all of the information required by Sections 701.2 and 701.3 of the loning Ordinance; x 2. Listing of names and addresses of adjDining property Dwners, including properties directly across a pub"c right-of-way; 3. Ground floor plans and elevations of prDposed structures; 4. A scaled site plan of the site with sufficient detail and accuracy to demonstrate compliam:e with all applir:able provisions of the ZDning Ordinance; and x X X 5. A written description of the proposed use. in sufficient to detail to demonstrate compliam:e with all appficable provisions of the Zoning Ordinance, including the following: X A. Each of the Specific Criteria attached to the requested conditional use as listed in Article 4 of the Zoning Ordinance; B. The Zone requirements in which the subject property is located (e.g., setbacks, 10 t area, lot width, 10 t coverage, height, landscaping, etc.); c. The General Provisions requirements fisted in Article 3 of the Zoning Ordinance le.g., vehicular access, off. street parking and loading, signs, screening and landscaping, etc.}; and D. Each of the General Criteria fisted in Section 704.2 of the Zoning Ordinance. x x x FEES { ,. The hearing fee for a conditional use is $ 4iJ(!,..(] {j pur~uant to Section 702 of the Zoning Ordinance. 2. The appficant shall be required to pay an pubfic notice and advertising casts as specified in Sections 704.5.3. of the Zoning Ordinanc!. 3. The applicant shan pay for one.half (1/2) of the stenographer' s appearance fee as specified in Se[:tinns 704.5.8. of the Zoning Ordinance. S1GNATURE I hereby certify that the information submitted in accordance with this appucation is correct, and I f~her awe~~~e. Applicant s . ature prsh6 D / ADMINISTRA TlON Date Appfication Accepted Total Costs Dates Advertised ltwo successive weeks no more than 30 and no less than 7 days before hearingl Property Posting (at least one week before hearing) Planning Commission Submission Date (no less than 30 days before public hearing) Planning Commission Hearing Date & Recommendation Date of Hearing Date of Decision Decision Conditions of Approval Chairman Vice Chairman Secretary SILSPS ..', '/ MEMORANDUM IN SUPPORT OF CONOmONAL USE APPLICATION MARK. R. T. SIMPSON 6706 CARLISLE PIKE This Memorandum is submitted by Mark. R. T. Simpson for the purpose of supplementing his Conditional Use Application (" Application") to the Silver Spring Township Board of Supervisors (UBoard") dated and submitted March 15, 2006 for approval of the following two conditional uses under the Silver Spring Township Zoning Ordinance ("0rdinance"): (i) Section 212.3.2 (Shopping Center Use in a Highway Commercial C-3 District); and (ii) Section 308.2 (Direct Vehicular Access Via an Access Drive to Carlisle Pike). This Memorandum is hereby incorporated into and made part of said Application. Subject Property The property which is the subject of this Conditional Use Application is located at 6706 Carlisle Pike, Mechanicsburg, Silver Spring Township ("Property"). The Property, which measures 3.38 acres in size (more or less) is situated at the northwest comer of the intersection of Carlisle Pike (S.R. 0011) and Rich Valley Road (S.R. 1009). The Property is currently improved with a small single story office building previously occupied by the American Trauma Society but is now vacant. The Applicant acquired the property on March 15, 2005. A copy of the Deed for the Property is attached hereto as Exhibit,"A". Names and Addresses of AdioininQ Property Owners Attached as Exhibit liB" are the names and addresses of adjoining property owners including properties directly across the public right-of-way, Proposed Use The Applicant is proposing two (2) commercial retail uses for the Property. The first use will be that of a neighborhood retail pharmacy with a building footprint of approximately 14,500 square feet (more or less). The pharmacy building will be constructed of brick and other similar masonry materials and will be comparable to similar buildings of national " , ., pharmacy retail chains recently constructed in the greater Harrisburg area. The pharmacy will include the typical retail pharmacy uses associated with the present day retail pharmacy operation, including but limited to, the sale of over the counter medications, cosmetics, household sundries, photo finishing, grocery items and prescription pharmacy services, to include a two lane drive through for prescription pick-ups. The secon~ proposed use for the Property is that of a convenience store use. The convenience store will be constructed in a fashion similar to facilities recently constructed in the greater Harrisburg area by national retail chains. The building foot print will contain 3,000 square feet (more or less). The operation of the convenience store will be similar to that of other national retail convenience store operations in the Harrisburg area and will include, but not necessarily .be limited to, the sale of prepared foods, convenience foods, household sundries, delicatessen items, snack foods, newspapers and magazines, and the dispensing and sale of gasoline products. A scale drawing of these proposed uses on the Property is attached hereto as Exhibit "C" and made part the Application. Conditional Use Criteria Section 436 - Shoppinq Centers or Malls The Applicant is proposing a shopping center use within the Highway Commercial (C-3) Zoning District. The Applicant's proposal falls under the definition of "shopping center" due to the fact that there wilf be two (2) retail uses upon the Property with shared access and parking. The proposed use meets the requirement that the subject property shall front on an arterial or collector road as both Carlisle Pike and Rich Valley Road meet or exceed those status requirements. The minimum lot size requirement of two (2) acres is met as the Property measures 3.38 acres in size (more or less). Minimum lot width requirements of 200 feet are also met as the lot frontage along Carlisle Pike measures 335 feet (more or less) and the frontage alDng Rich Valley Road measures 245 feet (more or less). The Applicant also meets the shopping center parking requirements of 5.5 off street parking spaces for each 1DDD square feet of gross leaseable floor area. Given the proposed use, that calculation results in a requirement of 97 spaces and the applicant proposes to provide 115 spaces. Both public water and sewer are directty available to the Property. Maximum lot coverage limitations are met as 2 'J the proposed uses will result in a maximum lot coverage of 68:56%, which is less than the maximum allowable coverage of 70%. The Applicant has also submitted a traffic study which supports this proposed conditional use. The reader is referred to the traffic study for further discussion of these requirements. Section 308.2 - Requirements for Direct Access to Carlisle Pike The Appficant is proposing direct vehicular access from Carlisle Pike to the Property in the form of a right-turn-in only access drive to be centered in the middle of the Property, which will serve both proposed uses. This access drive will only be an entrance and no exit will be allowed onto Carlisle Pike directly from the Property. In today's commercial retail development environment, prestigious national retail tenants have strict site access requirements which must be met if the Applicant will be successful in securing such tenants for these proposed uses. The right-turn-in only has been specifically required by several prospective tenants and it is the Applicant's position that it will be difficult to develop this site with quality retail uses without the pro'posed right-turn-in access drive. In addition to the right-tum-in only access drive, the Applicant is proposing a full access driveway on the eastern side of the Property accessing Rich Valley Road, opposite the existing entrance to the Bobby Rahal Honda Automobile Dealership facility. There are no other Township roads which currently front the Property or are proposed to serve the Property. Nor is the Applicant proposing any additional Township roads to service the Property. The Applicant is not aware of any proposed Township roads or "vehicular control points" which could provide the secondary point of access which the driveway from the Carlisle Pike will provide. The Applicant's full movement driveway proposed for Rich Valley Road will include a dedicated left turn lane into the Property, which the Applicant believes will provide safe and efficient means for ingress and egress from the Property for patrons of both proposed uses, as well as delivery and service vehicles which may visit the Property. This full movement driveway will provide the.primary means of ingress and egress to and from the Property. 3 The proposed right-turn-in access drive from Carlisle Pike provides the needed second point of access in an manner in which the Applicant believes is designed to minimize adverse impact upon the safe and convenient traffic flow, both on and adjacent to the Property. Neither the right-turn-in access drive nor the full movement access drive along Rich Valley Road will serl/ice. any other adjoining property. The Applicant has submitted a traffic study with this Application which demonstrates support for this request. The reader is referred to the traffic study for further discussion of these requirements. Traffic Study Accompanying this Application is a traffic study entitled -Rich Valley Road Development Traffic Impact Study. dated March 14, 2006, prepared by Trans Associates of Enola, Pennsylvania. This traffic study, including the executive summary, support all aspects of the Applicant's Conditional Use Application relative to traffic matters. A copy of the traffic study is referenced in Exhibit 0 of this Application and is incorporated into and made part of this Application. A representative of Trans Associates will be available to testify at the Applicant's Conditional Use hearing and provide additional information concerning the study. General Criteria and Summary The Applicant believes that he has demonstrated that the proposed uses for the Property and the conditional uses requested as part of this Application are consistent with the purpose and intent of the Ordinance. The Applicant also believes that the proposed use for the Property will not detract from the use and enjoyment the adjoining or nearby properties, all of which are commercial uses or pending commercial uses which will be developed in the near future. The proposed uses will also not effect a change in the character of the subject neighborhood for the same reason. Adequate public facilities are available to serve the proposed use, the proposed development is not within the Flood Plain Zone, and the proposed use will not substantially impair the integrity of the Township's Comprehensive Plan. Rather, the Applicant believes that he will not only demonstrate compliance with all the general and specific criteria within the Zoning Ordinance for the proposed conditional uses and the use 4 . J '~ of the Property, but that the proposed use will be a beneficial asset to the growing residential and commercial population in the vicinity of the Property and an overall benefit to Silver Spring Township at large. Respectfully submitted, March 15, 2006 ~~~:- Mark R. T. Simpson 5 ,'I EXHIBIT B Board's Approval 9 . ~ r.-~, ., j.' "f "':" r~"':j{ .., 'r II: r, ~! .,.... If i..' !.l..!!..""'" .!i.~.a ,...-~ (') ..,.. I, . \:.. .lo. \. ' . N1 S ........ '::' 1 I .. 1-1 ;.: ;' :' .'" .suSUR~A\J SERENITY WITH L:RBAN PROXI\::n'" C '!lI;:-.lclp!Jt'!' Ie L ..aWl. C. .llaiclll;f11 .l ;111 \, [.l.'Blilllt., \ 'jn,'-<. .11;1 i n 11;111 .l:w I. i(' l.';llill :.l:lry IJHl I~it'r"t't....~lt-l.aill \.illn'lll T. Dil'ilippll Mark R, T. Simpson 5015 East Tnndle Road. Mcchanicsburgt PAl 7050 June 29, 2006 P....E : Marle R. T. Simpson Conditional Use CU2006- 3A Shopping Center' , Dear Mr. Simpson: The Silvcr Spring Township Board of SUperv11'OrS at its meeting held June 28) 2006 approved the above noted conditionaJ use with the following comments: CONDmONAT,l:IRE: 1. [ZO :212. 1 I J - Waste Products All dumpsters arc not completely contained within a masonry or fenced enclosure equipped with a self latching gate. The appliciilion did not provide screening fDr the proposed durnpslcr pad and pm~sibly the compactor pad area at the rear of the proposed drug store:. 2. LZO:305] - Comer Lots Comer lots shall not permit any walls, trees, or permanent structures within a one hundred (100') feet triangle of me two intersecling roads. 3. [ZO:313) - Outdoor Sigru; . Review of this plan does not constitute apprDval of the outdoor signs. The permitting procedure for review and approval of ouidoo! ~i&rns is provided in Zoning Ordinance Section 313. 4. lZO:324.41 - 300 Feet Setback Requirc;mcnt Automobile filling stalians arc not set back at least three hundred (300') feet [Torn any lot containing a school, park, or playground. Due 10 the proximity of this parcel 10 recently lnmsfcrred property to Lhc Cumberland Valley School District the applicant shall confirm the satisfaction of this . requirement ti-lf~ CARLISLE PIKr I MLcHANlcseVRCi ) prNN~;'l'UfA.NI"" 170r.1) " . '" .