Meeting Agenda Borough of State College Planning Commission April 18, 2018 Room 304 / 7:00 p.m.

Transcription

1 Meeting Agenda Borough of State College Planning Commission Room 304 / 7:00 p.m. I. II. III. IV. V. VI. VII. Call To Order Roll Call Approval Of Minutes Chair Report Public Hour - Hearing Of Citizens Land Development Plans Community Planning A. Zoning Map Amendment For 401 South Pugh Street From ROA To C VIII. IX. X. Official Reports And Correspondence Upcoming Meetings Adjournment Documents: Complete Planning Commission Agenda Packet -.pdf

2 Page 1 of 36 Meeting Agenda Borough of State College Planning Commission Room 304 / 7:00 p.m. I. Call to Order II. Roll Call Zoe Boniface, Chairman Anita Genger, Vice-Chairman Charles Dumas Scott Dutt Jon Eich Richard Kalin Michael Roeckel III. Approval of Minutes April 4, 2018 IV. Chair Report V. Public Hour - Hearing of Citizens VI. VII. Land Development Plan - None Community Planning A. Zoning Map Amendment for 401 South Pugh Street from ROA to C HFL Corporation, owner of the convenience store known as Fresh-n-Fill located at 401 South Pugh Street, is requesting a proposed change to the zoning map. The applicant s request is for this parcel only, which is currently zoned ROA (Residential Office A). The owner would like the parcel to be changed to C (Commercial District). On April 2, 2018, Borough Council was asked to receive and forward the request to the Planning Commission for review. The owners representative and consultant will attend this meeting to present this request. Afterwards, Planning Commission should discuss the request and move forward with a recommendation for Council. Attached to the agenda, beginning on Page 9, are the items Council received, as well as a section of the zoning map and relevant sections of the zoning ordinance.

3 Page 2 of 36 A planning document that maybe helpful for the Commission s discussion is the Highland Neighborhood Plan Recommendations. This document can be located via the link below: Planning Commission Action: The Planning Commission should receive the request and presentation, discuss and forward a recommendation to Council. VIII. Official Reports and Correspondence A. Borough Council B. Land Development Plans C. Staff Updates IX. Upcoming Meetings Wednesday, May 2, 2018, at 12 p.m. X. Adjournment

4 Page 3 of 36 Meeting Minutes State College Borough Planning Commission April 4, 2018 The State College Borough s Planning Commission (PC) met on Wednesday, April 4, 2018, in the Municipal Building, 243 South Allen Street, State College, PA. Chairman Boniface called the meeting to order at 12:01 p.m. Members Present Zoe Boniface, Chairman; Anita Genger, Vice-Chairman; Charles Dumas; Scott Dutt; Jon Eich; Richard Kalin; and Michael Roeckel Others Present Anne Messner, Planner/Zoning Officer; Jenna Wargo, Planner; John Wilson, Zoning Officer; Amy Kerner, Borough Engineer; Judy Altieri, Office Manager; and other interested parties and students Approval of Minutes Mr. Dutt motioned to approve the March 22, 2018 meeting minutes. Ms. Genger seconded the motion, which was unanimously approved. Chair Report No report given at this meeting. Public Hour - Hearing of Citizens Susan Venegoni, 323 W. Fairmount Avenue and Vice President of the Highland Civic Association, requested current bed counts associated with the new development projects. She noted concern about parking levels. Ms. Messner indicated zoning looked at the number of bedrooms, not people, and she did not have that information available. She indicated the Centre Region Code Administration offices would determine headcounts during the occupancy certification process. Mr. Eich noted he had recently put some of that information together and he presented those preliminary numbers to Ms. Venegoni and the PC. Ms. Venegoni then asked about possible plans for additional hotel space in any of the new developments. Ms. Messner noted no plans had been submitted. Community Planning Petition to Vacate a Portion of E Alley Between Hill Alley and Prospect Avenue Ms. Messner noted Borough Council (BC) had referred a signed petition for the vacation of a portion of E Alley to the PC for review and recommendation. She noted staff s review determined the Borough had no interest in the opening of the alley. Ms. Kerner noted there were three property owners involved, all of which had submitted signed petitions. She indicated the Borough would seek an easement agreement after the vacation to maintain the stormwater sewer located in the alley. Several PC members asked questions regarding existing parking restrictions and the possibility of parking expansion once the alley was vacated. Ms. Kerner stated the property owners would be required to submit a plan for parking and they would also need to provide access to the stormwater inlet. She indicated she envisioned some grading before the

5 Page 4 of 36 area could efficiently be used for parking and there was a potential to gain five additional parking spaces. She also noted it was the Fraser Street property owner who had inquired about the possible parking expansion. Ms. Messner noted parking would be reviewed by the Zoning Department and a parking design would not be considered until the easement agreement had been put into place. There were no requirements to provide landscape screening for a duplex. Ms. Kerner noted there were stormwater requirements to consider when paving and the Borough s requirements were consistent with the other State College townships. She noted the Borough s ordinance was designed to not create a hardship, but revision was forthcoming with the MS4 permit process in She indicated stormwater thresholds would be tightened. Mr. Kalin asked if the property owners had submitted plans for the acquisition of space. He wondered if the additional yard space would allow them to add more parking area. Ms. Messner noted expansion was limited in the R2 district and it would fall within the 12% rule (parking area could be no more than 12% of the lot size). David Stone, 539 E. Foster Avenue, asked if there would be a public hearing on the matter. Ms. Messner explained BC would conduct a public hearing and the PC would not review the matter again. She also indicated the property owners were not required to speak, but they would be given the opportunity. Mr. Stone stated the public hearing should be a matter of policy regardless of how an alley vacation process started. He also stated property owners should be required to disclose their plans for the acquisition of the space. He noted his concerns were focused on parking and stormwater runoff. Ms. Venegoni stated the property was within walking distance of her home and thought the property owners had previously submitted a plan to expand the structure. She wondered if that plan could increase occupancy (and parking). Ms. Messner noted the owners had submitted a non-conformity expansion request about three years ago that was reviewed by the Zoning Hearing Board (ZHB). The ZHB subsequently granted the variance. She noted the variance would not expire, but they had not yet gone forward with construction. Mark Huncik, 505 E. McCormick Avenue and President of the Highlands Civic Association, noted he had been paying closer attention to parking in the Borough and the vacation raised some questions related to that issue. He indicated he would hold his comments on the matter until the public hearing. Mr. Kalin suggested the Borough s efforts to sustain owner-occupied homes in the neighborhoods (a $5,000,000 project), might be counterproductive if the alley vacations lead to increased occupancy and more parking issues. Ms. Boniface confirmed the Borough was not required to hold a public hearing in this case, but had chosen to use that mechanism. Ms. Messner indicated there were numerous alleys in the Borough in this situation. She noted the alleys only exist on paper and the Borough has no real interest in them. She noted the Solicitor s presentation demonstrated there were multiple timelines when a municipality could formalize an alley to allow for continued public accessibility. She noted this was another case where the Borough did not ordain the alley and the property owners have petitioned the Borough for vacation. She noted the owners were following the proper procedures. Ms. Boniface asked the PC members for their recommendation. Mr. Kalin motioned to recommend to BC the Borough does not vacate the portion of E Alley (as presented); Ms. Genger seconded the motion.

6 Page 5 of 36 The motion passed in a 5-2 vote, with Ms. Boniface and Mr. Eich opposing. Request for Holly Alley Vacation between Fraternity Row and Clover Alley Ms. Messner reminded the PC they had received the referral for the Holly Alley vacation from Council on March 14, The PC had also received a presentation (as noted earlier) from Terry Williams, the Borough Solicitor, at their meeting on March 22. She reminded the PC the alley had been utilized for parking for quite some time. She also noted the existence of a sanitary and stormwater sewer located within the alley. After vacation, Borough staff would work with the property owners to obtain an easement agreement for the maintenance of those utilities. Lastly, she noted the Borough had no interest in the opening of the alley. Ms. Boniface stated the Borough was requesting the vacation and encourage everyone to review the Solicitor s presentation on vacations. She preceded to summarize her conclusions from the questions Mr. Williams highlighted during the presentation. Was the alley ordained No Was there access to a paved street Yes Had the Borough claimed the alley at any point in time No Was the Borough using eminent domain to gain access No Was there any history of the alley being used as a public street No Was there any adverse action (additional structures, etc.) taken by the property owners No What does the deed description indicate Unknown What facts were discovered as part of the planning review The review determined the alley was never dedicated/ordained. The Borough was not obligated to schedule a public hearing for this instance, but a hearing would be scheduled so all comments could be heard. Will an easement agreement be needed Yes She also noted several general issues were being discussed as part of the ongoing matters traffic and parking volumes, as well as pedestrian safety. She indicated the factual record would be very important for this case. Several PC members asked questions specific to parking. Ms. Messner noted the property owners could maintain one row of perpendicular parking to the sideyard and she was uncertain of the number of vehicles that could be placed. She indicated tandem parking was allowed at fraternities and a parking plan had not yet been submitted. She also noted a new design would require a landscaping buffer. Mr. Roeckel asked if it was possible to enforce the new parking requirements once the Borough vacated the property. Ms. Messner indicated there was no reason to believe there would be a problem, but if an issue presented itself, the Borough could issue a zoning violation. Mr. Eich noted access to Fraternity Row was not accessible from Holly Alley and wondered about Borough access. Ms. Kerner indicated a new curb cut would have to be established. Mr. Kalin wondered what would happen if the property owners refused to sign the easement agreement for the utility maintenance. Ms. Kerner indicated the property owners would become responsible for maintenance of the utility. Mr. Eich wondered how the property line would be established. Ms. Messner indicated that had not yet been determined.

7 Page 6 of 36 Mr. Stone said he was unclear as to why the Borough took it upon themselves to initiate the vacation. He also suggested the ordinance be changed to allow the PC to review alley vacation requests after the factual record was created. He noted the Solicitor s presentation indicated the factual record was not created until after the public hearing. He said more information was needed before decisions could be made. Ms. Boniface asked if BC would still hold a public hearing if the PC recommended no vacation for Holly Alley. Ms. Messner indicated Council could still consider the matter. Mr. Dumas suggested a public hearing was not necessary because the Borough was initiating the vacation. Ms. Messner indicated BC would likely have a public hearing on the matter. Several members of the PC debated the best way vehicles should be parked in the alley. Mr. Dutt noted any parking redesign would be dependent upon where the new property lines were drawn. Ms. Genger suggested the property owners submit a shared driveway agreement for review. Mr. Kalin stated if the neighborhoods wanted less cars on the street, they must allow for more parking on properties. Mr. Eich suggested the Borough update the ordinance to indicate which alleys had already been vacated. Ms. Venegoni stated there had not been any objections to the way the vehicles had parked in the alley for years. She also indicated she had personally walked and driven through the alley many times. She also suggested the ordinances be updated because there were several alleys that were not even mentioned. She noted the parking regulations were not being enforced and the Borough needed to get a handle on parking in the neighborhoods. Ms. Boniface reminded the audience the Borough never ordained the alley; therefore, they had lost rights (and the right for enforcement) for the property. Mr. Kalin noted he had not picked up on the nuance of the lost right for enforcement. Ms. Boniface asked Ms. Messner to get clarification on that point. Several PC members noted if the vacation request went to court, it would be heavily dependent on the factual record. Mr. Huncik noted Community Development Block Grant funds were used in 2000 for the stormwater management project in Holly Alley. He said the Borough should require the easement and consider maintaining a public right-of-way (ROW) in this case since federal funds were previously used. Mr. Stone suggested that mandatory versus voluntary public hearings on these matters could become a legal problem down the road. Mr. Eich suggested a public ROW (for pedestrians and bicycles) could be created if the Borough also incorporated Clover Alley. Eric Boeldt, 400 S. Gill Street, stated the alley and public ROW did not have to be open for vehicle traffic. He suggested a foot path and trees could make a nice pedestrian path. Ms. Boniface took a few minutes to go back through the talking points she brought to the meeting from the Solicitor s presentation. She noted the following: There was no history or evidence of the alley ever being used as a public street. She did, however, indicate this was an area of confusion for the PC members. She asked about possible adverse possession. Mr. Kalin suggested the property owners had been blocking the alley for 21 plus years. Mr. Roeckel noted the Borough had done work on the utilities in 2000.

8 Page 7 of 36 Ms. Boniface asked if the deed description mattered in this case. Mr. Eich suggested the information should be looked at to determine the exact location of Holly Alley. Ms. Boniface asked if the alley was currently open. Mr. Dutt noted a vehicle would have to drive off the curb at Fraternity Row. Ms. Boniface asked the PC if they were ready to make a recommendation on the matter. Mr. Eich motioned regardless of a yes or no vote on the vacation, that BC consider the issues being raised by the PC. He suggested there might be enough public use in the alley to start a process of eminent domain. Ms. Boniface asked Ms. Messner if that was an acceptable response to the matter. Ms. Messner noted it was. Ms. Genger then seconded the motion made by Mr. Eich. Mr. Kalin amended the motion to ask BC to consider a policy on whether more or less parking should be approved for these types of properties. Mr. Eich seconded the amendment; he noted the policy needed to provide guidance to staff and the PC. Ms. Boniface suggested the Transportation Commission might have an opinion on this matter. She also noted the issue should be addressed in the zoning rewrite project. The remaining PC members voted favorably (5-0) for the amended motion as noted above. Mr. Dumas and Mr. Roeckel had left the meeting before the vote took place. Official Reports and Correspondence Borough Council Ms. Messner reported BC had received a zoning district map change (to ROA) request for 401 S. Pugh Street (Fresh-n-Fill). She noted the change would slightly expand the commercial district and would be presented to the PC at their next meeting. She also noted that Ms. Boniface would present the PC s first quarter report to the BC next week. She stated staff was developing a story map (an online map that provided information on Borough land development). Mr. Kalin asked about the zoning rewrite project and suggested delaying the Fresh-n-Fill request until that project was complete. Ms. Messner noted staff was focusing on the text, but did anticipate some consolidation of districts. Land Development Plans Ms. Messner reported the Pattee and Paterno Library planned to submit a plan to fill in the courtyard area because of continued growth. Staff Updates Ms. Messner noted the Pennsylvania Historical and Museum Commission recently accepted the Borough s application for an Historical and Architectural Review Board. She indicated formal notification was forthcoming and staff was moving along with the process for planned implementation in the summer.

