Chairman Thomas Zug convened the July 23, 2003 meeting of Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners Thomas Zug, Jane Boyce, John Gazsi, Kelly Gutshall, John Hohman, Brian Slinskey and Craig Kimmel. Daniel Garrett was absent. In attendance were Code and Zoning Officer Thomas Zorbaugh, Township Engineer Grant Hummer, Kevin Varner, Ken Kase, Deb Weaver, and Michael V. Palasz.

APPROVAL OF MINUTES: The Planning Commission unanimously approved the minutes of the June 25, 2003 meeting as submitted.

COMMUNICATIONS: The Commission received a copy of the Lititz Borough Planning Commission’s July 1, 2003 meeting minutes.

FINAL REVIEW OF THE PAUL AND MARY KURTZ LOT ADD-ON AND SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 5/23/03: Kevin Varner, representing Diehm & Sons, stated that the Kurtzs own approximately 15 acres of R-1 zoned lands located along the southwest corner of the intersection of Church Road and Ballstown Road. He explained that the plan proposes to transfer a 1.24 acre parcel from the 16.6 acre parent tract owned by the Kurtzs to an adjacent property also owned by the Kurtzs which contains their existing home. Varner explained that Lot 1 of the plan contains the Kurtzs home and would have a resultant area of approximately 3 acres, and the remaining lands would have a resultant area of approximately 13 acres. He noted that there are no construction improvements proposed as part of the plan. Varner addressed the Township Engineer’s July 16, 2003 comment letter. He provided a Sketch Plan of the future development potential of the remaining lands for the Commission’s review and information. Varner noted that the future development is not proposed as part of the plan being presented this evening. Varner explained that the Township Engineer commented that a Share Driveway Easement Agreement should be prepared and recorded to allow the perpetual use of the driveway by each property owner. Varner stated that the property owner does not wish to prepare an easement agreement since the adjoining lands are owned by his daughter and son-on-law. The Code and Zoning Officer explained that the shared driveway is an existing condition. Zug suggested that the new deed for the lot add-on property include a note indicating that if the property is sold in the future, an easement agreement must be prepared and recorded. Deb Weaver, the property owner’s daughter, stated that her father does not wish to have an agreement prepared due to the additional cost. She stated that her family has owned these properties for over fifty years, and they do not feel that the easement agreement is necessary. The Commission briefly discussed the proposal. Gutshall stated that if a separate access to the Weaver property is not possible, an easement should be provided as part of the plan. Slinskey concurred with Gutshall’s comment. Kimmel inquired whether the Commission has the right to require the easement agreement since the Weaver property is not part of the plan. Zug stated that the lot is affected since it shares an access with the lot add-on property. The Township Engineer stated that the Township has been consistent in requiring easement agreements for shared driveways. On a motion by Hohman, seconded by Gutshall, the Commission voted unanimously to recommend approval of the Paul H. and Mary Kurtz Lot Add-on Plan contingent upon the Township Engineer’s July 16, 2003 comment letter being addressed and upon a Shared Driveway Easement Agreement being prepared and recorded for the Kurtz and Weaver properties.

CONSIDER THE ROMAN AND KATHRYN MUSSER FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 5/7/03: Kevin Varner, representing Diehm & Sons, explained that the site is located on the west side of Skyview Lane and contains approximately 11.4 of Rural Estate zoned lands. The plan proposes to subdivide an approximate 1.253 acre single family building lot for the property owner’s daughter and son-in-law. Varner explained that the existing home and barn would be located on the remaining 10.174 acres of land. He noted that the proposal has been approved by the Lancaster County Conservation District and the PA Department of Environmental Protection (DEP).

Varner addressed the Township Engineer’s July 16, 2003 comment letter. Varner explained that an infiltration facility is proposed as part of the Best Management Practices (BMPs) for the plan. The infiltration facility will address stormwater runoff from the roof of the proposed dwelling on Lot 3.

The applicant is requesting a Waiver of Section 602.10.C pertaining to roadway improvements. The Township Engineer commented that in order to address the requirements for roadway frontage improvements, the applicant’s consultant previously submitted an "Opinion of Probable Cost" to establish the amount for a fee in-lieu-of actually constructing the necessary improvements. Based on the justifications cited in the request letter, the Township Engineer recommends approval of the Waiver contingent upon payment of the fee by the applicant as part of the Final Plan approval. On a motion by Hohman, seconded by Gazsi, the Commission voted unanimously to recommend approval of a Waiver of Section 602.10.C, contingent upon the Township Engineer’s comments being addressed.

Varner provided a Sketch Plan illustrating the future development potential of the remaining lands for the Commission’s review and information. On a motion by Hohman, seconded by Slinskey, the Commission voted unanimously to recommend approval of the Roman S. and Kathryn Musser Final Plan contingent upon the Township Engineer’s July 16, 2003 comment letter being addressed.

CONSIDER THE KENNETH KASE CONDITIONAL USE APPLICATION FOR A ONE-LOT SUBDIVISION, PREPARED BY DIEHM & SONS, DATED 6/26/03: Kevin Varner, representing Diehm and Sons, explained that the site is located on the east side of Brunnerville Road and contains approximately 7 acres of Agricultural zoned lands. The plan proposes to subdivide an approximate 2 acre parcel. He noted that the lot will be served by on-site sewage and an on-site well. Varner stated that a groundwater resource evaluation was performed for the site and added that a copy of the evaluation will be submitted to the Township as part of this plan. Varner explained that the proposal will require approval of a Conditional Use for a single-family home in the Agricultural zoning district.

Varner addressed the Township Engineer’s July 16, 2002 comment letter. The Township Engineer questioned the configuration proposed for Lot 2 of the plan considering the irregular shape of the remaining lands. Varner explained that the maximum residential lot size in an Agricultural zone is 2 acres, and due to this requirement and lot width requirements, the irregular lot is resultant. The property owner (Kenneth Kase) indicated that he would be agreeable to extending the lot line farther back and create a larger lot. The Commission indicated that the minimum lot size is 100' and inquired why the proposed lot is over 170' wide. Kase stated that the lot would be too narrow due to the required separation distance for the drain field. Varner noted that the lot could be narrowed to 157' in order to extend the property line to the rear and maintain the 2 acre lot size requirement. Kase inquired whether the lot size could be increased. The Code and Zoning Officer explained that the proposal would require a zoning hearing. He added that the property owner would be required to prove a hardship in order to increase the lot size. The Commission briefly discussed the proposal. The Planning Commission recommended a favorable review of the Conditional Use application contingent upon reducing the width of Lot 2 in order to extend the property line to the rear, and upon the Township Engineer’s July 16, 2003 comment letter being addressed.

CONSIDER THE BARRY GARNER LOT ADD-ON PLAN, PREPARED BY DIEHM & SONS, DATED 7/1/03: Kevin Varner, representing Diehm & Sons, explained that the plan involves three tracts of land located on the north side of East Lexington Road comprising a total of approximately 1.5 acres. The plan proposes to subdivide an approximate .47 acre parcel owned by "Grube" into two parcels. One of the parcels (containing 12,765 square feet) will be added to the adjacent property also owned by "Grube" and the other parcel (containing 7,645 square feet) will be added to the adjacent property, which is owned by "Garner".

Varner addressed the Township Engineer’s July 16, 2003 comment letter. The Township Engineer commented that there is currently a 24" CMP storm pipe extending along the northern side of the existing "Grube" property. A drainage easement should be shown on the plan and created on the "Grube" property to protect and preserve this stormwater conveyance facility. The Township Engineer noted that it appears the required minimum easement width of 10' can not be provided due to the location of the existing dwelling which encroaches into the required side yard setback. Consequently, perhaps only a 5' wide easement should be created and shown on the plan. On a motion by Boyce, seconded by Hohman, the Commission voted unanimously to recommend approval of the Barry L., Jr. and Karen E. Garner Lot Add-on Plan contingent upon the Township Engineer’s July 16, 2003 comment letter being addressed.

CONSIDER THE MICHAEL PALASZ FINAL LAND DEVELOPMENT PLAN, PREPARED BY DIEHM & SONS, DATED 3/27/03: Kevin Varner, representing Diehm & Sons, explained that the site consists of three lots located on the northwest corner of the intersection of Toll Gate Road and Furnace Hills Pike (SR 501). He stated that Lititz Orthodontics is located on the center tract and noted that the lots on either side are currently vacant. The average size of the lots is 0.38 acres and all of the lots are zoned Community Commercial. Varner stated that the lots were created as part of the "Toll Gate North" subdivision plan which was approved in 1983. He explained that the plan this evening proposes to combine the three lots into two lots in order to make each lot more functional and able to meet ordinance requirements.

The plan proposes an addition to the existing Lititz Orthodontics building and a new 2-story building on the adjoining lot. The plan illustrates the extension of the existing parking area at the front of the Lititz Orthodontics building along the front of the proposed 2-story building. He explained that the plan proposes a shared one-way access drive which would be accessed near the front of the proposed building and egresses through the Lititz Orthodontics site.

Varner explained that the proposal received zoning approval on October 9, 2002. He detailed the proposed stormwater management facilities for the benefit of the Commission. He explained that the plan proposes an underground system to address stormwater and convey it to the swale behind the lots. He added that the plan proposes to extend sidewalk along Furnace Hills Pike (SR 501) and noted that PennDOT recently approved the sidewalk extension plan. Varner explained that the existing force main that serves the units along Toll Gate Road will be relocated based on the recommendations of the Municipal Authority. Varner explained that the Municipal Authority has requested that a booster station be constructed as part of the plan and added that the property owner will provide an easement area for the booster station.

The Applicant is requesting a Waiver of Section 602.10.C pertaining to Roadway Frontage Improvements. The applicant’s consultant has requested a Waiver of the requirement to improve (no curb or sidewalk) Toll Gate Road along the frontage of the site. As part of the previous Sketch Plan review and discussions, curb and sidewalk improvements are indicated on the plans for construction along Furnace Hills Pike. The Township Engineer commented that as indicated in the request letter, it appears the Waiver may be justified based on the current width and configuration of Toll Gate Road. Vertical curb is proposed within the site parking compounds and along each access drive at the intersections with Toll Gate Road to provide access management. While they have no objections to granting the Waiver, action should be rendered at the sole discretion of the Township. Should the Waiver be approved, their only recommendations would be: a) As with other projects in the Township, if the required roadway improvements are not constructed by the applicant/developer, a fee in-lieu-of actual construction should be paid to the Township, and b) The limit of the proposed sidewalk should be extended into the site up to the proposed curb at the parking area. A depressed curb section and ramp should be indicated on the plan to actually allow pedestrians to walk into the site. On a motion by Kimmel, seconded by Hohman, the Commission voted unanimously to recommend approval of the Waiver contingent upon the Township Engineer’s comments being addressed.

The Applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan Application. The applicant is requesting a Waiver of the requirement to submit a Preliminary Land Development Plan for the project. The intention is to proceed directly to the Final Plan stage of the plan processing requirements. The Township Engineer commented that it appears that all applicable planning requirements have been, or will be provided as part of the Final Land Development Plan; therefore, they have no objections to granting the Waiver request. On a motion by Gazsi, seconded by Slinskey, the Commission voted unanimously to recommend approval of the Waiver contingent upon the Township Engineer’s comments being addressed.

The Applicant is requesting a Waiver of Section 602.11.C pertaining to Access Drive Separation Distance. The Ordinance requires a minimum centerline separation distance of 300' for Access Drives, which is also the requirement for streets. This Waiver is applicable to the access drive intersection with Toll Gate Road that is within close proximity to Furnace Hills Pike. The separation distance provided is 150'. The Township Engineer commented that based on the justification provided, they can support the Waiver request conditional on the access drive being restricted to one-way traffic entering the site. On a motion by Hohman, seconded by Boyce, the Commission voted unanimously to recommend approval of the Waiver, contingent upon the Township Engineer’s comments being addressed.

The Applicant is requesting a Waiver of Section of Section 602.16.C which states that no part of any structure should be within 30' from the cartway edge of an access drive. The Township Engineer commented that, typically, if some sort of vehicular barrier is provided (such as the indicated curb/sidewalk along the front of the proposed 2-story building) this requirement has been determined to be satisfied. Varner provided photographs of the existing site and an illustration of the proposed improvements for the benefit of the Commission. The Chairman inquired whether or not bollards could be installed at the corner of the building to provide a barrier. Varner stated that landscaping could be provided to act as a barrier.

