Chairman Thomas Zug convened the May 28, 2003 meeting of Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners Thomas Zug, Daniel Garrett, Brian Slinskey and Craig Kimmel. Jane Boyce, John Gazsi, Kelly Gutshall, and John Hohman were absent. In attendance were Township Manager Daniel Zimmerman, Kevin Varner, Tom Matteson, Jim Hess, Carolyn Hess, Todd Stumpf, David Eberly, Margaret Concannon, Esq., Matt Kundrot, Les Guyton, and Bill Swiernik.

APPROVAL OF MINUTES: The Planning Commission unanimously approved the minutes of the April 23, 2003 meeting as submitted.

COMMUNICATIONS: The Commission received a copy of the Lititz Borough Planning Commission’s May meeting minutes.

CONSIDER THE JAMES D. AND CAROLYN HESS SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 3/28/03: Kevin Varner, representing Diehm & Sons, stated that the site contains approximately 8.8 acres of R-1 zoned lands situated along the south side of Orchard Road and the west side of Pine Hill Road. The applicants propose to subdivide the tract into 9 single-family lots; 7 of the lots would front along Orchard Road and 2 lots would front along Pine Hill Road. The lots would be served by public water and public sewer.  Varner addressed the Township Engineer’s comment letter dated May 21, 2003. On a motion by Garrett, seconded by Kimmel, the Commission unanimously recommends favorable review of the Sketch Plan.

CONSIDER THE KATHRYN & DONALD GROFF SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 3/28/03: Kevin Varner, representing Diehm & Sons, stated that the applicants own three tracts of R-2 zoned land totaling 5.265 acres situated at the terminus of Hurst Boulevard and on the south side of Main Street in Rothsville. The applicants propose to subdivide the tracts into 16 single-family lots. Currently, 3 dwellings have access from this site through a shared driveway onto Main Street. The plan proposes to extend the Hurst Boulevard cul-de-sac. Four of the lots would have frontage along Main Street, and the remaining lots would front along the Hurst Boulevard extension. The plan proposes to eliminate the existing shared driveway onto Main Street, and to provide access to all of the lots from Hurst Boulevard. The proposal would require a shared driveway for 4 of the lots to enter the turn-around of the cul-de-sac. The lots would be served by public water and public sewer. Varner addressed the Township Engineer’s May 21, 2003 comment letter.

The Applicant is requesting a Waiver of Section 602.13 pertaining to cul-de-sac length. The applicant’s consultant has requested a Waiver of the requirement that permanent cul-de-sacs be no longer than 600'. The proposed extension of Hurst Boulevard is indicated as 720'. The Township Engineer commented that based on the justifications presented within the request letter and the relatively minor increased length of the cul-de-sac, they have no objections to granting the Waiver. Therefore, at the Township’s discretion, action should be rendered on the Waiver request. On a motion by Garrett, seconded by Kimmel, the Commission unanimously recommends granting a Waiver of Section 602.13.

On a motion by Garrett, seconded by Slinskey, the Commission unanimously recommends a favorable review of the Kathryn & Donald Groff Sketch Plan.

CONSIDER THE RITA’S ITALIAN ICES FINAL LAND DEVELOPMENT PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 3/24/2003: Tom Matteson, representing Rettew Associates, stated that the proposal received Conditional Use approval on March 6, 2003 and noted that the Conditions of the approval are included on Sheet 1 of the Final Plan. He provided a background on the proposal and explained that the site would be accessed via Peters Road. The plan proposes to co-locate on the same lot containing the recently constructed Wendy’s restaurant on lot 4 of the Shoppes at Kissel Village. The proposal is to construct an additional fast food restaurant, 19 parking spaces and to relocate the existing dumpster and enclosure within the Wendy’s parking lot.

The restaurant will have walk-up service with outside seating; however, no outdoor service is proposed. He explained that the building would be less than 1,000 square feet in size. Matteson explained that signage for the Rita’s restaurant would conform to the requirements of the approved Conditional Use. Matteson addressed the Township Engineer’s May 21, 2003 comment letter.

The applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan submittal. The Township Engineer commented that it would appear this project would qualify for Waiver of the Preliminary Plan requirements and they have no objections to granting the Waiver. On a motion by Slinskey, seconded by Garrett, the Commission unanimously recommends approval of the Waiver request.

On a motion by Kimmel, seconded by Slinskey, the Commission unanimously recommends approval of the Rita’s Italian Ices Final Plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE LANCASTER AIRPORT FINAL LOT ADD-ON AND SUBDIVISION PLAN, PREPARED BY DELTA CONSULTANTS, INC., DATED 1/10/2003: Attorney Margaret Concannon, representing the law firm of Russell, Krafft & Gruber, LLP, and David Eberly, representing Lancaster Airport Authority, and Matthew Kundrot with Delta Airport Consultants, Inc. are representing the proposal this evening.

Kundrot provided a background on the proposal. The Township Manager stated that only 2% of the overall project area is located within Warwick Township. Kundrot stated that a draft Road Relocation Agreement has been drafted for Kissel Hill and Millport Roads. Kundrot addressed the Township Engineer’s May 21, 2003 comment letter.

The applicant is requesting a Waiver of Section 602.10 pertaining to new street right-of-way and cartway widths. The existing cartway for Stauffer Road is approximately 15'. As part of the roadway realignment for Millport Road/Kissel Hill Road a new connection to Stauffer Road is proposed. The Township Engineer commented that the rural location and limited traffic volume of Stauffer Road does not warrant the construction of the new connection at the required local street standard of 28'. Furthermore, they understand that when the Township improves the entire length of Stauffer Road it will entail widening and resurfacing to provide two 11' wide lanes for a total cartway of 22'. As part of the proposed project, the Airport is proposing to match this planned 22' width. Therefore, they have no objections to the Waiver request to construct Stauffer Road with a minimum width of 22' and the necessary transitions to the existing cartway. On a motion by Garrett, seconded by Kimmel, the Commission unanimously recommends granting a Waiver of Section 602.10.

The applicant is requesting a Waiver of Section 221.7 (Stormwater Management Ordinance) pertaining to positive drainage. The Airport is proposing to construct a drainage swale (designated as Channel No. 12) at a slope of 0.6%. The required slope of 1% was established to reduce the potential for constructing swales or channels with low spots or areas that do not drain completely. The Township Engineer commented that positive drainage is required to enable property owners to adequately maintain swales or channels and avoid the possibility of "wet" conditions developing. However, it is certainly possible, although difficult, to grade areas at slopes near 0.5% without causing low spots or a lack of positive drainage. With the amount of construction administration and inspections that will apparently be provided by the Airport during the construction period, they are not as concerned about having Channel No. 12 constructed at a slope of 0.6%. Furthermore, the Airport will be responsible for the periodic and long-term maintenance of the drainage channel. Therefore, they have no objections to granting the Waiver as requested. On a motion by Slinskey, seconded by Garrett, the Commission unanimously recommends granting a Waiver of Section 221.7

The Commission briefly discussed the proposal. On a motion by Garrett, seconded by Kimmel, the Commission unanimously recommends approval of the Lancaster Airport Final and Lot Add-on Plan contingent upon the Township Engineer’s comments being addressed.

DISCUSS THE DOGWOOD VALLEY, PHASE III FINAL SUBDIVISION PLAN, PREPARED BY DAVID MILLER ASSOCIATES, DATED 8/19/2002: Bill Swiernik, representing David Miller/Associates, provided a background of the project. He explained that the plan has been revised to address Township staff’s comments. The Commission reviewed the retainer wall system that will be used to support the culvert on Dogwood Valley. The plan proposes the use of the "rainstore" system for retention purposes. The system would be maintained by the Homeowner’s Association. Swiernik addressed the Township Engineer’s May 21, 2003 comment letter.

The applicant is requesting a Waiver of Section 602.8.A pertaining to vertical curve requirements for streets. The applicant’s consultant is requesting a Waiver of the street design criteria to minimize the amount of required fill and therefore impacts to the floodplain and wetlands areas on the site will still providing access to the Phase 3 portion of the site. The Township Engineer commented that based on the previous justifications provided, the classification of the street, the eliminated number of homes within this Phase and the fact that no driveways are proposed within the affected portion of the street; they could support the granting of the Waiver. If the Township considers the Waiver, they suggest adding the condition that the street will be posted with a 25 MPH speed limit and the appropriate advisory signs be provided and installed. On a motion by Garrett, seconded Slinskey, the Commission unanimously recommends granting a Waiver of Section 602.8.A contingent upon the roadway being posted with a 25 MPH speed limit.

The applicant is requesting a Waiver of Section 602.13 pertaining to cul-de-sac length. The design criteria limits the length of a temporary cul-de-sac to 800'. The proposed length of the street Dogwood Valley, is 1375'. The Township Engineer commented that based on the justifications provided and since the proposed configuration of the street was previously approved as part of the Preliminary Plan for the development (although the Preliminary Plan approval expired); they have no objections to granting the Waiver. On a motion by Garrett, seconded by Kimmel, the Commission unanimously recommends approval of a Waiver of Section 602.13.

The applicant is requesting a Waiver of Section 225.9.A (Stormwater Management Ordinance) pertaining to Retention Basin Design Standards. The Township Engineer commented that in response to their previous review comment pertaining to the requirement that the proposed "Leaching Rings" be no less than 30' from any basement wall, the applicant’s consultant has requested a Waiver. The proposed location of the "Leaching Rings" will be at least 10' from the exterior wall of all dwelling units. As indicated in the request, the basis for the request is the limited area on each cluster lot for the placement of "Leaching Rings" and that a 10' setback will be provided from all basement walls, which is consistent with the manufacturer’s recommendations. Since the depth of the "Leaching Rings" is indicated as 10' from the zone of influence, exclusive of the topography in the area, will be a horizontal distance of 10'. In addition, the developer, consultant and eventual home builder will be responsible for the placement of the "Leaching Rings" on each lot. For these reasons, they have no objections to granting the Waiver of conditional on providing a minimum separation distance of 10' between each "Leaching Rings" and any basement wall and 5' from any property line to the edge of the excavation for the installation of the "Leaching Rings" These requirements should be noted within the "Precast Leaching Rings Non-Traffic Rated" detail. On a motion by Kimmel, seconded by Slinskey, the Commission unanimously recommends approval of a Waiver of Section 225.9.A contingent upon the Township Engineer’s recommendations being addressed.

The Commission discussed the proposal at length. The Commission expressed concern over the construction and long-term maintenance of the proposed retaining wall due to its size. They indicated that maintenance of the retaining wall would be a hardship to either the Township (if the wall would be constructed within the right-of-way) or the Homeowner’s Association. The Commission emphasized that any retainer wall option must meet the standards of the Subdivision and Land Development Ordinance. In addition, the applicant must certify the structural integrity of any wall and provide for its long-term maintenance.

DISCUSS RECOMMENDATIONS TO REVISE AND MODIFY THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE: The Township Manager stated that the Commission members discussed the proposed modifications to the Subdivision and Land Development Ordinance at their April 23, 2003 meeting. He added that the Board of Supervisors reviewed the modifications at their May 22, 2003 meeting. The modifications include issues for consideration (parking requirements, landscaping, sidewalk placement, cartway standards, access drive requirements, slope easements, aquifer test standards and sinkhole repair). The Township Manager explained that, if agreeable by the Commission and Board of Supervisors, the topics will be reviewed by the Lancaster County Planning Commission and local consultants. Subsequently, a draft of the modifications will be presented to the Board for review, and if applicable, adoption. The Commission briefly discussed the modifications.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager