Chairman Bruce Bucher convened the October 1, 2003 meeting of the 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, Township Engineer Charles Hess, John Hockley, Mark Johnson, Troy Strunk, Attorney Ken Notturno, Kevin Lahn, John Schick, Tim Diehm, Susan Landes, and Michael Yoder. Laura Knowles of Lancaster Newspapers represented the press.

EXECUTIVE SESSION: The Chairman announced that the Board met in an Executive Session prior to this evening’s meeting to discuss personnel issues.

The Chairman announced the procedure to be followed for this evening’s public hearing. The Township Manager confirmed the posting and advertisement of this evening’s hearing. Township Manager stated that the original conditional use approval for the Shoppes at Kissel Village project authorized the development of two drive-through fast-food restaurants, a shopping center, and a retail store in excess of 50,000 square feet of gross floor area. He explained that the new conditional use application and request for modification relates to a drive-through restaurant to be located in the parking area of the Shopping Center. The plan proposes to eliminate the previously proposed drive-through restaurant on the vacant pad site on the west side of Route 501, and to construct a 5,300 square feet restaurant and a 6,000 square feet building in the existing parking lot which would house a 1,500 square feet coffee shop (with drive-through window), a 1,500 square feet ice cream shop, and 3,000 square feet of retail space. Also, the plan proposes to construct an additional 2,400 square feet retail area behind the existing book store in the large retail shopping center building. The Township Manager explained that the Warwick Township Planning Commission reviewed the proposal at their September 24, 2003 meeting.

Attorney Ken Notturno stated that he represented the developer during the original conditional use hearing in 1997. He explained that, to date, the developer has not constructed the total square footage that was approved with the original conditional use application. He noted that the proposal this evening does not propose any additions to the original approval.

Mark Johnson and Troy Strunk representing RGS Associates; John Schick representing Rettew Associates; and Kevin Lahn representing Warwick Devco, were sworn in.

Attorney Ken Notturno stated that the applicant’s exhibits have been pre-marked and explained that RGS Associates’ exhibits have been marked as Exhibit 1 through Exhibit 6, and Rettew Associates’ exhibits have been marked as Exhibit 7 through Exhibit 9.

Mark Johnson, representing RGS Associates, outlined the existing layout of the site for the benefit of the Board. He testified that a large anchor store was originally proposed at the southern end of the large shopping center building; however, the anchor store would not be constructed, only a 2,500 square feet retail store. 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 feet building. He explained that the original plan authorized a 128,960 square feet Shopping Center, and the proposal this evening would result in a total of only 124,956 square feet.

Attorney Notturno clarified that all of the structures within the Shopping Center complex are leased, and remain under the same management company (R.J. Waters & Associates). Johnson detailed the architecture for the proposed structures and explained that each building would have a brick facade and signage in accordance with the existing Shopping Center buildings.

Johnson stated that the Planning Commission had expressed concern over vehicle stacking at the 6,000 square feet building. He stated that this area of the proposal has been redesigned to provide for 5-vehicle stacking around the drive-through, and directing motorists to exit at the area across from the "McDonald’s" restaurant. He noted that the proposal would use the existing entrance to the parking area.

The Township Manager stated that the Planning Commission was concerned over vehicle movement along Peters Road. He explained that the existing intersection at "CVS" and "McDonald’s" is heavily used by motorists, and the original proposal for the 6,000 square feet building adversely impacted this intersection. He noted that the existing traffic counts are significantly less for the shopping center than originally projected; however, traffic counts at this point may be higher than anticipated. He added that the Commission was also concerned about traffic back-ups to Peters Road from this access point into the parking area. Johnson explained that the Commission recommended that motorists be directed to a right-turn only when exiting the "Starbucks" drive-through in order to mitigate traffic impacts to the entrance this area. He stated that at this time, they are proposing to retain the existing traffic design and review the issue one year after the shop is open for business. He added that they are currently negotiating this option with "Starbucks" representatives. Attorney Notturno explained that, psychologically, motorists want to continue the counter-clockwise drive-through traffic pattern. In addition, a right-turn lane would require motorists who wish to access Route 501 to drive farther from the roadway. Attorney Notturno explained that the applicant would consider a condition that the Township Engineer review the traffic pattern one year after the shop is opened; if the traffic movement is a problem and the Board wants a right-turn only for safety reasons, the applicant would provide the right-turn only.

