Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, March 4, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, March 4, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Regis Synan, William Vance, Joan Kearns, David Perry, Loren Kase, and Joshua Lorenz. Councilman Jeffrey Kepler was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming and Municipal Planner Allen Cohen. PUBLIC HEARINGS Council moved into a Public Hearing on two applications: 1. CU-4-14, Speedway, conditional use application to allow property located at Golden Mile Highway, proposed to be used for the construction of a gasoline station/convenience store, Golden Mile Highway. 2. CU-5-14, Speedway, conditional use request for the Speedway Project, to allow for development within a wetlands buffer under the provisions of Section 220-42 of the Murrysville Zoning Ordinance, Golden Mile Highway. Attorney Bill Sittig, representing Speedway and its representative, Rusty Young, addressed Council regarding CU- 4-14 and the intent to construct an approximately 4,000 square feet convenience store and sixteen dispenser gas station. He said this particular station will not service large diesel trucks, but will cater to automobiles and over-the-road trucks. He described the flow pattern for fuel trucks entering the premises and advised the plans had been revised so that the trucks will not enter from Rt. 286, but will turn on Logan Ferry Road and go behind the Dairy Queen to access the site. Mr. Sittig said all of the conditions and recommendations in the engineering review letters and staff review have been recognized and accepted by the applicant. He also said that the applicant can’t get the HOP from PennDOT, which is one of the conditions, until Council approves the plan; however, the applicant does have an approved traffic study. Approvals from the conservation district on the erosion sedimentation plan have been applied for and there are some third-party approvals pending. He advised that the engineer, Todd Fleming, and the traffic engineer, Jeff DePaolis, were both in attendance and available to answer any questions. Jeff O’Connor, 1022 Timberwood Court, asked it another gas station was necessary, since there is a BP station, an Exxon station and Sheetz, all within a mile of the proposed site. He had concerns about possible pollution of the wetlands area near the site. He had suggested at a prior Planning Commission meeting the possibility of limiting the hours of operation because of concerns over noise, traffic and lighting. He mentioned a station in Regent Square that closes at 10:00 p.m. because of concerns of the neighbors. Melissa DeStefano, Timberwood Court, said she had attended two Planning Commission public hearings and was surprised and disappointed that the Commission voted to send the proposal to Council. She asked Council to take into account how the station will affect the quality of life of the residents who live nearby and referenced a letter sent to residents by the Dept. of Community Development acknowledging that the proposed development will be near their properties. She mentioned that past meetings included discussions on noise pollution, light interference, and traffic concerns on Logan Ferry, which is narrow and ill-equipped to handle the current traffic car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 on that road. She said an issue that needs further discussion involves the trucks going behind Dairy Queen to access the site and wanted to know what is going to assure that fuel and vendor trucks are not going to turn right on Logan Ferry to bypass Rt. 286, especially during the rush hour when traffic is extremely heavy on both roads. She showed Council a mailing she received from Speedway indicating that the convenience store is the new tobacco destination and asking for feedback on the types of tobacco products the family uses so the store can stock appropriately. She asked if this is the kind of convenience store the Municipality wants next to two large residential neighborhoods with a lot of children. She said this type of convenience is not convenient for her quality of life. She referenced Murrysville’s Ordinance 771-08, which states that “Murrysville recognizes the need to protect the public health, safety, welfare and property values in areas proximate to (generally within one quarter mile) and adjoining its major and minor arterials, currently and principally Routes 22, 66, 366, and 286 (Golden Mile Highway)….” She continued by stating that the new tobacco destination will be within 1,250 feet of residences and asked Council, when it considers this application, if they would want this within 1,250 of their homes. She said she is not against development in Murrysville, but wants that development to be done responsibly and not to impact the quality of the residents. Council then moved into the second public hearing on CU-5-14. Attorney Sittig again addressed Council regarding the request for development within a wetlands buffer. He advised that there is a wetland to the rear of the site and the application is to construct a retaining wall. He said the application is subject to Council’s approval if certain conditions are met and, based on the staff review and recommended conditions, he believes the applicant has complied with the criteria in the Ordinance for Conditional Use and intrusion to the buffer area for the retaining wall. He said the applicant agrees with the engineering reviews and the conditions of recommendation as per the agenda briefing summary provided by staff. Melissa DeStefano again addressed Council about the purpose and intent to protect the wetlands system and the discussion on buffer zones to go into the areas which are to be protected. She doesn’t understand why Council would okay something that is specifically addressed in the zoning ordinance – specifically section 220-42 – regarding the purpose and intent to protect wetland systems. She asked Council to remember the words cited in that section when considering the proposal and not endanger the wetlands and green space. There were no questions from Council and the public hearings were closed at 7:20 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Consent Calendar Items – Remove Item No. 4A – January 21, 2015 meeting minutes to be approved (already approved at a previous meeting); under New Business – Add Item 18A – request from Export Council for a letter of support urging the U. S. Postal Service to not permanently close the Export office. car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 CONSENT CALENDAR ITEMS: A. FEBRUARY 4, 2015 MEETING MINUTES TO BE APPROVED B. FEBRUARY 18, 2015 MEETING MINUTES TO BE APPROVED Mr. Lorenz moved to approve the Consent Calendar items as amended. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: None. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION ON S-12-14, SPEEDWAY, GOLDEN MILE HIGHWAY, B ZONING DISTRICT, TAX PARCEL 49-03- 00-0-195, 2 LOTS. 10B. DISCUSSION ON CU-4-14, SPEEDWAY, A CONDITIONAL USE APPLICATION TO ALLOW PROPERTY LOCATED AT GOLDEN MILE HIGHWAY, PROPOSED TO BE USED FOR THE CONSTRUCTION OFD A GASOLINE STATION/CONVENIENCEW STORE, GOLDEN MILE HIGHWAY. 10C. DISCUSSION ON CU-5-14, SPEEDWAY, A CONDITIONAL USE REQUEST FOR THE SPEEDWAY PROJECT, TO ALLOW FOR DEVELOPMENT WITHIN A WETLANDS BUFFER UNDER THE PROVISIONS OF SECTION 220-42 OF THE MURRYSVILLE ZOINING ORDINANCE, GOLDEN MILE HIGHWAY. 10D. DISCUSSION ON SP-8-14, SPEEDWAY CONVENIENCE STORE, SITE PLAN, 3846 GOLDEN MILE HIGHWAY, CONVENIENCE STORE/GASOLINE STATION. Mayor Brooks asked Municipal Planner Allen Cohen about the zoning in the area where the Speedway facility is proposed. Mr. Cohen said the property is zoned B-Business, which allows for various businesses such as retail and restaurants as permitted uses. Gasoline stations/convenience stores are allowed as conditional uses. He said conditional uses differ in that there are specific express requirements in the Ordinance attached to that use which, for the record, have been met by the applicant, and a conditional use application also requires a public hearing. Also, Council is able to attach reasonable conditions of approval to the conditional use. Mr. Cohen made a brief introduction on the development because this project involves four different applications, all of which have separate considerations for approval. He explained that the first application is the subdivision which creates the lot off a larger parcel for the property. The second and third applications are for conditional uses which allow for the development of the gasoline station and convenience store at this location, as well as the development within a wetland buffer. He further explained that the wetland buffer was established by Council in order to provide for additional regulations beyond what DEP imposes to assure that any development that is near a wetland has criteria to review to car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 mitigate any impacts. He continued that there are specific requirements in the Ordinance that deal with the intrusion into the buffer area; those were reviewed by the Municipal Engineer and determined that this conditional use application was compliant with the regulations for that intrusion and it was a relatively minor intrusion because it only involved a wall as opposed to a structure within that buffer area. The final application is the actual site plan. Mr. Cohen reminded Council that there is a $124,000 traffic impact fee that has been determined by the Municipality’s traffic engineer and agreed to by the applicant’s engineer. There were no questions from Council on S-12-14, the subdivision. Mr. Sittig again addressed Council regarding CU-4-14 and said that, while there are objections to the proximity of the gas station/convenience store to residential property, it is zoned in the B district and is permitted via conditional use. All conditions and criteria that are applicable have been met so it becomes a permitted use, subject to conditions. He addressed the potential traffic, noise and lighting impacts. He said the Commission and staff do a very thorough review and the conditions are extensive to the adjustments that had to be made to protect against truck size, noise impacts, to make sure there is no light spilling off the property, make sure the fuel truck enters and exits the site in a manner deemed by the Municipality to have the least impact. He said his client and staff have heard comments from the neighbors and additional protections have been put in; his client concurs with those protections. Mayor Brooks asked if a condition was in place regarding fuel trucks not going down Logan Ferry Rd. because the road is not built for those heavy vehicles. Mr. Sittig said the trucks will not be going down that road. Mrs. Kearns expressed concerns that the trucks would turn left out of the site onto Rt. 286 heading back toward Holiday Park rather than exiting onto Logan Ferry to the traffic light. Mr. Sittig said that Speedway is comfortable with being able to control its own fuel trucks and is committed to the condition, subject to a violation, that the trucks won’t do that. Mrs. Kearns also requested that instead of all spruce trees planned as a buffer, a variety of disease-resistant trees be planted that would grow at different speeds. Mr. Perry said that Planning had previously requested pervious paving and the developer didn’t agree with that. Mr. Perry said he understood why pervious couldn’t be used in some areas, but asked why it couldn’t be used on the east half, on the other side of the swale where the building is located and also on the driveways. Todd Fleming of Greenberg Farrow addressed this question and said the concern in the back Dairy Queen driveway is the truck loading; pervious paving is very brittle and the use, per the Pa. Best Management Practices Manual, is considered as a hot spot and they strongly recommend against the use of pervious paving for that reason. He said if there were a spill, there are safeguards in place to collect it through the storm water management system. Mr. Perry went to the wall map and asked questions, but didn’t have a microphone, and so could not be heard. Mr. Fleming responded that there is an underground storm water bed between the canopy and the building, and also wraps around into the side parking lot; there is a discharge that connects back towards the existing storm sewer that lies underneath the proposed driveway to Dairy Queen. Mr. Fleming answered Mr. Perry’s question about pervious paving (which was not heard), that they would be concerned with the proximity to the building; DEP requires a minimum of 15-20 feet from infiltration practices to the foundation of the building. Mr. Fleming again stressed that with the high use and high turnover, pervious pavement would create problems within a few years. Mr. Perry said he was good with Mr. Fleming’s answers to his questions. Mr. Perry asked what mechanisms were in place in the event of a release to prevent the spill going straight into the wetlands. Mr. Fleming said every collection point in the parking lot will be equipped with some sort of oil/water separator in place that will capture any run-off before it enters the underground bed. Mr. Fleming said that isn’t car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 required by DEP, but is something Speedway puts in place to safeguard itself for environmental protection. Mr. Perry asked about a clean-out schedule and was told it’s based on manufacturer recommendations – usually once a year or after a big storm. Mayor Brooks asked about the lights and if they would be angled in such a way as to not have any impact on the residents. Mr. Fleming said the free-standing lights (those outside the canopy) will be fitted with cut-off shields and will be pointed straight down. The lights in the canopy will be recessed and all the lights are designed with LED lighting. Mayor Brooks asked if the facility will be a 24-7 operation and this was affirmed by Mr. Fleming. Mayor Brooks asked if the times of operation could be controlled by the Municipality. Mr. Morrison said he does not believe there is any zoning provision for that. Mrs. Kearns asked the Solicitor if time limitations could be discussed as a reasonable conditional use; Mr. Kotjarapoglus said that it could. Mr. Perry asked Mr. Cohen if the light spillover meets the Municipality’s lighting ordinance. Mr. Cohen said the lighting requirement is based on photometrics and the photometric submission review indicated that there was nothing over 0.0 going over into the adjoining properties. Mr. Sittig commented on the hours of operation and stated that the store will be lit and open, even if it’s not open to the public; there will be someone in there at all times and lights will be on for safety purposes. He said his client doesn’t agree that there is any indication that there will be impacts that can’t be mitigated other than affecting the business. Mr. Sittig said that while he agrees with the solicitor that hours of operation are in the category of things that can be controlled, there need to be reasons for them and the business has to be protected from impacts. Mr. Perry asked how Speedway would be at a competitive disadvantage in relationship to businesses in Murrysville if the hours were limited, because Murrysville can’t control what Plum or Holiday Park does. Mr. Sittig said that to the extent that there is a decision to close, that is a business decision, not a condition of approval by a Municipality. Mr. Perry asked what if Council said no fuel after a certain time; Mr. Sittig replied that if they said no fuel in trucks, that would make sense, but cars wouldn’t be making any more noise than cars coming to the convenience store. If it’s an operational issue, such as having to do with deliveries or trash, that can be controlled with hours of operation. Mr. Fleming clarified that the wall to be located in the wetland buffer will not involve any structure or any development within the buffer; the condition use request is simply to build a wall outside the buffer. It will be necessary to excavate for the wall, so there will be some additional disturbance within the buffer, but any disturbance within the buffer will be replaced with grass and seeding. As for Item 10D, the site plan, Mr. Sittig said there were a number of conditions imposed and all of those are acceptable to his client and will be satisfied before a building permit is issued. He is still waiting to get the adjacent landowner’s approval to have the trucks turn across the Dairy Queen site. Mrs. Kearns said she didn’t see any plans for signage directing trucks not to turn right on Logan Ferry Rd. Mr. Sittig said the plans have already been corrected to indicate those signs. Mr. Cohen said the Planning Commission recommended that as a condition and it will be listed as such in the final agenda briefing. Mr. Perry asked how long it would take to put architectural plans together, assuming the plans would be approved. Mr. Fleming said it usually takes about four weeks. Mrs. Kearns then addressed the late evening car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 traffic and asked if there had been any thought to reducing the number of pumps open to have less impact but still offer gas to customers. Mr. Fleming said he is not one of the “operational folks,” but in handling these types of situations across the board the feeling is that because of the site being lit and the lack of confusion as to what’s open, patrons will go to the closest pump. Mrs. Kearns said that reducing the number of islands open might make it less intrusive on the nearby residents. Mr. Perry said that might be a bit more confusing in trying to figure out where to go. Mayor Brooks said that if the pumps are in one strip, not angled as in some other stations, there should be much better traffic control and less noise. Mr. Sittig said that there will always be someone on site and there will be someone to be responsive to concerns from neighbors. Regarding the architectural renderings shown, Mr. Cohen said there have been no requests for modifications or variances and all four sides meet the required glazing requirements. In order to give Council time to view the site, as well as give other residents to voice comments, this item will be scheduled for workshop again at the March 18 meeting and a vote at the April 1 meeting. 10E. DISCUSSION OF THE LAND USE ASSUMPTIONS REPORT WHICH IS PART OF THE PROPOSED REVISIONS TO THE MUNICIPALITY’S TRAFFIC IMPACT FEE ORDINANCE. Municipal Planner Allen Cohen explained that this is the first step of three in the adoption process toward revising the Municipality’s traffic impact study and ordinance to establish new fees, maps and capital projects for the Municipality. He stated that this ordinance was first adopted approximately ten years ago and it was time for an update. The process involves the Traffic Impact Advisory Committee, which is composed of the Planning Commission members and two additional public citizen members. Mr. Cohen then went on to discuss the contents of the report, which includes statistical analysis of growth and protected growth in the Municipality, as well as identifying the number of units, potential units, commercial developments, etc., all to determine where the traffic impact fee should apply. The amount of development being projected is based on recent history of the Municipality in terms of permits, as well as the recently-adopted Comprehensive Plan. The second step in the process will be the actual traffic studies and counts in the identified problem areas, with the third step being the Capital Improvements Plan, which will identify projects that will establish the fees and tie in the three steps. The report has been recommended for approval by the Traffic Impact Advisory Committee after extensive review and meetings of the committee, as well as with staff and the consultant. Adoption of the report will trigger the next step of the study. Mr. Synan asked if there are any actual metrics for the criteria for the removal or additions into or out of a zone. Mr. Cohen said it is based on the areas of development and past practices and history, and most of that work was done and confirmed in the study. Mrs. Kearns said she was surprised to see Crowfoot as a potential area for development within the next 15-20 years. There was no additional discussion. car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER A MOTION TO REAFFIRM ORDINANCE NO. 918-14, 2015 TAX ORDINANCE. Mr. Synan moved to direct the administration to correct the typographical error contained in the Tax Levy Ordinance No. 918-14 for the following purposes [as listed in the Council briefing]. Mr. Perry seconded. Finance Director Diane Heming said the motion is not to advertise the ordinance, but to correct a typo in an ordinance that already exists. She explained that in all of the budgeting process, the ordinance, and all documents that went out, the total tax millage was 12.15 mills; however, she believes she was trying to separate the Medic One millage from the Fire Department millage so it was clearly identified as to what each received, and then decided to leave she needed to leave it all in total but didn’t change the .2 back to .8. As the Ordinance stands now, the total is correct but it doesn’t add up. There are no changes to the budget – it is all correct based on the 12.15 mills. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Kase – yes, Mr. Lorenz – yes. Motion approved. 13B. CONSIDER CANDIDATE APPOINTMENT TO THE ENVIRONMENTAL ADVISORY COUNCIL Mr. Synan moved to appoint Shelley Tichey to the two-year board opening on the Environmental Advisory Council. Mr. Kase seconded. It was noted that no second was needed for an appointment. All members present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF S-5-14, FRANK REMIC PLAN, 6422 OLD WILLIAM PENN HIGHWAY, R-3, 2 LOTS. Mr. Perry moved to approve. Mr. Synan seconded. Mrs. Kearns noted that there is a condition attached requiring the payment of $1200 to the Municipality prior to the issuance of a building permit for the new lot, with such fee being utilized for parks and recreation improvements at Murrysville Community Park and asked if the Applicant accepted that condition. He responded that he was. There being no further questions, upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Kase – yes, Mr. Lorenz – yes. Motion approved. 14B. CONSIDER APPROVAL OF RESOLUTION NO. 641-15, A RESOLUTION APPROVING THE LAND USE ASSUMPTIONS REPORT. Mr. Synan moved to approve. Mr. Perry seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Kase – yes, Mr. Lorenz – yes. Motion approved. car 3/9/15 Regular Voting Meeting – Wednesday, March 4, 2015 ENGINEERING: 15A. CONSIDERATION OF A BOND RELEASE FOR THE BALASUBRAMANIAN MEDICAL OFFICE. Mr. Lorenz moved to release the bond in the amount of $101,431. Mr. Synan seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Kase – yes, Mr. Lorenz – yes. Motion approved. 15B. CONSIDERATION OF A BOND RELEASE FOR THE HART PARKING LOT. Mr. Kase moved to release the bond in the amount of $4,000. Mr. Lorenz seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Kase – yes, Mr. Lorenz – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: Mrs. Kearns received a request from Export Council for a letter of support in their effort to keep the post office open. Mayor Brooks said he supported the initial request a few years ago, but because the Postal Service is losing so much money, it needs to close some office and change the way it does business in order to solve some economic problems. There was a lengthy discussion, both pro and con, regarding this matter and suggested alternative solutions to having a free-standing facility. There were comments from Council regarding the lines and wait time at the Murrysville post office since the closing of the Export office. Mr. Perry said Council has three options: support a free-standing facility, suggest an alternative facility within another store, do nothing. Mayor Brooks said Export was offered the option of having services available within another facility and it was rejected. Mrs. Kearns suggested sending a letter supporting discussions with the Postal Service and considering alternative arrangements. Mr. Vance asked what commercial developments would be available in the area to provide boxes and services. Several were mentioned. It was the consensus that Council was in favor of supporting boxes and limited services in another facility. Mr. Synan said he attended a prior meeting with Export on the North Side and the take he got at that time was that the Postal Service would consider giving Export a storefront, but not a post office. Mrs. Kearns will contact Mrs. Litz to discuss options. EXECUTIVE SESSION: None. ACTION ITEMS: Letter to Export. ADJOURNMENT: Mr. Perry moved to adjourn. Mr. Kase seconded. All present voted aye. The Council Meeting concluded at 8:35 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true copy of the Council meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. car 3/9/15