MINUTES FROM THE JUNE 29, 2004 MEETING OF THE PLANNING COMMISSION

The Hamburg Planning Commission met this evening in the Council Chambers of the Hamburg Municipal Center with Chairman Jim Gilmartin presiding. The meeting was called to order at 7:00 p.m.

MEMBERS PRESENT: James A. Gilmartin, George E. Confer, Dale R. Schlenker, Roy R. Heffner

MEMBERS ABSENT: Hank J. Clarke, Leon A. Balthaser

A motion was made by Dale Schlenker and seconded by Roy Heffner to approve the April minutes as written with the following correction: Roy Heffner stated that Tilden Township has not approved the Comprehensive Plan.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

The visitors that were present were in attendance to discuss the proposed zoning ordinance.

John Leonforte explained that the Fiore Land Development plans are still not completed and Mr. Fiore has asked for another 90 day extension.

A motion was made by George Confer and seconded by Roy Heffner to approve the 90 day extension for the Fiore Land Development.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Jim Gilmartin turned the meeting over to John Leonforte for the discussion of the proposed zoning ordinance.

Discussion was held on fence height. The Planning Commission previously voted on making all sides 7’. Due to safety concerns there was some opposition to this.

A motion was made by Dale Schlenker and seconded by Roy Heffner to change Section 502.1 maximum fence heights to 6’ from 7’.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Chuck Figard asked if in Section 502.2 street traffic included alleys. John Leonforte stated that it does.

A motion was made by Roy Heffner and seconded by Dale Schlenker to allow projection signs to be no larger than 6 square feet and centered on the building not to exceed 36" in any one direction.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Directional sign size was discussed. Dale Schlenker thinks it should be smaller than 6 square feet.

A motion was made by Dale Schlenker and seconded by George Confer to allow directional signs and that they are to be no larger than 3 square feet.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Backlit signs were discussed. John Leonforte has no opinion on whether or not they should be allowed. The existing backlit signs cannot be made to change. Awnings are not considered backlit signs. Jeanette Heckman asked if backlit signs are inside or outside. John Leonforte stated that we do not regulate inside signs. It was decided to not regulate backlit signs.

John Leonforte recommended rewording Section 512.3 (1) to read "off premises signs shall only be permitted in the B-D District and within 300’ of the Route 61 right-of-way." This is the only area to have this allowed and no where else.

A motion was made by Roy Heffner and seconded by Dale Schlenker to change Section 512.3 (1) as recommended by John Leonforte.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Fred Sheeler stated that on page 78 it states that backlit signs are prohibited. This will be removed from the ordinance.

A motion was made by George Confer and seconded by Roy Heffner to remove the prohibition of backlit signs from the zoning ordinance.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

It was asked if a provision should be added regarding obstructing visibility to Section 502.2 on page 50 in the V-C District since there are no setbacks. It was recommended to use the same sections as before (6’) and to eliminate Section 502.3.

A motion was made by Roy Heffner and seconded by Dale Schlenker to insert the 6’ into Section 502.2 and to eliminate Section 502.3

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Section 402.8.5 on pages 41-42 regarding rear set backs and vehicular doors was discussed. John Leonforte stated that he thinks the 25’ rear set back should only apply to structures with vehicular doors facing the street not to sheds. Jeanette Heckman disagreed with this. Cherie Reichard feels that this will not help in the sale of houses. John Leonforte feels it is a safety issue. Heather Breininger feels that this is limiting row house owners from building garages.

A motion was made by Dale Schlenker and seconded by George Confer to reduce the rear set back to 12 1/2 feet.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

It was asked if side yards in the V-C and B-D Districts be required to have at least a 3’ setback and allow for curb/sidewalk along streets. John Leonforte recommended that it should. All structures with walls including sheds should have the 3’ for maintenance purposes. Chuck Figard asked about carports. John Leonforte stated that carports do not have walls so they would not be included. Bruce Heilman stated that there could be a provision added that would require a variance and adjacent property owner(s) approval. John Leonforte stated that the 3’ is standard less than that would need a special exception.

