Vice-chairman John Gazsi convened the September 24, 2003 meeting of Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners John Gazsi, Daniel Garrett, Brian Slinskey and Craig Kimmel. Thomas Zug, Jane Boyce, Kelly Gutshall and John Hohman were absent. In attendance were Township Manager Daniel Zimmerman, Township Engineer Grant Hummer, Mark Johnson, Kevin Lahn, Kevin Varner, Alan Love and Michael Skelly.

APPROVAL OF MINUTES: The Planning Commission unanimously approved the minutes of the August 27, 2003 meeting as submitted.

COMMUNICATIONS: The Commission received a letter from the Lancaster County Planning Commission advising that they provide community planning service to municipalities.

The Commission received a letter from the Lancaster Conservation District regarding manure storage facilities. The Township Manager explained that the Township follows the guidelines outlined in the letter.

CONTINUED DISCUSSION ON THE KELLER BROTHERS SUBDIVISION PLAN, PREPARED BY LAKE, ROEDER, HILLARD & ASSOCIATES, DATED 7/7/03: Alan Love, representing Lake, Roeder, Hillard & Associates, explained that the plan proposes a two lot subdivision. The plan proposes 52 townhouse units on lot 1 located within Lititz Borough, and lot 2, located within Warwick Township, would be retained by the property owner, who does not intend to develop the property at this time.

Love stated that based on joint discussions with Warwick Township representatives and Lititz Borough Council, the applicant has agreed to extend Keller Drive as a temporary cul-de-sac, and to extend the right-of-way to provide access to lot 2 in the future, if needed. He added that Raspberry Lane will be extended to allow the businesses along SR 501 to access Raspberry Lane to the rear and eliminating the potential commercial traffic along Keller Drive.

Love stated that a note has been added to the plan stating that any future land development of lot 2 will require additional right-of-way as necessary to extend Raspberry Land and Keller Drive across lot 2 to the adjoining property currently owned by Henry H. Gibble. In addition, a plan note has been added that states that future access to lot 2 is not permitted via Landis Valley Road and South Broad Street. He noted that the extension of Raspberry Lane does not necessarily benefit the developer of the lot 1; however, the roadway is being constructed to meet Lititz Borough’s Ordinance requirements.

On a motion by Kimmel, seconded by Garrett, the Commission voted unanimously to recommend approval of the Keller Brothers subdivision plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE SHOPPES AT KISSEL VILLAGE REQUEST TO MODIFY CONDITIONAL USE DECISION, PREPARED BY RGS ASSOCIATES, DATED 8/22/03: Mark Johnson, representing RGS Associates, explained that the plan proposes a 5,300 square foot restaurant on Lot 1 of "The Shoppes at Kissel Village" Land Development Plan. The restaurant, which would not have drive-through service, would be located between the existing bank and the "McDonald’s" restaurant. In addition, the plan proposes a building containing 6,000 square feet which would contain an ice cream store, coffee shop and retail space. Johnson outlined the existing layout of the site, and explained that a 25,000 square feet anchor that was originally proposed at the southern corner of the shopping center building will not be constructed. He explained that a drive-through restaurant was originally proposed at the proposed location of the 5,300 square feet restaurant; however, the coffee shop would provide drive-through service. He added that although the proposed layout of the site is different from the original plan, the current proposal reduces the overall square footage of the Shopping Center site. Johnson explained that the traffic generation would also be reduced as part of the proposal this evening. Johnson detailed the architecture for the structures and explained that each building would have matching brick facade and signage as the existing Shopping Center buildings.

Johnson explained that the proposal would require a modification for the Conditional Use for the original plan for "The Shoppes at Kissel Village". He stated that a 5,300 "Panera Bread" restaurant is proposed as part of the plan. In addition, a "Starbucks Coffee", "Cold Stone Creamery", and a retail shop would be located within the 6,000 square foot building. Kevin Lahn, representing R.J. Waters Associates (Shopping Center Manager), added that although there is no specific retailer proposed at this time; there would be no additional restaurants. Johnson noted that the proposal would meet the parking requirements for the site. Garrett expressed concern that the proposal creates an additional lot on the site and the original plan only proposed three lots at this location. He stated that regardless of whether or not the parking area is adequate, the proposal increases the number of lots from the original plan. Garrett explained that representatives of "Giant" had previously proposed gas pumps within the parking area, and their request was denied. Johnson explained that the difference between the two proposals is that "Giant" requested a new conditional use and not an amendment to the existing conditional use. In addition, gas pumps were not part of original plan; the plan this evening does not propose any new uses. Johnson explained that the proposed uses would be under the management of R.J. Waters Associates, and the gas pumps would have been under the management of "Giant". Gazsi inquired whether or not the proposal this evening represents a reduction in the overall square footage of uses from the original plan; or will it maintain the balance for future use. Johnson explained that, if this plan is approved, it would represent a reduction in square footage of the original proposed uses.

Johnson addressed the Township Engineer’s September 17, 2003 comment letter. He stated that the Township Engineer identified eight specific requirements of the Zoning Ordinance that should be addressed as part of the plan, and outlined how the proposal addresses these items. The Township Engineer commented that the Ordinance requires all exterior seating areas to be completely enclosed by a 3' high fence; however, the plans indicate only a partial fence around the exterior seating areas adjacent to the drive-through area. Johnson explained that an area for table and chairs is illustrated along the walkway for the 6,000 square foot building and added that this is not a formal seating area. The Township Manager inquired how wide is the walkway. Johnson explained that the walkway is 10' wide and the seating area would be approximately 60' long. Lahn explained that one row of tables (approximately 6) might be provided between the coffee shop and ice cream shop. Gazsi suggested that landscaping be provided for aesthetic purposes. Johnson explained that the applicant might be agreeable to substituting landscaping for the fence, if the Township is agreeable to the proposal. He noted that the applicant will comply with the Township’s wishes regarding the fence.

Johnson stated that the proposal would provide approximately 18 parking spaces for the "Park and Ride" facility. In addition, a walkway will be provided between the "Park and Ride" area and the bus shelter. Johnson detailed the traffic counts for the benefit of the Commission. He noted that the traffic counts specifically requested by the Township Engineer will be provided as part of the plan submittal. Johnson explained that a walkway will be extended from Peters Road to provide pedestrian access to the site. The Township Engineer expressed concern over vehicular stacking at the Coffee Shop. Johnson stated that additional signage and striping could be provided at this area to reduce stacking at the intersection. The Township Engineer commented that the landscaping along the horizontal curve needs to be addressed to improve sight visibility. Lahn explained that he will meet with the Township Engineer to review the options to address sight visibility along the curve. The Township Manager suggested that the applicant consider accepting a condition restricting further development within the parking area as part of any approval. Lahn stated that he would be agreeable to the condition. The Commission discussed the potential vehicular stacking at length. Lahn explained that a drive-through was approved as part of the "Panera Bread" site and added that the proposal would "relocate" the drive-through to the Coffee Shop. Garrett stated that the applicant submitted a Conditional Use plan that was approved by the Township, and now the applicant is proposing to redesign the original plan. Gazsi explained that the Commission members understand that the proposal this evening is designed for visibility for the proposed shops; however, the proposal changes the nature of the original approved plan. Johnson explained that the plan being proposed would be more aesthetically pleasing than the original plan. He requested clarification of the Commission’s primary concern over the proposed plan. The Township Manager explained that traffic flow at the lower intersection will be increased during the AM peak hours as part of this proposal. Lahn requested how the intersection could be designed to accommodate this proposal. The Township Engineer stated that this intersection is designed on a curve; and expressed the opinion that additional traffic should be directed to the other intersection which is better designed. Johnson stated that, possibly, the drive-through could be redesigned to accommodate the Township’s comments. Lahn stated that he will discuss the issue with Starbucks representatives to determine whether or not they would be agreeable to the proposal. Garrett expressed the opinion that the Board of Supervisors should further address the issue. Kimmel stated that the proposed outdoor seating area should be redesigned by eliminating a stall space to provide a landscape buffer between the seating area and the parking area. Johnson stated that the site could possibly be redesigned to provide a landscape buffer for the outdoor seating area. He added that the plan will be modified to address the concerns stated by the Commission this evening.

The Township Manager articulated that the applicant has agreed to a condition restricting further development within the parking area (other than parking-related improvements), and to consider rerouting the lower access for the drive-through. The Commission discussed the proposal at length.

The Township Manager stated that due to time restrictions, the Conditional Use hearing on the proposal will be heard by the Board of Supervisors on October 1, 2003 and requested the Commission’s input on the proposal. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to delay a recommendation on the plan pending the Board of Supervisors and Township Solicitor’s analysis regarding the creation of another lot as part of the 1997 Conditional Use approval; and contingent upon the applicant addressing the recommendations as discussed this evening.

CONSIDER THE KENNETH KASE FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 9/4/03- CONSIDER THE KENNETH KASE SEWAGE PLANNING MODULE: Kevin Varner, representing Diehm and Sons, stated that the Commission previously reviewed the proposal as a Conditional Use plan. He explained that the site is located on the east side of Brunnerville Road. The tract currently contains approximately 7 acres and the applicant wishes to subdivide an approximate 2 acre parcel to be conveyed to his daughter and son-in-law. Varner explained that both tracts have been perced and probed for on-lot sewage, and the lots would be served by on-site wells. Varner stated that a conservation easement has been proposed on lot 2 to protect the mature vegetation at the rear of the lot. He explained that the lot is located along a state road and a PennDOT permit will be required for the driveway. He explained that the proposal was recently approved by the Lancaster Conservation District. Varner addressed the Township Engineer’s September 17, 2003 comment letter.

The applicant is requesting a Waiver of Section 602.10.C pertaining to roadway improvements. The Ordinance indicates that where a subdivision or land development abuts an existing Township and/or State street, the developer/applicant shall make the required roadway improvements along the frontage of the site. The Township Engineer commented that based on the justification cited by the applicant’s consultant, they can support the Waiver request conditional upon paying a fee in-lieu-of actually constructing the required improvements at this time. On a motion by Garrett, seconded by Slinskey, the Commission voted unanimously to recommend granting a Waiver of Section 602.10.C.

On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of the Final Subdivision Plan. The Commission reviewed the Sewage Planning Module. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of the Sewage Planning Module.

CONSIDER THE ZIMMERMAN/GARMAN SEWAGE PLANNING MODULE: The Commission reviewed the Sewage Planning Module. On a motion by Garrett, seconded by Kimmel, the Commission unanimously approved the Zimmerman/Garman Sewage Planning Module.

CONTINUE REVIEW OF REVISIONS TO THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE: The Township Manager explained that he will delay a comprehensive review of the revisions until more Commission members are present. He outlined recommendations that were provided by other consultants for the benefit of the Commission. He noted that the Lancaster County Planning Commission and Township Solicitor are also reviewing aspects of the recommendations. He stated that the Township Solicitor is reviewing Transferrable Development Rights (TDR) standards. He explained that sinkhole repair would also be included as part of the revisions to the document. The Commission briefly discussed the proposed revisions.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager