Here is Thursdays Board of Commissioners meeting agenda with detail.
Vertek Conditional use application

We will tackle the final discussion and deliberation on a warehouse conditional use application for Vertek Construction Management. As a matter of background: Lower Mac hires special counsel ahead of warehouse conditional use hearing. 

The facility was originally proposed as a 180,000 square-foot warehouse with 20-30 dock doors located on a roughly 12-acre parcel at 3262 Schoeneck Road.

Over the last few weeks, we held a number of extensive public hearings on the application. All told taking in approximately 12+ hours of testimony from the applicant, special counsel, experts and neighbors including townships resident and residents of neighboring communities who wished to speak. Many from Alburtis Borough including the Mayor offered testimony.

Note: Because these hearings are judicial in nature, the official record for the hearing closed at the conclusion of the final hearing. So, commissioners cannot entertain additional public questions or comments Thursday. By law, we can only take into account the official hearing record when rendering a decision. We can only consider what was presented to us during the hearing. In this case over 12 hours of testimony.

Also we must make a decision only based on criteria laid out in the MPC and zoning ordinance. These items include our local zoning code’s general criteria which are listed below:

Does the application/Is the application:
1. In accordance with the Lower Macungie Township Comprehensive Plan and consistent with the spirit, purposes and intent of the ordinance.
2. In the best interests of the Township, the convenience of the community, and the public
welfare.
3. Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
4. In conformance with all applicable requirements of the Zoning Ordinance.
5. Suitable in terms of permitting the logical, safe, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection.
6. Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard.

The board has the following options:
Do nothing. However if we fail to render a decision within 45 days of the last hearing, the
application is be deemed approved.

Approve with or without reasonable conditions. Reasonable conditions
are those that advance a valid zoning interest and are supported by evidence of record.

Deny the application. If we do so, we must cite in detail sections of the zoning ordinance, MPC, or any other ordinance or regulation relied upon and the reasons why the application does not meet them.

A final note:

• Lower Macungie removed warehouses from the zoning code in the Spring of 2017. However, this application was grandfathered in before new rules took effect. (as often happens since developers become aware of changes when the township advertises ordinance updates which we are required to do by law . . ) So, the fact warehouses are no longer allowed in this zone cannot be taken into account with this decision. Once an application is grandfathered they retain all their vested legal rights.

Also at Thursdays meeting:
We will accept with regret the resignation of Melissa Burchett from the Zoning Hearing Board. She served for just about 2 years. Unfortunately, her husband got a job out of state and they are moving. She was a valued member. Best of luck to Melissa and Brad. We always need volunteers to serve on various boards and commissions but the zoning hearing board is of particular importance since they make decisions on zoning relief independent of the BOC.

The 6:45 executive session will cover personnel and real estate issues. Both permitted discussions per the sunshine laws. More information coming on the 2nd part as soon as we can relay

Finally, there will be a discussion on whether or not the township should take ownership/dedication of additional public roads associated with a small development proposal off Elbow Ln. This issue warrants it’s own post which I will try to draft before Thursday.