A motion was made by Dale Schlenker and seconded by George Confer to change all to 3’ with the provision to add for special exceptions.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Fred Sheeler and John Leonforte had a discussion on Section 604 on page 102. John Leonforte stated that one has to do with the building and one has to do with the land. Area and width is exempt if it’s a non-conforming lot of record if you can maintain the setbacks. A non-conforming use would be a factory in a residential district.

It was asked if minimum lot size in the V-C District should be 2,800 square feet. John Leonforte stated that it should not be reduced it should be increased to 5,000 square feet for residential purposes. Bruce Heilman stated that this is a mixed use.

A motion was made by Dale Schlenker and seconded by Roy Heffner to change Section 403.6 (1) to state that residential uses currently in the V-C or B-D Districts are permitted uses and shall comply with the MDR 2 District requirements.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

A question regarding minimum widths for lots in the V-C District being 0 was brought up. Heather Breininger asked why 65% coverage was changed to 100% coverage? This would allow more use of the property. John Leonforte stated that this was addressed earlier and recommends no changes.

Section 506.2.5.1 stated that there shall be 2 off-street parking spaces per apartment in all districts. John Leonforte recommended that this stay as is. It was asked why this should be established. Chuck Figard stated that this would help out the businesses on 4th and State Streets. Norma Berger asked if there is anyway to force residents to use the off-street parking. John Leonforte stated that there is no way to and that it would fall under the police and not zoning.

It was asked about designating areas to sell farm produce on the sidewalks. John Leonforte stated that this is not a zoning issue. This would require a municipal ordinance for transient sellers. This would go through Borough Council not the Zoning Ordinance.

Norma Berger asked if the Zoning Ordinance will be completed and approved before the traffic study. John Leonforte stated that it would be. Penn Dot is doing the study and it will not be completed before fall of 2005 and it will change nothing. Penn Dot will not give any money to do anything and will only make recommendations.

It was asked if office should be on the list of uses in the B-D District (Section 404BD). John Leonforte stated that it was omitted and will be added.

Homes included in the B-D District was discussed. Cherie Reichard asked why the area north of the Getty is being included. John Leonforte stated that there is business traffic going through that area. Cherie Reichard asked if those residents were asked their opinion on this? John Leonforte stated that they were not but it has been advertised. John Leonforte recommended that the area north of Getty should be in the V-C District.

Fred Sheeler passed pictures around that he took. Currently these homes are in the high-density residential district. With the new ordinance they would be either B-D or I. John Leonforte stated that property lines should not be used as zoning division lines and that we do not want to do that anymore. We are using streets, streams, etc. for division lines.

Heather Breininger stated she wants to see buildings preserved. This Zoning Ordinance will not do this. People are not aware of what is going on. John Leonforte stated that the Zoning Ordinance changes will benefit everyone.

Tammy Wilkinson asked about houses in the B-D District…what if they burn down, can they be rebuilt? John Leonforte stated that they can as long as they stay in the footprint of the previous building. Tammy Wilkinson asked if the houses on Walnut Street could be changed to the V-C District since there is an alley behind them. Heather Breininger stated that those houses are in a flood zone. John Leonforte has spoken to 2 residents in those homes and they recognize that they are in an industrial district.

Jim Gilmartin asked if the map has been approved. John Leonforte stated that it was but the map needs to be amended because there are some more changes.

A motion was made by Dale Schlenker and seconded by George Confer to approve the map with the changes.

ROLL CALL: Ayes-Gilmartin, Confer, Schlenker, Heffner

Nayes-None

Tammy Wilkinson asked about the 3’ setback from the right-of-way and width of sidewalk and curbs. Would this right-of-way be on residents’ properties? It is 3’ for anything in V-C and B-D Districts.

Tammy Wilkinson asked about the 100% coverage. With setbacks what is the coverage? John Leonforte stated that it is 100% but can’t be in the 3’ setback or any other setbacks. Tammy Wilkinson thinks this is too big of a jump.

Fred Sheeler asked if when the changes are incorporated will the public be allowed to review them. Jim Gilmartin stated that they will.

None

None

There being no further business, and on motion of George Confer and seconded by Roy Heffner to adjourn the meeting at 8:57 p.m.

ATTEST:

Denise L. Clare, Secretary