Chairman Thomas Zug convened the November 25, 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, Daniel Garrett, and Craig Kimmel. Brian Slinskey was absent. In attendance were Township Manager Daniel Zimmerman, Township Engineer Grant Hummer, Kevin Varner, Daryl Weaver, Mike Skelly, Bob Shreiner, Jesse Roberts, Jere Buchter, Mark Magrecki, Mike Huxta, Jim Hess, Carolyn Hess, Ervin Oberholtzer, and Bryan Rowland.

APPROVAL OF MINUTES: The Planning Commission unanimously approved the minutes of the October 22, 2003 meeting as submitted.

COMMUNICATIONS: The Commission received a copy of the Lititz Planning Commission’s November 4, 2003 meeting minutes.

The Commission received a copy of the Coalition for Smart Growth Policy Paper regarding growth in Lancaster County. The Township Manager explained that the document was accepted at the Lancaster County Convention. The Commission briefly discussed Smart Growth.

CONTINUED REVIEW OF THE DARYL M. WEAVER FINAL LAND DEVELOPMENT PLAN, PREPARED BY FISHER ENGINEERING, DATED 7/25/2003: Brian Rowland, representing Fisher Engineering, provided an overview of the project.

The Applicant is requesting a Waiver of Section 301.3 which states "a preliminary plan is required for all applications which propose new streets, all land development plans... and subdivision plans often or more lots." The Applicant's consultant has requested a Waiver of the requirement that all land developments or subdivisions that include changes in easements, access drives, right-of-ways or storm water management facilities must submit a preliminary plan. This Waiver request is based on the understanding that a preliminary plan would have to be submitted only due to the proposed access drive and proposed additions to Weaver's Garage. The Township Engineer commented that the Applicant indicates that the nature of the proposed additions to an existing building would be minor and the submission of the final subdivision plan would sufficiently address any concerns the Township may have regarding the proposed project, and would include the information required for a preliminary plan. Any action regarding this request to be exempt from the submission of a Preliminary Plan should be based on the Township's discretion. Rowland stated that all of the requirements for Preliminary and Final Plans have been incorporated into the plans. On a motion by Boyce, seconded by Hohman, the Commission voted unanimously to recommend approval of a Waiver of Section 301.3

The Applicant is requesting a Waiver of Section 602.10.C, pertaining to improvement of existing streets and intersections The Applicant's consultant has requested a Waiver of the requirement to provide improvements to existing streets and intersections due to the recent improvements completed along Newport Road, Orchard Road and their intersection by the Township. The Township Engineer commented that regardless of the recent improvements made by the Township and the proposed right-of-way, this still does not release the Applicant/developer from the requirements set forth by the Ordinance. Although the consultant's response letter did not add any particular information regarding this Waiver, the response to their previous comment B.11 (ELA Group letter dated September 12, 2003) offers construction costs related to the required roadway improvements along the frontage of Lot 2. The estimated cost of $5,600.00 may be offered as fee in-lieu-of actually constructing the required improvements. The Township should evaluate the proposal and the fee amount, which has been based on only the frontage for Lot 2. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Waiver of Section 602.10.C.

The Applicant is requesting a Waiver of Section 602.16.B, pertaining to access drives, cartway width. The Applicant's consultant has requested a Waiver of the requirement to provide 24' of width for a two-lane access drive. The Township Engineer commented based on the recommendation of the Township, the Applicant proposed a cartway width of 18'. The Applicant feels that 18' will provide for adequate travel lanes and will also decrease the amount of impervious and impact of the proposed access drive. Considering the previous recommendation of the Planning Commission, they have no objections to granting the Waiver. The Township Manager explained that this issue was previously discussed by the Commission. On a motion by Gazsi, seconded by Garrett, the Commission voted unanimously to recommend approval of a Waiver of Section 602.16.B.

The Applicant is requesting a Waiver of Section 602.16.C, pertaining to access drives, setback width. The Applicant's consultant has requested a Waiver of the requirement that no structure shall be located within 30' from the cartway edge of an access drive. This request is based on the proposed access drive location being within existing constraints. The Township Engineer commented that the proposed location of the cartway edge will be approximately 5' from the existing garage, however the Applicant will provide macadam curbing along the portion of the access drive adjacent to the garage and bollards at the corners to serve as barriers. Except for the use of macadam curb (Ordinance requires vertical concrete curb), this approach appears acceptable. They have no objections to granting the Waiver considering that the Applicant has requested a Waiver of the requirement to provide any curb along the access drive. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Waiver of Section 602.16.C.

The Applicant is requesting a Waiver of Section 602.16.E, 602.11.C, which states "The distance between the centerline of streets intersecting a collector or local street shall be no less than 300' measured along the centerline of the street being intersected." The Applicant's consultant has requested a Waiver of this ordinance base on the location being within existing constraints. The proposed access drive is shown 185' from the Newport Road intersection. The Applicant's intent of the proposed access drive is to help reduce the amount of traffic from Weaver's Garage directly accessing Newport Road. The Township Engineer commented that they recognize the intent of the proposed access drive to reduce the amount of traffic leaving the existing site access drives entering Newport Road. For this reason, they can support the Waiver request due to the constraints involved in the location of the proposed access drive within the site property limits. As a condition of the Waiver, the Township may want to consider restricting left turns from the access drive to avoid conflicts with vehicles turning off Newport Road (from the western approach) onto Orchard Road at elevated speeds. Weaver stated that if he constructs a home on the property in the future, he would be unable to turn left from the access drive if the Commission approves the Waiver as recommended by the Township Engineer. He added that he would also like to use the access drive to test drive vehicles. He noted that customers that live on Orchard Road would also use the access drive. Rowland expressed the opinion that it would be more difficult to turn left onto Newport Road to proceed to Orchard Road. The Commission briefly discussed the issue. The Commission inquired whether or not Weaver would be agreeable to restricting left turns from the access drive by customers. Weaver stated that he would be agreeable to restricting left-turns. On a motion by Garrett, seconded by Hohman, the Commission voted unanimously to recommend approval of a Waiver of Section 602.16.E and 602.11.C (without a restriction against left turns from the access drive).

The Applicant is requesting a Waiver of Section 603.3, which states "curbs shall be provided...along all new parking compounds in land developments." The Applicant's consultant has requested this additional Waiver of the requirement to construct vertical concrete curb along the proposed access drive. The Township Engineer commented that a limited amount of bituminous curb is proposed in select locations along the proposed access drive. In all other areas, the designer’s intent is to allow for the sheet flow of drainage. Our previous concerns regarding the need to control runoff along the edge of the access drive have been addressed. Therefore, they recommend the Township take action on the Waiver at their discretion. On a motion by Hohman, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Waiver of Section 603.3.

Rowland addressed the Township Engineer’s November 19, 2003 comment letter. The Township Manager stated that several easement agreements are required as part of the proposal.

Rowland explained that in accordance with the Township Engineer’s recommendation, he is requesting a Waiver of Section 602.15.E pertaining to the available sight distance at the driveway serving the proposed Lot 4. He explained that the proposal includes a restriction against left turns with the proper sign installation at the end of the driveway.

The Township Engineer stated that he would be agreeable to the Waiver request based on the left turn restriction. On a motion by Boyce, seconded by Gazsi, the Commission voted unanimously to recommend approval of a Waiver of Section 602.15.E with the installation of "No Left Turn" signs.

