Hanover Borough Council Zoning Ordinance Amendment Public Hearing, Sept. 28, 2022 President Reichart convened the public hearing of Hanover Borough Council for a Zoning Ordinance Amendment Public Hearing on Wednesday, September 28, 2022 at 6:30 PM in the Hanover Borough Council Chamber, 44 Frederick Street, Hanover, PA, as advertised. The meeting was conducted inp person and via Zoom Webinar with video presentation. Onr roll call the following answered as present: Mr. Fuentes, Mrs. Funk, Mrs. C. Greenholt, Mr. G. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lockard, Mr. Reichart, Mr. Roland, and Dr. Rupp; Mayor Whitman; Solicitor Shultis, Secretary Felix, Zoning Officer Miller and Stenographer Karen President Reichart announced thatt tonight is the time set for Hanover Borough Council to hold a public hearing to obtain comment from the public and to discuss the text and map oft the proposed new Zoning Ordinance Amendment oft the Borough of Hanover, proposed Ordinance No. 2330. Mr. Reichart stated he would now turn the meeting over to the Solicitor to moderate tonight's Solicitor Shultis thanked President Reichart for hisi introduction and made thet following statement: "lam Tim Shultis, the Solicitor tot the Hanover Borough, andI will be facilitating the hearing this evening. In addition to the Council members and staff participation, we will provide an opportunity for verbal comment following the presentation of On August 19, 2022 a copy of the proposed zoning ordinance amendment, Ordinance No. 2330, was sent to the York County Planning Commission for its review. We received correspondence on August 30, 2022 from YCPC that it will not be able tor review the proposed: zoning ordinance amendment until its meeting On August 22, 2022 a copy oft the proposed ordinance amendment was sent tot the neighboring municipalities, Penn Township, Conewago Township, Oxford On September 1, 2022 and September 8, 2022, the Legal Notice and thel Intention On August 26, 2022, written notices listing the location, date and time of the hearing were mailed by First Class mail to all of the properties located within the area being rezoned as listed in Exhibit A of the proposed zoning ordinance amendment to the addresses to which tax bills are sent as evidenced by the tax On August 29, 2022 an attested copy of the proposed zoning ordinance was sent tot the York County Court Administration for filing in the county law library or other While this zoning ordinance amendment was prepared by the Hanover Borough Planning Commission byl letter dated September7,2022, the HBPC didt take action tor recommend that Council adopt the proposed zoning ordinance amendment. On September 19, 20, 21, 2022 each property affected by the map changes was posted at points deemed sufficient by the Borough to notify potentially interested The proposed ordinance, Ordinance No. 2330, contains Exhibit A which is the proposed revised official zoning map oft the Borough as well as a listing of all oft the properties affected by zoning map change. In the course of the public notice process, it was determined that there was an error in the listing of the properties Seven (7) properties were misidentified in terms of the proposed new zoning district which was changing from M to R5. Those properties are: 263 Third Street Building 18 &2,261 Third Street, 257-259 Third Street, 255 Third Street, 251-253 Third Street, 249 Third Street, and 249 Third (Rear) Street. As to these seven  Brown.  public hearing.  Director Mains and Planner Rairigh.  on October 18, 2022.  Township and Berwick Township for their review and comment. to Adopt was published ini the Hanover Evening Sun.  records within the possession oft the Borough.  county office designated by the York County Commissioners.  citizens.  contained in the Exhibit A.    Hanover Borough Council Zoning Ordinance Amendment Public Hearing, September 28, 2022  Page 2  Fifteen (15) properties were listed within Exhibit A as changing zoning districts when in fact they are not changing zoning districts. Those properties are: 825 Broadway, 821 Broadway, 819 Broadway, 815 Broadway, 805 Broadway, 803 Broadway, 918 Broadway, 914 Broadway, 904 Broadway, 822 Broadway, 818 Broadway, 806 Broadway, 460 Grant Drive, 800 Broadway, 795 Cherry Tree Court. As tot these 15 properties, revised written notices were mailed by First Class mail on September 6, 2022 tof fourteen (14) properties, but not to 795 Cherry Tree Court because the original noticel letter dated August 26, 2022 was returned tot the Because the Borough will have to substantially revise the proposed zoning ordinance amendment (specifically the list of properties in Exhibit A), the Borough will need to have another public hearing pursuant to public notice, mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment. Additionally, the Borough will havet tor readvertise its notice ofp proposed enactment setting forth all oft the detail together with a summary oft the amendments. We will  Borough byt the post office.  address these procedural matters further down ont the agenda.  President Reichart asked Mr. Mains to come forward. Presentation by DPE Mains/Planner Rairigh  Mr. Mains, Director of Engineering & Planning summarized the history behind the zoning ordinance amendment. He stated when the Borough adopted the original zoning ordinance amendment, it was determined that proposed amendments would occur within approximately, six (6) months for suggested changes after the ordinance was in place. Mr. Mains introduced Mr. Mr. Shawn Rairigh, Gannett Fleming Planner described his background and position. He gave an overview oft the zoning ordinance amendment process and background. He noted both staff and the Planning Commission have been keeping at tally of needed changes as feedback was received. The process for the amendment began in December 2021 and continued through August 2022 this year. He noted the short term rental amendment that was passed last yeari is  Shawn Rairigh, Gannett Fleming  incorporated int the current ordinance draft.  Mr. Reichart asked citizens with questions to come forward.  Public Comment Period Tree development.  Terry Cromer, 729 Spruce Drive: Mr. Cromer asked what changes would occur int the Cherry Mr. Mains noted therei is a zoning hearing that will be scheduled the third Monday in October. Mr. Paull Minnich. 100 East! Market Street, York,PA 17401: Mr. Minnich stated that he represents JAI Myers and Royal Building, Inc. who owns the Cherry Tree Development andt they received the proposed zoning notice change of their property from R-5 to R-1. Mr. Minnich noted the special exception request that they submitted was in time to be considered under the current zoning Dr. Trent Nichols, MD,721 Ashl Drive, Hanover,PA: Dr. Nichols stated! his concernt that the school system will not be ablet tol handle: ani influx of children, which may come with a multi-family dwelling Mr. Kenneth Wright. 15 West Hanover Street. Hanover.PA: Mr. Wright stated his support of the proposed zoning changes. He is concerned with an increase in population density and the potential effect on the school system. Mr. Wright thanked the Borough officials for their work on Solicitor Shultis stated! he received al letter from Markl Kauffman, 745 Spruce Drive, Hanover, PA, and he asked if Mr. Kauffman (who was on: zoom) if he had any public comment related to his  This discussion is not related tot that hearing.  ordinance and will not be affected by the proposed amendment.  apartment unit development.  the proposed zoning revisions. Public Comment Period  letter.    Hanover Borough Council Zoning Ordinance Amendment Public Hearing, September 28, 2022 Mr. Mark Kauffman, 745 Spruce Drive, Hanover, PA: Mr. Kauffman stated that he had noi further  Page 3  comment other than his letter, as long as Council received a copy of his letter. President Reichart closed the public comment portion of the hearing.  Presentation of Amended ExhibitA  Solicitor Shultis distributed a revised affected property list with corrections to Council which will become Exhibit A and stated that Council willl be asked to approve this revision to the proposed 7:07PM: It was moved by Mr. Roland, seconded by Mrs. Greenholt to recess the public hearing and move to continue the public hearing until October 26, 2022 at 6:30 p.m. in the Hanover Borough Building, 44 Frederick Street, Hanover, PA pursuant to public notice, mailed notice and e-notice, ifa applicable, pursuant to 609 of thel Municipalities Planning Code (MPC). Mrs. Funk questioned Mr. Mains about accessory dwelling units in the proposed zoning amendment. She expressed concerns about garages being used as bedrooms, which seems to beac currentt trend. She askedf fort thati item tob be addressed and clarified under accessory dwelling units. She asked Mr. Mains about ther meaning of "bulk requirements in the proposed ordinance. Mr. Mains stated the term "bulk requirements" refers to general lot requirements, setbacks, dimensional items, lots size, etc. Mrs. Funk askedf for this definition to be clarifiedi int the ordinance. Mr. Mains stated this is ani industry standard term, however he will review her request.  zoning ordinance amendment ati its business meeting following this hearing.  Mrs. Funk askedt that she be allowed to ask a question.  Motion carried.  Respectfylly submitted, Dorothy Borough 22  Secretary