YORK COUNTY PLANNING COMMISSION
TUESDAY, AUGUST 7, 2012 - 7:30 P.M.
MEETING SUMMARY
Vice-Chairman Kuhl opened the meeting at 7:30 pm and the secretary took the roll.
ROLL CALL
Members Present:
Mary Coble, Kevin Clark, Joshua George, Walter Kuhl, John Menges II,
John Parkes, Jeff Propps
Members Absent:
Terry Dunlap, Brian Brenneman
Felicia Dell, Dir.; Joe Heffner, Asst. Dir.; Mike Shaffer, Sr. Planner; Terry
Ruby, Sr. Planner; Jean Ball, Recording Secretary
Solicitor:
Attorney Jeffrey Rehmeyer, II
Others:
See attached attendance sheet
Reporter:
Sean Adkins, York Dispatch
PUBLIC COMMENT
No public comment was received.
APPROVAL OF MINUTES
There being no questions or comments, Ms Coble made a motion for approval of the July 3, 2012
minutes, as submitted. It was seconded by Mr. Jeff Propps, voted on and carried as stated.
COMMUNICATIONS
a.
Project Review Correspondence
York Wallcoverings, York City (1); CET Engr. Services, Penn Twp.(1); The York Water
Co., North Hopewell Twp.(2); CET Engr. Services, Carroll Twp.(1); James R. Holley &
Assoc., Inc.(3); R.J. Fisher & Assoc., Inc., Fairview Twp.(1); TYCO Electronics Corp.,
Codorus Twp.(1); TYCO Electronics Corp., Springfield Twp.(1); JT Stahlman PE, LLC,
York City(1); CET Engr. Services, Heidelberg Twp.(1); American Ash Recycling Corp.,
West Manchester Twp.(1) Burget & Assoc., Inc., Windsor Twp.(1); JT Stahlman PE, LLC,
Springfield Twp.(1)
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b.
Acknowledgments
Mr. Kuhl highlighted a thank you letter from several persons from the PA Dept. of
Environmental Protection, Safe Drinking Water. The thank you was for Mr. John Seitz’s
participation as a panelist at their water protection conference.
FINANCIAL REPORT
Ms. Dell noted some of the quarterly revenues have caught up with the financials and we are in good
shape for the year at this time. She stated they are currently working on the draft budget and will
bring it to the September meeting. Ms. Dell also addressed how they are dealing financially with the
Temp Service staff.
There being no questions or comments, Mr. Kuhl noted the June financial report has been received,
reviewed, and will be placed in the file for the annual audit.
COMMITTEE REPORTS
Ms Coble noted the Solar Alternative Energy Committee has completed their model ordinance and
they anticipate it being on the September agenda.
STAFF REPORTS
Mr. Parkes noted a few areas that the Transportation Department is investigating in regards to
highway accidents and stated they may want to investigate further accident report areas.
SOLICITOR’S REPORT
Attorney Jeffrey Rehmeyer, II stated that he had nothing to report this month.
UNFINISHED BUSINESS
Ms. Dell stated that the staff will bring the report regarding a new meeting date/day to the September
meeting.
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NEW BUSINESS
PLEASE NOTE - Projects are not necessarily in the same order as the agenda.
YCPC PROJECT #12-040
LOGANVILLE BOROUGH ZONING ORDINANCE AMENDMENT
TEXT: STORMWATER MANAGEMENT
The purpose of this project is to review and comment on a proposal by Loganville Borough Officials
to amend the Borough’s Zoning Ordinance to include provisions for stormwater management
consistent with the requirements of Act 167. This amendment is being submitted for review in
accordance with Section 609(e) of the Pennsylvania Municipalities Planning Code (PA MPC).
The staff of the York County Planning Commission recommends the proposed amendment not be
adopted as presented, and offers comments in support of that recommendation.
The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and
recommended approval with the recommendation the Municipality create a Stand Alone Ordinance
instead of including Stormwater Management in the Zoning Ordinance.
Following a brief discussion, Ms. Coble made a motion recommending that the Project be
denied and staff comments be revised to add a new number 2, stating that the Borough would
be better served if the proposed Stormwater Management regulations would be adopted as a
stand alone ordinance, and the subsequent comment numbers be re-numbered. The motion was
seconded by Mr. Propps, voted on and carried as stated.
YCPC PROJECT #12-041
YORK TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
NEW ORDINANCE
The purpose of this project is to review and comment on a proposal by York Township Officials to
amend the Township’s Subdivision and Land Development Ordinance with a comprehensive update
to all ordinance provisions. This project was originally reviewed by the YCPC at the May, 2012
meeting (YCPC Project #12-020). The YCPC recommended the proposed new Subdivision and
Land Development Ordinance be adopted after consideration of several comments. Those comments
are noted under Comments and Recommendations along with the actions taken by York Township
Officials. This ordinance is being submitted in accordance with Section 505 (a) of the Pennsylvania
Municipalities Planning Code (PA MPC).
The staff of the York County Planning Commission commends York Township for their efforts in
creating a Subdivision and Land Development Ordinance that is innovative and user friendly. The
changes proposed with this revision are not so significant as to change the previous
recommendation. The staff recommends York Township Officials adopt the proposed ordinance
after consideration of the comments provided.
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The LGAC Executive Committee reviewed the proposed New SALDO and recommended approval,
but noted that on page #5, c. #3 “...the Pennsylvania Universal Accessibility Act..” should read the
Uniform Construction Code. Also, they recommended that the Municipality take another look at
allowing development of slopes up to 33%, due to the possibility of erosion if improper land use and
disturbance occurs.
Following a brief discussion Ms. Coble made a motion recommending approval the new SALDO
following consideration of the comments provided. The motion was seconded by Mr. Propps,
voted on and carried as stated.
YCPC PROJECT #12-042
YORK TOWNSHIP ZONING ORDINANCE
COMPLETE UPDATE
York Township Officials have re-submitted the draft of a complete update to the Zoning Ordinance
for review and comment. This project was originally reviewed by the YCPC at the May, 2012
meeting (YCPC Project#12-019). The YCPC recommended the proposed new zoning ordinance be
adopted after consideration of several comments. Those comments are noted under Comments and
Recommendations along with the actions taken by York Township Officials. This amendment is
being submitted in accordance with Section 607(e) of the Pennsylvania Municipalities Planning
Code (PA MPC).
The staff of the York County Planning Commission commends York Township for their efforts in
compiling a new zoning ordinance. The proposed ordinance is an improvement over the current
Zoning Ordinance and is more user friendly and provides more guidance for landowners and
developers. The changes proposed with this revision are not so significant as to change the previous
recommendation. The staff recommends the proposed ordinance be adopted following consideration
of the comments provided.
The LGAC Executive Committee reviewed the proposed Complete Update of the Zoning Ordinance
and recommended approval, as submitted.
Following a brief discussion Mr Propps made a motion recommending adoption of the Complete
Update of the York Township Zoning Ordinance following consideration of the comments
provided. The motion was seconded by Mr. George, voted on and carried as stated. There was 1
opposed.
YCPC PROJECT #12-043
WINDSOR TOWNSHIP ZONING ORDINANCE AMENDMENT
MAP: GENERAL COMMERCIAL (C) TO SINGLE FAMILY RESIDENTIAL (R-1)
The purpose of this project is to review and comment on a proposal by a property owner to rezone
approximately 7.45 acres of land from General Commercial (C) to Single Family Residential (R-1).
The property is located in Windsor Borough. This amendment is being submitted for
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recommendations in accordance with Section 609(e) of the Pennsylvania Municipalities Planning
Code (PA MPC).
The staff of the York County Planning Commission recommends the proposed rezoning not be
adopted, offering comments in support of that recommendation.
The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and
recommended approval, as submitted.
Following a brief discussion regarding the affects on the Village Center, availability of commercial
development and the depth of the zone, Ms. Coble made a motion recommending approval of the
proposed amendment with the renumbered comments provided as noted. The motion was
seconded by Mr. Clark, voted on and carried as stated.
YCPC PROJECT #12-044
NEWBERRY TOWNSHIP ZONING ORDINANCE AMENDMENT
MAP: OPEN SPACE (OS) TO RESIDENTIAL GROWTH (RG)
The purpose of the project is to review and comment on the Township’s request to amend the
Newberry Township Zoning Map by rezoning three (3) parcels of land located in the north central
region of the Township. The rezoning site is located in the 1200 block on the east and west sides of
Valley Green Road. Township officials are requesting that the site be rezoned from Open Space
(OS) to Residential Growth (RG). The proposed amendment is being submitted for recommendation
in accordance with Section 609. (e) of the Pennsylvania Municipalities Planning Code.
The staff of the York County Planning Commission recognizes the potential impacts of this rezoning
and are attentive to how the rezoning may affect the surrounding community. However, the York
County Planning Commission recommends that Newberry Township Officials adopt the proposed
amendment and include the adjacent Parcel 33A (located to the west) as part of the rezoning request
and provides comments in support of that recommendation.
The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and
recommended approval, as submitted. There were 2 opposed.
Vice-Chairman Kuhl stated that since there are so many persons that wish to speak to the project he
would share guidelines that need to be followed to keep the discussion in an orderly manner.
Mr. Shaffer, Sr. Planner shared highlights of the request and his resulting review. He noted that
the rezoning is consistent with both the Township and County Comprehensive Plan and noted the
recent Curative Amendment court case on the Heritage Hills Golf Course in York Township.
Attorney Rehmeyer, Solicitor for the York County Planning Commission highlighted the
Heritage Hills Golf Course, York Township, court decision from the legal perspective. He stated that
the case heard before the Court of Common Pleas was decided in favor of Heritage Hills Golf
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Course. Attorney Rehmeyer noted there are similarities and differences between the Heritage Hills
case and the Newberry Township proposal. A brief discussion ensued.
Jonathan Andrews, Land Use Attorney representing Golf Enterprises, Inc., addressed the size
of the property and the Spot Zoning issue. He stated that the burden on us is to look at Proper
Planning Principals and Pennsylvania Law. Attorney Andrews closed by saying we need to ask is
the rezoning consistent with both Newberry Township and York County Comprehensive Plans and
they feel both support the rezoning request.
John Elliot, representing the Valley Green Residents Organization is a resident and an attorney.
He addressed the staff comments numbers 5 and 6 and the Heritage Hills Golf Course case/decision.
Mr. Elliot stated they believe the Spot Zoning issue is an extraordinary leap, and has no relation to
the public health and welfare issue. He stated, as a result of these issues, they are asking the
Commission to reject the rezoning amendment
Anthony Miller, Emily Copenhaver, Stan Olejarczyk, David Cantrell, and LeAnn Menut,
residents of the Valley Green Golf Course Developments spoke regarding Residential Growth
Areas vs. Open Space issues, the effect the change would have on the residents/community, the fact
that the current development has not been completed resulting in no apparent need for more housing,
the belief that the owners used the Golf Course/the quiet Community as a selling point for people
to buy the homes.
John O’Keefe, is a resident of Fairview Township, and a golfer. He discussed the bigger picture
and how this change would affect the areas around the Golf Course and in the region. Mr. O’Keefe
highlighted Section 201.1, Open Space of the current Zoning Ordinance stating that they see the
Valley Green Golf Course as the gem of the Township. He stated his concern that if the Golf Course
is gone the empty houses will sit there for years, because there is no longer a draw to buy there. In
closing, he stated once Open Space is gone it is gone forever.
A lengthy discussion ensued, regarding any zoning/land use changes throughout the years. Ms.
Coble noted that the Heritage Hills Golf Course court decision must be considered but, she believes
each case needs to be considered on its own merits. Mr. George questioned how it would be possible
to rezone the Golf Course parcels to Residential and not resone the property to the West of the
parcels. Mr. Shaffer stated he did make the recommendation in his report to rezone that parcel as
well. Questions were raised regarding if there were any deed restrictions or easements when the
homes were sold and the possible difference that could make. Also, a discussion ensued on the fact
that the owner pays the taxes on the greenspace that the residents are able to enjoy, emphasizing that
the owner has rights as well.
Following the discussion, Mr. Clark made a motion recommending approval of the Zoning
Ordinance Amendment, as submitted. The motion was seconded by Mr. Propps, voted on and
carried as stated. There was 1 opposed (Ms. Coble).
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YCPC PROJECT #12-045
NORTH HOPEWELL TOWNSHIP ZONING ORDINANCE AMENDMENT
TEXT: AGRICULTURAL DISTRICT SUBDIVISION REGULATIONS
The purpose of this project is to review and comment on a proposal by North Hopewell Township
to amend the Township’s Zoning Ordinance by revising the text in the Agricultural District
regulations concerning subdivision. This amendment is being submitted for recommendations in
accordance with Section 609.(e) of the Pennsylvania Municipalities Planning Code.
The staff of the York County Planning Commission recommends that the proposed amendments not
be adopted as submitted, offering comments in support of that recommendation.
The LGAC Executive Committee reviewed the proposed Zoning Ordinance Amendment and
recommended denial and more clarity in regards to the changes, stating that the language is too
difficult to be easily understood.
There being no questions or comments, Mr. Propps made a motion recommending denial of the
Zoning Ordinance Amendment, offering comments in support of that recommendation. The
motion was seconded by Ms. Coble, voted on and carried as stated.
OTHER BUSINESS
a.
Solicitor Review
Ms. Dell noted this is something we need to do every August, in anticipation of the annual
appointments in January. We have a five year contract for solicitor services that is reviewed
annually.
Solicitor Rehmeyer stated that he has appreciated being the Commission’s Solicitor and to
support the staff and provide the Commission with guidance for the last several years.
b.
Regional Appointments
Ms. Dell noted that three Commission positions are up for appointment this coming year.
She stated they are an At-Large position currently filled by Ms. Coble, Region 4, currently
filled by Mr. Propps and Region 6, currently filled by Mr. George, who has recently moved
out of that Region.
Ms. Dell encouraged the members that are interested in re-appointment to send a letter to
that subject to the Planning Commission for consideration by the York County
Commissioners. She also noted that those positions will need to be advertised as well.
There being no additional business, Chairman Kuhl adjourned the meeting at 10:00 pm.
Respectfully submitted,
Jean Ball, Recording Secretary
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