-' Page 2 Mark R. T. Simpson CU2006-3B 5. [ZO:436.2] - Frontage and Access Drive Requirements Access drives m-e not set back at least two hundred (200~) feet from the intersection of any street right-oi-way line. The Applicant shall confinn that both access drives comply vvith this provision of the Ordinance. 6. [20:436.&J - Traffic Impact Study A Traffic Impact Study \WaS not submitu::d in accordance with Section 402.05 of the Subdi~;on and Land Development Ordinance. Th.c Traffic Analysis submitted docs Dot meet thc complete requirements of SLDG Section 402.05. 7. [ZO:704.1.11- Filing .of Conditional Use Applicant did not provide ground noor plans and elevations of proposed structurt:s. 8. [20:704.2.4] - General Criteria Confmnation was not provided that adequate public facilities arc available to sc::rve: 1b.c proposed use (e.g... fire, police, sewer, water, etc.) 9. [SLDO:604.011- Sidewalks were not provided to provide access to a commercial facility OT vehicle parking compound. All sidewalks shall have a minirnwn width of four (4") feet and sidewalks utilized for ADA access shall conform to the Americans with Disabilities Act Guidc:1incs (including lumdieapped access ramps). 10. [SLDO:602.18.1] - The Applicant is proposing a left turn dedicated lane: for Nonhbound lrdvd on Rich Valley Road for the.: propo..c;ed siLc access. Applicant did not show how will these improVf:IT1cnlS impact the Bobby R.ahalentrance location and SLoncwa:J1 Drive traffic movements? 11. The design of the shopping center be reworked so that 75%1 of oak and 75% of exisLing evergreen trees will be pr~scrvcd. 12. All access to the site shall be from thc parallel acc:e~s road that lies to the north of the project; any direct access onto Rich Vallcy Road from any point other than the pm-allel access road is dc:ni~d. 13. The proposed turn lanes shall be installcd immediatcly as a part of the shopping center constrUction phnse (left onto northbound Rich VaIley Road., southwest bound onto Carlisle Pike). . . . ~ ',^ Page 3 Mark R. T. Simpson CU2006-3B If you have my questions, please do not hesitate to contact Mr. James E. Hall, Zoning Officer. Sinccr\el~~ f\ ~" .~ ,,1 rk;\ I . ~-~~ "William S. Cook ~. T own..cmip Manager WSC/kk cc: James E. Hall, Zoning Officer Kelly K.. K.clc14 Assistant Township Manager Str:vc A. Stine, Esquire~ T ownsb.ip Solicitor Bony Dawood. P.E.~ Township Engineer J. Michael Brill & Associates, Applicant!s Engineer J '.: 4 .' EXHIBIT C Revised Conditional Use Plan [Entitled "Conditional Use Plan (Landscaping Exhibit)", Dated October 12, 2006, Revised December 20, 2006] 10 \~\ ' qq I \ \ ~ \ % \ \ "1 \ \ \ \ \ - , --' r.n ~ g .... .... ~ ~ $A ~ t" ~ ~ - ,. tt .. .. (j \\\\ % ili\ ~ \\' ~ I'''' r II, ~ ~~ 1 .- \'" "\ \f .,. (,OOnl'S (\'fo'll 1>'il'1'1'1/ t>. l\':)l1l \ . ?,~ \ .; \ \ \ ,~I \\, \\),"f\ " "" \ \I \ \ \ . \ /, i, .. ,. \'. '" .. ~ It ~><l '" ,.,'2\ ~~ \i ~ '" ~ ':.: '; '1 ". \.e.\J!!.,_-..,..e\--lJlt \ \ H\\\\\\\ ~ '\i,l, "i ,~ \ ' .. g "~I . \ I o. \i \ , 111\ ,,~, ... I \ ~ II' , ,\ @ \, \ \\ 1 \\\, ,\,\\\\.. \l'i'l' It,,tl\' tt~ttt\ l t a.C C ,s, , \. I \ , , ~ I \,\ \1 " . r- ;.1 'I"" ..... ",,0" ""AL "" ?LANtL"""'<;Al'E"""",,, · J...... .... g -i.r'iii'..r- -6>~1!S, ll\C ~~ ... __ ~ ~ .....n... ,...."". ...".... -~ ------=:= _ "" -::: ':: -::." :::;:0.- .---- . ---- . -~ - -....,. {--.,. __.l JAW 1i '7 7.001 pJ. . .. MARK R. T. SIMPSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant v. NO. 06-4276 CIVIL TERM CIVIL ACTION - LAW THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP Appellee NOTICE OF LAND USE APPEAL ORDER AND NOW, this I '" day of 1d-"J ( , 2007, upon consideration of the within Stipulation and Joint Motion for Agreed Order, it is Decreed and Ord'ered that the Settlement Agreement, attached as Exhibit A to the Stipulation and Joint Motion for Agreed Order, is approved and the Court adopts such Settlement Agreement, in its entirety, in connection with the settlement and disposition of the Land Use Appeal. It is further Decreed and Ordered that the Land Use Appeal shall be marked settled and that the Settlement Agreement shall be the Order of Court with respect to disposition of the Land Use Appeal. Appellant to pay costs. BY THE COURT By: I 1.4/L J. :288176 9 I :8 WV 6 I NiT LOOZ A' l\1i('" ,'\, '.', , , :JHl -10 ti~ 01'lvHlU'jQ.... ;)' 381:HO-031!:l