MINUTES

PLANNING COMMISSION:                                             LOWER ALLEN TOWNSHIP

 REGULAR MEETING:                                                      JANUARY 19, 2021

The following were in ATTENDANCE:

PLANNING COMMISSION:	TOWNSHIP PERSONNEL:
Brian Wickenheiser (arrived after election) Samuel Bashore David Clovsky Michael Washburn Jeff Logan	Daniel Flint, P.E., Township Engineer Brad McCullough, P.E., Township Engineer John Eby, Building and Zoning Coordinator Steve Hoffman, Cumberland County Planning Dept Tina Thomas, Recording Secretary

Mr. Dan Flint called the Zoom meeting of the Planning Commission to order at 7:00 pm. He announced that Proof of Publication was available. He called for nominations for the various positions on the Planning Commission.

 

REORGANIZATION OF THE PLANNING COMMISSION

Election of Chairperson:  Mr. WASHBURN moved to appoint Brett McCreary as Chairman of the Planning Commission. Mr. CLOVSKY seconded the motion and the motion carried 4-0. 

Election of Vice-Chairperson:  Mr. WASHBURN moved to appoint Brian Wickenheiser as Vice- Chairman of the Planning Commission. Mr. CLOVSKY seconded the motion and the motion carried 4-0.

Election of Secretary:  Mr. WASHBURN moved to appoint Sam Bashore as Secretary of the Planning Commission. Mr. CLOVSKY seconded the motion and the motion carried 4-0.

Mr. Bashore then chaired the remainder of the meeting.

 

APPROVAL OF MINUTES

Mr. LOGAN moved to approve the minutes from the November 17, 2020 regular meeting. Mr. CLOVSKY seconded the motion. Motion carried 5-0.

 

OLD BUSINESS

There was none.

NEW BUSINESS

SLD Docket No. 2021-01:  Land Development Plan for 2450 Gettysburg Road

Proposed construction of a 45,000 square foot warehouse building.

Mr. Flint provided an orientation to the property on the map. He noted that this property is part of 2500 Gettysburg Road, and that this is a repeat of an earlier development plan for this parcel with a 40,000 square foot warehouse.

Applicant Presentation

Mr. Justin Kuhn spoke about this plan being reviewed last year and said that most everything stayed the same except for an additional 5,000 square feet. He said that the original buyer passed on it and another person picked it up. He said that most of the comments have been addressed previously. He said they are seeking two waivers of a preliminary plan and for sidewalk along Gettysburg Road. Mr. Kuhn noted that this is due to a steep embankment.

Township Comments

Mr. Flint said that since a similar plan had already been reviewed, most of the comments have been satisfied. He said that the frontage along the site is not physically conducive to installing sidewalk, however, there is a sidewalk on the other side of the street.

 

County Comments

Mr. Steve Hoffman said that he had no further comments.

Commission Member Questions and Comments

Mr. Clovsky asked if access by trucks into the community is still going to be prohibited and Mr. Flint said there will be a stone “emergency only” access that will be chained off to prevent traffic from using it.

 

Public Comment

None.

 

Action

Mr. WASHBURN moved to grant the waiver from the requirement contained in Section 192-24.C to submit a preliminary plan. Mr. CLOVSKY seconded it. Motion carried 5-0.

Mr. WASHBURN moved to grant the waiver from the requirement contained in Section 192-57.C(9) to provide sidewalks along all street frontage. Mr. CLOVSKY seconded the motion and the motion carried 5-0.

Mr. WASHBURN moved to approve SLD Docket No. 2021-01 for construction of a 45,000 square foot warehouse building at 2450 Gettysburg Road. Mr. LOGAN seconded the motion and the motion carried 5-0.

 

SLD Docket No. 2021-02:  Land Development Plan for 3424 Simpson Ferry Road

Proposed construction of a 6,859 square foot addition to the existing 11,538 square foot retail building.

Mr. Flint provided an orientation to the property and Gish’s Furniture on the map. He pointed out a section of undeveloped land behind the building.

 

Applicant Presentation

Mr. Tom Englerth said that this plan is for a 6,800 square foot addition onto the rear of the building, in the middle of the existing rear parking lot. He said there will also be a loading dock and a stormwater pipe leading to the pre-existing stormwater basin at the rear of the property. He noted that no new impervious coverage will be created with this plan. Mr. Englerth said that ADA compliant access will be added to the front of the building and parking will be reconfigured in the rear due to the addition. He noted that two waivers are being requested for sidewalks along Simpson Ferry Road as there are none currently, and for street trees. He said the grass area in front of the store is in a PennDOT right-of-way and has mature landscaping that provide a screen. Mr. Englerth said that they would have no problem addressing the comments that were made this week and plans to have it ready for next week’s Commissioners meeting.

 

Township Comments

Mr. Flint said that since there will be no increase in impervious coverage, that removes a lot of what would normally be looked at in the plan review. Access and parking stay the same. He said the existing basin is part of the original construction and the drainage will continue to go there. Mr. Flint said that a stormwater maintenance agreement has been requested and the remaining comments are minor. He added that the applicant does not need to request a waiver of submitting a preliminary plan as the proposed addition is less than 10,000 square feet.

 

County Comments

Mr. Hoffman commented that he was going to ask about landscaping, but this is not necessary since the applicant requested the waiver from planting street trees. He asked if the Township had future plans for sidewalks along Simpson Ferry Road and suggested that this would be a good place to start. Mr. Flint said this is not planned currently but they would have been required if it were new construction. Mr. Englerth said that the applicant would not have a problem with installing sidewalks if the Township wants them in the future. They do not feel it is currently necessary since there are no other sidewalks. Mr. Flint said it could be noted on the plan and added that part of the waiver from installing sidewalks includes the right of the Township to request them in the future.

 

Commission Member Questions and Comments

Mr. Wickenheiser said that he understands there will be no significant difference in stormwater runoff but wondered if the basin would need to be recalculated for capacity. Mr. Flint responded that since the impervious coverage is not changing, the amount of runoff also will not change. He said that additional calculations would be needed if the area disturbed would be greater than one acre and it would then require a NPDES permit.

 

Public Comment

None.

 

Action

Mr. WICKENHEISER moved to approve the waiver from the requirement contained in Section 192-57.C(9) to provide sidewalks along all street frontage until such time as required by the Township. Mr. WASHBURN seconded the motion and the motion carried 5-0.

Mr. WICKENHEISER moved to approve the waiver from the requirement contained in Section 192-58.C which requires street trees to be installed along any street frontage. Mr. WASHBURN seconded the motion and the motion carried 5-0.

Mr. WICKENHEISER moved to approve SLD Docket No. 2021-02 for construction of a 6,859 square foot addition to the existing retail building at 3424 Simpson Ferry Road. Mr. WASHBURN seconded the motion and the motion carried 5-0.

 

Zoning Ordinance Amendment 2020-03

Mr. John Eby spoke about receiving a request for an amendment to a zoning ordinance from BroadRock Group, LLC, for an alcohol and drug abuse rehabilitation facility at 4950 Wilson Lane. They would like to provide outpatient services along with inpatient services; currently outpatient services are not included in the list of R-3 (multi-family) permitted uses. The following amendment has been proposed by BroadRock:  NAICS No. 621420, Outpatient Mental Health and Substance Abuse Centers, only when operated on the same premises as a NAICS No. 623220, Residential Mental Health and Substance Abuse Facilities use. Mr. Eby noted that the request was received last year and the docket number is 2020-03; the ordinance number is 2021-01. He said this amendment request is scheduled for a public hearing next Monday at 5 pm virtually with the Board of Commissioners. Mr. Eby added that this will affect all R-3 properties.

 

ZONING REQUEST QUESTIONS

Is the BroadRock Group a for-profit company? If they are a not-for-profit company, will they be making a payment in-lieu of taxes for Township services?

Broadrock is a for-profit company.

Has a provider been chosen for the Drug/Alcohol/Mental Health Facility or will it be Mr. Weiss’s, Sunflower Wellness Retreat, from Kansas?

Lawrence Weiss background has been in the healthcare field for 17 years. He owns and operated the Sunflower Wellness Retreat in Kansas as the Executive Director until COVID. Sunflower is also an inpatient and outpatient substance abuse rehabilitation facility serving the KC area. It has been in existence since 2015. The management of this facility team will be hired and managed by Broadrock, the same company who hires and manages the Sunflower Wellness Retreat in KS. We will seek to hire qualified personnel from the surrounding areas. If necessary, these employees will be licensed by applicable state authorities.

Will the provider be?

• For-profit or not-for-profit. For profit.
• Are they licensed by the Commonwealth of PA or have they applied for licensure?

We are in the process of applying for a license from the Pennsylvania Department of Drug and Alcohol Programs (DDAP).

Whichever provider is chosen to run the program what is the rate of success (recidivism) with their program?

Recovering from addiction is not like being cured of another disease. Addiction is similar to Type-2 diabetes, which is considered a life-long disease and there is no real cure. People will have to work their whole lives to sustain their sobriety. Our clinical team measures success in recovery with a multitude of factors, including changes in substance use, restoration of family connections, progress in work and/or school and improvement in social skills. To that end, during 2019 and 2020, we saw roughly 15-20% of patients come back for a second round of residential stay versus the national of 40-50%. Outpatients also have strong clinical outcomes as they actively work on their recovery. During 2019 and 2020, we saw vastly improved medical condition and reduced readmission rate – even 180-360 days after completing therapy.

What insurances will the facility accept? (Medicaid?)

he facility will accept most major insurance companies. We do not plan to accept Medicaid.

Will any of the clients/patients be Court ordered into the program?

Generally, no.

Will they be taking clients/patients from outside of Pennsylvania?

Yes

Will the Outpatient Clinic operate on Weekends?

That will depend on patient demand and clinicians’ schedules.

 What security measures does the provider intend to utilize to protect the surrounding community? (Locked unit, security staff, etc.)

 

As we mentioned to David Holl and the public safety officers, security is paramount to us, as is the safety of our patients and our surrounding community. For the most part, these patients are our neighbors and friends. They are respected members of the community. They come to our facility voluntarily because they want to seek treatment. Nobody arrives or stays against their will. We are not a lockdown facility. However, inpatients cannot come and go as they please. They cannot leave grounds without permission from their clinician. For the most part, inpatients are not allowed to have a car at the facility. Commonly, outpatients come to our facility for 1-3 hours, 1-3 times a week. The schedule is such so they can go to work or school and work on their sobriety. Outpatient care can last from one month to many months. Generally, we will not be admitting patients (both inpatient or outpatient) who have an acute mental health issue such as schizophrenia, bipolar, psychosis. All patients are screened upon admission for homicidal and suicidal tendencies. Anyone who our clinical team deem to be at an elevated risk will be referred to a specialty hospital. Furthermore, • Facility will be staffed 24x7x365 by nurses and program technicians • Security guards in facility • Security cameras in all parts of the building/property • Facility will be alarmed. Our experience in Kansas with the local police department is incredibly positive. Since 2018, we have called 911 (police) two times in total – and both were solved amicably.

 Questions submitted by: David Clovsky LATWP Planning Commission

 

Applicant Comments

Mr. Dave Getz, representing the applicant, said that the business’s inpatient use is permitted, and they have received a zoning permit for that. He noted that his client, Mr. Lawrence Weiss, now owns the building and is getting the state licensing required to provide inpatient care. Mr. Getz said that Mr. Weiss operates a similar facility in the Kansas City area. Mr. Getz stressed the importance for clients who have received inpatient care to have a place they feel comfortable in continuing their treatment with outpatient care. He said that some people may only need the outpatient facilities, but the need is greater than ever due to Covid. Mr. Weiss spoke about typical care being 1 to 3 times per week for 1 to 3 hours for group therapy and counseling. He is looking to help professionals and people in the community.

 

Comments from Mr. Clovsky

I want to thank Mr. Getz and Mr. Weiss for responding to my questions.

• I would like to request that both my questions and their answers that were sent to us be added to the minutes of tonight’s meeting.

Additionally, I would like to explain why I have presented these questions.

First, I am not against addiction programs in my community.

I am a retired Social Worker having worked in Pennsylvania and New York for over 40 years and I am still licensed in New York State as a Clinical Social Worker.   Also, as the former Commissioner of Social Services in Chemung County NY, I have always supported quality, professional and responsibly run programs for people in need of help.

Second, My primary concern and reasoning for my questions.

I am a resident of Bethany Village that borders the property requesting a zoning change, although Bethany Village Administrators know about the request, I do not speak for Bethany Village. 

However, I care about the safety of my neighbors, especially those who are vulnerable in Skilled Nursing and Assisted Living that live directly across the street from the property.

At this time I am satisfied with the answers to my questions

Again thank you.

David Clovsky

LATWP Planning Commission

 

Township Comments

Mr. Flint said that Mr. Weiss and Mr. Getz have spoken with the Public Safety Director Holl, police, fire, and EMS regarding security issues. Mr. Weiss provided the contact information for the Sheriff’s office in Kansas for a reference.

 

County Comments

Mr, Hoffman presented the County comments. He checked with CAEDC, or Cumberland Area Economic Development Corporation, which identifies healthcare and social assistance. He noted that Lower Allen also supports CAEDC’s strategy. He feels this outpatient service is in line with the ordinances. Mr. Hoffman suggested rewriting the ordinance to support other commercial uses in the R-3 district.

 

Public Comment

None.

 

Commission Member Questions and Comments

Mr. Logan asked if changing the ordinance to allow outpatient use with inpatient use could allow facilities that are strictly outpatient mental health and substance abuse centers to come in under this in the future. Mr. Eby said that this would not be allowed. This ordinance change is allowing the outpatient service to exist with the inpatient service which was previously overlooked.

Mr. Clovsky asked if this could set a precedent for other R-3 districts and Mr. Eby responded that hospitals are already permitted in R-3 districts, but the properties are mostly already developed as residential.

Mr. Wickenheiser asked about mitigating elopement from the center. Mr. Weiss said that the clients are coming voluntarily and are not locked in. If they want to leave, counselors and therapists may encourage them to stay. If they still want to leave, family is called to pick them up. There are no cars on premises. Mr. Weiss stated that they cannot take on acute mental health diagnoses and they would be referred to another facility.

Mr. Bashore asked what the percentage of inpatient vs. outpatient numbers would be for the facility. Mr. Weiss replied that for the first year he would anticipate 5-10 patients/month inpatient and probably less in outpatient. He said he does not expect more than 50% of inpatient to become outpatient. It also depends on driving distance for the person attending. Outpatients clients can drive in and out. Mr. Clovsky mentioned that there is currently not bus service in that area. Mr. Weiss said that they work with clients to help them get to and from the facility.

Mr. Flint said that there is a public hearing scheduled and the recommendation of the Planning Commission will be entered into the record at the hearing. Mr. Eby added that he will also enter the minutes and Mr. Clovsky’s comments in the public record.

Mr. WICKENHEISER moved to adopt Zoning Ordinance Amendment 2020-03, adding outpatient mental health and substance abuse centers to the list of permitted uses in the R-3 multi-family residential district. Mr. CLOVSKY seconded the motion and the motion carried 5-0.

 

 

OTHER BUSINESS

Mr. Flint introduced Brad McCullough who started working for the Township yesterday. Mr. Flint said that he will be the new Township Engineer and Director of Public Works as he retires at the end of April.

Mr. Flint noted that there are currently no plans for the February meeting but he will confirm closer to that date with the Planning Commission.

Mr. CLOVSKY moved to adjourn the regular meeting of the Planning Commission at 7:54 pm. Mr. WASHBURN seconded it and the motion carried 5-0.