Chairman Thomas Zug convened the February 24, 2010 meeting of the Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners Thomas Zug, John Gazsi, Craig Kimmel, and Daniel Garrett. Jane Boyce, John Hohman, and Brian Slinskey were absent. In attendance were Township Manager Daniel Zimmerman, Township Engineer Charles Hess, Gwen Newell, Troy Knepp, and Dana Clark.

APPROVAL OF MINUTES: On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to approve the minutes of the January 27, 2010 meeting as written.

CONSIDER AN ORDINANCE TO REVISE ZONING CLASSIFICATION OF A 49.437 ACRE TRACT FROM RURAL ESTATE (RE) TO R-1 RESIDENTIAL (R-1)- ORCHARD ROAD TRACT: The Township Manager stated that the site is currently zoned Rural Estate, and the property owner has requested that the Township consider rezoning the site to R-1 Residential. He explained that this area was identified as "Planning Area 7" as part of the 2006 update to the Lititz/Warwick Joint Strategic Comprehensive Plan (JSP). He explained that the JSP recommends consideration to include this area in the Township’s Urban Growth Area. If approved, the property owner has indicated that he will submit a Conditional Use application to allow the tract to be developed under the "cluster" provision of the Zoning Ordinance. The Township Manager explained that the plan proposes single-family dwelling units and would be targeted to individuals age 55+. He added that approximately 52% of the overall site would be remain in a natural state to preserve the wooded areas and slopes on the tract.

The Township Manager explained that in addition to the proposed rezoning, the proposal also includes a request to update the JSP by revising the Future Land Use Map to include this area within the Township’s Urban Growth Boundary. He noted that this was a recommendation by Lancaster County Planning Commission (LCPC) recommends. He added that the LCPC recommends approval of both proposals.

The Township Manager stated that the several tracts in this region were zoned R-1 in 2000; and were rezoned to Rural Estate due to the limited ability to provide for adequate fire suppression. He explained that the WTMA constructed a booster station along East Newport Road that provides public water to this area. He noted that the booster station was funded in part by the School District to accommodate the John Beck Elementary School expansion project several years ago. He added that although the booster station provides the minimum fire suppression capabilities (500 g.p.m.), WTMA indicated that large-scale development in this area is not recommended. The Township Manager explained that the Orchard Road proposal includes plans for a large on-site pond to provide for fire suppression, if needed. The pond would also be incorporated into the proposed stormwater management facilities for the site. The Township Manager noted that the Township intends to construct a 1,000,000 gallon water tank in the northern region of the Township which would provide a gravity public water system to this region of the Township. He added that the WTMA has a right of first refusal on a property in this region. He noted that the project would cost several million dollars, and this is part of the WTMA’s long-range plan (10-15 years). He added that this gravity system would also provide for fire suppression in this region of the Township.

The Chairman inquired what would happen if the plans for the proposed development do not proceed, and the property is sold. The Township Manager explained that the R-1 zoning would remain with the property. He added that any future developer would also need to address the fire suppression issue.

Dana Clark, 660 Brunnerville Road, stated that the tract is located in close proximity to preserved farms and an Agricultural Security Area, and inquired whether it makes sense to rezone a property in this region. The Township Manager explained that the adjoining properties are zoned Rural Estate, and the tract does not adjoin any preserved farms. Clark expressed concern that the property does not have adequate water supply. The Township Manager explained that the WTMA would not approve any development on the tract that does not include a provision for fire suppression, which is the major concern.

The Township Manager explained that the proposed site would be served with public sewer and public water. He added that the plan proposes approximately 122 units, and there is sufficient domestic public water service to serve these units. He noted that, under the current zoning, the developer could create one-acre lots throughout the entire approximate 50-acre tract. However, since he and the Township would prefer to protect the woodlands on the tract, the developer is proposing a cluster development to protect these areas. Clark expressed concern that the other property owners in this region that were also rezoned to Rural Estate will petition to rezone their respective properties as well. The Township Manager explained that they would also need to demonstrate that they can provide adequate on-site fire suppression. He added that this proposal appears to be a better development since the trees would be retained rather than clear-cut to provide one-acre lots. He noted that Township staff reviewed the developer’s proposal on several occasions since it was originally submitted in 2006. He added that the site was also the topic of a planning charette. Clark stated that the developer could change the proposal and cut the trees. The Township Manager concurred that it would be a possibility; however, the developer has been consistent with the proposal. The Commission members acknowledged that they have no guarantee that the woodlands would be preserved as previously stated. The Commission briefly discussed the proposal. On a motion by Garrett, seconded by Kimmel, the Commission members voted unanimously to recommend adoption of an Ordinance to revise the zoning classification of a 49.437 acre tract from Rural Estate (RE) to R-1 Residential (R-1) since the proposal is in accordance with the Lititz/Warwick Joint Strategic Comprehensive Plan.

CONSIDER A RESOLUTION TO AMEND THE 2006 UPDATE TO THE LITITZ/WARWICK JOINT STRATEGIC PLAN, BY REVISING THE FUTURE LAND USE MAP: The Township Manager stated that this Resolution is in conjunction with the rezoning of the Orchard Road tract from Rural Estate to R-1 Residential. He explained that the Lancaster County Planning Commission recommended that the Township also revise the Future Land Use map in the Lititz/Warwick Joint Strategic Comprehensive Plan to include this area within the Urban Growth Boundary. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend approval of a Resolution to amend the 2006 update to the Lititz/Warwick Joint Strategic Plan, by revising the Future Land Use map since the proposal is in accordance with the Lititz/Warwick Joint Strategic Comprehensive Plan.

CONSIDER AN ORDINANCE TO ESTABLISH THE LOCAL COMMERCIAL ZONE (LC) AND REGULATIONS FOR USES WITHIN THE LOCAL COMMERCIAL (LC) ZONE: The Township Manager explained the proposal is a culmination of a two-year effort to rezone an area of the Township extending from Lititz Borough to 938 Lititz Pike from Community Commercial to Local Commercial. He explained that the Township currently has only one commercial district, which allows for large-scale shopping centers as well as small-scale offices. He explained that this provision would eliminate the potential for large-scale development in this region. He added that the Commission previously reviewed a similar provision for a smaller region of the Township; however, the affected property owners expressed concern over the proposed Ordinance and the Township re-evaluated the proposal. He explained that the proposal this evening addresses a majority of the concerns raised by the property owners, and expands the affected area. He noted that the Township scheduled several meetings with the affected property owners to discuss the proposal. The Township Manager explained that the Commission reviewed the revised proposal on several occasions. The Township Manager explained that based on these discussions, the proposal includes the rezoning of three lots from residential to Local Commercial. He noted that two of these tracts do not have road frontage, except via adjoining commercial properties. The other property is in close proximity to the intersection of Owl Hill Road and is not suited for residential development. He explained that an affected property owner that has one of their tracts proposed for rezoning from R-1 Residential to Local Commercial submitted a letter requesting an additional residentially-zoned tract be rezoned to Local Commercial. The Township Manager explained that this tract was also evaluated; however, it has adequate road frontage to serve a residential development. He explained that the property owner requested that his letter be submitted into the record for the proposed rezoning. In addition, a residential property owner requested that his property be rezoned from the current Community Commercial to R-2 Residential, which is the zoning of the tract that adjoins his lot. He added that his proposal is a separate request on this evening’s agenda. The Township Manager explained that the proposal incorporates the recommendations of the Lancaster County Planning Commission. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend adoption of an Ordinance to establish the Local Commercial Zone and regulation for uses with the Local Commercial Zone since the proposal is in accordance with the Lititz/Warwick Joint Strategic Comprehensive Plan.

CONSIDER AN ORDINANCE TO REVISE THE ZONING CLASSIFICATION OF A TRACT OF LAND CONTAINING 0.32 ACRES FROM COMMUNITY COMMERCIAL TO (R-2) RESIDENTIAL: The Township Manager explained that the proposal is a result of a currently zoned Community Commercial property owner’s request to rezone his residential-use property from commercial to residential. The property is adjoined by an R-2 zoned tract. The property owner submitted a formal request to rezone his property from Community Commercial to R-2 Residential. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend adoption of an Ordinance to revise th zoning classification of a tract of land containing 0.32 acres from Community Commercial to R-2 Residential since the proposal is in accordance with the Lititz/Warwick Joint Strategic Comprehensive Plan.

CONSIDER A CONDITIONAL USE APPLICATION FROM TWIN BROOK LLC, TO CONVERT AN EXISTING RESIDENTIAL STRUCTURE INTO A COMMERCIAL OFFICE: The Township Manager explained that the tract is owned by Twin Brook Mobile Home Park (MHP). He explained that the property has been in use as a rental office by representatives of the MHP. He explained that when the Township became aware of the issue, a notice was mailed to the property owner advising that the use was not approved. Subsequently, the property owner submitted a Conditional Use application to convert the residential structure to a commercial office. The Township Manager noted that the property is zoned Mixed Use, which includes a conversion provision under a Conditional Use. He explained that an architect submitted a drawing of the proposal. He explained that the property currently meets the requirements of the Ordinance pertaining to parking and access for one handicap parking space, and two employee parking spaces. He noted that the architect indicated the potential for up to 8 employees; however, the property owner would need to verify that they can accommodate employee parking. He explained that the residential structure could accommodate additional employees, but they must meet parking requirements as well. He noted that only one employee works in the office, currently. The Commission members discussed the possibility of the property owner using the existing garage on the property, or a barn on an adjoining property they own for additional parking, if needed. Garrett expressed concern that no one is present to discuss the proposal and recommended that the application be tabled. The Township Manager explained that the Commission can not table action since Conditional Use applications are required to be acted upon within 45 days of submittal. He explained that the Township received the application on January 18, 2010. On a motion by Garrett, seconded by Kimmel, the Commission voted unanimously to recommend denial of the Conditional Use application from Twin Brook LLC to convert an existing residential structure into a commercial office.

ADJOURNMENT: With no further business to come before the Commission, the meeting was adjourned at 7:40 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager