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.

Beitler Press Release

**UPDATE: The board voted unanimously 5-0 to move this forward. Closing is scheduled for September 2018.

If passed, it will be the single biggest (in terms of acres) and most transformative (in terms of impact) preservation win in Township history.

The property in question has been referred to as the “Weiner Tract” (a reference to the family who owns it). It’s indicated a preservation priority on the adopted Township official map which outlines our preservation strategy. It’s the largest single remaining piece of farmland left in Lower Mac. One that is otherwise zoned for development and as such could be built out ‘by right’ (meaning nothing we could do to stop it) with what could be between 150-250 units. The impact of which would be widespread on the school district, our road network, stormwater management and our ability to provide services.

The property is located along Brookside Rd, Sauerkraut Ln. and Macungie Rd. It’s adjacent in parts to multiple neighborhoods including: Fairways at Brookside, Wild Cherry Knoll, Hillside School, Waterfall Crossings, Indian Creek Village and nearby Millbrooks Farms.

Here is what is proposed for preservation:

This property is roughly 185 acres of which 150 is developable land in the heart of the township.

The purchase price would be just over 5 million dollars. (Remember, this land is zoned for development). The price is based on an appraisal and accounts for the fair market value of the property. The township has additional ideas we are considering which will be outlined in detail on Thursday. This includes how we could acquire the property taking it off the market (eliminating the threat of development) and then apply it for permanent preservation via the Lehigh County Farmland Preservation program. The property at one time ranked number 1 in terms of the County ranking system according to soil quality and development threat.

Next, after the land is preserved, many options would be on the table as to what happens next. For exampe, the property could be sold as a permanently preserved farm, the township could keep a portion to expand the municipal campus and we could integrate the area around the swabia into the township greenway. (something that is planned for on the Greenway master plan) Many of these options involve re-couping much of our initial investment.

*Note, this initiative is being proposed without any tax increase or additional debt.

My thoughts:

In 2013 we had a mindset change enacted by residents at the ballot box. Commissioners including myself were elected to pursue smarter growth policies. Where we can save open space, we explore it. Where we can’t, we seek higher quality development in the right locations where infrastructure exists to support it. Our preservation strategy that began to take shape in 2014 reflects that.

For 4 years now, we’ve worked to set the township up financially for flexibility to respond to opportunities just like this one without the need for tax increases or debt. We also adopted an official map laying out important parcels for preservation. (A necessary item for transparency). And lastly, we engaged landowners proactively working together to identify opportunities.

This is the result of that work. I support the preservation of this property.

What will our community look like in 20 years?

When I speak to folks about the future of our township I talk about a community at a crossroads. The photo below taken by my friend Jeff Zehr (former director the Lehigh County Pres. program) symbolizes that.

This proposal will go a long way to ensure our community remains the wonderful place it is today by preserving and permanently protecting almost 200! additional acres of absolutely prime farmland in a centralized location. One that is otherwise zoned for development and could if not preserved be developed with almost 250 units.

This is an incredible opportunity. And I want to thank the family who owns the land for working with the township.

Questions? – Contact me here at Ronbeitler@gmail.com or leave a comment below. 

-Ron

Lower Mac in the News

Today in Washington DC, our US Congress passed one of the swampiest bills ever conceived in the most un-transparent way possible. And they did it with bipartisan support. In doing so, members had less than 24 hours to read, digest & consider over 2200 pages. Result? $1,300,000,000,000 bill that adds billions to our runaway national debt. Honestly, it seems the only time the two parties cooperate is when they really want to stick it to us.

Earlier, in Harrisburg – Four months late – elected leaders passed their spending bill. But they did it before locking down a revenue plan. So surprise! There was a gaping hole. So, they turn to gimmicks & band-aids. Massive borrowing, yet another expansion of gambling. The result? With nothing fixed, we’ll face the same problems again next year.

Meanwhile in Lower Mac we passed a budget (once again) on time and managed to actually reduce our planned general fund spending by about 6% year to year. Of course, it’s not always without tough conversations. Note, I personally voted against advertising (one step in the process) 2 of the 4 budgets we considered since I became a Commissioner. But, we get through it.

So ya.
I think career politicians in DC and Harrisburg can learn something from local government. 

Back to DC. Remember in 2010, we were promised by party leaders a new age of transparency as part of the contract with America? It stated, “We’ll ensure bills are debated and discussed in the public square by publishing the text online for at least three days before coming up for a vote in the House. No more hiding legislative language from the minority party, opponents, and the public. Legislation should be understood by all interested parties before it is voted on.”

The Omnibus completely ignores this. Is it really too much to ask? 3 days to review a 2000+ page spending bill?

So, I want to share the process we use here in Lower Mac. Which actually honors the tenants laid out in the above contract.
***Yes, obviously State and Federal budgets are absolute beasts compared to ours.
But the same principles do, can and should apply. 

1.) We start very early. Our process begins in August. 5 months before the budget is due.

2.) Decision makers get materials early.  Commissioners get draft budget book by September and then have full access to staff to question, suggest and critique.

3.) Residents then have ample opportunity to make suggestions and offer comment. Each year the Board holds no less than 2 but normally 3 full public hearings. All not only open to the public to participate but also simultaneously webcast on our website and also broadcast on television.

4.) The full budget is made available online to residents through multiple avenues. We make the full draft budget available for public review and scrutiny almost a full month before the Commissioners final vote.

I do think our process is particularly transparent. But other localities do similar. Again, I think DC and Harrisburg can learn a thing or two.

I’ll leave you with this: Our Federal Government spends nearly $7 million per minute, the national debt will reach $24.9 trillion by 2027. The Social Security trust fund is already insolvent. The highway trust fund is insolvent. And this is the same federal government that states rely on to fund many essential services. We’re heading off the cliff folks. We’ve known this for awhile, but lately it doesn’t seem like most career politicians even bother to pretend they care.

21 Trillion and counting. . . 

national debt

Ya, I’m pretty ticked off. As a taxpayer I’m tired of getting thrown under the #Omnibus. #TermLimitsNOW

Congress’s “One Spending Bill to Rule Them All” is a Debt-Fueled Disgrace.

Photo from the Morning Call

I’m truly dismayed by Lehigh Valley Hospital’s decision to sell to a developer instead of negotiate with the township to preserve a 54 acre property on Lower Macungie Rd. and Cedar Crest Blvd.

Below is the relevant background on this issue since it’s a story that goes back a few year:

1.) Lower Mac rolls out township wide preservation strategy indicates willingness to work with Wildlands.

Beginning more than 2 years ago, the township drafted and adopted an official map of preservation priorities. That July, a letter of intent to purchase the Farr property was submitted by the Wildlands conservancy with the support of Lower Macungie Twp. The offer was for an appraised value by a to-be-determined appraiser agreeable to both parties. The Farr Tract was identified on the map as desired for farmland preservation. To that end, we planned for and funded a line item to participate in any preservation opportunities. Moreover, we stood ready and able as willing partners to work with the Wildlands to preserve this specific property. It was likely that the property could have been purchased, then preserved permanently through the Lehigh Co. Farmland Preservation program and then either sold as a preserved piece of land or maintained by either the township or the Wildlands. The end result would have been permanent preservation.

2.) Lehigh Valley Hospital rolls out highly impactful development plan
Next, in February of 2016 Lehigh Valley Hospital submitted a highly impactful 94 unit land development proposal for the site. Since Cedar Crest Blvd. is a PennDOT identified congested corridor this was immediately concerning. The site is access constrained and presents many planning problems. It also included a proposal for 94 individual private wells. The township planning commission expressed reservations through a series of meetings well attended by the public. The developer at this point requested a rezoning change that the township Board of Commissioners rejected.

Morning Call: LVHN seeks to subdivide land that Wildlands Conservancy has offered to buy to preserve.

Despite being a very poorly designed plan that basically “shoe horned” as many units as possible onto the site, it was understandable that the trust and hospital submit it – as they were trying to determine highest and best market value. The property at the time was being advertised for over 3 million dollars. Most familiar with land sales in the township understood that this amount was high. That position of course was justified by the eventual sale price. The township made it clear that the amount of units proposed was problematic for all the reasons listed above.

3.) Much less impactful alternative plan presented. Township supportive.
Next, after feedback from the township that the 94 unit plan was so concerning another developer (Lou Pektor) came into the picture with a 17 lot estate plan. This would have meant 2-3 acre lots billed as “million dollar homes”.

Lower Macungie gets first look at plan for $1-million-plus homes on Farr tract

The township was very receptive to this plan as the unit count went from 94 to 17. An 80% decrease in impact. An obvious win for the community. It also allowed the township to keep our preservation irons hot for other projects on our preservation roadmap. We stood ready to work with the developer to make this project happen. The sketch plan went through at least one planning commission review and was positively received by residents.

4.) LVHN significantly reduces asking price, but does not contact the township. 
Before we got the news that the property sold for well under advertised price, above was where we stood. We believed the large lot plan was in play and moving forward. Prior to that we rejected a request to rezone and also partnered with the Wildlands to make an offer. Not at any point did official or even a courtesy notification come from LVHN that the 17 lot plan was off the table or that the property was being actively marketed again. Especially not for a significantly reduced price well within a range the township would consider.

So that brings us to this week. . .

Jaindl acquires Farr Tract in Lower Macungie from LVHN

Unless the plan is to build the 17 lot estate sketch plan, (I doubt it) this becomes immediately concerning for all the reasons outlined above. First, since it’s a missed opportunity and very much a mystery why LVHN, a non profit entity who bills itself as a community partner did not explore working with the township. I believe the eventual sale price accurately represents the value of the property as opposed to the inflated advertised sale price. So, we would have certainly entertained the conversation to preserve the entire property at the price it ended up selling for. There is no doubt.

So, end of the day it was a disappointing to say the least – choice made by the hospital to sell to a developer instead of to preserve. There was a very good chance the hospital could have “cashed out” at the same dollar amount they ended up while doing the right thing. It was an option. They could have determined that with a simple conversation. Now, the hospital is only 50% of the equation here. There was also a family trust involved. But it’s clear the hospital was the public entity (supposedly dedicated to being a community partner) involved with a very public say in the issue. And they were the public applicant on the 94 unit plan.

Secondly, all the original conversations about the impact on Cedar Crest now come fully back into play. After we lost the Indian Creek Golf course in Emmaus Borough to development (despite Upper Milfords efforts to reduce that impact), Lower Mac made the decision to do whatever we can to reduce impact on the congested corridor. Our attempt to preserve this property which began 3 years ago was a part of that.

So where do we go from here? Not sure. The township stands ready to work with Jaindl now to preserve the land. Jaindl has indicated “he will let the township know when he has a plan in place”. That of course, always makes me nervous.

What do you think? Leave a comment below or contact at Ronbeitler@gmail.com

Lower Macungie Township in the news. 
Want to keep taxes low? Preserve farmland!