On a motion by Hohman, seconded by Boyce, the Commission voted unanimously to recommend approval of the Daryl M. Weaver Final Land Development Plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE RUFUS S. MUSSER REVISED FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 9/28/1003: Kevin Varner, representing Diehm & Sons, explained that the site is located on the east side of Picnic Woods Road. The 15,000 square feet from the adjoining 94-acre farm resulting in a 1.205 acre lot. He added that the farm is zoned Agricultural and the smaller lot is zoned R-1. He noted that no construction is proposed as part of the plan. Varner addressed the Township Engineer’s November 14, 2003 comment letter. The Township Manager explained that the proposal would eliminate a 50' wide access to the farm parcel. The Lancaster County Planning Commission commented that the subject property may be subject to the "Clean and Green" Act. Varner stated that they will review the issue to determine how the property might be affected by the "Clean and Green" Act. On a motion by Boyce, seconded by Garrett, the Commission voted unanimously to recommend approval of the Rufus S. Musser Revised Final Subdivision Plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE CARL AND JOYCE SCHNUPP LAND DEVELOPMENT PLAN, PREPARED BY DIEHM & SONS, DATED 10/23/2003: Kevin Varner, representing Diehm & Sons, explained that the property is located on the north side of East Newport Road, east of Rabbit Hill Road. The property contains approximately 5.25 acres of Rural Estate zoned lands. Varner explained that the lot contains a single-family dwelling , a barn, several outbuildings, and greenhouses. The plan proposes a second single-family dwelling on the lot. Varner explained that the home would be used by a family who works with the greenhouses. The existing home and proposed dwelling would be served by on-lot septic systems and on-lot wells. Varner explained that a yield test was performed on the well to confirm that it would be adequate to serve the proposed dwelling and greenhouses. Varner addressed the Township Engineer’s November 14, 2003 comment letter. The Commission inquired whether or not the greenhouse is operated as a business. Varner explained that the greenhouses are used to grow crops (i.e. tobacco).

The Applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan application. The Township Engineer commented that based upon the justification cited by the Applicant’s consultant, they have no objections to granting the Waiver of the Preliminary Plan requirements. It is their opinion that the construction of a second principle dwelling on the existing lot of record can be properly designed and planned for as part of the Final Land Development Plan. On a motion by Kimmel, seconded by Gutshall, the Commission voted unanimously to recommend approval of a Waiver of Section 301.3.

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 requirement improvements at this time. The Township Engineer suggests that the fee be based on the minimum required lot frontage of 150' for the Rural Estate zoning district. Varner explained that they are not proposing submittal of a fee in-lieu-of at this time based on the minor nature of the proposal. The Township Manager explained that the only exception to the fee in-lieu-of granted by the Township in the past 10 years has been for farm properties in the Agricultural zone for family members. On a motion by Garrett, seconded by Hohman, the Commission voted unanimously to recommend approval of a Waiver of Section 602.10.C contingent upon the Applicant paying a fee in-lieu-of actual roadway improvements.

The Township Manager explained that the yield test does not indicate how much water is available for use within the greenhouse and recommended that an analysis be performed. On a motion by Boyce, seconded by Gutshall, the Commission voted unanimously to recommend approval of the Carl and Joyce Schnupp Land Development Plan contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE Waiver REQUESTS FOR THE JAMES AND CAROLYN HESS FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 10/15/2003: Kevin Varner, representing Diehm and Sons, explained that the site contains approximately 8.3 acres of R-1 zoned lands located on the south side of Orchard Road and the west side of Pine Hill Road. The plan proposes subdividing the tract into 9 single-family lots. Seven of the lots would access Orchard Road and two of the lots would access Pine Hill Road. The lots would be served by public water and public sewer.

The Township Manager explained that the Commission previously requested that the Applicant consider a joint driveway to serve Lot 1 and Lot 2 along Pine Hill Road due to the configuration of the roadway at this location. Varner stated that they will review options to address the request.

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. To this end, the Applicant's consultant has submitted an Opinion of Probable Cost to determine the required fee in-lieu-of roadway improvements. The Applicant is requesting consideration of providing a reduced fee in-lieu-of completing the actual construction of required roadway improvements along the frontage of the lots adjacent to Orchard Road and Pine Hill Road. While the entire frontage of the site is required to be improved by the developer, the Applicant is requesting the fee amount be based on the minimum frontage requirements of 100' for each of the proposed lots. This results in a $2,598.09 reduction in what would be the required fee based on the actual frontage. If this approach is determined to be acceptable for this project, the submitted construction cost estimate and reduced fee calculation appears acceptable. Therefore at the discretion of the Township, action should be rendered on the Waiver request. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Waiver of Section 602.10.C contingent upon a joint driveway being provided for the lots along Pine Hill Road.

The Applicant is requesting a Waiver of Section 604.4.C pertaining to lot depth to width ratio. The Ordinance indicates that all lots shall contain an average depth of not more than three times their width. The Township Engineer commented that considering the proposed "character" of the development and the resulting oversized lots (Nos. 1, 2, 3, 4, 6, 7 and 8), the configuration of the lots can not meet the criteria of the Ordinance unless additional lot frontage is provided. In order to adhere to the Township Ordinance requirements it is their opinion that the number of lots may need to be decreased or consideration given to an alternative lot configuration. Although the Applicant's consultant has provided some justification, granting the Waiver allows for the creation of additional lots. Therefore, the Waiver should be acted upon solely at the discretion of the Township. Varner expressed the opinion that based on a calculation measured from the street right-of-way to the closest rear property line, only Lot 2 along Pine Hill Road and Lot 3 along Orchard Road would need a Waiver of the requirement. He noted that he measured from the centerline of the roadway for his initial Waiver request. On a motion by Garrett, seconded by Gazsi, the Commission voted unanimously to recommend approval of a Waiver of Section 604.4.C as requested.

CONSIDER THE ROTHSVILLE FIRE COMPANY FINAL LAND DEVELOPMENT PLAN, PREPARED BY ELA GROUP, INC. DATED 11/04/2003: Mark Magrecki, representing ELA Group, Inc., provided an overview of the project for the benefit of the Commission. He stated that the proposal received zoning approval by the Zoning Hearing Board on July 9, 2003.

The Applicant is requesting a Waiver of Section 301.3 which requires a preliminary plan. The (alternate) Township Engineer (The Arro Group, Inc.) recommends that the Waiver be granted for the reasons stated by the Applicant. In addition, all the preliminary plan items should be addressed on the final plan. On a motion by Hohman, seconded by Boyce, the Commission voted unanimously to recommend approval of a Waiver of Section 301.3.

The Applicant is requesting a Waiver of Section 602.12.A which requires clear sight triangles. (alternate) Township Engineer recommends that the Waiver be granted to allow a clear sight triangle with a distance of 30' for the eastern driveway only because the other sight distance requirements are met. Magrecki explained that the driveway at this location is for egress only. He added that although there are not obstructions on the adjoining property, the Applicant does not have an easement for a clear sight triangle. He noted that a portion of the building also obstructs the clear sight triangle. On a motion by Garrett, seconded by Hohman, the Commission voted unanimously to recommend approval of a Waiver of Section 602.12.A.

The Applicant is requesting a Waiver of Section 602.16.C which requires structures be no closer than 30 feet from access drives. The (alternate) Township Engineer recommends that the Waiver be granted since this is the most practical location for the proposed structure. There are adequate lines of sight available at the comers of the building. Also, there are no vehicular entrances on the side of the building along the access drive. On a motion by Gutshall, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Waiver of Section 602.16.C.

The Applicant is requesting a Waiver of Section 603.3.A which requires curbing along parking lots. The (alternate) Township Engineer recommends that the Waiver be granted to allow limited use of curbs and concrete wheel stops as shown on the plan. They noted that there is adequate separation of parking and the drainage design does not require curbs.

Magrecki detailed the areas where curbing will be provided on the site. On a motion by Garrett, seconded by Gazsi, the Commission voted unanimously to recommend approval of a Waiver of Section 603.3.A.

The Applicant is requesting a Waiver of Section 603.1 .L which requires a buffer planting along parking compounds. The (alternate) Township Engineer recommends that the Waiver be granted since the parking is well removed from the adjacent dwellings and to allow for unobstructed views into the park for safety. On a motion by Hohman, seconded by Garrett, the Commission voted unanimously to recommend approval of a Waiver of Section 603.1.L.

The (alternate) Township Engineer commented that additionally, Waivers have been listed on sheet 1 of 13 for Sections 603.2.A.2, 603.2.A.4 and 609.3. Magrecki explained that he will submit a formal request for additional Waivers at a future Commission meeting.

REVIEW THE 2004 MEETING SCHEDULE: The Commission reviewed the meeting schedule. The Commission members are agreeable to meeting on Wednesday, December 29, 2004 as proposed as part of the 2004 Meeting Schedule.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager provided a copy of a letter sent to Farmington Way Homeowner’s updating them about the "Bio-Retention Area".

The Township Manager explained that the Township received 5 awards as part of the Lancaster County Planning Commission’s "Envision" program.

ADJOURNMENT: With no further business to come before the Commission, the meeting was adjourned at 8:24 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager