WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
March 20, 2002

Chairman Bruce Bucher convened the March 20, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Michael Vigunas, Roger Moyer and Joseph McSparran. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Stanley Skiba, John Love, Kevin Varner, John Ricciardi, M.A. Hartzell, Irel Buckwalter, Al Wenger, Mike Wagner, and Dean Brandt. Laura Knowles of Lancaster Newspapers and Steve Seeber of the Lititz Record Express represented the press.

PUBLIC HEARING TO CONSIDER A CONDITIONAL USE APPLICATION RECEIVED FROM BUCKHILL FARMS FOR A FAST FOOD RESTAURANT (WENDY'S) WITH A DRIVE-THROUGH IN THE COMMUNITY COMMERCIAL(CC) ZONE ON A 2.74 ACRE TRACT LOCATED ON PETERS ROAD. THE APPLICANT IS FILING UNDER SECTION 207.4.C AND SECTION 422 OF THE WARWICK TOWNSHIP ZONING ORDINANCE.

The Chairman outlined the procedures to be followed for this evening's hearing. The Township Manager was sworn in. He confirmed the posting and proof of advertisement for the public hearing.

John Love, representing Rettew Associates, was sworn in. Love explained that the lot was created as part of the original plan for the Shoppes at Kissel Village shopping center. He stated that the site, which contains approximately 2.74 acres, would be accessed from Peters Road, a collector street, between Lititz Pike (SR 501) and Highlands Drive. The site is situated in the Community Commercial zoning district and the proposed use is permitted by Conditional Use. He noted that the plan proposes 46% lot coverage, although the Zoning Ordinance permits a lot coverage up to 65%. Love explained that the proposal is to construct a new fast food restaurant containing approximately 2,926 square feet, with a drive-through and 50 parking spaces in accordance with the Ordinance requirements. He indicated the location of the site in conjunction with other stores in this area of the Shopping center. The exterior speaker/microphone system would face south towards the rear of the Stauffer's of Kissel Hill lot to eliminate any noise impact on any other adjacent properties. No outside seating or play areas are proposed, also, no outside storage is proposed. Dumpsters will be located within a masonry enclosure on the rear of the lot. Love explained that the plan proposes to extend Access Drive B from its existing terminus south into the new Wendy's parking lot.

Love reviewed the criteria under Section 207 (pertaining to uses within the Community Commercial zone) and Section 422 (pertaining to Drive-through and/or Fast Food Restaurants), respectively. He explained that the trip generation study that was performed for the lot as part of the Shoppes at Kissel Village project indicated a traffic count of 2,485 trips per day for this site. Subsequently, a traffic study was performed specifically for the Wendy's fast food restaurant and drive-through which projects a daily traffic count of 2,166. Love explained that the site is proposed with two access points, each providing for two-way traffic. He noted that the internal circulation of the site only provides for one-way circulation. Love explained that the Shoppes at Kissel Village shopping center provides for pedestrian access at various locations; however, this proposal does not include sidewalks along Peters Road since it is unlikely that pedestrians would walk along the roadway. He explained that the developer will review existing pedestrian trails within the shopping center and on adjoining tracts to determine the best placement of pedestrian access on this site. Love noted that the drive-through lane would be painted in order to designate it from the parking lot's interior drives.

Love reviewed the Township Engineer's February 20, 2002 comment letter. He stated that the Township Engineer requested a streetscape detail along Peter's Road. He explained that due to the constraints of the lot, a landscape strip or street trees can not be provided to the extent that they were shown on previous plans.

The Township Engineer commented that the access drive configuration into the site should be redesigned to line up the through lanes and island areas accordingly. They noted that the revised configurations should be provided for both the existing Access Drive B and the new proposed access off of Peters Road. Love expressed the opinion that the configuration of the access drives should be reviewed; however, based on surveys that they performed for the site, it appears that these access drives and islands were constructed as designed and approved with the original plan for the shopping center project. He explained that the only thing not constructed as designed are the roadway stripings. He added that another problem with the access drives is that they are both designed as curved access drives along a curve in the roadway. He recommended that Township staff meet on-site with the Applicant to review these conditions.

Vigunas stated that the original plan for the shopping center illustrated a right-of-way to the rear of the Stauffers of Kissel Hill property and inquired whether or not this area is still reserved. Love explained that the right-of-way is still in place and added that the roadway would "stub" at the property line.

The Township Manager explained that the Applicant for the Shopping center project that created this lot was also Buckhill Farm. He expressed the opinion that the Applicant also created the proposed use of the lot; therefore, the Applicant should be responsible for the realignment. Love clarified that his intent is not that the Applicant should not be partially responsible for the realignment, but who has what amount of responsibility. He explained that when the Applicant appeared before the Planning Commission, the Township Engineer provided a drawing that illustrated removal of the curb and a realignment of the roadways. He noted that this condition existed prior to the Application being submitted, and inquired how did the current alignment occur regardless of its use. Love added that a determination needs to be made if the access drives are correct as designed and if not, that issue should be addressed. The Chairman clarified that the proposed uses were not known when the shopping center was originally designed. Love stated that the Chairman's comments support his view that the intersection was approved and constructed prior to those uses being in place, and perhaps the high volume of the intersection was not anticipated when the plan was approved. He expressed the opinion that if restriping the roadways does not eliminate the problem, perhaps the islands could be removed to improve traffic movement at these locations. The Chairman explained that the issue will be reviewed further to determine what type of improvements are needed at these locations.

The Township Manager explained that the Planning Commission had inquired what type of signage would be used for the site. The signage that was submitted with this application would not be permitted since the tract was designated under Buckhill Farm and not the Shopping center. In addition, as part of the original Conditional Use decision, a sign would not be permitted along SR 501 for this tract. He noted that the proposed architectural style would be similar to the existing style of the shopping center with a brick facade and sheet metal roof. The Township Manager inquired what are the proposed hours for the restaurant. Love stated that he is unaware of the proposed hours of operation for the restaurant and added that a representative of Wendy's would need to testify to the proposed hours of operation for this restaurant.

Stanley Skiba, representing Wendco, Inc., was sworn in. Skiba testified that the hours of operation for this proposed Wendy's are Sunday through Thursday from 10:00 a.m. to 10:00 p.m. with the drive-through open until midnight, and on Friday and Saturday from 10:00 a.m to 11:00 p.m. with the drive-through open until midnight.

The Chairman opened the hearing to public comment. No one present indicated their desire to comment on the proposal. On a motion by Moyer, seconded by Myers, the Board voted unanimously to close the public hearing and directed the Township Secretary to enter all exhibits presented into the record for the public hearing.

Love stated that the Applicant will be requesting a Waiver of Preliminary Plan approval. The Chairman explained that the Board has approved similar requests in the past; however, storm water management issues and the roadway alignment would have to be addressed.

APPROVAL OF MINUTES: On a motion by Myers, seconded by Vigunas, the Board unanimously approved the minutes of the February 6, and February 20, 2002 meetings as submitted.

TREASURER'S REPORT On a motion by Myers, seconded by Moyer, the Board unanimously approved the Treasurer's report for February, 2002 as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $68,940.19.

MANAGER'S REPORT: The Township Manager provided a status report on the Brunnerville Road Bridge project. He explained that the most recent correspondence from PennDOT indicates that they will repair the bridge and the roadway will be reopened. He noted that the bridge is still slated for replacement in 2003.

The Township Manager provided a status report on several recreation projects. He explained that the recreation sub-committee met to review the final draft of the Warwick Region Comprehensive Recreation, Park and Open Space Study. The study will be delivered by the consultant (ELA, Inc.) this week. The sub-committee has suggested a joint meeting be held including the school district, the three municipalities and the community center to hold a common public hearing. The governing bodies represented at the joint meeting could then approve adoption of the study and if accepted, approve to secure a grant to establish a Regional Recreational Commission. The Board is agreeable to attending a joint meeting to review the document.

The Township Manager provided a status report on the Cable Franchise Agreement. He explained that the franchise agreement with Blue Ridge Cable will need to be renewed by May, 2003. He suggested that the Board consider beginning the negotiations in the Fall of this year.

The Township Manager provided a status report on the Forney Field Project. He stated that a brief executive session is requested following this evening's meeting to review final details of the project.

The Township Manager provided a status report on the County Transportation Grant. He stated that Township Staff suggests that a grant application be submitted jointly with Lititz Borough for the signal modifications along the SR 501 corridor. On a motion by Moyer, seconded by Myers, the Board unanimously authorized the submittal of a joint application with Lititz Borough for the signal modifications along the SR 501 corridor.

TAX COLLECTOR'S REPORT: The Board reviewed the February, 2002 Tax Collector's report. On a motion by Myers, seconded by McSparran, the Board unanimously approved the Tax Collector's February, 2002 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during February, 2002. On a motion by Myers, seconded by McSparran, the Board unanimously approved the Public Works Department's February, 2002 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during February, 2002. Chief Garipoli presented his response to the police report that was previously prepared and submitted by Matthew Hunt. He provided additional information regarding the SERT Mutual Agreement which was discussed at last month's Board meeting. He explained that he discussed the proposal with the Township's insurance agent and was advised that the Township would be covered under the agreement. In addition, the County Commissioner's would also approve execution of the document. On a motion by Moyer, seconded by Vigunas, the Board voted unanimously to approve the SERT Mutual Agreement as submitted contingent upon written confirmation from the Township's insurance agent.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in February, 2002. The report also outlines the Case heard at the Zoning Hearing Board's February 13, 2002 meeting. The Zoning Officer explained that corner lots within the Township are considered to have two front yards, a side yard, and a rear yard (which is longer than the side yard).

The Zoning Officer explained that the Zoning Ordinance specifies that the rear yard is always opposite the "address street" (usually the front yard). He explained that this issue often has an adverse affect on where a driveway on a corner lot can be located since lots are not always designed to accommodate this criteria. He stated that other municipalities (Lititz Borough, Manheim Township) have adopted a standard that corner lots have two front yards and two side yards, therefore, these issues are usually eliminated. He requested the Board's input on the issue. The Chairman inquired whether or not the issue would affect the ability to add a deck or similar construction to a home. The Zoning Officer explained that it could adversely affect the ability for an addition due to the reduced setback. The Board is agreeable to modifying the Zoning Ordinance in the future to address corner lots. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Zoning Officer's February, 2002 report.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR FARMINGTON WAY: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $86,017.25 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion by Vigunas, seconded by Myers, the Board unanimously authorized a release of $86,017.25 from the current Letter-of-Credit for Farmington Way.

CONSIDER RESOLUTION # 03-20-02-01 ACCEPTING DEDICATION OF STONECREST DRIVE, SANDSTONE COURT AND A PORTION OF PEBBLE CREEK DRIVE IN PEBBLE CREEK, PHASE II: The Board reviewed the Resolution. On a motion by Myers, seconded by Vigunas, the Board unanimously adopted Resolution 03-20-02-01 to accept dedication of Stonecrest Drive, Sandstone Court, and the portion of Pebble Creek Drive located within Pebble Creek, Phase II.

CONSIDER THE FINAL LAND DEVELOPMENT PLAN FOR SYLVAN BRANDT, PREPARED BY DIEHM & SONS, DATED 10/18/01: Kevin Varner, representing Diehm & Sons, explained that the Board previously reviewed the Preliminary Plan for the project. He explained that the site contains approximately 10.7 acres of Industrial zoned lands located behind the Township's Salt Storage Shed along Rothsville Road (SR 772). He explained that the plan proposes a 60'x80' two-story warehouse/office/showroom and two access points from Rothsville Road. Varner explained that the plan includes a small lot add-on to the Township's Salt Storage Shed site.

Myers inquired how far the access to the site is from the intersection of Clay Road and SR 772. Varner explained that the distance is approximately 300'. Vigunas stated that if Sixth Street is extended to meet the intersection, the intersection would be signalized. He inquired whether or not 300' is an adequate separation distance. The Township Manager noted that this access location is existing, and added that the distance would provide a sufficient stacking lane for the intersection. He added that this is the only access along the frontage of the property and the Township can not legally deny access to a property. He explained that a typical 180' lane would provide stacking for 8 cars.

The Applicant is requesting a Waiver of Section 602.10.C pertaining to roadway frontage improvements. The applicant is requesting a Waiver of the requirement to construct roadway improvements (pavement widening, curb and sidewalk) along the Rothsville Road (SR 772) frontage of the project site. The Township Engineer commented that based on the justification cited in the request letter, they have no objections to granting the Waiver. On a motion by Moyer, seconded by Myers, the Board unanimously approved a Waiver of Section 602.10.C.

On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Final Land Development Plan for Sylvan Brandt contingent upon the Township Engineer's February 27, 2002 comment letter being addressed, upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township, upon recording of the access agreement with EDC Corporation, upon payment of the Escrow account, and upon the Applicant scheduling a pre-construction meeting with Township staff.

CONSIDER THE FINAL SUBDIVISION PLAN FOR JOHN RICCIARDI, PREPARED BY DIEHM & SONS, DATED 8/24/01: Kevin Varner, representing Diehm & Sons, stated that the site contains approximately 39 acres of Rural Estate Zoned lands located along Newport Road. He explained that the plan proposes four single-family lots, two of which are flag lots (lot 3 and lot 4) that share an access drive with lot 1 of the plan. As part of the project, the developer will level the area where additional right-of-way has been granted, and an existing barn will be razed. Varner stated that the applicant has received the HOP for the project. The Township Manager noted that PennDOT is aware of the available right-of-way if they wish to realign the roadway in the future. Varner stated that the plan includes several conservation easements for the steep slopes, riparian buffer and floodplain which are located at various areas on the site. Varner explained that infiltration trenches will be provided as part of the storm water controls for each of the lots. The Township Manager explained that access to the cemetery that exist on lot 1 of the plan has been guaranteed via a plan note that will be recorded with the plan.

The applicant is requesting a Waiver of Section 224.5 the proposed 8" diameter PVC outlet pipes for the Detention Basins compared to the minimum required pipe size of 15" and the specified pipe material.

The applicant is requesting a Waiver of Section 224.7 pertaining to required end treatments for pipes (head/endwalls or flared-end sections) compared to the indicated poured in place concrete.

The applicant is requesting a Waiver of Section 225.7 for the key trench and anti-seep collars. The Township Engineer commented that considering the relatively low head (2.17' of water depth) in the small detention basin and over the outlet pipe, it does not appear these components are necessary.

The Township Engineer also commented that each of these waivers is related to the inherent design approach of providing small, individual on-lot storm water management facilities. The result is that these facilities can not be designed and constructed in strict conformance to the Ordinance requirements. For this reason, and based on the justification provided within the request letter, they have no objections to granting the Waivers. On a motion by Vigunas, seconded by Moyer, the Board unanimously approved a Waiver of Section 224.5, a Waiver of Section 224.7, and a Waiver of Section 225.7. On a motion by Vigunas, seconded by Moyer, the Board unanimously approved the Final Subdivision Plan for John Ricciardi contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township, that any well abandonment must follow DEP requirements, upon water quality notification being stated as a plan note, upon recording of the conservation easement, upon recording of the joint access drive agreement, upon the deeds for the lots reflecting all easement restrictions, and upon the Applicant scheduling a pre-construction meeting with Township staff.

CONSIDER BIDS RECEIVED FOR ID2 FOB AGGREGATE: The Board reviewed the bids received for ID2 FOB aggregate. The Township received three bids for aggregate materials. The Roadmaster provided a report indicating that the bid documents appear to be properly completed as submitted. He recommends to award the 2002/2003 aggregate bid to Rohrer's Quarry for a total contract amount of $26,692.50 FOB and $36,552.50 delivered. He recommends to award the 2002/2003 ID materials bid to Highway Materials for a total contract price of $40,917.50 (these were the lowest bids for each item). On a motion by Moyer, seconded by Vigunas, the Board unanimously awarded the 2002/2003 aggregate bid to Rohrer's Quarry for a total contract amount of $26,692.50 FOB and $36,552.50 delivered and awarded the 2002/2003 ID Materials FOB to Highway Materials for a total contract price of $40,917.50.

REVIEW FIRE SERVICE ANALYSIS REPORT FROM DCED: The Board reviewed the report. The Township Manager explained that the report recommends the establishment of a Mutual Aid Agreement between all parties and to enact an Ordinance recognizing the fire companies that are part of the Report. He noted that other recommendations were included as part of the Report. He explained that a formal report will be presented to the WESA members in May. On a motion by McSparran, seconded by Myers, the Board voted unanimously to authorize the preparation of a Mutual Aid Agreement as recommended by the Fire Service Analysis Report from DCED.

AUTHORIZE RESOLUTION #03-20-02-02 ESTABLISHING AN ACCOUNT FOR WESA: The Board reviewed the Resolution. The Township Manager explained that due to the increased number of donations to the WESA organization, members of WESA requested authorization to establish a separate bank account for the organization. On a motion by Moyer, seconded by McSparran, the Board unanimously adopted Resolution 03-20-02-02 to establish a separate PLGIT account for WESA.

EXECUTIVE SESSION - REAL ESTATE: The Chairman announced that the Board will meet in an Executive Session immediately following this evening's meeting.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager