HomeMy WebLinkAbout02-2667SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT,
LLC
VS.
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
Appellee
)
) CUMBERLAND COUNTY
)
)
)
)
)
)
)
)
)
) No. C)a--o.~/~,.7
IN THE COURT OF COMMON PLEAS OF
NOTICE OF LAND USE APPEAL
AND NOW, come the Appellants, Shippensburg Town.houses, LLC and
Westminster Development, LLC, by and through their attorneys, Knox McLaughlin Gomall &
Sennett, P.C., and file this Notice of Land Use Appeal stating in support thereof as follows:
1. Appellant, Shippensburg Townhouses, LLC, is a Pennsylvania Limited Liability
Company that owns real property in Shippensburg Township identified as 6 Bard Drive,
Shippensburg, PA 17257 (90 Unit Apartment House); Index No. 36-32-2269-023A.
2. Appellant, Westminster Development, LLC, is a Pennsylvania Limited Liability
Company that owns real property in Shippensburg Township identified as 605-607 East King
Street, Shippensburg, PA 17257; Index No: 36-33-1869-28 (Appellants herein shall be
collectively referred to as "Westminster").
3. The Appellee, Shippensburg Township, is a township of the second class with an address
of P.O. Box 219, Shippensburg, Pennsylvania, 17257 (hereinafter referred to as the "Township").
4. The real property in question is an approximately 4.7 acre lot located partially in
Shippensburg Township and partially in Shippensburg Borough (approximately 3.4 acres are
located in the Township and approximately 1.2 acres are located in the Borough) and is
identified as tax parcel number 33-1869/Parcel 40 and located at or near the intersection of
Kenneth and Brookside Avenues (the real property at issue shall hereinafter be referred to as the
"Property"). It is believed and therefore averred that the property is owned by Lawrence and
Alice Royer with an address at 100 East Orange Street.
5. On October 16, 2001, CSR Enterprises (hereinafter referred to as the "Developer") filed
an Application for Subdivision and Land Development Plan Review proposing to develop the
Property with apartment houses.
6. On April 15, 2002, the Shippensburg Township Planning Commission reviewed the
"CSR Revised Land Development Plan". The Planning Commission conditionally approved the
CSR Revised Land Development Plan subject to the following:
(a) overcoming "recreation need" as stated in the Shippensburg Township Zoning
Ordinance Section 914(11);
(b) satisfaction of the concerns raised in an April 10, 2002 letter from the Shippensburg
Township engineering finn, Martin and Martin, Inc. (Martin and Martin, Inc. letter is
attached to this Notice of Land Use Appeal as "Exhibit A"); and
(c) satisfaction of the Cumberland County Planning Commission comments.
2
7. On May 4, 2002, the Shippensburg Township Supervisors reviewed a "Revised Land
Development Plan for CSR". The Township Supervisors conditionally approved the plan as a
"Final Plan" contingent upon the following:
(a) satisfaction of the comments contained in April 10, 2002 from the Shippensburg
Township engineering finn, Martin and Martin, Inc.; and
(b) approval by the Shippensburg Borough Board of Supervisors.
8.' Westminster seeks a review of the Township Supervisor's approval of the CSR Revised
Land Development Plan.
9. The action of the Township Supervisors in approving the CSR Revised Land
Development Plan described above was arbitrary, capricious, contrary to law and constituted an
abuse of discretion in the following particulars:
(a) the Developer failed to comply with Article III of the Township's Subdivision and
Land Development Ordinance in that it failed to submit and obtain approval of a
Sketch Plan and/or Preliminary Plan prior to submitting and obtaining approval of a
Final Plan;
(b) the Developer failed to comply with Section 303 of the Township's Subdivision and
Land Development Ordinance in that it failed to submit the information necessary to
support a development with fifty or more dwelling units proposed;
(c) the Township Supervisor's approval was specifically contingent upon the Martin and
Martin, Inc. letter dated April 10, 2002. The Martin and Martin, Inc. letter contains
eleven separate paragraphs detailing the various deficiencies in the CSR Revised
Land Development Plan. The Township Supervisors therefore implicitly
acknowledged that the CSR Revised Land Development Plan did not comply with the
Township's Subdivision and Land Development Ordinance. The Township
Supervisors cornmitted an area of law in approving the CSR Revised Land
Development Plan as the Plan does not comply with the Township's Subdivision and
Land Development Ordinance. Westminster specifically incorporates the averments
contained in the Martin and Martin, Inc. April 10, 2002 letter herein as specific
factual allegations in support of this Land Use Appeal;
(d) the Developer failed to comply with Section 909 of the Shippensburg Township
Zoning Ordinance concerning off-street parking spaces. The Plan indicates that 183
parking spaces are required for the proposed development. The Zoning Ordinance
requires that each parking space must provide a minimum area of not less than 200
square feet. The Developer's Final Plan reflects only 77 parking spaces that meet this
regulatory definition. To the extent that the Developer proposes to satisfy the
Shippensburg Township Zoning Ordinance's parking requirements with parking
spaces located in the Borough of Shippensburg, such spaces must meet the regulatory
definition as set forth in the Shippensburg Township Zoning Ordinance (i.e. a
minimum area of 200 square feet). As proposed, the Developer's Final Plan fails to
satisfy the parking requirements set forth in the Shippensburg Township Zoning
4
Ordinance. Moreover, although the Developer's Final Plan idenfifies there being 183
parking spaces provided, the actual number of spaces reflected on the Final Plan is
180 (not to mention the fact that such spaces do not meet the regulatory definitions
set forth in the Shippensburg Township Zoning Ordinance);
(e) the Developer failed to comply with Section 914(11) of the Shippensburg Township
Zoning Ordinance concerning "recreational areas". The Developer's Final Plan fails
to identify or designate an area sufficient to satisfy the requirement that 20% of the
total area be "reserved and developed for outdoor recreational purposes designed to
serve the residents of the development." Even assuming for the sake of argument that
the three areas depicted on the Developer's Final Plan as "open space/recreation area"
(i.e. area Southeast of Building No. 1 - approximately 100 feet x 25 feet; area
between Building Nos. 3 and 4 - 120 feet x 40 feet; and, area Southeast of Building
No. 5 next to parking lot shown as a volleyball court - 50 feet x 65 feet) are the areas
intended to be "reserved and developed for outdoor recreational purposes designed to
serve the residents of the development", such areas amount to only 5.87% of the total
tract area (i.e. 0.25 acres out of 4.67 total acres);
(f) the Developer failed to comply with Section 402(3) of Shippensburg Township
Zoning Ordinance concerning "Occupied Areas". Although the Developer's Final
Plan identifies the total building area as comprising 32, 400 square feet, the actual
dimensions reflected on the Final Plan reveal a total of 33,040 feet (i.e. five
apartment buildings measuring 118 feet x 56 feet plus one office building
5
approximately 48 feet x 36 feet). 10% of the total area has been offered to
Shippensburg Township by the Developer thereby reducing the total acreage
available for development to 4.2 acres. The total impervious surface area is in excess
of 60% of the total tract area and therefore violative of Section 402(3) of the
Shippensburg Township Zoning Ordinance. Attached to this Notice of Land Use
Appeal as "Exhibit B" and incorporated herein by reference are two illustrations
detailing the deficiencies described in subparagraphs (e) and (f) herein.
10. Westminster hereby specifically preserves the right to supplement this Notice of Land
Use Appeal upon having the opportunity to review the entire certified record in this matter when
such record made available to this Court by Appellee.
WHEREFORE, the Appellants, Shippensburg Townhouses, LLC and Westminster
Development, LLC hereby request this Honorable Court to enter an Order reversing the Board of
Supervisors of Shippensburg Township's approval of the CSR Revised Land Development Plan
and directing that the Revised Land Development Plan at issue be denied.
Date: May 30, 2002
# 435873
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
BY:
Brian owacki, Esquire
120 West 10th Street
Erie, PA 16501
(814) 459-2800
Attorneys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
SHIPPENSBURG TOWNHOUSES, LLC and
WESTMINSTER DEVELOPMENT, LLC
VS.
Appellants
BOARD OF SUPERVISORS OF
SHI?PENSBURG TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
No.
CERTIFICATE OF SERVICE
I hereby certify that I am this 30t~ day of May, 2002 serving a tree and correct copy of the
foregoing Notice of Land Use Appeal by U.S. mail on the following:
Shippensburg Township
Board of Supervisors
c/o Ronald Turo, Esquire,
Counsel to Board of Supervisors
28 S. Pitt Street
Carlisle, PA 17013
Linda Asper, Township Secretary
Shippensburg Township
P.O. Box 219
Shippensburg, PA 17257
Date: May 30, 2002
# 435873
Lawrence and Alice Royer
c/o CSR Enterprises
9767 Forest Ridge Road
Shippensburg, PA 17257
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
Brian G16~vacki
120 West 10~' Street
Erie, PA 16501
(814) 459-2800
Attorneys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC
martin and martin, incorporated
37 south main street · suite A · chambersburg, pennsylvania · 17201-2251
(717) 264-6759
(717) 264-7339 (fax)
April I (I, 2002
Shippensburg Township Supervlsom
P. O. Box 219
Shippensburg, PA 17257
Re: Final I,and Develnpment Plan
CSR Enterprises
(')ur file: 492.97 (T36-49297)
Gentlemen:
Our offi~;e has reviewed the above referenced plan in accordm~ce with the Township Ordinancea
and in light ot'our earlier comments dated November 13. 2001. We would note the following
remaining comments for your consideration.
1. Pennsylvania DEP planning module approval is required. (308.J)
County Conservation I)istrict approval is required. {308.1.1)
3. The Developer is required to guarantee the completion of all public improvements prior to
release of an approved Final Plan. (307.D) ^ cost cstimam ha,~ bccn provided I'or revlcw.
We believe two additional items should he included within this estimate; the proposed
sidewalk within the Brookside Avenue right-ol'-way and thc proposed "No Exit" sign along
Kenneth Avenue. Upon snbmission ot'a revised cost e.~tlmatc~ our ofllce will issue a
detetmlnation of adequate security.
4. The ultimate resolution of thc Parker property's encroaching mobile home ~hould be
determined.
5. The owner's certitlcation must be signed anti notariz;ed. (308.E)
6. Thc sur~cyor'.q certification of accuracy and the storm drainage plan certification should be
signed and dated.
7. A ponion of the property lies within the Ilorough of Shlppen~burg and the plan is, lhcrcfore,
subject to approval by the Florough Council.
8. With regard to stormwater management, a table outlining the overall pre- and post-
development discharge rates should be included within the narrative. (506)
Shippensburg Township Supemisors
April 10, 2002
Page 2
The proposed recreation areas illustrated on the Preliminary Plan have been eliminated from
the Final Plan. The applicant must demonstrate how the plan will meet the recreation
reqairemenla of Section 914.11 of'the 7~oning Ordinance.
10.
The intbrmation required in Sections 91 .~.2 and 913.3 of' the Zoning Ordinance should be
addressed. This information includes archit¢ctunsl views and floor plans ol'thc proposed
structures and details on ownership and maintenance of the premises.
II.
Screening has been pn~vided a~ required in the Conditional I.Ise approval, however th~
double row ofzree~ is narrowed to a single mw along a portion of the Elha, Lj property, fiat
all possible, thls should be increa.~cd Io a double row of trees as well.
Should you have any questions ¢on~cming this correspondence, plea.qe don'! hesitate to contact
this office at your convenience.
Very truly yours,
MARTIN AND MARTIN, INCORPORATED
TCC
cc: Planning Commission
Carl Ben. & Associates
Timothy C. Cormany, AICP
Illustration 1.
,CSR Plan S~uare feet Acma~e % Of total --
¥otal land 203;382 4.67
Land offered to Shippensburcj Township 20,261 0.46512 10%
As shown on CSR Plan
l'oral land for development 183.12' 4.20
Desionated Recreational areas
Ama SE of buildincl 1 100' x 25' 2500
Area between Building 3 & 4 125' x 40' 5000
Area SE of Building 5 next to perking lot 50' x 65' _~.~n
shown as sand volleyball court 1075( 0.25 5.87%
Total area desi<jneted as recreational area
Area required by ~e Township Ordinance
Section 914.11 35~524 0.84 20%
designated as recreational area
~.dditional area re~luired not shown on CSR Plan 2S~874 0.5~4 14%
Illustration 2.
CSR Plan ~uare feet Acm.~q,, % Of total Notes
total land 203.382 4.67
.and offered to Shippensburg Township 20~281 0.4651 10% ~s shown on CSR Plan
l'otal land for development 183~121 4.20
Actual bulldin(~ area 34,768 0.80 19% ~lan states p _l~y~_~__~_~ building area of.
(5) apt bldgs measuring 118' x 56' = 6608 33.040 ~2,400; the ,,nh,=/plans dimensions are
lO, office building approx 48' x 36' = 1725 1~728 ~ot con~_~t_~,~, t ~th the plan $~ment
?mpesed sidewalk area 13,478 0.31 7% As shown on CSR Plan
Proposed driveways/parkln9 a~a 65~775 1.51 36% As shown on CSR Plan
Total impervious surface 114.021 2.62 62,3%
Impervious surface maximum 109,873 2.52 60.0%
Exceeds Ordinance Seciion 402.3 4.148 0.10 2.3%
"If proper parking was included to meet minimum size: this would further incm_~_~_- the e-ce_=_~ of impervious surface
S~IPPENSBURG TOWNHOUSES, LLC
AND WESTMINSTER DEVELOPMenT, LLC
Appellants
USe
BOARD OF SUPERVISORS OF
SHI PP~NSBURG TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2667 CIVIL TE~
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND)
TO: Board of Supervisors of SHippensburg Township
We, being willing for certain reasons, to have certified a certain action
between ShiD~ensburq Townhouses, LLC and Westminister Develol~nent, LLC
VS. Board of Supervisors of Shippensburq Township
pending before you, do co~Nnand you that the record of the action aforesaid with
all things concerning said action, shall be certified_~nd s~nt to our judges of
our Court of Co~non 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 Co~Dnwealth.
WITNESS, the Honorable George E. Hoffer, P.J. ~
our said Court, at Carlisle, Pa., the 31st day of May, 2002.
7099 q400 0018 5004 7993
SHIPPENSBUKG TOWN-HOUSES, LLC
and WESTMINSTER DEVELOPMENT,
LLC,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
Appellee
and
CAROL VESCHI, SEAN TIGHE,
ROBERT VESCHI, t/d/b/a CSR Enterprises,:
: LandUse Appeal
Intervenor
NOTICE OF INTERVENTION-
Please take notice that CSR Enterprises, the owner
generally between Kenneth and Brookside Avenues, Ship
Shippensburg Borough, Cumberland County, Pennsylvania, the
in the decision of the Board of Supervisors of Shippensbm
County, Pennsylvania, from which this appeal has been lodged,
support of the decision of the Board of Supervisors.
of the premises located
>ensburg Township and
>roperty directly involved
Township, Cumberland
~tervenes in the Appeal in
Respectfull t submitted:
COYNE & COYNE, P/C(
i a Made Coyn~} Esqm
~3~Market St. '
c,, C~np Hill, PA 17011-4227
(7 ~7) 737-0464
Pa. Supreme Ct. No. 53788
Al torneys for Intervenor
CSR Enterprises
_CERTIFICATE OF SERVICE_
I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the
foregoing NOTICE OF INTERVENTION was served this date upo~ the below-referenced
individuals at thc below listed address by way of first class mail, postage
Ron Turo, Esquire
Solicitor, Shippensburg Township
28 South Pitt St.
Carlisle, PA 17013
Timothy M. Zieziula, Esquire
Knox, McLaughlm, Gomall & Sermett, P.C.
120 West 10~ Street
Erie, PA 16501
Dated:
e-paid:
(717) 737-0464
WENDY L. MATTY, and
GREGORY M. MATTY,
her husband,
Plaintiffs
DONNA NYE,
Defendant
IN THE COURT OF COil
CUMBERLAND COUNT
NO. 02-2~ CIVIL TEl
CIVIL ACTION - LAW
JURY TRIAL DEMANDE
PLAINTIFFS' REPLY TO DEFENDANT'S NEW I~
AND NOW, come the Plaintiffs, WENDY L. MATTY and G
by and through their attorneys, HANDLER, HENNING & ROSENE
Matthew S. Crosby, Esq., and answer as follows to Defendant's I~
23. The allegations in Paragraph 23 contain conclusions
law to which no response is required. If a response is judicially dE
required, the averments contained therein are specifically denied.
24. Denied. The allegations in Paragraph 24 contain co
law to which no response is required. If a response is judicially d(
required, the averments contained therein are specifically denied.
25. Denied. The allegations in Paragraph 25 contain co
law to which no response is required. If a response is judicially dE
required, the averments contained therein are specifically denied.
_]_
IMON PLEAS
~', PENNSYLVANIA
D
ATTER
~EGORY M. MATTY,
;ERG, LLP, by
ew Matter:
~f
,termined to be
~clusions of
.termined to be
~clusions of
termined to be
26. Denied. The allegations in Paragraph 26 contain c¢
law to which no response is required. If a response is judicially d~
required, the averments contained therein are specifically denied.
27. Denied. The allegations in Paragraph 27 contain cc
law to which no response is required. If a response is judicially de
required, the averments contained therein are specifically denied.
28. Denied. The allegations in Paragraph 28 contain cc
law to which no response is required. If a response is judicially d~
required, the averments contained therein are specifically denied.
29. Denied. The allegations in Paragraph 29 contain cc
law to which no response is required. If a response is judicially dE
required, the averments contained therein are specifically denied.
30. Denied. The allegations in Paragraph 30 are denie¢
R.C.P. Rule 1029(e). By way of further response, to the extent th
contained in Paragraph 30 are conclusions of law, no response is
response is judicially determined to be required, the averments cc
specifically denied.
31. Denied. The allegations in Paragraph 31 contain co
law to which no response is required. If a response is judicially dE
required, the averments contained therein are specifically denied.
-2-
nclusions of
.~termined to be
nclusions of
;termined to be
nclusions of
,termined to be
nclusions of
~termined to be
pursuant to Pa.
~t the allegations
required. If a
ntained therein are
lclusions of
termined to be
32. Denied. The allegations in Paragraph 32 contain c¢
law to which no response is required. If a response is judicially d
required, the averments contained therein are specifically denied.
33. Denied. The allegations in Paragraph 33 contain c¢
law to which no response is required. If a response is judicially d~
required, the averments contained therein are specifically denied.
34. Denied. The allegations in Paragraph 34 contain cc
law to which no response is required. If a response is judicially de
required, the averments contained therein are specifically denied.
WHEREFORE, Plaintiffs respectfully request that this Hon(
Defendant's allegations and enter judgment in favor of the Plaintif
Date:
Respectfully submitted,
,nclusions of
.~termined to be
nclusions of
;termined to be
nclusions of
:termined to be
,rable Court deny
;s.
HANDLER~ERG
By:
/
Matthew S. Crosl~y, Esquire
Attorney I.D. # 89367
1300 Linglestowr~ Rd.
P.O. Box 6033~
Harrisburg, PA 17106
(717) 238-2000
Attorneys for Plaintiffs
-3-
CERTIFICATE OF SERVICE
DATE:
I hereby certify that a true and correct copy of the foregoing docu ~ent was served on
the Defendant, DONNA NYE, by sending a copy of the same to ter counsel of record,
John R. Ninosky, Esq., GOLDBERG, KATZMAN, & SHIPMAN, 3::0 Market St.,
Strawberry Square, P.O. Box 1268, Harrisburg, PA 17108-1268 y United States Mail,
regular service, in Harrisburg, Pennsylvania on June /~, 2002.
H~~.ROSENBERG' LLP
By
Matthew S. Crosby, Es~
Attorney I.D. #69367
P.O. Box 60337
Harrisburg, PA 17106
(717) 238-2000
Attorneys for Plaintiffs
SHIPPENSBURG TOWNHOUSES, LLC
and
WESTMINSTER DEVELOPMENT, LLC
Appellants
Mo
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL TERM
NOTICE OF FILING OF CERTIFIED RECORD
To the Judges of the Said Court:
Attached to this Notice is the Certified Record as required in the above-captioned
matter provided by the Board of Supervisors of Shippensburg Township.
Ron Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
CC:
Lisa M. Coyne, Esquire
Timothy M. Zieziula, Esquire
SHIPPENSBURG TOWNHOUSES, LLC
AND WESTMINSTER DEVELOPMenT, LLC
Appellants
USe
BOARD OF SUPERVISORS OF
SHIPP~SBURG TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2667 CIVIL TE~
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND)
TO: Board of Supervisors of SHippensburg Township
We, being willing for certain reasons, to have certified a certain action
between Shippensburg. Townhouses, LLC and West~ainister Devel°I~nent' LLC
VS. Board of Ru~nervisors of Sh~, .npensburq Township
pending before you, do cc~nand you that the record of the action aforesaid with
all things concerning said action, shall be certified.._~nd se_hr to our judges of
our Court of Co~non Pleas at Carlisle, within -20 '-- days of the date hereof,
together with this. writ; so that we may further cause to be done that which ought
to be done according to the laws and Constitution of this Commonwealth.
wITNESS, the Honorable George E. Hoffer, P.J. .
our said Court, at Carlisle, Pa., the 31st day of May, 2002.
TRUE COpy FROM RECORD
in T~noAy wh4N'eof, I I~'e unto ~d my IMm-id
~ ~ ~ 04 ~id GOuI~ ~i Carllllt, PI.
Prothonotary
surveyors
Carl D. Bert, PLS
Steven P. Wolfe, PLS
Gregory N. Wengert, PLS
Scott B, Bert, PE
CARL BERT & ASSOCIATES
Professional Land Surveyors & Engineers
20 East Burd Street
Shippensburg, Pa. 17257
(717) 532-9470
Fax (717) 530-9339
Web site: caHbertassociates.com
Email: cclbassoc~_ carlbertassociates.com
Memorandum
Subdivision Ptans
Development Ptans
Property Surveys
Construction Stake-out
Topographic Surveys
GPS S · r,-',ces
GIS Ser¥ices
Aerial Mapping
Date:
May 23,2002
From:
To:
Project:
Copies to:
Regards:
Carl D. Bert
Shippensburg Township Supervisors
CSR Enterprises
CDB # C-ST-01-04
Tim Cormany / Martin & Martin
Attorney Jim Robinson / Ture Law Office
Sean Tighe
Attorney Lisa Coyne / Coyne & Coyne
Documentation on the 20% Recreation area
Attachments:
Message:
11 x 17 Colored Cad drawing of CSR Enterprises
As you are aware, there were questions reised and discussion on the 20% recreation
area on the CSR Enterprises Final Plan that was appreved by the Supervisors at your
meeting on May 6, 2002. At that meeting, ! showed you a plan that had the location of
the 20% recreation area highlighted in yellow. However, what I displayed was not part
of any written submissions to the township nor was this location illustrated on the
approved plans. I also think there was a question as to rather the area that I showed
you in yellow was 20% of the total property area or only 20% of the open space area.
In order to cladfy this and to previde you with documentation, I've attached a reduced
copy of the same plan that I showed you on May 6m. This plan shows in yellow the 20%
area designated for recreation so that there can be no confusion as to the location of
the recreation area in relation to the buildings. The area in yellow on this plan is 20% of
the total property area and is also approximately 50% of the "Lawn / Landscape"
indicated on the plans.
Also for your information, Charles Parker has moved the mobile home so that it no
longer encroaches into the CSR Enterprises property.
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The April 15, 2002 regularly scheduled meeting of the Shippensburg Township Planning
Commission was called to order at 7:00 PM by Chairperson, Joan Freeman. All members were
present.
Bard/Byers motion to approve March minutes as presented. Unanimous vote. Motion carded.
OLD BUSINESS - NONE
NEW BUSINESS
CSR Revised Land Development Plan was presented by Randy Goshom and Carl Bert of Carl
Bert and Assoc. Randy refers to the fact that the original plan was approved by the Planning
Commission but due to the Shippensburg Borough declining their variance request, the plan had
to be revised. The revised plan shows all 5 buildings now located within the Township. The
detention basin is now sub-surface opposed to original plan which was a surface basin, utilities
are all basically the same as original plan, buildings are now moved away from the cemeteDr area
which Randy feels is a plus.
Randy gives drawing to members showing the architect design(copy in minutes file). Denny
Byers questions the finish components of buildings. Randy says will be split face masonry block
with smooth block. The drawing doesn't show exterior design since this is not finished yet.
Chuck Sioberg of Martin & Martin, township engineers, questions if access to apatiments is
always exterior. Carl says this has to do with Labor and Industry regulations.
Randy refers to Martin & Martin comments dated April 10, 2002 (copy in minutes file):
1. Exemption has been applied for.
2. Approval granted
3. Cost estimated was provided but Randy forgot to include "NO EXIT" sign and sidewalk.
Trish Bard questions if there will be 1 or 2 signs. She feels there needs to be one on each side.
Randy indicated that will not be a problem doing this.
4. Carl refers to the issue of Mr. Parkers trailer being a private matter. Angelo Tsambiras says he
remembers that at the Supervisors meeting when this was discussed during the original plan he
heard it said that Me. Parkers trailer did not have to be moved. Chuck says this would create a
problem with installing the proposed buffer.
5. Will be done
6. Will be done.
7. At the Borough's meeting on April 10~ 2002, approval was granted contingent upon
comments from David Black Assoc. Dated April 10, 2002 being addressed. (Copy in minutes
file)
8. Located in book, but has been moved to the front.
9. Not shown. Randy feels that there is green space between buildings and the Township Park is
located 1/4 mile to soccer fields and 6/10 mile to large park. Chuck says this does not address the
20% of total tract of land that is to be set aside for recreation that the zoning ordinance requires.
This is not a Planning Commission issue. This matter will have to go in front of the Zoning
Hearing Board in the fomi of a Variance Request or the Township Supervisors need to remove
this requirement from their Ordinance. It has to be one or the other in order for the revised plan to
conform.
Joan feels this requirement was enforced with other developers and does not feel there should be
an exception to the rule. Carl Bert points out that he understood that the Supervisors have agreed
to this plan. Chuck says this is not a Supervisor issue.
Page 2 April 15, 2002 Planning Commission Meeting.
10. Design submitted.
11. Can be revised to stagger double row of pines.
County Comments now addressed. (Copy in minutes file).
1. Not Burd Run. Burd Run is appx. 700 feet to North.
2. Requesting wavier on this. Grove Miller has done Traffic Assessment and has indicated that a
full traffic study is not needed. Joan Freeman is concerned about the amount of traffic that is
currently on Britton Road and the addition of the traffic from this complex. Chuck agrees but
also feels Grove Miller does very good work. Joan questions curve where Brookside and Britton
Road adjoin. Randy says sight distance is 678 feet toward park and 431 toward Kenneth Ave.
3. Already discussed
4. Can add sidewalk on plan.
5. Randy says Zoning Ordinance contradicts itself on this issue.
6. Can be done. All buildings are more than 25 ft. Apart.
Regarding the Ownership and management of complex. Denny feels this should be in writing.
Carl says that wording is on plan.
Andrea Lage, resident of Borough is concerned about traffic safety. The traffic impact on Bfitton
road and Queen street is going to be tremendous. She feels the borough and township need to
take a join look at this situation. She is also concerned about the fact that there is no sidewalks
from town to park or from this aparhnent complex to university. She questions the effect this
complex will have on the wetlands with possible contamination. Carl responds to this by saying
that the sub surface facility will help filter water mn offand there is also a erosion control device.
Asper/Byers motion that the Planning Commission will make no recommendation or act
regarding the wavier requestof a traffic study. All members have concerns regarding the traffic
this project will create in addition to the current traffic which includes the park traffic.
Unanimous vote. Motion carded.
Asper/Bard motion to approve wavier requesting this plan be reviewed as Revised Final Plan.
Unanimous vote. Motion carried.
Regarding the approval of the plan, Chuck feels the plan is not acceptable until the 20%
recreation area is dealt with.
Asper/Byers motion to approve CSR Revised Final Plan subject to the need to over come
recreation need as stated in Zoning Ordinance section 914.11, Martin and Martin comments
dated April 10, 2002, and Cumberland County comments. Unanimous vote. Motion carded.
Pamela Wike will be the new member of Cumberland County Planning Commission who will be
attending the meetings.
Joan Freeman adjourns meeting.
"~l~nfil~ Resoectfiflly Submitted
Secretary
and ed
martin martin, incorporat
37 south maia street · suite A · charabersburg, pennsylvania ® 17201-2251
(,717) 264-6759
(,717) 264~7339 {tax)
ernail: martinrnartin @ innernet'net
April 10, 2002
Shipponsburg Township Supervisors
p. O. Box 219
Shippensburg, PA 17257
Re: Final Land Development plan
CSR Enterprises
Our file: 492.97 (T36-49297)
Gentlemen · cordance with the T ownshtp_O.r, dm.ances
· eabovereferencedpla~.ma,~ ~nnl W wouldnotetbetoilowmg
c~,~ ,,ffice has rewewed th J ,A.t ~ovemt~r ~, '~ ..... e
'-"*~ -"'-~':~ht of our earlier comments aat~.,~ ,-
ano In -r~, ._ v~. -,our consideraUon.
remaining comments tut j
1. Pennsylvania DEP Planning module aPproval is required. (308.I)
county Conservation District approval is required. (308-I'!)
2.
Developer is required to guarantee the completion of all public improvements prior to
A cost estimate has been provided for review.
3. The should be included within this estimate: the proposed
release of an approved Final Plan. (307.D)
We believe two additional items - - the ~ro''nsed "~lqo Exit" sign along
· · -wa anou~ 1J r~ . ·
.. · · Brooks~de Avenue nght.-ot._ ye, _~,:,~. our office will ~ssue a
sloewalk within the~. --~--;o~;nn of a revtsea cost
Kenneth Avenue. upon sum
determination of adequate security.
4. The ultimate resolution of the Parker property's encroaching mobile home should be
determined.
5. The owner's certification must be signed and notarized. (305.E)
6. The surveyor's certification of accuracy and the storm drainage plan certification should be
signed and dated.
7. A portion of the property lies within the Borough of Shippensburg and the plan is, therefore,
subiect to approval by the Borough CounCil'
MUNICIPAL ® URBAN ® __
MUNICIPAL ® CIVIL ·
· en a table outlining the overall pre- and post-
re ard to stormwater ma.ri, ag_e,.m~n~nelu ed within the narrative. (506)
$. With g -- -,----,, rates snoma u~ ...... d
development OlS~na~ ~
REGIONAL ® LAND DEV£LOPMENT AND ENVIRONMENTAL pLANNERS
SANITARY ® SOLID WA$~'E AND ENVIRONMENTAL ENGINEERS
Shippensburg Township Supervisors
April 10, 2002
Page 2
9. The proposed recreation areas illustrated on the Preliminary Plan have been eliminated from
the Final Plan. The applicant must demonstrate how the plan will meet the recreation
requirements of Section 914.11 of the Zoning Ordinance.
10. The information required in Sections 913.2 and 913.3 of the Zoning Ordinance should be
addressed. This information includes architectural views and flo~. r plans of the proposed
structures and details on ownership and maintenance of the premises.
11. Screening has been provided as required in the Conditional Use approval, however the
double row of trees is narrowed to a single row along a portion of the Elhajj property. If at
all possible, this should be increased to a double row of trees as well.
Should you have any questions concerning this correspondence, please don't hesitate to contact
this office at your convenience.
Very truly yours,
MARTIN AND MARTIN, INCORPORATED
Timothy C. Cormany, AICP
TCC
cc: Planning Commission
Carl Bert & Associates
· A3~OC/A~E~,/NC. ·
ARCH//~C/T
· & m
G,wory P, LJnm~ P.E.
RE:
Sl~ippenaburg Borough
Plan Review- Final Rove#el Land
Devetopment CSR Enterpria~
File No.: 01AE004-E
April 10, 200~
8hippe~lburg Borough Planning CommMIon
(lO West Burd Street
8hippef~burg, Penneylvsnle 17257
Dear Planning Commission Membere,
I em in receipt of e revleed final Lar~ clevelopme~ plan al~llcItio~ for C~
Eme~ ~ ~ ~ ~ (6) ~~ ~ ~ ~ a
~ f~y ~o~ B~ Avenue, You ~ll ~ ~ ~ ~a ~
I~t N~, ~n ~ ~ ~ hou~ ~u ~ I~ h ~ ~mugh.
T~ ~o~r hal m~nfig~ t~ le~ S~ ~t ~ bU~ ~ ~
~ In ~ T~ip a~ ~ ~i~g · ~n t~ ~gh.
All of the etef~wvater flow~ from the Itte ere heine dinlp~ed to mn filfi~,-~,~i~n
system ~ ~ pa~i~ ~ wh~ ~H di~ any ~ ~ ~
Av~. 8tO~weter ~ P-I ah~ i~ ~ ~ ~ ~ ~
A uite lighting plan I~ included in the pec~:IOe ~ indic~ IOw illumination
levels at the property lines. Lmndacepin9 i$ being pmvtcled wtthl~ the I~rldng
area.
I woulcl reoommond approval of tho Wan and the request that w~i in~xleci to
waive ii pPeliminary plan submission.
Very Truly Yours, '1
Municipality
Plat Title
Cumberland County Subdivision/Land Development Review Report
Shippensburg Township/Ship. Borough Surveyor Wolfe Engineer Bert
CSR Enterprise
Zoning District
Plat Status:
# of Lots
Date Received
R-2/R-7 Proposed Land Use 60 Mu-F/laundry facility
Preliminary Plat Type: Subdivision Regulations: __ County
X Final X Land Development X Municipal
P/F Combined X Zoning
Minor X S&LD
1 # of New Dwelling Units 60 Acreage Subdivided 0 Total Acreage 4.67
4/2/02 Staff Review 4/12/02 Official County Review 4/18/02
( ) Plat appears to comply with applicable regulations.
( X ) Plat appears to generally comply with applicable regulations; revisions may be required, as indicated.
( ) Plat appears to need substantial revision, as indicated.
Reviewed by PSW Checked by
· When applicable, streets, sewer, water, storm ,dra,',ma, ge, and?h.er 'mfi'a, str~, c,tu~.e elements to be verified as adequate by municipal
staffdengmeer. Any xmprovement guarantees snan oe postea prior to nnm p~at approvat.
· Registered PA Land Surveyor is required to certify all lot/tract boundary descriptions.
· When applicable, zoning compliance to be verified by Municipal Zoning Officer.
· Appropriate sewage module component should be processed prior to final plat approval.'
· Final plats must be recorded within 90 days of approval.
Review comments with bited ordinance provisions are based on municipal regulations on file with the County Planning Commission.
1. Burd Run should be labeled on plan.
2. Shippensburg Township S&LD Ordinance (Article 4; section 402; Al) states a traffic study is required.
3. Have recreation requirements been addressed in accordance to Shippensburg Twp. Zoning (Article IX;
section 914; Itl 1) states there must be at least 20%.
4. Sidewalk should be shown on roadway cross section (Sheet 14 of 15).
5. Building #2 and 4 do not comply with Shippensburg Twp. (Article IX; section 914.3). "No buildings
shall be less than 20 feet from a parking bay or area."
6. Distance between buildings should be on plan. Shippensburg Twp. Zoning (Art. IX; section 914.2).
su~eyors
Carl D. Bert, PLS
Steven P. Wolfe, PLS
Gmgmy N. Wengert, PLS
Scott B. Bert, PE
Mamh 27, 2002
CARL BERT & ASSOCIATES
Professional Land Surveyors & Engineers
20 East Burd Street
Shippensburg, Pa. 17257
(717) 532-9470
Fax (7t7) 530-9339
Web site: carlbertassociates.com
Email: cdbassoc~carlbe rtassociates.com
Subdivision Plans
Development Plans
Property Surveys
Construction Stake-out
Topographic Surveys
GPS Services
GIS Services
Aedal Mapping
RE:
CSR ENTERPRISES
FINAL LAND DEVELOPMENT PLAN
CDB # C-ST-01-O4
WAIVER REQUEST
RE:
REQUEST TO ELIMINATE PRELIMINARY PLAN
ORDINANCE:
Shippensburg Township, Cumberland County Subdivision & Land
Development Ordinance, dated December 4, 1993.
REFERENCE: Article III, Section 305
PLAN:
Land Development for CSR ENTERPRISES, Buildings 1-5 /
Laundry as prepared by Carl Bert & Associates, dated October 8,
2001, as revised March 27, 2002.
REQUEST:
That a Preliminary Plan not be required and that this plan be
reviewed and approved as a Final Plan.
RATIONALE:
1. All proposed utility connections would tie into existing public utilities.
The Preliminary Land Development Plan had been approved by the
Township Planning Commission subject to the developer addressing the
Township Enginccrs comments. All of the Township Engineers comments
have addressed.
The concepts are very much the same as the previous plan that was
submitted to the Township.
The Township Supervisors approved Conditional Use Permit # 20-4 for
CSR Enterprises for the construction of 60 apartments.
The Public Improvements were "Conditions" that the Supervisors had
requested. These Public Improvements are being met.
~ENGINE_1~SERVER_E~Cdbjobs~CstO104\CorrespondenceV,.etters~020327 Township -Wav Prelim Plan.doc
Cumberland County Conservation District
43 Brookwood Avenue, Suite 4 - Carlisle, Pennsylvania 17013-9172 - Phone (717) 240-7812 - Fax (717) 240-7813
Sean Tighe
CSR Enterprises
9767 Forest Ridge Road
Shippensburg, PA 17257
Apdl 3, 2002
R .'E;~Er~sion and Sedimentation Control Plan for CSR Enterprises, Shi.c~, en$_hur~n
TOwnship and Shippensburg Borough, Cumberland County, PA
Dear Mr. Tighe:
The FINAL plan has been reviewed and is ADEQUATE to meet the requirements of
PA Title 25, Chapter 102, Erosion Control.
The Conservation District has reviewed this plan solely to determine whether it is
adequate to satisfy the requirements of 25 PA Code ss102.1 et. seq., the erosion control
regulations of the Department of Environmental Protection. By a determination that the plan
is adequate to meet those requirements, neither the Conservation District nor the County
assumes any responsibility for the implementation of the plan or the proper construction and
operation of the facilities contained in the plan. The design, structure integrity and
installation of the control measures are the responsibility of the landowner and/or
earthmover. Before any construction or earthmoving activities begin, the appropriate and
necessary local, state and federal permit(s) must be secured from the agency having
specific permitting authority.
A copy of the Erosion and Sedimentation Control Plan must be available at the site
of the earthmoving activity during construction and until the site is stabilized,
If you have any questions regarding this or other projects, please contact our office
at the above address or call 717-240-7812.
Sincerel~z. ~
Kimbedy J. Falvey
Distdct Technician
· Galen Asper, Shippensburg Township
William Wolfe, ShippensbUr9 Borough
Randy Goshom, Carl Bert & Associates
Jeff Kelly, Cumberland County Planning Commission
Distdct File
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
martin and martin, incorporated
37 south main street · suite A · chambersburg, pennsylvania · 17201-2251
(717) 264-6759
(717) 264-7339 (fax)
email: martinmartin @ innernet.net
May 2, 2002
Shippensburg Township Supervisors
P. O. Box 219
Shippensburg, PA 17257
Gentlemen:
Re: Land Development Plan
CSR Enterprises (Revised)
Our file: 492.97 (T36-49297A)
Our office has reviewed the above referenced, revised plan in accordance with the Township Ordinances
and in light of our most recent comments dated April 10, 2002. We would note the following comments for
your consideration.
1. The Township should act on the PADEP sewage planning exemption and forward to DEP for
consideration. (308.J)
2. The Township should ensure that the notarized owner's signature appears on the certification statement
on the Final Plan. (308.E)
The applicant has provided a revised construction cost estimate in accordance with our request. Our
office is in agreement with the costs provided and recommends that, upon resolution of the remaining
plan comments, security be provided in the amount of $170,390.00 to guarantee the completion of the
proposed public improvements. This figure represents 110% of the cost estimate and an additional
2.5% for the cost of Township inspection. Said security must be provided in a form acceptable to the
Township Solicitor. (307.D)
Section 914.11 of the Township Zoning Ordinance deals with recreation requirements and states "20%
of the total tract area is to be reserved and developed for outdoor recreational purposes." The quoted
calculation of 40.6% of lawn and landscape area is a completely separate element of this plan. The
plan should clearly identify 20% (nearly one acre of ground) as outdoor recreation area that is clearly
able to be utilized for this purpose, otherwise the applicant is required to seek the appropriate relief
fi.om the Township.
Should you have any questions concerning this correspondence, please don't hesitate to contact this office
at your convenience.
Very truly yours,
MARTIN AND MARTIN, INCORPORATED
Timothy C. Cormany, AICP
TCC
cc: Carl Bert & Associates
Ron Turo, Esq.
MUNICIPAL · URBAN · REGIONAL ·
LAND DEVELOPMENT AND ENVIRONMENTAL PLANNERS
MUNICIPAL · CIVIL · SANITARY · SOLID WASTE AND ENVIRONMENTAL ENGINEERS
6ROVE MILLER
# !!ENGINEERIN6, INC,
Prtnclpal Traffic Engineers · 5600 DeiTy Street
Han~sburg, PA 17111
TERRANCE W. GROVE, P.E. ' [717] 564-6146
DENNIS E. MILLER, P.E. September 4, 2001 FAX {717] 564-9488
Mr. Scott B. Bert, P.E.
CARL BERT & ASSOCIATES
20 East Burd Street
Shippensburg, PA 17257
This report was prepared under the "Britton
Court II" name on 9-4-2001, but since then
the name of the project has been changed to
"CSR Enterprises"
RE: Britton Court II
Traffic Assessment
Dear Scoff:
This is in response to your letter of August 27, 2001 and conversations relative to a
traffic impact assessment for a proposed apartment complex used as student housing for
Shippensburg University. The site, located south and east of Britton Road in Shippensburg
Township and Shippensburg Borough, will have access via Brookside Avenue and Kenneth
Avenue. We have reviewed the sketch plan you prepared for Britton Court II, dated August 8,
2001. We understand that the apartment complex will consist of five buildings with a total of
60 dwelling units. This traffic assessment has been prepared to define the trip generation
potential of the proposed apartment complex. The Institute of Transportation Engineers (ITE),
"Trip Generation Manual", 6th Edition (1997) was used to estimate the number of trips which
may be generated by the proposed number of dwelling units. Tdp generation regression
equations were used to calculate the average weekday vehicle trip ends and the weekday AM
and PM peak hour trips.
Trip generation calculations were performed based upon the apartment land use
category as defined in the Trip Generation Manual. Since the apartments will be used as
student housing for Shippensburg University, it is anticipated that many of the generated trips
will be pedestrian trips between the apartment buildings and campus rather than vehicular trips
onto the adjacent roadway network. Table 1 provides a summary of anticipated trip generation
based upon the apartment land use trip rates.
Table 1.
ITE Tdp Generation Results
Apartment Land Use
Land Use
I Apartment
I 24H°ur J AMPeakHour I PMPeakHour
Size Two Way I I
Volume Enter Exit Enter Exit
The trip generation calculations summarized in Table I (worksheets attached for
reference), indicate that the 60 apartment units will not result in a significant number of daily or
peak hour trips. It is our opinion that vehicular trips generated by the apartment complex
expansion will not be sufficient to justify the preparation of a detailed traffic impact study.
While the proposed apartment buildings will have a sufficient number of dwelling units to
indicate the need for a traffic impact study in accordance with Ordinance Section 402.a.1
(greater than 50 dwelling units), site tdp generation will be well below 1,500 trips per day
indicated in Ordinance Section 402.a.6.
We believe that the attached documentation and the trip generation calculations
summarized herein, are sufficient to assess the traffic implications of the proposed apartment
buildings. The proposed access driveways onto Brookside Avenue and Kenneth Avenue will
be sufficient to accommodate the site generated traffic volumes. Peak hour traffic movements
will average less than one vehicle every two minutes entedng or exiting the site dudng peak
traffic pedods. Because of the proximity to Shippensburg University, the apartment units will
generate many pedestrian trips rather than vehicular trips. We believe that the information and
materials presented herein provide adequate documentation and justification for the Township
Supervisors to waive the requirement for a detailed traffic impact study for the proposed
apartment buildings. The cdtical traffic i.ssue will be the location and design of the new site
driveways onto Brookside Avenue and Kenneth Avenue. The driveway should be designed to
satisfy Township Ordinance requirements. The anticipated peak hour generated trips indicate
that site generated traffic will not have a significant impact on the adjacent roadway network.
We shall remain available for future meetings and consultations relative to the traffic
assessment for the 60 apartment units proposed in Britton Court II. If you have questions
relative to the materials provided herein, please give me a call.
TWG/me
File:20709-ttr01
-2-
~.. GROVE MILLER
F.N~I~R~ iNC. 5600 Deny Street · Harrisburg, PA 17111 · (717) 564-6146 * FAX (717) 564-9488
BRITTON COLrRT II
Summary of Trip Generation Calculation
For 60 Dwelling Units of Apartments
August 30, 2001
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 8.23 0.00
7-9 AM Peak Hour Enter 0.09 0.00
7-9 AM Peak Hour Exit 0.46 0.00
7-9 AM Peak Hour Total 0.55 0.00
4-6 PM Peak Hour Enter 0.57 0.00
4-6 PM Peak Hour Exit 0.28 0.00
4-6 PM Peak Hour Total 0.85 0.00
AM Pk Hr, Generator, Enter 0.17 0.00
AM Pk Hr, Generator, Exit 0.44 0.00
AM Pk Hr, Generator, Total 0.61 0.00
PM Pk Hr, Generator, Enter 0.53 0.00
PM Pk Hr, Generator, Exit 0.34 0.00
PM Pk Hr, Generator, Total 0.87 0.00
Saturday 2-Way Volume 3.58 0.00
Saturday Peak Hour Enter 0.00 0.00
Saturday Peak Hour Exit 0.00 0.00
Saturday Peak Hour Total 0.73 0.00
Sunday 2-Way Volume 4.73 0.00
Sunday Peak Hour Enter 0.00 0.00
Sunday Peak Hour Exit 0.00 0.00
Sunday Peak Hour Total 0.00 0.00
1.00 494
1.00 5
1.00 28
1.00 33
1.00 34
1.00 17
1.00 51
1.00 10
1.00 26
1.00 37
1.00 32
1.00 20
1.00 52
1.00 215
1.00 0
1.00 0
1.00 44
1.00 284
1.00 0
1.00 0
1.00 0
Note: A zero indicates no data available.
The above rates were calculated from these equations:
24-Hr. 2-Way Volume:
7-9 AM Peak Hr. Total:
4-6 PM Peak Hr. Total:
AM Gen Pk Hr. Total:
PM Gen Pk Hr. Total:
Sat. 2-Way Volume:
Sat. Pk Hr. Total:
Sun. 2-Way Volume:
Sun. Pk Hr. Total:
T = 5.994(X) + 134.114, R^2 = 0.88
T = .497(X) + 3.238
R~2 = 0.83 , 0.16 Enter, ~ 0.84" Exit
T = .541(X) + 18.743
R^2 = 0.75 , 0.67 Enter, 0.33 Exit
T = .542(X) + 3.805
R^2 = 0.82 , 0.28 Enter, 0.72 Exit
T = .599(X) + 16.5
R^2 = 0.8 , 0.61 Enter, 0.39 Exit
T = 7.852(X) + -256.189, R^2 = 0.85
T = .412(X) + 19.226
T = 6.418(X) + -101.116% R^2 = 0.82
0
R^2 = 0 , 0 Enter, 0 Exit
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
CONDITIONAL USE PERMIT
Shippensburg Township
Conditional Use Permit No. 20-4 was issued to:
Name: CSR ENTERPRISES LDP
Address: Brookside Ave. t and Kenneth Ave., Shippensburq, PA
Telephone: ( 71'~ qan_qa~n
Application Filed October 22 ,19 2001
DATE ISSUED: "December 17 , 19 2001 .
Additional Conditions:
list.
SHIPPENSBURG TOWNSHIP
CUMBEPJ. M2VD COUNTY, PENNA.
CHAIR, Board of Supervisors
Conditions listed on attached Condition
CONDITIONAL USE PERMIT # 20-4
CONDITIONAL USE CONDITIONS:
1. Developer will construct an eight (8) foot high chain link fence from the property line on his
property that abuts the Locust Grove Cemetery.
2. Developer will construct a fence and landscape screening strip along the property Iine that
abuts the properties of Charles Parker, Thomas N. Callaar~, and William J. Elhajj. This
screening will consist of a double, staggered row of 5' white pines and an eight (8) foot chain
link fence.
3. The developer will construct a four (4) foot wide raised sidewalk along Kenneth Avenue that
will connect to the internal sidewalks of the apartment complex.
4. The developer will install a "NO EXIT" sign at the Apaxh~,ent Complex driveway entrance off
Kenneth Avenue. This will prevent tenants fxom exiting onto Kenneth Avenue: however
tenants will be permitted to enter the complex off of Kenneth Avenue.
5. The developer will construct to Township specifications and dedicate an extension of Brook-
side for approximately 415' to the Acacia property at 100% cost to developer.
6. The developer will construct a four (4) foot raised sidewalk along the extension of Brookside
Avenue from the entrance into the aparhnent complex to the Parker property at 100% cost to
developer.
7. This apa~i~nent complex will be limited to three (3) residents per unit.
8. This Aparhnent Complex will have 24 hour on site management with phone # supplied to
Township and also posted on property so this manager may be contacted immediately when
necessary.
SHIPPENSBURG TOWNSHIP
CUMBERLAND COUNTY, PENNA.
C~AIR, Board of Supervisors
The May 4, 2002 regularly scheduled meeting of the Shippensburg Township Supervisors was
called to order at 8:00 AM by Chairman, Galen Asper. All Supervisors were present.
Oldt/Bard motion to approve April minutes as presented. Unanimous vote. Motion carried.
OLD BUSINESS:
Carl Bert and Randy Goshom were present to present the revised Land Development Plan for
CSR. Carl ask supervisors if they had any questions. Plan has been reconfigured to meet ail
conditions. Buildings are now all in Township since the Shippensburg Borough turned down
variance request.
Discussion took place regarding the sidewaik along Brookside Ave. A sidewaik will mn aiong
this property, but no further due to the Borough water line.
Galen Asper questions if township will need to put in crosswalk. John and Steve feel that yes this
would be necessary.
Steve questions recreation area. Diagram showing green space is 40% of tract. Current plan is
aimost identical in green space to originai plan except current plan does not have detention basin
because it is now sub-surface. Area around buildings is 20%. Carl says recreation is not definite
in the Township Ordinance. Steve agrees this is a gray area. Volley bail court is designated in this
area.
Steve refers back to Condition Use Hearing regarding the fence aiong the Cemetery. Carl says
fence will be approximately 17 feet above parking lot.
John is concerned about parking aiong Kenneth Ave. He feels left hand side parking may have to
be eliminated.
Steve questions number of students. Carl says full capacity is 180 and there will be a live in
manager.
Lisa Coyne who's father is the C in CSR says that Scan Tighe who is the S in CSR will aiso be
available since he lives in Forest Ridge and is in partnership with another party in the ownership
of Wibs which is also conveniently located to this proposed development.
Oldt/Bard approve CSR plan as Final Plan contingent upon all Martin and Martin comments
dated April 10, 2002 being met and also contingent upon the Shippensburg Borough action.
Unanimous vote. Motion carded.
Oldt/Asper motion to waive traffic study and accept the truffle assessment. Unanimous vote.
Motion carded.
Oldt/Bard motion to approve security bond or letter of credit in the amount of $170,390
contingent upon the Shippensburg Borough approving the Township holding the entire amount.
Unanimous vote. Motion carried.
Supervisors agree to sign the Planning Module Exemption. Carl will see Supervisors get this.
NEW BUSINESS
Ed Goodhart was present requesting the Supervisors adopt Resolution 2002-02 and sign
Certification of Resolution. This is so IDA (Industriai Development Authority) can issue debt
financing for Shippensburg University Foundation. This action does not indicate that the
Township is under any obligations. Approving the funding does not indicate Township approvai
for any of the projects under the proposed financing. (Copy in minutes file).
Asper/Bard motion the adopt Resolution 2002-02 and the sign Certificate of adoption.
Unanimous vote. Motion carried.
Page 2 of May 4 2002 regularly scheduled meeting
Asper/Bard motion to pay current bills. Unanimous vote. Motion carried.
Rails to Trails are going to be widening hiking trails to make them 10 feet wide. They wanted to
know if this required any action from the Township. The Supervisors agree that no action is
required since this will only involve the clearing of brash.
Bard/Oldt motion to adjourn. Meeting adjourns at 9:15 AM.
Minutes Respectfully Submitted
Linda Asper
Township Clerk
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Vo
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSHIP,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/d/b/a CSR ENTERPRISES,
Intervenor
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) Land Use Appeal
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 02-2667 Civil Term
PRAECIPE FOR A DISCONTINUANCE
TO THE PROTHONOTARY:
you are hereby authorized, empowered, and directed to withdraw WITH
Prejudice the above-captioned Land Use Appeal.
Date:
November 19, 2002
Respectfully submitted,
KNOX McLAUGHLIN GORNALL
& SENNETT, P.C.
BY: ~
Pa. Sul~
120 West Tenth Street
Erie, PA 16501-1461
(814) 459-2800
~I. Ziemula
mae Ct. No. 73716
Counsel for Shippensburg Townhouses, LLC
and Westminster Development, LLC
# 463902
SHIPPENSBURG TOWNHOUSES, LLC
and WESTMINSTER DEVELOPMENT, LLC,
Appellants
BOARD OF SUPERVISORS OF
SHIPPENSBURG TOWNSH~,
and
Appellee
CAROL VESCHI, SEAN TIGHE, and ROBERT
VESCHI, t/d/b/a CSR ENTERPRISES,
Intervenor
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IN THE COURT OF COMMON PLEAS
OF CIXMBERLAND COUNTY, PA
NO. 02--2667 Civil Term
Land Use Appeal
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the ]~5 day of November, 2002, a
copy of the within Pra¢cipe for a Discontinuance was served on upon the below-referenced
individuals at the below listed address by way of first class mail, postage pre-paid:
Ron Turro, Esquire
Turo Law Offices
Solicitor, Shippensburg Townslhip
28 South Pitt Street
Carlisle, PA 17013
# 463902
Lisa Marie Coyne, Esquire
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011-4227
mol
Attorn '.ys for Appellants,
Shippensburg Townhouses, LLC and
Westminster Development, LLC