Chairman Bruce Bucher convened the November 5, 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, Shawn M. Long, Alan E. Love, John Schick, Troy Strunk, Mark Johnson, Attorney Ken Notturno, Wayne Siegrist, Adrienne Zimmerman, Gail Longenecker, Tony Zimmerman, Kevin Sapp, Matt Yoder, Tony Chivinski, and Kenneth Kase. Laura Knowles of Lancaster Newspapers represented the press.

GUEST RECOGNITION: Shawn M. Long, 223 West Newport Road, stated that although he is attending this evening’s as part of his enrollment in "Leadership Lancaster", he has a specific concern regarding the intersection of West Newport Road and Lexington Road. He stated that this intersection is scheduled for a widening project and requested that a four-way stop be established due to the number of accidents at this intersection. He added that portions of the intersection are within three different municipalities (Warwick Township, Penn Township, and Elizabeth Township). The Township Manager explained that the intersection is scheduled for improvements in 2004 and added that Penn Township obtained a grant to fund the improvements. He explained that a traffic study was performed and submitted to the State to determine whether or not the intersection meets the threshold for a four-way stop. He stated that PennDOT will make the final determination on the four-way stop and added that Warwick Township will also participate in the intersection improvement. He advised Long to contact him at the Township Office and he will provide a status report on the issue.

Wayne Siegrist, 339 Pierson Road, stated that, as an alternative to burning leaves, individuals may drop-off leaves at his farm along Kissel Hill Road. He added that the Township has another leaf drop-off location at 855 Ballstown Road. He added that he is personally against leaf burning. The Township Manager commended Siegrist for providing a leaf recycling location.

The Chairman announced that the Board met in a public meeting (which was advertised) prior to this regularly scheduled meeting to review and discuss Warwick Township’s 2004 Fiscal Budget.

The Chairman explained that the Public Hearing commenced at the Board’s October 1, 2003 meeting. He outlined the procedures to be followed for this evening’s continued public hearing and reconvened the public hearing. Attorney Ken Notturno, representing Warwick Devco, explained that the traffic improvements that were discussed at last month’s meeting (identified on Applicant’s Exhibit 9) have been completed. For the benefit of the audience, Attorney Notturno provided a summary of the request being considered this evening. He stated that, legally, the use of the property is a shopping center, which is a defined use under the Zoning Ordinance. As such, individual uses within the shopping center do not necessarily have to comply with separate setback provisions. He explained that the three outparcels along Lititz Pike were intended to be developed as ground leases; however, the Panera Bread site could be a ground lease or a straight lease. He noted that the exterior would be maintained by Warwick Devco and the site would not be a separate parcel. He explained that the building proposed within the parking lot would be a straight-lease which would be built and owned by Warwick Devco with no options to purchase. He stated that the developer is agreeable to a condition stipulating that no further construction of any structure or building will be permitted within the parking lot. In addition, no uses other than parking (or seasonal uses permitted under the Zoning Ordinance) will be permitted within the parking lot. Attorney Notturno stated that, at the Board’s request, the Applicant is submitting a plan (identified as Applicant’s Exhibit 12) which shows that the 6,000 square foot building site could comply with the provisions of the Ordinance relating to a separate parcel, with the exception of the buffer planting.

Attorney Notturno noted that based on this information, this proposal substantially differs from the proposal previously presented and requested by Giant for a gas pump island (which the Board denied).

Mark Johnson, representing RGS Associates, submitted a revised plan (Applicant’s Exhibit 10) that addresses the concerns expressed by the Planning Commission. He provided an overview of the proposal that was presented at last month’s meeting. He explained that the plan originally proposed to provide access to the 6,000 square foot building via the first access from Peters Road. The plan this evening proposes to relocate this access 63' to the area across from the "McDonald’s" access. In addition, the drive-through has been redesigned to provide an option for motorists to use the access at the main shopping center building to leave the site. Johnson explained that the seating area in front of the "Starbucks Coffee" and "Cold Stone Creamery" has been enclosed to meet the Ordinance. He noted that the enclosure provides some openings for patrons to access the stores. In addition, curb stops have been provided in front of the enclosure. The Township Manager stated that the Applicant previously offered to provide financial security to review the traffic patterns at the drive-through one-year after its construction and, if applicable, provide modifications as agreed upon by Township staff and the Applicant. Attorney Notturno explained that the Applicant is agreeable to providing an 18-month Letter of Credit from the time the building permit is issued to address this issue.

Johnson addressed the Township Engineer’s October 15, 2003 comment letter (marked as Applicant’s Exhibit 14). The Township Manager explained that the Planning Commission provided a favorable review of the proposal. Attorney Notturno explained that the specific conditions agreed to by the applicant regarding the proposal include the contingency of the Panera Bread site as either a ground lease or built to suit; that the 6,000 square foot building constructed in the parking lot will be owned by Warwick Devco (although the exterior would be maintained by Warwick Devco, the condition does not prohibit using the exterior for a seating area), that no further building or structures would be permitted within the parking lot, and that the remainder of the parking lot as shown will be used exclusively for parking (with the exception of seasonal uses permitted by Section 312 of the Zoning Ordinance). He noted that the Board may include additional conditions as needed. The Township Manager explained that the Applicant submitted architectural renderings that were compatible with the Shopping Center, and inquired whether the Applicant would adhere to the rendering for the Panera Bread, the 6,000 square foot building, and the shopping center building expansion. Attorney Notturno responded in the affirmative. He added that the applicant will also adhere to the shopping center sign standards.

The Chairman inquired if anyone present wishes to comment on the case.

Matt Yoder, 550 East Brubaker Valley Road, stated that there are small businesses in Lititz that offer coffee and sandwiches at a reasonable price. In addition, there is a Panera Bread location within 15 minutes of Lititz. He expressed the opinion that the proposal this evening will ruin the small businesses in downtown Lititz. The Chairman stated that it is not the government’s responsibility to determine competition with respect to the uses within the shopping center. He explained that the applicant is required to meet the guidelines of the Township’s Ordinances.

On a motion by Moyer, seconded by McSparran, the Board voted unanimously to close the public hearing on the Conditional Use application and directed the Township Manager to enter all of the items presented during the hearing into the public record for the hearing.

COMMUNICATIONS: The Board received an invitation to attend the annual Public Officials Breakfast Meeting from the Lancaster County Solid Waste Management Authority. The meeting will be held on Friday, November 7, 2003 at the Eden Resort Inn and Conference Center beginning at 7:30 a.m.

CONSIDER THE 60-DAY TIME EXTENSION REQUEST FOR WARWICK FARMS: The Board reviewed the request. On a motion by Myers, seconded by McSparran, the Board unanimously approved a 60-day time extension for Warwick Farms.

CONSIDER SECURING LETTER OF CREDIT FOR COMPLETING THE IMPROVEMENTS AT RABBIT HILL ESTATES: The Township Manager explained that the November, 2003 deadline for replacing the retainer wall at Rabbit Hill Estates has passed. He stated that Township staff met with the developer to discuss the issue. He added that the developer was advised that the Township is prepared to secure the Letter of Credit and proceed to make arrangements with another contractor to remove the block wall and construct a rock wall. He stated that due to the schedule of most contractors, the work would not be completed until Spring, 2004. He added that the developer will be given the opportunity to complete the work himself with the approval of the Township Engineer. The Board briefly discussed the issue. On a motion by Moyer, seconded by Myers, the Board voted unanimously to require the developer to either build the wall or make appropriate arrangements with the Township by December 31, 2003, or the Township will secure the Letter of Credit after this date.

CONSIDER THE KENNETH KASE FINAL ONE-LOT SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 9/4/03: Kevin Sapp, representing Diehm and Sons, explained that the site is located on the east side of Brunnerville Road. He noted that the Board granted Conditional Use approval for the proposal at their September 3, 2003 meeting. 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. The Township Manager explained that the applicant received a grading permit from PennDOT and stated that they require the grading to be completed prior to granting a driveway permit.

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 Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 602.10.C, contingent upon the applicant paying a fee in-lieu-of constructing the required improvements in the amount of $1,000.12. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Kenneth Kase Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of the Letter of Credit and escrow amount, and upon PennDOT issuing a driveway permit prior to issuance of the building permit.

CONSIDER THE KELLER REAL ESTATE ASSOCIATES ONE-LOT 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 54 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 representatives, 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. Love explained that the improvements with Warwick Township are considered temporary, and added that the improvements within Lititz Borough will be offered for dedication.

The applicant is requesting a Waiver of Section 301.3 and Section 301.4 pertaining to Preliminary Plan and Final Plan processing. The Township Engineer commented that since the majority of the improvements associated with the 54-lot subdivision are located within Lititz Borough, it would appear that the Township could defer the review and approval process to the Borough. The Board briefly discussed the proposal. The Township Manager recommended that the Board consider allowing the Letter of Credit and inspections to be under the control of Lititz Borough since 98% of the project is within their jurisdiction. On a motion by Moyer, seconded by Vigunas, the Board voted unanimously to approve a Waiver of Section 301.3 and Section 301.4.

On a motion by Moyer, seconded by Myers, the Board voted unanimously to approve the plan for lot 2 contingent upon execution of the Ownership/Offer of Dedication Certificate, upon the Letter of Credit and inspection fees being submitted to Lititz Borough, upon approval of the plan by Lititz Borough, and upon restrictions placed on lot 2 relating to access and improvements being recorded as part of the overall subdivision plan.

CONSIDER AUTHORIZING ADVERTISEMENT OF THE DRAFT OF THE 2004 FISCAL BUDGET: The Chairman stated that the Board held a public hearing to review the draft of the 2004 Fiscal Budget. The Township Manager explained that the General Fund fiscal budget amount is $3,382,318.00. He added that the budget will maintain the current millage rate and noted that the budget will be available for review by the general public. He provided a brief overview of the Township’s budget for the benefit of those present. On a motion by McSparran, seconded by Myers, the Board voted unanimously to authorize advertisement of the draft of the 2004 Fiscal Budget.

DISCUSSION ON THE MARKET ANALYSIS STUDY: The Board received a copy of the Market Study Survey Results for their review and information. The Township Manager explained that the Market Analysis Study was a recommendation of the Lititz/Warwick Joint Strategic Plan. He provided an outline of the Market Study Survey Results for the benefit of those present.

Vigunas expressed the opinion that the Market Analysis Study does not adequately address parking and traffic concerns within downtown Lititz. He stated that prior to creating additional attractions downtown, these issues should be addressed. The Township Manager explained that the consultant on the project recommended that a separate parking and traffic analysis be performed by a certified firm. The Board discussed the study at length.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that Warwick Township, in partnership with Lititz Borough, Elizabeth Township and the Warwick School District, was awarded a smart growth award by the Lancaster County Planning Commission (Envision). In addition, three initiatives received Honorable Mention awards. The award ceremony will be held on November 19, 2003 from 5:00 p.m. to 7:00 p.m. at Franklin & Marshall College.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager