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2021-02-24 Meeting Packet

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WEST WHITELAND TOWNSHIP BOARD OF SUPERVISORS Agenda Wednesday, February 24, 2021, 6:30 p.m. Join Zoom Meeting https://us02web.zoom.us/j/87023118961?pwd=YlJxNW5aU1czUnlkWTIwQnFBNEpJQT09 Meeting ID: 870 2311 8961 Passcode: 723813 One tap mobile +16465588656 Etiquette for virtual meetings https://www.westwhiteland.org/DocumentCenter/View/1719/WWT-Virtual-Meeting-Etiquette Zoom instructions Call To Order Pledge of Allegiance ANNOUNCEMENTS: The Board of Supervisors met prior to tonight’s meeting to discuss matters of personnel and litigation PUBLIC COMMENT: Comments from audience about items not on the agenda HEARINGS & PLANS: 1. Dunwoody Drive Outdoor (Catalyst) Conditional Use (to be continued to 3/10) 2. Raj Real Estate Land Development 3. Arrandale Barn Condo Agreement Amendment CONSENT AGENDA: 1. Approval of February 10, 2021 Minutes 2. Resolution 2021-15 Disposition of Media 3. Final Escrow Release – 109 Coeway Lane BUSINESS: 1. 2020 Recap a. State of the Township Report b. Financial Review c. Required PA Municipalities Planning Code Report for 2020 2. Review of 2021 Township Priorities and Projects 3. Authorization to Advertise Traffic Ordinance Amendment 4. Authorization to Advertise – Verizon Franchise Agreement 5. Approval of Police Policy – Active Shooter 6. Accounts Payable Warrant Report 7. Township Commission Updates from Board Liaisons 8. Staff Updates – planning for DARA expansion; ADL staff training Adjournment Next Meeting: March 10, 2021 Next Ordinance: 459 Next Resolution: 2021-15 ***Note: Meeting Packets can be found on Township website*** West Whiteland Township Board of Supervisors Guidelines for Virtual Meetings West Whiteland ◄ IU 1 1,Eiih ► 2/24/2021 The Board of Supervisors welcomes the opportunity to listen to citizens’ comments on matters involving Township business. To maintain a respectful and productive atmosphere for public discussion during a virtual meeting, the following guidelines will apply: 1) Meeting participants are asked to mute their device to improve the sound quality for everyone else. 2) Those with questions or comments for anyone at the meeting are expected to keep the substance and tone respectful. 3) Only one person speaks at a time. 4) Participants who wish to speak are asked to click “raise hand” – or press * 9 on their phone. Please wait to be recognized by the Chair before speaking. 5) Commenters will share their name and address for the minutes. 6) In the interest of time, the Board may limit speakers to three minutes each. When meetings involve long agendas and/or topics about which many people may want to comment, the following additional ground rules may apply: 7) The Board has discretion to decide that first preference for speaking will be given to West Whiteland residents, followed by non-residents if time permits. The Chairman will announce at the beginning of the meeting when this procedure will apply and ask that all speakers give their name and address. 8) Participants will refrain from asking questions or responding out of turn to the speakers or the Supervisors. 9) Speakers will be asked to keep their comments as brief as possible and limit repetition of comments to allow time for others to get their turn. 10) Time limits may be set when needed due to the length of the agenda. MEMORANDUM DATE: February 19, 2021 West Whiteland TO: Board of Supervisors FROM: Justin Smiley, AICP Township Planner/Historical Commission Liaison SUBJECT: Amending the Declaration of Condominium of Arrandale at Oaklands for the Arrandale Barn Motion: To approve the amendment for Section 3.2(b) of the Declaration of Condominium of Arrandale at Oaklands. Arrandale Associates proposes amending the Declaration of Condominium of Arrandale at Oaklands to permit the demolition of certain portions of the Arrandale Barn in a manner that retains the barn’s historic features, and to make other amendments to establish the treatment, maintenance, and ownership of the barn until it is renovated. The Arrandale Farm complex (est. 1810) is located at 600 W. Lincoln Hwy. in the Oaklands Corporate Center. In 1995, due to the historic nature of the Arrandale Farm complex, the structures were included in a condominium agreement between the owners of Oaklands Corporate Center and the Township, with the intention of preserving the farm’s core structures during the development of the corporate center. The condominium agreement included the Arrandale Manor House, Stone & Frame Tenant House, and the Arrandale Barn. The Arrandale farm complex served as the headquarters for Arrandale Associates, developers of the Oaklands Corporate Center, until recently. Through the years the condominium agreement has been amended to convey changes in ownership and maintenance of the historic structures. Both the manor house (site 120) and tenant house (Site 122) are listed on the Township’s Historic Survey and have been maintained and preserved rather well over the last 30 years under Arrandale Associates ownership as directed by the condominium agreement. However, the barn, which is not currently listed on the Township’s Historic Survey has deteriorated during that same timeframe. Over the past several years, ownership has used the barn as a storage building for their business and has maintained and stabilized some of the barn’s structural deficiencies – per the Section 3.2(b) - but maintains that fully rehabilitating the larger elements of the barn is cost prohibitive. Arrandale Associates contacted the Township in 2018 to request approval for the demolition of the Arrandale Barn because of its poor condition, safety concerns with its proximity to Collegium Charter School and the difficulty it created for them to sell the associated Manor House. Since the initial demolition request, Arrandale Associates has allowed Township Staff, Historical Commission Members and the Township’s historical consultant to access the barn and observe both the interior and exterior conditions. The Arrandale barn is quite large, with several distinctive additions and features making its preservation more challenging. This coordination between the Township and ownership has assisted both parties to develop a plan for the barn’s proposed reuse that retains the most significant portions, including the main original barn section and barnyard walls. The amendment to the condominium agreement is the first step to further detail the rehabilitation of certain portions of the barn that will assist in the preservation of the structure and the entire farm complex. The Township Historical Commission reviewed the amendment at their meeting of January 11, 2021. Following discussion, the Commission unanimously passed a motion declaring their support of the amendment with minor edits to reference exhibits to the amendment and recommending Board approval. The draft amended declaration is included in the meeting packet. Staff supports Board action on the Motion as stated above and can provide a complete copy of the original Declaration and supporting documentation at your request. Attachments 1. Amendment to Declaration showing revisions (redline), dated January 15, 2021. 2 REVIEW DRAFT – 1.15.21 (with Township comments) PREPARED BY & RETURN TO: RILEY RIPER HOLLIN & COLAGRECO Attn: Jeffrey T. Cronin, Esquire 717 Constitution Drive, Suite 201 P.O. Box 1265 Exton, PA 19341 610-458-4400 UPI No.: 41-4-30.2; 41-4-28.2 AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS THIS AMENDMENT TO DECLARATION OF CONDOMINIUM ("Amendment") is made this ___ day of January, 2021 ("Effective Date"), by ARRANDALE ASSOCIATES, a Pennsylvania limited partnership ("Declarant") with the consent of RHA ASSOCIATES, L.L.C., a Delaware limited liability company (“RHA”), PRC-PRECISE REAL ESTATE COMPANY, L.P., a Pennsylvania limited partnership (“PRC”), and joinder of WEST WHITELAND TOWNSHIP, a Pennsylvania township of the second class (“Township”). BACKGROUND A. On January 13, 1995, Declarant recorded the Declaration of Condominium of Arrandale at Oaklands in the Office of the Chester County Recorder of Deeds at Record Book 3852, Page 1060, as amended by Amendment to Declaration of Condominium of Arrandale at Oaklands recorded in the Office of the Chester County Recorder of Deeds at Record Book 3868, Page 580 on March 6, 1995, as amended by Amendment to Declaration of Condominium of Arrandale at Oaklands Condominium recorded in the Office of the Chester County Recorder of Deeds at Record Book 4096, Page 63 on October 15, 1996 (collectively, the "Declaration"), by which the "Property" (as such terms is defined in the Declaration) was submitted to the terms of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101, et seq. ("Act"), and to the covenants, restrictions and easements set forth in the Declaration. B. The Condominium initially consisted of two (2) Units, identified as Unit 1 and Unit 2 as identified on the Plats and Plans, both of which Units were initially owned by the Declarant. C. By Deed dated January 4, 1995 and recorded in the Office of the Chester County Recorder of Deeds at Record Book 3852, Page 1122 on January 13, 1995, the Declarant conveyed Unit 2, together with a proportionate undivided interest in the Common Elements (as defined in the Declaration) of 50%, to RHA, following which conveyance, Declarant remained as the owner of Unit 1 and RHA Associates, L.L.C. became the owner of Unit 2. D. By Amendment to Declaration of Condominium of Arrandale at Oaklands Condominium recorded in the Office of the Chester County Recorder of Deeds at Record Book 4096, Page 63 on October 15, 1996, Declarant exercised certain Special Declarant Rights reserved in Article XIII of the Declaration by converting certain Convertible Real Estate and adding certain Additional Real Estate to the Condominium to create Unit 3 containing approximately 6.337 acres, more or less, and reallocating each Unit’s Percentage Interest and votes in the Association, such that each Unit was allocated 33 1/3 Percentage Interest and 33 1/3 votes in the Association. E. By Deed dated June 28, 2013 and recorded in the Office of the Chester County Recorder of Deeds at Record Book 8755, Page 463 on July 1, 2013, 100 Arrandale Associates L.P.
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