MINUTES

PLANNING COMMISSION:                                             LOWER ALLEN TOWNSHIP

REGULAR MEETING:                                                      JANUARY 21, 2020

 

The following were in ATTENDANCE:

 

PLANNING COMMISSION:	TOWNSHIP PERSONNEL:
Brett McCreary, Chairman Jay Blackwell Brian Wickenheiser David Clovsky Jeff Logan Samuel Bashore	John Eby, Building and Zoning Coordinator Tina Thomas, Recording Secretary Thomas Kutz, Commissioner

Mr. John Eby called the January 21, 2020 Regular Meeting of the Planning Commission to order at 7:00 pm. He announced that Proof of Publication was available. He stated that this being the first meeting of 2020, the first order of business would be the election of a chairman of the Planning Commission Board.

 

REORGANIZATION OF THE PLANNING COMMISSION

A.  Election of a Chairperson: WICKENHEISER made a nomination to appoint Brett McCreary as Chairman of the Planning Commission. Mr. CLOVSKY seconded the motion and the motion carried 6-0. Mr. McCreary took over for the remaining nominations.

B.  Election of the Vice-Chairperson: BASHORE nominated Brian Wickenheiser as Vice-Chairperson. Mr. BLACKWELL seconded the motion and the motion carried 6-0.

C.  Election of Secretary: WICKENHEISER nominated Sam Bashore as Secretary. Mr. CLOVSKY seconded the motion and the motion carried 6-0.

 

APPROVAL OF MINUTES

Mr. BASHORE moved to approve the minutes from the November 19, 2019 regular meeting. Mr. LOGAN seconded the motion. Motion carried 6-0.

OLD BUSINESS   

None.
NEW BUSINESS

SLD Docket No. 2019-11:  Land Development Plan for 1508 Cedar Cliff Drive

Proposed construction of a 4,913 square foot one-story convenience store with drive through and six fueling islands.

 

Applicant Presentation

Mr. Charlie Courtney introduced himself, stating that he is with McNees, Wallace, and Nurick, LLC, and representing Sheetz. He also announced Bob Franks and Dave Smith as being present in the audience from Sheetz, Kevin Garman with BL Companies the project engineer, and Eric Mountz with Traffic, Planning and Design, Inc.

Mr. Courtney spoke about the land development process actually beginning in July of 2019. He mentioned that some variances and a special exception were requested with the project, and a Zoning Application was submitted at the same time as the land development plan. He said residents of the proposed area expressed concerns with safety and traffic and Sheetz held an open house at the high school to meet with the public. A list of conditions was created that Sheetz agreed to and was presented to the Zoning Hearing Board. This included a smaller store size, lower profile canopy, restrictions on exterior lighting and speakers, and timing of fuel deliveries. The Zoning Hearing Board approved the requested variances. 

Mr. Kevin Garman provided an overview of the project details using the overhead. He spoke about the proposed business being on two parcels of land totaling 2.6 acres, with a small piece in New Cumberland and the larger section in Lower Allen Township. He said that the building will have two accesses from Cedar Cliff Drive and contain 40 parking spaces. Each fuel pump can accommodate three vehicles deep. The drive- through will be located on the right side of the building. Mr. Garman said that fuel trucks will be using the second entrance and circling behind the building to get to the fuel tanks.

Regarding stormwater management, Mr. Garman said that there will be two bioretention basins as well as street sweeping for water quality and water quality filters in the inlets. He stated that NPES requirements have been approved verbally and they will be forwarding the official letter to the Township when it arrives. Public utilities from Cedar Cliff Drive will be utilized. Landscaping will consist of screening on the sides of the property and a meadow behind it.

Traffic Engineer Eric Mountz spoke about the traffic study that was done last May and provided to the Township. He said there were concerns expressed with pedestrian mobility and crosswalks used by students in the area. An additional traffic study was performed with a focus on pedestrian traffic. It was done for three days, October 22 – 24, 2019. The highest number of pedestrians was used for the study. Data from all four days was included. The following improvements are now being considered:

• Two access points to Cedar Cliff Drive, a full movement driveway on the southern end and a right in/right out driveway on the northern end of the site. It will be signed to prevent left turns into the parking lot.
• Restripe Cedar Cliff Drive to extend the left turn lane which is already in existence, to also accommodate left turns into the full movement driveway.
• Relocation of the crosswalk used by the walking train to past the southern entrance. Improvements will be made with a continental crosswalk which is more visible and more signs directing residents to cross in this area.
• Addition of 25 mph signs; speed limit on Cedar Cliff Drive is currently 25 mph but there are no signs.
• Addition of a left turn arrow for vehicles turning left from Cedar Cliff Drive onto Carlisle Road. The intersection will be updated with continental style crosswalks added in all four directions and upgraded pedestrian signals. There will also be emergency response preemption equipment added to the intersection.
• Updated crosswalks and signals will be installed at the intersection of the I83 ramp and on the far side in New Cumberland Borough.
• Timing of the coordinated traffic lights will be re-evaluated based on the traffic study. A follow-up study will be completed after the store is open with actual traffic volumes and the signals adjusted accordingly.

 

Mr. McCreary asked Mr. Courtney to explain what requests were approved by the Zoning Hearing Board. Mr. Courtney said that a special exception to reduce the number of required parking spots was approved. Based on Sheetz having a restaurant and store, 80 parking spaces would be required. A parking analysis demonstrated that 40 spaces would be adequate. A variance was requested and granted from the 4,000 sq. ft. use limitation for a neighborhood commercial district and making the canopy area and gas pumps possible. Another variance was requested and granted to allow for 6 gas pumps with 12 fueling positions. This will help prevent stacking of vehicles at the pumps.

 

Township Comments

Mr. Eby spoke about filling in for Mr. Flint and said that Mr. Flint could answer questions upon his return. He said safety concerns should be submitted along with the analysis used to determine them for consideration. Mr. Flint also said that discussions have been ongoing between the West Shore School District and Lower Allen Public Safety regarding the Allendale Walking Train since before the Sheetz Land Development Plan came along. Concerns regarding the walking train should be directed to the school district. Mr. Eby stated that there were ten conditions stipulated in the agreement made with the Zoning Hearing Board. Some things cannot be verified until the store is open. Mr. Eby also said that he is an appointed member of the Development Authority which supported Sheetz at the Zoning Board meeting. Therefore Mr. Eby recused himself from the zoning review for Sheetz and Mr. Flint completed it. Mr. Eby went over the requested waivers and modification as follows:

 

Waivers and Modifications: 

1. Waiver from the requirement to submit a preliminary plan. (The requirements of the preliminary and final plans are submitted together.)
2. Waiver from the requirement that prohibits driveways from crossing the street right-of-way line within five feet of a drainage inlet. (The driveway will be located in the optimal place for safety and function; the inlet was pre-existing and is less important.)
3. Waiver from the requirement that planting islands and beds be designed to collect stormwater runoff from adjacent paved parking areas. (The islands are at the higher points and the pavement drains to the bioretention basins so this requirement cannot be met.)

 

Mr. Eby said that plan approval by New Cumberland Borough will be required. Mr. Courtney stated that he has met with the Borough and he does not anticipate this to be of any issue. As for Land Development comments, there is a request for the applicant to show the extent of the retaining wall reinforcement and related earth disturbance. A Developers Agreement and Improvement Security will be required. Approval from the Lower Allen Township Authority is also required due to potential change in sewer capacity. Under Stormwater Management, the Erosion and Sediment Pollution Control Plan must be approved by the Cumberland County Conservation District. A long term maintenance agreement of the stormwater features will also be required. Under Transportation, all proposed traffic signal improvements must be approved by PennDOT through the Traffic Signal Permit modification process. Mr. Eby mentioned that Christopher Bauer from McMahon Transportation Engineers and Planners is present in the audience and has reviewed the revised Traffic Impact Study on behalf of the Township.

