Planning Commission

BOROUGH OF CARROLL VALLEY JOINT MEETING OF PLANNING COMMISSION and BOROUGH COUNCIL Tuesday, September 7, 2021 – 7:00 P.M. Borough Office AGENDA A. Approval of Meeting Minutes A. Minutes of the July 6, 2021 joint meeting B. Open to the Public C. New Business D. Old Business A. Comprehensive Ordinance Review o Chapter 27: Zoning  Table of Uses Review: Current vs Proposed  Solicitor’s Review  Finalize Zoning Map E. Adjournment  Carroll Valley Zoning Ordinance Table of Uses Current Zoning Zoning District Use WC A R1 R2 C1 C2 RC Standards Accessory Structures for storage of recreational equipment and other ACC materials for recreational use Accessory Uses not located on the same lot with the permitted principal SE use Accessory Uses related solely to the recreational activities which they ACC are intended to serve Agriculture and Horticulture P Section 311.2.A Agriculture, Horticulture, Animal Husbandry P Antique and/or Gift Shops SE Any Other Uses as determined by the Zoning Hearing Board to be of SE SE the same character as the permitted uses Banks, Savings and Loan Associations P Section 921- 924 Banks, Savings and Loan Associations P Boat Houses as the principal use on lots extending to the middle of the SE Section 621- lake 622 Bowling Alleys P Section 921- 924 Business, Professional, and Governmental Offices and Office Buildings P Sections 921- 924 Buildings Owned by the Borough or an Authority authorized by the P Section 921- Borough 924 Business Training Institutes P Section 921- 924 Car Washes SE Churches and Similar Places of Worship SE SE Sections 651- 655 Churches and Similar Places of Worship SE Sections 661- 665 Churches and Similar Places of Worship P Civic Organizations SE SE Sections 651- 655 Civic Organizations SE Sections 661- 665 Civic Organizations P Cluster, Townhouse, and Multi-Family Dwelling Units P P Sections 661- 665 Commercial Parking Facilities SE Communications Antennas mounted on an existing public utility P P P P P P P Section 671. transmission tower, building or other structure Communications Equipment Buildings P P P P P P P Section --- Communications Towers SE SE SE Sections 411 and 671 Communications Towers P Section 411 Customary Accessory Uses and Buildings when they are clearly ACC incidental to the principal use Customary Accessory Uses and Buildings, provided they are clearly ACC ACC ACC incidental to the principal use Customary Accessory Uses and Buildings, provided such are clearly ACC ACC incidental to the principal use Drive-In Restaurants SE Dwelling Units P P P Sections 921- 924 Forest Preserve P Sections 921- 924 Forest, Scenic, and Wildlife Preserves P Section 311.2.A Gasoline Service Stations SE Group Homes, but not correctional institutions SE Section 651- 655 Group Homes, but not correctional institutions SE Section 661- 665 Group Homes, but not correctional institutions P Guest House CU Sections 641- 643 Home-Based Businesses SE Sections 402 and 661-665 Home-Based Businesses SE Section 402 Home-Based Occupation, No Impact P P Section 111 Home-Based Occupation, Minor Impact ACC ACC Sections 111 and 401 Home Occupations and Professions ACC Section 401 Intensive Agricultural Activities SE Section 422 Laboratories and Research Institutions P Section 921- 924 Libraries and Museums SE SE Sections 651- 655 Libraries and Museums SE Sections 661- 665 Libraries and Museums P Light Manufacturing SE Sections 921- 924 Lodges or Clubs for Climbing, Fishing, or Other Recreational Purposes SE Section 311.5 Mobilehome Parks P P Sections 1001-1017 Off -Street Parking ACC Sections 801- 802 Off-Street Parking Areas ACC Sections 801- 812 Orchard Farming, Tree Plantations, Intensive Gardening on P P Sections 431- undeveloped lots 432 Other Licensed Business Establishments P Other Planned Recreational and Open Space Facilities devoted to P Sections 921- recreational purposes only 924 Outdoor Recreational Areas and Facilities, including parks (except SE Section 311.5 amusement parks), playgrounds, picnic areas, golf courses or country clubs (except miniature golf courses), ski areas, and boating areas Outdoor Recreational Areas and Facilities, including parks (except SE amusement parks), playgrounds, picnic areas, golf courses or country clubs (except miniature golf courses), ski areas, and boating areas Police and Firehouses P Private Garage or Parking Area ACC Private Garage or Private Parking Area(s) ACC ACC ACC Professional, Business, and Governmental Offices P Public and Private Schools, including day care centers and nursery SE SE Sections 651- schools 655 Public and Private Schools, including day care centers and nursery SE Sections 661- schools 665 Public and Private Schools, including day care centers and nursery P schools Public or Private Outdoor Recreation Facilities P Sections 921- 924 Public Parks and Playgrounds P Public Parks, Buildings, and Facilities owned and operated by the SE Borough or an Authority authorized by the Borough Public Structures P Section 332.2.B Public Structures and Facilities owned and operated by the Borough or P Section an Authority authorized by the Borough 321.2.C Public Structures owned and operated by the Borough or an Authority P authorized by the Borough Public Structures owned or Operated by the Borough or an Authority P authorized by the Borough Real Estate Offices P Restaurants, but not offering fast food, counter, carry-out, or drive-in SE services Restaurants, Cafes, Taverns, or Other Places serving food and P Section 921- beverages, except drive-ins 924 Retail Stores or Shops for the conduct of any retail business P Sections 921- 924  Roadside Stands for the sale of produce grown on the premises, SE Sections provided that off-street parking areas are provided for the customers 311.5 Roadside Stands for the sale of produce grown on the premises, P provided that off-street parking spaces are provided for the customers Shopping Centers P Sections 931- 936 Signs ACC ACC ACC ACC ACC ACC Part 7 Single-Family Detached Dwellings P P Single-Family Dwellings SE Section 311.5 Single-Family Residences P Theaters, Motion Picture Theaters, except drive-ins P Section 921- 924 Two-Family Dwellings SE Section 333.5.B Volunteer Fire and Ambulance Services SE SE Sections 651- 655 Volunteer Fire and Ambulance Services SE Sections 661- 665 Volunteer Fire and Ambulance Services P Wholesale Businesses SE KEY: ACC – Permitted Accessory Use P – Use Permitted By-Right SE – Use Permitted by Special Exception CU – Use Permitted by Conditional Use Notes: 1. Several uses are listed two or more times in the use table (for example, Volunteer Fire and Ambulance Services). This reflects instances where a specific use is subject to different standards depending on which zoning district the use is proposed. 2. There are several instances where the same use is presented with slightly different text or terminology from one zoning district to another (for example, Customary Accessory Uses and Buildings). For completeness purposes, every unique text example is listed. 3. There are several instances where a use cross-references standards that are clearly not applicable or appropriate for that use (for example, Public and Private Schools in the R1 District). These cross-reference errors are accurately referenced in this use chart to ensure that the use chart fully represents how the Zoning Ordinance is written. Proposed Zoning Ordinance From: Zachary Rice <zrice@salzmannhughes.com> Sent: Friday, July 23, 2021 4:01 PM To: Gayle R. Marthers <gayle@carrollvalley.org> Cc: Emily Myers <EMyers@salzmannhughes.com>; David A. Hazlett <manager@carrollvalley.org> Subject: RE: CVB Chapter 27 Draft Hi Gayle, I’ve had a chance to go through the Chapter 27 draft and will offer my comments and recommendations below. • I am in favor of the way that short-term rentals are handled, especially by creating distinctions of different types of short-term rental operations. • I note that there are references to “multi-family dwellings”, but the term is neither defined nor is it provided for as an allowed use in any district. • I would recommend adding a definition for “Agricultural Operation”, using the definition provided for in the Pennsylvania Municipalities Planning Code (below), since “Agricultural Operation” is a permitted use in the Ag District. o “An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.” • I would also recommend adding a definition for “land development”, using the definition provided for in the MPC: o “Any of the following activities: 1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. (2) A subdivision of land.” • With respect to the regulation of Solar Energy Production Facilities (Section 1501(NN)): o Subsection 14 – It may be prudent to require the developer enter into a Decommissioning Agreement (Sam and I have used such Agreements in other communities) that further protects the Borough from any adverse effects of the decommissioning of a solar project. o Subsection 14(c-d) – It may be beneficial to add that the financial security estimate, as well as the updates every 5 years, shall be performed by a Pennsylvania licensed Engineer. o In other communities, we have included the following language as well:   “The design of the solar electric system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant for a building permit and land use permit shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, or other similar certifying organizations.”  “In calculating the maximum impervious surface coverage, portions of the solar electric facility may be considered pervious if the criteria within the Pennsylvania Department of Environmental Protection (“DEP”) FAQ Document entitled “Chapter 102 Permitting for Solar Panel Farms”, dated January 2, 2019, has been met.”  “Stormwater management for the solar electric facility shall be in accordance with the Straban Township Stormwater Management Ordinance and the Pennsylvania Department of Environmental Protection (“DEP”) FAQ Document entitled “Chapter 102 Permitting for Solar Panel Farms”, dated January 2, 2019, as applicable.” • With respect to the regulation of Wind Energy Facilities (Section 1501(OO)): o – See Comments above regarding Solar Energy Production Facilities • Section 1702/1704 regarding Sign regulation: o May want to consider exempting from the permitting process (and permitting in all districts) “personal expression signs”, with time, place, and manner regulations such as we previously discussed. • It may be prudent to have a “uses not provided for” section, that says something to the effect of: “Whenever, in any zoning district, a use is neither specifically permitted nor prohibited, and an application is made by a property owner or authorized agent to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications.” o The benefit here is that you would protect against an applicant from making an exclusionary zoning argument where the use is not permitted anywhere in the Borough. Those are my preliminary thoughts, comments, and recommendations. Please let me know if you have any follow-up questions or comments. I’d be happy to discuss by phone before the next Planning Commission meeting. Have a great weekend. Zach Zachary M. Rice 79 St Paul Drive | Chambersburg, PA 17201 Office: 717.263.2121 Ext. 1118 Fax: 717.263.0663  MEMORANDUM TO: BOROUGH COUNCIL; MAYOR FROM: DAVID HAZLETT, BOROUGH MANAGER SUBJECT: PROPOSED ZONING MAP DATE: 7/29/2021 CC: GAYLE MARTHERS Everyone, As requested, we have provided option F and option B for your consideration which highlights the changes discussed at the previous meeting. Dave  CARROLL VALLEY BOROUGH Adams County, Pennsylvania Approved Version - 06/03/2019 Zoning District Option F Legend Water Bodies Proposed Districts Agriculture Community Core Commercial R1 - Residential/Conservation R2 - Residential Low-Density R3 - Residential Medium-Density . Data Source: ACOPD, AC Tax Services, Aerial Photography Spring 2016 Proposed Zoning Districts Prepared By: ACOPD - HL | April 5, 2018 This map is for illustration purposes only. Adams County Feet Office of Planning & Development does not assume any responsibility for the information presented on this map. 0 700 1,400 2,800 CARROLL VALLEY BOROUGH Adams County, Pennsylvania Scenario B 12/20/2018 Legend Water Bodies Proposed Districts Agriculture Community Core Commercial R1 - Residential/Conservation R2 - Residential Low-Density R3 - Residential Medium-Density . Data Source: ACOPD, AC Tax Services, Aerial Photography Spring 2016 Proposed Zoning Districts Prepared By: ACOPD - HL | April 5, 2018 This map is for illustration purposes only. Adams County Feet Office of Planning & Development does not assume any responsibility for the information presented on this map. 0 750 1,500 3,000