Peters Township Planning Commission Minutes February 14, :00 p.m. Mr. Mills, Mr. Vogel, Mr. Brandstatter, Mrs. Legowik

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Peters Township Planning Commission Minutes February 14, 2013 7:00 p.m. 1. Roll Call Commissioners Present: Planning Director: Assistant Planner: Absent: Mr. Mills, Mr. Vogel, Mr. Brandstatter, Mrs. Legowik Mr. Zuk Mrs. Moldovan Mr. Carey 2. Approval of Minutes January 10, 2013 Meeting The minutes were approved as submitted. 3. Reports and Correspondence None 4. Plats/Site Plans filed for Review 1. Whispering Pines, Phase 1 Final Plan Boyer Road. 5. Approval of Agenda 6. Audience Comments 7. Old Business: None 8. New Business: A. Final Plan Paul Plan Brookdale Road/E. Edgewood Drive James Paul and Joan Blasco-Paul, owners of a 1.01 acre lot in the Brookdale Farms Plan are seeking Township approval of the Paul Plan of Lots. The Paul property is located at the corner of Brookdale Road and E. Edgewood Drive. The property is Zoned R-1A single-family residential. Mr. and Mrs. Paul purchased the property in 2004 from Shirley Vulcano. In December, 2003 the Zoning Hearing Board granted the Vulcano s a variance (decision attached) to create Lot 502. The lot size for corner lots which is 23,780 S/F could not be met by 1,565 S/F. Lot 502 is 22,215 S/F (.509 acres). The Vulcano s proceeded on through the subdivision process and on May 10, 2004 received Township approval to subdivide, but never recorded the subdivision. The Paul Plan is the same Plan previously approved for the Vulcano s. The Paul Plan splits the property into two (2) lots. Lot 501 will contain the existing Paul residence on a half acre lot. Lot 502 is the new lot which maintains the recorded (Brookdale Farms) forty (40) foot building line along Brookdale Road. Mr. Mills asked if this would require a traffic impact fee. Mr. Zuk responded, it does not. A motion was made by Mrs. Legowik to recommend to Council the approval the Final Paul Plan- Brookdale Road. Seconded by Mr. Vogel. Motion passed unanimously 4-0. 1

B. Final Plan Hill Place Estates Rev. 1 ~ Hill Place Road John and Lourdes Boschuk owners of twenty nine (29) plus acres at 235 Hill Place Road have an executed sales agreement with Mark and Deborah Raymond to sell Parcel A-2 in the Hill Place Estates ~ Revision 1 Proposed Plan. The Hill Place Estates ~ Revision 1 Plan is a re-subdivision of Parcel A in the Hill Place Estates Plan recorded in December, 1989. The Proposed Plan creates one (1) new lot Parcel A-2 which is 5.427 acres. The Raymond s plan on building their new residence on Parcel A-2. Parcel A-1 which is 24 acres will be retained by the Boschuck s. On December 17, 2012 Council approved (Decision attached) a modification to permit the subdivision of Parcel A-2 subject to compliance with nine (9) conditions. Prior to Council considering the Hill Place Estates Revision 1 Plan for approval the conditions included in Council s Modification Decision need to be on the Final Subdivision Plan. Mr. Victor reported the County has specific standards for deactivating the septic tank. Don t really remove the tank, the top is broken, it is then backfilled with sand, the pipes just stay in the ground. A motion was made by Mr. Vogel to recommend to Council the Final Plan Hill Place Estates Rev. 1 subject to the following conditions: 1. Washington County Planning Commission review. COMPLETE 2. DEP approve the required Planning Module for the new on-lot sewage system on Parcel A-2 prior to the Final Plan being released for recording. PENDING 3. The address for Parcel A-2 be corrected to 219 Hill Place Road. COMPLETE 4. The Final Plan be corrected by removing the reference to re-subdividing Lots 1 and 2 in the Hill Place Estates Plan. COMPLETE 5. The approved Washington County Sewage Council Perc Test site and the new on-lot sewage system be protected by an easement on Parcel A-2. PENDING 6. The deed restriction stipulating no further subdivision shall occur until public sanitary sewer becomes available and no new lot can be less than five (5) acres affecting Parcels A-1 and A-2, be prepared and a copy of the recorded deed restriction be provided to Peters Township prior to a building permit being issued for Parcel A-2. PENDING 7. The following Conditions be included on the Final Plan under Clause 17, Appendix D, Subdivision Ordinance; a. Prior or issuance of a building permit for Parcel A-2 a storm water management plan and an erosion and sedimentation control plan be submitted and approved by Peters Township and the Washington County Conservation District. COMPLETE b. All storm water run-off from impervious area on Parcel A-2 be collected and conveyed to the upper and lower ponds on Parcel A-1. COMPLETE c. Storm water run-off from the swale on Parcel A-2 near the fence line adjacent to Lots 1 and 2 in the Hill Place Estates Plan be captured and redirected to the east side of Parcel A-2. COMPLETE 2

d. At the time of building permit application for Parcel A-2 a Landscape Plan be submitted detailing the buffering and natural mounding adjacent to lots 1 and 2 in the Hill Place Estates Plan. COMPLETE e. Prior to issuance of a building permit on Parcel A-2, the Washington County Sewage Council issue the required on-lot sewage permit. COMPLETE f. The new on-lot sewage system on Parcel A-2 be located on the eastern side of the Parcel away from Lots 1 and 2 in the Hill Place Estates Plan. COMPLETE g. Prior to issuance of a building permit on Parcel A-2 the required $1,386.00 Traffic Impact Fee be paid. COMPLETE Seconded by Mrs. Legowik. Motion passed unanimously 4-0. C. PADOT/Stephen Szabo wall height variance - Recommendation to Zoning Hearing Board~Old Washington/Valley Brook Roads Applicant: Pennsylvania Department of Transportation Engineering Dist. 12 Joseph Szcur 825 N. Gallitan Ave. Ext. Uniontown, PA 15401 Property Owner: Stephen and Mary Szabo 3101 Washington Rd. McMurray, PA 15317 Property Location: Located at the on-ramp to Rt. 19 (intersection of Old Washington Road and Valley Brook Road.) Tax id # 540-007-00-00-0041-02. Requested Action: Request for a variance for a retaining wall to exceed the maximum 6 height. The maximum height of the proposed wall is 33. Section Reference: Chapter 9, Section 8 Specific Standards for Retaining Walls on all Properties other than single-family lots; That the retaining wall not exceed six (6) feet. Chapter 27, Zoning Ordinance, Section 912, Walls and Fences Site Zoning and Use: C-2 General Commercial. The site is currently vacant. Surrounding Zoning and Use: North: C-2; Commercial plaza/ Enhancement Center and Spa in the Hollow South: C-2; Commercial plaza/ St. Petersburg Center East: R-1A; Single Family homes on Old Washington Road West: C-2; Stephen Szabo Salon existing parking lot and building. Physical Characteristics: The subject site, Lot 3A, Szabo Plan, has a tributary to Brush Run Creek traversing north to south through the eastern portion of the property. Topographically the majority of the parcel is very steep with a 100 year flood plain along the tributary to Brush Run Creek. There is a steep slope approaching approximately 40% on portions of the property. 3

Property History: Stephen and Mary Szabo are the owners of this 2.52 acre property. It is a vacant piece of property located directly adjacent (southeast) of their commercial plaza which is located on Rt. 19 at 3101 Washington Road, and houses their hair salon business. The property had been zoned R-1 since the late 1950 s. The 2001 Comprehensive Plan had not called for a rezoning on the property, but due to the anticipation of the intersection relocation, and the Szabo property losing a significant portion of the parking lot, Ordinance no. 708 was passed and rezoned the property from R-1A to C-2 on February 9, 2009. Several homeowners in the area were concerned about the rezoning from residential to commercial therefore a restrictive covenant was placed that they maintain a natural buffer area of 25 feet along the rear (easterly) portion of the property line of the Subject Property and Old Washington Road and that no access is sought between the Subject Property and Old Washington Road. The Department of Transportation has filed a declaration of taking of a significant portion of the Szabo property, eliminating 20 parking spaces. To avoid a total taking of the property and for just compensation, as part of the intersection improvement PennDOT will be constructing a replacement parking lot on the Szabo property. This was a major factor in the Township rezoning the property as the need for the intersection improvement was deemed a public health and safety concern. Analysis: The wall would be split stone in a segmental block system similar to that used at the Peters Township library and Max & Ermas. The highest area would be approximately 32-33, but tapers to being 10-15 for the majority of the wall. The top of wall and bottom of wall are color coded in the attached plan in order to get an idea of where the highest point will be in relation to surrounding properties and roads. Approximately 1/3 of the parking lot will need to be taken for the interchange project, therefore, this hardship is not self-created. PA DOT will be paying for the parking lot as mitigation to the taking. Engineering for the wall has not been finalized, but the area that will be filled to grade will be a Geo Grid. A Geo Grid, which is a plastic mesh that will tie the soil together and stabilize the fill it is anticipated that much of the backfill behind the wall and under the new parking lot would be engineered fill- 2A stone. Planning Staff recognizes the need for the improvements to this intersection. Therefore, we do not have a problem with this variance request as long as the Township can have some influence over the look of the wall. Staff met with the project liaisons, and they are willing to work with the Township on color scheme, etc. Over the past 10 years, there have been several wall height variances granted by the Zoning Hearing Board. Two examples would be the Lakeside Plaza shopping center and the McMurray Shoppes on Rt. 19. These projects are located directly above Waterside Drive in the Water s Edge Townhomes plan. The Commissioners discussed the fence and the wall. Mrs. Moldovan recommended a condition of a 4 high, metal ornamental fence installed at the top of the wall. A motion was made by Mr. Brandstatter to recommend to the Zoning Hearing Board the PADOT/Szabo wall height variance subject to the following conditions: 1. That the variance will expire if the Applicant fails to properly apply for all necessary permits within two (2) years from the date of this decision, or fails to begin the permitted activity within six (6) months from the date such permits are granted. 2. The wall shall be an earth tone color. 4

3. Peters Township Planning Commission approves a site plan that includes a lighting and landscape plan. 4. Final wall design stamped by a licensed professional engineer must be submitted for final site plan approval. 5. An on-site Geotechnical Engineer shall inspect all earthwork and wall construction. The wall must be constructed under the supervision of a geotechnical engineer and inspection reports be submitted weekly to the Township. 6. A minimum 4 high ornamental aluminum fence be installed at the top of the wall. 7. That this variance may be modified/reduced as part of a pending future variance on the subject property by the owner for an additional access drive. Seconded by Mr. Vogel. Motion passed unanimously 4-0. Mr. Zuk reported the Valley Brook/Rt. 19 project will begin May 9 th and continue for 16 months. 9. Planning Portion Miscellaneous Issues brought up by Commission or Staff Mr. Brandstatter expressed concerns about the lack of landscaping done by Paramount along East McMurray Road. It was his understanding there were going to be several trees planted. Mr. Zuk stated he will check into this matter and report to the Commission at the March, 2013 meeting. 5