Monday, September 22, 2008
Chairman Jeff McDonnell called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were Larry Gregan, Pam Gural-Bear and Frank Bartle. Items of potential litigation and real estate acquisition were discussed.
Chairman Jeff McDonnell called to order the action meeting at 8:05 p.m. In attendance were Supervisors Birch, Fox, Prousi and Sarosky. Also in attendance were Frank Bartle, Larry Gregan, Bruce Shoupe, Rich Brady, Bill Brightcliffe, Pam Gural-Bear, Kevin Costello, Phil Wursta, John Chambers and Deb Rivas.
Under public comment, Ralph Schurr of 109 Hemlock Drive indicated that he had public comment regarding item number five on the agenda. Mr. Schurr asked if the Board wanted to hear his comments at this time or would there be an opportunity to comment during the discussion concerning the Montgomery Mall property. The Board indicated that they would hear comments during the discussion. There was no other public comment.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss matters of potential litigation and issues regarding real estate acquisition matters.
Director of Fire Services, Bill Brightcliffe, announced that Fire Prevention Week 2008 will be held from October 5th through October 11th. This year the theme will be "Prevent Home Fires". There will be educational displays and an open house at the newly renovated fire house on October 18th, 2008. Resolution #1 unanimously recognized October 5th through October 11th as Fire Prevention Week in 2008.
During the next item, attorney Robert Kerns represented the Township on the matter of a request by the Hanover Group to schedule a public hearing for the rezoning of a 5.2 acre parcel owned by Montgomery Mall located along North Wales Road from R2-Residential to RS Regional Shopping Center District, and a Text Amendment to the RS-Regional Shopping Center District to allow multifamily residential use. Bruce Shoupe provided a summary which indicated that the Hanover Group had submitted a zoning map amendment and zoning text amendment requesting to rezone a 5.2 acre parcel along North Wales Road frontage of the Montgomery Mall property from present zoning of R2-Residential to RS-Regional Shopping Center District; and, amend the text of the RS-Regional Shopping Center District code to allow multifamily residential use on approximately 13 acres of this district (which includes the above 5.2 acres) which would allow the construction of 300 +/- multifamily residential units in 15 buildings. Mr. Shoupe also indicated that the staff understands that a meeting was held with approximately 50 local residents on August 21, 2008 to review the proposed Hanover Company proposal. The staff has reviewed the text portion and has several concerns, including the allowance of an increase in the commercial area, decrease in present parking requirement, and no minimum number of units required. Mr. Shoupe indicated that the Board has three choices this evening. First, the Board may request Staff to meet with the Applicant to review their proposal in greater detail and forward additional comments to the Board for review. Secondly, the Board could schedule a public hearing date to review the applicant's request which would start the process for County and Township Planning Commissions to review and make recommendations. Lastly, the Board could decide not to give the request any further consideration. The Board inquired as to the result of the meeting with the residents and how the residents were notified. Mr. Shoupe indicated that he did not know the results of the meeting. Joseph Zadlo of 604 N. Bethlehem Pike indicated that he was working with the applicant and that he had copied the Township's records and sent a letter to every resident in a certain area of the proposed development. Several residents in the audience indicated that they had not received a letter. Under public comment, Ralph Schurr, of 109 Hemlock Drive, indicated that he attended the meeting on August 21st and that he is also representing Eleanor and Monroe Moyer, who cannot attend the meeting. Mr. Schurr indicated that there were many reasons why this proposal is just as bad as the previous proposal for a movie theater and parking garage. Mr. Schurr stated that traffic congestion is already bad on North Wales Road and the Township should consider reducing traffic congestion instead of adding to it with 300 plus apartments. Mr. Schurr also mentioned runoff from construction across North Wales Road. Roy Rodriguez of 127 Country Club Drive specifically addressed the three new Board members to educate them that in the past the Mall has asked for rezoning and the Board has turned them down. Mr. Rodriguez asked the new Board to turn down this rezoning as well. Mr. Rodriguez stated that you should not mix apartments into a regional shopping center district. By doing so, Mr. Rodriquez indicated that the Board would be giving the developer carte blanche. Mr. Rodriguez stated that if you want to rezone for apartments, then rezone for apartments, not apartments in a regional shopping center. Mr. Rodriguez also stated that the Board ran on the platform of reduced traffic and that zoning is a tool used to control traffic. Robert Czerpak of 517 North Wales Road, stated that he has four young children and that cars routinely drive 60 mph down North Wales Road, making the road unsafe for families. Mr. Czerpak also stated that he is totally against what the mall is doing. Mr. Czerpak said that it takes 20 minutes to get out of his driveway on any given day. Robert Brandt of 572 W. Main Street, Trappe, PA, an attorney representing the applicant, stated that he did a mailing to the appropriate neighborhoods and met with the residents. Mr. Brandt said that they understand that traffic is an issue as well as the transition uses between the North Wales Road neighborhood and the regional shopping center of the mall. Mr. Brandt informed the Board that members of the Hanover Company were present to answer any questions they might have. Mr. Brandt stated that he and the applicant would be willing to meet with staff and work through the issues together. Overall, the Board was concerned about the issues presented by the residents. Chairman McDonnell suggested that the applicant meet with the staff and have staff perform a thorough review of the request. Mr. Prousi suggested that any notifications sent out to the residents should be sent by certified mail. Mr. Fox asked the applicant to hold another meeting with the residents to alleviate their concerns and also schedule a meeting with the staff. Mr. Sarosky indicated that he could appreciate the application more if it were for rezoning to R3a Apartments or R5. Mr. Sarosky said that this was a slick way to get around allowing more coverage for the mall expansion and a blank check for the multifamily position that can be put in there. Mr. Sarosky stated that this area has always been R2 and there was no surprise when this property was purchased that it was R2. Mr. Sarosky suggested that the only reason to go forward and hold a public hearing would be if this Board considers approving the request. Chairman McDonnell indicated that he was in favor of the applicant meeting with the staff. Mr. Fox stated that he would like to see an effort made from the applicant to contact the residents and address their concerns. Mr. Fox said that he would like to hear what the staff has to say regarding the proposed text amendment changes. The Board suggested that staff meet with the applicant. Mr. Sarosky suggested that a member of the Township Planning Commission be included in the meeting. Mr. Prousi suggested that a member of the Board attend the meeting as well. Larry Gregan asked the Board to confirm its direction to the applicant and staff which was for the applicant to hold a publicized meeting with the residents and report back to the Board with the results. Also, the Board authorized the staff to meet with the applicant and other representatives that the Board designates to look at the language of the text amendment proposed and to review the unintended consequences of rezoning.
Under the consent agenda, the minutes of the meetings for September 6 and September 8, 2008, and the payment of bills were approved as submitted. Resolution #2 approved the FDMT's request to initiate their annual fund drive. Resolution #3 approved the submission of the 2009 DUI Grant in the amount of $53,650. Resolution #4 ratified the authorized signers of the deeds of dedication for the former Tall Gables pumping station. Resolution #5 authorized the Township Manager to advertise for bids for a heavy duty vehicle lift. All consent agenda resolutions were unanimously approved.
There being no further business, the meeting adjourned at 8:50 p.m.