Peters Township Planning Commission September 15, :00 p.m.

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1 1. Roll Call Commissioners Present: Commissioners Absent: Planning Director: Assistant Planner: Gateway Engineers: Jeff Mills, David Wylie, Aaron Smith, Daniel Germain, Conrad Tselepis Rocco Magrino, Ted Kartofilis Mr. Zuk Mrs. Moldovan Thomas Helmkamp 2. Approval of Minutes The minutes were approved as submitted. 3. Reports and Correspondence: None 4. Plats/Site Plans filed for Review: None 5. Approval of Agenda 6. Audience Comments: None 7. Old Business: None 8. New Business: a. Preliminary Plan Rolling Hills Estates ~ E. McMurray Road Laurel Communities, on behalf of Pinehurst Land Partners, LLC filed Preliminary Development Plans with Peters Township on March 10, 2016 to develop the 190 plus acre former Rolling Hills Country Club property. The proposed plan was filed using the existing R-lA Single Family Conventional zoning. Section 508 Approval of Plats; PA Municipalities Planning Code gives local governments ninety (90) days following the date of the next Planning Commission meeting after the plan is filed to make a decision. Laurel Communities provided Peters Township two (2) extensions to the ninety (90) day period to make a decision, the second extension granted or provided expires on September 15, At this time the proposed Rolling Hills Estates Preliminary Plan is not in a position to be approved by the Planning Commission. The Rolling Hills Estates Preliminary Plan (dated 6/24/2016) does not meet Sections , Easements Right of Ways and Utilities and Section , Open Space Land of the Peters Township Subdivision and Land Development Regulations. Section C; Sanitary Sewage Disposal; Subdivision Ordinance requires each lot in a proposed subdivision be served by public sanitary sewers and sewage facility planning modules be submitted with the preliminary plan. The applicant has not provided a plan to the Township Page 1 of 5

2 indicating sanitary sewers are available for all 210 proposed lots and no sewage facility planning modules were submitted to Peters Township or to the Peters Township Sanitary Authority. Section ; Open Space Land; Subdivision Ordinance sets forth criteria for open space (active & passive) areas to be incorporated into new residential developments. The adopted Peters Township Comprehensive Recreation, Parks and Open Space Plan includes a goal to identify trail links and park locations be incorporated into future developments. The proposed Rolling Hills Estates Preliminary Plan does not meet the requirements in Section ; Open Space Land; Subdivision Ordinance. Specifically the Plan as proposed indicates that all open space areas being private (HOA) and the open space areas proposed do not meet the criteria set forth in Section (2); Criteria for Site Selection; Subdivision Ordinance. On September 8, 2016 Peters Township and the Peters Township School District filed the Declaration of Taking/Eminent Domain Action with the Washington County Recorder and the Court of Common Pleas. Jonathan M. Kamin, attorney representing Pinehurst Partners (Laurel Communities) provided Peters Township correspondence indicating Pinehurst Partners LLC, Tendered immediate possession of the property to the Township and School District. Based on the filing, the Township and the School District now own the former Rolling Hills Country Club property. Our Township solicitor s position is Laurel Communities no longer has standing to request a continuance of Planning Commission s Decision on the Rolling Hills Estates Preliminary Plan. Planning Staff Recommendation: Planning Staff recommends the Planning Commission not approve the Rolling Hills Estates Preliminary Plan and deny the applicants request for a continuance for the following reasons: 1. The plan does not meet Section C; Sanitary Sewage Disposal; Subdivision Ordinance. 2. The plan does not meet Section ; Open Space Land; Subdivision Ordinance. 3. The applicant no longer has status as an applicant. Peters Township and the Peters Township School District filed Declaration of Taking/Eminent Domain Action with the Court of Common Pleas and Recorders Office, Washington County on September 8, Conrad Tselepis made a motion Planning Commission deny approval of the Rolling Hills Estates Preliminary Plan and the request to table action on the Preliminary Plan for sixty days. The Planning Commission s Decision to deny was based on the following: 1. The Plan does not meet Section C-1; Sanitary Sewage Disposal; Subdivision and Land Development Ordinance. 2. The Plan does not meet Section (2)-(C) & (e); Criteria for Site Selection & Open Space Land; Subdivision and Land Development Ordinance. 3. Laurel Communities (Pinehurst Land Partners LLC) no longer have status as an applicant. As of September 8, 2016 Peters Township and the Peters Township School District own the property. Seconded by David Wylie. Approved 4-0. Jeff Mills recused himself. Page 2 of 5

3 b. Final Plan Bittner/Schuessler Resubdivision ~ Green Valley Lane/Johnston Road Anthony & Mindl Bittner and Wayne & Deborah Schuessler owners of two (2) adjoining single family residential lots are re-subdividing and seeking Township approval of the Bittner Final Subdivision Plan. The proposed plan does not create any new lots. A small portion of the Bittner lot (Lot 106) is being conveyed to and made part of the Schuessler lot (Lot 106A). Lot 106A gains.109 acres from the Bittner s property giving Lot 106A frontage along Green Valley Lane. Both lots meet the minimum area and bulk requirement in the R-1A Zoning District. Planning Commission Recommendation: Planning Staff recommends the Bittner Subdivision Plan be approved subject to the following Conditions: 1. The fifty (50) foot front building setback lines along Green Valley Lane and Johnston Road be shown on Lot 106A. 2. The front lot line on Lot 106A be adjusted to the Johnston Road right-of-way. David Wylie made a motion Planning Commission recommend Council approve the Bittner Subdivision Plan subject to compliance with two (2) Conditions. Seconded by Aaron Smith. Approved 5-0. c. Planning Commission Recommendation Legacy Medical Electronic Sign Height Variance ~ 3540 Washington Road Applicant: Buddy Swisshelm/ Cathy Stark 4099 William Penn Highway Monroeville, PA Status of Applicant: Property Owner: Property Location: Requested Action: Contractors Matina Realty LLC Dr. Burnett 3540 Washington Road McMurray, PA Located on the western side of the Rt. 19 corridor just south of the new Dunkin Donuts. Tax id # Request by Legacy Medical Center to modify an existing freestanding sign to have an electronic portion, without converting to the required monument style sign. Page 3 of 5

4 Lot Size: 1.49 Acres Section Reference: 916 General Sign Regulations E. Lighting and Movement. (viii.) All electronic variable message signs must be a monument style sign and conform to the size regulations in Table 17 of Section 914.C. Freestanding Signs. Site Zoning and Use: Surrounding Zoning and Use: C-2 General Commercial, A mix of commercial uses: daycare, retail, office, and personal services. North: C-2 General Commercial; Dunkin Donuts/ retail plaza South: C-2 General Commercial; Sunoco/ auto service station East: C-2; Bell Tower Shoppes West: R-1A; single family homes Analysis: Legacy Medical Center, located at 3540 Washington Road is a commercial plaza consisting of two separate buildings with various tenants. The existing freestanding sign for the property is 60 S/F and 15 in height. Legacy Medical is proposing to modify this sign to include a 3 X 6 electronic variable message sign. According to the Zoning Ordinance, all electronic variable message signs shall be monument style signs with a maximum 6 in height, and they must be the allowable size for that zoning district. The total allotment in this case is 70 S/F maximum. The Zoning Ordinance was amended on 9/22/14 to allow electronic variable message signs along the Rt. 19 corridor if they are monument style. The Applicants are proposing to swap the changeable copy sign to electronic, and upgrade the signs on the current freestanding sign without changing size, shape, or location. This is a variance to allow an electronic sign that would not be a 6 monument sign. The hardship according to the Applicants is that a 6 sign would not be feasible for all of the tenants in this building to be seen. In other words, the signs would be too small for the general public to read as they drive along Rt. 19. Furthermore, the sign would be blocked from view whenever a vehicle (especially a truck or SUV) is parked in the spaces on either side of the sign (see attached photos). They are not looking to increase business, nor are they concerned about losing business, but as the location is being renovated, part of that direction is to improve the outer aesthetics safely. Planning Staff Recommendation: The Planning Department recommends that the Board approve this Variance request. We feel that it will not alter the essential character of the neighborhood, and that the physical hardship in this case is the blocking of the sign by the existing site/ parking layout. The Site Plan shows Page 4 of 5

5 that the freestanding sign is located in the right of way. This is due to the widening of the Rt. 19 right of way years ago. Should the Variance be approved, Planning Staff recommends that the following Conditions be tied to the Variance: 1. A sign permit be obtained. 2. That the Variance will expire if the Applicant fails to properly apply for all necessary permits within one (1) year from the date of this Decision, or fails to begin the permitted activity within six (6) months from the date such permits are granted. Conrad Tselepis made a motion Planning Commission recommend Zoning Hearing Board approve the Legacy Medical Electronic Sign Height Variance subject to three (3) Conditions. Seconded by David Wylie. Approved 5-0. d. Planning Commission Recommendation - Mineral Extraction Ordinance On Monday, September 19, 2016 Council is holding a public hearing on two (2) proposed ordinance amendments addressing mineral extraction (unconventional gas drilling, compressor stations and processing plants) operations within Peters Township. The two (2) proposed ordinance (zoning subdivision) amendments establish mineral extraction operations as Conditional Uses in the Industrial Zoning District and repeals the Mineral Extraction Overlay District (MEOD). The December 19, 2013 Supreme Court Decision on Act 13 declared a number of provisions in Act 13 unconstitutional and clearly indicated that mineral extraction operations are an industrial use. Planning Commission Recommendation: 1. Based on the Supreme Court Decision and extensive study by the Township on how best to zone for Mineral Extraction activities, Planning Staff recommends Planning Commission recommend to Council the ordinances be adopted. David Wylie made a motion Planning Commission recommend Council adopt the Mineral Extraction ordinances. Seconded by Aaron Smith. Approved Planning Portion Miscellaneous Issues brought up by Commission or Staff Planning Commission was reminded to reserve Tuesday, November 1, 2016 for a joint workshop with Council on the Zoning and Subdivision Ordinance update. Page 5 of 5