Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Special Meeting
Tuesday, June 9, 2009 – 6:00 P.M
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen Wagner, Vice Chairman
Joseph M. Horvath
John E. Gilda, Jr.
Joaquim “Jack” DeMatos

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn E. Heater, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Ronald Gawlik, P.E., Township Engineer

CALL TO ORDER
Chairman Gutzmirtl called the meeting to order at 6:00 p.m. in the Public Meeting Room of the Upper Saucon Township Municipal Building, 5500 Camp Meeting Road, Upper Saucon Township, Lehigh County, PA.

PLEDGE OF ALLEGIANCE
Chairman Gutzmirtl asked all in attendance to stand and recite the “Pledge of Allegiance.”

PROPOSED ORDINANCE NO. 141 – COMPREHENSIVE ZONING ORDINANCE AMENDMENT
Chairman Gutzmirtl introduced the new ordinance with a brief history of the project and outlined the procedures to be used by those in attendance. Mr. Gutzmirtl opened the public hearing.

Public Hearing on Proposed Ordinance No. 141 - Comprehensive Zoning Ordinance Amendment

Introduction presented by Township Solicitor Dinkelacker
Attorney Dinkelacker described the ordinance under consideration as a comprehensive amendment to the existing ordinance. Although the new ordinance is a self-contained booklet, there are elements of the ordinance similar to the existing zoning ordinance. It is considered a comprehensive amendment as opposed to a new ordinance. The Solicitor identified this portion of the meeting as a public hearing for the purpose of taking public comment. The Solicitor also asked that specific questions on how the ordinance applies to a defined parcel be directed to the Zoning Officer and/or the Planning Department after the meeting.

Attorney Dinkelacker read into the record exhibits T-1 through T-8.

Attorney Dinkelacker emphasized that proposed Ordinance No. 141 has been through an extensive review by interested residents, Township officials, County officials and other interested parties.

PowerPoint Presentation by Harry Roth, Township Planning Consultant
The presentation, as noted by Mr. Roth, was similar to the one presented at the public town hall meeting held several months ago at the Southern Lehigh High School.

Mr. Roth described the purpose of zoning to regulate land use. The zoning amendment consists of a text description of the ordinance and two zoning maps. One map shows the zoning districts and the other shows natural and cultural features.

Mr. Roth explained that zoning offers benefits to the community by separating incompatible land uses. Zoning minimizes the impacts of uses to specific property and allows neighbors to understand what is permitted in their district. Zoning rules are designed to balance the demand for public services and promote high quality design and function by establishing design standards. Importantly, the zoning ordinance gives the public an opportunity to weigh in during important development projects.

The other benefits of zoning is to protect all residents from adverse impact of surrounding land uses, assures that all residents are treated fairly and preserves property values by ensuring that land uses are compatible. Zoning also imposes a permit process so that all applicants are required to meet the same requirements.

Mr. Roth explained that zoning was first enacted in the Township in 1959 and there have been subsequent comprehensive amendments since the first ordinance, specifically in 1971 and 1986.

Mr. Roth explained that the purpose of this new comprehensive amendment was to update the ordinance to be compatible with changes in the planning profession and developing case law.  

The existing ordinance has been amended numerous times and remains difficult to navigate. The new proposal is a complete re-write making the details easier to understand. The ordinance was tightened and strengthened, but every effort was made to simplify the language.

The ordinance development process incorporated by Mr. Roth began in April 2006. The initial draft was prepared in May 2007 after discussion with Township officials and submitted for review by the Solicitor and the Township staff. The Township review team met on a regular basis to prepare a second draft that was presented to elected officials in the fall of 2008.  The changes identified in the public review meetings resulted in another draft that was posted on the Township’s website in April of 2009. This last draft formed the basis of the town hall meetings. The latest draft was approved by the Planning Commission in May of 2009 where it was recommended for adoption. Changes were made based on input from various agencies and experts who reviewed the document.

One criterion for the ordinance was the concern by the Township to preserve its rural character. The ordinance sets aside areas to promote a rural lifestyle, directs that open areas be protected, and requires protection of natural features. Residences in designated conservation areas will be low density. The goal in the conservation districts is the preservation of farming and conservation of open space. As an incentive to keep these areas stable, the ordinance makes concessions to include associated home businesses and non-commercial keeping of animals.

The ordinance promotes the use of conservation design. The plan would encourage developers to use conservation design guidelines in keeping with community desires. Conservation design consists of two elements – a concentrated development area and a permanently preserved open space outside the development area. The benefits are that it helps preserve open space and the rural character of the community. The larger open spaces mandated by the design allows for larger areas for recreational use, for natural habitats, and preservation of parklands. Other advantages include lowering development costs by making use of centralized compact infrastructure as well as improving social interaction.

Commercial and industrial projects are also addressed. These projects were confined along the major highways. The ordinance encourages smaller businesses with reduced lot sizes. Buffering and landscaping requirements around businesses were increased particularly around the storage of outdoor materials. The ordinance specifically promotes the use of shared access parking and adds restrictions on lighting and noise. Design standards are strengthened.

The Township is required to provide for all land uses. Potentially objectionable or adverse uses of land are handled with the conditional use review process incorporated into the ordinance which involves the Planning Commission, the Board of Supervisors and resident input.

The ordinance will also revamp the office, research and technology (ORT) zone. The new designation is the enterprise zone. The goal is to make the area a premier destination site complete with high quality building design. Lot sizes are large to attract larger business enterprises and require multi-story design. The plan addresses the Town Center, Stabler Office Park and the Promenade Shops to allow these areas to continue to grow.

A prominent feature of the new ordinance is Article 5, the Environmental Protection provisions. The regulations tie into the natural and cultural features map that requires the preservation of the unique character of the Township. Developers are required, as a part of their land development planning process, to address these specific items. The ordinance requires not only that the specific features be identified, but that there is an on-going process to manage and protect the features. The zoning map only identifies areas where features exist – developers are required to provide detail and specifics from on-site investigations. 

Based on input from public meetings presented earlier this year, the changes proposed in the final version of the new amendment include:

• Removing the Pennsylvania Natural Diversity Inventory sites from the cultural features zoning map in order to accommodate changing local requirements
• Farming is added and permitted as a viable use in the R-2 zone
• A well head protection zone around the Zinc Mine Well
• Parking for multi-family dwellings was clarified
• Changed the managed odor standards for large-scale animal feeding operations
• Reduced the permitted size for accessory satellite dishes from 12 feet to one meter
• Clarified grading requirements with a farming exception
• Updated the prohibited and permitted vegetation list

Mr. Roth then asked the Board for questions. Chairman Gutzmirtl thanked Mr. Roth for the effort and hard work in preparing the new ordinance.

Staff comments
None

Mr. Gutzmirtl then asked for comments from the audience.
   
George Bloeser, 6500 Limeport Pike - He questioned the practice used in the past of subdividing lots. The given example was a four acre lot in an R-1 district. Could it be a minor subdivision of four one acre lots? Is that ability grandfathered in anyway?

Mr. Roth responded that the specific case would need to be reviewed by the Planning Commission and if open space requirements permitted a minor subdivision it would be approved. It may need to be reviewed as an exception.

Charles Ruppert - 5201 Mountainside Lane – Mr. Ruppert noted that he submitted comments somewhat belatedly on various provisions in the new Zoning Ordinance.  Mr. Ruppert’s comments are summarized as follows:

• The Township should not be exempt from its own zoning regulations
• Recommended defining ECHO
• Wanted to know if natural space or natural areas are defined.  If not, then they should be defined
• Agricultural Preservation zone regulations are confusing
• Questioned the logic of footnote 1 in figure 213.I which requires greater setbacks for structures exceeding 35 feet in height
• “Unimproved areas” needs to be defined
• Questioned the legality of Section 301.B.5 which provides for a waiver of the access drive setback requirements in certain instances
• Questioned the need for a 100 foot clear sight triangle on corner lots
• Suggested requiring queing analysis to determine proper access drive throat length distances
• Questioned the need for fence requirements that force property owners to install fences with the finished side facing outward
• Questioned the billboard provisions and which districts allow billboards
• Believes the special event sales provisions of Section 318.C are too restrictive
• Requested the innovative use of agricultural buildings called for in the Rural districts be extended to all zones
• Concerned that the campground requirements of Section 416.D might result in significant tree removal which is in direct conflict with the stated intent of the ordinance to preserve woodlands
• Could not understand why cell towers are required to have such huge setbacks
• No need for shooting ranges to operate until 11:00 pm

Mr. Gutzmirtl thanked Mr. Ruppert for expressing his comments and concerns.  He said the Planning and Zoning Committee will review Mr. Ruppert’s comments.

Daniel Ball – 6250 Chestnut Hill Road – Mr. Ball said he was speaking on behalf of Don Heiney.  He said the world is running out of oil and government officials should do a better job of planning for a world without oil.  His main point was that residences need not be isolated and provisions should be made to allow for retail stores that service the neighborhood. He suggested that the new ordinance contain

provisions that would encourage residents to work out of their homes. He also asked that the Township be more accommodating in allowing home businesses.

An unidentified woman wanted to know what the open space lands will be used for. Mr. Gutzmirtl explained that the goal was to create links via trails within the community. She questioned the Township’s purchase of two parcels on South Mountain. Mr. Gutzmirtl explained that the purchase of the parcels was part of an effort by the Township’s Environmental Advisory Council to create a trail and a trail head on South Mountain. Mr. Gutzmirtl explained the land purchased is not far from the Rodale reserve. She also questioned the development of a well on the former Drewniany property. Mr. Gutzmirtl clarified that the Township looked at a location for a well on this property, but a more detailed analysis determined that it was not feasible. She wanted to know how many Supervisors live in the Township.  Mr. Gutzmirtl replied that all five Supervisors live in the Township.

Al Siess – 6460 Blue Church Road – Mr. Siess addressed the importance of having a just zoning ordinance and he explained that he realized it was difficult, if not impossible, to obtain. Mr. Siess urged the Township officials to be very just in the way they enforce the new ordinance.  Mr. Gutzmirtl assured Mr. Siess that the document would be a living document and would be changed as needed to make sure it met the needs of the residents.

Mr. Siess said he owns property that has virtually no road frontage and would like to subdivide this property sometime in the future.  He is concerned that he may not be able to do this under the new zoning ordinance.

Adoption of Proposed Ordinance No. 141
Motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Ordinance No. 141 which constitutes a Comprehensive Amendment to the Upper Saucon Township Zoning Ordinance. There was no additional Board discussion. Mr. Gutzmirtl again expressed his thanks to all the staff and volunteers that joined together to prepare the ordinance.

Mr. Gutzmirtl asked if anyone from the public had additional comments concerning the proposed ordinance. There was no response from the public.

The motion was adopted by a vote of 5-0.

COURTESY OF THE FLOOR
Mr. Ruppert expressed to the Board that he fully supported the new ordinance.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting.

The motion carried by a vote of 5 to 0.

                                                                       
Secretary