EAST BRANDYWINE TOWNSHIP PLANNING COMMISSION

REGULAR SESSION

Wednesday, July 7, 2004 - 7:30 PM

Those in Attendance:

Mr. Bruce Rawlings , Chairman

Mr. Stephen Cushman, Vice-Chairman

Mr. Charles Giordano , Member

Mrs. Deborah Marshman , Member

Mrs. Sandra E. Moser, Member

Mrs. Beth Valocchi, Ex-Officio Member

Mr. Scott T. Piersol , Township Manager

Mr. Albert Giannantonio, Township Engineer

Mr. Michael Mayhew, Township Engineer

Mrs. Mary Beth Smedley, Township Secretary/Treasurer

Absent:

Mr. Michael Corbin , Member

Mr. Mervin Thomas Member

Planning Commission Meeting Minutes – June 2, 2004

Mr. Rawlings asked if there were additions or corrections to the above minutes.  There were none.  Mrs. Moser then made a motion to approve the above Minutes as submitted.  Mrs. Marshman seconded the motion, with all voting Aye. 

HeatherWynd Subdivision AKA McCausland Tract

The applicant is proposing a 21 lot single family home development, each lot to be at least 45,000 s.f. net as allowed in the R-2 cluster zoning.  Homes will be 3,500 to 5,000 s.f.  The cost of the homes is projected to be between $400,000 and $700,000.  Public water and onsite septic systems will serve the property.  The plan depicts a 21-lot subdivision on 35.3+ acres on Corner Ketch Road .  The development will be accessed by a boulevard type street with an 18 foot wide, tree-lined center island and each cartway to be 18 feet wide.  At the June 4, 2003 Planning Commission meeting, Mr. Gambone stated he was willing to share in the funding of road improvements for Corner/Ketch Road within the vicinity of the project.

Mr. Ross Unruh, attorney for the applicant, Mr. Richard Burke from the Gambone Development Company and Mr. Michael Bowker from Momenee and Associates discussed the Yerkes review letter of June 30, 2004 .  Mr. Unruh discussed the outstanding items in the above review letter and the applicant’s willingness to agree to certain conditions if preliminary plan approval is recommended. 

51.    Section 350-52.F.1 – The applicant agrees to show an easement for the proposed stormwater pipe located between proposed inlet #32 and SWM MH10.

66.    Trail – The Engineer is recommending that the applicant provide a trail from the proposed road that will interconnect with the trail system in the Hopewell Subdivision.  Mr. Bower provided a plan showing the approximate location of the trail.  The applicant is willing to provide an asphalt trail, but did ask for assistance from the Township in obtaining any needed easements from Rouse/Chamberlin in order to have the trails interconnect, preferably in the Hopewell Subdivision open space.  Mr. Piersol will work with the applicant to resolve this.  This issue can be resolved at final plan approval.

67.    Plant Schedule – The plant schedule indicates a limited number of deciduous shrub species specified for a relatively large number of plants.  The applicant has agreed to expand the plant list to provide greater landscape variety and to reduce extensive losses should disease attack a given species. Landscape Architect Tom Kummer of Yerkes Associates also suggested that Hemlock trees be replaced with a less disease-prone tree such as Douglas Fir.  The applicant has agreed to this.

70.    Lighting – The applicant has indicated a light fixture on the plan drawings; however, the detail as provided is not sufficient.  The Engineer was unable to determine the type and wattage size of the light source and whether or not these fixtures would pose a glare factor.  The applicant has agreed to provide additional light fixture detail.

13.    Section 350-34.C.1 - Vertical curve shall be used at changes of grading exceeding 1% and shall be designed in relation to the extent of the grade change (at a rate no more abrupt than 1% change in grade per 25 feet along the center line) provided that the following minimum design speeds are maintained:

a.       Local street, crest vertical curve, minimum design speed:  35 mph.

b.      Collector street, crest vertical curve, minimum design speed:  50 mph

c.       Arterial street, crest vertical curve, minimum design speed:  60 mph.

The applicant is requesting a waiver from this section of the Ordinance and agreed to provide 25 feet for every 1% change in grade for vertical curves and to post 25 mph speed limit signs.  Mr. Mayhew and the Planning Commission do not object to this waiver request. 

65.    Section 350-44.B – The applicant would like to provide rolled curb in lieu of 18” vertical curb.  Although there are concerns that the use of rolled curb may need additional maintenance, the Planning Commission prefers the rural look and flexibility it gives in driveway replacement.  The applicant has agreed that if the Board of Supervisors grants a waiver from this Section of the Ordinance they will make provisions to extend the 18-month maintenance bond for an additional 12 months on the curb only, if the Board of Supervisors or Township Engineer requests it.  A note will be added to the plan and this will be outlined in the Developer’s Agreement. With that assurance, the Planning Commission did support granting this waiver. 

68.    Mr. Kummer reviewed the landscape plans for the project.  Required landscaping involved three ordinances sections:  399-79 – Buffering and Screening of Visual Impacts and 350-53-c.(1) and (2) – Tree Replacement.  The applicant has requested a waiver to provide less than the required amount of vegetation replacement on the site.  The Planning Commission will consider this waiver request, but will defer further comment until they receive additional information.  They did ask that the applicant consider increasing the caliper of some of the trees on the sight and also consider installing higher quality trees as a way of providing a satisfactory landscaping plan. The applicant has agreed to remove invasive plants, increase buffer plantings, and use hybrid seed mixtures for the stormwater management basin.   

2.      Section 399-15.B.1 – The applicant is waiting for a Jurisdictional Determination from the Army Corps of Engineers on a wetlands issue.  The Township Engineer originally requested this determination when the applicant planned to construct a basin in the wetlands.  The basin has been moved so this is no longer an issue. However, Mr. Unruh provided case law for the Planning Commission to review that indicated that a municipality may not withhold preliminary plan approval due to the lack of approval by a State regulatory agency.  This case law will be sent to Planning Commission Solicitor John Spangler for his review and comment.  Mr. Burke said that they would still obtain the Jurisdictional Determination because it will show whether there are bog turtle habitats present on the site.

The applicant will be resubmitting information to the Chester County Conservation District.  Mr. Giannantonio states there are no major issues to resolve.

Evans Mill Environmental will be resubmitting the Sewage Facilities Planning Module to PADEP for their review and approval. 

Recommendation

Mr. Cushman made a recommendation that the Board of Supervisors grant preliminary plan approval for this subdivision with the following conditions.

1.      The applicant provides an easement for the proposed stormwater pipe located between proposed inlet #32 and SWM MH 10.

2.      Provide a trail path, constructed with acceptable material to that is agreeable to the Board of Supervisors and Planning Commission.

3.      The applicant agrees to change the planning schedule as detailed in comment #67 of the June 30, 2004 review letter.  A landscape plan that is agreeable to the Township will be provided as a condition for final plan approval. 

4.      Compliance with the Chester County Conservation District and PADEP

Mr. Cushman also made a recommendation that the Board grant waivers from Section   350-34.C.1 and Section 350-44.B, as outlined above.  Mr. Giordano seconded the motion, with all voting Aye. 

Echo Dell Subdivision – Extension

Mrs. Smedley reported that the applicant is providing an extension for the Planning Commission to review their application until August 19, 2004 .  Mrs. Marshman made a recommendation that the Board of Supervisors accept this extension.  Mrs. Moser seconded the motion, with all voting Aye. 

Brandywine Heights - Extension

Mrs. Smedley reported that the applicant is providing an extension for the Planning Commission to review their application until September 30, 2004 .  Mrs. Moser made a recommendation that the Board of Supervisors accept this extension.  Mr. Giordanoseconded the motion, with all voting Aye. 

Brandywine Wallace Elementary School

The property owner and applicant is the Downingtown Area School District.  The property is located on the east side of Dilworth Road between School Lane and Keller Way North and is within the R-2 Residential Zoning District. Access to the site is from Dilworth Road. The existing gross property area is 19.179 acres and the lot contains an existing 52,719 s.f. school building, paved driveway, paved parking areas, on-site sewer and water, lawn and woodland areas.  The plan proposes to construct a new 58,612 s.f. two story school building, driveway and parking area.  The maximum student capacity will be 650.  Public sewer and water is being considered for this property.  The existing school, parking areas and accessory facilities are to be demolished. Mr. Gil Lappano, Director of Facilities, Planning and Management for the School District , Mr. James Clough, Architect, and Mr. Michael Dirks, Engineer for the applicant discussed the Yerkes July 2^nd and  July 6th review letters.

The building design will also be used at the Pickering Valley Elementary School site in Upper Uwchlan Township .  Both schools will remain in use while the site and building construction occur.

The school will be two stories in height, with the kindergarten, first and second grades in the rear of the front-facing ground level, and the public spaces, including the gym, cafeteria and administration areas in the front of the building.  The public spaces are proposed to be open for public use after school hours.  The third, fourth and fifth grades will be located on the lower level.  This level will also exit at ground level from the rear toward School Lane . The plan is to construct a long building with a curved central hallway to take advantage of the topography of the existing site.  The School District would like to have the building completed by September of 2006. 

The Township would like the applicant to install a sidewalk as part of the trail extension to interconnect with the trail easement in the Highland Pointe Development off of Corner Ketch Road .  The applicant agreed to provide and install an asphalt trail and provide an easement.  Mr. Piersol will provide a copy of the Highland Pointe Subdivision for the applicant’s engineer to review. 

The existing ball fields will be removed and new ones will be constructed in front of the building, on the far side of the parking lot, after the existing school building is demolished.

Water and sewer issues will be discussed with the Municipal Authority at their meeting on July 13^th.   Mrs. Moser stated that the Municipal Authority was concerned about allocating sewer capacity for the Brandywine Wallace Elementary School .  They did not feel there was sufficient excess capacity to allow this connection.  The Municipal Authority would like the School District to investigate other onsite options before they decide whether to allocate any sewer capacity to them.  

The Municipal Authority is also concerned about public water for the site.  There are two issues regarding public water they would like to consider before a final decision is made.  The first is regarding the existing well on the site.  The Municipal Authority would like to make sure that if the school complex connects to public water, the well will be plugged and abandoned.  The Municipal Authority supports the idea of providing public water to the school.           

7.      Section 399-108.E. (3) – The plan will show 148 parking spaces, which meets the requirements of this section of the Ordinance.  Mr. Rawlings would like to make sure there is adequate parking for special events.  In addition to the parking, there are some grass areas that are fairly level where visitors may park. 

3.      Section 399-28.A (5) a – All of the existing impervious coverage is proposed to be removed and be replaced with the new building, drive and parking areas.  That will increase the impervious surface to 23.2%. This will increase the non-conformity of this site development, which does not comply with Section 399-123.B.  That section allows an increase of 25% of the non-conformity which existed on the date that it became non-conforming.  A zoning variance will be required to allow the 23.3% impervious surface. 

4.      Section 399-14 – The site proposed construction within steep slope areas of 20% or greater.  Although the steep slope areas appear to be manmade, a zoning variance will be required.  The Township Engineer has no objection to this plan.

The Planning Commission is concerned about safety measures that will be taken during construction.  Mr. Lappano stated that the School District has had experience in constructing a new building while still occupying the existing school.  They will take the appropriate measures such as fencing off the construction site and providing a separate entrance for construction vehicles.  The overflow parking area of the new school will also be used as a recess area for students.  It will be controlled by a gate so that vehicles can’t enter when children are playing. 

Decovny Subdivision

The plans depict a proposed 26 lot subdivision of an existing 89.211 acre parcel (tax map parcel 30-6-20) located on the north side of Dowlin Forge Road.  The parcel contains an existing farmhouse and farmstead buildings, wooded steep slopes, ponds, wetlands, and a tributary stream to the East Branch of the Brandywine Creek.  The parcel is situated within the R-1 Zoning District and each lot is to be served by on-site water supply and sewage disposal.  Mr. Greg Balbirnie from Robert Bruce Homes discussed his June 24th letter regarding an alternate road layout.

Mr. Balbirnie stated that in order to eliminate the upper portion of the through road waivers would need to be granted for two cul-de-sacs with lengths of 1250’ and 1750’ respectively. This layout would reduce the 9 1/2% grade from 640 feet to 250 feet.  The Planning Commission was in agreement that although they might consider recommending a cul-de-sac of 1250’, they would not support a cul-de-sac of 1750’.   

The Planning Commission suggested the applicant consider moving Road A farther south on the property.  This may result in the loss of Lot 15 or require reorientation of some lot lines, but would also eliminate the 640 foot long segment that contains a centerline grade of 9.5%.  Section 350-34.B. of the Ordinance states centerline grades shall not exceed 7 percent, except that a maximum grade of 10 percent may be permitted for short lengths where natural contours provide conditions for minimal grading at the steeper grade.  The Planning Commission does not consider 640 feet a short length.

The applicant will provide an easement for a trail on the south side of the property. The Planning Commission requested that the applicant have the trail paved, and have a boardwalk installed in the wetlands area, rather than a mulch path.  The cost of constructing the trail may reduce the money the applicant will have to pay towards the required fee-in-lieu of open space.  

Ordinance Task Force

            At the Ordinance Task Force meeting on Wednesday, June 30th, the members recommended the following ordinance revisions be provided to the Planning Commission for action and referral to the Supervisors:

1.      399-9 Definition of Common Open Space & 399-58C (5) Common Open Space Standards

2.      399-9 Definitions of Forestry, Professional Forester & Tree Harvesting added, add a new 399-102.1 Tree Harvesting

3.      350-30 to 39 and 350-44 – Street System

4.      350-40 – Driveways

5.      350-43 – Sidewalks and Paths 

6.      350-47 – Sewage Treatment and Disposal

7.      350-48 – Water Supply

8.      350-18, 350-58 and 350-64 – Dedication & Bonding of Improvements.

            Appendix A contains construction details for the following:  350-29 – Lots and lot sizes,            350-30 I – Right-of-way for future street, 350-31 – Cul-de-sac and other single access   streets, 350-38 – Street construction, 350-40 – Driveways, 350-43 – Sidewalks, and 350-44 – Curbs.  Other details provided include parking lot paving and reference to Municipal Authority specification on sanitary sewer details from the Sewer Use Ordinance and storm sewer details.

            Mr. Giordano made a recommendation that the Board of Supervisors advertise and adopt         the above Ordinance revisions.  Mr. Cushman seconded the motion, with all voting Aye. 

            The draft Storm Water Management Ordinance has been revised after review of comments from the County Water Resources Authority and the Task Force, and will be submitted to PA DEP for their review and comment.         

            Mr. Piersol reported that David Sweet met with Kevin Myers and David Ward on July 2nd to review the Vision Partnership grant items that were completed for our Round II grant. It appears the County will support our application for those non-completed ordinance revisions through another VPP grant.  David Sweet is going to begin work on an application for another grant application once we meet to assemble the work items, which may also include the following items:

·        Scenic resource protection

·        Definitions

·        Use and Occupancy permit provisions

·        Open Space Plan amendments (particularly the trail system)

                Mr. Piersol and Mr. Sweet are also working on the Official Map amendment.  The Official Map should show tax parcels, streets, water sources, parks and, the proposed walking trail connecting Spatola and Community Parks , and eventually the Struble Trail.

            Ordinance 04-03 – Accessory Dwellings – Mr. Piersol reviewed the proposed Ordinance         Amendment with the Planning Commission.  This Ordinance would set terms when allowing a special exception for accessory dwellings.  After review of the Amendment Mr. Giordano made a motion to recommend the Board of Supervisors advertise and adopt this Ordinance.  Mrs. Moser seconded the motion, with all voting Aye. 

            The July Task Force meeting will be cancelled, unless there is a need to discuss the VPP grant application.  The Task Force will begin work on the new task list once the County VPP grant is approved.           

Lyndell Pointe

The plans depict a proposed 27-lot subdivision on an existing 52.86-acre tract located east of Corner Ketch Road and north of Waring Drive .  The site is zoned R-2 and is being developed under the Cluster Development Option with a minimum lot size of 30,000 square feet.  The plans indicate that each lot is to be served by on-site sewer and public water.  The use of public water for this development required a conditional use approval by the Township Board of Supervisors.  A Conditional Use Hearing was held on December 4, 2003 and was granted, with conditions, on February 5, 2004 . 

Mr. Piersol discussed the June 10th letter from the Keats Glen Homeowner’s Association asking the Township to consider installing an emergency access gate at Waring Drive where it meets the Lyndell Pointe Development  The homeowners do not want a connecting road from the Keats Glen Development to the Lyndell Pointe Development.  The Homeowner’s Association provided copies of newspaper articles where West Brandywine Township has agreed to install an emergency access gate from the 115-lot Swinehart Development to Raleigh Drive , which enters East Brandywine Township . 

After review of the plan, Mr. Rawlings polled the Planning Commission regarding their preference for a through street vs. a gated emergency access.  The Planning Commission voted 4 to 2 in favor of having Waring Drive be a through street between Keats Glen and Lyndell Pointe. 

Mrs. Marshman discussed the dump site on Lot 21 and Southdown Home’s plan to put restrictions on the property.  She remains very concerned about disturbing this site and believes that any restriction placed upon the property may be ignored, or not understood by future homeowners.

Adjournment

            There being no further business, Mrs. Marshman made a motion to adjourn the meeting.            Mr. Rawlings seconded the motion, with all voting Aye.  The meeting was adjourned at           10:00 PM .

Respectfully submitted,

Mary Beth Smedley

Secretary/Treasurer

East Brandywine Township