Present: ------------ Bean; Baillie; D’Ambrosio; Hess; Paulus; Thomas; Susan G. Mauer, Esq.; Ryan Christman;
---------------------------- Sandra A. Pudliner.

Absent: Frederick W. Hay, P.E. and Keim

It should be noted that in the absence of the Township Engineer, his associate, Ryan Christman attended the Planning Commission Meeting on behalf of Keystone Consulting Engineers.

Approval of Minutes: - May 20, 2007 Planning Commission Meeting

Motion: --- I move we waive the reading of the Minutes of the May 20, 2008 Planning Commission Meeting and accept same as presented.

Thomas, Paulus: Moved and Seconded ----------------------------- Unan.

Correspondence:

Chairman Thomas advised all present that there are two items of correspondence available relating to previous matters before the Board. He noted that anyone interested in reviewing same is free to do so at the Township office during regular business hours.

New Business:

1. Bill No. 2008-07, An Ordinance Amending the Zoning Ordinance of Hanover Township to Require a Minimum Lot Size for Large Retail Buildings and Parking Related to Such Building or Use (Review and Recommendation)

Attorney J. Jackson Eaton, III appeared before the Board on behalf of the Hanover Township Council. Attorney Eaton advised the Planning Commission that he had been asked to be present this evening to explain to the Planning Commission the contents of the proposed ordinance before the Board for recommendation. Attorney Eaton advised that Bill No. 2008-07 is a companion ordinance with the other Bill which the Planning Commission will be considering this evening relative to the rezoning of a tract along Lloyd Street from Limited Use to Planned Commercial. He noted that the Township Council is tentatively in favor of changing the zoning of the tract in question as noted in Bill No. 2008-08. Attorney Eaton stated that the governing body has passed on these proposed ordinances to the Hanover Township Planning Commission, the Lehigh Valley Planning Commission and the City of Allentown which is an adjoining municipality to the area in question. After that process has been completed, it will ultimately come back to the governing body for consideration. With respect to the parcel in question regarding Bill No. 2008-07 and Bill No. 2008-08, Attorney Eaton advised that the Hanover Township Council has significant concerns as same relate to the parcel in question with respect to excessive intense commercialization of this area.

Essentially, Attorney Eaton noted that the property considered for rezoning has been open space in the Comprehensive Plan of the Township and zoned Limited Use. It has been a cemetery until such time as the use ended. The properties in the area of the requested zoning change have all been developed. He noted that along Lloyd Street and Irving Street you will find residential properties. However, Attorney Eaton indicated that he did not feel it would be inappropriate to rezone the property in question from Limited Use to Commercial since Commercial Uses abut the property on Airport Road. Attorney Eaton reiterated that the concern of the governing body relates to excessive intensity of use for the property. In that regard, the Hanover Township Council would propose that the Planning Commission consider at the same time as a change in zoning as requested by the Developer an ordinance that will restrict a certain use for lots of less than 25 acres. The restriction relates to box stores. Box stores are defined as any building having a building area in excess of 80,000 square feet. Attorney Eaton noted that the 80,000 square feet is less than some of the major retailers such as Coscos, Lowe’s, Home Depot, etc. High intensity commercial uses Council believes should have a lot size of at least 25 acres to be able to handle that kind of use. Hanover Township currently has box stores located in the Planned Unit Development District and some of them are being constructed in the Planned Commercial District. Those are of a size we believe are appropriate. Again, to move to the area in question to be rezoned from Limited Use to Planned Commercial, the Township Council feels that we need to put some restrictions on the Commercial Uses allowed on that property.

At this point in the meeting, the Planning Commission reviewed Bill No. 2008-07. The Township Attorney noted that a definition is set forth in Section 1 relative to a box store. With respect to Section 2 in Bill No. 2008-07, the Township Attorney noted that Section 2 which consists of charts have been amended to reflect that the Planned Business Center Development would not include box stores. With respect to the restrictions set forth in the chart they include type of use, minimum lot or land area, minimum lot width, front/side/rear yard setback, maximum building coverage and maximum lot coverage. Item 8 in the chart relative to Planned Commerce Unit Development has been amended to not include box stores. Item 13 has been amended to provide for the correction of a typographical error. A new Section No. 22 in the chart has been added with respect to box stores and provides that the type of use would be a special exception. The minimum total lot or land area would be 25 acres. Minimum lot width would be 100 feet, front yard setback would be 100 feet, side yard setback would be 35 feet, rear yard setback would be 50 feet, maximum building coverage would be 35 feet and maximum lot coverage would be 75%. Attorney Eaton noted that all these changes as shown in the ordinance under Section 2 relate to an amendment of Section 27-402(4)(E) of the Statutory Code of Hanover Township.

Attorney Eaton noted that in Section 3 of the proposed ordinance, Section 27-403 is amended to read that a building other than a box store may be constructed provided the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed.

Section 4 of the proposed ordinance provides an amendment to Section 27-404 which states that the lot or yard areas required for any new building or use other than a box store shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. Additionally, language has been added to indicate that a lot held in ownership as a condominium shall be considered under single ownership rather than as individual units for the purposes of determining area and coverage requirements.

Attorney Eaton noted that Section 5 of the proposed ordinance provides an amendment to Section 27-601(7) by adding language which states that property within the Township may not be used for parking serving a box store (whether the store is located inside or outside of the Township) unless the parking is on the same lot as the box store and the lot meets the requirements of Section 27-402(4)(E)(22).

In discussion regarding Bill No. 2008-07, Chairman Thomas questioned the Township Attorney as to whether or not the definition as provided in the ordinance for a box store is sufficient to protect the Township with respect to the type of development over which Council has concerns. Attorney Eaton commented that he felt that this proposed ordinance has attempted to define what the Township considers the major use or box store. He noted that box stores have a more regional appeal and represent a more intense use than other uses. Ms. Paulus commented that the Township must be careful not to create a situation where the Township could become liable. The Township Attorney noted that this proposed ordinance does not represent an attempt by the Township to go after anyone. The Township Attorney noted that he believes that these are reasonable restrictions which have been upheld by courts.

Attorney Timothy Siegfried in attendance on behalf of the owners of the Woodlawn Cemetery property indicated that he has not had an opportunity to review this proposed ordinance but is glad it appears that the Township is not objecting to the rezoning of the tract.

2. Bill No. 2008-08, An Ordinance Amending the Zoning Ordinance of Hanover Township Changing the Classification in the Southeast Quadrant of the Intersection of North Irving and Lloyd Streets from Limited Use to Planned Commercial (Review and Recommendation)

At this point in the meeting, the Board addressed Bill No. 2008-08. Attorney Timothy Siegfried appeared before the Board on behalf of the owner of Woodlawn Cemetery and provided the Board with a drawing relative to the proposed zoning change. Attorney Siegfried noted that this process started back in 2002. Back in 2002, this property which is both in the City of Allentown and Hanover Township, Lehigh County, was rezoned both in Allentown from an I-2 Zoning to B-5 and in Hanover Township from Limited Use to Planned Commercial. However, as part of that rezoning, a portion of the property as shown on the drawing, was not part of the rezoning request at that time. The Board reviewed an aerial drawing provided by Attorney Siegfried. Attorney Siegfried noted that when Agere came in the American Parkway was constructed and that his client owns property on both sides of the highway. Attorney Siegfried noted that the location chosen for American Parkway and its relevance to his client’s property. With respect to the property in question, Attorney Siegfried noted that there are commercial buildings to the east and that Airport Road has commercial uses, immediately to the west there are commercial uses, and to the northwest there are some residences and an apartment complex. Attorney Siegfried also noted that when this was originally rezoned his client did not own the Noti property. Furthermore, Attorney Siegfried indicated that the property for which rezoning is requested also included some 100 burial sites in that area. Family members of those interred in this particular area had concerns when they saw what was happening. According to him, his client relocated these burial sites to the south. Now Attorney Siegfried stated it seemed appropriate to come back and follow up on what was started on 2002. He noted that originally the City of Allentown and Hanover Township had rezoned the majority of the property previously and now that the burials have been moved and the Noti property has been acquired his client felt that it is more appropriate to change the zoning to Planned Commercial. Collectively, Attorney Siegfried noted that the property is about 20 acres in size. For the most part, the surrounding area is commercial with the exception of the northwest. He indicated that when they had been before the Hanover Township Council regarding this proposed rezoning there had been an expressed concern about big boxes that would be generating additional traffic. Attorney Siegfried did note that from a practical standpoint there would never be access off of Airport Road. Major access would be down the American Parkway, up Irving Street and off of Lloyd Street. Attorney Siegfried noted that Penn DOT probably would not approve an in and out on the American Parkway. Attorney Siegfried also advised that his client has no development plans at the present time and that there are no negotiations with any big stores. Mr. D’Ambrosio questioned Attorney Siegfried as to their position that basically this property is surrounded by commercial entities and Attorney Siegfried indicated that is the case. Attorney Siegfried also recalled the discussions with Council at the time they approached the Board with respect to rezoning and that the Township Council’s position was that they did not want to see a Wal-Mart on this site. Attorney Siegfried stated that Wal-Mart is probably 100,000 square feet or more. Mr. Baillie questioned whether Irving Street and Lloyd Street would be able to handle additional traffic. Attorney Siegfried indicated that additional right-of-way would be necessary and widening of the roadway would need to take place. Typically, Attorney Siegfried there is at least a left turning lane going in.

With respect to the resolution of the matters under New Business, the Hanover Township Planning Commission made the following Motions:

Motion: --- I move that the Hanover Township Planning Commission recommends to the Hanover Township Council the adoption of Bill No. 2008-07, An Ordinance Amending the Zoning Ordinance of Hanover Township to Require a Minimum Lot Size for Large Retail Buildings and Parking Related to Such Building or Use.

Thomas, Paulus: Moved and Seconded ------- Unan.

Motion: --- I move that the Hanover Township Planning Commission recommends to the Hanover Township Council adoption of Bill No. 2008-08, An Ordinance Amending the Zoning Ordinance of Hanover Township Changing the Classification in the Southeast Quadrant of the Intersection of North Irving and Lloyd Streets from Limited Use to Planned Commercial.

Thomas, Paulus: Moved and Seconded ------- Unan.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Planning Commission at 8:05 P.M.

Thomas, Bean: Moved and Seconded ------- Unan.

Respectfully submitted,

Patricia A. Paulus; Secretary,
Hanover Township
Planning Commission