9 Page 8 of 36 Mr. Eich noted Centre Regional Planning Commission and Planning Association officials had recently met to set priorities. He indicated the development of integrated water resources was a top priority. He stated the agencies reviewed the revised draft of University Area Joint Authority s capacity report for the service area. He noted there was more than enough capacity. He also highlighted the approval of the Reuse Project, which would increase overall capacity to nine million gallons per day. He said the hard limits were associated with sewer discharge into Spring Creek, because of the limits for the Chesapeake Bay. Upcoming Meetings Wednesday, at 7 p.m. Wednesday, May 2, 2018 at 12:00 p.m. Adjournment With no further business to discuss, Chairman Boniface adjourned the meeting at 1:34 p.m. Respectfully submitted, Judy Altieri Office Manager

10 Existing conditions aerial view. Planning Commission Agenda Page 9 of 36

11 Page 10 of 36

12 Page 11 of 36

13 Page 12 of 36

14 Information presented to staff by the applicant on the rezoning request. Planning Commission Agenda Page 13 of 36

15 Page 14 of 36

16 Page 15 of 36 Section of Zoning Map 401 South Pugh Street Zoning Districts

17 Page 16 of 36 R-0A Residential-Office District Section Purpose. The purposes of the R-OA district are to: a. provide a mixture of low-density residential and office uses in those areas located between higher density and lower density zoning districts; b. facilitate the preservation and reuse of buildings that are contributing structures to a National Register Historic District; c. provide opportunities for non-residential uses that are compatible with the surrounding residential environment. d. encourage investment opportunities consistent with maintaining or enhancing the character of the neighborhood. (Ordinance 1567, June 4, 1998, Section 2.) Use Section. In this district, the land and structures may be used and structures erected, altered, enlarged and maintained for the following uses only: a. Any use permitted in the R-2 district. b. 3-family dwellings, not exceeding 2 bedrooms per dwelling unit. c. Bed & Breakfast establishments d. Day Care Center or Home (Child) e. Day Care Center or Home (Adult) f. Community Centers g. Personal Care Home for Adults (Small) h. Student Home i. Offices j. Mixed Use k. Off-street Parking Areas l. Rooming houses (not exceeding 5 persons per building) (Ordinance 1567, June 4, 1998, Section 2.) Section Lot Area, Width, Yards and Coverage. Each lot in this district shall comply with the following minimum requirements: XIX-D-R 1

18 Page 17 of 36 a. Lot Area 1-family...5,000 square feet 2 and 3-family...8,000 square feet All other uses...6,000 square feet b. Lot Width 1-family...50 feet 2 and 3-family...75 feet All other uses...50 feet c. Front Yard Depth - new construction Front yard setbacks for new structures shall be no more than nor less than 10 percent of the average front setback established by adjacent buildings along the street. The average shall be calculated from the front setbacks of the first two buildings along the street located on each side of the new construction. Off-street parking areas shall be setback 50 feet from the front property line and 5 feet from side and rear property lines. d. Side Yard Width All structures...6 feet e. Rear Yard Depth 20% of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall this be less than 15 feet f. Lot Coverage Maximum area that may be covered by buildings and other structures...40% Maximum area that may be covered with surface off-street parking areas including all driveways and aisleways...30% (Ordinance 1567, June 4, 1998, Section 2.) g. Minimum Open Space (all uses) 30% (Ordinance 1840, April 4, 2006, Section 11.) XIX-D-R 2

19 Page 18 of 36 Section Use of Nonconforming Buildings. Any structure in existence at the effective date of this ordinance which does not conform to minimum setback and height requirements may be used for any use permitted in this district provided all other requirements are met. (Ordinance 1567, June 4, 1998, Section 2.) Section Maximum Number of Residential Buildings. A maximum of one building for residential use is allowed on a single lot. (Ordinance 1567, June 4, 1998, Section 2, as amended by Ordinance 1714, November 26, 2002, Section 1.) Section Height. Building height contributes to the overall pattern and rhythm of a streetscape. The vertical character of the streetscape is important to maintain. Accordingly, the height of new buildings or building additions along the street shall be no more or less than 30 percent of the average of the heights of adjacent buildings along the street but in no case shall the upper limit of the height range exceed 35 feet. The average of adjacent buildings shall be calculated using the heights of the first two buildings along the street located on each side of the new construction. When any adjacent building exceeds 35 feet in height, 35 feet shall be used to make the average calculation rather than that building s actual height. Buildings located behind the front building facing the street are not required to be built to a height within the range but shall not be higher than the front building when measured and viewed from the street. No buildings or other structures (except for those provided under Section 503.d.2) shall exceed 35 feet. (Ordinance 1567, June 4, 1998, Section 2, as amended by Ordinance 1794, September 20, 2004.) Section Parking. As specified in Part H of this Chapter. Off-site parking for uses located in the C, General Commercial District, may be located in the R-OA district pursuant to Section 1807.d. (Ordinance 1567, June 4, 1998, Section 2.) Section Notice Prior to Demolition, Removal, or Razing. See Section 707 of this Chapter. (Ordinance 1567, June 4, 1998, Section 2.) Section Bed & Breakfast Establishments. Bed and Breakfast Establishments are permitted in R-OA provided: a. The total number of guest rooms shall not exceed 6 on any individual lot. b. Accessory buildings and detached garages used as one or more of the allowed guest rooms shall not contain cooking facilities. c. The length of stay per guest shall be limited to 14 days per 60-day period. d. Off-street parking areas and driveways shall comply with the standards specified in Part H of this Chapter subject to lot coverage limits applicable in the R-3H district. Driveways may be used as off-street parking areas except for that portion of a driveway located between the property line and the curb. e. One sign, permitted on each lot used for a Bed & Breakfast Establishment, shall: XIX-D-R 3

20 Page 19 of 36 (1) not exceed 3 square feet per sign face; (2) have no internal illumination; (3) be constructed of wood, stone, brass, ceramic or wrought iron; (4) if configured as a ground pole sign, not exceed 6 feet in height at its highest point, including all parts, braces, and supports; f. Meals for compensation may be provided only to guests of the bed and breakfast establishment. If meals other than breakfast or complimentary snacks are served, the owner must obtain any necessary permits from the State College Health Department. g. Lot area, lot width, setbacks, lot coverage, open space, height, and building size shall comply with the standards applicable in the R-3H district. h. The owner or manager shall maintain his or her primary residence on the premises. (Ordinance 1567, June 4, 1998, Section 2.) Section Child or Adult Day Care Center or Home. Day care centers or homes for children or adults are permitted in the R-OA zoning district provided: a. In addition to the parking requirements for any residential uses on site, there shall be 1 off-street parking space for each employee not living on the premises plus 1 off-street parking space for each 10 children or adults. b. The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania. c. For child day care centers there shall be an outdoor play area of at least 100 square feet per child enclosed by a fence with a minimum height of four feet. (Ordinance 1567, June 4, 1998, Section 2.) XIX-D-R 4

21 Page 20 of 36 C General Commercial District Section Use. Land and structures may be used for any purpose except the following: a. Any use where incineration, rendering or refining processes are involved or where special fire hazards are created. b. All industrial, assembly and manufacturing uses or the production of any goods, materials or merchandise, except those that are incidental to office, retail or service uses and such incidental uses that occur at the same premises where the office, retail or services uses are located. c. Automobile wrecking yard. d. Blacksmith or horse shoeing shop. e. Coal or coke storage. f. Contractor's shop, warehouse or material storage, except during the course of building construction. g. Lumber yards, saw, planing or woodworking mills. h. Bottling or distribution plant. i. Stone or monument works. j. And, in general, all those uses which may be obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise. (Ordinance 559, June 20, 1959, Section 1001, as amended by Ordinance 578, June 10, 1960, Article II, Ordinance 807, April 30, 1972, Ordinance 822, April 5, 1972, Section 1, Ordinance 834, December 4, 1973, Section 3, Ordinance 838, December 21, 1973, Section 3, Ordinance 1087, September 20, 1984, Section 1, Ordinance 1198, February 8, 1988, Section 18, Ordinance 1289, August 14, 1990, Section 4, and by Ordinance 1449, September 8, 1994, Section 2.) Section Exceptions and Modifications to Permitted Uses. a. Automobile sales, service and repair are not permitted unless: (1) Service and repair activities shall be conducted within an enclosed building; XIX-D-C.1

22 Page 21 of 36 (2) All service and repair shall be conducted within not less than 30 feet from the front of the building; (3) There shall be no openings toward adjoining R districts in the walls of the building housing the service and repairs. b. In-lieu parking is permitted as a special exception. c. Signs are permitted, as prescribed in Chapter XV of this Codification. d. Motor-vehicle-oriented businesses are permitted as a conditional use. e. Housing for elderly persons are permitted as a special exception, as set forth in Section 1007.c of this Chapter. f. Adult business uses are permitted as a conditional use. g. Pedestrian-Oriented Uses: 1. Definitions: a. Pedestrian-Oriented Uses: Are uses that stimulate pedestrian activities by being sidewalk-oriented and physically and visually accessible to pedestrians who are on the sidewalk. Pedestrian-oriented uses include uses such as retail, personal service shops, department stores, hardware stores, apparel stores, restaurants, theaters, and within the limitations set forth herein retail financial institutions including retail banking offices and brokerages, medical offices, and professional offices as defined in Section 1202 of the zoning ordinance. b. Ground-floor-frontage: Refers to the ground floor portion of a building measured from the exterior wall facing the street or alley for a specified uniform minimum distance into the building s interior. The term includes the full surface area of the exterior facing wall on the building s ground floor as well as the floor area behind the facing wall. c. Ground floor: For purposes of pedestrian-oriented-uses, ground floor refers to the first floor level within a building that is at or near street or alley level or is open to a plaza or open area on the street or alley side of the building. The plaza or open area may be below street or alley level. XIX-D-C.2

23 Page 22 of Location Pedestrian-oriented-Uses, subject to the terms and conditions specified herein, are mandated within the ground-floor-frontage portion of any building, except buildings used as churches or places of religious worship or instruction, whenever such building has frontage along the following street segments within the Commercial District: both sides of the 100 blocks of East and West Beaver Avenue both sides of the 100 block of South Allen Street west side of the 200 block of South Allen Street between Beaver Avenue and Highland Alley south side of the 100, 200, and 300 blocks of East College Avenue south side of the 100 and 200 blocks of West College Avenue both sides of the 100 blocks between College Avenue and Calder Way on the following streets: Fraser, Pugh, McAllister, Locust, and Heister east side of South Burrowes between College Avenue and Calder Way west side of Garner Street between College Avenue and Calder Way 3. General Requirements a. Minimum Depth Facing a Street: The minimum depth of the ground-floorfrontage portion of a building required to be used for pedestrian-oriented-use shall be 20 feet and the use shall extend across 100% of the building s width facing a street where such use is required along streets. b. Windows Required: Where pedestrian-oriented-uses are required, at least 50% of the surface area of the ground floor s exterior wall facing the street shall be devoted to windows affording pedestrian view into the ground-floor-frontage portion of the building. Areas devoted to service entrances and accesses are exempted from this requirement. c. Corner Buildings: The 50% window requirement may be waived on buildings located on corners where grade differential or other considerations make wrap-around compliance impractical. d. Service Entrance & Access: Where pedestrian-oriented-uses are required, service access is prohibited from the street side of a building except in situations where there is no other practical way to provide such access. Service entrances and accesses are allowed from alley sides. Shared service access and refuse storage areas are encouraged. Loading docks are discouraged. e. Church Exemption: Pedestrian-oriented-uses are not required on buildings used as churches or places of religious worship or instruction. XIX-D-C.3

24 Page 23 of Limitations on Use a. Medical Office & Professional Office: Medical offices and professional offices are prohibited from being located within the ground-floor-frontage portion of a building that is located in the pedestrian-oriented use district, except for that area along both sides of the 100 blocks of East and West Beaver Avenue and provided that no more than 15% of the cumulative building frontages on each side of the street per block face is so used. b. Retail Financial Institutions: Retail Financial Institutions, including retail banking offices and brokerages, are allowed as pedestrian-oriented-uses across the entire district provided that no more than 15% of the cumulative building frontages on each side of the street per block face is so used. c. ATMs: ATMs are permitted within the pedestrian-oriented-use area. However, the following restriction shall apply: The installation of the ATM shall not reduce the existing glazing or window area within the ground-floor-frontage of any existing building by more than seven percent and cannot reduce the total square footage of glazing or window area by more than twelve square feet. h. The following use restrictions apply to all ground floor frontages in buildings located within the area described herein: (1) residential uses of any type are prohibited; (2) at least the first 20 feet of a building s depth facing a street shall be occupied by a use other than parking or residential that is otherwise a permitted use in the Commercial District at that location. Driveway and pedestrian accesses to parking areas are allowed in this 20-foot area. The above building ground floor restrictions on residential and parking uses shall apply in all parts of the following area: (1) the west side of South Fraser Street, the east side of Sowers Street, the south side of College Avenue, the south side of Beaver Avenue; and (2) South Allen Street from Beaver Avenue to north side of Highland Alley. (Ordinance 1289, August 14, 1990, Section 5, as amended by Ordinance 1318, March 14, 1991, Sections 1 and 2, Ordinance 1570, July 24, 1998, Ordinance 1692, January 9, Ordinance 1876, August 6, 2007, Section 1, and by Ordinance 2063, October 12, 2015, Section 1.) XIX-D-C.4

25 Page 24 of 36 Section Lot Area, Width, Yards and Floor Area Ratio. Each lot in this district shall comply with the following minimum requirements, except as otherwise provided: a. Lot Area. Per Family: 1-Family Dwelling: same as in R-4 district. 2-Family Dwelling: same as in R-4 district. Multiple Dwelling... no specified amount Commercial Establishments: no specified amount. Personal Care Boarding Home for Adults: no specified amount. b. Lot Width minimum of 25 feet c. Front Yard Depth. (1) College Avenue (south side), Allen Street (between College and Beaver Avenues): 18 feet, measured from the curb. Exception: Where a subject lot is situated between 2 adjacent lots and each adjacent lot has a main building situated within 5 feet of the subject lot s side property lines, the front yard depth of the subject lot may be the average depth of the front yards of the 2 adjacent lots provided that: (a) no portion of the building on the subject lot within 36 feet of the curb face exceeds 45 feet in height; and (b) at least 10 feet of clear space is maintained for a public sidewalk at the subject lot between the front of the building and the curb face. (2) 7.5 feet between Calder Way and Beaver Avenue, measured from the curb line for streets meeting all of the following criteria: (a) have rights-of-way of 40 feet in width; (b) are located entirely within the Commercial zoning District; (c) have a street length which does not exceed 475 feet; (d) does not extend north of College Avenue or south of Beaver Avenue; and, (e) the depth of the block extending between the said street and other parallel street is 250 feet or less. (3) All other streets: 15 feet, measured from the curb. XIX-D-C.5

26 Page 25 of 36 d. Side and Rear Yard Depth (Not Abutting an Alley). Side and rear yards which do not abut an alley shall be subject to the following yard depths, except as provided for in Section 502.f(10): (1) No side yard is required for the first floor; codes. (2) For floors above the first floor, sufficient to comply with applicable building e. Side and Rear Yard Depth (Abutting an Alley). Side and rear yards which abut an alley shall be subject to the following required yard depth, except as provided for in Section 502.f(10) and Section 1803.e(1) through (3) and 1803.e(5): 10 feet clear and unobstructed to a height of 14 feet above grade. The required side or rear yard depth may be reduced to 5 feet clear and unobstructed to a height of 14 feet above grade for yards which abut alleys between College and Beaver Avenues, subject to the following conditions: (1) A 5-foot wide sidewalk is constructed to Borough standards along the full length of the side or rear lot line abutting the alley right-of-way; sidewalk; (2) A 5-foot utility easement is located in the same area as that occupied by the (3) A clear and unobstructed square space at least 15 feet per side shall be reserved as a utility easement, the location of which shall be subject to approval by the Borough Engineer to insure public access; and, (4) Space for refuse collection, as provided for in Section 2001.c. (5) On the north side of the intersection of the following alleys and Calder Way, 25 feet measured from the north right-of-way line of Calder Way to the building face and extending 25 feet in either direction, measured from the center line of the intersecting alley: Cresson Alley Miller Alley Kelly Alley Humes Alley f. Floor Area Ratio. The maximum floor area ratio for structures or portions thereof in this District used for residential purposes, except as otherwise provided, shall be: (1) 2.00 in that portion of the Commercial District bounded by the east side of Fraser Street, the west side of McAllister Street and the north side of Beaver Avenue. XIX-D-C.6

27 Page 26 of 36 (2) 2.50 in the following portions of the Commercial District: (a) that area bounded by the east side of McAllister Street and the west side of Sowers Street; (b) that area bounded by the west side of Fraser Street and the western boundary of the Commercial District; and, (c) that area south of Beaver Avenue. (3) 3.00 in that portion of the Commercial District bounded by the east side of Sowers Street and the eastern boundary of the Commercial District. Basement areas and portions of a lot used for required parking would not be included when calculating the FAR. (4) The permitted residential FAR may be increased, as indicated in the following schedule for housing for the elderly and/or disabled, provided said housing is maintained as housing for the elderly and/or disabled for a period of at least 15 years: (a) a FAR increase of 1.0 for that portion of the commercial district with a base FAR of 2.0 for residential uses; (b) a FAR increase of.75 for that portion of the commercial district with a base FAR of 2.5 for residential uses; and, (c) a FAR increase of.50 for that portion of the commercial district with a base FAR of 3.0 for residential uses. (Ordinance 559, June 20, 1959, Section 1002, as amended by Ordinance 569, March 8, 1960, Section 1, Ordinance 597, August 9, 1961, Sections 1 and 2, Ordinance 941, September 11, 1978, Section 128, Ordinance 974, April 21, 1980, Ordinance 992, January 8, 1981, Ordinance 1034, December 10, 1982, Section 10, Ordinance 1179, August 10, 1987, Ordinance 1289, August 14, 1990, Section 6, Ordinance 1317, March 14, 1991, Sections 1, 2 and 3, Ordinance 1320, March 14, 1991, Section 2, Ordinance 1371, May 6, 1992, Section 6, Ordinance 1409, April 22, 1993, Sections 1 and 2, Ordinance 1589, March 23, 1999, Ordinance 1797, November 22, 2004, Section 1., and by Ordinance 1840, April 4, 2006, Section 27.) Section Building Height. The use of sculptured building tops is encouraged in the Commercial District. Sculptured building tops are intended to promote visual interest and variety in the commercial district. Enclosure of mechanical equipment on the roof (and its integration into the design of the building as a whole) is encouraged. The space or area within the sculptured top shall be non-habitable. Accordingly, non-habitable sculptured roof areas, designed to enclose mechanical equipment or to provide other design features, shall be allowed XIX-D-C.7

28 Page 27 of 36 to extend a maximum of 10 feet above the permitted building height for any building within the commercial zoning district. The maximum heights of structures in this district, except as otherwise provided, shall be: a. In those areas bounded by (1) the east side of Burrowes Street, the south side of College Avenue, the east side of Hiester Street, and by the north side of Calder Way; (2) the east side of Kelly Alley, the south side of Calder Way, the west side of Humes Alley, and the north side of Beaver Avenue; and (3) in that area generally within a distance of 200 feet westward measured from the west side of the right-of-way along the 200 block of South Allen Street and 200 feet eastward measured from the east side of the right-of-way along the 200 block of South Allen Street between the south side of Beaver Avenue and the north side of Highland Alley: 4 stories not to exceed 45 feet. b. Buildings and structures in all other areas of the C District: 65 feet, except as provided for in Section 503.d(2), Exceptions, and Section 2001.e(4), Telecommunications Facilities. (Ordinance 559, June 20, 1959, Section 1003, as amended by Ordinance 696, October 4, 1966, Section 1, Ordinance 1121, December 5, 1985, Ordinance 1261, November 21, 1989, Section 3, Ordinance 1289, August 14, 1990, Section 7, Ordinance 1319, March 14, 1991, Ordinance 1409, April 22, 1993, Sections 3 and 4, Ordinance 1592, April 8, 1999, Section 1 Ordinance 1597, June 17, 1999, Section 1, and by Ordinance 1880, November 5, 2007, Section 4.) Section Adult Business Uses as Conditional Use. a. Conditional Use. Adult business uses, as defined herein, are permitted in the C District as a conditional use subject to the specific criteria expressed herein when approved by Borough Council. In granting its approval, Council may attach reasonable conditions and safeguards as deemed necessary to protect the public welfare. b. Procedures. (1) Submission. Applications for a conditional use permit for an Adult Business Use shall be made to the Planning Department at least 15 days prior to the public meeting date of the Planning Commission at which time the application will be received and reviewed. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a. (2) Council Action. Municipal Council shall receive and consider the application for the Adult Business together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards XIX-D-C.8

29 Page 28 of 36 and criteria herein for Adult Business Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision. (3) Termination of a Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant. (4) Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval. c. Other Requirements. All storage and displays shall be located within the building. All business transactions on the premises shall be conducted within the building. No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of Borough Council. In no case shall opaque covering of display windows be permitted. All new construction shall be in keeping with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use. Not more than 1 type of Adult Business use, as defined herein, may operate on any lot. Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building. In adult mini-motion picture theaters, no openings are permitted through walls separating private viewing booths. d. Signs and Other Visible Messages. In addition to the regulations of the State College Sign Ordinance and applicable state laws, the following shall apply to all adult business uses: XIX-D-C.9

30 Page 29 of 36 Sign messages shall be limited to written description of material or services available on the premises. Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas. Adult business uses shall be limited to 20 square feet in sign area, with lettering on said signs not exceeding 4 inches in height. e. Locational Requirements. No adult business use shall be located within 1,000 feet of any other existing adult business use, measured from the property lines of the lot on which the Adult Business Use is located. No adult business use shall be located within 250 feet of any residential zoning district or within 250 feet of the lots on which the following uses are located: Churches, monasteries, chapels, synagogues, convents or rectories. Schools up to and including the 12th grade and their adjunct play areas. Public playgrounds, public parks, public swimming pools and public libraries. f. Statement of Ownership. Applications for a conditional use permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate director, or corporate stockholder owning more than 3 percentum of the issued and outstanding stock of a corporate applicant, comprising the applicant, to include the following: (1) Name, residence address and social security number; (Ordinance 1056, August 3, 1983, Section 3, 270 as amended by Ordinance 1289, August 14, 1990, Section 9, and by Ordinance 1840, April 4, 2006, Section 14 and 15.) Section Motor-Vehicle-Oriented Businesses (MVOBs) as a Conditional Use. a. Standards and Criteria. MVOBs are permitted as a conditional use in the C District pursuant to the following expressed standards and criteria: (1) Location: MVOBs are permitted within the "C" Commercial District except within that portion of the district bounded on the west by the east side of South Burrowes Street and on the east by the west side of Sowers Street. XIX-D-C.10

31 Page 30 of 36 (2) The MVOB uses are permitted only as an accessory to the primary use of the lot or building. (3) Any facility providing services to a motor vehicle in a short period of time, such as but not limited to gasoline filling stations, self-service gasoline stations, car washes, etc., is expressly prohibited as a new MVOB use in the "C" Commercial District. (4) Drive-in restaurants are prohibited as a new motor vehicle oriented business use in the "C" Commercial District. district. (5) Lot area and width shall comply with the minimum standards set forth for the "C" (6) All MVOB uses and facilities must be located inside the main building on the lot. (7) Driveways serving an MVOB use shall not be located closer than 150 feet to driveways serving any other MVOB use on adjacent lots. The distance shall be measured between the nearest edges of the driveways at the points where they intersect the same public right-of-way, regardless of which side of the right-of-way the driveways are located. (8) Egress from MVOBs shall not intersect with a public right-of-way closer than 50 feet from any intersection of 2 or more public rights-of-way. (9) Driveways serving MVOBs are prohibited from intersecting with the following rights-of-way: (a) Atherton Street (b) Beaver Avenue (c) Burrowes Street (d) College Avenue (e) High Street (10) No more than 1 MVOB use is permitted per lot. (11) No more than 1 service window and lane is permitted per MVOB use. (12) A driveway or aisleway shall be provided to serve as a vehicle queuing lane for the drive-through service window. Such queuing lane must conform to the standards set forth in Section 2406 for driveways or Section 2404.b for aisleways. The queuing lane shall provide a minimum length of 70 feet before the service window and 30 feet after the window. These distances shall be located within the confines of the lot where the MVOB use is located. XIX-D-C.11

32 Page 31 of 36 (13) MVOB uses shall not generate more than 105 vehicle trips per day to and from the MVOB site nor shall the MVOB use generate more than 20 vehicle trips to and from the MVOB site during any 60-minute period of operation. (14) All utility lines on the site shall be installed underground or within buildings. (15) Council may require curbing, lighting, sidewalks, traffic-control devices and limitations on the hours of operation to ensure that traffic generation does not impede the orderly flow of vehicular or pedestrian traffic or produce unsafe conditions on the premise or adjacent public rights-of-way. b. MVOB Permit Application Procedures. (1) Submission. Applications for a conditional use permit for a MVOB use shall be submitted to the Planning Department at least 15 days before the date of the public meeting at which the Planning Commission will receive and review the application. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a. (2) Council Action. Municipal Council shall receive and consider the application for the MVOB together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards and criteria herein for MVOB Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision. (3) Termination of the Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant. (4) Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval. (Ordinance 1289, August 14, 1990, Section 11., as amended by Ordinance 1840, April 4, 2006, Sections 16 and 17.) XIX-D-C.12