WEST VINCENT TOWNSHIP
PLANNING COMMISSION

September 18, 2008               7:30 PM

Attendance:  Chairman Peter Rodgers, Vice Chairperson Jean Warrick, Sara Shick, Ken Yerger, Township Engineer, Township Manager Jim Wendelgass and Township Secretary Tammy Swavely.

Chairman Rodgers called the meeting to order at 7:35 PM.

The minutes of August 21, 1008 were unanimously approved as submitted on a motion by Shick and a second by Warrick.

The Open Space Advisory Committee Minutes, the Environmental Advisory Council Minutes and the Board of Supervisors Minutes that were previously distributed by e-mail were acknowledged as received.  The Erosion & Stormwater Control Inspection Reports and Earth Disturbance Reports distributed by e-mail were acknowledged as received. 

SUBDIVISION/LAND DEVELOPMENT:

Wilkinson:  This plan was denied by the Board of Supervisors on August 29, 2008.  The Applicant has not done anything with this plan since 2006. 

Burch/Woodstone:   A review letter has been received from Carroll Engineering dated August 13, 2008.  The Applicant plans to come discuss the plan at the October 16, 2008 Planning Commission meeting.

Weyl:  Preliminary Plan Approval was given by the Board of Supervisors on June 27, 2008.

St. Andrews Church:  Ken Werner, Esq. on behalf of the church came before the Planning Commission requesting a recommendation to the Board of Supervisors for approval of the Land Development Plan.  He stated that on August 25, 2008 the Conditional Use was granted and it was accepted.  Dan Salameda, engineer on the project went through the June 5, 2008 review letter of Carroll Engineering.  He stated that the comments were minor and he met with Ken Yerger of Carroll Engineering to discuss the plan.  Mr. Salameda stated that all the conditions were appropriate as a condition of approval and that they will comply with all the suggestions.  The disposal fields were perked and a replacement field was mapped.  The Planning Module is still being designed by the engineer at this time.  Diane Phillips, 547 Blackhorse Road, Tax Parcel 25-7-11.1, had questions on the plan.  One on the flood plain was answered by Yerger by informing the Planning Commission that there are no mapped flood plains on this property.    If a parking lot would need to be constructed, a new Land Development Plan would need to be filed with the Township.  The stormwater was discussed.  The proposed stormwater management system on the site was designed to handle runoff from the proposed development as well as from a potential future parking lot across the street from the church.  Phillips stated that the new entry way was in the front yard setback and would need a zoning variance.  Salameda stated that he has had an interpretation made by the Zoning Officer and since this is an existing building which is non-conforming, this was not an issue.    The Zoning Officer stated that the ordinance 2217.C defines the front yard by the building’s location which, as noted above is existing and non-conforming.  After studying the Zoning Ordinance, the Planning Commission agreed with this interpretation. A woman from the East Nantmeal Historic Society spoke on the value of an historic property being changed forever.  Rodgers stated that the planning commission is not the proper venue to arbitrate or resolve disagreements within the church’s congregation.  The Planning Commission’s role is to evaluate the contents of an applicant’s plan and determine if it complies with the township’s zoning and land development ordinances.  Warrick stated that even if the Planning Commission agreed with the premise that the church should not be altered, such feelings would not be legal grounds for the planning commission to reject the applicant’s plan.  At this point the applicant is before the Planning Commission for review and approval of it’s proposed plan in accordance with requirements of  the Zoning Ordinance and the SALDO of West Vincent Township that were in effect on the date that the applicant initially submitted its plans.  The applicant’s building is not on the the township’s Historic Resource list.  If such an omission is a mistake, then that error falls on West Vincent Township for not putting it on the list when it was composed, not on the church.  The scenic road map was discussed and was determined that these provisions apply to builders wishing to establish credits for open space.  Rodgers stated that it is disheartening to see this kind of disagreement within the church’s congregation, but that the issues being brought up here for discussion needed to be resolved within the church community and that following such resolution, the minority had to learn to live with the decision of the majority.  Jane Davidson, a retired historian with Chester County stated that she would like to clarify some points.  The church was not included in the 1979-1982 historic resource list since no churches were included when the list was compiled.  It was left up to each individual township to work with its citizens and add to the Chester County Historic list (and apparently West Vincent Township made the conscious decision not to add this building to the list).  At this time, under law, she stated, that anything 50 years or older is worthy of investigation to become an historic resource.  Warrick stated that the Planning Commission appreciates the information and suggestions, but the underlying proposition that the Planning Commission can change this plan is incorrect.  If an applicant presents something that is in compliance with the controlling township ordinances, even if, in the township’s “eyes” there are better ways of achieving the same development results, the township cannot reject, or modify, an applicant’s proposal.  Yet that appears to be the thrust of most of the comments being made during this meeting, i.e. there seems to be a feeling in the audience that the Planning Commission can change the plans that have been submitted for its review, and this is not the case.  A NPDES permit will not be necessary according to Mr. Yerger since they are not disturbing more than one (1) acre.  The walkway near the existing cemetery was discussed.  The applicant stated that an investigation of this entire area was undertaken and there was no evidence that any bodies were buried in that area.  Warrick made the motion that the Planning Commission recommend to the Board of Supervisors that they grant Preliminary Approval of the Land Development Application conditioned upon compliance of all requirements in the Carroll Engineering letter dated June 5, 2008.  Rodgers seconded the motion.  Shick abstained from the vote.  The motion carried unanimously. 

Wetherhold/Remington:  A review letter has been received from Carroll Engineering dated August 5, 2008.  The Applicant plans to come discuss the plan at the October 16, 2008 Planning Commission meeting.

PLANNING/ZONING:

Ludwigs Square/The Promenade at Chester Springs:  Greg Adelman representing the Applicant came with a new sketch plan on the property along Route 100.  He was before the Planning Commission in July 2008 with a by-right plan and at that time was told to go talk to Kise, Straw and Kolodner, the planners who helped the Township write the Ludwig’s Corner Master Plan.  This plan appears to be more pedestrian friendly and contains a small park-like area,  Parking will be distributed throughout the site using centralized (mass lots) as well as some parallel parking along Lexington Boulevard.  These concept as presented “works”, according to Adelman while the Ludwig’s Corner Master Plan concept cannot be implemented and be compliant with the Township’s current Zoning Ordinance.  This sketch plan will require an amendment to the Zoning Ordinance.  Warrick stated that although it is not what the Planning Commission envisioned, that it is better than the first sketch.  The Applicant will go to the Board of Supervisors to determine if this plan should be engineered more fully.

Abram Realty/PNC Bank:  The Applicant has been talking with his neighbor, The Hankin Group, regarding access through their property.  They have changed their sketch to remove the entrances off of Routes 401 and 100.  The main access will be from Birchrun Road. 

Old Business:

Ken Yerger, Township Engineer, has reviewed the Subdivision and Land Development Ordinance of 1999 for necessary updates and suggested some specific revisions.  The Planning Commission will to go over the suggestions on October 9, 2008

New Business:

The Regional Planning Commission has sent a long term goal list that with some things that need to be addressed by the Township Planning Commission.  The first item is to look at the Regional Plan density and redo the ordinance to reflect lower density.  Another change would be to include changing the zoning to one (1) unit for every 1 ½ acres to 3 acres.  Most of the other requirements of the Regional Plan have been met by the Township. 

Warrick made a motion to adjourn, Shick seconded, and the motion passed unanimously.

Meeting Adjourned 10:35 PM