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RICHLAND TOWNSHIP PLANNING COMMISSION MEETING MINUTES MONDAY, OCTOBER 18, 2010

MEMBERS

Tim Gaichas ­ Chairman Diane Pontoriero ­ V. Chairman Bob Goetz ­ Secretary Jim McChesney Joseph Pillart

OTHERS PRESENT

Jeff Walzer ­ Building & Code Enforce. Officer Suzanne Owens ­ Recording Secretary

The meeting of the Planning Commission was called to order by Mr. Gaichas on October 18, 2010 at 7:10 p.m. There were approximately 16 people in the audience.

APPROVAL OF MINUTES

Ms. Pontoriero made a motion to approve minutes from the Planning Commission Meeting of September 20, 2010. The motion was seconded by Mr. Goetz and approved by all.

NEW BUSINESS

Richland Holdings, LLC ­ Consideration of preliminary and final subdivision plans for Phase IV of the Fairwinds Plan of Lots. Property situate at Willow Creek Drive in Zoning District "RM" Medium Intensity Residential, Lot & Block No. 2190-L-90. Revised plans dated October 7, 2010. Deemed approval date has been waived by applicant. Mr. John Schleicher of E.A. Thaner & Associates, a Gibson-Thomas Engineering Company, and Mr. Jeff Martin of Richland Holdings, LLC presented plans for Phase IV of the Fairwinds Plan of Lots. Following last months meeting and a fairly clean review letter from Shoup Engineering, there are a few third party outstanding items which are in the process of being addressed. Mr. Gaichas verified that they received the information sheet on the Impact Fee of $44,640.00. An overview of the project ­ it is located on the west side of Rt. 8 on Willow Creek Drive and is the extension of Willow Creek Drive coming in from Rt. 8 through the vacant property. It will tie in with two roadways coming down from Phase II. The proposal is for 36 lots on approximately 21.4 acres, "RM" Zoning District which requires 100' minimal frontage and 20,000 sq.ft. minimum area lots. All lots comply with required zoning. Stormwater detention is going to be by way of a retention facility on the golf course property adjacent to one of their existing ponds. It is going to be a wet detention facility ­ meaning it is going to have about 3' of permanent pool and approximately 4' of storage above that. There is also a bioretention facility to address. The stormwater treatment will consist of discharging to an existing wetland which will provide a filtering water quality feature discharged to the bioretention rain garden facility will also be a water volume quality feature and this will be heavily landscaped on the inside and any more intense storms will discharge to the conventional stormwater detention facility which will then discharge to the second pond up from the bottom of the golf course. The items listed in Mr. Scott Shoup's review letter dated October 14, 2010, were discussed as follows:

Planning Commission Minutes October 18, 2010 Page Two

1) Homeowner's Association documents and proposed covenants should be provided to the Township for review. Will there be a relationship between Phase IV Homeowner's Association and previous Homeowner's Association(s)? ­ These are currently being prepared. Mr. Martin stated at this point there probably will not be a relationship between the Phase IV Homeowner's Association and previous associations because there is no correlation between them; it will be separate. 2) Applicant should provide evidence from the Richland Township Municipal Authority of their ability and willingness to service the development. ­ There are detailed waterline design plans that are being submitted. Mr. Martin provided a letter from Richland Township Municipal Authority. 3) Sewage Facilities Planning Module Exemption Form along with required Capacity Support Letters should be submitted to the Township. ­ This is being submitted. 4) Following issues related to the Township's stormwater ordinance need to be addressed as follows: a. Agreements will be necessary for the off-site storm sewer and long term pond maintenance. Two parcels are involved with the affected portions of the golf course, being owned by Pittsburgh North Golf Club and Pittsburgh North Golf Partners, Ltd. ­ Agreement with the golf course entities is being worked on. b. Calculations of storm sewer capacities need to be provided. ­ This is being provided to Shoup Engineering. General Comments Mr. Goetz stated on sheet ST-1 he does not think it reflects the current cul-de-sac configuration at the end of Willow Creek Drive. It should be revised to reflect the asymmetric cul-de-sac 80' diameter. Mr. Schleicher said this will be corrected. Mr. Martin stated one of the key issues from last meeting was with regard to the four (4) trees along Mr. Emmett Brown's property that were going to be in the road right-of-way, and this was not in the best interest of the Township. Mr. Martin met with the Brown's and presented a letter signed by them stating the four (4) Township related trees may be placed on their private property. Mr. Schleicher elaborated on the biodiversity of the trees. They incorporated suggestions of the Planning Commission to use Little Leaf European Linden and Red Oak for the street trees. They added some diversity to the buffer trees and they will consist of Red Sunset Red Maple, Sugar Maple and Scarlet Oak as far as deciduous trees with a mixture of Eastern White Pine, Scotch Pine, White Fir and Blue Spruce evergreens intermingled. The homeowner/builder will be able to choose the remaining recommended plantings from the Township ordinance excluding any trees that are proposed for street trees or buffer trees. From these they are to choose one of each different species for a total of four (4) trees.

Planning Commission Minutes October 18, 2010 Page Three

Dan McElroy, 4079 Willow Creek Drive, spoke on behalf of some of the residents of the Homeowner's Association. They are trying to determine how the covenants for Phase III have diminished for Phase IV? It was a prerequisite that he sign off on the covenants in order to get his mortgage. Some of the items in the covenants that had to be maintained for Phase III were a) lot size had to be a half acre and b) he believes homes had to be a 2300 square foot minimum ­ although it does not state anything regarding the value of the homes starting at $400,000. His biggest concern is how he as a taxpayer can live in a community where he expects a Township to honor what he has built into and not stand behind the initial advertisement of where he purchased? Richland Holdings advertised properties starting at $400,000 and now they are starting at $268,000. Larry Garber, 2021 Lynn Lane, lives in Phase II of the Fairwinds Plan. He understands that it is not the responsibility of the Planning Commission to enforce the covenants but he is asking that the Homeowner's Association be given time to talk to the developer to make sure things are consistent within Phase I thru IV. There were stipulations in the covenants for Phase III and Phase IV and because it changed builders it doesn't change the covenants. They would like time to talk with the developer and if he doesn't want to go along with what has already been established the way they sold the property and the way they bought the properties, then give the Homeowner's Association time to talk to legal counsel and see if they can get things resolved. He asked that the Planning Commission not issue any permits at this time. Mr. Gaichas responded to Mr. Garber saying the Planning Commission would recommend this to the Board of Supervisors and they would choose to either approve of or disapprove of the plan as presented. Additionally, Mr. Gaichas stated that Mr. Schleicher and Mr. Martin have appeared in front of the Planning Commission for the last three months regarding this plan. Mr. Walzer stated that he does not think legally they can delay a plan for covenant reasons. They are governed by the state MPC (Municipal Planning Code) and they can write ordinances regarding the size of lots, setbacks, landscaping, stormwater management, etc. W ith regard to the value of the homes and covenants, that is a document for the residents who live in that plan and the Planning Commission cannot enforce that. Mr. Walzer said if they get their approval tonight there will be 30 days before they appear at the Board of Supervisors meeting. Both parties are in the room; Mr. Walzer suggested they talk to one another. Ms. Pontoriero stated the Planning Commission does not approve the homes; all they approve is the subdivision plan. They have no control over the homes that are built on the properties. Mr. Martin, managing partner of Richland Holdings, stated there is not and will not be any change in the covenants from Phase III. There has been one home plan submitted for a building permit that is around 3000 sq.ft. which exceeds the minimum square footage required for Phase III. He said his comment that there were going to be changes in the

Planning Commission Minutes October 18, 2010 Page Four

Homeowner's Association for Phase IV is directed primarily because in Association for Phase III is basically defunct. It is there but there has never been a charge to anyone because there is no common area to maintain. There has never been any monthly fee charged. There is a Homeowner's Association but it is not much more than a group who want to get together and talk about something. Because of new Township requirements, landscaping, detention ponds, etc. the new Homeowner's Association for Phase IV will be paying a monthly fee. There will be a whole new set of covenants made up for this and they have not yet determined what the other requirements will be, they are still working on this. They are trying to get this done so they know where they are cost wise for the lots. Dan McElroy spoke again stating that square footage means absolutely nothing when you are building in a custom plan. His concerns are with regard to the integrity of his investment and maintaining the covenants. He bought into an advertisement that said you are buying a home in a custom plan and now here he is stuck in a plan where homes are going to decrease the value of his home. Ms. Pontoriero made a motion to grant preliminary and final approval to the Richland Holdings Phase IV Fairwinds Plan dated October 7, 2010 with the following inclusions: 1) The Traffic Impact Fee of $44,640.00, 2) Meet all requirements of Shoup Engineering letter dated October 14, 2010, and 3) Make change on sheet ST-1 reflecting the new cul-de-sac design. The motion was seconded by Mr. Goetz and approved by all. Guy W. Pedicone ­ Consideration of zoning change plans for properties situate Station Hill Road, Lot & Block Nos. 2005-L-279 and 2005-L-292. Current Zoning District is "RL" Low Intensity Residential. Proposed Zoning District is "M" Light Industry/Manufacturing. Revised plans dated September 28, 2010. Mr. Gaichas asked Mr. Pedicone if he received the copies of page 233-234 of the Richland Township Zoning Ordinance and Mr. Pedicone said yes he received them five minutes before the meeting began. Mr. Gaichas apologized to Mr. Pedicone for this and said he would take responsibility ­ it is something he should have been aware of. These were the updates to the Codified Code, specifically Chapter 27, which the Planning Commission reviewed at length, passed on to the Board of Supervisors and final amendment of the document was done August 2009. Mr. Gaichas said all of the Planning Commission should have been aware of this prior to Mr. Pedicone coming not only this evening but last month. Along these lines, Mr. Gaichas said Section 27-1803 Rezoning Application Requirements has a specific set of requirements that require Mr. Pedicone to submit specific official forms provided by the Township. These documents need to be provided in order for the Planning Commission to consider the rezoning.

Planning Commission Minutes October 18, 2010 Page Five

Mr. Pedicone said what he proposes to do is submit all of the information to the Board of Supervisors at their next meeting. Mr. Goetz made a motion to table the zoning change for properties situate at Station Hill Road. The motion was seconded by Mr. McChesney and approved by all. Russell N. Kohser ­ Consideration of lot line revision plans for properties situate Sandy Hill and Morrow Roads, Lot & Block Nos. 2191-A-5, 2191-A-106, 2191-A-108 and 2191-B-273. Zoning District "RA" One Acre Residential. Revised plans dated September 23, 2010. Deemed approval date December 18, 2010. Mr. Walzer stated when Mr. Kohser was in last month the thought was he had to clean up a consolidation of two lots, but there is a copy of a recorded plan ­ all Mr. Kohser has to do is submit for a lot line revision. A lot line revision plan would only come to the Planning Commission and, if approved, then to the County. Mr. Kohser also wants to extend sewers so he needs to enter into an agreement with the Township. The plans will be reviewed by the Board of Supervisors and the Township Engineer and easements given. Mr. Kohser presented the plans and stated the reconfiguration of Lots 1 and 2. He is asking the Planning Commission to approve the change in the boundaries as they are shown and also to vacate the storm water easement so when they put the storm sewers in along Sandy Hill Road that is deemed no longer necessary. The items listed in Mr. Scott Shoup's review letter dated October 14, 2010, were discussed as follows: 1) Prior to development of Lot 1 and Lot 2, the owner must execute a sewerline extension agreement and sanitary sewer easement agreement with the Township. There was a letter presented from the County stating they reviewed the lot line revision and have no comments. Also, a letter from Carol Frohnert of North Hills Engineering dated September 23, 2010 addressing the comments from the previous meeting. Mr. Goetz made a motion to grant approval of the Kohser lot line revision based on revised plan dated September 23, 2010. Also in consideration of the Shoup Engineering letter dated October 14, 2010; Allegheny County Economic Development letter dated October 8, 2010; and North Hills Engineering letter dated September 23, 2010; and the properly submitted and paid for application. The motion was seconded by Ms. Pontoriero and approved by all. William C. Zavidny ­ Consideration of lot consolidation plans for properties situate Valencia Road, Victoria Avenue and Elaine Street, Lot & Block Nos. 2188-A-33, 2188-A-47 and 2189-A-MD-200. Zoning District "RA" One Acre Residential. Revised plans dated October 15, 2010. Deemed approval date December 18, 2010. Ms. Susan Peluso, on behalf of William Zavidny, presented the plans. She stated the revision is to remove two parcels that the County was unable to assign parcel numbers.

Planning Commission Minutes October 18, 2010 Page Six

Rather than wait for this, Mr. Zavidny just had the parcels eliminated. Mr. Gaichas asked Mr. Walzer if this is okay and he said yes. Mr. W alzer explained he received a letter from the County regarding some issues and he gave the information to Mr. Zavidny. Mr. Zavidny and his engineer had a meeting with the County and it was his choice to remove the two parcels. Ms. Pontoriero stated the zoning district is "RA" One Acre Residential and they are now at .768 acres. Mr. Walzer said this is a consolidation plan and all of the lots were non-conforming. It is still non-conforming but it is more conforming than it was. Mr. Goetz made a motion to recommend approval of the William Zavidny Lot Consolidation revised plan dated October 15, 2010 with the note that the consolidated lot will be .768 acres, which is less than the 40 sq.ft. minimum in "RA" but is more conforming than the existing lots. The motion was seconded by Ms. Pontoriero and approved by all. There being no further business, the meeting was adjourned at 8:00 p.m. Approved by, Respectfully submitted,

Tim Gaichas, Chairman sro/ cc:

Suzanne Owens, Recording Secretary

Richland Township Board of Supervisors Zoning Hearing Board

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