Acting Chairman Gary Lefever convened the January 9, 2008 meeting of the Warwick Township Zoning Hearing Board at 6:30 p.m. Present were Board Members Gary Lefever, Scott Goldman, Dane St. Clair, Mark Will and Kenneth Kauffman. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Solicitor Neil Albert, Attorney Caroline Hoffer, Alexander Piehl, Mark Johnson, Galen Hoover, Darren Hoover, Jeremy Hoover, Andy Weaver, Merlin Ginder, Joe Waters, Kevin Lahn, and Nancy Mizerak.

MINUTES APPROVAL: The Board voted unanimously to approve the minutes of the December 12, 2007 meeting as submitted.

ELECTION OF OFFICERS FOR 2008: The Acting Chairman opened the nominations for Chairman and Vice-Chairman of the Zoning Hearing Board. On a motion by St. Clair, seconded by Goldman, the Board voted unanimously to close the nominations and re-elected Gary Lefever as Chairman of the Zoning Hearing Board. Lefever abstained from action on the motion. On a motion by Kauffman, seconded by Will, the Board voted unanimously to close the nominations and re-elected Scott Goldman as Vice-chairman of the Zoning Hearing Board. Goldman abstained from action on the motion.

Chairman Gary Lefever conducted the remainder of the Zoning Hearing Board meeting.

HEARING PROCEDURES: For the benefit of those present, the Zoning Hearing Solicitor explained the procedure to be followed for the evening's hearings.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Zoning Officer confirmed the posting, notice and proof of publication of the cases to be heard at this evening's hearing.

CASE #708, GALEN & ROSENE HOOVER - SPECIAL EXCEPTION: The Chairman read the zoning notice for the application from Galen & Rosene Hoover, 1026 Union House Road, Lititz, PA. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-14.C.(2) Noncommercial Keeping of Livestock in a R-1 Zone. The applicant would like to keep five (5) head of livestock on 8 acres.

Galen Hoover was sworn in. Hoover stated that he owns 8 acres of land along Union House Road. He stated that he wishes to construct a pole barn on the property to house livestock, as well as for storage. The Zoning Officer outlined the guidelines for Noncommercial Keeping of Livestock in the R-1 zone. He added that the property was part of the Risser Poultry farm and noted that the remaining Risser Poultry property adjoins the site. He explained that the Ordinance requires a 75' setback for structures used to house animals; however, the applicant is only proposing a 60' setback for the structure. The Zoning Hearing Solicitor explained that the zoning notice did not include a Variance request, and the Board could consider the request as an unadvertised Variance request; however, it would not directly follow due process procedures. St. Clair stated that only one property owner would be affected by the proposal and inquired whether they are aware of the issue. Hoover testified that he advised them that he was constructing a building; however, he did not discuss the issue recently. The Zoning Officer explained that they would have received a copy of the zoning notice in the mail. The Zoning Hearing Solicitor explained that the proper procedure would be to either have the structure meet the setback requirement, or to advertise the Variance request for consideration at next month’s meeting. Hoover clarified that the portion of the structure that would house the animals would be 75' from the property line, and noted that he was unaware that the entire structure must meet the setback requirement. Hoover testified that he will meet the 75' setback with the structure, and added that he intends to keep beef cattle on the property, which are designated as "Group 3" animals since they are greater than 65 pounds. He explained that he intends to use the existing fencing on the property to prevent the escape of the animals. On a motion by Lefever, seconded by St. Clair, the Board voted unanimously to grant a Special Exception under Section 340-14.C.(2), to keep 5 head of the livestock on the 8-acre property.

CASE #709, WARWICK DEVCO - VARIANCE: The Chairman read the zoning notice for the application from Warwick Devco, LP, 402 Bayard Road, Suite 200, Kennett Square, PA 19348. The applicant is the equitable owner of the property located on the north side of the Shoppes at Kissel Village, 988B Lititz Pike, between Highlands Drive and Lititz Pike, owned by Buckhill Farm, 1002 Lititz Pike, Lititz, PA 17543. The applicant would like to construct a Target Store as an addition to the shopping center and a free standing restaurant pad in the Community Commercial Zone. The applicant is seeking Variances to the Warwick Township Zoning Ordinance under the following Sections 340-95.D.(5) to reduce the front yard setback to 110' for the free standing pad site; 340-38.B.(1).(k) to allow two wall signs to exceed 4.5'; 340-38.B.(1) to allow two 40 sq. ft. ground signs on Lititz Pike & Highlands Drive; and 340-120.K.(1) to allow an additional six (6) month extension to start the project and eighteen (18) months from final land development to complete the project.

Mark Johnson, Alexander Piehl, Joe Waters, and Kevin Lahn were sworn in. For the benefit of those present, the Zoning Officer explained that this zoning hearing does not address the use of the site for a proposed Target store, it only addresses proposed signage for the site. He explained that the use of the site will be addressed at a future Conditional Use hearing by the Board of Supervisors. Attorney Caroline Hoffer explained that Mark Johnson and Alexander Piehl represent RGS Associates, and Joe Waters and Kevin Lahn represent Warwick Devco. She explained that Warwick Devco is the equitable owner of the 14.466 acre tract on the north side of the Shoppes at Kissel Village. She stated that the site was recently rezoned from Campus Industrial to Community Commercial to provide for the expansion of the Shoppes at Kissel Village. She provided a background on the Conditional Use process for the benefit of those present and noted that these issues will be addressed by the Board of Supervisors and not the Zoning Hearing Board. Attorney Hoffer requested that the applicant’s zoning variance application and supporting documentation be submitted into the record as Applicant’s Exhibit 1.

Mark Johnson, representing RGS Associates, entered copies of the site plan and the sign drawings into the record as Applicant’s Exhibit 2. He explained that RGS Associates prepared the overall site plan for the shopping center. He stated that the plans illustrate the proposed Target store as well as a proposed restaurant. He noted that although the plan illustrates a 5,000 square foot restaurant, the building could be larger but not exceeding 6,500 square feet. He provided a background on the project for the benefit of those present. He explained that the plan proposes to extend the commercial use of the shopping center, including the existing buildings, associated drives and parking areas to accommodate a Target store. He stated that the existing pad sites that are part of the shopping center meet the 100' setback that was required when they were established. Subsequently, the setback was increased to 200' after these pad sites were developed. Johnson added that the pad sites would be in the middle of the parking area if the 200' setback is met, and the area along SR 501 would be unusable. Johnson explained that the proposal would provide a minimum setback of not less than 110'. Lahn noted that the front yard would be landscaped similar to the existing pad sites within the shopping center. Johnson stated that the expanded shopping center area would also be under the management of R.J. Waters & Associates. Johnson explained that the structure would be 500' from the closest building on the adjoining property (Blevins). He noted that the applicant has been in discussions with the Blevins, and they are agreeable to the current proposal. Lahn stated that the Township held a planning charette and the participants expressed an interest in having a sit-down restaurant within the shopping center.

Johnson explained that the Applicant is requesting a Variance for two of the proposed signs for access points to the shopping center that do not currently have a sign identifying these entrances. The access point north of the signalized intersection at Peters Road and SR 501 is currently a right-in/right-out; however, it is proposed to modify the access to provide a left-turn into the Giant/Target parking area (exit would be right-out only). The Applicant would like to provide a 40 square foot ground sign at this entrance. In addition, a 40 square foot ground sign is requested along Highlands Drive, although this would be located off of the shopping center property, since there is no existing signage currently located along the roadway. Johnson explained that the sign would be constructed within the access drive easement on Highlands Drive.

Johnson stated that the proposed signs for the front of the building facing SR 501 include the words "Target" and "Pharmacy" as well as the Target bulls-eye logo. He explained that the signs would not exceed the 150 square feet size provided in the Ordinance; however the sign ordinance limits the height of a sign. He noted that the sign ordinance reflects the standard linear sign; however, the Target logo is a circle. He added that the circle is taller than 4.5 feet but complies with the width, and together with the other signs proposed, meets the size requirements for signs. He testified that the total square footage for the signs along the front elevation as proposed is 141.8 square feet, and along the back of the building, the total square footage is 113 square feet. Johnson explained that the proposed Target is 700' from SR 501, and 350' from Highlands Drive. He noted the taller sign is needed in order to be seen from these roadways. He explained that the proposed "Target" channel letters are 2' 4" high, and the proposed "Pharmacy" letters are 2' high.

The Zoning Officer inquired whether the proposed 110' setback is measured from the existing right-of-way, or from the proposed right-of-way. Johnson clarified that it is measured from the proposed right-of-way.

Johnson provided a background on the existing ground signs located at the shopping center. He explained that a planned center pylon sign is located along Peters Road at the entrance to the shopping center and stated that a smaller scale pylon sign (5'x8') is proposed for Target and Giant Food that would be located at the northern entrance along SR 501. Lahn explained that this would be the primary entrance for both Target and Giant Food. Johnson expressed the opinion that the requested signage is the minimum needed to accommodate the proposed shopping center expansion project.

