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The Cornwall Borough Planning and Zoning Commission on Monday heard updates to the Cornwall Properties/Byler Holdings Rexmont Road subdivision and proposed Lake Resort Community text amendment.
No official action was taken on the Rexmont Road subdivision plan, which includes 131 single-family detached homes lying 80 percent in residential low density and 20 percent in conservation recreation.
Read More: Cornwall planning board seeks public comment on ‘Lake Resort’ amendment
Borough engineer Josh Weaber presented Cornwall Properties with comments on the plan in December, which the developer is still in the process of reviewing alongside Weaber.
P&Z chairman Raymond Fratini agreed to participate in meetings between Weaber and Byler Holdings to expedite the process and work through concerns between P&Z meetings.
Weaber said that if Byler Holdings does nothing about comments, the development will lose around five lots based on zoning district density requirements.
“At this point, I believe we’re gonna be waiting for their response, their revisions to the comments,” said Weaber.
Byler representative Mike Swank asked the commission if it would be willing to consider recommending accepting the dedication of Cornwall Properties’ portion of privately owned Iron Valley Drive.
Fratini said that would depend both on Cornwall Properties’ willingness to bring the roadway up to borough standards and the usability of the remainder of Iron Valley Drive.
The roadway would need to be widened to meet borough standards, and the drainage and curbing would need to be updated, said Fratini.
If dedicated, the borough would take over responsibilities for that portion of Iron Valley Drive, including snow removal.
A traffic study estimated that around 15 percent of traffic generated by the development would travel onto southern Iron Valley Drive.
This lower portion of Iron Valley Drive is owned by Iron Valley Homeowner’s Association 1. At council’s February meeting, an HOA 1 representative urged the borough to involve the association in planning, noting that measures including a gate to keep out illegal traffic through the roadway have been floated.
A representative of HOA 1 and Swank updated Monday that the two groups are in negotiations to determine possible terms to allow use of Iron Valley Drive by eventual residents of the development.
However, Swank said in the event negotiations fail, Byler Holdings plans to present the borough with evidence that it has the legal right to use the roadway regardless.
“We are going to continue to work with the HOA, however our attorney does feel that we have the right to use it regardless of that negotiation,” said Swank.
The commission also briefly touched on Cornwall Properties’ submitted Lake Resort Community text amendment.
Weaber said that the developer’s requested “lake resort community” designation bears much in common with the existing mixed-use overlay designation.
He asked that Cornwall Properties review this ordinance to see if tweaks could be suggested to it rather than add a completely new text amendment.
“If we take the ordinance, and then the revision they add on there own, there could be some conflict,” said Weaber. “I think at this point, it would be my recommendation to have a discussion with them to discuss the amendment along with how it reacts with mixed use overlay.”
Fratini said he will discuss this further with Byler Holdings, as well as discuss it in future meetings. However, he said he is against discussing both it and the Rexmont Road subdivision in one meeting.
“I won’t discuss both of them in one meeting, it’s way too much,” said Fratini, going on to address Byler Holdings. “You pick one of the monsters, which one do you want us to corral?”
The commission also discussed truck restriction on Boyd Street and Rexmont Road, which was referred to them at the last council meeting.
Read More: Cornwall to consider no-truck ordinance for Miners Village and Rexmont Road
Boyd Street already restricts truck traffic over two axels, but signage only occurs on the road, not on SR 322 approaching the intersection.
The commission directed Weaber to look into PennDOT policy on adding such signage.
They also discussed the fine for illegal truck traffic on borough roadways, which is currently set at $75.
The commission unanimously agreed to direct council look into increasing the fine, which evidently has a maximum limit of $1,000.
The commission made another motion to recommed the council reevaluate other fines, as inflation may have rendered several other fines too low since fines were updated.
In case you missed it… Background on this story
In July 2022, Byler Holdings requested a zoning amendment from the borough allowing them to build an 800,000-square-foot warehouse in their General Industrial (GI) tract.
The alternative, they said, was for them to use their Limited Industrial (LI) tract to construct warehouses with a combined square footage of around 700,000.
This plan drew significant concern from many Cornwall residents, with opposition to warehousing on the site largely due to the traffic and noise.
A community group Citizens United 4 Responsible Development, headed by Jeremy Zimmerman, soon emerged in opposition to warehousing on the site.
Council formed an ad hoc committee made up of members of the community, council, and Planning and Zoning Commission to work with Byler Holdings on developing conditions for zoning changes (similar as was done for H&K, the previous owner of the property) or otherwise working with the developer to find a mutually agreeable solution.
Read More: Cornwall Borough Council forms ad hoc committee to work with Byler Holdings
Ad hoc discussions did not go far, as they did not have a clear direction and Byler had not submitted plans for the property. Meetings were paused until further directives were given.
Byler Holdings sent the borough a letter withdrawing its request for an amendment due to community outcry, Swank said. The developer reversed this request later, after members of the community appeared equally opposed to the plan for smaller warehouses in the LI tract.
In September 2023, Byler Holdings came before council to ask if council was willing to consider the amendment submitted the year before. In an informal roll call, the majority of council members indicated willingness to consider it.
Read More: Cornwall Borough Council to consider Byler text amendment
Council and Byler Holdings agreed to resume meetings of the ad hoc committee to work out conditions. However, Byler Holdings later requested that council hold off on scheduling meetings until an internal decision was made.
At around the same time, Citizens United came forward with a zoning text amendment of their own which would remove “public warehousing” as an LI permitted use and add it as a general commercial permitted conditional use.
Read More: Cornwall Borough Council refers citizen’s text amendment to ad hoc committee
This amendment was referred to the ad hoc committee, and has since been referred to P&Z for evaluation and recommendations.
In November, Byler’s attorney Mike Swank returned to council to submit a new zoning amendment, one that would morph into the ordinance adopted Tuesday.
Read More: Cornwall to consider Byler zoning amendment, expects January decision
The proposed amendment would allow manufacturing uses in Cornwall GI zones, with Byler’s property containing the only GI plot in the borough.
Swank expressed at that time that if this amendment was passed, Byler Holdings would retract its previous zoning amendment request.
However, council had to move quickly, as Byler hoped to rent to Cornwall-based submarine part-manufacturer PRL Industries, who was on a tight timeline.
PRL Industries plans to enter a 20-year minimum lease for around 10 acres of the 104-acre tract, which Swank said also has about 60 undevelopable acres. Traffic would mostly be limited to one flatbed truck entering and exiting a few times a day, PRL director of sales and marketing Tim Lewis said.
As the U.S. is in the process of greatly expanding its submarine production, PRL is under a tight timeline as one of the top parts producers in the country to up its production.
Council agreed to expedite the process, sending the amendment to P&Z and Lebanon County Planning with the goal to hold a hearing and choose to adopt or not adopt the amendment in January 2024. P&Z discussed details of the amendment and made some changes before referring it back to council.
Read More: Planning commission advances zoning change fast-tracked for PRL Industries
Council unanimously agreed to schedule a public hearing for the amendment at its reorganization meeting Jan. 2, where it would then be adopted with changes.
Read More: Cornwall Borough Council schedules public hearing for Byler amendment
Byler Holdings has also submitted a plan for residential development in residential low-density and conservation recreation. The plan includes 131 single-family detached homes, constructed over three phases.
The borough has provided comments to Byler Holdings surrounding the developement, which it has not yet responded to.
Byler Holdings also submitted the Lake Resort Community text amendment to the borough for review. As of now, no action has been taken on this amendment.
Read more: Cornwall planning board seeks public comment on ‘Lake Resort’ amendment
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