Acting Chairman Thomas Zug convened the January 27, 2010 meeting of the Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners Thomas Zug, Jane Boyce, John Gazsi, Craig Kimmel, John Hohman, Daniel Garrett, and Brian Slinskey. In attendance were Township Manager Daniel Zimmerman, Township Engineer Charles Hess, Dale K. Stoltzfus, Kathy B. Stoltzfus, Dean Garman, Timothy E. Duncan, Gwen Newell, Kevin Verner, David Bitner, Robert V. Gothier, Jr., Matthew Allen, and Greg Strausser.

ELECTION OF OFFICERS FOR 2010: Acting Chairman Thomas Zug opened the floor to nominations for Chairman of the Planning Commission. On a motion by Hohman, seconded by Boyce, the Commission voted unanimously to nominate and elect Thomas Zug as Chairman of the Planning Commission. On a motion by Garrett, seconded by Gazsi, the Commission voted unanimously to nominate and elect Jane Boyce as Vice-Chairwoman of the Planning Commission. On a motion by Boyce, seconded by Kimmel, the Commission voted unanimously to nominate and elect Daniel Zimmerman as Secretary of the Planning Commission.

Chairman Zug convened the meeting for the remainder of the evening.

APPROVAL OF MINUTES: On a motion by Garrett, seconded by Gazsi, the Commission voted unanimously to approve the minutes of the December 21, 2009 meeting as written.

CONSIDER THE CONDITIONAL USE APPLICATION FROM DALE K. & KATHRYN B. STOLTZFUS FOR A SINGLE FAMILY DWELLING IN THE AGRICULTURAL ZONED DISTRICT, PREPARED BY DIEHM & SONS, DATED 12/29/2009. CONSIDER WAIVER OF LAND DEVELOPMENT PLAN REVIEW: Kevin Varner, representing Diehm & Sons, explained that Kathryn Stoltzfus owns an approximate 3.56 acre tract of land along the north side of Disston View Drive in the Agricultural zoning district. The tract contains an existing dwelling and other improvements, and is served with an on-lot septic system and individual well. Portions at the rear of the site are wooded with the remainder being in lawn. The Applicant proposes to create a two lot subdivision on this property. Lot 1 would be approximately one acre and include the existing dwelling and improvements. The proposed use of Lot 2 is a detached single-family residence on approximately 2.33 acres. The proposed lot will be served by on-lot sewage and a well. The proposed lot is for Mr. and Mrs. Stoltzfus to construct a dwelling for their own use. Varner explained that Lot 1 would be sold. He noted that sewage tests have been performed for each lot.

Varner addressed the Township Engineer’s comment letter dated January 20, 2010. He noted that only one lot is allocated for subdivision from the parent tract. The Township Manager explained that Township staff viewed the proposal as Lot 1 being the subdivided lot, with Lot 2 being remaining lands. He noted that due to its small size, the lot is not a viable farm, although it is located within the Agricultural zone.

The Applicant is requesting a Waiver of Section 285.27.J(3) pertaining to improvement of existing streets and intersections. The Applicant is offering a fee in-lieu-of the requirement in the amount of $1,331.00. The Township Engineer commented that they recommend conditional approval of the Waiver request.

The Applicant is requesting a Waiver of the requirement to submit a formal Land Development Plan for the proposal. The Township Manager explained that the Township has typically waived the Land Development Plan requirement for Conditional Use applications for single-family homes.

On a motion by Garrett, seconded by Boyce, the Commission voted unanimously to recommend a favorable review of the Conditional Use Application. On a motion by Garrett, seconded by Slinskey, the Commission voted unanimously to recommend approval of a Waiver of Land Development Plan submittal contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE DEAN & KAREN GARMAN FINAL SUBDIVISION PLAN, PREPARED BY R. GABRIEL ASSOCIATES, DATED 12/28/2009: David Bitner, representing Robert Gabriel & Associates, explained that the site is located at 222 Owl Hill Road, south of the intersection of Kissel Hill Road and Owl Hill Road. He stated that the lot currently contains approximately 1 acre. The plan proposes to subdivide the lot and create one approximate 19,390 square foot lot (Lot 1), and one approximate 20,584 square foot lot (Lot 2). Bitner explained that the existing home and garage would be located on Lot 1 of the plan. He stated that a barn that was located on the property is being demolished to accommodate the proposal. He noted that this will result in a 5,600 square foot reduction in impervious area. He added that both lots would be served with public sewer and public water.

The Applicant is requesting a Waiver of Section 285.27.J(3) pertaining to improvement of existing streets and intersections. The Applicant’s consultant has requested a Waiver since they are "only creating one new lot"; however, the Township Engineer recommends denial of the request and recommended that either the improvements should be constructed as part of the development, or an equal alternative be provided. The Commission members stated that they have not typically granted a Waiver without a fee in-lieu-of these improvements.

On a motion by Kimmel, seconded by Boyce, the Commission voted unanimously to recommend approval of a Waiver of Section 285.27.J(3), contingent upon the Township Engineer’s comments being addressed.

Bitner stated that at this location, the roadway is super-elevated and stormwater flows behind and around the barn and into the driveway on the two adjoining properties, and sheet flows across the roadway. He reiterated that since the barn is being demolished, it will reduce the amount of impervious coverage on the property. The Township Manager explained that Township staff is scheduled to meet with the developer to discuss stormwater management in this area. The Chairman explained that since the Applicant is meeting with Township staff, the Commission could provide a recommendation on the proposal.

On a motion by Hohman, seconded by Gazsi, the Commission voted unanimously to recommend approval of the Dean & Karen Garman (222 Owl Hill Road) Final Plan, contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE DAWN QUINN (SCOOTER'S) LOT ADD-ON PLAN AND STORM WATER PLAN, PREPARED BY STRAUSSER SURVEYING, DATED 1/18/2010: Greg Strausser, representing Strausser Surveying, explained that the property is located at the southeast corner of East Woods Drive and Lititz Pike. He explained that the property is comprised of three tracts of land, and noted that the three tracts are part of one deed for the overall property. Strausser explained that the property currently contains 79 parking spaces, although the Ordinance only requires 53 parking spaces. He stated that additional parking spaces are needed to accommodate patrons. In addition, the property owner would like to expand the restaurant by creating a 1,500 square feet patio/dining area on the east side of the building. He explained that the proposal would require the removal of 6 parking spaces. He stated that the patio/dining area would be constructed over existing impervious surface, therefore, no additional stormwater management would be necessary. Strausser explained that the plan also proposes a stone parking area to accommodate 14 parking spaces for employees, and to relocate the existing dumpster farther from the proposed patio area. Gazsi stated that setting the dumpster on stone could cause a problem since the weight of the truck and dumpster could wear away this area. The Township Manager explained that additional stormwater management would be required if this area were paved rather than stone.

Strausser addressed the Township Engineer’s comment letter dated January 20, 2010.

The Applicant is requesting a Waiver of Section 285-7.C pertaining top Preliminary Plan processing. The Applicant’s consultant is requesting a modification to process a preliminary/final plan in lieu of processing a preliminary plan and subsequently a final plan. The Township Engineer commented that inconsideration of the justification cited by the Applicant, they recommend approval of the Waiver conditional on the title of the plan being changed to "Lot Add-on and Stormwater Management Plan".

The Applicant is requesting a Waiver of Section 603.1.B pertaining to bumper blocks. The Township Engineer recommends denial of the Waiver for the proposed 14 parking space stone parking lot. They recommend that bumper blocks be installed to delineate the proposed spaces. Strausser stated that the property owner is agreeable to installing bumper blocks, based on the recommendation of the Township Engineer.

The Applicant is requesting a Waiver of Section 603.1.C pertaining to parking lot aisle width. The Applicant’s consultant is requesting a modification of the minimum parking isle width of 25' for 90 degree spaces. For the 14 space proposed lot, a 23.33' aisle is proposed. The Township Engineer commented that for reasons cited by the Applicant, they recommend approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.1.F pertaining to painted lines to delineate parking spaces. The Applicant’s consultant is requesting a modification of not providing painted lines to define parking spaces within the proposed stone parking area. The Township Engineer commented that based on the justification cited by the Applicant, they recommend approval of the Waiver conditional on the applicant installing concrete bumper blocks. The Township Engineer also recommended the Township evaluate whether the proposed lot shall be signed for only employee parking. Strausser stated that the property owner does not wish to restrict the stone parking area to employees only; however, this would be the primary use. He added that on shifts of less than 14 individuals, motorists could use this parking area, if needed.

The Applicant is requesting a Waiver of Section 603.1.I pertaining to parking lot surface requirements. The Applicant’s consultant is requesting a modification to provide a paved surface of concrete or bituminous materials or another dust free surface. It is proposed to use a "compacted stone surface". The Township Engineer commented that due to the justification cited by the Applicant, they recommend approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.1.L pertaining to buffer planting width requirements. The Applicant’s consultant is requesting a modification of the 15' wide planted buffer strip where parking compounds are adjacent to residential properties. It is proposed to provide a 10' width along the north edge of the proposed 14 space parking area, where residentially used properties border the area. The Applicant indicated that the 10' wide buffer would be planted with Arbor Vitae at 5' spacing. In addition, no buffer planting is proposed along the southern edge of the proposed parking as the existing use is commercial in nature. The property owner provided photographs of the adjoining property for the benefit of the Commission.

The Applicant is requesting a Waiver of Section 603.2.A.(2) pertaining to sidewalks along parking areas. The Applicant indicated that this area will primarily be used by the employees who are familiar with the site and will use the drive aisle to access their vehicles. In addition, the impervious surface resulting from sidewalk placement in this area will generate additional stormwater management compliance, with no resulting benefit. The Township Engineer recommends approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.3.A pertaining to curbing along parking areas. The Applicant indicated that the structural benefits normally offered by curbing along a paved surface will have no benefit as the area is proposed to be stoned. The Township Engineer commented that based on the justification cited by the Applicant, they recommend approval of the Waiver contingent upon concrete bumper blocks being provided within the new parking compound.

On a motion by Hohman, seconded by Gazsi, the Commission voted unanimously to recommend approval of Waivers of Section 285-7.C, Section 603.1.C, Section 603.1.F, Section 603.1.l, Section 603.1.L, Section 603.2.A.(2), and Section 603.3.A contingent upon the Township Engineer’s comments being addressed.

On a motion by Hohman, seconded by Gazsi, the Commission voted unanimously to recommend approval of the Preliminary/Final Lot Add-On & Stormwater Management Plan for Dawn M. Quinn (Scooter’s Restaurant).

CONSIDER THE CVS PHARMACY REVISED FINAL SUBDIVISION/LAND DEVELOPMENT PLAN, PREPARED BY BOHLER ENGINEERING, DATED 1/14/2010: The Township Manager explained that the project is located on the site of the previously approved Rite Aid Pharmacy. He explained that CVS Pharmacy is resubmitting the plan as a revised final plan since only minor modifications are proposed, and the equitable ownership has changed.

Matthew Allen, representing Bohler Engineering, explained that they are attempting to use the existing approvals that were granted to the previous project. He explained that the previous Rite-Aid building was over 14,000 square feet in size, and the proposed CVS contains approximately 13,281 square feet. He added that they are proposing the same access points as previously approved; in addition, the site layout remains relatively unchanged. He detailed the lot layout for the benefit of the Commission. He explained that the proposed drive-through location has been modified since the shape of the building has been modified slightly from the previous proposal. He noted that the southeast corner of the proposed Rite-Aid was squared; however, the proposed CVS build design has a "cut" corner.

The Commission briefly discussed the Waivers that were previously granted for the Rite-Aid project [Section 285-7.C; Section 285-27.J; Section 285-27.L(1); Section 285-27.P(5) and 285-27.K(2); Section 285-28.B(1)(d); Section 285-28.B(2); and Section 285-28.C(1)]. Allen explained that the Applicant is agreeable to the previous conditions of approval that were attached to the waivers. The Commission members agreed that if the Waiver requests are unchanged, and the Applicant agrees to the conditions, the Waivers may be applied to this project.

Timothy Duncan, 343 North New Street, requested clarification of the drive-through area. He expressed concern that headlights from motorists at the drive-through will shine directly on the front of his property. Allen stated the Applicant could plant a hedgerow or buffer on the to eliminate the problem. He added that the existing tree row adjacent to Duncan’s property would remain as part of the project. In addition, a 6' privacy fence and additional landscaping will also be installed. Allen added that this was also part of the previously approved plan.

Allen addressed the Township Engineer’s comment letter dated January 20, 2010. The Township Engineer commented that the plans have been revised to reduce the previous size of the parking island at the northeast corner of the building. This creates an open area of paving that is over 65' wide. This area is at the entrance to the parking lot along the north side of the building and the Township Engineer recommends that the plans should be revised to provide no more than a 24' wide opening in order for motorists to recognize the one way traffic pattern coming from the drive-through lanes. Robert Gothier, representing J.C. Bar (the firm that has CVS development rights in the region) explained that the area would be marked "Do Not Enter". He added that CVS uses a trash compactor, which is loaded from the North New Street side, which is why the larger area is needed to accommodate truck pick-up. He noted that the compactor is within an enclosed area. Gothier explained that a traffic island could be installed in order to clarify traffic patterns.

Allen explained that at this time, the plan still proposes a retaining wall to accommodate sidewalk along North New Street. He noted that they will attempt to contact the new property owner to obtain a grading easement to accommodate the sidewalk, rather than the retaining wall. On a motion by Gazsi, seconded by Garrett, the Commission voted unanimously to recommend approval of the CVS Pharmacy/Keller Brother Dodge Revised Final Plan contingent upon the Township Engineer’s comments being addressed. Kimmel suggested that the three proposed handicap spaces be reversed so that the two adjacent handicap spaces are located closest to the front door.

UPDATE ON THE REZONING EFFORT - REVISED ZONING MAP: The Township Manager explained that Township staff held a meeting with the affected property owners. He stated that the rezoning proposal will be formally reviewed at the Commission’s February meeting. He noted that approximately 44 property owners are affected by the rezoning. He noted that the proposal includes the new proposed Local Commercial zone, rezoning of the Orchard Road tract, adjustment of the Urban Growth Boundary, and rezoning the Knepp property from Community Commercial to R-2 Residential (which was formally requested by the property owner).

ADJOURNMENT: With no further business to come before the Commission, the meeting was adjourned at 8:38 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager