Charlestown Township, Chester County, PA

 
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December 11, 2007
 
CHARLESTOWN TOWNSHIP
PLANNING COMMISSION
GREAT VALLEY MIDDLE SCHOOL, 7:30 P.M.
December 11, 2007
Present: Andy Motel, Chairman (arrived later), Mike Allen, Vice Chairman, Sarah Peck (arrived later), Michael Churchill, June Gorman, Rick Reis, Wendy Leland (arrived later), Surender Kohli, P.E., Ed Theurkauf, Tom Comitta (arrived later) and Linda Csete. Also present were Paul Hogan and John Mosteller.
Call to Order: 7:30 P.M.
Announcements
Approval of Minutes
December 11, 2007 Minutes
Mr. Allen made the following correction to the minutes on page 3, 1st paragraph, change "blank" to "black".
With this change, Mr. Churchill moved to approve the Dec. 11, 2007 minutes and Mr. Allen seconded. Mr. Motel called for discussion, and there being none, called the vote. Mr. Allen, Mr. Churchill, and Mr. Reis were in favor. Mrs. Gorman did not vote.
Review
Homeowners Associations
Mr. Allen said he asked planning commission solicitor Gary Bender to provide them with some background on HOAs, and specifically asked him if there are specific requirements in the state guidelines that must be incorporated into HOA documents or if they can be customized entirely. Mr. Churchill said he believes they can be written however the entities wish and that there is no state prescribed format. Mr. Allen added that an HOA can also change their documents in concert with the governing body. (Mrs. Leland arrived at this time.)
PennDOT Design Issues Relating to the Proposed TND
Mr. Allen said he, Mr. Kohli, Mr. Motel, Mrs. Leland met with Perry Morgan to review his sketches as a precursor to approaching PennDOT with the Planning Commission's desires for walkways, crosswalks, as well as pedestrian access through the turnpike tunnel in the retail and commercial areas of the proposed TND. Mr. Morgan will prepare sketches to be ready for the Supervisors' meeting on December 17th, and Mr. Allen suggested the Planning Commission members attend that meeting and make any comments they may have at that time. Mr. Allen asked if PennDOT is making any improvements north of Whitehorse Road on Route 29, particularly in the area of the Tyler Griffin tract. Mrs. Leland said they will be adding a second left turn lane traveling south on Route 29 turning onto Morehall Road.
TND Ordinance Update
Mr. Allen said the Supervisors reviewed the proposed TND ordinance line by line at their December 3rd meeting, and some questions were related back to Mr. Comitta. Following his independent review, Frone Crawford's remarks were included and discussed that evening as well. Mr. Comitta has now revised the draft in accordance with the discussions. Mr. Allen said Mr. Morgan is going to make changes to the concept plan for the Fillippo tract, and the Planning Commission asked Mr. Comitta to incorporate some "green" building language to the ordinance. Mr. Motel arrived at this time, and distributed the most recent draft of the TND ordinance dated 12/6/08, noting that the supervisors' hearing to consider the ordinance is scheduled for January 22, 2008.
Ordinance Revisions Relating to Open Space
The Planning Commission continued its review of Definitions, Article 4, Article 15 and Article 16 of the Zoning Ordinance as they relate to open space requirements. Mr. Theurkauf summarized the changes.

Pg.

 

Section

Comments

2-3

201

The definition of common open space was pared down and modified to provide a more accurate description of open space as used elsewhere in the ordinance.

 

2-4

201

A definition of critical environmental areas was added, which now includes all environmental categories without their dimensional criteria since that data is included elsewhere in the ordinance. "Habitat for threatened or endangered species" was added to the list of areas.

 

2-5

201

The definition for designated open space was removed as it's covered elsewhere.

 

2-8

201

The term "prime woodlands" was changed to "high quality woodland" as the former term is outmoded.  The definition allows the inclusion of these woodlands as critical environmental areas.  Mr. Allen said ""or greater" should be added to the end of the phrase " a majority of canopy trees of 12 inches diameter "

 

2-13

201

The definition of open space was changed to be more descriptive and accurate.

 

2-13

201

The definition for Open Space Development was made shorter and more accurate.

 

2-13

201

The definition for Open Space Option was removed as it no longer applies.

 

2-13

201

The definition for recreational facilities was broken down into active and passive recreational facilities.  Mr. Churchill said the exclusion for facilities intended for spectator activities should be removed, and the others agreed.

 

2-20

201

The definition for useable open space was removed as superfluous.  Mr. Allen asked if the minimum width of 150 feet was included elsewhere in the ordinance, and Mr. Theurkauf referred him to section 1504.A. Performance Standards.

Article IV

Pg.

 

Section

Comments

4-1

401.A

All agricultural standards were moved to Article 15.

 

4-1

401.B.6

Reference to another section was corrected for no-impact home business.

 

4-1

401.C.2

Reference to another section was corrected for major home occupation.

 

4-2

402

Height regulations for agricultural uses were moved to section 1614.

 

4-3

403A.1

Members agreed with Mr. Churchill's suggestion to remove the descriptive "such as.." examples for critical environmental areas, and change the sentence to "Minimize disturbance of critical environmental areas." 

 

4-3

403.B

Mr. Allen said the phrase "In order to qualify for Open Space Development" isn't needed since the open space option was removed from the ordinance some time ago, and qualifying development is addressed in section 401.A.4.

 

4-3

403.B.1

Mr. Theurkauf indicated the requirement that property be held in single ownership was removed, as it is permitted for several property owners to combine their properties to submit an open space development plan.

 

4-3

403.B

Various references were removed on eligibility requirements as they're now design requirements addressed elsewhere in the ordinance.

 

4-4

403.C.5

Trails were added to the various accessways to be provided.

 

4-4

403.C.6

Requirements were added for septic disposal and water supply.

 

4-5

403.C.6

Street tree program requirements were deleted, as they are included in full in the SLDO.

 

4-5

403.D.2.b.

Requirements for a "farmstead" or "homestead" lot were removed as they are addressed in Article IV.

 

4-6

403.F.1

References to 1503 and 1504 "in particular were deleted so as not to de-emphasize the other sections of Article XV.

 

4-6

403.F.1

Mr. Allen felt the requirement of 40% open space on a historic resource lot was unclear.  Mr. Theurkauf will add clarifying language.

 

4-7

403.F.2

Ownership provisions to be moved as needed to Section 1505 and deleted from this section. (Ms. Peck arrived at this time.)

 

4-8

404 & 405

The text in these two sections were reversed in order.

 

4-8

404.B

Mr. Churchill suggested that counsel review the proposed change to the phrase "be less detrimental" to ensure it has the same effect as "have less cumulative impact."

 

4-8

405

Agricultural standards were moved to Article XVI.

 

Article XV

Pg.

 

Section

Comments

15-2

1501.A.2

An exemption for TNDs was added to this section.

 

15-3

1502.A.2

Mr. Churchill said this item refers to agricultural uses that "do not require structures" but some of the uses listed would in fact require structures.  Ms. Peck suggested moving those uses that require structures to the conditional use section 1502.B. and others agreed. 

 

15-4

1502.C.2

Ms. Peck said private deed restricted space should be included in Section 1505, which is referenced in this section.  Discussion followed and will be continued in the future.

 

15-5

1503.A.4

The term Prime Woodlands was replaced with High quality woodlands for consistency. Also, the reference to the now defunct office of state planning was removed.

 

15-6

1503.A.10

Added habitat for threatened or endangered species to the section on Locational Criteria.

 

15-8

1505

Mr. Theurkauf said a definition for land trust is needed. (Mr. Comitta arrived at this time.)

 

15-8

1505.A.

Ms. Peck said the phrase "may require an easement for public use of the open space land when consistent with Township open space planning objectives" should be reviewed by counsel.

 

15-8

1505.B.

Mr. Motel questioned the term "open space trust".  Mr. Theurkauf will search all references to this term and replace it with "land trust or conservation organization."

 

Article XVI

Pg.

 

Section

Comments

16-7

1614

Mr. Theurkauf indicated that the lot standards were incorporated into the agricultural use regulations.  There was some discussion about state standards for the number of livestock permitted per acre, and Mr. Motel suggested they keep up with the status of the state regs.  Mr. Theurkauf said he removed the exemption for tracts over 25 acres.

 

16-9

1614.E thru L

Added all agricultural use requirements to this section.

 

 

Proposed TND Ordinance
Having distributed the revised TND draft ordinance, Mr. Motel said they haven't determined a maximum building area for retail uses in Area 3. He also suggested using the language "uses and shops" instead of "retail shops" as was done for Area 2 in Section 2206. Mr. Allen said a reference to "any use similar" could be included under conditional uses to allow some control on uses.
There was considerable discussion on whether the ground floor area not to exceed 8,000 square feet should be changed and at the conclusion was left as is. Mr. Comitta recommended a maximum of 8,000 square feet per user.
Green Building Requirements in the TND
Mr. Motel said he spoke to Mark Thompson earlier this evening with regard to encouraging, but not making mandatory, LEED design standards as they relate specifically to the structures in the proposed TND ordinance. LEED applies to many areas beyond the scope of the Uniform Construction Code, which only applies to structures. Mr. Thompson said the Uniform Construction Code already adopted the International Energy Conservation Code 2006 and PA Alternative Residential Energy Provisions with respect to the construction of residential and commercial structures, and ordinances can't require anything beyond those two codes that were adopted by the UCC. Mr. Motel also stated that wherever the Township can require green technology such as in common areas like streets and lighting, the Supervisors will likely do so. On structures where the UCC controls, the UCC will be enforced and applicants will also be encouraged to voluntarily exceed the basic requirement wherever possible. John Mosteller pointed out that the latter, for site development, already includes a lot of what the Planning Commission is looking for in the ordinance.
Adjournment:
The meeting was adjourned at 9:20 P.M.
Respectfully submitted,
Linda M. Csete
Planning Commission Secretary
 


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