 

County Comments

The Cumberland County Planning Department did not have any additional comments as they do not comment on revised plans. Their prior comments have been addressed.

 

Commission Member Questions and Comments

Mr. Logan asked about the placement of additional speed limit signs and if there had been any consideration of making the crosswalk a raised crosswalk to help slow down traffic. Mr. Mountz responded that the road conditions do not meet the requirements for a raised crosswalk. There is also additional maintenance required when raised crosswalks are in place and this could cause issues with turning in and out of the business. Mr. Eby also mentioned that the Allendale Walking Train may not be using that location to cross in the future.

Mr. Wickenheiser asked about DEP requirements for the removal of old fuel tanks. He was told that tanks and equipment were removed and no contamination was found. He also asked if bike paths along Cedar Cliff Drive would be maintained. Mr. Mountz stated that the road is 40 feet wide and will stay the same width. The left turn lane is already in existence but will be extended. Mr. Wickenheiser asked if music being played outside the store is necessary. Mr. Franks said that the exterior speakers are located under the canopy and are turned off from 10pm to 7am, as agreed upon in the conditions. The speakers are controlled from inside the store. He also said that if the process goes as planned, construction will begin in April and hopefully be completed by September. The work will be bid out to local contractors.

Mr. Clovsky asked if the Sheetz is open 24 hours and if trucks will be parked there and running at night. The site is not designed for fueling tractor trailers or parking. Deliveries are done during daylight hours. Mr. Clovsky was also told that there should not be bleeding of light from the canopies as the lighting is recessed or flush mounted in the canopy. He asked if two handicap spots are going to be adequate for the customers who wish to use them. Mr. Courtney said they can accommodate more spots if necessary. The drive-through is also available allowing customers to stay in their vehicles. Signs advertising Sheetz will not be located along I-83.

Mr. Bashore asked for more details on the traffic signal reconfiguration. Mr. Mountz said that both traffic signals will be coordinated with each other and can be programmed for different times of the day. He asked if bicycle traffic was considered in the study. He was told yes and that the Pedestrian/Bike Committee took Cedar Cliff Road into consideration. Shared lanes for bicycles and vehicles will be maintained in the area.

Mr. Courtney stated that the comments provided do not change anything in the proposed design for Sheetz. They have already been met.

Mr. Eby stated that the area is not prone to flooding and stormwater issues have been adequately addressed.

 

Public Comment

Jennifer Kocher, 156 Blacksmith Road, wished to address the Planning Commission with her concerns regarding traffic. She provided a handout to the board regarding pedestrian safety concerns. She stated that she appreciates Sheetz reaching out to the neighbors and her issues are not with Sheetz but with Township staff not addressing concerns with the Land Development Plans. She spoke about concerns with the accuracy of the traffic studies and safety of the proposed crosswalks. Residents would like to have the crosswalks augmented with flashing beacons with push button activation like the one on Carlisle Road. Also, they are requested that the 25 mph speed limit be painted on the road for motorists to see coming off of I-83. There are safety concerns for students who will walk there to get lunch as well as the cross country team who runs through that area. Mrs. Kocher stated that the Township is responsible for making sure that the Sheetz store does not jeopardize student safety.

Melissa McNeal, 401 Blacklatch Lane, expressed her concerns with the safety of the Allendale Walking Train. She spoke about how the crossing guard leading the walking train crosses the students by blocking open driveways and roads. With the proposed changes, the group of students will have to squeeze onto an island where there is a storm drain until they can cross again. Speed of traffic is a concern. She mentioned that the school district is considering changing the walking route to go through the parking lot of Cedar Cliff High School. Since there is no bus service to Allendale, all students must walk or be driven by their parents. Kids also walk to school from New Cumberland. Mr. Bauer spoke about the traffic study he reviewed for the Township. He stated that it met all ordinance requirements and is in accordance with PennDOT standards. He said two different scenarios were considered:  traffic generated by the use during the peak hour and the peak hour generator when the generator is creating the most traffic.

The residents who spoke also said that the school district has not responded to their questions.

In response to the Planning Commission Board’s request for flashing beacons, Mr. Mountz spoke about the criteria used by PennDOT to determine the type of crossings needed. He said it is based on the number of vehicles traveling the road and the posted speed. Carlisle Road meets the criteria for the flashing beacons but Cedar Cliff Drive does not. He stated that the flashing beacons are considered a traffic signal and the Township would need a permit from PennDOT as well as be responsible for the costs and maintenance. Mr. Courtney said that Sheetz does not object to the beacons at the crosswalks but it would be the Township’s responsibility. He mentioned that if the Township desired to have sidewalks added to the southern part of the site, Sheetz had agreed to provide $10,000 toward the cost. If the sidewalks are not added, he offered to still provide the $10,000 to the Township to be used toward general pedestrian improvement.

Michelle Tarquino, 304 Fieldstone Road, had several questions for Sheetz and the Township. She spoke about the follow-up traffic study Sheetz has offered to provide after traffic normalizes following the opening of the Sheetz. Ms. Tarquino asked if Sheetz is willing to pay for any necessary changes that arise from the study. Mr. Courtney said that Sheetz does not anticipate any major changes arising, but they will come back and pay for optimizing the traffic lights. This will be included in the Development Plan and Financial Security. Ms. Tarquino also mentioned that in the Bicycle/Pedestrian study, the Township expressed that this area was unsafe for pedestrians. She wanted to know how Lower Allen Township is planning to educate students on the use of crosswalks. Mr. Eby said that he does not know if the school district and Township have discussed this but the Public Safety Department could do this. Ms. Tarquino spoke about the Zoning Hearing Board requesting ten additional parking spaces in the concept plan which was not completed. Mr. Courtney replied that the Zoning Hearing Board granted an exception for the parking spaces to remain at 40 based on Sheetz parking data and traffic studies. Ms. Tarquino asked if the configuration of the gas pumps would accommodate a vehicle towing a trailer, such as a landscaping business, and where they could park. Mr. Courtney said that there is plenty of room and turning radius at the pumps, as well as space available for parking behind the store. It is not considered part of the 40 parking spaces, but there is an area that accommodates parking. Ms. Tarquino also mentioned a lack of feedback from law enforcement and emergency services on the Sheetz plans. Mr. Eby spoke about the process followed with land development plans where Community Development shares the plans with Public Safety, including Police, EMS, Fire, and Emergency Planning. A new fire hydrant will be installed by Sheetz at the request of the Fire Company staff. Ms. Tarquino said that the 2020 Budget for the Township was published showing a deficit and reduction in the police force. There has been an increase in crime because of other development occurring. Mr. Eby responded that he has no knowledge of that.

Betsy Metz, 313 Allendale Way, expressed appreciation to Sheetz for the accommodations they have made to the Allendale Community. She said there is still a lot of frustration regarding the Walking Train and no resolution. She said the Township and school district are passing it off on each other. She stressed the need for a safe route for the children crossing at Allendale Way. Due to the layout of the road, a hill and curve make it difficult for drivers to see very far ahead. She also feels that cars waiting to turn into Sheetz could block the view of oncoming traffic from the other direction. She supports the proposal by Sheetz to provide extra funds for pedestrian safety such as flashing signs. She encouraged the Township to work out the pedestrian issues with the school district.

Robert Gray, 221 Fineview Road, was present at the meeting representing Christ Presbyterian Church which is located next to the proposed Sheetz. He said they have met with Mr. Franks from Sheetz regarding the buffer between them. The church has agreed unanimously to have a barrier of trees placed on their side of the retaining wall providing a screening barrier to Sheetz. Mr. Eby said that the applicant did need to look at the retaining wall and how it might affect neighboring property. This will be accomplished by the church placing screening on their property.

Ed Black, a resident of Allendale and Commissioner of Lower Allen Township, had a couple of questions for the traffic and project engineers. He asked Mr. Mountz if his firm is also involved as the traffic professionals working with West Shore School District. Mr. Mountz confirmed that they are but not on Safe Streets. He did not know if a design professional is involved. Mr. Black asked Mr. Eby to check into that. Mr. Black also asked Mr. Garman how the bioretention basins and infiltration swale are going to be constructed. Mr. Garman stated that the DEP requires two feet of soil. Based on the study that was completed, bedrock may be a problem. He said that there are provisions in the plan to excavate down to the bedrock and then backfill with amended soil. Mr. Black asked if there would be a water barrier due to the area being full of limestone. Mr. Garman said the water will go down through but fabric will be present to stop the soil from washing out.

Michelle Tarquino added another comment regarding the Pedestrian/Bicycle study deeming the area where this development will take place hazardous. She stated that this would mean the students need to be bussed and the school district would need to come up with money to bus their students and pay additional bus drivers. She stated that the Zoning Hearing Board approved variances for this development to occur. If the Planning Commission also approves them, this will impact citizens seeking a healthy lifestyle as well as students. She encouraged the Township to not make these decisions lightly.

Mr. Eby said that the safety of routes in question is determined by PennDOT and they have allowed crosswalks to exist there. He said that if it has not been declared unsafe then it is de facto safe. Mr. Mountz and Mr. Bauer agreed that it is the case. As for the Zoning Hearing Board decision, Mr. Eby stated that the uses were permitted; this enabled the Plan to come before the Planning Commission for discussion. The Zoning Hearing Board approved the Special Exception and Variances requested; they did not approve the Plan. The Developer and Township staff were requested to assimilate the citizen input into a list of additional Ped/Bike safety improvements, then identify both circumstances under which it would be logical to proceed with them and circumstances under which installation or construction would be problematic/warranted/ ineffective.  The resulting work product will be presented to the BOC.  Any supplemental Ped/Bike improvements that the BOC wants to pursue and the developer is willing to provide will be incorporated into the developer’s agreement and improvement security.  Mr. Courtney expressed concern that Sheetz would invest money in something that is later changed by the school district. He would like to see coordination to avoid wasting money on something not needed. Mr. Eby agreed that the commitments should be variable and based on potential outcomes.

In summary, Mr. Courtney said that Sheetz is agreeable to adding another speed limit sign, a raised crosswalk if that is decided, a flashing signal, or additional continental crosswalks as this is not up to Sheetz to decide. He suggested that since these improvements may not be decided when the plan goes before the Commissioners, the Development Agreement will include flexibility based on whichever scenarios occur between the school board and the Township.

Mr. McCreary spoke about the willingness of Sheetz to work with the Township and understanding of the concerns mentioned. He spoke about three commissioners being in the audience and hearing the concerns as well. Mr. McCreary also said that the Planning Commission is a recommendation body. He will reach out to the school board.

 

Action

Mr. WICKENHEISER moved to grant the waiver from the requirement to submit a Preliminary Plan and Mr. BASHORE seconded it. Motion carried 6-0.

Mr. WICKENHEISER moved to grant the waiver from the requirement that prohibits driveways from crossing the street right-of-way line within five feet of a drainage inlet. Mr. BLACKWELL seconded the motion and the motion carried 6-0.

Mr. WICKENHEISER moved to grant the waiver from the requirement that planting beds and islands be designed to collect stormwater runoff from adjacent paved areas. Mr. BLACKWELL seconded the motion and the motion carried 6-0.

Mr. McCreary added that this is a recommendation for the Plan to go before the Board of Commissioners at which point the remaining questions will hopefully be answered.

Mr. WICKENHEISER moved to approve the Plans as submitted subject to Township comments but also with the condition of adequate provisions that Sheetz is willing to work with the Township and contribute to whatever is decided regarding issues that the Township residents have raised. He stated that the Township and school district need to get together and work out a solution to the crosswalk issue. Mr. LOGAN seconded the motion and the motion carried 6-0.

 

OTHER BUSINESS

None.

 

ADJOURNMENT

 

Mr. BASHORE moved to adjourn the regular meeting of the Planning Commission at 9:08 pm.