Zoning & Subdivision Review Committee

Meeting Minutes

Tuesday – September 18, 2001 – 7:30 p.m.
MCRPC Offices, 2491 Highland Road – Hermitage, PA

Members Present	Others Present
Samuel Scott, Chairman	Dennis G. Puko, Executive Director
James Rollinson, Vice-Chairman	Fred Frank, Planner - MCRPC
Ron Faull	Attorney Robert Kochems
Burroughs Price
Chuck Garrett

Mr. Scott, Chairman, called the meeting to order at 7:30 p.m. A quorum was present. Mr. Scott noted that the Minutes of the August 21, 2001 meeting were mailed prior to tonight’s meeting and there being no additions, corrections, or deletions, the Minutes stand approved as mailed.

N E W B U S I N E S S

1. Preliminary Plan – Phase One – Mystic Landing Estate - Hempfield Township – Mr. Frank reviewed this with the Committee noting that Phase One includes 12 single-family residential lots and 2 multi-family lots. He noted that the overall development would include 46 residential lots: 12 single-family dwelling units, 9 multi-family units (8 quad units and 1 duplex) totaling 34 multi-family dwellings. The zoning, as of the approved and updated Hempfield Township Zoning Ordinance, is zoned R-3, Multi-Family Residential. The site is situated on the east side of Hamburg Road, north of Methodist Road, and south of Greenville. Access to the site is off of Hamburg Road. The site is gently rolling and mostly wooded. He noted that the surrounding zoning and land use to the North is R-3, Multi-Family Residential (scattered single-family residences and vacant, wooded land). The surrounding zoning and land use to the East is R-2, Single-Family Residential (includes Greenville Country Club and Stoneybrook Estates). The surrounding zoning and land use to the South is R-2, Single-Family Residential (scattered single-family residences and vacant, wooded land). The surrounding zoning and land use to the West is R-3, Multi-Family Residential (scattered single-family residences fronting Hamburg Road on both sides and Creekside Estates [a single-family residential development] across Hamburg Road). The 12 single-family lots range in size from .724-acres to 2.238-acres. The 2 multi-family lots are 1.973-acres and 4.623-acres. These lots meet the minimum lot sizes and building setback requirements of the Hempfield Township Zoning Ordinance.

Mr. Frank stated that the application and plans call for the extension of sanitary sewers and water lines throughout the proposed Phase One development area. Mr. Puko stated that our Subdivision Ordinance requires that the Greenville Municipal Sewer Authority approve this sewer system. Mr. Frank noted that we would also need approval from Greenville Borough for the water line extension. Also, this plan calls for the construction of a new road, which meets the construction requirements of the Mercer County Subdivision and Land Development Ordinance. It was also noted that Hempfield Township has to approve the construction of the new road. There would be a 50’ right-of-way that would include Mystic Drive. In addition to the 50’, there would be a 10’ utility easement on each side of the 50’. Mr. Puko asked if the conceptual part beyond the Phase One meet the specs as generally drawn. Mr. Frank said yes, but we do not know lot sizes yet.

Mr. Scott asked if there were any further questions or discussion. There being none, a motion was made by Mr. Price and seconded by Mr. Rollinson to recommend approval of this Preliminary Plan – Phase One. The motion passed.

2. Rezoning Request – City of Hermitage – Mr. Frank reviewed this rezoning request with the Committee noting that the owner of the property, Hudson Holding Company, would like to rezone .567 acres on the southwest corner of Highland Road and Dutch Lane from R-2-75 General Residential to R-4 High Density Residential. The existing land use contains one single-family residence, with a proposed land use of approximately 3,500 square foot office building. Accessibility is via Highland Road, a principal arterial with a 20’-24’ pavement width and Dutch Lane, a collector street with a 16’-20’ pavement width. The site is serviced by both public water and sewer; and this site is not an extension of a zone.

The proposed rezoning is not in accordance with the City of Hermitage Comprehensive Plan. The plan calls for this site to remain R-2-75. The area in general has been changing, with Institutional zones creeping west along Highland Road from Route 18. The site across Highland, now a Real Estate business, was rezoned by Hermitage Planning Commission to Institutional in 1999. If this property were to be rezoned from R-2-75 to R-4, it would be the only R-4 zone in the area, creating some concern that the rezoning may be considered spot zoning. When Highland Road is reconstructed, there were will a traffic light at Highland and Dutch Lane. The applicant’s original request was for Institutional, but there is a minimum lot size for Institutional of 30,000 square feet, which this lot did not meet. There is a minimum set back on Highland Road of 50’ and on Dutch Lane of 35’ and the maximum lot coverage is 25%. The City of Hermitage Comprehensive Plan notes that the available land for office uses is almost at full build out, and there is a shortage of vacant land zoned for office use.

It was noted that the Hermitage Planning Commission has reviewed this rezoning request and recommended, to the Hermitage Commissioners, approval from R-2-75 to R-4. Committee members expressed concern that a rezoning to R-4 would constitute spot zoning since there are no other R-4 zones in the area. After brief discussion, a motion was made by Mr. Garrett and seconded by Mr. Price to deny the requested rezoning for R-4 and recommend that they rezone the parcel to Institutional. The motion passed.

3. Rezoning Request – Jackson Township – Mr. Frank reviewed this with the Committee noting that he received a request from an applicant to rezone 17.67-acres along I-79, south of Jackson Commerce Park from R-1 (Rural Residential/Agricultural) to I (Industrial). He noted that the site is heavily wooded. The applicant would like to construct a billboard and to service the billboard and is proposing to place the remainder of the parcel under restrictive covenant prohibiting any further Industrial development to the remainder of the parcel and retain the natural landscape of preserving Yellow Creek. He noted that this would be an extension of the Industrial zone to the north and the only access to this property is from East Cape Horn Road. East Cape Horn Road has no utilities on site and the road would not be capable of handling truck traffic. PennDOT controls the placement of outdoor billboards in the Industrial zone and allows 1 billboard for every 500 feet, which means only 1 billboard could be placed on this property. Jackson Township Zoning Ordinance states that the Industrial Zoning District should encourage the establishment and maintenance of industrial establishments for the manufacture, assembly, compounding, processing or storage of products. The zoning ordinance also states that the Township should encourage the elimination, isolation, or screening of all detriments created by man. He noted that Jackson Township Board of Supervisors reviewed this, but had some issues. He explained that when they reviewed this, the Township should be cautious that this may be deemed as contractual rezoning, meaning a legal promise made by the Township that they would rezone this land in return for this covenant placed on this property. He noted that after reading some legal documents, it seems like the courts would find this not acceptable, legal in the courts view. He also checked into conditional rezoning vs. contractual rezoning in that there would be no legal promise made between the Township and landowner as there would be in a contractual rezoning. In a conditional rezoning the property could be rezoned from R-1 to I with the condition that it could only be used for 1 use, a billboard use. Another condition may be to restrict the density or maximum coverage of this land, placing a condition that no more than 50% of the site could be used for development, which could help save the natural environment. There was discussion that if this parcel was rezoned to accommodate a billboard that similar rezoning requests would occur along I-79.

Mr. Frank noted that the applicant would also like a variance to build a billboard in accordance with the PennDOT regulations, rather than follow the Jackson Township Zoning Ordinance regulations regarding signs.

After further discussion, a motion was made by Mr. Price and seconded by Mr. Garrett that we recommend denying this rezoning request. The motion passed 3-2 in favor of denying the request.

4. Zoning Ordinance Amendment - Wheatland Borough – Mr. Puko reviewed this with the Committee noting that Wheatland Borough is proposing the creation of a Special District (SD) south of Ohio Street towards the river. This would be the only location within the Borough that Adult Entertainment Establishments would be permitted and that Adult Entertainment Establishments would be expressly prohibited in other Business Zoning Districts. This Special District would allow Adult Entertainment and Industrial Use subject to the following provisions: no adult entertainment establishments located within 1,000 feet of any other; no establishments within a 1,000’ of a Residential dwelling; no establishments within a 1,000’ of a school; no establishments within a 500’ of a bus stop; no establishments within a 1,000’ feet of a place that has an amusement park, child care, and church. Signs would be restricted to flat wall signs on the building.

Mr. Puko stated that this amendment is similar to adult use regulations in other municipalities. Mr. Price questioned if there would be any area that would be unbuildable in this SD? Mr. Puko stated no. Mr. Price questioned if the zoning in Wheatland would extend into Farrell or Hermitage since the proposed SD bounds the City of Farrell and also the City of Hermitage across the river? Mr. Puko noted that currently across the border it is all heavy Industrial. He also stated that one municipality couldn’t zone another municipality.

There being no further discussion, a motion was made by Mr. Rollinson and seconded by Mr. Garrett to recommend approval of this zoning amendment to create a Special District (SD) and regulate adult uses. The motion passed.

5. Other Business – Mr. Puko asked Attorney Kochems to inform the Committee regarding the existing complaint and where it stands with Ron Bittler. Attorney Kochems had talked to the Attorneys for the Board of Licensing regarding revoking Ron Bittler’s license. He was informed that the hearing had been completed, the testimony has closed and it is waiting for a 60 day opinion from the hearing examiner, which could be appealed by either side within 30 days to the full board, which might not hear it and make a decision for another year. He also noted that the Commission should write the hearing examiner a letter and state that this situation is pending and request action.

A motion was made by Mr. Garrett and seconded by Mr. Price to recommend writing a letter to the State Licensing Board concerning the Ron Bittler hearing, asking if additional evidence should be provided by MCRPC for subdivision infractions by Mr. Bittler and urging a decision on the case. The motion passed.

 

ADJOURNMENT

There being no further business to conduct, the meeting adjourned at 9:00 p.m.

Respectfully submitted,

Dennis G. Puko,
Executive Director

 

Mercer County Regional Planning Commission
2491 Highland Road, Hermitage, PA 16148
mail@mcrpc.com    www.mcrpc.com

 

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