Monday, June 08, 2009
Chairman Michael Fox called to order the executive session at 7:00 p.m. In attendance were Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were John Nagel and Gil High. Items of potential litigation and potential real estate acquisitions were discussed.
Chairman Michael Fox called to order the work session at 7:35 p.m. In attendance were Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were John Nagel, Frank Bartle, Gil High, Pam Gural-Bear, Roy Rodriguez, Bill Maule, Jay Glickman, Dulcie Flaharty, Jake Lea and Shirley Snyder.
There was no public comment.
Jake Lea and Dulcie Flaharty of the Montgomery County Lands Trust, gave a presentation on the resources they provide to municipalities seeking to acquire parcels of land. The presentation included preserving open space through zoning ordinance, deed restrictions, conservation elements, acquisition of property and funding. It was noted that the Lands Trust organization has the ability to provide a variety of resources and opportunities to the Township. Through their work with open space and land acquisition, they are equipped to assist townships through this process. The Lands Trust has partnered with many local municipalities and provides assistance to them in their deliberations of land acquisition. The Board expressed their thanks to Ms. Flaharty and Mr. Lea for their presentation.
The work session concluded at 8:02 p.m.
At 8:05 p.m. Chairman Michael Fox called to order the action meeting. In attendance were Supervisors Birch, McDonnell, Prousi and Sarosky. Also in attendance were Frank Bartle, John Nagel, John Chambers, Ken Amey, Earl Armitage, Kevin Costello, Bruce Shoupe, Richard Brady, Bill Brightcliffe, Larry Gregan, Pam Gural-Bear, Stacy Crandell and Shirley Snyder.
There was no public comment at this evening's meeting.
Solicitor Frank Bartle announced that the Board had met in an executive session prior to this meeting to discuss matters of potential litigation as well as issues concerning potential real estate acquisitions. Mr. Bartle indicated that these discussions were permissible in executive session under the guidelines of the Sunshine law.
John Nagel advised that a formal recommendation is being presented to the Board to request their approval to participate in the Stormwater Intergovernmental Cooperation Agreement with members of MCATO and BCATO. A committee of municipal managers and engineers have been meeting to come up with recommendations in this matter. At the June 19th Consortium meeting, these comments will be formally considered for submission to the DEP. All comments are due to DEP by July 6th. The costs for legal services and out-of-pocket costs are anticipated to be shared by participating municipalities throughout Montgomery and Bucks Counties. Resolution #1 unanimously authorized an intergovernmental agreement with other municipalities for legal services for storm water regulatory support.
An update on transportation projects within the Township was provided by John Nagel. The Route 202 Parkway, Section 701 shows significant progress between Welsh and Knapp Roads, with the completion of the first stream crossing near Knapp Road, and construction of the Route 309 bridge abutments have started. The closure of Costco Drive has been scheduled for June 29th and will stay closed for the duration of the project. The replacement of the bridge on County Line Road is scheduled to be let in June. The groundbreaking for the Horsham Road project is scheduled to occur on June 12, 2009 at 1:00 p.m. at the Township Gazebo. State Representatives Taylor and Harper and Senator Greenleaf will be contacted and invited to speak. Clearing and grading for this project will begin at the end of June.
The public hearing opened at 8:15 p.m. Frank Bartle introduced proposed Ordinance #09-237Z, an ordinance to amend the R3B Age Qualified Residential District. Mr. Bartle introduced Exhibits B1 through B8 and read the proof of publication, all to be included in the record. Bruce Shoupe provided a summary this proposed zoning text amendment. In 2007, the Cutler Group received approval to build an age restricted community consisting of 254 carriage style units and 314 mid rise condominiums. Since that time, the Cutler Group has requested an amendment to the zoning to modify the configuration of the plan. The new proposal calls for 174 age restricted carriage homes, 109 non age restricted townhouses, 13 estate type homes, 44 executive type homes and a complimentary commercial area on the Route 309 frontage. This new plan represents a reduction in density of the project. To date, 15 use and occupancy permits have been issued for the age restricted units. Planning Consultant, Ken Amey stated that according to estimated calculations, there would be approximately 165 fewer residents under the new plan, with an estimated 60 to 64 children that could be entering the North Penn School District. Changes have also been proposed for the recorded Declaration. These would include access restrictions to the commercial area and installation of a gateway along Route 309. As a result of this amendment, a reduction in impervious coverage on the front of the property would be reduced by about 15%, and the storm water management would remain the same as on the original plan, thus providing more than adequate storm water management for the project. Earl Armitage provided a comparison of the approved plan and the amended plan. The residential trips would decrease with the proposed plan. Traffic volumes are difficult to predict for the commercial area until tenants are obtained. However, the proposed ordinance limits permitted uses to those which would not be large traffic generators. Mr. Armitage noted that any minor increase in traffic due to the commercial uses was addressed by the improvements that the Cutler Group has already made to the Hartman Road and Route 309 intersection. These include changes to the traffic signal, and providing two left turn lanes on Hartman Road. The jug handle was also widened, as well as pedestrian upgrades at the intersection of Hartman and Horsham Roads. In conclusion, the traffic impact would be about the same for the amended plan, as the original plan. Dick McBride, attorney for The Cutler Group provided the Board with a brief history of the project. Mr. McBride also stated that the park land within the project has been dedicated to the Township. Both the Montgomery Township Planning Commission and Montgomery County Planning Commission are in favor of the amendment. Supervisor Robert Birch noted that he had a concern with the possibility of increased traffic, but was convinced that the amended plan would not increase traffic. Mr. Birch thanked Mr. McBride and the Planning Commission for all their work on this project. Chairman Michael Fox asked for clarification on the impervious coverage on the Route 309 section and the specific improvements that were done at the intersection of Hartman and Horsham Roads. Under public comment, Roy Rodriguez, speaking on behalf of the Open Space Committee inquired about the impact this amended plan would have on the proposed trail. Mr. McBride noted that the trail is part of the original declaration and will be built to Montgomery Township specifications. The trail work can begin as soon as the matter with PECO is resolved. Lawrence Caldwell asked for clarification on the average cost per student. Mr. Amey stated that the current cost is approximately $12,600 per student. The public hearing closed at 9:01 p.m. the public meeting was resumed and Resolution #2 unanimously approved Ordinance #09-237Z, an ordinance amending the R3B Age Qualified Residential District ordinance.
Under the consent agenda, the minutes of the meeting for May 26, 2009 and the payment of bills were approved as submitted. Resolution #3 approved the Route 202 Sidewalk Maintenance Agreement for Section 65N, and the Route 202 Traffic Signal Maintenance Agreement was approved by Resolution #4. Resolution #5 approved membership in the Montgomery County Lands Trust with a donation of $250 for the year 2009. Resolution #6 approved the DEP Permit Application for the Kenas Road Pedestrian Bridge. All consent agenda items were approved unanimously.
There being no further business, the meeting adjourned at 9:05 p.m.