John Schick, representing Rettew Associates, explained that he is present to discuss traffic generation for the site. He explained that representatives of his firm went to the site to perform actual traffic counts from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. at the "McDonalds" driveway (access drive B), the driveway closest to the shopping center (access drive C) and the right-in/right-out north of the "Wachovia" Bank. He provided a comparison of the traffic actually generated by the Shopping Center, and the traffic counts that were proposed as part of the original application. He detailed that traffic analysis for the benefit of the Board. Schick explained that he specifically reviewed traffic patterns at the first entrance from Peters Road (coming from Route 501), and determined that the traffic patterns are not adequately marked for motorists. He stated that the proposal this evening recommends providing additional pavement markings (with arrows) along the length of Peters Road to the entrance, and to modify the striping to clarify traffic lanes. In addition, signage would be installed to provide lane use control. The Township Engineer stated that they concur with the additional roadway markings and striping that are being proposed this evening. Vigunas expressed concern over the intersection farther west along Peters Road. He explained that a motorist headed east on Peters Road to turn into the shopping center would need to allow any motorist that wants to turn on to Peters Road at this intersection to proceed since they are usually within the traffic lane due to the shape of the access. He added that increasing volume at this intersection could worsen this problem. The Township Engineer explained that vegetation might be blocking the view of motorists at this intersection. Vigunas expressed the opinion that the angle of the intersection also creates visual problems. Lahn explained that the traffic patterns creating problems should be identified now so that they can be corrected in the near future. Strunk stated that he performed recent on-site inspections taking pictures at various times during the day to review the traffic patterns at the site. He explained that he took photographs of the area on Monday at 12:15 p.m., on Tuesday at 7:45 a.m. and Tuesday at 5:30 p.m. at access drive B and parking area in front of the Chinese Restaurant and the Italian Restaurant. The photographs illustrate that the parking area where the proposed 6,000 square feet building would be located is not used during these times. He also provided photographs of similar layouts at other locations operated by R.J. Waters and Associates. Johnson explained that, as proposed, the site would still provide parking spaces as required by the Ordinance; in addition, the photographs illustrate that there is a large area where the parking lot is not used.

Johnson addressed the Township Engineer’s September 17, 2003 comment letter. Johnson explained that an exterior seating area is proposed at the 6,000 square feet building. He explained that this area is approximately 11' wide and would be enclosed by a wrought iron fence and bumper blocks. The Township Engineer inquired what type of use is proposed for the 2,400 square fee retail space, since a user that would require a significant parking requirement could adversely impact the park and ride spaces. Johnson explained that the ordinance requires 5.5 parking spaces per 1,000 square feet of space; therefore, 14 parking spaces would be needed for this area in accordance with the Ordinance. He added that since 34 parking spaces are currently provided at the park and ride facility, this would still provide 20 spaces available for the park and ride facility. Johnson explained that signage will be provided in accordance with the existing signage requirements for the Shopping Center. The Township Manager stated that one of the issues expressed by the Planning Commission refers to Section 308 of the Ordinance pertaining to erection of more than one principal use on a lot.

Attorney Notturno stated that Shopping Centers by nature have multiple uses on one parcel. He added that the applicant is agreeable to placing a note on the plan indicating that the lots can not be subdivided and that the entire property must be maintained under common ownership. The Township Manager explained that the Township denied Giant’s application for a gasoline island at the Shopping Center. Vigunas inquired what is the difference between this proposal and Giant’s proposal. Attorney Notturno explained that the applicant had prior authorization to construct additional square footage as part of the Shopping Center. He added that the use is different also and explained that this proposal simply takes square footage from one area of the Shopping Center and moves it to a different location on the Shopping Center site. The use proposed by Giant was not provided for within the original approval of the Shopping Center, and would have fallen under separate ownership from the Shopping Center. In addition, the gas pumps would have required zoning approval for a Special Exception.

On a motion by Myers, seconded by McSparran, the Board voted unanimously to continue the public hearing to their November 5, 2003 meeting.

SUSAN LANDES - INTERVIEW ON THE WARWICK REGIONAL RECREATION STUDY: Landes explained that Warwick Township, Lititz Borough and Elizabeth Township are undertaking a Warwick Regional Recreation Study. She provided a copy of her Scope of Work for the project and a copy of a recreation and parks handbook that she recently rewrote for the PA Department of Natural Resources. She briefly described the purpose of the study. She noted that the study was one of the top recommendations within the Regional Comprehensive, Park, Recreation and Open Space Plan. She explained that the parties are participating in the formation of a Regional Recreation Commission to serve all of the municipalities. She noted that representation on the Commission would be based on the population of each municipality and detailed the benefits of a regional recreation commission. Landes submitted a list of questions pertaining to the Regional Recreation Study for the Board of Supervisors to review and answer . She explained that the Lititz Community Center currently serves as a regional facility and the Board should consider whether or not the facility could serve as a formal regional facility to coordinate events. The Board briefly discussed the issue.

COMMUNICATIONS: The Board received a copy of the September 2003 edition of the PSATS News Bulletin.

The Board received a letter of appreciation for their recent donation to the Lititz Public Library.

The Township Manager explained that the Economic Development Committee completed the market study, and a joint meeting (Lititz Borough Council, Lititz Planning Commission, Warwick Township Board of Supervisors, Warwick Township Planning Commission) is tentatively scheduled for October 22, 2003 at 5:30p.m. to review the results of the study.

CONSIDER THE REQUEST BY THE ZIMMERMAN/GARMAN TRACT FOR A 90-DAY TIME EXTENSION: The Board reviewed the request. On a motion by Myers, seconded by McSparran, the Board unanimously approved a 90-day extension of time for the Zimmerman/Garman tract.

CONSIDER THE SEWER MODULE FOR THE ZIMMERMAN/GARMAN TRACT: The Board reviewed the sewer module submittal. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Zimmerman/Garman Sewer Module.

CONSIDER THE SEWER MODULE FOR THE KENNETH KASE ONE-LOT SUBDIVISION: The Board reviewed the sewer module submittal. On a motion by Myers, seconded by Vigunas, the Board unanimously approved the Kenneth Kase Sewer Module.

CONSIDER THE DIEHM & SONS, INC. STORMWATER PLAN AND REQUEST FOR WAIVER OF LAND DEVELOPMENT PLAN SUBMITTAL PREPARED BY DIEHM & SONS DATED 6/20/2003: Tim Diehm, 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 feet 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.). Diehm stated that, at this time, no additional employees are anticipated; however, the expansion would provide for additional employees in the future. The plan proposes nine parking spaces to the rear of the building, and would eliminate two existing parking spaces. Diehm noted that the existing parking on the site meets the Ordinance requirements. He explained that the business currently employs 11 individuals, and the expansion could accommodate an additional 9 employees in the future, if needed.

Diehm explained that stormwater would be addressed via an inlet that 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. Diehm 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.

On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 301 as requested. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Diehm & Sons, Inc. Stormwater Management Plan.

DISCUSSION ON THE DAVID DRUMMOND THREE-LOT SUBDIVISION PROJECT: The Township Manager explained that the plan was approved in 1999 and, to date, the stone sub-base has been installed and stormwater management facilities have been constructed. He stated that although the applicant did not request a reduction in the Letter of Credit, the Township Engineer performed an on-site inspection to review the construction activity that has been completed. Based on this on-site inspection, the Township Engineer recommends a release of $14,215.17 of the Letter of Credit. The retainage represents their opinion of the costs to complete the remaining outstanding items. The Township Manager noted that the Township may have to use these funds to complete the project on behalf of the developer. Myers expressed the opinion that an additional $5,000.00 be held in order to ensure the project can be completed as approved. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to release $9,215.17 of the Letter of Credit for the David Drummond three-lot subdivision project and to retain $20,000.00 for the remaining outstanding improvements.

CONSIDER THE TIME EXTENSION REQUEST FOR SNAVELY MILL FOR COMPLETION OF IMPROVEMENTS: The Board reviewed the request. On a motion by Moyer, seconded by McSparran, the Board unanimously approved a 90-day extension of time for the Snavely Mill project.

CONSIDER THE TIME EXTENSION REQUEST FOR VERSATEK TO RECORD THEIR LAND DEVELOPMENT PLAN: The Board reviewed the request. On a motion by Vigunas, seconded by Myers, the Board unanimously approved a 90-day extension of time for Versatek to record their Land Development Plan.

CONSIDER RESOLUTION #10-01-03-01 AUTHORIZING ACQUISITION OF A 2.14 ACRE TRACT TO BE ADDED TO THE FORNEY FIELD TRACT: The Board reviewed the resolution. The Township Manager explained that land is being dedicated by the developer of Warwick Farms. He noted that the dedication is in excess of what the Ordinance requires for their project. He added that the additional acreage increases the size of the Forney Field property to a total of 17 acres. On a motion by Moyer, seconded by Vigunas, the Board unanimously adopted Resolution #10-01-03-01.

DISCUSSION ON REPLACEMENT OF THE ADMINISTRATOR FOR THE WARWICK EMERGENCY SERVICES ALLIANCE (WESA): The Township Manager explained that the Township’s Emergency Management Coordinator (EMC) is acting as interim Administrator of WESA until an individual is appointed to fill the position permanently. He stated that the EMC is not interested in serving in the position permanently. The Board briefly discussed the issue. The Board authorized advertisement for the position of WESA Administrator

STATUS REPORT ON THE CABLE AGREEMENT NEGOTIATIONS: The Township Manager explained that the next negotiating meeting is scheduled for Thursday, October 23, 2003 beginning at 1:00 p.m. He stated that they hope to have a final draft by the end of the meeting.

AUTHORIZE ADVERTISEMENT FOR THE PURCHASE OF A LOADER FOR THE PUBLIC WORKS DEPARTMENT: The Roadmaster provided a memorandum to the Board supporting the request. The Board reviewed the information. On a motion by Vigunas, seconded by McSparran, the Board unanimously authorized the advertisement for the purchase of a Loader for the Public Works Department.

REVIEW REQUEST FOR AN EXTENSION OF TIME FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT WYNFIELD DRIVE AND SR 501 FROM C.M. HIGH: The Board reviewed the request. On a motion by Moyer, seconded by McSparran, the Board unanimously approved an extension of time for the installation of a traffic signal at Wynfield Drive and SR 501.

DISCUSS IRS REQUIRED MODIFICATIONS TO THE POLICE PENSION PLAN AND AUTHORIZE ADVERTISEMENT FOR ADOPTION: The Board reviewed the information. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to authorize advertisement for adoption of the IRS required modifications to the Police Pension Plan.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:57 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager