Pocopson Township Planning Commission Meeting

7:30 p.m., Wednesday, March 17, 2010

Commission Members Present: Gary Summers, Suzy Breiseth, Sean Rafferty, Meg Johnson, Steve Simonson. Commission Members Absent: Rob Costello, Rob Miller. Guests Present: Barney Leonard and Nancy Roberts; James Fritsch, P.E. of Regester Associates; Jonathan Alderson, Landscape Architect; Matthew Moger, AIA; Jack Becker; Barry Stingel, RLA, Vice President of Hillcrest Associates; John Dargay, Chester County Facilities Manager.

1. Call to Order: Summers called the meeting to order at 7:30 p.m.

2. Planning Commission Vacancy: Planning Commission (PC) members welcomed Steve Simonson who was appointed by the Board of Supervisors on March 8, 2010, to fill the term of Chris Sperber which expires on December 31, 2010.

3. Public Comment: none.

4. Becker Project/Pocopson Road – Tax parcel 63-4-148 and 63-4-148.1: Barry Stingel, RLA, Vice President, Hillcrest Associates, Inc., and Applicant Jack Becker appeared before the PC to discuss the Township Engineer comment letter dated March 11, 2010, regarding review of the Plan by Hillcrest Associates dated April 30, 2009 and last revised February 16, 2010. Applicant acknowledges that Township Engineer technical comments have been addressed. Remaining issues and request for preliminary final approval with contingencies will be directed to the Board of Supervisors (Board). Applicant confirmed that he continues to seek permits from PennDOT and that he must obtain NPDES permitting. A draft Operation and Maintenance Agreement for stormwater management will be submitted to the Township Solicitor. Applicant will discuss the fee in lieu of requirements with the Board. PC discussed preliminary sign plans for signage installation and determined that based on the preliminary plan there are no visibility or site distance issues.

Motion: Breiseth moved that the Planning Commission supports the request of Applicant Jack Becker for the development of office and residential space on the east side of Pocopson Road being Tax Parcels 63-3-148 and 63-4-148.1 as shown in the Plan prepared by Hillcrest Associates, Inc., dated April 30, 2009, last revised February 16, 2010 to go before the Pocopson Township Board of Supervisors (Board); further, the Planning Commission recommends that the Board approve the Plan pending Board’s approval of waivers and conformance with required agency permits; Summers seconded; motion unanimously approved.

5. Leonard/Roberts Project – 60 Bragg Hill Road; Tax Parcel 63-1-42.4: Applicants Leonard and Roberts were before the PC at the request of the Board following a February 22, 2010 appearance before the Board. Applicant provided a brief background regarding the purchase of the property two years ago, the web site for the property (www.60bragghill.com), and their desire to heal scars of land disturbance by previous owners which included a logging operation. PC reviewed the Building Permit Application Plan and associated zoning issues, particularly 250-87: Conservation of Natural Resources. Applicants confirmed their plans and desires as stated during PC Meeting November 2008 to follow LEED requirements that include recycling building materials on site, utilizing solar power, and a rainwater capture system. Applicants will manage the forest on the property with the assistance of the Natural Lands Trust. Discussion included Applicants’ request for modification of the requirement to apply for a formal conditional use hearing. Consultants for the Applicants, Fritsch, Moger, and Alderson, spoke at length to each aspect of the project – land disturbance, architecture, and landscaping respectively. PC Members were informed that significant changes to the previous plan, including the elimination of a constructed meadow, will limit the extent of the land disturbance. PC Members noted, however, that the Applicant will still be required to remove a significant amount of excavated material from the site particularly with regard to installation of the driveway.

Township Engineer noted that the property is located in the Greenway Corridor and as such the Township Code requires a conditional use hearing. However, the context for this provision of the Code is more fully applicable to subdivisions.

Motion: Summers moved that the Planning Commission recommends to the Pocopson Township Board of Supervisors to support the request of Barney Leonard and Nancy Roberts for modification of any and all requirement of Section 250-87 and Section 250-70 for the construction of certain residential dwelling and accessory use of the property located at 60 Bragg Hill Road, Tax Parcel 63-1-42.4, as set forth on the Building Permit Plan prepared by Regester Associates dated February 4, 2010 and revised March 17, 2010; the Planning Commission supports the request of the Applicants pending approval of the landscape plan for replacement of trees and shrubbery; Breiseth seconded; motion unanimously approved.

6. County of Chester – Data Services Building, Tax Parcel 63-3-39: James Fritsch, P.E., Regester Associates, and Applicant John Dargay for County of Chester, appeared before the PC to discuss the Township Engineer comment letter dated March 16, 2010, regarding review of the Plan by Regester Associates dated March 3, 2010 (the “Plan”). The Project is a single-story data services building to be constructed on the northeast side of Wawaset Road on land owned by the County Correction Facility (139.1 acres) utilizing an internal driveway located east of the Work Release Facility. The building footprint is approximately 2800 square feet and is not intended to be staffed on a daily basis. Applicant has filed for Township review in accordance with the Code using the same format for the equipment building approved by the Township in 2009.

Applicant addressed comments as set forth in the Township Engineer review letter dated March 16, 2010 as follows:

a) Section 250-87.I, -87.M(1), -87.M(2)(a)[1], -87.M(2)(c) – Applicant requests concurrent review process while working through Pennsylvania Natural Diversity Inventory clearance. Township Engineer suggests Zoning Officer determine if area shown on the Plan is sufficient to demonstrate compliance with and protection of resources; a separate plan for the 139 acre site generally may not be necessary.

b) Section 250-88.B(2) – Applicant clarified that visits to the data center would be infrequent once all systems were installed and functioning. The County plans to use the building to house data and virtual servers. The need for this data center is due to a lack of space in current County facilities located in West Chester. Applicant indicates that the design of the data center per the Plan will allow for a build-out of data infrastructure for the next twenty years to accommodate the needs of the County. The site is appropriate as fiber optic cable is currently available.

c) 250-96.C – Township Engineer comment #3. asks Township to determine definition of “inhabited structure” for the purpose of directing Applicant to address any issues concerning the communication tower currently located on the property.

d) Plan Sheet 1 – Township Engineer comment #4. suggests listing existing and proposed area and bulk data on the Plan for the purpose of tracking future development of the site. Applicant indicated that the data services structure will be built into a hillside with a natural slope for purposes of aesthetics and practical application as the hillside will provide artificial cooling.

e) PC had no objection to the list of waivers submitted by Applicant dated March 17, 2010.

Motion: Breiseth moved that the Planning Commission recommend to the Pocopson Township Board of Supervisors approval of the Chester County Data Services Building Land Development Plan being Tax Parcel 63-3-39 pursuant to the Waiver Request letter dated March 17, 2010 and the March 3, 2010 Plan prepared by Regester Associates, Inc., and the Stormwater Management Calculations and Stormwater Best Management Practices Operation and Maintenance Agreement; seconded by Summers; unanimously approved.

7. Correspondence and Announcements: none.

8. Other business: Summers noted that the PC should begin to consider a review of the Township Comprehensive Plan. Secretary is directed to have copies available for the next meeting. Township Engineer suggested that the PC consider amendments to clarify sections of the Ordinance regarding area and bulk area regulations and definitions for net tract area. PC agreed to add such an amendment to the running list of Ordinances for review. Simonson requested that the PC review the antenna/communication tower ordinances particularly with a review of guyed tower requirements.

9. Approval of Meeting Minutes: Motion: Summers moved to accept the Minutes of February 17, 2010, as submitted; Rafferty seconded; motion unanimously approved.

10. Adjournment: Summers moved to adjourn at 8:50 p.m., Rafferty seconded; motion unanimously approved. The next regular scheduled Planning Commission Meeting is Wednesday, April 21, 2010.

_________________________ ___________________________________

Susan Simone, Secretary Gary Summers, Chair