DRAFT - SUBJECT TO AMENDMENT BY PLANNING COMMISSION UNTIL APPROVED

The Newtown Township Planning Commission met on Tuesday, December 16, 2003, in the lower level Township meeting room.  In attendance were: Chairperson Karen Doorley; members Allen Fidler, Jay Sensibaugh, Frank Mendicino, Shawn Ward, Sue Beasley, Bob Dieterle, Jim Ott, and Vince Lombardi.  Also in attendance were:  Supervisor Raymond Goodnoe, Township Engineers Chris Walker and Phil Wursta, Township Solicitor Dave Sander, Township Planner Judy Goldstein, and Public Works Director Tom Harwood. 

Chairperson Karen Doorley called the meeting to order at 7:00 PM for a special session to continue the discussion of the recommendations of the Economic Development Commission. 

ECONOMIC DEVELOPMENT COMMISSION (EDC) RECOMMENDATIONS FOR ZONING CHANGES IN THE LI AND O-LI DISTRICTS:  Mr. Walker displayed an aerial photograph of the Newtown Business Commons.  Commission members received his 12/11/03 analysis of the impact of the proposed changes on stormwater management in the Commons in their packets.  The letter stated that Mr. Walker does not anticipate any flooding conditions to occur in the Newtown Business Commons as a result of an increase in the impervious surface ratio.  In response to the Commission’s request, Mr. Walker’s letter also commented on the stormwater management facilities for the proposed Newtown Office Park; he stated they are adequately sized to conform to the allowable post-development peak runoff rates.   

Ms. Goldstein provided a 12/16/03 memo which summarized the amount of development that would result in the “worst case scenarios” for the LI and the O-LI Districts.  Ms. Goldstein said that she used the data provided by Mr. Terry and Mr. Messick at the 12/2/03 Commission meeting and based her calculations on the assumption that the entire area of the Newtown Business Commons is available for either development or redevelopment at 65% maximum impervious surface.  Ms. Goldstein calculated the maximum potential general office area for one and two-story buildings, and the maximum potential medical office area for one and two-story buildings for each District.  

Mr. Wursta said he and Ms. Goldstein did not use the same data when calculating the potential impact of the zoning changes.  He also said that his projections were not based on a worst case scenario, but on several likely scenarios.  He said the internal roads in the Commons seem to be adequate to handle projected increases in traffic, but several key intersections would need substantial improvements, particularly Newtown-Yardley Road and the Bypass, Newtown-Yardley Road and Penns Trail, and the Bypass and Penns Trail.  Some of this work would require acquisition of right-of-way, possibly by condemnation.  Mr. Wursta said he did not have any cost estimates for these improvements.  He said he would like to coordinate further analysis with Ms. Goldstein to make sure he is using the same data and the same assumptions.  He also is still waiting to receive some traffic study data on intersections in the area. 

Mr. Ward asked if the Commission was going to be able to complete its evaluation of the proposed zoning changes by the 1/6/04 meeting as requested by the Board of Supervisors.  There was general agreement that the Commission needs at least two more meetings to be able to make an informed recommendation on the EDC proposals.  Mr. Fidler suggested that the Commission inform the Board of Supervisors of the progress of their evaluation and request an extension to allow the Commission to report at the first Board meeting in February 2004. 

Jim Worthington, a member of the EDC, was present and commented that the EDC and the Board of Supervisors are anxious to move forward on the zoning recommendations.  He said traffic at the intersections in the Newtown Business Commons area is not bad enough that businesses will be discouraged from moving into the Commons, nor do major improvements need to be made.  He said he has never heard any patrons of his business, which is located in the Commons, complain about the traffic in the area. 

Mrs. Beasley suggested looking at creating a new road in the Commons that would connect with the intersection of Newtown-Yardley Road and the Bypass.  Mr. Fidler suggested that some parts of the Commons might be able to support more development than other parts because of the availability of right-of-way in which to make road improvements.  Mr. Ott said that traffic problems in the area of the Commons will be improved if the proposed road through the Brandywine Realty Trust project at Upper Silver Lake Road and the Bypass is built. 

