SCHUYLKILL TOWNSHIP
PLANING COMMISSION
MEETING DATE: June 21, 2006

The Schuylkill Township Planning Commission held their regular monthly meeting on Wednesday, June 21, 2006 at 8:00 p.m. at the Township hall. Members of the Planning Commission present were Mr. Reading, Mr. Claffey, Mr. Brennan, Mr. Quigg, Mr. Baer and Mr. Boova. Also present were Ms. Mary Lou Lowrie of Gilmore & Associates, the Township Engineer, and Mr. Vutz, Mrs. Marquart and Mr. Colket from the Board of Supervisors.

On motion by Mr. Quigg, seconded by Mr. Claffey, and passed, the minutes of the May 17, 2006 Planning Commission meeting were approved.

Valley Forge Christian College, Land Acquisition from GSA – Mr. Werkheiser stated that the college is requesting that the Township send a letter of support for a concept plan for proposed field activity use on the 19.7 acres that have become available from the federal GSA. The concept plan presented was for an NCAA soccer field and baseball field as well as a walking trail that will link to the existing trail on the college campus and the trail in Charlestown Park. Mr. Baer questioned why those uses could not be placed on the existing 84 acres owned by the college. Mr. Werkehiser stated that the master plan for the college shows that building will be occurring on existing college owned property because of the existing infrastructure.  The land being offered by the GSA has lighter infrastructure and the recently installed Ash Cap by the US Army Corps of Engineers over the old Valley Forge Army Hospital incinerator that encompasses four acres of the land to be acquired prohibits any type of construction. The Ash Cap membrane cannot be punctured. He stated that a light post or tree cannot be built on the site much less any other type of structure. Mr. Werkheiser advised that should another entity other than the college be awarded the property, the college would not be able to sell them utilities per the PUC. He stated that there are three applicants for the 19.7 acres – the college, the Borough of Phoenixville and the Renaissance Academy. The VFCC has received a letter from Mr. Leo Scoda, Mayor of Phoenixville Borough in support of the college acquiring the 19.7 acres although the Borough Park & Recreation Department has applied for the property. Mr. Werkheiser stated that the college has invested close to $30 million in developing the college campus. He stated that should the college be awarded the property, they would continue to allow the YMCA, the Borough and Renaissance Academy to use it. Mr. Baer questioned what the Borough intends to do with the site. Mr. Brennan stated that he did not feel that he could choose one applicant over another. Mr. Vutz advised that the Board of Supervisors has endorsed the college. He stated that their logical course of development and their long range planning for the college campus makes them the best candidate. Mr. Vutz stated that the college is a stable recipient and that the land offered by the GSA would be under good stewardship.  Mr. Werkheiser stated that the college has a $5 million commitment to this project. He stated that should they be awarded the land they have 12 months to get started and 24 months to complete the project. Mr. Reading stated that the college would be creating more green space and fields.

Reeves property – Mr. Wayne Leighton of Pohlig Builders stated that a by-right preliminary plan for the 64 acre property has been submitted to the Township. He stated that they will be developing and following up with a zoning ordinance amendment for a carriage home/lifestyle concept plan. Mr. Claffey questioned the proposed access on the by-right plan. Mr. Leighton stated that there is not a 50’ right-of way off of Valley Forge Road and that they would need a waiver to have a 47’ right-of-way. He stated that they do have the 28’ cartway width. Mr. Leighton advised that they are not considering at this point utilizing an access off of East Phillip Drive.

Mr. Jim Morrisson, chairman of the Citizens for Open Space, stated that the by-right plan and the concept plan are both inconsistent with the Township’s Comprehensive Plan although the by-right plan is not inconsistent with the zoning ordinance. He stated that the Reeves property is within the T-2 zone as defined in the Comprehensive Plan as a transition zone between farming and density like Phoenixville Borough. Mr. Morrisson stated that the proposed zoning change for a cluster development of 126 homes on the lower part of the Reeves property with open space proposed for the upper part is also inconsistent with the Comprehensive Plan. He questioned why the Township cannot draft a zoning change that would allow minimum 3 acre lots.  Mr. Morrisson advised that the developer may consider that the Environmental Impact Assessment (EIA) is done but he advised that it is not. He stated that bog turtles have been sighted on adjacent properties and there are endangered species of plants on the site as well. Mr. Morrisson suggested that the Reeves property be rezoned to allow for less density. He stated that Anderson Farm was to remain farming per the Comprehensive Plan as a T-1 zone. Mr. Morrisson stated that the Reeves property is the last remaining undeveloped property adjacent to the reservoir. With an eagle, red bellied turtles and other animal and plant species, Mr. Morrisson questioned why the land could not be targeted for a nature preserve.

Mr. Joe Lewis of North Spring Lane questioned how the Township Planning Commission could conceive of allowing anymore development in the Township. Mr. Reading stated that they cannot stop development. A resident questioned if the Township could ask for concessions, enhancements and considerations from the developer for possible waivers they may need to develop the property. The resident stated that the development will impact the Township on many levels. Mr. Brennan stated that the Township has very specific laws and rules to follow. The resident stated that she knows the Reeves. She stated that if the Township had acted sooner then a developer may not have gotten it. Mr. Donald Davidson of South Forge Manor Drive stated that there are hazards in the reservoir. He stated that there are steel bars from the old Maisfield Bridge as well as steep drop off areas around the reservoir where people could get hurt. He stated that there are blue heron and wood ducks in the area. Mr. Davidson stated that if the developer stays away from the reservoir, he would support their plan.  Mrs. Teresa McGuigan of South Forge Manor Drive questioned if the development should have two ways in and out. Mr. Reading stated that the developer is sensitive of the residents along East Phillip Drive.

Mrs. Marquart stated that tonight is the first time the preliminary plan is being presented. She advised the audience that no decisions are being made by the Township and that there is a process the developer must go through. Mrs. Marquart stated that the developer has the right under the current zoning to begin the development process for the site. She stated that the plan coming in today will not be the final plan. Mr. Brennan stated that an equitable owner does have standing and it would be a big mistake for the Township to interfere with any contract that an equitable owner and the property owner may have.

Another resident stated that the Township had a chance to buy open space but it was defeated by the voters in the Township. She stated that the owners of Reeves property have the right to make a profit. She stated that the Township had their chance. The resident questioned if there was any recourse. Mr. Brennan stated that the Township could condemn the property but would need to pay fair market value and that there is no certainty as to the cost. Mr. Vutz stated that the Reeves were initially in discussion with the Township but when the open space referendum was voted down the Reeves went to Pohlig. He stated that Pohlig Builders has the right to deal with the Township as if they own the land. Mr. Vutz advised that if the Township unreasonably withholds things, it could be sued.

Mr. Richard Wolf questioned if another referendum could be created that could be shared with the region. The referendum could help finance open space to connect corridors to connect fragmented areas. He stated that it is not a healthy pattern in the way that development is shaping up with municipalities. Mr. Colket stated that the six municipalities in the Regional Planning Commission – Schuylkill Township, East Pikeland Township, Charlestown Township, East and West Vincent Townships and the Borough of Phoenixville – are developing a Regional Comprehensive Plan. The municipalities have opted to stay with their own zoning. Mr. Colket advised that open space referendums have passed in Charlestown and East and West Vincent. He stated that everyone is faced with rapidly disappearing open space.

A young student questioned the developer about the fertilizers going into the reservoir. Mr. Leighton stated that soon there will be two alternatives for the Township to consider - the concept/lifestyle plan and the by-right plan that has been submitted. He stated that the concept plan would have much greater control over the use of pesticides since the development will be controlled by a Homeowners Association that can control the use of pesticides where as with the by-right plan individual homeowners control what is done to their respective properties.

Ms. Leslee Eastwood of East Phillip stated that Pohlig has to provide a PNDI. She asked to see the report. Mr. Leighton stated that what has been submitted to date is the beginning of a very long, very public process. Mr. Bud Emig of Tory Lane questioned what waivers the developer would be asking for. Mr. Leighton stated that they know they will be requesting a waiver for the road right-of-way and a stream crossing. Ms. Carol Gallo of Ferry Lane stated that it took years to get a stop sign at the intersection of Ferry Lane and Pawling Road. She stated that with two cars for every house she is concerned with the one access for the Reeves property and that a traffic light may be needed.

YMCA – Mr. John Greenauer, vice-president of the YMCA stated that they will be meeting with the Township Engineer next week to review the land development plans. He stated that the YMCA has been working toward approval for 17 months. Mr. Michael Gill, representing the YMCA stated that the ordinance amendment hearing and possible adoption will be held on July 12. Should the ordinance be adopted, the conditional use hearing will follow immediately after on the same night. Mr. Chad Camburns of Bursich Associates stated that the EIA is under review by Gilmore & Associates and would be a part of the final letter from the Township Engineer.

With regard to the draft ordinance that has been sent to the County for review, Mr. Camburns stated that a definition has been added for man made steep slopes. Mr. Reading stated that it did not seem fair to penalize someone because of a slope that was created.  Mr. Greenauer advised that the netting out of floodplain and wetlands from developable area calculations in previous ordinances has limited the YMCA in how they can develop. Development won’t happen in those areas but 40% of the property falls into floodplain and wetland areas and netting out those areas creates a problem in the calculation of developable area.  On motion by Mr. Reading, seconded by Mr. Brennan and passed, the Planning Commission recommended approval to the Board of Supervisors of the draft ordinance #2006-04 as presented this evening.

On motion by Mr. Quigg, seconded by Mr. Claffey and passed, the Planning Commission recommended to the Board of Supervisors that approval be given to the Conditional Use application conditioned on approval by the Township Engineer.

Brackman Property – The Planning Commission requested that the Township Engineer begin review of the three lot subdivision plan for 210 Country Club Road.

Outdoor Dining Ordinance Revision – the recently adopted ordinance has been revised to state that the maximum number of tables shall be not more than 35 tables or 100 seats whichever is less within the 750 square foot allowable space for outdoor dining. Mr. Claffey stated that he is opposed to the ordinance because of the historic overlay district having been added to the ordinance. He stated that the ordinance excludes other restaurants and is only good for La Taverna, Twin Bays and possibly the Turnaround Café. Mr. Claffey advised that the ordinance was created by an attorney hired by La Taverna. He stated that Valley Forge Pizza cannot have outdoor dining. Mr. Claffey stated that he is not sure what rationale was used to limit outdoor dining to the historic district only. Mr. Vutz stated that that the historic district was an extra impediment so that there was not a floodgate opened with establishments wanting outdoor seating. Mr. Marquart stated that she agreed with Mr. Claffey. She stated that she approved the ordinance so that at least there were some places within the Township that could have outdoor dining. Mr. Claffey stated that the Township is getting too involved in legal activity. The consensus of the Planning Commission was to recommend to the Board of Supervisors that the ordinance as revised be approved.
There being no further business for discussion, the meeting was adjourned at 9:30 a.m.

Respectfully submitted,

 

Mary R. Bird
Township Secretary