The Commission briefly discussed the proposal. The Chairman inquired whether or not the second floor will provide useable space. Varner responded in the affirmative. The Commission recommended that one parking space be removed in order to facilitate movement of large vehicles within the parking area. On a motion by Boyce, seconded by Kimmel, the Commission voted unanimously to recommend a Waiver of Section 602.16.C contingent upon the elimination of one parking space.

Gutshall requested to review the proposed design for the site lighting fixtures. Varner provided information pertaining to the light standards. He noted that the lights would have a 175 watt element. On a motion by Slinskey, seconded by Boyce, the Commission voted unanimously to recommend approval of the Land Development Plan contingent upon the Township Engineer’s July 15, 2003 comment letter being addressed.

CONSIDER THE DIEHM & SONS STORMWATER MANAGEMENT PLAN AND WAIVER OF LAND DEVELOPMENT PLAN, PREPARED BY DIEHM & SONS, DATED 6/20/03: Kevin Varner, representing Diehm & Sons, explained that the site is located on the west side of Toll Gate Road. He explained that the lot contains approximately .784 acres of Community Commercial zoned land. He explained that the plan proposes a second-story addition over the existing building and an approximate 3,450 square foot expansion to the existing parking area. He noted that the addition is proposed to accommodate additional facilities needed for the business (conference room, lunch room, etc.). Varner stated that, at this time, no additional employees are anticipated; however, the expansion would provide for an additional four employees in the future, if needed. The plan proposes nine parking spaces to the rear of the building, and would eliminate two existing parking spaces. The Commission inquired how stormwater would be addressed. Varner explained that an inlet is proposed near the center of the parking area and the roof drains would be directed to the inlet. In addition, an orifice plate would discharge to a 15" pipe which would convey stormwater to the existing stormwater pipe at the rear of the property. Varner stated that a portion of the parking area would be located within the 100-year flood plain.

The Applicant is requesting a Waiver of Section 301 pertaining to Plan Processing Requirements. The applicant/consultant is requesting a Waiver of the requirement to submit a formal Land Development Plan for the project. A Storm Water Management Plan has been submitted for review and consideration as a substitute for the formal Land Development Plan. The Township Engineer commented that since the project is relatively minor in nature but does contain stormwater management improvements, they can support the Waiver request contingent upon the processing, review and approval of the submitted Storm Water Management Plan for the project to the satisfaction of the Township. The Chairman stated that typically, curb and sidewalk would be required as part of the project. Varner noted that curb and sidewalk is not proposed as part of this project. He expressed the opinion that the second-story could be constructed without a Land Development Plan; however, the expansion of the parking area is what necessitated the need for a Land Development Plan. The Commission briefly discussed the proposal. The Code and Zoning Officer read the criteria for which a Land Development Plan is needed for the benefit of the Commission. He added that the Township approved a similar Waiver for the Sechan Electronics proposal for additional parking spaces. Gutshall expressed concern over the additional impervious surface within the floodplain. Varner explained that this area is susceptible to sinkholes; otherwise, an underground infiltration facility could have been proposed. On a motion by Gazsi, seconded by Hohman, the Commission voted unanimously to recommend a Waiver of Section 301, contingent upon the Applicant submitting a formal Stormwater Management Plan for the project. The Chairman inquired whether or not bumper blocks would be provided at the parking spaces along the building. Varner explained that some type of barrier would be provided. The Commission inquired whether or not the facility is handicap accessible. Varner explained that the facility is not currently handicap accessible and added that if Labor and Industry requires the facility to be handicap accessible as part of its review of the plan, provisions would be made to accommodate the requirement. On a motion by Boyce, seconded by Hohman, the Commission voted unanimously to recommend approval of the Stormwater Management Plan.

DISCUSSION ON WARWICK FARMS, PREPARED BY MCCARTHY ENGINEERING, DATED 6/11/03: The Chairman explained that applicant requested that the plan be tabled this evening. On a motion by Hohman, seconded by Slinskey, the Commission voted unanimously to table action on the plan this evening.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer