Vice-Chairperson Jane Boyce convened the September 22, 2010 meeting of the Warwick Township Planning Commission at 7:00 p.m. Present were Commissioners Jane Boyce, John Gazsi, Craig Kimmel, John Hohman, and Kenneth Kauffman. Thomas Zug and Daniel Garrett were absent. In attendance were Township Manager Daniel Zimmerman, Township Engineer Charles Hess, Kevin Varner, Chris Venarchick, Aaron Navarro, Craig Mellott, Bruce Garner, James Strong, Art & Jane Myers, Rosemary Lippa, John Lippa, Christine Wilson, Sally Erisman, A. Richard Erisman, Bill & Doris Splain, Michael Glass, William Cross, and Robert Cross.

APPROVAL OF MINUTES: On a motion by Kauffman, seconded by Gazsi, the Commission voted unanimously to approve the minutes of the July 28, 2010 meeting as written.

HEARING PROCEDURES: The Township Manager explained that the Planning Commission will be reviewing a rezoning petition, as well as two conditional use applications at this evening’s meeting. For the benefit of those present, he explained the procedure to be followed for the evening's hearings.

CONSIDER THE MERV MILLER/HAYES STORMWATER PLAN, PREPARED BY DIEHM & SONS, INC.: Kevin Varner, representing Diehm & Sons, explained that the property is currently zoned Rural Estate and is located along Clay Road near the intersection of Stony Lane. He stated that the property contains approximately 7 acres, and is currently vacant. He stated that the plan this evening is for approval of a proposed single-family dwelling and driveway. He stated that the property would be served by an on-site well and on-site septic. He noted that the soil has been tested for the proposed septic system. He detailed the proposed stormwater management for the site and added infiltration facilities would be provided for the house roof, and an infiltration trench would be created beside the driveway to address stormwater runoff.

Varner address the Township Engineer’s comment letter. The applicant is requesting a Waiver of Section 270-11.F which indicates that storm sewer pipes shall be installed with 1-foot of cover from the crown to subgrade. The request is specific to the proposed driveway culvert located within the right-of-way along Clay Road. It has been noted that the maintenance responsibilities for this pipe is the responsibility of the lot owner. The culvert will be 15" reinforced concrete pipe with a class IV rating, and will have just under the required 1-foot of cover depending upon the actual wall thickness of the pipe. The Township Engineer commented that considering the restrictive note that is on the Plan regarding the perpetual ownership and maintenance of culvert by the lot owner, and since RCP will be used, they have no objections to granting this Waiver. On a motion by Kimmel, seconded by Hohman, the Commission voted unanimously to recommend granting a Waiver of Section 270-11.F. On a motion by Hohman, seconded by Gazsi, the Commission voted unanimously to recommend approval of the Merv Miller/Hayes Stormwater Plan, contingent upon the Township Engineer’s comments being addressed.

CONSIDER THE REZONING PETITION FOR THE BARBARA WALTER PROPERTY: Aaron Navarro, representing J. Michael Brill & Associates, explained that he is present this evening to represent the Member’s 1^st Credit Union rezoning request. Navarro explained that the Walter property consists of two separate tracts. The tract at the intersection of SR 501 and Owl Hill Road is zoned Local Commercial, and the adjoining tract along Owl Hill Road is zoned R-1 Residential. The plan proposes construction of a credit union building on the local commercial zoned tract, and an approximate 10,940 square foot portion of the adjoining residential tract is requested for rezoning to local commercial to accommodate the proposal. He noted that the rezoned area would be added to the proposed Members 1^st Credit Union site. The local commercial tract currently contains an existing dwelling which would be removed as part of the proposal. Navarro explained that the proposal was previously presented as a sketch plan to the Planning Commission at their June 23, 2010 meeting. He explained that the plan has been modified since the previous proposal based on recommendations by the Commission, by Township staff, and by neighboring property owners. He explained that the proposed building size was reduced from 4,000 square feet to 3,500 square feet, which reduced the amount of parking, and increased some of the landscaping in order to meet the guidelines of the ordinance.

Navarro explained that the proposed site location was also shifted toward Owl Hill Road to eliminate any encroachment into the floodplain on the property. He explained that access to the site remains from Owl Hill Road, and both tracts would be accessed via this access point. He noted that the site would be served by public sewer and public water. Navarro explained that the property owner has no current plan for the adjoining residentially-zoned tract. He noted the sketch plan for the residentially zoned land illustrated the possibility of three lots on the tract, and the proposed rezoning of a portion of the tract does not affect this possibility.

The Township Manager explained that the left turn lane along Owl Hill Road would be extended as part of this project. In addition, curb would be installed along Owl Hill Road, and sidewalk would be installed along the frontage of the site. Navarro explained that the adjoining residential tract would remain under the ownership of the current property owner.

Attorney James Strong, representing the applicant, explained that he received a copy of the draft review comments from the Lancaster County Planning Commission (LCPC). He added that the LCPC draft comments recommend approval of the rezoning petition; however, they would not be formal comments until the LCPC meets on September 27, 2010. The Township Manager explained that both the LCPC and Warwick Township Planning Commission review the proposal and provide their recommendations. These recommendations become part of the public record for the rezoning hearing that will be before the Board of Supervisors.

A. Richard Erisman, 17 East Woods Drive, inquired who would own the shared access point. Navarro explained that ownership of the access point would be shared by the owner of lot 1 and lot 2. John Lippa, representing Members 1^st Credit Union explained that the credit union would maintain joint perpetual ownership of the access point with the current and any future owner of the residential lot.

Art Myers, 18 Owl Hill Road, inquired whether the sidewalk that would extend in front of the residential tract would affect the use of the tract. The Township Manager explained that, other than the portion petitioned for rezoning, the zoning of the tract would remain R-1 residential. He noted that sidewalk does not affect the zoning of the property.

The Township Manager explained that the proposal to rezone a small portion of the adjoining property appears to be consistent with the Lititz/Warwick Joint Strategic Plan since it facilitates the use of the local commercial zone property as proposed.

On a motion by Hohman, seconded by Kimmel, the Commission voted unanimously to recommend approval of the rezoning petition for the Barbara Walter property since it is consistent with the intent of the Lititz/Warwick Joint Strategic Plan.

CONSIDER MODIFICATIONS TO THE CONDITIONAL USE APPROVAL - NEWPORT SQUARE - LOTS 35, 152, 174: Chris Venarchick, representing RGS Associates, explained that the request is related to the proposal to install solar panels on the Newport Square property. He indicated the location of the affected lots for the benefit of the Commission. He noted that the conditional use is not to provide additional lots or additional units. He added that the affected area is comprised of the rental community of the development. He explained that roof-mounted solar units would be installed at a 15 degree angle on top of the live-work units. Land-based (post-mounted) solar units would be installed on lot 35, near the detention basin. These units would be approximately 8' off of the ground. He noted that these units are approximately 5.5'x3.5' and there are small (1") gaps between the units that would allow rainwater and sunlight through. Carport-based units would be installed within parking areas on each of the three lots. Venarchick explained that the units would be retro-fitted over existing parking areas. He noted that emergency vehicle movement should not be impeded by the carport-based units. He added that these units would have a flat black finish and not reflective material.

On a motion by Kimmel, seconded by Kauffman, the Commission voted unanimously to recommend approval of the modifications to the conditional use approval for Newport Square, lots 35, 152 & 174, contingent upon the applicant submitting a removal plan for the project if terminated, upon screening along Newport Road for the ground-mounted units to present a street scape appearance, upon the carports being certified under the building code, upon the carport-based units having a non-glare panel, upon all utility and transmission lines being installed underground, upon the height of ground-mounted units not exceeding 15', upon the landscaping areas within the parking lots being maintained in the general area. The Planning Commission is in agreement that modifications can occur, but the end result should not reduce the area provided prior to the project.

CONSIDER THE CONDITIONAL USE APPLICATION FOR WILLIAM CROSS, UNDER SECTION 340-11.D(2) FARM RELATED BUSINESS: William Cross, 1561 East Newport Road, explained that he and his son (Robert Cross) currently have a business located along Division Highway in New Holland, and they would like to relocate the business to the property at 1561 East Newport Road. He explained that he and his son both have full time jobs, and this would be a part-time business devoted to the repair of farm equipment. He stated that they weld steel, stainless steel and aluminum, and they also do small fabrication jobs and lathe and milling work. They also offer farm service calls to repair the equipment on the farm. They would like to operate from 2:00 pm. to 9:00 p.m. Monday through Friday, and from 8:00 a.m. to 5:00 p.m. on Saturday. In the event that the business would grow, and they change to a full-time operation, they would like to be open from 7:00 a.m. to 5:00 p.m. He stated that they currently have a small home workshop on the property, and this would be modified slightly to accommodate the family business. He noted that the driveway would be widened to 32' and extended to the south to allow customers to drive in and turn around making it safer to enter and leave the business property. There would be a 6' high wooden picket privacy fence constructed on the south side of the shop to screen any piece of equipment being repaired. A 36" slow running exhaust fan would be installed on the east side of the shop to remove any smoke from welding. The area covered by the driveway, dwelling, and shop (including the small addition), would cover about 29% of the lot. The Applicant addressed the guidelines for a farm related business in accordance with the Zoning Ordinance. On a motion by Hohman, seconded by Kimmel, the Commission voted unanimously to recommend approval the Conditional Use application for William Cross as presented, contingent upon only family members being employed by the business.

CONSIDER THE SECOND DRAFT OF THE ZONING AMENDMENT PROVIDING STANDARDS FOR ALTERNATE ENERGY: The Township Manager explained that the draft zoning amendment has been slightly modified from previous drafts. The draft includes a list of questions for consideration by the Planning Commission. He noted that the alternative energy standards include manure digesters (electric produced by methane); however, the Commission would need to consider issues such as whether manure could be imported from other farms. In addition, outdoor wood-fired boilers (burners) and windmills, are also included within the draft amendment. The Commission briefly discussed the proposed zoning amendments.

ADJOURNMENT: With no further business to come before the Commission, the meeting was adjourned at 8:42 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager