Board of Supervisors Special Meeting Minutes
November 5, 2003

Members attending:
Philip W. Spaeth, Chairman
Allen C. Cassaday, Vice-Chairman
Joseph F. Konkolics, III, Asst. Secretary/Treasurer
Donald S. Clum
James H. White, Sr.

Staff attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr. , Asst. Township Manager/Finance Director
Thomas Dinkelacker, Solicitor
Sam Krick, Planning Consultant

CALL TO ORDER

Chairman Spaeth called the meeting to order at 7:00 PM in the Public Meeting Room of the Upper Saucon Township Municipal Building, 5500 Camp Meeting Road, Upper Saucon Township, Lehigh County, Pennsylvania.

PLEDGE OF ALLEGIANCE

Chairman Spaeth asked all in attendance to stand and recite the “Pledge of Allegiance.”

BUSINESS ITEMS:

Curative Amendments

Mr. Beil reviewed the following two Petitions for Curative Amendment:

1. Petition for Curative Amendment of Blue Belle, LLC.

Petitioner is the real or equitable owner of approximately 129 acres located on the south side of Weyhill Drive. The Property is zoned R-1, Rural Residential. The Petitioner proposes to subdivide the Property into 251 lots of which 3 will be conveyed to adjacent land owners, 245 will be
for the construction of single family detached dwellings, 2 will be for storm water management and 1 will be for a commercial shopping center. The Petitioner questions the validity of the Zoning Ordinance and alleges that it is illegal, unconstitutional, exclusionary and confiscatory because it fails to make provision for the Township’s fair share of high density single family detached dwellings and commercial uses. To cure this alleged defect, the Petitioner proposes to have the Property rezoned from R-1 to R-3 AHD. The R-3 AHD District is intended to provide affordable housing with commercial services for its residents.

2. Petition for Curative Amendment of BR Associates, LLC.

Petitioner is the real owner of approximately 72 acres located on the north side of West Hopewell Road immediately west of the Hopewell Elementary School. The Property is split zoned with the majority of the Property being located in the R-1, Rural Residential Zoning District and the remainder being located in the R-2, Suburban Residential Zoning District. The Petitioner proposes to subdivide the property into 172 lots of which 74 will be for the construction of single family detached dwellings, 94 will be for the construction of single family attached dwelling units, 1 will be for the construction of a 176 unit apartment complex, 1 will be conveyed to an adjoining property owner, 3 will be for storm water management and 1 will be for the construction of a shopping center. The Petitioner questions the validity of the Zoning Ordinance and alleges that it is illegal, unconstitutional, exclusionary and confiscatory because it fails to make provision for the Township’s fair share of multiple family housing, high density single family detached dwellings and commercial uses. To cure this alleged defect, the Petitioner proposes to have the Property rezoned from R-1 and R-2 to R-3 AHD. The R-3 AHD District is intended to provide affordable housing with commercial services for its residents.

Attorney Dinkelacker outlined the procedure, which must be taken by the Township regarding Curative Amendments. Attorney Dinkelacker noted that a public hearing must be held within 60 days and that the Township Planning Commission and Lehigh Valley Planning Commission need to have a 30-day review period. Attorney Dinkelacker stated that if the Township did nothing it was automatically deemed denied and that allows the Developer to appeal to the Court of Common Pleas. Attorney Dinkelacker indicated that the Developer could give the Township a written time extension, if so desired. Attorney Dinkelacker also advised that the Township Solicitor cannot represent the Township in this matter and that another attorney would need to be selected.

A discussion ensued between the Board Members and Attorney Dinkelacker concerning curative amendment hearings.

Due to the upcoming holidays, Mr. Spaeth recommended that the Township Manager seek time extensions from the Developer concerning the BR Associates Curative Amendment and the Blue Belle Curative Amendment.

Rezoning Request – Peppercorn Pub

Attorney Mike Gavin and Mr. David Newman of The Newman Group were present.

Mr. Gavin explained that his client, The Newman Group, has submitted a formal request to have several properties at the southwest corner of Route 309 and Passer Road rezoned from R-2, suburban residential, to C, commercial.

Mr. David Newman gave a brief overview of The Newman Group, which is a family owned commercial development company. Mr. Newman described the proposed concept plan for the Passer Road project which shows a gas station, bank and drive-thru pharmacy.

Mr. Gavin requested the Board’s comments on this proposal.

Mr. Cassaday advised that the Planning & Zoning Committee recently met with The Newman Group to discuss the proposed zoning amendment. The Committee had a favorable view of the proposal. The Newman Group agreed to work with the Township on improving the intersection of Rt. 309 and Passer Road. It was the Committee’s recommendation to move forward with this request.

Motion was made and seconded to authorize the Township Manager to forward this rezoning request to the Township’s Planning Commission and Lehigh Valley Planning Commission for their review and comment.

Vote: All members voted “aye”

ORT Amendments – Proposed Ordinance No. 79-MM

Mr. Sam Krick provided an overview of proposed Ordinance No. 79-MM, which would allow for the creation of a Town Center Core in the ORT Zoning District. The Town Center Core would facilitate the type of shopping center that is neither a strip commercial center nor an enclosed shopping mall but rather an open-air town center of entertainment, retail and lifestyle shops, services and facilities set amidst a traditional town with a grid block street system inclusive of sidewalks, street trees, sidewalk cafes and other pedestrian oriented amenities. Mr. Krick also noted that the regulatory requirements for the Town Center Core are very stringent and that only one Center will be allow within the ORT zoning district.

Mr. Cassaday inquired about the availability of highway access mentioned in the regulations.

Mr. Krick stated that the developer will be responsible for paying all applicable traffic impact fees.

Mr. Spaeth commented on the article in THE MORNING CALL calling this development a “Mall” and the fact that it is clearly written in the proposed ordinance that a “Mall” is not permitted.

A short recess was taken.

The meeting was reconvened.

Southern Lehigh School District – Presentation

Michael Eddinger, School Board Member, gave a presentation on the positive impact the Town Core Center will have on the tax base for the Southern Lehigh School District.

Stabler Land Company - Presentation

Joseph Fitzpatrick, Attorney for Stabler Land Company, Robert Bower, President of Stabler Land Company and Messrs. Grambergs & Bernstein from Poag & McEwen were present.

Attorney Fitzpatrick introduced Mr. Grambergs who gave a presentation on the proposed “lifestyle” center. He emphasized the amenities, plazas, fountains, and the gridlock system to be implemented.

Attorney Fitzpatrick distributed two folders containing picture of a lifestyle center called Deer Park outside of Chicago, which opened in 2000, and photos of a lifestyle center called Saddle Creek outside of Memphis, which is 20 years old. Poag & McEwen owns both of these centers.

Mr. Bernstein, Attorney for Poag & McEwen, spoke on how Poag & McEwen has changed its concept of the lifestyle center to fit Upper Saucon Township’s proposed ordinance presented by Mr. Krick Mr. Bernstein spoke about several recommended amendments to the proposed ordinance concerning the setback for a cluster of restaurants around Lake Thomas, the grid lock system being proposed, the current signage ordinance and the current lighting ordinance.

Mr. Bernstein gave a visual presentation on a lifestyle center currently under construction in Connecticut.

Attorney Dimmich inquired about the rear façade.

Mr. Bernstein indicated that the rear service areas will be landscaped and fenced.

Mr. Bower explained the need for expediency due to another developer presenting the same concept in another municipality. He further explained that the Lehigh Valley will only support one lifestyle center.

PUBLIC COMMENT WAS REQUESTED

Miro Gutzmirtl, Jared Drive – Complimented Mr. Eddinger on his presentation and stated that there were many questions which needed to be addressed. Mr. Gutzmirtl wanted to know the hidden costs this proposed development will create for the Township, such as road maintenance and additional police. Mr. Gutzmirtl was also concerned about traffic at the intersection of Route 309 and Center Valley Parkway.

Attorney Dickelacker noted that all infrastructure created in conjunction with Town Center Core will be owned and maintained by a management corporation.

Mr. Gutzmitl wanted to know how many parking spaces are being proposed for the shopping center.

Attorney Fitzpatrick noted that a formal land development plan has not been submitted to the Township at this time.

Mr. Grambergs stated that the developer intends to comply with Township’s parking requirements.

Mr. Bernstein addressed the issues of security and traffic. The Lifestyle Center will have a private security force.

It was noted that the majority of traffic for the Lifestyle Center would be generated between the hours of 11 am and 4 pm.

Mr. Krick described the street-scape amenities required under the proposed ordinance.

A discussion ensued regarding police enforcement on private property.

Joseph Horvath, Blue Church Road – Wanted to know if the tax revenue projections were based on the current zoning or proposed zoning.

Mr. Bower said the tax revenue projections were based on the existing zoning.

Mr. Horvath wanted to know if the Town Center Core is just the first phase of a larger more comprehensive zoning change. Mr. Krick said that proposed Ordinance No. 79-MM only deals with the Town Center Core and he expects to finish writing the other zoning amendments sometime in the new year.

Kim Snyder, St. Joseph’s Road - Commented on the rising taxes in this area and spoke in favor of the Town Core Center especially since it has the potential to reduce the tax burden for residential property owners.

Roger Miller, Station Avenue – Commented in favor of the Town Center. He also commented on the possible advantages of locating a police sub-station within the Town Center.

Judy Krasnicke, E. Valley Road – Inquired about the tenants within the Town Center and was concerned that the center would be built without tenants to fill the stores. It was determined that construction would not begin on the center until a certain percentage of tenants were on board.

George Bloeser, Limeport Pike – Wanted to know if there would be a central theme for the Lifestyle Center. It was determined that there would be a central theme. Mr. Bloeser spoke in favor of preserving Lake Thomas.

Jack Adamson, Susan Road – Complimented Stabler Land Company and the School Board’s presentation. Mr. Adamson spoke against amending the zoning ordinance in a piecemeal fashion. He expressed concern that Rt. 309 was becoming another MacArthur Road.

Mr. Krick explained why the ORTTC zoning amendment was being pulled out and considered separately.

Mr. Adamson expressed concern about developers suing the Township.

Greg Kessell, Attorney for Sierra Management commented in favor of the proposed Lifestyle Center.

Nick Antich, owner of AD Computer, spoke in favor of the proposed Lifestyle Center.

Kurt Rank, Drummond Circle – spoke in favor of the proposed Lifestyle Center.

Motion was made and seconded allowing the Planning & Zoning Committee to authorize advertisement of proposed Ordinance No. 79-MM. In the event the Planning & Zoning Committee does not reach consensus with respect to advertising the proposed ordinance, then the full Board will take action at is November 11, 2003 meeting.

Vote: All members voted “aye”

Swing-Set Setbacks

Mr. Beil noted that this issue stems from a dispute between two neighbors in the Valley Green Subdivision. One neighbor has a swing set that is set back approximately 5 feet from the other neighbor’s property line. A complaint was filed with the zoning office and it was determined that the Zoning Ordinance requires all structures, including swing sets to be set back at least 30 feet from side and rear property lines. Mr. Beil stated that it is up to the Board if they want to revise the ordinance to allow for a lesser setback requirement. Mr. Beil advised that the neighbor with the swing-set wants the setback to be changed to 5-ft., the neighbor making the complaint wants the setback to remain at 30-ft. and Mr. Krick looked into the matter and recommends 15-ft.

A discussion ensued between the Board members.

Motion was made and seconded to draft an ordinance requiring swing sets and play sets to be set back at least 15 feet from rear and side yard property lines.

Vote: All members voted “aye”

A resident on the homeowners association in Valley Green wanted to know if existing swing-sets that are already up and not 15-ft. off the property line will need to be moved. It was determined that if the Township received a complaint then the property owner will have to move the swing set.

ADJOURNMENT

There being no further business to discuss the meeting was unanimously adjourned.

Vote: All members voted “aye”

_________________________ Secretary