Johnson explained that the Variance for the extension of time is requested to allow 18 months to obtain permits in order to provide sufficient time to obtain conditional use approval and land development approval, and a period of 18 months from final land development approval to complete construction.

The Zoning Officer inquired what it is the typical signage requirements for Target. Lahn testified that typical Target signs are 14' high, and representatives were agreeable to reducing the size to more closely match what is permitted under the Zoning Ordinance. The Zoning Officer explained that the Planning Commission reviewed the proposed signage request and is agreeable to the proposal contingent upon the design of the signs being consistent with existing signage within the shopping center.

The Board inquired whether the proposed restaurant would also have signage. Johnson testified that signage would be provided; however, it would meet the guidelines of the Ordinance. He noted that a small ground sign and wall sign would be provided in accordance with the other outparcels within the shopping center.

The Zoning Officer explained that the proposed northern entrance would be permitted a small directional sign (4 square feet); however, the applicant is requesting a pylon sign at this location. He added that although the Applicant has proposed this location as a left-turn entrance; a formal land development plan has not been reviewed. Attorney Hoffer explained that since the entrance currently operates as a right-in/right-out, signage is requested to advise motorists traveling south on SR 501 of this entrance point. Will expressed the opinion that the northern entrance sign is not necessarily warranted, since this entrance does not have signage currently. He explained that motorists traveling to the shopping center for the first time will use the signalized entrance, and this northern entrance will be a "learned" entrance. He added that due to the other signage along SR 501, this new sign would not be the focus of motorists. Johnson stated that the shopping center has 1,400 feet of frontage along SR 501 and only allowing one sign per frontage is restrictive, especially since another access point is provided along SR 501. Attorney Hoffer stated that if the Target were a stand-alone store, they would be permitted an 80 square foot ground sign. She added that the Applicant wishes to incorporate the Target into the overall design of the shopping center. Goldman stated that if the Target were proposed as a stand-alone store, there would be other issues that would need to be addressed as well. The Chairman inquired whether an approval of the pylon sign could be contingent upon the northern access being approved for left-turn access. The Zoning Officer stated that the Applicant has indicated that the pylon sign would act as a directional sign. He added that the Zoning Hearing Board could place such a condition on any approval. He noted that the Ordinance does not specify what language is provided on a directional sign (i.e., Target logo). The Zoning Officer explained that the Ordinance would provide for an 80 square foot sign along West Woods Drive; however, the Applicant would prefer the signage along SR 501. He explained that the Planning Commission requested signage along the Highlands Drive entrance to the shopping center.

The Chairman inquired whether anyone present wishes to comment on the proposal.

Nancy Mizerak, 180 West Woods Drive, was sworn in. Mizerak stated that she has been opposed to the project along. She added that she is opposed to any allowance that would encourage use of the proposed northern entrance because the safety of the left-turn lane has not been determined.

Attorney Hoffer explained that the Applicant was not specific in identifying what sub-section of the sign ordinance the Variance is being requested. The Board could either determine it as a request for an additional ground sign, or as a request to increase the permitted directional signage from 4 square feet to 40 square feet. She expressed the opinion that the proposed signs would not be detrimental to the general public, since a series of stores would be permitted individual ground signs.

Attorney Hoffer outlined two court cases (Hertzberg and Talkish) whereby proof of hardship for a dimensional variance is less than a use variance, and that relaxed standards for dimensional variances stated in the Hertzberg case also apply to variances requested to allow new construction on a lot. She noted that the proposal still requires conditional use and land development plan approval.

On a motion by Lefever, seconded by Kauffman, the Board voted unanimously to grant a Variance under Section 340-95.D.(5) to reduce the front yard setback to 110' for the free standing pad site, since it would be in accordance with other pad sites within the shopping center.

On a motion by Goldman, seconded by Will, the Board voted unanimously to grant a Variance under Section 340-38.B.(1).(k) to allow two wall signs to exceed 4.5' as requested.

On a motion by Will, seconded by St. Clair, the Board voted unanimously to grant a Variance under Section 340-120.K.(1) to allow an additional six (6) month extension to start the project and eighteen (18) months from final land development to complete the project as requested.

On a motion by Lefever, seconded by Goldman, the Board voted 3-2 to grant a Variance under Section 340-38.B.(1) to allow two 40 square foot ground signs on Lititz Pike & Highlands Drive, based on Township staffs’ comments and recommendations. Will and Kauffman voted against the motion.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:53 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer