FOREST HILLS BOROUGH PLANNING COMMISSION MEETING MINUTES THURSDAY, NOVEMBER 30, :00 PM

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FOREST HILLS BOROUGH PLANNING COMMISSION MEETING MINUTES THURSDAY, NOVEMBER 30, 2016 7:00 PM I. CALL TO ORDER II. ROLL CALL Name Norm Keller, Chairman Paul Kimicata Lisa Michel Scott MaGaw Marilyn Gelzhiser Steve Greenberg Matthew Rendulic Alyssa Golfieri, Assistant Borough Solicitor Present III. ADMINISTRATIVE 1. Planning Commission needs additional time to review draft meeting minutes from October 26, 2016 meeting; minutes will be adopted at the net regular Planning Commission meeting. 2. Notice of tonight s special meeting was advertised pursuant to the requirements of the Pennsylvania Sunshine Act. IV. OLD BUSINESS 1. Pitt RE, LLC Conditional Use (Restaurant) Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting conditional use approval related to the use of property located at 2065 Ardmore Boulevard (300-H-65) as a restaurant. The subject property is currently zoned S-1 Special; a request by Pitt Re, LLC to rezone the property to B- 1 Business received a favorable recommendation from Planning Commission at its October 26, 2016 meeting and is now pending before Borough Council. The application is made pursuant to Sections 27-304, Table 27-1, and Part 9 of the Borough s Zoning Ordinance. Christopher Hamm, P.E. with KDH Consulting Engineers, Inc. and Edward Jaten, CEO of Heartland Restaurant Group addressed the Planning Commission on behalf of the Applicant. As eplained during the October 26, 2016 Planning Commission meeting, Mr. Hamm stated that the Applicant desires to construct a Dunkin Donuts on property located at 2065 Ardmore Boulevard. The property is currently {B2942430.2} 1

zones S-1 Special. Restaurants are not permitted in the S-1 Special District. Therefore, the Applicant has requested a Zoning Map Amendment to change the zoning district classification of the property from S-1 Special to B-1 Business District (in which restaurants are permitted as a conditional use). Planning Commission voted to recommend approval of the Applicant s Zoning Map Amendment request at its October 26, 2016 meeting. - Planning Commission had no comments or questions specifically related to this request. c. Public Comment None. Motion to Table consideration of Pitt Re, LLC s conditional use application seeking approval to use property located at 2065 Ardmore Boulevard as a restaurant. Mr. Rendulic moved 2. Pitt RE, LLC Subdivision and Land Development Application (2065 & 2071 Ardmore Boulevard). Pitt RE, LLC is seeking subdivision and land development approval to: (1) Modify the southeast lot line of property located at 2065 Ardmore Boulevard (300-H-65); (2) Modify the northwest and northeast lot line of property located at 2071 Ardmore Boulevard (300-H-60); (3) Construct a restaurant and related appurtenances on property located at 2065 Ardmore Boulevard (300-H-65); and (4) Construct a retail store and related appurtenances on property located at 2071 Ardmore Boulevard (300-H-60). This application is made pursuant to Part 3 of Chapter 22 of the Forest Hills Borough Code of Ordinances, Subdivision and Land Development, as amended. At the October 26, 2016 Planning Commission meeting, the Applicant eplained: (1) it is seeking both subdivision and land development approval for 2065 and 2071 Ardmore Boulevard at this time; (2) the Applicant understands that if it changes its proposed use (i.e., retail {B2942430.2} 2

store) on 2071 Ardmore Boulevard, it may need to obtain additional Borough approvals. Mr. Hamm clarified that all tie-ins for the stormwater take place on the subject property; no PennDOT HOP is necessary. Planning Commission discussed whether the Applicant could save/use any of the eisting landscaping on the subject properties. The Applicant stated that the eisting landscaping cannot be saved dur to the fact that the proposed construction will damage the eisting root systems. In addition, the Applicant is proposing to install a stormwater drain on the subject property where eisting landscaping is located. Before the Planning Commission can make a recommendation for approval, the Applicant must satisfy the outstanding Borough Engineering review comments set forth in the Borough Engineer s review letter dated November 10, 2016. Specifically, the Applicant must: {B2942430.2} 3 (1) Submit a photometric site plan. (2) Submit a full scale Subdivision Plat. (3) Revise the plans to reflect accurate zoning designations. (4) Designate the width of the proposed sidewalks on the plans (minimum of 5 wide). (5) Submit, if it hasn t already, an E&S Plan to the County for review and approval. (6) Show an easement on the plans for the overhead wires on the southwest corner of the property and verify that the proposed building will sit outside of this easement. (7) Show an easement on the plans for the eisting storm sewer located on the property (parallel to Short Street) and verify that the proposed building will sit outside of the easement. (8) Address outstanding stormwater management issues. (9) Address outstanding E&S issues. (10) Confirm that all proposed trees, bushes and hedges are set back at least 2 feet from the sidewalk and street curb. If they are not, the Applicant must seek a variance from Section 27-1002.B of the Zoning Ordinance. (11) Confirm that any proposed landscaping along Short Street does not impact the clear sight triangle and otherwise complies with Section 27-1003 of the Zoning Ordinance. (12) Confirm that the proposed parking lot on 2071 Ardmore Boulevard is landscaped with at least one canopy tree or two understory trees and four shrubs for each 5 spaces or fraction thereof. If it is not, the Applicant must seek a variance.

c. Public Comment None. (13) Confirm whether the proposed parking lot on both 2065 and 2071 Ardmore Boulevard will contain perimeter parking at a width of 5 feet. If they will not, the Applicant must seek a variance. Motion to Table consideration of Pitt Re, LLC s subdivision and land development application related to property located at 2065 and 2071 Ardmore Boulevard. Mr. Rendulic moved 3. Pitt RE, LLC Variance (Retaining Wall) Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting a variance from the 15-foot required front and rear yard setback requirements of Sections 27-305 and 27-1002 and Table 27-2 of the Borough s Zoning Ordinance in order to locate a 14 foot tall retaining wall along the northeast and northwest lot lines. Mr. Hamm confirmed that the proposed retaining wall will be 14 feet tall at its highest point and will be constructed of reinforced concrete. The Applicant will need to revise the site plan to show the applicable setbacks and the distance of the retaining wall to the lot lines. Per the Borough Engineer s November 10, 2016 review letter, the Applicant needs to submit a detailed plan for the retaining wall, including profile views. c. Public Comment - None Motion to Recommend Approval of Pitt Re, LLC s request for a variance from the 15-foot required front and rear yard setback requirement in order to locate a 14 foot tall retaining wall along the northeast and northwest lot lines subject to the Applicant (i) revising its site plan to show the applicable setbacks, (ii) revising its site plan to show the distance of the retaining wall from the property s lot lines, and (iii) submitting a detailed plan for the retaining wall with profile views. Mr. Kimicata moved {B2942430.2} 4

V. NEW BUSINESS 1. Pitt RE, LLC Special Eception (Retaining Wall) Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting special eception approval pursuant to Section 27-1002.A of the Zoning Ordinance to permit the construction of a retaining wall less than 3 feet from the Subject Property s northwest, front lot line. - None. The Applicant will need to revise the site plan to show the distance of the retaining wall to the lot lines. Per the Borough Engineer s November 10, 2016 review letter, the Applicant needs to submit a detailed plan for the retaining wall, including profile views. c. Public Comment Motion to Recommend Approval of Pitt Re, LLC s request for a special eception to permit the construction of a retaining wall less than 3 feet from the Subject Property s northwest, front lot line subject to the Applicant (i) revising its site plan to show the distance of the retaining wall from the property s lot lines, and (iii) submitting a detailed plan for the retaining wall with profile views. Mr. Kimicata moved 2. Pitt RE, LLC Conditional Use (Parking) Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting conditional use approval pursuant to Section 27-701.E of the Zoning Ordinance to permit parking spaces to be located on a lot other than that containing the principal use. Mr. Hamm eplained that his office performed a traffic count at the Dunkin Donuts location in South Greensburg. Per the count, between 7 a.m. and 9 a.m. there were, at peak, 11 vehicles in the parking lot at 7 vehicles in the drive-thru. Mr. Hamm further eplained that 75% of Dunkin Donuts sales occur between 5 a.m. and 11 a.m. and that there will be seating for 20-25 patrons in the building. {B2942430.2} 5

Mr. Jaten eplained that the Applicant has designed the drive-thru so that a maimum of 12 cars can stack without causing any traffic congestion. In addition, if the subject property would eperience an increase in the number of vehicles utilizing parking at any given time, vehicles may utilize the parking spaces on the adjacent property (2071 Ardmore Boulevard) for overflow parking. Mr. Hamm noted that Dunkin Donuts is entering into a Revocable License Agreement with the Borough to utilize 6 parking spaces located on adjacent Borough-owned property. The use of the 6 parking spaces will be restricted to use by Dunkin Donut employees only; no patron parking. The Planning Commission recommended, pursuant to the Borough Engineer s November 10, 2016 review letter, that the Applicant identify the 6 overflow parking spaces located on the Borough s property on the site plan. c. Public Comment - None Motion to Table consideration of Pitt Re, LLC s request for conditional use approval to permit parking spaces to be located on a lot other than that containing the principal use. Mr. Rendulic moved 3. Pitt RE, LLC Variance (Parking) Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting a variance from the minimum parking space requirements of Section 27-701.A of Chapter 27 of the Forest Hills Code of Ordinances, Zoning, as amended, (the Zoning Ordinance ) to permit a reduction in the minimum parking spaces required for restaurants. Mr. Jaten noted that he believes there are more than 4 Dunkin Donut employees on a peak shift. Mr. Jaten to discuss with Anthony Braun and provide accurate count. c. Public Comment - None {B2942430.2} 6

Motion to Recommend Approval of Pitt Re, LLC s request for variance from the minimum parking space requirements applicable to restaurants to permit a reduction in the minimum parking spaces required for restaurants from 43 spaces to 35 spaces subject to the Applicant (i) identifying the 6 overflow parking spaces located on the Borough s property on it s site plan, and (ii) confirming the number of employees on a peak shift. Mr. Kimicata moved 4. Pitt RE, LLC Street Access Permit Request (2065 Ardmore Boulevard). Pitt RE, LLC is requesting a street access permit in order to alter the driveway to and from property located at 2065 Ardmore Boulevard onto Filmore Road. This application is made pursuant to Part 5 of Chapter 21 of the Forest Hills Borough Code of Ordinances, Streets and Sidewalks, as amended. The Applicant has reached an agreement with the Borough concerning the use of the Filmore Road entrace to 2065 Ardmore Boulevard. Specifically, the Applicant has agreed to restrict the use of the Filmore entrance to only right turns onto Filmore and left turns off of Filmore. Therefore access to/from Ardmore Boulevard via the Filmore entrance will be prohibited. The Applicant must submit a waiver request from Section 21-505 of the Borough s Streets and Sidewalks Ordinance, which prohibits a driveway serving a non-residential use from accessing a local street in order to utilize the Filmore entrance. The Planning Commission believes restrictions on the Filmore access is unnecessary. The Planning Commission noted that there are other local (residential) roads in the Borough that do not restrict the flow of traffic away from Ardmore Boulevard. c. Public Comment None. Motion to Table consideration of Pitt Re, LLC s request for a street access permit in order to alter the driveway to and from property located at 2065 Ardmore Boulevard onto Filmore Road. Mr. Rendulic moved {B2942430.2} 7

VI. COMMENTS 1. Planning Commission s net scheduled meeting (December 7, 2016 at 7:30 PM) is canceled. 2. Planning Commission s net regular meeting is Jan 25, 2017 at 7:00 PM. 3. Starting in January 2017 all regularly scheduled meetings of the Planning Commission will take place at 7:00 PM. VII. ADJOURNMENT Mr. MaGaw moved Mr. Kimicata second {B2942430.2} 8