WARWICK TOWNSHIP ZONING HEARING BOARD MINUTES
February 12, 2003

Chairman Randall Wenger convened the February 12, 2003 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Randall Wenger, Wilmer Burkhart, Dane St. Clair, and Scott Goldman. Gary Lefever was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Allen W. Martin, John King, Jr., John King, Sr., Kevin Varner, Virginia Martin, Bob Garman, Roy Zimmerman, and Jim Hess.

MINUTES APPROVAL: On a motion by Burkhart, seconded by St. Clair, the Board unanimously approved the minutes of the January 8, 2003 meeting as submitted.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Zoning Officer confirmed the posting, notice and proof of publication of the cases to be heard at this evening's hearing.

HEARING PROCEDURES: For the benefit of those present, the Zoning Hearing Solicitor explained the procedure to be followed for the evening's hearings.

CASE #602, JOHN KING, JR-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from John King, Jr, 745 E. Millport Road, Leola, PA 17540. The applicant is the son of John King, Sr. owner of the property located at 743 E. Millport Road, Leola. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 201.3.B, pertaining to a Farm Occupation in an Agricultural Zone. The applicant would like to build sheds as a secondary occupation on this property. The applicant also requested a Variance of Section 425.C to allow the storage of up to 10 sheds on the property until they are picked up by the hauler.

John King, Jr. was sworn in. He testified that he would like build sheds at the property. He explained that he is also requesting approval for outside storage of treated lumber. The Zoning Officer explained that the applicant’s brother-in-law operates an agricultural building construction business and requested the applicant’s assistance to construct the sheds. He explained that the applicant wishes to use a 40' x 32' portion of an existing barn on the property for construction; however, there is not sufficient room inside of the barn to store the completed sheds. He added that no sales would occur from the property and noted that a hauler would pick-up the completed sheds from the property and deliver them to the buyer. The applicant testified that farming would continue to be the primary use of the property. The sheds would be stored outside in a 50' x 20' area behind the existing milking barn on the property. The applicant indicated that he would agree to a maximum of ten sheds being stored on the property at one time. The Board inquired whether or not King would hire employees. King responded that he might hire non-family members as employees. He testified that he would not have a sign on the property since he would not offer retail sales.

The Chairman inquired whether or not anyone present would like to comment on this case. No one present indicated their desire to comment on the case.

The Board advised King that the Zoning Ordinance indicates that no more than the equivalent of 2 non-residents may be employed at the farm occupation. The Zoning Officer clarified that the application would also require a Variance of Section 425.D since it requires the "loading" area to be screened from roadways and adjacent properties, and there is no existing vegetation on the property along Becker Road. Burkhart inquired whether or not the area specified for the outside storage area is sufficient for the sheds and the treated lumber. The applicant testified that he would need a maximum 3,000 square foot area (approximately 30' x 100') behind the barn for outside storage. On a motion by Goldman, seconded by St. Clair, the Board voted unanimously to grant a Special Exception for a Farm Occupation under Section 201.3.B, a Variance of Section 425.C and a Variance of Section 425.D contingent upon the area behind the barn for outside storage being limited to 3,000 square feet.

CASE #603, GREEN HILLS FARM-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from Roy Martin of Green Hills Farm, 937 E. Newport Road, Lititz, PA 17543. The applicant is the equitable owner of the property located at 615 E. Newport Road, Lititz owned by W. A. Miller & Son, Inc. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 505, pertaining to a substitution of a nonconforming use in a Rural Estate Zone. The applicant would like to substitute his discount grocery store for the existing foundry. The applicant is also requesting Variances of the following Sections: 505.B an increase in traffic & 505.D to add parking lot lights.

Roy Martin representing Green Hills Farm Discount Grocer, was sworn in. Martin explained that they currently operate a discount grocer at 937 East Newport Road, across from the Lititz Area Mennonite School. He explained that they wish to relocate the business to 615 East Newport Road at the intersection of East Newport Road and Orchard Road. He explained that the property currently contains an aluminum foundry (W.A. Miller & Son) which is a non-conforming use in the Rural Estate zone. He expressed the opinion that the proposed use would be less detrimental to the surrounding area than the aluminum foundry. He explained that the Planning Commission reviewed the application at their January 22, 2003 meeting and the Board of Supervisors reviewed the application at their February 5, 2002 meeting. He explained that the property has access to the site from both Orchard Road and East Newport Road. Martin stated that the access along East Newport Road would be improved and designated as ingress-only primarily for deliveries. He explained that the access along Orchard Road would be the primary access to the property for customers. The plan proposes 40 parking spaces. The plan proposes to retain the existing approximate 12,000 square foot building which would provide 6,000 square feet of retail space and 6,000 square feet of storage space.

Martin explained that the plan proposes to illuminate the entrance/exit to the property and the parking area. He explained that only security lighting would be provided on the property when the business is closed. He stated that the Variance for the increase in traffic is needed since the foundry has very little automobile traffic at the site. He noted that the site had significant truck traffic (approximately 35 trucks per week) during its full operation.

The Zoning Hearing Board inquired what type of comments were offered by the Board of Supervisors. Martin explained that the Board of Supervisors and Planning Commission members indicated that they were in favor of the plan and that the operation seems favorable at this location. He added that they also recommended that the proposed access along Orchard Road be coordinated with a proposed driveway on the opposite side of the roadway from this site. He noted that moving the access farther from the intersection of Newport Road and Orchard Road creates a conflict with the existing steep slopes on the property.

The Zoning Officer explained that if the proposal receives zoning approval, the applicant will be required to submit a formal Land Development Plan for the site that addresses stormwater, curbing, etc. Martin explained that the current business location only provides 2,100 square feet for the operation. He noted that the business operation at the existing location would be discontinued if the business at this proposed location is approved and operational. He explained that the development across Newport Road from the site (Newport Square) is in the process of requesting a reduction in the amount of commercial area that was originally proposed as part of the development.

Martin stated that the facility would employ a maximum of 5 employees during one shift. He said currently, the hours of operation are Tuesdays through Thursdays from 8:00 a.m. until 6:00 p.m., on Fridays from 8:00 a.m. until 8:00 p.m. and on Saturdays from 8:00 a.m. until 4:00 p.m. He added that the previously approved proposed hours of operation are Monday through Saturday 8:00 a.m. until 8:00 p.m. He noted that they do not want to limit the hours of operation in case customers would like the store to be open late on another night in the future.

Martin provided pictures of the type of light standards that are proposed on the property. He explained that an abbreviated traffic study would be submitted with the Land Development Plan. He added that he anticipates 2-3 small delivery trucks and 1 tractor-trailer delivery per week.

Goldman expressed the opinion that this use is less detrimental than the existing foundry. Burkhart concurred with Goldman’s comments. Martin explained that he would use the store signage for the existing business for this proposed site. He noted that the only other signage proposed on the site would be along East Newport Road to designate the access for deliveries only.

The Chairman inquired whether or not anyone present would like to comment on this case. No one present indicated their desire to comment on the case.

On a motion by Burkhart, seconded by Goldman, the Board voted unanimously to grant a Special Exception under Section 505, a Variance of Section 505.B and a Variance of Section 505.D. contingent upon limiting the operation to 6,000 square feet of retail space, upon the hours of operation being limited to Monday through Saturday 8:00 a.m. until 8:00 p.m., and upon the proposal being submitted to the Township as a Land Development Plan.

CASE #604, ROY ZIMMERMAN-VARIANCE: The Chairman read the zoning notice for the application received from Roy Zimmerman, 10 Eagles Landing, Lititz, PA 17543. The applicant is the owner of the property located at 920 Clay Road, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 204.5, Design Standards in a R1 Residential Zone. The applicant received approval in May of 2002 for this project but needs further relief due to the substitution of a public street instead of a private street.

Kevin Varner, representing Diehm & Sons, and Roy Zimmerman were sworn in. The Zoning Officer explained that the Zoning Hearing Board heard Case #584 for this property on May 8, 2002. At that time, the Board approved a Variance of Section 201.6.B.1 to allow a three acre building lot in the Agricultural zone, and Variances of Section 204.5 pertaining to design standards (lot width and side yard setbacks) for the R-1 zoned lots that are part of the proposal. He explained that the plan originally proposed a private street; however, the plan now proposes a public street with a 60' right-of-way. He noted that the plan illustrates the dedicated right-of-way area at the end of the cul-de-sac for a future street extension into the neighboring property, if needed. He stated that the applicant originally requested a Variance to reduce the width of the R-1 zoned lots from the required 280' lot width. The applicant is requesting zoning approval this evening to further reduce the lot width of Lot 3 to 245' (original Variance granted a lot width of 260'), to reduce the lot width of Lot 4 to 250' (original Variance granted a lot width of 260'), and to reduce the lot width of lot 5 to 268' or 105' along the cul-de-sac (original Variance granted a lot width of 274').

Varner explained that the plan now proposes an 800' long temporary cul-de-sac (the maximum permitted length for a temporary cul-de-sac). He added that Lot 5 of the proposed plan would now have direct access to the cul-de-sac. St. Clair stated that the minimum lot width of 280' was established to provide for the future subdivision of lots, and since the plan proposes to restrict future subdivision of any of the lots, he would be agreeable to the proposed changes as requested.

The Chairman inquired whether or not anyone present would like to comment on this case. No one present indicated their desire to comment on the case.

On a motion by Goldman, seconded by St. Clair, the Board voted unanimously to grant a Variance under Section 204.5 as stated (reduction in lot width for Lot 3 to 245', of Lot 4 to 250', and of lot 5 to 268' or 105' along the cul-de-sac).

OTHER BUSINESS TO COME BEFORE THE BOARD: The Zoning Officer introduced Kenneth Kauffman as the new alternate to the Zoning Hearing Board.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:05 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer