PPL COMMISSIONER COMMITTEE MEETING UPPER DUBLIN TOWNSHIP PLANNING, PARKS & LIBRARY COMMITTEE TUESDAY, OCTOBER 23, 2018 | 7:00 PM
The meeting location is accessible to person with disabilities. A request for special accommodations for persons with disabilities should be made at least 24 hours in advance of the meeting by calling 215-643-1600 x3220. The agenda may be amended during the meeting to add or delete items, change the order of agenda items, or discuss any other business deemed necessary at the time of the meeting.
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CALL TO ORDER
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PLEDGE OF ALLEGIANCE
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CORRESPONDENCE AND ANNOUNCEMENTS
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PRESENTATION 4.a. Update on Wissahickon Watershed Project.
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STANDARD BUSINESS 5.a. MOVE to accept the minutes from June 26, 2018 without reading.
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REPORTS 6.a. Report of the Library Director 6.b. Report of the Parks & Recreation Director 6.c. Report of the Environmental Protection Advisory Board 6.d. Report of the Planning Commission
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DISCUSSION ITEMS 7.a. Presentation and Discussion on Possible Future Use of Twining Valley Golf Course.
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NEXT MEETING: TBD
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ADJOURN
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Agenda Item No:5.a
Planning, Parks & Library Committee Agenda Item Report Meeting Date: October 23, 2018 Submitted by: Deb Ritter Submitting Department: Item Type: Minutes Agenda Section: STANDARD BUSINESS
Subject: MOVE to accept the minutes from June 26, 2018 without reading. Suggested Action: Attachments: MinutesBOC-PPL-20180626.pdf
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A meeting of the Planning, Parks and Library Committee (PPL) of Upper Dublin Township (UDT) was held on Tuesday, June 26, 2018, at 7:00 p.m., in the Township Building, Chairperson Rebecca Gushue presiding. In attendance were Commissioners Rebecca Gushue, Meredith Ferleger, Dr. Gary Scarpello and Liz Ferry (filling in for Ms. Ferleger only on the Mattison Estate discussion). Also present were Paul Leonard, Township Manager; Richard Barton, Community Planner and Zoning Officer; David Brooman, Township Solicitor; Cherilyn Fiory, Director of the Upper Dublin Public Library (UDPL); Derek Dureka, Director of Parks and Recreation (UDPR); and Cheryl Knight, Chairperson of the Environmental Protection Advisory Board (EPAB). PLEDGE OF ALLEGIANCE: Ms. Gushue asked all present to pledge allegiance to the flag. STANDARD BUSINESS: Move to Accept the Minutes from April 24, 2018 Without Reading: Dr. Scarpello motioned, with Ms. Ferleger seconding, to accept the Minutes of the PPL meeting of April 24, 2018 without reading. VOTE ON MOTION
ALL YES
MOTION CARRIED
REPORTS: Report of the Upper Dublin Public Library (UDPL) Director: Cherilyn Fiory reported on activities at the UDPL for May and June 2018 as follows: Children’s Literacy and Events: The Library is participating in Pennsylvania summer reading club “Summer Quest.” The theme is “Libraries Rock” (music and geology). Children from birth to grade 12 can be registered into one of the four programs: Baby & Me (birth-three years old), Pre-Readers (preschool aged), Independent Readers or Teen. The program was shared at the four elementary schools, reaching more than 1000 students. 775 children and teens registered. The summer reading program kicked off Saturday, June 23rd with a Star Wars themed party. Upcoming Library-hosted events coming up are: Silly Joe on June 27th in the Township Building Community Rooms; Storyteller Robin Bady will be at the Library June 30th for “Build a Puppet, Tell a Tale” for children ages 6-10; each Friday afternoon, there will be screenings of blockbuster films for teens - The Last Jedi will be shown on June 29th at 1:00 pm; on Monday, July 2nd at 4:00 pm, Alex London, author of Proxy , will be at the Library to “hang out” with interested teens. Twelve high school juniors and seniors are participating in the Library’s Teen Summer Internship program. The students will be involved in different projects, from program assistance to shelf maintenance to special projects, like 3D printing and graphic design. The Reading Buddies program has twenty students in grades 1-5 meeting weekly to read with 25 students in grades 9-12. Author Events/Programs for Adults: The Library hosted successful author visits. May 31st, Michael Smerconish spoke to a sold out audience of 180 people in the Community Rooms. June 20th, the UDPL and the Wissahickon Valley Public 4 1
Library co-hosted Elin Hilderbrand at Montgomery County Community College for 226 people. July 31st, the Library will host Heather Greenleaf, an Upper Dublin graduate, whose novel, An Imperfection, draws from Willow Grove history. July 16th at 7:00 pm, the Library is hosting Antiquing 101 & Appraisals with Michael Locati of Locati, LLC including informal appraisals of personal items. Fundraising Update for the New Library: The Fundraising Committee (comprised of Township staff, Library Friends and Library Board members) received responses to the request for qualifications from five fundraising consulting firms. The Committee rated the responses, interviewed the top three firms and identified a firm that suits the needs of the Committee. The first phase, a feasibility study, should begin in July to identify a reasonable target or goal. This process generally takes four months to complete. UDT submitted an application for a Keystone grant, which could award the building project up to $750,000. There were 41 applications across the state, seeking a total of $11.1 million. Awards will be announced during the last week of August. UDT’s application included letters of support from all four local legislators. Friends of the Library: The Friends of the Library hosted a well-attended thank you event for members and donors on June 1st. The new library vision was discussed and the guests were bussed to the new building for tours. The Friends’ Annual Craft Show at Mondauk Common will be on Saturday, August 25th. Ms. Fiory thanked all who contribute time and donations to the Friends, especially at this time of year, when the Friends significantly support the Summer Quest programs. To join the Friends of the Library, visit udfriends.org. Summer reading & learning needs can be found at the UDPL. Stop into the Library or visit udpl.org for more information. Discussion of the Library Report: Mr. Leonard:
Commissioner Tackel, President of the Board of Commissioners, asked that at the July 10th Board of Commissioner’s Stated Meeting, there be a discussion with the Township Traffic Engineer about the driveway for 520 Virginia Drive, the traffic and intersection studies that he recently performed on Camp Hill Road, Virginia Drive and Highland Avenue. This will be to discuss traffic impacts of the new building and other issues that were discussed at the Special Meeting on 520 Virginia Drive on May 22nd. A notice was sent via email to the adjacent property owners about the traffic discussion on July 10th. The 520 Virginia Drive budget was discussed. Budget information was presented at the Special Meeting on May 22nd, but has since been refined and in some cases, line items were reduced. Mr. Leonard explained that Mr. Tackel requested that the updated budget information not be discussed at the July 10th Stated Meeting, to wait until the August meeting, because Mr. Feldman will not be present. The proposal from the fundraising firm selected by the Friends will be shared with the Board of Commissioners (BOC). The BOC hope to set and achieve a 5 2
very high capital campaign goal. Report of Upper Dublin Parks and Recreation (UDPR) Director: Derek Dureka reported on activities at UDPR for May and June 2018 as follows: During the week of May 7, 2018, UDPR staff members assisted with the Montgomery County Senior Games. Both he and Recreation Coordinator, Erin Woodruff, sat on the regional senior games committee. There were a record-breaking 530 participants in 34 events. The Upper Dublin Kids’ MiniTri, powered by Kids Tri 3 was held on the same day as the adult Spring Triathlon on May 20th. Thirtysix kids participated in the successful event. The department is interested in hosting the event again, but maybe not on the same day as the adult triathlon. If there were to be more advertising for the event, 75100 children would be signed up. In June, UDPR hosted their Movie in the Park indoors due to the weather. The Spring Flea Market and the Sports Equipment Swap were held at the Township Building. The twice a year equipment swap brought in 75 participants. Any equipment that was leftover at the end of the event was donated to various charities. Mornings in MonDaug Bark Park began in June and lasts for seven months. The Robbins Park Family Camp Out scheduled for this month was postponed until August 11-12, due to weather. From June 15-24, UDPR held their Park Poker Challenge, where 52 large playing cards are hidden in the Township park system, the Wissahickon Valley Watershed and the new waterfowl preserve in Ambler, Upper Dublin and Whitpain. Participants were encouraged to find the cards, take a “selfie” and post their best hand to UDPR social media pages. This increases UDPR’s social media presence. The next Park Poker Challenge will be hosted along with the Township Shade Tree Commission, with a focus on heritage trees in the township. An identifier will be placed on the heritage trees and residents will be encouraged to find them and take a photo with them to post on social media. This will run from August 13-19, 2018. Summer camps began last Monday and will run until Labor Day. KidZone (running until August 10) and X-Zone (running until August 17). There are still a few spots available for registration for X-Zone. There are currently 28 children benefitting from the Summer Camp Scholarship Program, with approximately $12,000 in support from fundraisers and individual donations. This program is based on the Free and Reduced Lunch Program with Upper Dublin School District. Families pay a small portion of the registration fee and the scholarship program funds the rest. Families who qualify from the scholarship program also qualify for the youth sports programs. The application that is filled out for the scholarship program is forwarded to the youth sports contacts if requested. The Sunday Evening Concert Series begins July 8th. The concert series is diverse in its musical offerings each week. UDPR is partnering with the Library for the second to last week of the concert series for a kids rock concert with Cat’s Pajamas. All July concerts are from 6:30-8:00pm and the August concerts are from 6:00-7:30pm at Temple Ambler. Concerts are free and take place rain or shine, as there is an indoor auditorium backup location. In May, construction began on a bridge at Burn Brae Park. The bridge is complete, but there is still trail work to be done to make the park more safely accessible. Several other bridges will be redone within the Township. Monitoring Ash trees for the Emerald Ash Borer will continue. To date this year, about fifty trees have been taken down. There are another forty scheduled to be removed at Robbins Park. UDPR is working with neighbors, when necessary, to safely deal with affected trees. Priority locations are roadways, utilities, trails and homes. While there are no confirmed reports in UDT, UDPR is monitoring 6 3
the Spotted Lantern Fly, which originated in Berks County. This is an invasive, southeastern Asian bug that feasts on twenty-five to thirty of our native trees, as well as local vineyards and orchards. The PA Department of Agriculture is overseeing the entire project from a state perspective and trying to figure out how to solve the problem. If the bug is not seen this fall, it will likely be seen next spring. To avoid the spread of the Spotted Lantern Fly, Timber and other firewood should not be moved around and should not be brought into UDT from other locations. Paige Wildasin, a senior at Penn State majoring in Recreation, Sports & Tourism Management, is the UDPR Summer Intern. She began on May 29th and will continue with the department through August 17th. She will be assisting in the office, at camps and in the parks. Paige’s internship project will be to design and construct the Township’s first raised-bed pollinator garden at Mondauk Common to create awareness of the importance of pollinators and pollinator plants. She will create educational signage and a pamphlet to be displayed on-site regarding the pollinator garden. She will also be creating a manual to distribute to Eagle Scout projects and UDPR staff to use. Through this garden, residents will be encouraged to plant more native plants at homes and to look at their yards as an extension of the natural world. UDPR plans to continue the installation of these gardens throughout the park system. Township Fundraising Events: On Sunday, May 20th, UDPR coordinated the 7th annual Upper Dublin Triathlon/ Duathlon/ Aquabike on behalf of the UDT BOC. The race had 411 pre-registered athletes, over one hundred race-day volunteers and raised over $18,000. Since its establishment, the race has raised over $150,000. Next year’s race will be on May 19, 2019. This year’s beneficiary checks will be distributed at the July Stated Meeting. Capital Projects: Replacement of the turf at SPARK, by Spinturf, began on June 11th. Barring any issues and the punch list being short, the fields should be open for fall sports practices. Both fields remain closed. The project is ahead of schedule and under budget, thanks to D’Huy Engineering and the Spinturf staff. The Upper Dublin Community Pool resurfacing work was completed last week. The pool is currently being filled. Because of the wet spring weather, the resurfacing project was delayed, which resulted in the Community Pool opening two weeks late on June 30th. Trail and Critical Sidewalk Updates: The Township was notified that it was awarded two grants for important community connections. A $50,000 MontCo 2040 grant was received for a sidewalk connection from the Tannerie Wood neighborhood to SPARK Drive along Susquehanna Road. A $750,000 TASA grant was received for a sidewalk connection from the Dreshertown Plaza to Jarrettown Elementary School along Limekiln Pike. UDPR is working with Boles-Smyth. These are two of the eight connections included in the 2016 critical sidewalk connections list. A decision needs to be made on how residents along these connections will be assessed. Upper Dublin Township’s 300th Anniversary: 2019 marks the Township’s 300th Anniversary of incorporation. UDPR has agreed to head a tricentennial committee, which was briefly discussed at the April PPL meeting. The Library, Administration and the School District have offered staff. With the BOC approval, an application process will be developed for residents to become involved in the committee. Without knowing a budget, Mr. Dureka mentioned that the UDPR would like to start the planning process. UDPR would 7 4
like to do quarterly events, such as a celebration parade, a community dinner on Loch Alsh Avenue, a family games night, a food truck festival along with bringing back Community Day, a winter/ice festival, and a full-scale Township-wide volunteer day. Suggestions are welcome from the BOC and the public. Discussion of the UDPR: Ms. Ferleger:
We should share tips with Township residents about how to prevent the spread of the Spotted Lantern Fly.
Mr. Dureka:
Residents visit the PA Department of Agriculture’s website for information. The UDT EPAB and UDPR have posted information on social media. The Spotted Lantern Fly looks for flat, smooth surface when building nests, so be aware of campers, trailers, trucks, etc. The nests look like a mud wasp nest. To remove the nest, scrape it off of the surface and place it in a bag of alcohol. The firewood and bulk lumber movement are important - if there are nests or adult Spotted Lantern Flies within the wood, we are helping them spread. The Spotted Lantern Fly is a short-distance flyer and is slowly spreading in PA.
Mr. Leonard:
The spread of the Spotted Lantern Fly is a multi-billion dollar problem. PA is the number two producer of hardwoods and that industry will be devastated if this bug gets out of the area. The Tree of Heaven, a type of tree located in UDT also known as Atlantis Tree, which resemble Black Walnut Tree and a Staghorn Sumac Tree, are of interest to the Spotted Lantern Fly. These trees are weed trees, so you need to be aware before cutting these down.
Mr. Dureka:
We are trying to establish a county-wide meeting where UDPR/ government agencies will be represented, along with golf courses, PennDOT and others to be sure that all are on the same page.
Ms. Ferleger:
Does UDPR treat any of the parks for ticks?
Mr. Dureka:
We do not and there is not really a treatment for ticks. There are deterrents that exist. What UDPR does is mow back the edges of trails. The Township also sponsors a Whitetail Deer Management Project. Ticks and Lyme Disease are not only dependent on Whitetail Deer, but the deer are a huge cause of the spread of ticks. The Township does not do any insecticide treatment at all. The Herbicide treatment applications are for weeds.
Dr. Scarpello:
When will the SPARK field project be complete?
Mr. Dureka:
It should be done by the beginning of the fall season in early August. An announcement will be made through email and social media.
REPORT OF THE ENVIRONMENTAL PROTECTION ADVISORY BOARD (EPAB): Ms. Knight reported on the activities of the EPAB as follows: 8 5
Ms. Knight discussed the Spotted Lantern Fly. An EPAB member, Mike Haas, has contacted a representative from Penn State Extension. He has arranged for a community education presentation at the UDT Building on October 3, 2018. This will help educate residents on what they can do to help stop the spread of this invasive insect. More information will be posted in the fall. Graham Copeland attended the EPAB May meeting and discussed the latest Transportation Demand report for the Fort Washington Office Park. They discussed ways to encourage commuters to use modes of transportation other than their cars. Mr. Copeland requested that the EPAB put together a wish list of environmental projects in the office park for the future and to send an EPAB representative to an upcoming Economic Development meeting to discuss those issues. At the June EPAB meeting, they met with a developer of 122 Jackson Avenue and heard preliminary plans to develop two twin dwellings on the property. The EPAB does not have major concerns with the plan, but asked that the developer reconsider the plan to take down two mature trees at the rear of the property. They also questioned the two underground stormwater basins and if they could adequately manage the stormwater runoff for the property. The EPAB requested that at least two inch stone be used in the basin. Also at the June EPAB Meeting, the board heard from Bill Sabey, who is a representative of the Plymouth Meeting Township EPAB. He introduced the Ready for 100 Renewable Energy Initiative, sponsored by The Sierra Club. Plymouth Meeting is developing a resolution to switch to 100% renewable energy sources by 2035. The hope of this initiative is to build partnerships between municipalities to purchase clean energy for a lower price. The EPAB plans to discuss the details further at their July meeting. REPORT OF THE PLANNING COMMISSION (PC): Rick Barton reported on the activities of the PC as follows: According to attorney Joe Kuhls, LCB, a Massachusetts company, has decided to withdraw the rezoning application for their proposed assisted living facility off of Pennsylvania Avenue in Fort Washington. The PC also reviewed an application for 122 Jackson Avenue and recommended preliminary plan approval for the project. The PC is involved with the project for the new zoning district for the office park, called GFW (Greater Fort Washington Zoning District). Tom Comitta, a planning consultant who specializes in mixed-use development, is assisting the Township with the project. The project would involve significant changes to the office park; it would allow the construction of apartments and condominiums and would also do away with the motel district and permit them within the GFW district. The major concern with this project is density. A few questions that arise are: to what height would the buildings be allowed and what density should be allowed for apartments and condominiums? The PC is working on an idea that has been used by other municipalities called “form-based zoning,” which specifies a maximum height, maximum coverage on the site, and creates architectural standards for buildings within a boundary. From there, the architect and engineer decide how many units they can build within that boundary. The PC will be looking at examples of form-based zoning in July and will look at the overall GFW district in August. DISCUSSION ITEMS: 9 6
Mattison Estates Castle Maintenance Due to a conflict of interest, Ms. Ferleger recused herself from this discussion and Ms. Ferry took her place. Ms. Gushue explained that the meeting’s discussion should only be centered on the Mattison Estate Castle, and that all other discussions regarding the property would be considered fait accompli (decisions are already made and would not be revisited). Mr. Matthew McHugh, an attorney from Obermeyer, Rebmann, Maxwell, and Hippel representing the South Bay Partners (the equitable owner and proposed developer of the senior living facility at the Mattison Estates), introduced himself and his clients, who were present in the audience. Mr. Leonard:
Introduced Amy Ricci from the Philadelphia Preservation Alliance. The developer is present at the meeting, per his suggestion. The development has all approvals, except for building permits, and that the developer has been compliant with all aspects of the decisions made by the BOC, with the exception of the decisions on a covenant regarding the preservation of the Mattison Estate castle. While the conversation with the committee this evening would be beneficial and helpful, the best course of action might be to forward the discussion to the full BOC.
Mr. Brooman:
Some decisions will need to be approved by the full board.
Mr. McHugh
The current owners of the Mattison Estate property (Sisters of the Holy Family Nazareth) adopted and recorded a declaration against the property in 2014. One of the contingencies was the concept of a re-zoning ordinance, which contained covenants. Lindenwold Residential Associates, LLC obtained a conditional use approval in May 2017 and a preliminary land development approval in March 2018. One of the main aspects of the 2014 declaration is the preservation and maintenance of the historical elements of the Mattison Estate: the castle, Sunken Garden, stone entrances, gatehouse and iron gates, stone walls, lake and retaining walls, gazebo, formal gardens, view corridors, statuary and the spring house. There is an affirmative obligation from Lindenwold Residential Associates, LLC to incorporate the historic elements into the development and preserve/maintain them. Lindenwold Residential Associates, LLC’s land development plans separate the property into five different parcels: residential, senior living, castle and two gatehouse parcels. Lindenwold Residential Associates, LLC, with the Philadelphia Preservation Alliance, have documented all preservation and maintenance of these historic elements.
Ms. Gushue:
The items being discussed were already decided upon and would move ahead “status quo;” that the only item they were discussing at this meeting is the preservation of the castle.
Mr. Leonard:
Each of the gatehouses would be sold as separate properties and that the preservation and maintenance of the historic elements would be the responsibility of the individual owners. The entire structure, in terms of the land development agreements, predicate that the owners would post bonds for these improvements, such as installing a sprinkler system in the castle, right away. 10 7
Mr. McHugh:
The castle restoration will happen, regardless of who owns the property as an obligation based on the 2014 declaration, and there will be a use for the castle.
Ms. Ferry:
Does UDT have the right of first refusal if the current owners want to sell the castle?
Mr. Leonard:
The Township does not have a right of first refusal, but if there is a default on the property, the Township could step in.
Mr. McHugh:
There are plans for Lindenwold Associates, the residential sale center and the senior living operator have offices in the castle. The issue they are finding with the 2014 declaration of the Mattison Estate is that the document creates “joint and several liability” for the future maintenance of the castle. This means if an owner were to default on the property, the Township would have the right to sue each of the individual property owners to cover the obligation for the preservation and/or maintenance of the historic elements. South Bay Partners does not believe that the documents state that. We propose that the declaration be terminated, with the idea that Lindenwold has complied with all other elements of the declaration.
Ms. Ferry:
Would that need to be discussed with the entire BOC?
Mr. Leonard:
Any change to the 2014 declaration would need to be brought to the full board. Is South Bay Partners ready to enter into the land development agreements, with the exception of the issue that Mr. McHugh is discussing?
Mr. McHugh:
We are ready and the issue is with the 2014 declaration, not anything in the land development agreements. If the declaration were to be terminated, South Bay Partners would put $225,000 into an interest-bearing escrow account to cover the future cost of the maintenance of the castle, only in the event of LRA defaulting on the maintenance obligation.
Ms. Ferry:
I am concerned with $225,000 being the amount of money put aside for the type of maintenance that could be required.
Mr. McHugh:
The $225,000 amount would cover an estimated 20 years of maintenance on the castle property after the initial restoration is completed, only in the event that LRA or a future castle owner were to default on their obligation.
Ms. Ferry:
What is the estimated cost of the castle restoration?
South Bay Partner:
The restoration would cost slightly over $1,000,000.
Mr. Brooman:
That is the estimated cost for the restoration and it would be covered under a different land development agreement. 11 8
Mr. Leonard:
What would happen to the castle preservation after the estimated 20 years, if Lindenwold were to default?
Mr. McHugh:
We feel that 20 years is a sufficient amount of time for the Township or the Philadelphia Preservation Alliance (PPA) to find another owner of the castle.
Mr. Leonard:
Regarding Ms. Ferry’s question and the $225,000 estimate, the number and the mechanism is currently under review by the Solicitor's office and the Philadelphia Preservation Alliance, and that the number came from Lindenwolds’ (LRA) historic resource experts. The number presented by Mr. McH has not been agreed upon by the Township. I recommend that the 2014 covenant with the new changes go back in front of the full BOC for discussion.
Ms. Ferry:
The covenant should be circulated to the Board again.
Ms. Gushue:
I want to make sure that the PPL committee with LRA and South Bay Partners agree on the amount of money for the interest-bearing escrow account before discussing with the full board.
Mr. Brooman:
The Solicitor’s office is working with Amy Ricci from the PPA to vet the amount of money that maintenance of the castle over 20 years would require.
Ms. Gushue:
Who would determine what the end-use of the castle would be if the owner were to default on the property and if there would be any stipulations on the use of the building.
Mr. Brooman:
As of the date of this meeting, there are no stipulations on use of the castle if the owners default, but the PPA would dictate who and how it would be used.
Mr. Leonard:
The $225,000 number seems inadequate for 20 years of maintenance. The total investment for the property is $125,000,000 to $150,000,000. The gravity of the request that Mr. McHugh is making cannot be overemphasized. The covenants and the land development agreements were based on the idea that an owner, other than UDT, would maintain the property. What would prevent LRA from defaulting right away and leaving the castle to the PPA or UDT to sell, maintain and/or find another use?
Mr. McHugh:
The owner has no intention of defaulting right away and there are plans for the future use of the castle.
Mr. Brooman:
There are at least three leases planned for the space, but that they still need to be developed.
Mr. McHugh:
If Lindenwold were to walk away from the property, UDT would sue the individual owners; in this case UDT would have $225,000 (or another agreed upon amount of money) immediately placed as a cash backstop for preservation 9
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and maintenance. Ms. Ferry:
Please explain the escrow referred to by Mr. McHugh.
Mr. Brooman:
The money would go into escrow, and would either be in UDT’s hands, or would be in a fund that accrues interest.
Mr. Leonard:
The amount of money in the fund would be cash that can be used immediately in the event of a default.
Ms. Ricci:
The PPA charges a $120,000 fee, which covers administrative fees for monitoring the property in perpetuity and some goes to a reserve, to cover any legal expenses that may arise. Monitoring of the property will be frequent for the first year of restoration and preservation; and the PPA has the right to enforce the covenant in perpetuity, per the easement documents. If the work is not being completed by the developer, the PPA could take money from the escrow fund to have the work completed.
Dr. Scarpello:
Does the PPA oversee the decision on what restoration and preservation occurs?
Ms. Ricci:
The Alliance has approved the preliminary plans in concept because they do not yet hold an easement of this property.
Mr. Brooman:
All preservation details and approximate costs were worked out before approval was sought from the BOC for land development. The issue was created when it became clear that the castle was going to be subdivided from the rest of the property and would have a separate use. If the owners were to default, UDT could not look to any of the owners for responsibility of preservation and/or maintenance, other than Lindenwold.
Ms. Ferry:
Has the issue come up because LRA no longer wants to maintain the castle, as originally discussed?
Mr. McHugh:
That is not the case and the owners have an affirmative obligation to proceed with the restoration and preservation of the historic elements of the property. The cash contribution would be only a substitution of the UDT’s right to sue the owners, only in the event that there is a default on the property. The cash contribution will be there forever; the money never expires and would be in the hands of the Township or the Preservation Alliance for possession and control.
Mr. Leonard:
Mr. McHugh, is it overly optimistic to suggest that the developer would complete the justification analysis for the $225,000, complete the agreement with the Preservation Alliance and complete a lease arrangement before the July 10th BOC Stated meeting?
Mr. McHugh:
It is the intention to have additional information by that meeting. 13 10
Mr. Brooman:
There probably would not be any hard details for the BOC by July 10th, but there could be conceptual information and details to discuss.
Mr. Leonard:
I would like the developer to look at what the cash amount would be that would preclude any situation where the taxpayers would be responsible for the preservation and maintenance of the castle.
Ms. Ricci:
The PPA looked at the $225,000 number for maintenance and carrying costs of the castle, which includes taxes, utilities, insurance, etc. The preliminary estimate is $50,000 per year. The BOC and Mr. Brooman confirmed that with that estimate, the $225,000 would not cover anywhere close to 20 years of maintenance, as Mr. McHugh presented. If for some reason the Alliance were to come into possession of the castle, they would have no intention of keeping and maintaining the castle, but would try to sell it within an estimated 2-3 years. The preservation covenants would remain attached to any sale. The $50,000 per year estimate does not take into account any revenue from leases. If the Alliance were to not maintain the building, but looked at the bare minimum, the “mothballing” fee would be $20,000 per year.
Mr. Leonard:
The castle does not currently have protection, but once the covenant is put into place, the property will be protected in the future from owner to owner. Mr. Brooman, could you confirm that if the developer were to walk away right now and the sisters, who currently own the property, were to do nothing with the property nor sell it, the twelve historic assets on the property would essentially go away because there is currently no protection on them?
Mr. Brooman:
That is correct.
Mr. Leonard:
With that in mind, the BOC understand that developing the property with a private developer would be the best way to preserve and maintain the historic elements. There could be a way for the substitution of the right to sue with a cash contribution, for the right amount of money, to work. The best protection of the castle with this development is that there will be residents in the senior living facility who will be facing the castle. The developer will need to keep those residents happy by maintaining the castle property and would not be able to sell or rent those residences if the castle is not maintained.
Ms. Ferry:
There is a general frustration within the community because the plan for the property has changed in many ways since the initial vote five years ago.
Ms. Ricci:
It is rare to have a cash contribution attached to a historic building.
Ms. Gushue:
The amount of money for the cash contribution needs to be discussed and confirmed. The responsibility of preservation should not fall to the taxpayers. The castle defines an area and needs to be maintained in perpetuity; it is a part of the history of the Township and the region. 14 11
Mr. Leonard:
The Township, at the expense of the private developer, brought in an independent engineer to look at the lake on the property. Perhaps the endowment should be independently reviewed; perhaps the castle could be independently appraised by the Philadelphia Preservation Alliance. The preservation of the castle is an essential issue.
Ms. Gushue:
The cash endowment acts as insurance that the castle would be maintained with the Preservation Alliance, should a default occur.
Mr. Leonard:
Mr. Brooman, could the BOCs’ final approval contain language that says every property owner, including South Bay, would be responsible for the preservation and maintenance of the castle.?
Mr. Brooman:
The 2014 covenant said that all historic assets would be preserved by the property owners and that UDT would have a right to lien the properties if there is a default. UDT needs a legal backstop in the deal and the numbers for the cash endowment need to make sense.
Mr. McHugh:
The proposal is still conceptual.
PUBLIC COMMENT: Donah Beale, The Historical Commission (HC) was unaware that an agreement had been Vice Chair, made with the PPA and that the 2014 covenant is in danger. She requested that Historical the HC be put back into the loop of discussion and would like to see the Commission: documents. Mr. Leonard confirmed sharing documents. Avis McClinton, North Hills:
The developer could walk away from the project and the responsibility of preservation and maintenance would be put onto UDT residents.
Ms. Gushue:
Thank you to the residents for coming to the meeting to listen to the presentation and for being concerned with the project.
Mr. Leonard:
It is incumbent upon the developer to firm up details and numbers to discuss with the full BOC at the July 10th Stated Meeting.
Ms. Ferleger took her place on the dais after Ms. Ferry was dismissed. Discuss Human Relations Commission Ordinance Amendment: Mr. Leonard:
There is a recommended draft ordinance, which the BOC will be asked to consider at the July 10th Stated Meeting. The Human Relations Commission would like the definitions of “persons” and “protected classes” to be clarified, as well as other updates. None of the updates are substantial, but they are important based on the public meetings and resident feedback. 15 12
Ms. Gushue:
The updates help to make the definitions clear.
Mr. Brooman:
The language in the recommended update is better.
Discuss Open Space Fee: Mr. Dureka:
UDT has an ordinance that states that developers of new dwellings, for three or more dwellings, must contribute $1,500 per dwelling, which goes to an Open Space Fund (OSF). The OSF can be used for maintenance, development of new open space, etc. The ordinance was passed by the BOC in 1990 and the fee was originally $500; in 1995, the fee was increased to $600; in 2003, the fee was raised to its current amount at $1,500. UDPR is looking at increased maintenance and equipment costs, and the amount of open space left within UDT, along with the anticipated need of this space in the future, and would like the BOC to consider increasing the contribution fee for future development (an increased fee would not affect any development already in process). Bucks County has a much higher Open Space Fund contribution fee and they place a higher value on preservation than UDT does. He and Mr. Tom Fountain, Township Engineer, looked at the National Recreation Parks Association (NRPA) standard and their recommendation for developed open space, which is 6.25-10.5 acres per 1,000 residents. This number is based on square footage per person in the open space and utilization. With that in mind, Mr. Fountain’s calculation on the value of land in UDT is $13,000-$23,000 per dwelling, due to the amount of open space available and the Township’s population. A sliding scale could be used, based on the number of dwellings a developer is building, which would determine the amount of developed open space required.
Ms. Gushue:
Look further into this and bring a number to the full BOC. This update would affect larger, denser developments.
Mr. Leonard:
Do you see the $1,500 fee as too low compared to other townships?
Mr. Dureka:
The UDT fee is about the same as other townships in Montgomery County, but no township has any real mathematical reasoning for their fee amount.
Mr. Leonard:
I would like a review of the case law by the Solicitor’s office for verbiage and terms used in the ordinance for the best understanding by future developers.
Mr. Dureka:
When full development goes through with the Regency Development, Promenade, Mattison Estates and the other BT Development project, the total income for the Open Space Fund will be over $1,000,000, which will be for capital expenses for the Township’s open space. 16 13
Dr. Scarpello:
How much available land is in private hands that is not developed?
Mr. Leonard:
Aside from golf courses within UDT, it is 97% developed.
Dr. Scarpello:
Mr. Dureka, do you prefer that development in Fort Washington result in more open space or that fees will come from redevelopment?
Mr. Dureka:
Both the Promenade mixed-use development and the Mattison Estates development have plans for parks and/or restoration of open space and accessibility for the general public.
Mr. Leonard:
Would the Solicitor’s office review the current ordinance and make recommendations? Mr. Dureka will need more concrete information by the 2019 budget discussion.
Discuss Preliminary Subdivision Plan for 122 Jackson Avenue, UD#18-01 John Anderson with Cornerstone Consulting and Derek Coleman of DHF, Inc. gave a presentation and time for questions regarding the property. Mr. Coleman:
We are looking for rezoning approval to take the property into NH zoning district to allow for a four lot subdivision. The current single family lot would be subdivided it into four lots (two twins). We would comply with the request from the EPAB’s request to preserve trees behind the current home and are agreeable to Mr. Fountain’s request to look at stormwater management for the property and with installing sidewalks.
Mr. Leonard:
The developer is seeking preliminary approval of the subdivision from the BOC at their July 10th Stated Meeting and they are agreeable to the deferment of road widening and offer dedication of the right-of-way.
Ms. Gushue:
The installation of sidewalks is important. Would the homes be similar to the townhomes that are currently in the surrounding neighborhood?
Mr. Coleman:
Yes.
Mr. Brooman:
There is a covenant on the property, so certain rules will be set in place.
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ADJOURNMENT: There being no further business to discuss, Dr. Scarpello motioned, with Ms. Ferleger seconding, to adjourn the meeting. VOTE ON MOTION
ALL YES
MOTION CARRIED Respectfully submitted,
______________________________ Rebecca Lohoefer, Recording Secretary Attest:
_______________________________________ Rebecca Gushue, Chairperson
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