Council Meeting

President Michael Birkner called the meeting to order at 5:00 PM with the following Councilors present: Vice President Jacob Schindel, Mr. John Butterfield, Mrs. Susan Naugle, Mr. Graham Weaver, Ms. Rebecca Brown, Mr. Kyle Leinbach, and Mr. Scot Pitzer. Mr. Robert Krummerich was absent. Staff present included Mayor William Troxell, Solicitor Harold Eastman; Borough Secretary Sara Stull, and Planning Director Scott Dellett.

Others present included: Darlene Brown, Executive Director, PICPI-ACHA; Loring and Jean Shultz, owners of Farnsworth House, 401 Baltimore Street; Betty Myers, 408 Long Lane; and Betty Topper, 101 Hanover Street.

Representing the press was Jim Hale of the Gettysburg Times.

President Birkner called the meeting to order and announced that the hearing was to receive comments on a proposal to amend the Gettysburg Borough Zoning Ordinance, Chapter 27 of the Code of Ordinances of the Borough of Gettysburg for the purpose of inserting certain definitions, revising the Zoning Map to reclassify six properties from HC Health Care Zoning District to R-2 Moderate Density Residential Zoning District, adding specific uses in Elm Street Overlay, OT Old Town, RO Residential Office, ROR Residential Office Redevelopment, TC Tourist Commercial and GC General Commercial zoning districts; revising the purpose and adding specific uses in the HC Health Care Zoning District; and inserting additional criteria under Section 27-1524.FF, Additional Uses for Specific Uses.

Scott Dellett announced that the public hearing was duly advertised as required by the State Municipalities Planning Code. He gave a presentation on the Zoning Ordinance Text and Map Amendments outlining the procedural requirements. Scott Dellett also gave the background on the rezoning request. A copy of the presentation is attached.

Scott Dellett reported that he received recommendations from the Adams County Office of Planning and Development and the Borough Planning Commission. He said that if Council approved the amendments, the Planning Commission asked that the item be placed on the March 10th Council agenda.

Solicitor Eastman pointed out that Council cannot take any action tonight that this meeting is a fact gathering session and to hear public comment. He said that the ordinance would need to be advertised for enactment. 

Kyle Leinbach addressed concern with Section 17, Part 4 of the proposed ordinance regarding delivery hours and hours of operation. Scott Dellett responded that this could place limits on times but that it would be reasonable times.

Public Comment:

Darlene Brown asked if there are any proposed changes to Elm Street. Scott Dellett responded there were no added restrictions to Elm Street and noted it would include small restaurants.

Betty Topper asked what this does to the value of her property. Scott Dellett said it does include some of the residential properties and that it would put them back in to conformity.

Betty Myers addressed concern with her residential property that is located in the Health Care District. She asked if her property would remain residential if she moved. Scott Dellett said that her property would remain as residential uses.

Betty Myers also noted that tonight's meeting was only in the classified section of the newspaper and that other people may not be aware of the meeting. Solicitor Eastman said that the six properties that are proposed to be rezoned were notified by letter as required by the Municipal Planning Code. He pointed out that Council doesn't need to notify property owners if it doesn't affect their property.

Loring Shultz asked if his property will remain in the Health Care District. Scott Dellett responded yes it will remain in the Health Care District. Mr. Shultz expressed his concern and frustration that he won't be able to put in a theater like he wanted. He also said the hospital has no interest in the building so it will continue to set empty. 

Solicitor Eastman explained that when making zoning changes you can't look at individual properties but the whole area.

Jacob Schindel pointed out that the report provided by Kerry Moyer, The Civic Research Alliance, said that Council should consider using public alleys for businesses. He said by approving the amendment it would exclude Loring Shultz from using his building which is located in the alley. Mr. Schindel said he is uncomfortable approving this section of the ordinance. Susan Naugle agreed that we should use alleys where possible if sidewalks are installed. 

Scott Dellett said that the Borough Planning Commission's recommendation reads there is no objection regarding restaurants but the traffic and safety are an issue.

Scot Pitzer asked where Mr. Shultz property is located on the map. Mr. Schindel said it is in the orange box designated as Health Care.

Kyle Leinbach expressed concern that restricting businesses is not proper and that Mr. Shultz's warehouse and garage won't be able to be used because it is in the Health Care District. He said he won't vote for this amendment.

With no further business, moved Mr. Schindel, seconded Mr. Leinbach to adjourn the meeting at 5:50 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary