richland township board of supervisors raymond p. …

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RICHLAND TOWNSHIP BOARD OF SUPERVISORS July 21, 2021 PUBLIC MEETING The Richland Township Board of Supervisors meeting was called to order at 7:00 PM by Chairman, Raymond P. Kendrick. Mr. Kendrick announced that the Supervisors met in executive session before the meeting to discuss pending litigation. There were eleven (11) members of the public present in the audience. The officials in attendance were: Raymond P. Kendrick, Chairman Donna L. Snyder, Supervisor George P. Allen, Vice Chairman Dean E. Bastianini, Township Manager John A. Marshall, Supervisor Tina L. Shaw, Recording Secretary Ann M. Miller, Supervisor Emily Mueller, Solicitor Mr. Bastianini explained that the presentation on the forthcoming bond issue was being postponed due to a delay in the bid opening date for Allegheny Valley Joint Sewer Authority project. Ms. Snyder made a motion to approve the minutes from the Supervisors’ meeting of June 16, 2021. Mr. Marshall seconded the motion and it was approved by all. Mr. Kendrick asked for public comments. No one came forward. Mr. Allen made a motion to approve the June 2021 Financial Statements as presented. The state- ments included balance sheets, revenue/expenditure reports and a list of checks issued from all funds. Mr. Marshall seconded the motion, and it was approved by all. Mr. Marshall made a motion to approve the bills payable in the following amounts: General PLGIT $34,642.27, Sewer Fund $2,954.05 and General Capital; Reserve Fund $5,619.50 and a list of supplemental General Fund bills totaling $18,402.95 to be paid on July 23 rd . Ms. Snyder seconded the motion, and it was approved by all. CORRESPONDENCE Sam Mermelstein, Manager 4137 Bakerstown Road, LLC A letter asking the Board if they would consider a zoning amendment to allow apartments in the Neighborhood Commercial (NC) District. Mr. Bastianini and Ms. Mueller briefed the Board on the request and the zoning amendment process. All costs and risks would be the responsibility of the applicant. Mr. Marshall made a motion stating that the Board could not guarantee it would approve such an amendment and further authorized the Township Solicitor to inform Mr. Mermelstein

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Page 1: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

RICHLAND TOWNSHIP

BOARD OF SUPERVISORS

July 21, 2021

PUBLIC MEETING

The Richland Township Board of Supervisors meeting was called to order at 7:00 PM by

Chairman, Raymond P. Kendrick. Mr. Kendrick announced that the Supervisors met in executive

session before the meeting to discuss pending litigation. There were eleven (11) members of the

public present in the audience. The officials in attendance were:

Raymond P. Kendrick, Chairman Donna L. Snyder, Supervisor

George P. Allen, Vice Chairman Dean E. Bastianini, Township Manager

John A. Marshall, Supervisor Tina L. Shaw, Recording Secretary

Ann M. Miller, Supervisor Emily Mueller, Solicitor

Mr. Bastianini explained that the presentation on the forthcoming bond issue was being postponed

due to a delay in the bid opening date for Allegheny Valley Joint Sewer Authority project.

Ms. Snyder made a motion to approve the minutes from the Supervisors’ meeting of June 16,

2021. Mr. Marshall seconded the motion and it was approved by all.

Mr. Kendrick asked for public comments. No one came forward.

Mr. Allen made a motion to approve the June 2021 Financial Statements as presented. The state-

ments included balance sheets, revenue/expenditure reports and a list of checks issued from all

funds. Mr. Marshall seconded the motion, and it was approved by all.

Mr. Marshall made a motion to approve the bills payable in the following amounts: General

PLGIT $34,642.27, Sewer Fund $2,954.05 and General Capital; Reserve Fund $5,619.50 and a

list of supplemental General Fund bills totaling $18,402.95 to be paid on July 23rd. Ms. Snyder

seconded the motion, and it was approved by all.

CORRESPONDENCE

Sam Mermelstein, Manager

4137 Bakerstown Road, LLC

A letter asking the Board if they would consider a zoning amendment to allow apartments in the

Neighborhood Commercial (NC) District.

Mr. Bastianini and Ms. Mueller briefed the Board on the request and the zoning amendment

process. All costs and risks would be the responsibility of the applicant.

Mr. Marshall made a motion stating that the Board could not guarantee it would approve such

an amendment and further authorized the Township Solicitor to inform Mr. Mermelstein

Page 2: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

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that the Board would keep an open mind should he decide to proceed. Ms. Snyder seconded the

motion, and it was approved by all.

Larry Bracco, Executive Director

Pine-Richland Youth Center

A letter thanking the Township for a donation made in memory of former Township employee Mr.

Denis Ranalli.

Mr. Kendrick asked for a moment of silence to honor Mr. Ranalli.

PLANNING COMMISSION - JUNE 21, 2021

Shields 2013 Family Trust Garage Land Development Plan

First, the Board considered a request for a waiver from Section 25.505.2 of the Subdivision and Land

Development Ordinance. At the conclusion of the discussion Ms. Snyder made a motion to approve

the Shields 2013 Family Trust modification request to Section 25-505.2 of the Subdivision and Land

Development Ordinance allowing for a 15-foot pedestrian easement from the subject property’s

Route 8 entrance south to Legion Drive with no sidewalks or walkway to be installed along the

property’s frontage on Route 8 from Willow Creek Drive to Legion Drive with the following

condition. The sidewalk shown on the plan along Willow Creek Drive shall be extended the full

length of the adjacent residential property. Mr. Marshall seconded the motion, and it was approved

by all.

Next, Mr. Marshall made a motion to approve Preliminary and Final Land Development Plans for the

Shields 2013 Family Trust Garage Land Development as presented. The approval was conditioned

upon the satisfaction of the items identified in the Township Engineer’s review letter dated July 15,

2021 and payment of a $7,590.00 TIF. Mr. Allen seconded the motion, and it was approved by all.

Kristin Court Subdivision Plan Revision No. 2

The Board next considered a request by the Kristin Court Development Corporation for a

modification to Section 22.509.2 of Subdivision and Land Development ordinance.

The following persons spoke and raised questions about the proposed modification and land

development plan. Ms. Lynn Vesely, 106 Arthur Court, Ms. Michele Deleonibus, 108 Arthur Court,

Mr. Michael and Mrs. Cynthia Hegerich, 5606 Community Center Drive and Mr. Christopher

Kuciak, 5608 Community Center Drive.

At the conclusion of the discussion, Mr. Allen made a motion to approve the Kristin Court

Development Corporation’s modification request to Section 22.509.2 of the Subdivision and Land

Development Ordinance allowing the subdivision of one additional lot to front on a private street

named Kristin Drive with the following conditions: 1) prior to the issuance of an occupancy permit

the owner of Lot #1 shall pave a portion of Kristin Drive from Community Center Drive to the

Page 3: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

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driveway of the new home which will be constructed on Lot #1 to a residential driveway specification

provided by the Township engineer and, 2) the landowner of Lot #1 may not take any action that would

impair access to any other property served by Kristin Drive. Ms. Miller second the motion and it was

approved by all.

Next, Mr. Allen made a motion to approve the subdivision plan titled Kristen Court Plan Revision

No. 2 as presented, subject to a $1,917.00 TIF fee. Mr. Marshall seconded the motion, and it was

approved by all.

NEW BUSINESS

Ms. Snyder made a motion authorizing the Chairman to execute Change Order No. 4 to the

concession stand construction contract with Moret Construction Co. Inc increasing the contract

amount by $3,800.00 to $459,902.73. Mr. Marshall seconded the motion, and it was approved by all.

Ms. Snyder made a motion authorizing the approval of a $129,987.50 reduction in the performance

security provided for Phase 1 of the TOA Pittsburgh Cut Flower PRD. Mr. Allen seconded the

motion, and it was approved by all.

Ms. Snyder made a motion authorizing the approval of a $529,711.89 reduction in the performance

security provided for Phase 2 of the TOA Pittsburgh Cut Flower PRD. Mr. Allen seconded the motion,

and it was approved by all.

Ms. Snyder made a motion authorizing the Chairman to execute a web service agreement with

Interware Development Company Inc. for processing of on-line credit card and ACH payments. Mr.

Allen seconded the motion, and it was approved by all.

Ms. Snyder made a motion approving an $88,000 ARLE grant application to construct an overhead

mounted “Red” signal ahead sign, for southbound Route 8 motorists, in advance of the Cunningham

and Sandy Hill Road intersection. Mr. Marshall seconded the motion, and it was approved by all.

Ms. Snyder made a motion authorizing the Chairman to execute the following lease agreements for

facilities in Richland Park: 1) Pine-Richland Youth Center Dek-hockey and Learn to Play Programs;

2) Pine-Richland Soccer Club; 3) Pine-Richland Youth Football Association and 4) Pine-Richland

Baseball-Softball Association. Mr. Allen seconded the motion, and it was approved by all.

MANAGER’S REPORT

Mr. Bastianini presented the Board with a proforma debt profile which assumes a Township

contribution of $17 million to the AVJSA sewer project. For the sanitary sewer customers serviced by

AVJSA annual debt service would increase by $615,000 a year; 2022-2038. The exact amount of a

Richland’s contribution will not be known until bids are opened on August 27th. The Board also

discussed plans to use the full amount of the proceeds from the American Rescue Act to pay a portion

of Richland’s share of the AVJSA project.

Page 4: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

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SOLICITOR’S REPORT

Ms. Mueller announced that a settlement had been proposed in the case before the Allegheny County

Court of Common Pleas stemming from an appeal filed by Chatham University to the Township’s

denial of a conditional use application to amend the Eden Hall Campus Master Plan by allowing twenty

additional housing units within the Elizabeth Meadow Precinct. Ms. Mueller read the proposed

Consent Order and Agreement.

Mr. Allen made a motion to adopt Resolution No. 7 of 2021 approving the agreement. Ms. Snyder

seconded the motion and it was approved by all. A complete copy of the consent order will be posted

on the Township website and is attached to the minutes as Exhibit A.

COMMENTS FROM THE BOARD

Mr. Marshall said that he believed the settlement archived safeguards, and controls on further growth

which would not have been achieved if the Judge ruled on the case. Therefore, he felt that signing the

Consent Order was in the best interest of the Township and its residents.

COMMENTS FROM THE FLOOR

Mr. Calvin Miller, 6006 Linwood Drive said although he spoke in opposition to Chatham’s Master

Plan Amendment he supports and understands the Supervisors’ decision to sign the Consent Order.

There being no further business the meeting adjourned at 8:50 P.M.

Respectfully submitted,

Tina L. Shaw

Recording Secretary

Page 5: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

CHATHAM UNIVERSITY, Appellant, v. RICHLAND TOWNSHIP and RICHLAND TOWNSHIP BOARD OF SUPERVISORS, Appellees.

) ) ) ) ) ) ) ) ) ) ) )

CIVIL DIVISION No. SA-21-00216

CONSENT ORDER AND AGREEMENT

THIS CONSENT ORDER AND AGREEMENT (the “COA”) is made as of the _______ day of July, 2021, by and between CHATHAM UNIVERSITY (“University”), RICHLAND TOWNSHIP (“Township”) and RICHLAND TOWNSHIP BOARD OF SUPERVISORS (“Supervisors”) (collectively, the “Parties”), as follows:

WHEREAS, the University’s “Eden Hall Campus of Chatham University” (“Eden Hall Campus”) is located on 388 acres of rolling woodlands and fields in the Township;

WHEREAS, the University worked with various consultants and the Township to develop a master plan for the future use and development of this property;

WHEREAS, the original master plan was approved by the Township on June 15, 2011 (“Master Plan”);

WHEREAS, the Master Plan divided the Eden Hall Campus into four distinct precincts: Elsama Center, Mueller Center Campus, Stanford Hill and Elizabeth Meadows;

WHEREAS, on December 28, 2020, the University submitted a conditional use application (“Application”) to revise the Master Plan to develop an ecovillage in the Elizabeth Meadows precinct which is referred to as the Rachel Carson Ecovillage (“RCE”);

WHEREAS, the RCE will have 35 private homes clustered around gardens and orchards on a 4.5-acre site in the Elizabeth Meadows precinct;

WHEREAS, the RCE, as originally proposed, had a combined parking area located to the south of the development with 75 spaces;

Type text here

26th

Page 6: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

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WHEREAS, the parking area was subsequently modified to consist of 40 spaces with the total parking area dimensions comprising approximately 60’ x 180’ as shown on Exhibit A (“Parking Area”);

WHEREAS, on February 11, 2021, the University submitted a request for two modifications from the Zoning Ordinance’s parking distance requirements for the Parking Area as directed by the Township (“Modification Requests”);

WHEREAS, on May 5, 2021, the Supervisors issued a decision that denied the Application and related Modification Requests (“Decision”);

WHEREAS, on May 26, 2021, the University filed a statutory land use appeal seeking to reverse the Decision and to grant the Application and Modification Requests in the Court of Common Pleas of Allegheny County, Pennsylvania, at S.A. No. 21-00216 (“Appeal”); and

WHEREAS, in order to avoid the expenses, burdens, risks and distraction of further litigation, the Parties desire to amicably resolve the Appeal upon the terms and conditions set forth in this COA. NOW THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the Parties to this Consent Order and Agreement voluntarily agree as follows: 1. The foregoing recitals are incorporated herein by reference. 2. The Application and Modification Requests for the RCE are approved as provided for in the plan attached hereto as Exhibit A. 3. The University shall not increase the RCE beyond 35 dwelling units. 4. The University shall not seek land development approval for any other developments in the Elizabeth Meadows Precinct identified in the plan attached hereto as Exhibit B except for the RCE with Parking Area and General Parking area identified as No. 18 as provided for in the Master Plan. 5. All commercial trash removal from the RCE shall be limited to daylight hours. 6. The trash and loading area shall comply with the applicable screening and buffer requirements. 7. All accessory structures shall comply with the requirements of the Zoning Ordinance and be shielded from view from Kim Lane as much as possible. No accessory structures shall be permitted within 300 feet of the southern property line of parcel number 2380-R-162, which is that portion of the Elizabeth Meadows Precinct that abuts the residential properties along Kim Lane as provided for in Exhibits A & B. However, the 300’ prohibition

Page 7: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …
Page 8: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

Exhibit A

Page 9: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

2. Site Sections

North-south site section through parking lot from Kim Lane property, screened with berms and planting.

East-west site section through parking lot from Ridge Road, screened with berms and planting

3. Parking LotBy moving 35 spaces into the village development, the parking lot is reduced from 74 spaces to 35resident spaces and 5 visitor spaces. The area is reduced from over ½ acre to ¼ acre (approximately 60x 180 = 10,800 sq ft). Future covered parking structures are anticipated and will be entirely screened.

4. Parking DistancesEvery unit now has a parking space within 200 feet of it.The visitor spaces are within 680’ of the farthest townhouse unit served.

5. Access by Emergency VehicleEvery unit will have paved access. Orchard Commons will provide access through the development forfire fighting or medical emergencies.

RCE will contract with a snow removal company to assure that accumulations from the street are removed on a continuing and timely basis

Page 10: RICHLAND TOWNSHIP BOARD OF SUPERVISORS Raymond P. …

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Chatham University Eden Hall Campus – Fourth Master Plan RevisionChatham University · Gibsonia, PA · December 28, 2020 · N.T.S.

FIGURE 3

PROPOSED EDEN HALL CAMPUS MASTER PLAN – DECEMBER 28, 2020

500'-0"

ELIZABETH MEADOWS PRECINCT- NO DEVELOPMENT ZONE

RACHEL CARSONECOVILLAGE LEASE AREA

2,831'-0"

1,21

5'-0

"300'-0"

NO ACCESSORY STRUCTUREZONE