Peters Township Planning Commission 4/10/2014 7:00 p.m.

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1 1. Roll Call Commissioners Present: Planning Director: Assistant Planner: Jeff Mills, Tom Carey, Rocco Magrino, John Brandstatter, Frank Kosir, Jr. Mr. Zuk Mrs. Moldovan 2. Approval of Minutes Minutes approved as submitted. 3. Reports and Correspondence - None 4. Plats/Site Plans filed for Review 1. Revised Preliminary Plan Hamlet of Springdale Phases 3 thru 5 ~ Springdale Road 2. Revised Phase 3 Final Plan Hamlet of Springdale ~ Springdale Road 3. Site Plan Nemacolin Woodlands Pet Resort ~ Route Site Plan Donaldson s Crossroads Sewage Treatment Plant Extension ~ W. McMurray Road 5. Revised Preliminary Plan Phases 3 and 4 Orchard Hill ~ Sugar Camp Road 6. Revised Final Plan Phases 3 and 4 Orchard Hill ~ Sugar Camp Road 7. Revised Site Plan Crossroads Mower ~ E. McMurray Road 5. Approval of Agenda 6. Audience Comments 7. Old Business: None 8. New Business: a) Final Plan Ironwood Estates ~ Boyer Road Ironwood Estates LP, owner and developer of the proposed Ironwood Estates Plan of Lots is seeking Peters Township Final Plan approval. The Proposed Ironwood Estates Final Plan layout includes a total of twenty one (21) lots. The property is Zoned R-1A Single Family Conventional which permits half-acre and larger single family developments as a use by right. The R-1A Zoning District Section 304; Residential District Dimensions establishes a maximum density of 1.2 lots per acre. The maximum number of lots this property could yield is 21 lots. Final Plan Summary: Site Size Acres Plan Density 1.2 Lots per Acre Total New Lots 21 Lot Sizes.5 Acres to.78 Acre Open Space Required 1.47 Acres (21 Lots x.07) Open Space Provided 1.65 Acres Conservation Areas A & B to be dedicated to the Ironwood Estates HOA Page 1 of 9

2 Phasing: The Ironwood Estates Plan will be developed in one (1) phase. All infrastructure (roadways, storm and sanitary sewers, private utilities) will be constructed at the same time. All earthworks necessary to construct Lelak Lane and Ironwood Court and select building lots (Lots 1, 2, 3 and SWM Area) will be graded to balance the earthwork. The remaining lots will be graded as they are purchased and homes are ready to be constructed. All Storm Water Management and Erosion and Sedimentation Controls will be in place as part of the initial Public Improvements. Lelak Lane and Ironwood Court will become Township public roadways. Lelak Lane is approximately one thousand three hundred (1,320) lineal feet and ironwood Court is approximately five hundred forty (540) lineal feet. Open Space: The total Open Space obligation for Ironwood Estates is 1.47 acres. Two (2) Open Space areas are proposed, Conservation Areas A & B. The Open Space areas are proposed to be privately owned by the Ironwood Estates Homeowners Association (HOA). Access to Conservation Area A is off Boyer Road and between Lots 1 & 2. A ten (10) foot access easement is provided. Conservation Area B has access to Lelak Lane between Lots 13 & 14 and Ironwood Court between Lots 8 & 9. The Open Space areas are intended to protect and preserve the Woodlands. The Peters Township Park & Recreation Board reviewed the Open Space areas and their opinion was the Open Space areas comply with Section 80-C-2-(d); Subdivision Ordinance. Storm Water Management (SWM): The Ironwood Estates Development is located within the Peters Creek Watershed. The proposed SWM Controls for this Development (and all development within the Township) are designed to insure post development discharge is equal to or less than pre-development run-off rates. The methods to manage run-off include Infiltration Berms around the Site, a Surface Detention area near the entrance off of Boyer Road and On-Lot tanks on Lots 11 thru 19. The lots that require onlot SWM facilities are clearly indicated on the Final Plan for Recording. Traffic Calming: The Ironwood Estates Plan is utilizing a combination of Traffic Calming features including Median Islands at the entrance and intersection of Lelak Lane and Ironwood Court, and two (2) speed humps. The Traffic Calming Islands will be maintained by the HOA. Traffic Impact Fee (TIF): The Ironwood Estates Plan is subject to payment of a One Thousand Three Hundred Eighty Six ($1,386.00) Traffic Impact Fee (TIF) for each lot. The fee is required to be paid at the time of Building Permit approval. This requirement is clearly noted as Condition No. 4 on the Final Plan for Recording. Front-Yard Set Back: Council on January 27, 2014 approved the use of a thirty five (35 ) foot front set back for all twenty one (21) lots. The approval was subject to establishing a Tree Conservation Easement to protect and preserve the Woodlands. Sheet No. C2.6 Construction Plans illustrates the location of the Easement. The Easement is also defined and specific requirements for tree protection are included on the Final Plan for Recording. The following requirements are associated with the Tree Preservation Easement: Page 2 of 9

3 1. No trees four (4) inches in diameter or larger shall be removed without written consent of the Peters Township Council. 2. No structures shall be constructed within the Easement. 3. Only dead, dying, diseased or damaged trees that pose a safety hazard shall be removed. In addition, the limits of disturbance will be delineated prior to any earthwork occurring on-site. Connectivity: The Plan is designed to allow for Ironwood Court to connect to Bebout Farm should it develop in the future. A fifty (50) foot wide Right Of Way (R.O.W.) will be dedicated to facilitate the future connection at the intersection of Lelak Lane and Ironwood Court. The Plan does include sidewalks on one side of the street within the Plan. The sidewalk needs to be extended to Conservation Area A along Boyer Road. Landscaping: Sheets C7.1 to C7.3 include the required landscaping. The Plan will include street trees, the SWM Basin will be landscaped and the twenty five (25) foot Farm Buffer is shown along Bebout Farm. John Brandstatter made a motion that Planning Commission recommend Council Final Plan approval subject to the following Conditions: 1. The Developer/Owner execute a Subdivision Improvement Agreement including posting all fees, escrows and securities prior to Peters Township releasing the Final Plan for Recording. 2. The Washington County Conservation District and DEP approve the required NPDES and Erosion & Sedimentation Control Plan prior to Peters Township release of the Final Plan for Recording. 3. The Final Plan and Sanitary Sewer Construction Plans meet all requirements of the Peters Creek Sanitary Authority (PCSA) prior to Peters Township release of the Final Plan for Recording. 4. DEP approve the required Sewage Facility Planning Modules prior to Peters Township release of the Final Plan for Recording. 5. Gateway Engineers finalize their approval of the Final Construction Plans including estimating the public improvement costs prior to Peters Township Council considering the Plan for Final approval. 6. The correct Township assigned addresses be included on the Final Plan for Recording. 7. Seal Markers for Washington County Planning Commission and the Notary be added to the Final Plan. 8. Lot 1 needs to be increased to a minimum lot area of 23,780 S/F prior to Council considering the Final Plan for approval. 9. The Final Plan clearly indicate the future fifty (50) foot wide street right-of-way for Ironwood Court along Parcel A of Bebout Farm. 10. The Drainage Easement between Lots 6 & 7 be revised and adjusted to not extend to bordering property line. 11. The Final Construction Plans include a sidewalk to Conservation Area A along Boyer Road. 12. The Ironwood Estates HOA documents clearly include all facility maintenance responsibilities for common areas for sidewalks, landscaping, traffic calming, Storm Water Management, Conservation areas A & B and Pavilion. 13. The HOA documents be reviewed by the Peters Township Solicitor prior to Recording. The Township be provided a copy of the Recorded HOA documents. Page 3 of 9

4 14. The required street planting Condition be included under Clause 17 on the Final Plan for Recording. Required street trees must be planted or bonded prior to issuance of a Certificate of Occupancy Permit. 15. Prior to Peters Township releasing the Plan for Recording the Township be provided a copy of the Recorded Storm & Sanitary Sewer Easement across Lot 530 in the Oak Ridge Plan of Lots. 16. Any trees designated for preservation within the Tree Preservation Easement that are damaged or removed inadvertently shall be replaced at a ratio of 3 to 1 with a minimum of two (2) inch caliper deciduous trees. 17. Boyer Road be improved to Peters Township Rural Road specifications (twenty (20) foot wide, no curbs). The Final Construction Plans include the widening and the work be included in the Public Improvement Cost Estimate. 18. Boyer Road be bonded prior to Peters Township releasing the Final Plan for Recording. 19. All earthwork be monitored by a Geotechnical Engineer and inspection reports be provided to Peters Township. 20. The Conservation Parcels ( A & B ) be delineated to avoid private property owners encroaching. This is to be done prior to Peters Township acceptance of the public improvements. 21. The Developer and Site Contractors participate in a Preconstruction meeting with Peters Township prior to any site work being authorized to begin. 22. The Final Construction Plans be revised eliminating the three (3) speed humps and add Traffic Calming Median Island on Lelak Lane below the Ironwood Court/Lelak Lane intersection. 23. Revise Condition No. 8 on the Final Plan for Recording by eliminating written consent of Peters Township Council to Peters Township Planning Staff. Seconded by Rocco Magrino. Motion passed 5 0. b) Preliminary Plan Fieldstone ~ Bebout Road Ted Taylor, III purchased this acre property in 2012 from Edward Sweet. The subject property is located on the east side of Bebout Road across from the Lake Colony Plan of Lots. Mr. Taylor is seeking Planning Commission Preliminary Plan approval for the Fieldstone Plan of Lots. The property is Zoned R-1A Single-Family Conventional which allows half acre and larger singlefamily residential developments as a permitted use. Preliminary Plan Summary: Total Lots 26 Plan Density 1.2 Lots/Acre Lot Sizes.5 Acre to.92 Acre Open Space Required 1.82 Acres (26 Lots x.07) Open Space Provided 2.01 Acres (Open Space Parcels 1 & 2) Access/Connectivity: The proposed Plan connects Rockledge Drive to Bebout Road, a state owned and maintained roadway. Connection of the road and storm sewers to Bebout Road does require PADOT District 12 approve a Highway Occupancy Permit (HOP). Approximately 2730 Lineal Feet of new Township owned and maintained roadway is planned. Drover Drive on the Eastern side of the Project terminates into two (2) temporary dead ends. The design of Drover Drive plans for future connections to the 51 Acre Winters property to the North and the 350+ acre Venetia Property Associates Parcel to the South. Page 4 of 9

5 Traffic Calming: The Fieldstone Plan incorporates three (3) low speed curves on Saddlewood Drive to satisfy Traffic Calming requirements for new developments. Open Space: Two (2) Open Space Parcels 1 & 2 are proposed totaling 2.01 acres. The total Open Space area required is 1.82 acres. The Peters Township Park & Recreation Board reviewed the proposed Open Space in the Fieldstone Plan and determined Section 80; Open Space Land Subdivision Ordinance was in compliance. The Preliminary and Final Plan need to clearly indicate future ownership of the Open Space Parcel (public or private HOA). Storm Water Management (SWM): The fieldstone Plan is located within the Peters Creek Watershed. Run-off from the development site will be collected and conveyed to a surface storm water management detention facility proposed at the entrance to the Fieldstone Plan. All twenty six (26) lots impervious surface (roof and driveway) run-off is provided a storm sewer lateral to ensure run-off gets to the detention facility. The Storm Water Management Plan for the Fieldstone Plan is designed to reduce post development peak run-off rates from pre-development run-off conditions. Ultimately, storm water from the detention facility is piped and connected to a 15 CMP storm sewer located in the Bebout Road R.O.W. which discharges to the lower Lake Colony Lake owned by the Lake Colony HOA. Planning Commission may hear objections from the HOA. Prior to the April 10, 2014 meeting, I will consult with the Township Solicitor on this issue and advise Planning Commission of his opinion. Erosion and Sedimentation Control Plan (E & S) As is the case with all new residential developments, Washington County Conservation District (WCCD) reviews and approves an E&S Control Plan. A meeting was held on February 28, 2014 with WCCD, Lake Colony HOA, PVE Engineers and Peters Township to review concerns the Lake Colony HOA had with sediment entering the Lake Colony upper lake. The WCCD suggested upgrades such as use of storm ceptor to act as additional debris catchers to further control sediment leaving the Fieldstone development site. Traffic Impact Fee (TIF): Each lot in the Fieldstone Plan is subject to payment of a $1, TIF at the time of issuance of a building permit. John Brandstatter made a motion Planning Commission recommend approval of the Fieldstone Preliminary Plan subject to compliance with the following Conditions: 1. DEP approval of required sewage facility planning modules. 2. All requirements of the Peters Creek Sanitary Authority be met. 3. Washington County Conservation District approval of the required E&S Control Plan. 4. PADOT District-12 approval of the required Highway Occupancy Permit. 5. Gateway Engineers finalize their review and approval of the Storm water Management Plan and all items identified in Gateway Engineers April 9, 2014 Review be addressed prior to Final Plan submittal. 6. The Final Plan submittal include a geotechnical report which also includes mining depth and existing springs on the property. 7. Bus stops including at the entrance be incorporated on Final Construction Plans. Page 5 of 9

6 8. The Preliminary Plan and all final construction drawings include the sight distances at the proposed entrance. 9. The Preliminary Plan and the Final Plan for recording clearly indicate future ownership of Open Space Parcels 1 & The Landscape Plan include the required street trees as per Section 311-Table 7: General Landscape Requirements, zoning ordinance. 11. The final construction plans and the Final Plan for recording include a permanent drainage swale in the rear of Lots 1, 2 and The final construction plans include a top of slope berm on Lot 26 to protect the Dellwood Corporation property on Bebout Road. 13. The Preliminary Plan and Final Plan for recording clearly indicate ownership of storm water management parcel. 14. The required $1, Traffic Impact Fee be noted as a condition on the Final Plan for recording. 15. At the northern end of Drover Drive a minimum of five (5) evergreen trees be planted on the southern end a minimum four (4) foot high mound be included on the Preliminary and Final constructions plans. 16. The Township be provided with the recorded easement for the proposed storm sewer across the Daniel Coyle property on Bebout Road. 17. Lot 15 include a twenty five (25) foot side yard setback along the northern property line. Seconded by Frank Kosir. Motion passed 4 0. Rocco Magrino recused. c) Bowser Cadillac Variance Recommendations ~ Route 19 Applicant: Status of Applicant: Gary Bowser Bowser Automotive Group 1001 Clairton Road Pittsburgh, PA Owner Property Location: Requested Action: Lot Size: Located on the eastern side of Rt. 19 across from Gallery Drive. Tax ID # Washington Road Request by Bowser Cadillac for a variances on the following: to encroach into required buffer area with a light post, asphalt paving, retaining walls, and a dumpster. A request for a variance not to provide cross access/ interconnection with an adjacent commercial development acres Zoning Ordinance Section Reference: Section 310 Buffer Areas (a) Buffer Area A is a minimum of twenty-five (25) feet wide. Page 6 of 9

7 (i) No structures or uses, including but not limited to buildings, accessory structures, parking spaces, access drives and lighting devices, may be located closer than twenty-five (25) feet to any front, side or rear lot line except that access drives may be located in the front buffer area. The buffer area shall follow the entire length of the lot line. Section 316 Driveways E. Commercial District Driveways/ Joint and Cross Access (2) Adjacent Commercial properties shall provide a joint or cross access driveway to allow circulation between sites wherever feasible along roadways classified as major collectors or arterials in accordance with the functional classification contained in the municipal comprehensive plan. Site Zoning and Use: Surrounding Zoning and Use: C-2 General Commercial. This is currently vacant land as the former Sears building was demolished in North: C-2 General Commercial; Vacant land South: C-2 General Commercial; Funeral home. East: R-1A Single Family Residential; Single family homes West C-2 General Commercial; Gallery Shoppes History: Two prior zoning appeals exist for this property. A variance was granted in 1994 (Appeal ) to expand a non-conforming structure to increase storage area for lawn mowers. This was an approval of a variance to outdoor storage regulations to extend an existing screened outdoor storage area at the rear of the Sears building. In 1966, Appeal # was a Special Exception for a warehouse use of more than the allowable Floor Area for that particular type of use. The Applicant argued that it is not a warehouse, but an equipment repair facility as well. The Board decided it was not a violation of the Ordinance and no variance or Special Exception was needed. It was decided it was mainly an appliance service center and the warehousing needs would meet the ratio. Analysis: Bowser Automotive Group, owners of the property located at 3260 Washington Road, are proposing to develop this site as a Cadillac dealership. The former Sears building was demolished in The proposal is a 28,899 Sq. Ft. building with associated outdoor display areas, office, detailing, and a parts and service department. The need for the following variances was found during review: Variance 1: Variance 2: Variance 3: Variance 4: To encroach 7 into the required 25 rear buffer area (Buffer Area A) with a light pole. To encroach 11 into the required 25 rear buffer area (Buffer Area A) with a dumpster. To encroach by 17 into the required 25 rear buffer area (Buffer Area A) with asphalt paving. To encroach by 18 into the required 25 rear buffer area (Buffer Area A) with retaining walls. Page 7 of 9

8 Variance 5: Not to connect or provide cross access/ interconnection with an adjacent commercial development. It should be noted that the Sears paving footprint infringed into the buffer by 13. Based on the Solicitor s review (see attachment), Bowser Cadillac can maintain the non-conformity with the proposed revised site plan. In that case, Variances 1 & 2 could be eliminated since there is no increase, and 3 & 4 could be restated to a variance of 4 and 5. In addition, there may need to be an interpretation on whether or not the retaining walls need a variance. According to the Zoning Ordinance, the buffer area shall not include structures, but the definition of structure excludes walls: Structure - Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground including, but not necessarily limited to, buildings, accessory buildings, decks, spas, T.V. dish antennas, pools, utility sheds, tennis courts, air conditioners. For the purposes of this Chapter, signs, fences and walls shall not be considered structures. Covered patios or porches are considered structures. Lastly, Variance 5 is a request not to interconnect with a future commercial development to the north. Bowser Cadillac will interconnect with the funeral home that borders on the south. According to the Applicant, the purpose of this request is that it is unfeasible to interconnect to the property owned by Peters Plaza due to the elevation change (see attached plans for detail). They do not have a problem interconnecting with the property to the south because according to elevation, the most viable location to interconnect is in the front of the lot. This will not cause the re-routing of vehicles around the side of the building as it would on the northern end. The rear of the property at this time is unsightly. There is exposed rock, and it needs to be cleaned up. The Applicant feels that the granting of the variances will allow them to make improvements by providing an attractive landscaped buffer in the rear, and that along with the existing mature trees will enhance the site. There is a 2:1 slope that extends up to the adjacent residential properties. The house located behind the property is at an elevation of greater than forty feet, but is currently screened from view by a thick cluster of mature trees. Planning Staff Recommendation: Should the Planning Commission recommend approval of the 5 requested variances, Planning Staff recommends the following conditions be tied to the variances: 1. Planning Commission Revised Site Plan approval. 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. 3. A buffer of shrubbery/ landscaping be provided in the rear of the site that will work to deter noise. 4. Monday through Saturday 6:00 AM to 6:00 PM for solid waste pick up collection. 5. A monument style sign be used with a maximum 6 in height and a 70 Sq. Ft. maximum. 6. Service door in rear must have automatic closer and be closed during operating hours. 7. No automatic dryer for car wash. 8. No outdoor intercoms shall be positioned or aimed towards the residential zoning district to the rear. No outdoor intercoms shall be placed beyond the halfway point of the building. Page 8 of 9

9 John Brandstatter made a motion that Planning Commission recommend Zoning Hearing Board not address Variances 1, 2 and 4, approve Variances 3 and 5. Seconded by Frank Kosir. Approved Planning Portion Miscellaneous Issues brought up by Commission or Staff Meeting was adjourned at 9:22 p.m. Page 9 of 9

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