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Board of Commissioners Minutes - November 12, 2019

12/20/2019

 
​Wild Meadows-Public Hearing to Consider Proposed Zoning Ordinance Amendment
Thorndale Fire Hall
November 12, 2019
7:00 PM
 
                  Call to Order and Pledge of Allegiance
 
Attendance – Jennifer Breton-President, George Chambers-Vice President,  Joshua Young-Commissioner, Lorraine Tindaro-Commissioner, Chuck Kramer-Commissioner, Kristen Denne-Township Manager/ Secretary, Kristin Camp-Township Solicitor, Bryan Kulakowsky-Township Engineer, and Denise Miller-Assistant Township Secretary. 
 
Also present were; Applicant-Mr. Miller, Representing Wild Meadows LLC-Attorney Lou Colagreco, and Traffic Engineer-Matt Hammond.    
                                                                      
Commissioner Breton called the meeting to order at 7:00 PM and all Pledged Allegiance to the Flag.
 
Commissioner Breton presented the rules for the meeting.
 
Ms. Camp noted that a petition was submitted to the Board of Commissioners in September 2018 seeking to amend the Zoning Ordinance to permit development of the applicant’s property that is zoned R-2, in a manner different than what the current ordinance would allow. Various edits and amendments were made, it went through a review process, and came to a public hearing in December of 2018 which was continued due to overcrowding. Since that time the ordinance has been revised and the proposal has been changed to eliminate apartments and commercial uses.  
 
Ms. Camp also noted that the current proposal proposes to rezone the parcel of property to an overlay called an Age Qualified Residential Overlay District, and to allow a new use by conditional use called an Age Qualified Residential Development. The Board of Commissioners has to follow the proper procedures of the state law which is governed by the Pennsylvania Municipalities Planning Code (MPC) in order to adopt an amendment to the zoning ordinance.
 
Ms. Camp reviewed the Board Exhibits.
 
B-1: Proof of Publication in the Daily Local News on October 2, 2019 and November 4, 2019.
B-2: October 25, 2019 letter from Kristin S. Camp to the Chester County Law Library providing proposed amendment for public inspection.
B-3: October 25, 2019 letter from Kristin S. Camp to the Daly Local News providing proposed amendment for public inspection.
B-4: November 1, 2019 affidavit of posting.
B-5: Letter from Regal Builders waiving 30-day notice requirement and confirming hearing date.
B-6: Chester County Planning Commission review letter dated October 28, 2019.
B-7: Caln Township Planning Commission August 20, 2019 meeting minutes.
B-8: Caln Township Planning Commission October 15, 2019 draft meeting minutes.
 
Mark Cain of 114 Ayerwood Drive asked about the County Commission 30 day notice before the meeting.            Ms. Camp noted that it is the County Planning Commission which requires 30 day notice before the meeting, for their review. Ms. Camp also noted that at the close of the hearing the Board has to act within ninety days or start over or not act at all.
 
 
 
 
Mr. Colagreco noted a few highlights of the proposed ordinance.
 
·        Apartment units were deleted.
·        16 homes were added with the deletion of the apartment units.
·        The Township Planning Commission recommended the adoption of the proposed ordinance with the deletion of the commercial uses.
·        Commercial uses were deleted.
·        Price point of $450,000 for the dwellings, depending on the market.
·        There are no creeks, streams or wetlands on the property.
·        Private roads unless the Township wants them to be public.
·        92 Townhomes and 119 Age Qualified Homes.
 
Mr. Colagreco noted that the applicant has a demolition permit for the Farm House. He also noted that if this ordinance is enacted and moves forward, Mr. Miller has agreed to offer for sale the Farm House for the land price only.
 
Mr. Hammond noted a few highlights for traffic control.
 
·        Access point on Manor Avenue opposite Rock Raymond Road.
·        Secondary access point on Lloyd Avenue closer to 322 and Lloyd Avenue opposite Beaver Run.
·        Widen Rock Raymond Road which entails providing 3 lane approach towards 322, separate right and left hand turn lane, and a separate thru lane across 322 into the development.
·        Signal timing adjustments.
·        Minor striping changes between Lloyd Avenue and beyond Rock Raymond Road.
·        PennDot has asked them to dedicate eight feet of right of way along the entire frontage to accommodate the future Route 30 Bypass project.
 
Commissioner Young asked Mr. Colagreco to explain the 70% coverage. Mr. Colagreco noted that the coverage is a function of stormwater management, and is a max coverage on this development. He noted that the site is going to only sustain what the site can sustain. They put in the 70% coverage as a place holder in the ordinance for development on the property.
 
Commissioner Kramer asked if there is a plan to put a right hand turn lane coming from Route 30 towards Downingtown. Mr. Hammond replied that it has not been proposed. Commissioner Kramer also asked if coming up away from Downingtown towards the bypass is it a single right hand turn lane on Rock Raymond currently. Mr. Hammond noted that it is one lane turning onto Rock Raymond Road and the middle gore area will be converted into a left hand turn lane into the driveway.
 
Commissioner Kramer asked Mr. Colagreco if the density is in line with the Comprehensive Plan. Mr. Colagreco replied that it is in line with the Comprehensive Plan.      
 
Robert Cerrato 106 Ayerwood Drive commented on no Lloyd Avenue improvements and more traffic to the area. Mr. Hammond noted that with the improvements to 322 and the improvements to Rock Raymond Road, they are able to take time away from that approach at that traffic signal and reallocate it along 322 which will help promote the flow of traffic on 322, which in turn helps promote the flow of traffic on Lloyd Avenue.
 
Mark Evans of 106 Ayerwood Drive commented on Lloyd Avenue traffic.
 
Commissioner Tindaro asked the status of the Lloyd Avenue traffic light. Ms. Denne noted that the Township is waiting for notification on the outcome of the grant. Mr. Kulakowsky noted that the anticipated grant announcement date is December.
 
Federico Del Moral of 141 Stonebridge Lane asked about the two plans on the easels. Mr. Colagreco noted that they were brought to the meeting to give an idea on the original plan. Mr. Del Moral also stated the Southeast Pipeline is located under the property.
 
An audience participant asked if they will be talking with the Downingtown Borough regarding the current flooding and potential flooding. Mr. Colagreco noted that the filings are public and they are fine with Downingtown commenting on the project.
 
Mark DeYoung of 20 Beaver Run Road commented on the level of trust and commented on the Delaware suit against Mr. Miller. Mr. Colagreco noted that they are allegations and things are being worked out.
 
Mark Evans of 106 Ayerwood Drive commented putting specific wording in the ordinance showing that they really want to develop in Caln Township. Mr. Colagreco noted that the Township has to be extremely careful about what it legislatively puts in an ordinance. The PA Law is pretty clear that there are specific impact fees that a municipality can collect in conjunction with a development. One is a traffic impact fee and the other is a recreational fee. Ms. Camp and Mr. Kulakowsky noted that there is a Recreational Fee based on the number of dwelling units and it is part of the Land Development process. Mr. Evans also commented on his concerns with the demolition of the Farm House. Mr. Colagreco noted that they removed asbestos in contemplation of demolition. He also noted that some items were preserved for a local Historical Society.
 
John Beierle of 2001 Blacksmith Circle commented that there was no concern for the farm house until now. He also had concern on the HOA rules and regulations being done by a boilerplate and concern with the wording of the age requirement.
 
John Larney of 400 Devon Court asked about final approval. Mr. Colagreco noted approximate ground breaking in fall of 2020.
 
A resident noted that the $450,000 price point is aggressive. Mr. Colagreco noted that they could lower the price, delay the build or build slower, depending on the market.
 
Mark Cain of 114 Ayerwood Drive is concerned with resident parking and overflow parking into Lloyd Park. Mr. Colagreco noted that each dwelling will have 2 off street parking spaces and 1 in the garage, for those who have a garage.  
 
Public Comments
Mark Evans of 106 Ayerwood Drive would like the ordinance to state that there are no offices, and 40% to 50% left open, put in the ordinance.  Ms. Camp noted that you would have to change the R-2 zoning. 
 
Cheryl Spaulding of 406 Lloyd Avenue asked that the decision be left for the new Board to make. She also thanked those in attendance and Caln Watch.
 
Ms. Quillman of 346 East Briddle Street, West Chester noted that she is a former Philadelphia Inquirer Reporter and there was paper work filled out to register the Farm House as historic however, it did not go further than that. She also presented a brief history of the farm house.
 
 
Robert Cerrato of 106 Ayerwood Drive stated that he is not in favor of any development on the property. He also commented on the water issue.
 
Additional Business
Commissioner Breton asked for any additional business. There was none.
 
Commissioner Breton asked if the Board is taking this under advisement. Board consensus was to take this under advisement.  
 
Adjournment – Commissioner Breton entertained a motion to adjourn the November 12, 2019 Wild Meadows Legislative hearing, at 8:31 PM. Moved by Commissioner Young and seconded by Commissioner Chambers. Vote passed 5-0.
 
Respectfully Submitted,
 
 
 
 
Denise Miller,
Assistant Township Secretary
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