1)

Approval of Minutes.

A motion was made by Mr. Conner, seconded by Mr. Kluger, to approve the minutes of the January 8, 2008 meeting of the Planning Commission. The motion passed 5-0.

Ordinance No. 9-14-1.

Mr. Conner remarked that he was initially in favor of recommending the Ordinance for approval to the Board of Supervisors, but following the work session discussion it became clear that there was some ambiguity as to the definition of what constitutes an "overriding public interest".

A motion was made by Mr. Felici, seconded by Mr. Conner, to remain neutral with the recommendation to add language that would provide a clearer definition, and obligate the applicant to demonstrate true taxpayer benefit prior to receiving the credit for the Traffic Impact Fee. The motion passed 5-0.

3)

Review current Zoning Hearing Board applications.

a. #1768-08. Application filed by Paul E. Zimmerman Revocable Trust of 1997 as owner of the property located at 1220 Wentz Road, Blue Bell, PA, 19422 for the following relief at the subject property:

1. A special exception from the terms of Article XXVI, Section 160-206 and Section 160-207 to permit a landscaping contractor's yard for storing landscaping materials and vehicles, and for storage of a general contractor's vehicle as a change of nonconforming use of the same class of use as the existing use on the subject property.

2. A variance from the terms of Article XII, Section 160-70 to permit the resident/nonconforming farm property to include a landscaping contractor's yard for storing landscaping materials and vehicles, and for storage of a general contractor's vehicle on the subject property.

3. An appeal from the Zoning Enforcement Notice mailed December 20, 2007, citing violation of Article XII, Section 160-70 (Permitted Uses).

The zoning classification of the subject property is "R-7" Residential District.

Audience comments:

James Kozeniewski, 1125 Silver Lake Lane, expressed his concern over his declining quality of life due to the noise, dirt, and debris on the neighboring property.

Planning Commission comments:

Mr. Rieker explained the importance of attending the Zoning Hearing Board meeting to voice any concerns, because a long term resident could attest to the change in use at the property, and demonstrate how a variance could have adverse effects. Additionally, he clarified that non-conforming uses are protected only to the extent that they had previously existed. They are not entitled to expand or change their operation.

Mr. Pronczak also explained to Mr. Kozeniewski that once the Zoning Hearing Board application is filed to question the Zoning Officer's determination to issue a citation, the applicant has the right to continue with the non-conforming use until the Zoning Hearing Board renders its decision.

Mr. Conner noted the absence of the applicant, and he stated that when the applicant is not present, especially in the instance of a controversial case, it puts the Planning Commission at a loss to make a recommendation because they have not had the opportunity to hear all the pertinent information.

A motion was made by Mr. Conner, seconded by Mr. Kluger, to remain neutral on the application primarily due to not having heard the testimony of the applicant. However, if the special exception/variance/appeal that is being requested by the applicant should be granted, the Planning Commission recommends that the Zoning Hearing Board should adopt a set of specific standards as detailed in the Planning Consultant's Report dated March 10, 2008. The motion passed 5-0.

b. #1770-08. Application filed by John R. & Maria C. Carpenter as owners of the property located at 1390 Spruce Street, Blue Bell, PA, 19422 for variances from the terms of Article VII, Section 160-15 and Article XXV, Section 160-193 to replace the existing 14' x 16' open sided porch with an enclosed 14' x 16' sun room addition reducing the minimum required aggregate side yard from 100' to 97' at the subject property. The zoning classification of the subject property is "R-1" Residence District.

A motion was made by Mr. Conner, seconded by Mr. Kluger, that the Planning Commission remain neutral on the subject application. The motion passed 5-0.

c. #1772-08. Application filed by Richard W. & Kathleen A. Allgood as owners of 41 Jefron Drive, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and XXV, Section 160-193 to allow the enclosure of the existing 12' x 25' carport to form a garage and shed within the side yard, reducing the minimum required side yard from 25' to 17' at the non-confirming subject property. The zoning classification of the subject property is "R-2" Residence District.

A motion was made by Mr. Conner, seconded by Mr. Corti, that the Planning Commission remain neutral on the subject application. The motion passed 5-0.

d. #1773-08. Application filed by Deer Lake Development, Inc. as owner of 1980 Morris Road for the following relief at the subject property:

1. Variance from the terms of Article XXIII, Section 160-180.C and Section 160-182.2.A to allow the following:

a. Applicant to display a maximum total of five (5) flags at the Deer lake Development. The flags will measure 3' x 12' or, thirty-six (36) square feet and will be posted in the ground with a fifteen foot (15') PVC pole. Three (3) of the flags contain the following messages: "Welcome," "Model" or "Open". The flags are red, white and blue with letters and will be placed on the front lawn of the model home. On the weekends, Saturday and Sunday only, there will be two (2) flags consisting of gold and black with no lettering posted on the exterior of the Deer Lake development on either side of the entrance. The flags will remain in place until the last home in the development is sold.

2. Variances from the terms of Article XXIII, Sections 160- 182.2.F.(1) and Section 160-182.2.F.(3) to allow the following:

a. Placement of four (4) off premises, temporary directional signs to be posted at (1) DeKalb Pike and Morris Road; (2) North Wales Road and Morris Road; (3) North Wales Road and Skippack Pike; and (4) DeKalb Pike and Skippack Pike. The temporary directional signs will be posted fifty- two (52) times during a 12 month period. Each posting event will be comprised of three (3) consecutive weekend days (i.e. the signs will only be posted on Friday, Saturday and Sunday of every week for one (1) year). The signs will be freestanding and non-illuminated and measure 18 x 24 inches. The signs will be constructed on lightweight laminated cardboard and will be mounted on free-standing poles. The signs will not exceed a height of two (2) feet.

The zoning classification of the subject property is "R-3A" Low-Intensity Multifamily District.

Present for the applicant: Mr. Justin Philomeno,
                              Philomeno & Salamone Builders 
                              Carl Weiner, Esq.

Mr. Weiner gave a brief presentation detailing the (33) unit townhome development of Deer Lake, located at the intersection of North Wales Road & Morris Road. As only (8) of the units have been sold at this time, the applicant is seeking the requested relief to assist in the marketing process.

Due to the temporary nature of the types of signs being requested, Mr. Rieker was hesitant to see the Planning Commission recommend approval through the end of calendar year 2009.

A motion was made by Mr. Conner, seconded by Mr. Corti, to approve the application subject to a time limit for displaying the signage and the flags to 52 weeks. Additionally, a correction to the size of the directional signs to 12" x 24". The motion passed 5-0.

e. #1774-08. Application filed by Amberley at Blue Bell, LP as owners of the property located at 1971 Morris Road, Bell, PA, 19422 for the following relief:

1. A variance from the terms of Article XXIII, Section 160-182.2.A. to allow a maximum of five (5) flags within the subject property. The flags are twenty-four (24) square feet and will contain the following messages: One (1) Flag will read "Now Leasing", One (1) flag will read "Welcome", and three (3) flags will contain no words. All the flags are red, white and blue with black lettering. Each flag will be posted in the ground with a twelve (12') foot PVC pole. The flags will be at the following locations: (1) Morris Road and Amberley Drive (entrance of complex); (2) Intersection of Township Line Road and Amberley Drive (entrance of complex); (3) within the Apartment Complex in front of the Sample Unit and (4) Two locations along Amberley Drive within the complex. Should the location of Sample Unit change, Applicant will move the pole and flag to the new location. The flags will remain in place until no later than December 31, 2009.

The zoning classification of the subject property is "R-3" Multi-Family District.

Present for the applicant: David Dratch, Esq.

Mr. Dratch explained that the applicant is requesting an extension of permission to have (5) on-premises signs that serve the purpose of directing potential renters to the location of the sample unit.

A motion was made by Mr. Corti, seconded by Mr. Kluger, to approve the application with the signs remaining in place until the amended date of December 31, 2008. The motion passed 5-0.

f. #1775-08. Application filed by Phillip & Janet Salemno as owners of the property located at 47 Betsy Lane, Ambler, PA, 19002 for a variance from the terms of Article XXII, Section 160-165.A to allow a second story addition in the floodplain conservation district at the subject property.

The first floor addition was previously approved for a floodplain variance by Zoning Hearing Board Decision #921-93. The zoning classifications of the subject property are "R-2" Residence District and "FP" Floodplain Conversation District.

Mr. Pronczak stated that the applicant's request is to add a second floor to an addition that was previously approved by the Zoning Hearing Board, and that there is no request for an expansion to the footprint of the property.

Mr. Conner remarked that this application is a request for additional construction in a floodplain area that will have little or no impact on the impervious coverage.

A motion was made by Mr. Conner, seconded by Mr. Corti, that the Planning Commission remain neutral on the subject application. The motion passed 5-0.

g. #1776-08. Application filed by David P. & Michele R. Perkins as owners of the property located at 40 Meade Road, Ambler, PA, 19002 for variances from the terms of Article VII, Section 160-31 and Article XXV, Section 160-193 to allow a 2,123 sq. ft., two-story addition to the side of the house reducing the minimum required side yard from 25' to 12' and reducing the minimum required aggregate side yards from 60' to 26' at the subject property. The zoning classification of the subject property is "R-2" Residence District.

Mr. Shorin noted that the application proposes a fairly significant addition, but pointed out that the request is similar to other what other properties in the neighboring area have been granted by the Zoning Hearing Board.

A motion was made by Mr. Conner, seconded by Mr. Corti, that the Planning Commission remain neutral on the subject application. The motion passed 5-0.

h. #1777-08. Application filed by Peter S. and Stephanos P. Kyriakodis and Sophia O'Donnell as owners of the property located at 854 Second Avenue, Blue Bell, PA, 19422 for the following relief at the subject property:

1. A special exception under the terms of Article XXII, Article 160- 166.F to allow parking facilities in the Floodplain.

2. A variance from the terms of Article XXIV, Article 160-183.A.(1) to allow for current parking to suffice for the three (3) required parking spaces for a home occupation and for the four (4) required parking spaces for the owner and tenants.

3. Variances from the terms of Article XVII, Article 160-112, Article XXV, Section 160-202.A & Section 160-202.B to allow two (2) family members and one (1) non-family member who are residing in the home to practice the home occupation and to allow attached in-law suite to be rented to tenants for residential use.

The zoning classification of the subject property is "C" Commercial District.

A motion was made by Mr. Conner, seconded by Mr. Corti, that the Planning Commission remain neutral on the subject application. The motion passed 5-0.

i. 1778-08. Application filed by CCS Associates, L.P. as owner and First Priority Bank as tenant of the property located at 1061 DeKalb Pike, Blue Bell, PA, 19422 for a variance from the terms of Article XXIV, Section 160-183.B.(2).(r) to reduce the required number of parking spaces from 16 to 7 for a bank use at the subject property. The zoning classification of the subject property is "C" Commercial District.

Present for the applicant: George Broseman, Esq.
                                Stephen Frost, property owner
                                Mary Ann Messmer, President,
                                First Priority Bank 
                                John Wichner, P.E. 
                                Traffic Planning & Design

Mr. Broseman provided an overview of the proposal to reduce the number of required parking spaces at the location. He stated that both offices and banks are permitted uses in the "C" Commercial District. Due to the irregular shape of the property, as well as the presence of a watercourse, there are only 28 parking spaces available. Mr. Broseman also noted that in 2006, the Zoning Code was amended to require one parking space for every 150 sq. ft, plus one parking space for every full time employee for a bank use. This is a more stringent requirement than office use.

Mary Ann Messmer advised that First Priority Bank is not a typical retail bank, but more of a loan production office. The loan officers frequently go to clients' homes, and there is not an abundance of "walk-in" business.

Ms. Messmer stated the bank will employ only four people, and there will not be a drive-up window or ATM machine.

Mr. Wichner provided the results of a walk-in traffic study, which indicated a total of 2.3 visits per hour.

A motion was made by Mr. Corti, seconded by Mr. Shorin, to recommend the Zoning Hearing Board approve the subject application. The motion passed 5-0.

4)

Review pertinent planning issues

a. The next item up for the Planning Commission's review was the Riparian Corridor Impact Analysis. Mr. Van Rieker distributed a document entitled "Riparian and Wetland Buffers" to the members of the Planning Commission.

Mr. James Blanch provided highlights of the study that was conducted by the Township that demonstrated what the impact would be if the Township were to adopt an Ordinance governing riparian corridors. He provided results that were classified by severity of impact, with the most significant impact being located along Forest Creek Drive, where there had been floodplain issues in the past. Mr. Blanch reminded the Planning Commission that this was just a limited study.

Mr. Pronczak stated that many of the properties that this type of Ordinance, if adopted, would affect have already been developed. It would mainly address new construction.

Mr. Conner remarked that it is helpful to have an idea of the impact this type of Ordinance would have, especially for those property owners that would request additions & decks on their property.

Mr. Rieker added that in other Townships where flooding is common, the State of Pennsylvania has mandated the adoption of these types of regulations in order for the local government agencies to continue to receive funding.

Mr. Pronczak noted that regrading in a floodplain area is protected by the existing Floodplain Ordinace, but removal of vegetation is not. This has the potential for significant impact on water quality.

Mr. Rieker advised that most Riparian Corridor Ordinances create and establish what is to be protected, as well as prohibit certain activities such as grading and the removal of vegetation.

Discussion followed as to what other Townships are doing regarding this issue. Also, it was suggested by Mr. Rieker that this be a recurring agenda item open for discussion until a workable solution is reached.

b. There was discssion regarding text amendments to the Sign Ordinance, and Mr. Rieker referred to a recent example within the Township that raised the issue of adding regulations which address the background color of signs.

c. Mr. Conner provided an update from the Trails Subcommittee. He stated the Preliminary Plan that was presented to the Board of Supervisors was favorably received, and it was expected to have a Final Plan ready for submission within the next few weeks.

d. Mr. Conner also advised the Planning Commission of the current status of the Bo-Rit site, stating that the EPA is due to begin limited removal action, and the Superfund designation of the site will hopefully be completed by summer, 2008, which will place the site on a priority list for remediation.