Mr. Ward moved to direct Mr. Sander to draft a letter to the Board of Supervisors requesting an extension on the Commission’s consideration of the EDC’s recommendations to allow the Commission to report at the first Board of Supervisors meeting in February 2004, and explaining why the Commission needs more time.  The motion was seconded by Mr. Ott and passed unanimously. 

MINUTES OF PREVIOUS MEETING (12/2/03):  Mr. Ward moved to approve the minutes of the 12/2/03 meeting.  The motion was seconded by Mr. Sensibaugh and passed unanimously. 

REVIEWS 

PRD VARIANCE - FRANK AND SUSAN PRATICO - 115 N. ASCOT COURT - TMP# 29-13-98:  The applicant is requesting approval of a 20.82’ rear yard setback instead of the required 30’ setback in order to construct an addition on a home in the Country Bend development. 

Mr. Ward moved to recommend that the Board of Supervisors approve the request, provided that the Country Bend Homeowners Association has no objection to the plan.  The motion was seconded by Mr. Lombardi and passed unanimously. 

PRD VARIANCE - ROWENA YIM - 103 VALLEY VIEW WAY - TMP# 29-40-61:  The applicant is requesting approval of a 22’ rear yard setback instead of the required 30’ setback in order to construct an addition on a home in the Tyler Walk development.  Mrs. Doorley said she will be abstaining from the vote on this item because she knows the applicant. 

Mr. Ward moved to recommend that the Board of Supervisors approve this request, provided that the Tyler Walk Homeowners Association has no objection to the plan.  The motion was seconded by Mr. Lombardi and passed unanimously, with Mrs. Doorley abstaining. 

ZONING HEARING BOARD REQUESTS 

VARIANCE REQUEST # 620-03 - STONEHOUSE HOLDINGS - TMP# 29-16-2:  Mr. Sander explained the legal issues involved in this request, which is an appeal from the action of the Zoning Officer.  Mr. Harwood’s 12/4/03 memo to the Zoning Hearing Board stated that the Zoning Officer issued an enforcement notice indicating that the Stoenhouse Bistro was conducting public gatherings and entertainment activities inconsistent with its approved E-5 Use.  The applicant is also appealing the application fee determined by the Zoning Officer. 

Mr. Lombardi moved to recommend that the Board of Supervisors send the Solicitor to the hearing to support the Zoning Officer.  The motion was seconded by Mr. Ott and passed unanimously. 

VARIANCE REQUEST # 621-03 - EDWARD AND CHRISTINA MURPHY - 301 N. SYCAMORE STREET - TMP# 29-12-27:  The applicant is seeking relief from floodplain standards and driveway widths, curbs, paved parking, and drainage requirements in order to construct an addition to a residential building.  Mrs. Doorley asked if the proposed plan will increase the floodplain upstream or downstream; Mr. Walker said it will not. 

Mr. Lombardi moved to recommend that the Board of Supervisors not oppose this request.  The motion was seconded by Mr. Ward and passed 8-1, with Mr. Sensibaugh voting “nay”. 

OLD BUSINESS 

SPRINGHOUSE AT OVERLOOK:  Mr. Ott said he looked at the Heritage Conservancy review letter on the preliminary plan for the Overlook development (formerly known as the Hoffa Tract), and the letter did mention the existing buildings on the site.  The letter said the springhouse had no historical significance, but it would be a loss to demolish it.  Mrs. Doorley suggested that the Commission take a closer look at existing structures on building sites in the future. 

NEW BUSINESS:  None. 

GENERAL DISCUSSION:  None. 

ADJOURNMENT:  With no objections, the meeting was adjourned at 8:45 PM.

Respectfully Submitted,

 ____________________________
Gretta Stone, Recording Secretary