ATTENDING THE MEETING Robert Balogh, Vice-Chairman Sonia Stopperich, Supervisor Marcus Staley, Supervisor Bob Ross, Supervisor

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1 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 1 The North Strabane Township Board of Supervisors held a Special Meeting- Conditional Use Hearing, Tuesday, April 12, 2016, at approximately 6:30 P.M., at the Township Municipal Building, 1929 Route 519, Canonsburg, Pennsylvania ATTENDING THE MEETING Robert Balogh, Vice-Chairman Sonia Stopperich, Supervisor Marcus Staley, Supervisor Bob Ross, Supervisor ALSO ATTENDING THE MEETING Frank R. Siffrinn, Manager-Secretary Gary Sweat, Solicitor Joe Sites, Engineer Deanna Kelly, Stenographer ABSENT FROM THIS SESSION Brian Spicer, Chairman PUBLIC HEARING Mr. Balogh stated this is a public hearing on a conditional use application for a conservation subdivision located on acres along Thomas-Eighty Four Road in an R-2 district submitted by Creekside Crossing LP, 2585 Washington Road, Building 100, Suite 130, Pittsburgh, PA At this time, I would like to turn the hearing over to our solicitor. Is a representative here from Creekside Crossing? Steven Victor from Victor Wetzel Associates. We are here on behalf of the applicant. Also in the audience is Terry Bove, the developer., you submitted the conditional use application on behalf of Creekside Crossing LP as its agent? Yes sir. As the chairman has indicated, this is the time scheduled for the conditional use hearing on the application for approval of a conservation subdivision. The public hearing scheduled today was advertised in the legal section of the Washington Observer Reporter on Thursday, March 31, 2016 and on Tuesday, April 5, We will mark the applicant s conditional use application as hearing exhibit 1. The notice of publication as hearing exhibit 2. Once we receive the confirmation of advertising from the editor, we will add that to exhibit 2. do you want to review the application you submitted for this hearing? Yes. I have put together a power point presentation. We have made application for Creekside Crossing for a conditional use conservation subdivision because of the topography and the natural features. The revision allows us the most efficient usage of the property. The heavily outlined property is located in the R-2 zoning district, which allows conservation subdivisions as a conditional use. The property is divided by Thomas Eighty Four Road. Approximately one-third is on the south side of the road and two-thirds is on the north side of the road. The majority of the land use was agricultural. There are open fields already on the property. Where it was not suitable for agricultural purposes, it has been allowed to be grown into a wooded area. The neighbors to our north along Thomas Eighty Four Road are residential, and to the south and the west are agricultural. The topography map shows where the streams are located. The highest point of the property is at the north end. From there, the tributary drains into a drainage way and then rises back up to the south end of the site and drains into a watershed.

2 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 2 The sanitary sewer authority is working on plans to extend a trunk line parallel to the tributary. It is the desire of the DEP that along any unnamed tributaries there must be a riparian buffer which is a 150 feet on either side of the tributary. This will work well for what we are proposing to have as open space. DEP would also like to minimize the impacts into those woodland riparian buffers. This would allow for a cluster of housing on the south side. On the northern side where the drainage is, we would set that aside as well. The difficulty is we will have some encroachment into the stream buffer, so we added cul-de-sacs to minimize the impact. We have our storm water management retention facilities located within the open space to avoid contact with the streams. The landscaping we are proposing are street trees along all the proposed streets. There will be a buffer area along the perimeter of the property where there are not existing trees. The planting of those trees will meet the requirement conservation overlay. One of the elements we would like to bring to this plan is that we are building adjacent to the elementary school. We would like to take advantage of the trails that run through the property. We will be contacting the school district to see if we are able to enhance that trail. Hopefully, this will encourage the students to utilize the trail. In closing, we will have a recreational facility with a pavilion. There will be interconnecting trails running through the open space connecting to the sidewalks. This is the plan that was submitted to the Township following the Planning Commission meeting, and it is this plan we are asking for you to act on as a conditional use. We would like to submit the preliminary subdivision plan to the Planning Commission. We would go through the process of all proper permitting, such as the highway occupancy and stream crossings. The project is envisioned to be a four phase project. Phase 1 would be half of the southern portion of the site. Phase two would be the half of the northern section. Phase three would complete the Phase 1 loop. Phase four would complete both cul-de-sacs. The Planning Commission, by letter dated April 12, 2016, confirmed that it voted 4-1 to recommend approval for the conditional use application subject to the following stipulations: the crossing drive be continued around to form a backward P shape to eliminate the approximately 1,900 foot long cul-de-sac. You have addressed that? Yes. That was the term we used in the Planning Commission meeting. As you can see, the street comes up and is a backwards P. So, the plan meets the stipulation of the Planning Commission? Yes it does. Before we open the meeting for questions or comments, I am going to ask Mr. Sites our Township Engineer, who prepared a comment letter dated March 18, 2016, to review the application and the conditions of a conservation subdivision. I believe Creekside Crossing submitted a response to some of his comments. I noticed the owner and the applicant is Creekside Crossing LP. Yes. Is this a Pennsylvania Limited Partnership? Yes. Who is the general partner? Laurel Communities LLC. Can you give us a name of the principal owners?

3 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 3 The principal owners of Laurel Communities LLC are Marty Gillespie and Dan Caste. Mr. Sites Will they be executing any formal documents? Yes sir. I will go through the conditions, which are as follows: 1. In accordance with (a), the permitted uses shall be limited to single-family detached dwellings. The proposed development meets the condition and will consist of 164 lots with single family homes. 2. In accordance with (b), the minimum site size required shall be 10 acres. The proposed development exceeds the requirement with acres. 3. In accordance with (c), public sewage and public water services shall be provided to all dwelling units within the development. Public sewer and water will be available at the time of development of the site (d) requires that before determining the maximum number of lots to be permitted on a given tract, the total acreage of the tract (excluding existing rights-of-way) proposed for a conservation subdivision shall be reduced by 15% to accommodate potential new rights-of way. The applicant has completed this calculation, which reduces the site by 15.2 acres, resulting in a net area of 84.3 acres for development. This condition has been met (e) requires that in the A-2 District, the maximum dwelling unit density shall be one (1) unit per acre. The number of dwelling units authorized in the conservation subdivision shall be equivalent to the net site area determined by Subsection paragraph (d) above, expressed in acres, multiplied by the density factor of one. Any portion of an acre shall be rounded to the nearest acre. This condition is not applicable since the site for development is located in the R-2 zoning district (f) requires that in the R-2 District, the maximum dwelling unit density shall be two (2) units per acre. The number of dwelling units authorized in the conservation subdivision shall be equivalent to the net site area determined by Subsection (d) above, expressed in acres, multiplied by the density factor of two Any portion of an acre shall be rounded to the nearest acre. The site meets the requirement with a proposed number of units at rounded to 169 as the maximum, number of units as indicated on the plan. Only 164 units are proposed for the development as indicated on the plan. The March 2, 2016 letter prepared by Victor Wetzel Associates indicates 179 acres maximum which is incorrect (g) requires that in the A-2 District, the minimum lot area required for a single-family detached dwelling may be reduced, provided that it shall not be less than 21,780 square feet. This condition is not applicable since the site for development is located in the R-2 zoning district (h) requires that in the R-2 District, the minimum lot area required for a single-family detached dwelling may be reduced, provided that it shall not be less than 10,890 square feet. This condition is met in that all of the lots meet the minimum of 10,890 square feet (i) requires that in the A-2 District, the minimum lot width required for a single family detached dwelling may be reduced, provided that it shall not be less than 90 feet. This condition is not applicable since

4 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 4 the site for development is located in the R-2 zoning district (j) requires that in the R-2 District, the minimum lot width required for a single-family detached dwelling may be reduced, provided that it shall not be less than 60 feet. This condition is being met with the required property widths at building setback shown on the site plan (k) requires that in a conservation subdivision, the front yard setback required for a single-family detached dwelling may be reduced, provided that it shall not be less than 25 feet; and, the rear yard setback may be reduced, provided that it shall not be less than 20 feet. This condition is being me with the designated front and rear setbacks indicated on the site plan (l) requires that in a conservation subdivision, side yard setbacks required for a single-family detached dwelling may be reduced, provided that each side yard shall not be less than 10 feet. This condition is being met with the designated side yard setback indicated on the site plan (m) requires that the maximum permitted lot coverage for each individual lot in the conservation subdivision shall be 25%. The developer has indicated that this has been confirmed, but there is not any supporting documentation provided to prove that it will be in compliance. This requirement has not been met (n) requires that no lot proposed for a conservation subdivision shall front on a Township street or state road existing prior to the approval of the requested conservation subdivision. All proposed streets located in the conservation subdivision, intended by the developer to be taken over by the Township, shall meet the construction specifications of the Subdivision and Land Development Ordinance. This requirement is being met (o) requires that the development shall be so designed that privacy is preserved, views are protected, and groups of dwellings are arranged to preserve the open space atmosphere intended under the conservation subdivision. The developer has indicated that this has been confirmed, but there is not any supporting documentation provided to prove that it will be in compliance. This requirement has not been met (p) requires a buffer area of open space shall be located at the perimeter of the development where the lots are closest to adjoining property owners. The amount, density, and types of planting in the buffer area shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses, and natural views. Where adjacent property has been developed in such a manner that privacy from the conservation subdivision is desirable, the landscaped buffer area adjacent thereto shall be of sufficient density and contain sufficient evergreen material to effectively screen the portions of the development from which privacy is desired. Buffer area A per (3) must be provided. Any perimeter buffer shall be owned and maintained by the homeowners association and not be included in the area of the lots. The buffer area has been designated on the plan to be independent of the individual lots. The plan must designate the buffer area, and the proposed landscaping must be shown where existing vegetation is not present to achieve the buffer (q) requires that open space shall be provided in an amount equal to the difference between the minimum lot area for single-family dwellings, otherwise required in the zoning district, and the lot size proposed in the conservation subdivision. In no case shall the open space

5 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 5 be less than 20% of the total area of the development site. The balance of the land not contained in the lots shall be contiguous and easily accessible to the lots in the conservation subdivision, and shall be of such condition, size, and shape as to be usable for recreation, park or open space areas, or to serve to protect an environmentally sensitive area. The plan as submitted exceeds the minimum requirement with 41 acres of open space, or 40.5% (r) requires that safe and easy access to recreation, park and open space areas shall be provided by adjoining road frontage, easements or paths. Access ways to recreation, park and open space areas shall be sufficiently wide so that maintenance equipment shall have reasonable and convenient access to such area. The plan meets the requirement with all sidewalks and trails leading to the park. The neighborhood park will have its own access from Thomas Eighty Four Road (s) requires that the recreation, park and open space land shall be owned and managed in one of the two following ways: 1. Shall be held in common ownership by the owners of the lots within the development, and shall be protected by legal arrangements satisfactory to the Township sufficient to assure its maintenance and preservation. In this regard, covenants or other legal arrangements shall: a. Obligate purchasers to participate in a homeowner s association and to support maintenance of the open space areas by paying to the association assessments sufficient for such maintenance, and subjecting properties to a lien for enforcement of the respective assessments. b. Obligate such an association to maintain the recreation, park and open space areas and private streets and utilities. c. Provide that the Township, as well as other purchasers in the development, can enforce the covenants in the event of failure of compliance. d. Provide for agreement that, if the Township is required to perform any work pursuant to the item above, such purchasers would pay the cost thereof, and the same shall be a lien upon their properties until such cost has been paid; provided the developer shall be responsible for the formation of the homeowners association of which the developer, or if the developer is not the owner of the development, then such owner, shall be a member until all of the lots of record are sold; provide assurance that such covenants will be evidenced by recording in the office of the Recorder of Deeds of a perpetual maintenance of facilities as prescribed hereinabove, and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance. e. Guarantee that any association formed to own and maintain common open space will not be dissolved without the consent of the Board of Supervisors, and any other specifications deemed necessary by the Board of Supervisors. f. Guarantee that the recreation, park, and/or open space areas shall not be further subdivided or further developed. Improvements may be

6 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 6 made to said areas for the purpose for which they were originally proposed upon approval for the conservation subdivision. The applicant has indicated that he will comply with the requirements of (s) Shall be dedicated to the Township for public usage upon final plan approval. This provision shall not, in any manner, obligate the Township to accept the open space or any part thereof. The applicant has indicated he will comply with the requirements of (s) (t) requires that preliminary plans for a conservation subdivision shall be accompanied by information providing calculation of net site area and dwelling unit density, and describing how the lots, frontage and setbacks differ from the otherwise applicable requirements of the zoning district in which the conservation subdivision is proposed. The preliminary plan submitted with the conditional use application shall contain all the information required by the Subdivision and Land Development Ordinance for a preliminary plat. This requirement has been met. Mr. Sites Mr. Sites Mr. Ross You also had a comment letter dated March 9, 2016 addressed to the Planning Commission, correct? I believe so. Yes. A letter was received from Victor-Wetzel dated March 29, 2016 on behalf of Creekside Crossing. Was that in response to the conservation subdivision conditions? Yes. All conditions have been met. Any questions from the Board? Has anyone contacted the Department of Transportation? We have a traffic engineer working on it. Whether or not he has contacted them, I am not aware. At the scoping meeting, we will present the project. We will then be informed on what intersections to study. Do we have HOA fees in this development? Yes. I heard you are going to have ballfields, walking trails and recreation areas. Who will be responsible for maintaining those common areas? The homeowners association. When will Phase 1 start? Because of the permitting through the DEP for the riparian buffer, it takes a little bit longer than normal. The expectation is we would like to have the shovel in the ground in about 18 months. Is there going to be a community pool? Not at this time. We will look at that closer before we submit the preliminary plan. The developer will create the HOA and the by-laws?

7 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 7 Absolutely. Copies of that will be submitted to you at the time of the final plan. The intention would be to deed these common areas to the HOA? Absolutely. At what point would the members of the HOA take over ownership and control? The state law requires it to be at 66 percent or seven years, whatever occurs first. Any other questions? Anybody in the public like to be heard? Joe Waldrop, 873 Linden Road Eighty Four, PA As Brian knows, you have to put question marks on HOA. We had a problem in GlenCannon. Do you know what the dues will be per month? Mr. Bove No. We have not defined the extent of recreational improvements. If we decide to go with a club house and a pool, it will be a little more expensive. When will the HOA fees go into effect for the homeowners? It begins at their purchase. A management company collects and manages those fees. How will you handle garbage collection? Will that fall on the association? How is garbage collected currently in the Township? We will follow whatever you do today. Do you not have municipal garbage collection? We have garbage service that is billed directly from the garbage collection agency. They have the choice? No. They do not. GlenCannon does. The association can choose, but they individuals do not have the right. Do you have the storm water retention pond in? Yes sir. Who s responsible for the retention pond? If the Township requires it to be the HOA, we will be happy to have the HOA manage it. Not a problem. I think that this is an important item as to who has ownership and who is responsible for maintaining it. It is very important to address that issue. The DEP regulations have changed in the last few years. For example, before we turned over control of the ponds in Highcroft Preserve to the HOA, DEP did extensive inspections. The new HOA had to sign an affidavit that it was responsible, and ensure funds were collected to maintain the pond. Any further questions? If it is possible, I would like to ask if the conditional use hearing can be closed this evening and I would ask for an approval. It would be appreciated. We would like to submit our preliminary plans as soon as possible. If you are going to postpone

8 SPECIAL HEARING - TUESDAY, APRIL 12, 2016 PAGE 8 your decision, we are happy to wait. Thank you. ADJOURMENT There cannot be any action taken because this is a non-legislative meeting. Our next legislative meeting is when we will take action on this. Sounds great. We will be back on May 3rd. Before we close the record, I want to make sure we have all the exhibits. We have already identified the first two exhibits. Next is exhibit 3 the power point presentation of the applicant, exhibit 4 the project narrative, exhibit 5 letter of recommendation to the Planning Commission dated April 12, 2016, exhibit 6 comment letter from Mr. Sites, Township Engineer, exhibit 7 comment letter from Mr. Sites to the Planning Commission, exhibit 8 the applicant s response to the Planning Commission letter, and exhibit 9 the revised plan submitted on March 29, The record is closed. All business being concluded, the special meeting adjourned at 7:26 P.M. Robert Balogh, Chairman Frank R. Siffrinn, Manager-Secretary dmk