Agenda
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- Hello, we are calling to order the meeting
[0:56]
of the State College Borough Planning Commission
[0:59]
for August 6th, 2025 at noon.
[1:03]
Roll Call. I am Zoe Boniface, vice chair acting as chair
[1:08]
because Ron Madrid is not present in the room.
[1:13]
Ron Madrid
[1:15]
- Here - Is present long over the internet.
[1:20]
Anita here. Dan man
[1:24]
- Here.
[1:25]
- Okay. He is also online. Tony Sapia Here.
[1:31]
Curtis Schulman.
[1:33]
Great approval of minutes from July 17th.
[1:37]
Any comments or corrections?
[1:46]
Hearing none. May I have a motion to approve?
[1:49]
Motion approve. A second. Second. All in favor say aye.
[1:54]
A Aye. Aye. Opposed? Okay.
[1:59]
Sorry about that. We're not, we're still in session,
[2:04]
but the meeting, but the minutes are approved.
[2:06]
- Question on Zoom. - Did you have a question, Ron?
[2:12]
Or were you just approved? Yes,
[2:14]
- I had a, no, I had a, I had a change on the minutes.
[2:19]
- Oh, - But I'll,
[2:22]
- Oh, I'm sorry.
[2:23]
I missed that.
[2:26]
- You can go ahead and reopen. - Go ahead.
[2:27]
Yeah, we can reopen this. What, what is your concern?
[2:32]
- Page seven under PC comments. The fourth bullet.
[2:37]
My comment said increase building in regards
[2:40]
to building heights from two to five stories.
[2:43]
It should be nine to 11 versus two to five.
[2:48]
- Thank you. So
[2:54]
- Motion to, just a motion to approve.
[2:56]
- Can we make Yeah. Mo a motion
[2:58]
to approve the minutes with this correction.
[3:01]
So moved. So moved. Okay.
[3:03]
And we've got a second from Tony
[3:05]
and then we will go on.
[3:08]
Sorry about that Ron. I did not see your hand. Okay.
[3:13]
Chair report. I will only mention
[3:16]
that we have two more planning commission meetings
[3:20]
and two more meetings that are devoted to review
[3:23]
of these new
[3:27]
proposed Zoning matters.
[3:32]
And if you really care about this stuff,
[3:36]
this is the time to come talk
[3:38]
or to put comments
[3:40]
online, public hour.
[3:44]
If there is anyone here
[3:46]
or online who would like to speak
[3:49]
to the planning commission on a matter that is not
[3:51]
of today's agenda, this is your opportunity.
[3:57]
Come up and say who you are, where you live.
[4:01]
- And I would say pretty much all the
[4:03]
Zoning ordinances on the agenda.
[4:04]
So if it's about Zoning, save it for the presentation.
[4:07]
- I do have a few things which I do not think are covered in
[4:09]
the agenda minutes, but feel free
[4:10]
to stop me if that's not the case.
[4:12]
My name is John Gardner homeowner in West College Heights,
[4:15]
Hillcrest Avenue, Dr. John Gardner, excuse me.
[4:18]
And I'm also a member of the Transportation Commission
[4:21]
with Susan Vango back there.
[4:23]
So the thing that I specifically wanted to address is just
[4:26]
how boring, unpleasant,
[4:27]
and unattractive West College Heights is.
[4:29]
It has only ugly single family homes.
[4:32]
It doesn't have any shops, it doesn't have any restaurants,
[4:34]
it doesn't have any attractive apartment buildings.
[4:36]
And I think the thing that really should be looked at is the
[4:40]
buy right legalization of owner o operator corner stores.
[4:44]
This is something that is sweeping,
[4:46]
especially the West coast as they attempt
[4:47]
to re legalize stores that were already in operation.
[4:51]
I think the, the biggest places are Spokane and Seattle.
[4:53]
And what they did was way back in the day, historically,
[4:57]
there were always corner stores so the people didn't have
[4:59]
to hop in a car and drive all the way through town to get
[5:01]
to a mega box grocery store.
[5:03]
If they needed a, a quick cup of coffee
[5:05]
or, or, or some groceries.
[5:06]
They could pop down to the corner store
[5:08]
and make a, a walking trip instead of a, a driving trip.
[5:12]
But that's specifically my point about West College Heights.
[5:14]
There's nothing there. It's an absolute cultural desert.
[5:17]
The only good part of the neighborhood is the bicycle trail
[5:19]
to get out of the neighborhood,
[5:20]
to go to other places to do things.
[5:22]
It is exclusively an institutionalized bedroom.
[5:25]
And so I think that a really important thing, especially
[5:27]
for addressing climate change and a change
[5:29]
and improving the feel of the communities is
[5:32]
that you should really seriously address buy right corner
[5:35]
store legalization such that any corner lot would be allowed
[5:39]
to do, to have a corner store.
[5:41]
Not necessarily something that big developers have
[5:43]
to come into, but if somebody wants to convert a house and,
[5:45]
and make their downstairs into a coffee shop,
[5:48]
I see no reason why that shouldn't be something
[5:50]
of extreme importance.
[5:51]
And then also just in general, I think that R one
[5:53]
and R two should be completely abolished.
[5:55]
There's no reason for having ranch style homes in the middle
[5:58]
of a, a dense urban core.
[6:00]
And then the last thing I wanted to address,
[6:01]
which I don't think is on the agenda today, is students,
[6:05]
I know that a student occupation is extremely limited to,
[6:09]
to a very small area of downtown.
[6:10]
I personally found that very difficult and annoying
[6:13]
because when I moved here, excuse me, for graduate school,
[6:16]
I was under the age of 25.
[6:17]
And that extremely
[6:19]
and artificially shrank the number of places
[6:21]
that I was legally allowed, allowed to live
[6:24]
really only being penned into a a, a student, a stockyard,
[6:28]
or going obscenely far outta the Borough.
[6:30]
And that's ultimately why we ended up having
[6:32]
to choose the place where we did.
[6:33]
So I think that that is unnecessarily restrictive.
[6:35]
It is in the name State College.
[6:37]
The community thrives off of the university.
[6:39]
So we should therefore be welcome to the students
[6:42]
that allow us to exist.
[6:43]
So thank you very much. Those are my comments.
[6:46]
- Okay, - Zoe,
[6:47]
we do have someone online who'd like to speak.
[6:49]
- Okay, let's go ahead.
[6:55]
I don't see, I'll,
[6:57]
- I'll allow them to talk in a second.
[6:58]
- Okay. Alright. Okay.
[7:02]
- John Chu, you can go ahead and speak now.
[7:06]
- Yes. Hi, can you hear me okay?
[7:08]
- Yes. And I'm, I'm, I've been instructed
[7:11]
to put people on the four minute timer.
[7:13]
This is no comment on our first comment of the day.
[7:16]
Go ahead.
[7:17]
- All right. Well I've,
[7:20]
if you haven't been reading your emails,
[7:22]
I've been the reporter from the Daily Collegiate
[7:24]
that's been trying to reach out to a Mr.
[7:26]
Sapia for comment about the future land use map
[7:32]
from the CRPA.
[7:34]
I haven't gotten any responses back, so I just wanted
[7:38]
to remind you guys about it
[7:40]
and if you, any, if he's willing to speak about it
[7:44]
and if,
[7:46]
and if any of you guys are willing to speak about it
[7:48]
as well, you can just contact me at
[7:52]
JWC 64 ninety6@psu.edu.
[7:55]
That's all. I just wanted to say, this
[7:58]
probably doesn't have anything to do
[7:59]
with the agenda right now.
[8:00]
It's just wanted to put that out there.
[8:02]
So thank you for giving me the time to speak.
[8:06]
- Okay. Anyone else?
[8:15]
Hearing none, we will go on.
[8:26]
Okay. So we are now going on
[8:30]
to review our new Zoning Ordinance.
[8:34]
Today we are looking to re review the,
[8:39]
summarize the residential districts sections
[8:44]
that were introduced last month and,
[8:50]
and then we'll have some recommendation,
[8:52]
discussion and refinement.
[8:55]
Okay. The Ordinance is available online
[8:59]
and instructions
[9:00]
for submitting public comments are available on the webpage.
[9:04]
You can submit comments digitally at any kind
[9:08]
to zone State College at State College pa
[9:11]
us. Go ahead.
[9:15]
- Okay. Thank you Zoe. Good afternoon everyone.
[9:18]
So for today we're,
[9:20]
we'll do our normal introduction again just
[9:22]
to make sure everybody has the same information, both about
[9:25]
how to provide comments
[9:28]
and also to review the material that's online.
[9:30]
The, the page that we have
[9:32]
where we're putting everybody's
[9:33]
online comments is getting lengthy.
[9:36]
So if you have not had a chance to read any
[9:38]
of that, please take a look.
[9:40]
There's a lot of material in there.
[9:42]
We're also, as Zoe said, we're gonna focus today on
[9:46]
summarizing the comments that we've received related
[9:48]
to the residential districts.
[9:50]
We're gonna talk specifically about accessory dwelling units
[9:53]
'cause we just got that text right before the last meeting.
[9:56]
And then also just kind of preview
[9:58]
what we think will be happening for the eight 14
[10:00]
and 8 21 meetings.
[10:02]
And talk a little bit about transitional zones as well.
[10:04]
We had an opportunity to sit down with Susan Vanoni on some,
[10:08]
some of her map changes and comments.
[10:10]
We wanna run a few things by you as well.
[10:12]
So again, why are we doing this as far
[10:16]
as the major objectives for the rezoning revision?
[10:19]
And that is to increase housing opportunities period, both
[10:22]
for market rate and affordable housing
[10:24]
and tenants, both for home ownership and rental tenants,
[10:27]
and also for long-term residents and students.
[10:30]
I wanna just take a moment.
[10:32]
There's been a lot of comments about affordable housing and,
[10:34]
and I just think it's important and,
[10:36]
and Ron mentioned this at the last meeting
[10:38]
to recognize we're talking about increasing housing
[10:41]
opportunities, more units.
[10:42]
That doesn't mean that they will be necessarily affordable.
[10:45]
In fact, unless you're using something like the mandatory
[10:47]
inclusionary housing Ordinance, probably not going
[10:50]
to make them affordable.
[10:51]
So I just wanna be clear that this is
[10:53]
about creating more opportunities.
[10:55]
Those communities that have done significant increases in,
[10:58]
in, you know, significant changes in Zoning
[11:00]
to allow increases for more residential units, have seen
[11:05]
rates of rent not increase as fast,
[11:07]
but the idea that rent will be declining
[11:09]
and we see significant downward pressure.
[11:11]
I just wanna be clear, we don't think that we'll see that,
[11:13]
especially not early days.
[11:15]
So I just wanted to be clear about that
[11:18]
'cause there's been a lot of discussion about this, that
[11:20]
by doing the Zoning we
[11:22]
will suddenly have affordable housing.
[11:23]
And I, I think it's important to notice that, that that's,
[11:26]
these are large scale market forces.
[11:28]
You may see more affordable housing
[11:30]
outside the Borough further away
[11:33]
because you may seem, you know,
[11:34]
obviously there's more demand for housing,
[11:37]
especially student housing closer to campus.
[11:39]
So just wanted to be clear about that
[11:41]
because there's, we had a lot of comments kind
[11:44]
of all over the map related to that topic.
[11:48]
Second thing is to support, really try
[11:51]
to support our thriving downtown commercial districts
[11:53]
and walkable neighborhood business districts.
[11:55]
To Mr. Garner's point earlier, looking at ways,
[11:58]
and we're gonna talk later today about maybe being more
[12:00]
permissive with some uses throughout the residential zones.
[12:04]
And then finally to do a better job calibrating our parking
[12:06]
requirements since we, you know, we, we've tried to
[12:10]
reduce the amount of at least residential parking that's
[12:13]
required in the community.
[12:16]
Some other topics for the basis
[12:18]
for doing the Zoning revision
[12:20]
or the new ordinances to modernize it.
[12:22]
Make it easier to understand, to clear up ambiguities
[12:25]
and make the regulatory language easier to follow.
[12:29]
And also, again, maintain that diversity of,
[12:32]
of long-term residents and student re resident occupancy.
[12:35]
Knowing that the student housing market is so strong
[12:37]
that without trying to do other things to
[12:40]
maintain long-term residents, we would,
[12:42]
we would see a lot more of our single family
[12:44]
and duplexes convert to student housing.
[12:48]
A couple things about sort of when we're writing the code.
[12:50]
So we sort of, this is a test
[12:52]
for when we're looking at the Ordinance language
[12:54]
first, do we think it's legal?
[12:55]
And if we don't know if it's legal,
[12:57]
do we think we'd have a reasonable
[12:59]
expectation of success in court?
[13:00]
Obviously knowing that you never really know
[13:02]
until you're in court and a judge has made a ruling.
[13:04]
So secondly, is the language clear
[13:07]
and can it be something that staff can operationalize,
[13:10]
that we can enforce and can make sure
[13:11]
that the private sector understands what they are
[13:14]
and are not allowed to do with their property.
[13:17]
And then third is, is there a reasonable expectation
[13:19]
that these changes will actually lead to change,
[13:22]
that you will actually see the market respond
[13:25]
and build some of
[13:26]
what is now gonna be permitted in the Zoning
[13:29]
hunter view and comment.
[13:30]
So we have a entire Zoning page
[13:33]
dedicated to the new Ordinance.
[13:35]
And if you are interested in submitting, first of all, we,
[13:38]
we, this is, this is actually, it's gotten longer,
[13:41]
but this is where we're putting all of the public comments
[13:45]
as well as any petitions that we get.
[13:48]
And when I say petitions typically mean like a form email
[13:51]
where a lot of people send the exact same email just
[13:53]
with all the different addresses if you can,
[13:58]
we would really prefer the use
[14:00]
of a Excel spreadsheet to provide comments.
[14:03]
I'll be honest with you,
[14:04]
only a couple people have done that.
[14:05]
Both are in the room. And so for the most part we, we,
[14:09]
this is something we like,
[14:10]
but we, we know folks are not having the time to do it, so
[14:14]
just get us the, the best thing
[14:15]
that does help us is if you let us know the page
[14:17]
number that you're referencing.
[14:21]
We also provided some information to kind
[14:23]
of help you navigate the Ordinance.
[14:25]
So if you have comments, please provide 'em
[14:27]
to zone State College at State College, pa us
[14:30]
multiple staff, check that email frequently.
[14:35]
Also, we had the reporter ask about the Centre Region comp
[14:38]
plan and the future land use map.
[14:40]
So we did create a a page on our website that sort
[14:44]
of sends the viewer to the CRPA material.
[14:47]
And again, just to remind everybody,
[14:48]
if you have thoughts on the future land use map, please
[14:51]
go ahead and, you know, check into the online resources
[14:55]
that CRPA has provided.
[14:59]
Gonna go through sort of the timeline on where we're at.
[15:01]
So as Zoe said, we've got two more meetings after this
[15:04]
before hitting the deadline for recommendations
[15:06]
to Borough council.
[15:08]
So today we're gonna focus on summarizing residential, some
[15:12]
of the changes in the Zoning map and then ADUs
[15:15]
and a few other things like home occupations.
[15:17]
That's come up quite a bit.
[15:20]
The goal is to have a memo prepared.
[15:23]
We, we started it in sort of graphic form
[15:25]
or I'm gonna show you that at the end
[15:27]
of the presentation about what we think we're gonna be able
[15:29]
to provide, please see to help you guys make decisions on
[15:32]
the, hopefully on the 21st.
[15:34]
So our objective is to have a draft out to you
[15:37]
for the meeting on the 14th within having more time
[15:41]
to finalize it on the 21st.
[15:45]
We're on a show in terms of public involvement
[15:47]
and planning commission Zoning or vision committee in.
[15:50]
So this kind of the run of show is we're gonna go
[15:53]
through summary content related to residential
[15:56]
and ask for PC and ZA comments, then Public Comment.
[15:59]
Then we're gonna workshop the ADUs
[16:01]
and then we're gonna have some discussion on transitional
[16:03]
zones, a little bit on, on transitional.
[16:05]
So that those would be the three main chunks.
[16:08]
And again, finally we'll we will preview the agenda
[16:10]
for eight 14 and 8 21.
[16:12]
Does that make sense everybody? Alright. Okay.
[16:15]
So some changes to the Zoning map.
[16:17]
We've got it on the easel.
[16:19]
You're gonna see more, more zoomed in map soon.
[16:24]
So just hang in there. I know this is hard to see,
[16:26]
but I just wanna talk a couple broad things.
[16:28]
One is, one of the things that staff has wrestled
[16:31]
with is this mixed use district
[16:32]
and the fact that it didn't require more
[16:35]
than residential uses.
[16:36]
So we're, we're recommending that if we're doing mixed use,
[16:39]
that it should require at least two,
[16:41]
at least one non-residential use along with residential use.
[16:45]
And so thinking about that requirement led us
[16:49]
to move away from having mixed use up against the Highlands
[16:53]
R two district in the far eastern part of downtown
[16:55]
and instead just extending the RO zone,
[16:57]
which is already essentially where the, the area
[17:01]
around the, the, the church is.
[17:05]
So that that's one change.
[17:07]
The second is the RO area that is around boroughs, kind
[17:11]
of the 200 block the south boroughs right now
[17:14]
that's ro we'd be recommending that be mixed use
[17:16]
and it essentially that is able
[17:18]
to extend downtown another block in terms
[17:21]
of giving some more commercial uses based on the feedback
[17:24]
that we've gotten in the last couple meetings.
[17:26]
We also changed the map to move the
[17:30]
downtown central district up against the university
[17:32]
campus in the west end.
[17:34]
That seemed to be something that there was a lot
[17:35]
of discussion about as far
[17:38]
as wanting more density up against the university.
[17:40]
So it's reducing the West end district
[17:43]
to essentially just those parcels
[17:45]
that are fronting on West College
[17:47]
and then making the downtown central zone,
[17:50]
as you can see on the left hand side there,
[17:53]
run along basically the, the block
[17:55]
that is adjacent to campus.
[17:58]
So I think those are the main highlights on the changes.
[18:01]
And then again, we're gonna go over a few other things
[18:03]
as we get further into the presentation.
[18:08]
All right, just to, just to confirm,
[18:10]
we've discussed this a couple times now, is we wanted
[18:13]
to ensure that the dimensional standards
[18:15]
that are in the zone, there was a lot of back
[18:17]
and forth between how one family versus two family were
[18:20]
treated versus three and four.
[18:22]
So just trying to be consistent.
[18:24]
Also changing a lot with,
[18:26]
so we wanna talk a little bit about lot widths of
[18:28]
of going from 50 feet minimum lot width
[18:30]
and R two down to 40, talking about getting rid
[18:34]
of the R three B district and just sticking with R four.
[18:37]
Allowing R four to go to four stories with an incentive
[18:40]
for making sure the whole building is Lee Gold.
[18:44]
And also these neighborhood compatibility standards which
[18:46]
essentially limits the height of a multifamily or
[18:50]
or mixed use development
[18:52]
to three stories if it's within the R one
[18:54]
or R two zones within a hundred feet of the R one
[18:56]
and R two zones and to four stories within 150 feet.
[19:02]
So just to focus on the changes, what,
[19:05]
what we would recommend in the R two district you can see is
[19:08]
treating single family and duplexes the same in R two
[19:12]
and reducing minimum lot width from 75 feet to 50.
[19:15]
And then also doing the same with making sure that three
[19:19]
and four is also 50.
[19:22]
You can see maximum height in R two would still be two
[19:25]
stories and 28 feet In the R three district.
[19:30]
Dropping that minimum size from 50 down to 40.
[19:34]
And then again treating single family
[19:35]
and duplex the same, same thing in the R three H district
[19:40]
going from 50 to 40
[19:43]
and in our four we'd have,
[19:45]
we would actually create a minimum lot width of 40 feet
[19:49]
and then we would add an additional option to go
[19:51]
to four stories if there was a lead certification
[19:54]
for gold for the entire building.
[19:58]
Just to show that change of going from 50 to 40,
[20:03]
this is all of the minimum lot width at 50 feet
[20:07]
and you get about 4,500,
[20:11]
roughly 4,500 lots that are conforming.
[20:14]
If you go to 40, you end up with about another 400 lots and
[20:19]
and most of those are in our three H up toward the west end
[20:24]
or in the area that we call light's edition,
[20:26]
which is down sort of where Irvin Logan
[20:31]
kind of intersect with South Atherton,
[20:34]
Walnut, et cetera, Crestmont.
[20:39]
And these would be the areas that are R three B
[20:41]
that would go to R four and also
[20:44]
Foxdale, which is R three B.
[20:48]
And then again our suggestion is in that
[20:51]
that we change the neighborhood compatibility
[20:53]
to focus on R one and R two, not R three or R three H.
[20:58]
And this is where that would mostly then affect
[21:02]
increased height density.
[21:03]
So you see on the left side up on the west end.
[21:07]
So those parcels that are adjacent to R two on the far side
[21:10]
of west college that are
[21:12]
that west end district right now allows you to go up
[21:14]
to six stories in the Ordinance
[21:17]
because of that compatibility language
[21:19]
that would only allow those parcels to be three stories.
[21:22]
Same thing goes with the R four district at the edge
[21:25]
of the Highlands, that would be right now it,
[21:29]
the RO district allows up to four stories
[21:31]
because of that compatibility.
[21:33]
We only allow three stories in that area that's highlighted.
[21:39]
A couple other things that we've talked about
[21:41]
that we just wanted to get some clarity from planning
[21:43]
commission about is we've,
[21:45]
we've had some public comments about increasing standard
[21:47]
occupancy to go from
[21:50]
a family plus two unrelated individuals
[21:53]
to a family plus three
[21:54]
or to a total of four unrelated individuals in a property
[21:58]
and also allow third floor residence residential occupancy
[22:01]
and those that buildings that are existing.
[22:03]
So we have a lot of larger homes that are taller that go
[22:07]
above 28 feet
[22:09]
and above two stories,
[22:10]
which is the current minimum for our two.
[22:14]
And so this would permit that third floor occupancy.
[22:16]
We would suggest having some form controls in place
[22:18]
to manage, you know, fire escapes
[22:20]
or other egress, make sure that
[22:21]
that was not coming out the front of the building.
[22:24]
We would push that to the back,
[22:26]
but the numbers on the right kind of give you an idea of
[22:29]
how many additional housing opportunities
[22:31]
you would create by that change.
[22:33]
So you'd end up with a potential
[22:35]
of roughly 975 additional occupants.
[22:37]
Of those roughly 400 could be students
[22:41]
because of the properties that
[22:43]
that have student home permits.
[22:47]
So just graphical representation.
[22:52]
So a couple outstanding things
[22:54]
that have come up from public comments.
[22:56]
One is a number of folks have brought up the R one zone
[23:01]
and is that an opportunity to
[23:04]
increase housing opportunities?
[23:06]
Why do we still have the R one zone?
[23:08]
I can't tell you that answer as far as when it was created.
[23:12]
I haven't had a chance to go back
[23:13]
and look to see when that zone was originally created,
[23:16]
but it, it's a relatively small part of the Borough
[23:19]
and so there's been a number
[23:20]
of comments about just making everything R two
[23:22]
or in the end maybe we just make it all R one
[23:25]
with the R two standards.
[23:27]
We're trying to clean up some of the nomenclature of the,
[23:29]
of the districts as well.
[23:32]
Second is a question staff has is we've heard comments on
[23:36]
both sides of the equation about in in including
[23:40]
the deed restricted triplexes and quads in R two
[23:43]
or just removing that section from the Ordinance
[23:45]
or just removing it from R two and allowing it in R three
[23:48]
or some of the denser districts.
[23:50]
And we've had, there's been a lot
[23:52]
of comments on both sides of that equation.
[23:54]
So we would love to get some certainty from planning
[23:56]
commission on that in terms of what your recommendation is.
[24:00]
Third sort of discussion, there's been a lot
[24:03]
of comments about making home occupations more permissive.
[24:07]
I have a slide here a few minutes ago
[24:08]
and it's a little more detail on that,
[24:10]
but we'd like to get some direction on that.
[24:12]
Fourth, we've identified a couple places
[24:15]
where the neighborhood commercial Zoning district works
[24:18]
based on existing uses and so we're gonna show you that
[24:21]
but there it's really limited
[24:23]
and we're interested in if there's other ideas
[24:26]
and where to create that neighborhood commercial district,
[24:29]
which again is 3000 square foot maximum
[24:32]
building no more than three stories allows for mixed use.
[24:35]
But the idea being a small mixed use building
[24:38]
that would have commercial on the first floor.
[24:41]
And then finally discussing some of the additional form
[24:44]
and standards governing fraternities.
[24:45]
We've had a lot of comments on fraternities, so I wanted
[24:47]
to go over some additional revisions on that too.
[24:52]
Alright, so first is this is the R two
[24:54]
or the R one district, again the very light, light yellow.
[24:59]
And so there's been some comments about why and,
[25:02]
and right now you could really, from a use standpoint, most
[25:06]
of the uses are relatively the same in R one
[25:08]
and R two it's just different dimensional standards.
[25:10]
And R one has the country club.
[25:11]
So I don't think
[25:13]
that we're gonna see another country club created in R two.
[25:16]
So I don't see a whole lot of danger of making
[25:19]
that use permitted in R two,
[25:21]
but that, that's kind of the key difference
[25:24]
between R one and R two.
[25:25]
Besides in the draft,
[25:27]
R one does still have a minimum square footage requirement
[25:29]
for lots, which is 12,000 square feet
[25:32]
essentially just carries
[25:33]
through the standard center in today's Ordinance.
[25:35]
So just looking for some input if PC would like us
[25:39]
to remove this or leave it in and if so, any changes.
[25:48]
- Okay. - Anita,
[25:52]
- What I commented on was a lot
[25:54]
of R one looks exactly like R two if you drive through,
[25:57]
but parts of it out evergreen drive for instance, which is
[26:03]
the uppermost part of R one, there's a lot
[26:05]
of buildable land in there.
[26:08]
Now, if the homeowners
[26:09]
or landowners wish to keep it that way,
[26:11]
obviously they could.
[26:13]
But if we're looking for a place to put in more housing,
[26:16]
that one does seem usable.
[26:23]
- Okay. Anyone else from the planning commission?
[26:29]
Anyone else from the ZA?
[26:35]
Go ahead. Yeah, you can. Yeah,
[26:40]
- John Sep.
[26:41]
Okay, ed, I, I don't know if this is in the standards,
[26:45]
but historically there are some criteria in the R one
[26:50]
that carries through the other districts
[26:52]
and if you just, if you get rid of R one, just no.
[26:55]
- Yeah, so that, that's been one of the big objectives
[26:57]
for the whole Ordinance is if you'll permit me to geek out
[27:02]
for just one moment, our Zoning Ordinance is what's called
[27:05]
Euclidean and that is it, it builds upon e each district
[27:10]
as it gets denser or more intense.
[27:12]
And so a lot
[27:13]
of our Zoning is based on a whole lot of standards in R one.
[27:16]
Those standards have been pulled out
[27:17]
and actually done the right way,
[27:19]
which is a section of standards.
[27:21]
So it's not, I mean right now we have commercial standards
[27:24]
in R one, which makes no sense,
[27:26]
but that's just what's happened over time.
[27:27]
So yeah, to your point, a lot of, a lot of those things
[27:31]
that are in R one have been pulled into the standards
[27:33]
section and so they're no longer just in R one
[27:35]
that are standards that pertain
[27:37]
to whichever Zoning district they need to pertain to
[27:39]
or in a lot of cases they're now in use standards. So thank
[27:42]
- You.
[27:44]
- Yeah, so I'm just talking about R one from a dimensional
[27:47]
standard and a use standard standpoint.
[27:49]
So right now the basic difference is
[27:52]
that you've got larger lots and only single family homes.
[27:56]
- I, I should add too, a lot of cities have decided
[28:01]
that golf courses are not the best
[28:04]
general public community use of
[28:07]
land in densely built up areas.
[28:10]
Now we're talking about the country club land,
[28:13]
but there are other golf courses in this Borough
[28:16]
that could provide quite a bit of housing.
[28:18]
So that's something to think about.
[28:22]
- Well you also, we never know what this,
[28:23]
would the country club be interested in selling some
[28:26]
of their property for housing development?
[28:27]
You Well, yeah. I haven't had any
[28:29]
of those conversations. Yeah,
[28:31]
- Zoe, we do have Ron online with comments.
[28:34]
- Okay, Ron, - I, I move
[28:38]
that we leave the R one district the way it is
[28:43]
when we talk about the R two in the other districts.
[28:45]
I'll have a, I'll have a motion to do
[28:48]
that if we leave the R one the way it is and
[28:50]
because it has lots that can be
[28:54]
where ADUs and triplex and quadplexes could be put in.
[28:59]
If we leave it alone, that provides that opportunity.
[29:02]
If we include it in the R two,
[29:04]
that becomes a problem which I will address later.
[29:07]
So my motion is to leave the R one as is,
[29:14]
is there a second?
[29:15]
- It Second. Second. Tony seconds.
[29:21]
Okay. Any further discussion?
[29:28]
Come?
[29:35]
- Yeah. Eric Bell, wasn't it me?
[29:38]
I'd like to hear Ron's reasoning for not combining R one
[29:42]
and R two before you vote on deciding
[29:45]
to leave it one way or the other.
[29:51]
- Okay, go ahead Ron.
[29:53]
- My, my motion in the, my motion in the R two is
[29:56]
to exclude the R two for me to use plexes
[30:01]
and quadplexes because the R two
[30:04]
Zoning district includes most
[30:06]
of the established neighborhoods within the Borough.
[30:08]
But if we're gonna put in additional housing units, R one
[30:12]
and R three and four would be, would be
[30:17]
our, our notionally outside the established neighborhoods.
[30:28]
- Okay. Further discussion.
[30:34]
- I so I'm left confused or, or not confused,
[30:37]
but of two minds.
[30:39]
I see Ron's point,
[30:42]
but we're trying to vote on R one,
[30:45]
conditionally about talking about R two
[30:48]
and that does leave it up in the air.
[30:54]
- But if you leave R one alone at the moment,
[30:59]
and if my motion in R two is passed,
[31:03]
then no harm, no foul.
[31:05]
If my motion in R two is not passed, then you can go back
[31:08]
and change R one if you want.
[31:11]
- Okay. I mean we could always just,
[31:14]
I mean there's a motion on the table.
[31:16]
Yeah, you, you could table,
[31:19]
but you know, we're, we're just asking for guidance and,
[31:22]
and using motions as a way to do
[31:23]
that is good from a clarity standpoint.
[31:25]
But if, if you wanna vote on it now
[31:27]
and then whoever would vote,
[31:32]
actually my recollection is you have,
[31:33]
if it's somebody voted yes, would have
[31:36]
to then bring it back onto the table
[31:37]
after the R two conversation.
[31:40]
If I remember my Robert's rules from college
[31:46]
- Sounds like it would be a good
[31:47]
idea to table for the moment.
[31:49]
- Ron, how would you feel about tabling this motion?
[31:54]
- That would be fine.
[31:55]
- Okay, let's do that.
[31:59]
- Yeah, we do need a vote to table. Oh
[32:01]
- We do need a vote.
[32:02]
Okay. Vote to table. Anita.
[32:07]
Motions to table this motion. Do we need a second?
[32:13]
- Actually, yeah,
[32:14]
- I'm okay.
[32:15]
We just vote. All in favor of tabling Ron's motion.
[32:20]
Say aye. Aye.
[32:23]
- Aye. - Opposed? Okay. All
[32:27]
- Right, so let's go to the triplex.
[32:29]
'cause I think this is to Ron's point.
[32:30]
So the next item is,
[32:33]
as the draft is written right now, it would permit triplex
[32:37]
and quadplex dwellings only if those dwellings would be deed
[32:42]
restricted to prohibit university and college students
[32:44]
and prohibit short term rental use.
[32:47]
The deed restriction would be
[32:49]
approved by the planning department.
[32:50]
We've already talked to the solicitor about, you know,
[32:52]
drafting what that deed restriction would look like.
[32:54]
So we'd have a standard deed restriction
[32:55]
that everybody would have to use and we, you know,
[32:59]
the Zoning permit wouldn't be approved until we had
[33:02]
that deed restriction.
[33:03]
Essentially it would be recorded with the property.
[33:07]
And also if you recall, since we're getting rid
[33:09]
of minimum lot size, but for triplexes
[33:12]
and for quads, there would still be a minimum
[33:14]
of 10,000 square feet for minimum mo.
[33:16]
That's consistent with the current minimum MO size
[33:19]
for a single family home in R two.
[33:22]
So that's where the 10,000 comes from.
[33:24]
So we we're just looking for some direction
[33:27]
on planning commissions.
[33:29]
Do you want to see this in Ron suggested
[33:32]
that we pull it out of R two.
[33:33]
I'm just trying to get some clarity.
[33:38]
- Ron, go ahead. - I think we ought to include that
[33:42]
with the discussion on the A DU
[33:44]
'cause I think they're all linked.
[33:50]
- They're, they're definitely different
[33:51]
from a Zoning standpoint.
[33:52]
One is an accessory to a principle structure.
[33:54]
This is a principle structure. So no, I, I would disagree.
[33:58]
I think these are, this is a specific use type
[34:01]
that we either want it or we don't.
[34:03]
And then yes, there are similarities with ADUs,
[34:05]
but these are, they're very different things
[34:06]
from what can get constructed.
[34:09]
- Anita? I - Would agree.
[34:10]
I think I'm agreeing with Ron that we don't want
[34:14]
that in the older parts of R two for the simple reason.
[34:19]
It will lead to, I would guess lot consolidation
[34:22]
and tearing down perfectly good existing housing,
[34:25]
which is environmentally a very bad idea both in terms of
[34:30]
what the national trust calls embodied energy and landfill
[34:34]
and all the rest of it.
[34:36]
And it will, which disturb the equilibrium of the,
[34:41]
the older neighborhoods, which is
[34:43]
where there already is in effect a lot of this infill house
[34:46]
or extra housing because of past Zoning rules.
[34:53]
So if you pull it out of R two,
[34:55]
it does seem a much more reasonable idea
[34:58]
or at least the older parts of R two.
[35:07]
- Anyone else to speak now?
[35:12]
Somebody from the community?
[35:14]
- Well, let's, let's do Z RAC first.
[35:16]
- Okay. ZA. Okay. There is somebody from Z rac.
[35:21]
Okay, go ahead Susan Ney.
[35:26]
- I think you should leave it in R two
[35:28]
and have it in R one as well.
[35:31]
- And, and could you elaborate?
[35:37]
- I think, I think there are
[35:43]
a number of structures that probably have
[35:48]
outlived their useful life based on
[35:52]
prior Zoning decisions that took them from being a house
[35:58]
into being a rooming house
[35:59]
or, you know, a high
[36:05]
occupancy building and they've been rented and rented
[36:08]
and rented and killed.
[36:10]
So maybe something new in some
[36:13]
of those places would be a good thing.
[36:18]
We do still have the harb,
[36:20]
I don't think everything is just going to be torn down
[36:23]
and turned into quads and triplexes.
[36:27]
I, I just don't see that happening.
[36:29]
I do think though, that
[36:32]
some more housing opportunities could be
[36:35]
created in R two.
[36:38]
We're we're, we have R two, we, we treat R two.
[36:41]
Like everything is single family homes, you know,
[36:46]
and they're, it's not, it isn't.
[36:49]
And, and I think that not all blocks,
[36:54]
not all buildings,
[36:55]
not all streets should be treated the same.
[36:58]
And so I hope that you'll leave it in there.
[37:03]
Okay. From the community I,
[37:14]
- David Stone East Foster, also a member
[37:18]
of the Nee Valley Environmental Coalition.
[37:19]
And, and we're, we're looking at this closely, also a member
[37:22]
of the Highland Civic Association.
[37:24]
And this is an area
[37:25]
and I, I i i, it's, it's a very,
[37:27]
it's probably the most contentious
[37:29]
and legally fraught part of the changes.
[37:32]
And, and it it's great that it's being discussed.
[37:36]
I have to go back to my objection though.
[37:38]
There needs to be a due process compliant evidence-based
[37:44]
resolution to this if it, if it's gonna be put in,
[37:47]
if it's not gonna be put in.
[37:49]
And I think there are, are ways
[37:51]
to achieve similar housing opportunities without
[37:56]
tear downs on extensive scale of,
[38:02]
as, as people have said, perfectly good,
[38:05]
potentially affordable, accessible single family homes,
[38:08]
which can have ADUs internally
[38:12]
or rental units, however you wanna call it.
[38:14]
But it's complex. And so
[38:18]
I I I would urge people to, as a starting point,
[38:21]
send a clear message both on this
[38:24]
and on the need for counsel to, to take some sort
[38:29]
of an administrative law due process compliant.
[38:31]
And, and I, I don't see the clock running, so I don't know
[38:33]
where my minutes are, but I wanna go back
[38:37]
to the basis for Zoning.
[38:39]
I think it's relevant to this discussion
[38:41]
and it's really kind of strange.
[38:42]
It comes out of the police powers
[38:43]
and there's a lot of language about why you can do that.
[38:46]
And it has to do with, you know, clean air, clean water
[38:52]
environment, but also accessibility of housing.
[38:55]
It's, it's a very complex provision in the, in the code.
[38:58]
And that's why when you're doing alternatives analysis,
[39:01]
you want to have some kind of due process for either side.
[39:04]
And so you don't have the right
[39:08]
to do Zoning for certain reasons.
[39:11]
And part of the justification I have heard for the tear down
[39:16]
trip and quad aren't reasons which I believe are legally
[39:20]
justifiable under the municipal planning
[39:22]
code when it comes down to it.
[39:23]
Particularly because we are in a very unique situation
[39:26]
of having this charter that was passed by referendum.
[39:29]
So insofar as we can either minimize
[39:34]
the disruption, you know, disruption is considered a a plus
[39:37]
for a lot of people advocate
[39:38]
and they want to see tear downs.
[39:39]
They wanna see disruption. That's not legal.
[39:42]
That's not legal in my opinion.
[39:43]
I I don't think it's legal in a lot of lawyers' opinions.
[39:46]
There, there are things you can do to enhance accessibility,
[39:51]
but it's a balancing act.
[39:52]
It's an analysis. And so in administrative law,
[39:55]
whether it's a public utility commission,
[39:57]
nuclear regulatory commission, pendot,
[39:59]
they always do in one way, shape
[40:01]
or form a compliant alternative analysis.
[40:03]
And I, I think everything that's been done here is
[40:05]
constructive, but I don't think it rises to that.
[40:09]
And, and, and I'll, I'll double down on
[40:11]
that point about tear downs.
[40:12]
Tear downs can be very environmental devastation.
[40:16]
Not only in the environmental consequences of landfilling,
[40:18]
the stuff of, of the, of the loss materials costs
[40:22]
and the energy costs, but also to the,
[40:23]
the neighbors as it's torn down.
[40:26]
And there's a way
[40:27]
to very carefully interject some more accessibility.
[40:31]
I don't disagree with that,
[40:34]
but I think we need another process.
[40:35]
And I would urge you, no matter what happens on this vote
[40:38]
to do that as well, to call on council to create a process
[40:41]
where people have to come in, you know, establish standing
[40:46]
file contentions and they can do this without a lawyer
[40:49]
and to actually discuss some of this stuff.
[40:51]
'cause a lot of it's legal and we really need Terry Williams
[40:53]
sitting there to, to, to look at all this stuff
[40:56]
and to come up with the
[40:57]
best position for the Borough to be in.
[40:58]
Thank you.
[41:00]
- Do okay, Mr. Gardner. Dr. Gardner
[41:06]
- In two meetings, you already know my name.
[41:08]
Am I that disruptive? Okay.
[41:09]
- And I am gonna put on the,
[41:11]
I was told I should put on this. Okay.
[41:14]
- And - John, don't take that personally. Of course.
[41:16]
You should have done that for David too. So,
[41:17]
- Okay.
[41:18]
How do I get this started?
[41:21]
- I'll just use my time while the timer isn't ticking.
[41:23]
All right, we'll go with that. Okay.
[41:25]
H plus T housing plus transportation is,
[41:29]
is the generally regarded nowadays most important
[41:33]
factor in affordability.
[41:34]
And it, it, you may be entirely right
[41:37]
that if we legalize a ton of new building
[41:40]
and get many new apartment complexes,
[41:42]
that may not change the cost of rent itself at all.
[41:46]
However, if we build them close enough to campus
[41:49]
that people don't need to own cars,
[41:51]
we actually do in fact address affordability.
[41:53]
Last I checked, it costs the average person something
[41:56]
ridiculous like $18,000 a year to own
[42:00]
and operate a vehicle and insure it
[42:02]
and register it with the state and everything.
[42:04]
So if we don't build enough dense housing inside
[42:07]
of State College and people are, are forced to,
[42:10]
to live far out in like patent Township
[42:12]
and they have to have a car, then
[42:13]
that's an $18,000 a year extra cost on them.
[42:16]
Conversely, if they live in State College,
[42:19]
the rent can be up to $1,500 per month more
[42:23]
expensive than present.
[42:24]
And it would still be an affordability gain
[42:28]
if they lived in a walkable area
[42:29]
such as they didn't have to own a car.
[42:31]
Now as with respect to duplexes, triplexes, ADUs
[42:35]
and whatnot in R one and R two cars are also important.
[42:38]
I I ran the numbers myself.
[42:39]
They're, they're freely available on, on the, the,
[42:41]
the Federal Highway Administration website.
[42:44]
Cars are the number one source
[42:47]
of carbon emissions in the United States right now.
[42:50]
The private automobiles of just Texas alone are responsible
[42:54]
for 0.5%
[42:55]
of all planetary carbon in the atmosphere this instant.
[42:59]
If, if just SUVs, not small cars, not trucks, just
[43:03]
as if just SUVs were their own country,
[43:05]
they would be the sixth largest polluting
[43:07]
nation in human history.
[43:09]
So I understand that of course we do want to
[43:12]
minimize demolitions and that there is a lot of, of built in
[43:16]
energy put into buildings
[43:17]
and then also casting new concrete
[43:18]
does create new carbon emissions.
[43:20]
However, if we tore down every single family
[43:23]
home in the Borough right now
[43:25]
and replace them with multifamily houses
[43:28]
that people would not have to own a car for,
[43:30]
that would still end up in a net environmental positive.
[43:33]
So I think it's really important.
[43:35]
I single family homes the existence of that.
[43:37]
I personally don't think that they're good in any way.
[43:39]
I, I've lived in far too many of them in my entire life,
[43:41]
and they've always brought with so many problems,
[43:43]
not the least of which lawns I hate lawns, we shouldn't have
[43:46]
to pay to constantly beat back these annoying weeds.
[43:49]
We should just live in a nice building,
[43:51]
let the weeds be weeds over there
[43:52]
and let us be the humans over here.
[43:53]
But whether or not the concept
[43:55]
of single family homes is appropriate
[43:56]
or not, I think we can all agree that it,
[43:58]
they are not appropriate in a downtown core,
[44:00]
which State College is.
[44:01]
We are the center of a 150,000 strong metropolitan area
[44:05]
that is, again, very walkable to the university.
[44:08]
And so I think it's extremely important that we up zone
[44:11]
as much as we can in here.
[44:12]
If people wanna have a single family home, they can do
[44:15]
that in patent Township, college Township, hon,
[44:16]
but not within walking distance of the university.
[44:19]
I think that's the most important thing.
[44:20]
So I think it's really important to allow duplexes,
[44:22]
triplexes, and ADUs on every single
[44:25]
Zoning space within the Borough.
[44:27]
And then lastly, I I also do, I I'm strongly opposed
[44:30]
to the deed restriction
[44:31]
because if, if you, you all probably know,
[44:33]
so I'm probably mansplaining, but just in case not deed
[44:35]
restrictions started as a way to keep Jewish
[44:37]
and African American people from owning specific homes.
[44:40]
And so it, it's a highly problematic way
[44:42]
of going about things that, that is tied to, to really
[44:46]
immoral things in the past.
[44:47]
And at least in a sense, it's not as bad as a lot
[44:51]
of things happen in history, but this is technically ageist.
[44:53]
Again, we are State College, the students
[44:56]
drive this community, they also bring with them a lot
[44:59]
of wealth and spending power.
[45:00]
And so I think it's really important that we also kind
[45:02]
of mix that in more evenly rather than having only the
[45:06]
townie area and then only the undergrad area
[45:08]
and then a, a, a veritable border between them.
[45:11]
Yeah. 16 seconds ago. Yeah, that's good enough. Thank you.
[45:16]
- Okay. How do, how do I stop this? Just clear?
[45:22]
Okay. Learning the box.
[45:27]
And Tony, did you have your hand up?
[45:32]
Ron does have his hand up. Okay. Ron,
[45:36]
- Two th two things as far as the harvest is concerned
[45:40]
based, some people know how many,
[45:44]
how many bill historic buildings have been torn down within
[45:47]
the Borough that the council has approved based on requests.
[45:52]
- Zero. - So, zero
[45:56]
zero historic buildings have been torn down
[45:58]
- That the, that the Borough Council approved.
[46:02]
So we've lost historic properties that, for instance,
[46:05]
university club that was not covered
[46:07]
by the local historic district.
[46:09]
And obviously I think many of us feel that was a loss.
[46:13]
But as far as we, we had a request for a demolition
[46:18]
on East Foster Avenue.
[46:20]
Counsel denied that request.
[46:22]
We were, that decision was appealed to county court.
[46:26]
We successfully defended that at county court.
[46:28]
And the county court found that we,
[46:30]
that the Borough counsel was used the statute correctly
[46:35]
as far as enforcement.
[46:36]
So at this point there's been one request and one denial
[46:39]
and we succeeded in court. Eric was
[46:43]
- After.
[46:44]
Okay.
[46:47]
- Neil Sullivan. The - The other,
[46:49]
- Oh, sorry.
[46:50]
You got more to say.
[46:51]
- Yes. - Oh,
[46:52]
- Sorry.
[46:53]
And, and the other, and the other thing is there are many
[46:57]
different, there is that diversity of housing
[46:59]
opportunities already in the R two district.
[47:02]
All I'm saying is we don't need triplexes
[47:05]
and quadplexes in the R two.
[47:07]
You can put 'em in the R one three and four with no problem
[47:11]
because they're, and when we're talking about walkability
[47:15]
to the university, you're only
[47:16]
talking about three neighborhoods.
[47:18]
College Heights, Highlands and Holmes Foster.
[47:21]
When walkability is walkability in Tussy view.
[47:25]
Tussy view or, or south or in green Greentree.
[47:30]
And so again, it it's a, it's a focused area. Focused area.
[47:36]
And at this point I move that we take triplexes
[47:40]
and Quadplexes out of the R two.
[47:43]
- Is there a second for that motion? Second.
[47:46]
From a second for Anita. Okay. Discussion.
[47:51]
Neil, you had your hand up.
[47:54]
- This may be coming too late,
[47:56]
but I just wanted to remind the group
[48:00]
that when we started the Z rack, one of our goals was
[48:02]
to increase housing choice and housing affordability.
[48:07]
Adding the triplexes, quadplexes and other building types.
[48:11]
NR two certainly would allow that,
[48:14]
considering the R two takes up the
[48:16]
majority of the Borough land.
[48:17]
If, if we take it away
[48:19]
and we re we resort it down to R one, R three, R four, then
[48:23]
that's a very small percentage of land
[48:24]
that's available for this.
[48:27]
I'm sensitive to tear downs and rebuild
[48:29]
and I'm sensitive to the embodied carbon and,
[48:33]
and those tear downs.
[48:35]
However, it is more expensive sometimes
[48:38]
to renovate an old building to bring it up
[48:40]
to modern standards, especially for accessibility.
[48:44]
Sometimes it is cheaper to tear down and rebuild,
[48:48]
but I, I would rely on the harb
[48:49]
and another protection so
[48:51]
that our historic buildings are protected.
[48:55]
- Susan, - I would just like to add
[49:00]
also that the term walkability doesn't literally mean
[49:04]
walking every time.
[49:06]
It also means public transportation and biking
[49:10]
and scooters.
[49:11]
They're not legal, but everyone rides them.
[49:14]
So I mean, it's, it's other types
[49:16]
of mobility other than a car.
[49:19]
So walkability does have many forms.
[49:22]
- And just, just to confirm for everybody, the, the draft
[49:26]
as it is right now, the zone where the triplexes
[49:31]
and quads become a a use by right
[49:34]
with these D restrictions is in R two.
[49:36]
So as of right now, the triplexes
[49:38]
and quads are not permitted in R one.
[49:41]
So we could obviously make, you can make
[49:43]
that commend recommendation to change that.
[49:45]
But as of right now, it starts at R two.
[49:48]
- Anita - Two points.
[49:50]
The HAR protects houses in these neighborhoods built
[49:54]
before 1945.
[49:56]
It would not stop perfectly good houses built in 1955
[50:01]
or 65 from being torn down and lots combined
[50:05]
and all sorts of more construction added.
[50:08]
And I think those houses on the whole are as worthy
[50:12]
of protection as what's in the harm.
[50:14]
It's merely a matter of dates.
[50:16]
Second point is I hear about
[50:19]
buildings being passed their useful economic life.
[50:22]
Now that was what the owners of the Glen said
[50:25]
before it was converted into the hotel.
[50:28]
And that applies to a whole lot of houses
[50:32]
that have been converted basically into apartments
[50:35]
and not very well kept up.
[50:37]
Now I know a lot about this
[50:39]
because that's the only reason we were able
[50:41]
to buy the house we live in.
[50:42]
It had been run into the ground.
[50:44]
It was not habitable really though it was inhabited, I think
[50:48]
by about 12 students that's on the landlords
[50:52]
who have been taking money outta it and be,
[50:55]
and everybody said at the time,
[50:57]
nobody will ever buy those houses and fix them up.
[51:00]
Well I know of many cases that that's exactly
[51:03]
what has happened
[51:05]
and if the landlords do not wish
[51:09]
to keep those up, then eventually
[51:13]
COG will stop them renting them and they will sell them.
[51:16]
And that might be a way actually
[51:17]
of getting some home ownership into the Borough.
[51:19]
If we wanna talk about long-term consequences,
[51:24]
limit the tear downs, see what happens.
[51:31]
- I'm gonna take my turn to speak now.
[51:35]
I would like to go back to Dr.
[51:38]
Gardner's point that if you live within walking distance
[51:41]
of the university and you,
[51:46]
and you can have only one car, that it,
[51:51]
that is a major factor for affordability.
[51:56]
I live within walking distance of the university.
[51:59]
My husband works there.
[52:01]
We have had only one car for the entire time
[52:05]
that we have owned our home, which is at this point
[52:08]
about 38 years.
[52:11]
The amount of money that my family has saved
[52:15]
by having only one car
[52:18]
we recently calculated is something like half
[52:22]
a million dollars.
[52:24]
And it certainly has affected the affordability
[52:28]
of being able to, to maintain my home,
[52:33]
send my kids to college,
[52:36]
and all the other kinds of long-term things that
[52:42]
a person not seemingly in need of affordable housing
[52:48]
has been able to do.
[52:56]
Okay, go ahead.
[52:59]
- What would increasing,
[53:03]
increasing the square foot minimum lot area, what would
[53:08]
that do to, would lead to lot consolidation.
[53:13]
What that also would limit some of these lots that
[53:18]
are the, the tear downs.
[53:20]
So putting it at that's just under a quarter of an acre.
[53:25]
So putting it at a half an acre.
[53:27]
- Yeah, I mean right now the reason
[53:29]
that 10,000 square feet was chosen was
[53:31]
because it's the,
[53:33]
it's today's minimum lot size for a single family home.
[53:36]
So most of the lots that were built that were subdivided
[53:39]
and plotted after the war.
[53:42]
So it is definitely after 1959, but between 1959
[53:46]
and 1931, there was a 7,500 foot minimum.
[53:51]
So there you, you have most of college south,
[53:55]
the southern part of the Highlands, lots of Holmes Foster,
[53:59]
and then obviously green tree, you know, every,
[54:01]
everything kind of to the south.
[54:04]
Those, those lots will be at a minimum 75 feet
[54:07]
and most of them are 10,000 square feet.
[54:09]
So if you increase that minimum lot size to say 12 or 14
[54:13]
or 15, you'll just take more
[54:14]
and more lots out of the possibility of doing a triplex.
[54:18]
So you'll drive the quads
[54:21]
and the triplexes to properties
[54:23]
that are larger lots essentially.
[54:25]
And you know, we haven't run any analysis on which,
[54:29]
which lots that would look like.
[54:30]
We, we can certainly, if
[54:32]
that was important we could do that.
[54:33]
But that's why the 10,000 foot minimums in there,
[54:39]
there's been some folks who've advocated just get rid of it,
[54:41]
period, which would allow a triplex
[54:43]
or a quad to be on a 40 foot wide lot.
[54:46]
But
[54:49]
- I would like to also raise an another point about
[54:54]
increasing density
[54:57]
for a very long-term perspective.
[55:01]
In our area, I'm talking about
[55:06]
50 to 100 years.
[55:10]
There is speculation that
[55:13]
central Pennsylvania will become one of the very
[55:17]
best places to live in eastern America
[55:22]
because we will have water
[55:24]
unless the wind pattern changes, we will have water
[55:28]
because we get wind coming off of the area
[55:32]
of the Great Lakes.
[55:36]
And we also are a hun a thousand feet
[55:40]
above sea level elevation that will make
[55:43]
a difference in the ability to survive here.
[55:49]
Just temperature wise.
[55:51]
That means that we need to make room
[55:55]
for more people to come here.
[55:58]
And I'm talking about the, the much wider area.
[56:02]
And we also need to be able to protect our farmland
[56:06]
'cause all those people will still need to eat.
[56:09]
And I love living in a house that was built
[56:14]
before 1945.
[56:17]
I personally don't feel most ha structures
[56:22]
for me built after World War ii.
[56:24]
I would not miss,
[56:27]
although other people may feel differently about that,
[56:31]
therefore I personally would go for the ability to build
[56:36]
a triplex or a quadplex.
[56:41]
If there are concerns about
[56:46]
limiting the ability to do that, then I would focus on
[56:53]
discussing and defining those limitations rather than
[56:57]
wholesale outlawing them.
[57:03]
- Okay. If I, if I could, I mean, I,
[57:05]
I don't have the ability to call a question,
[57:07]
but we've got a lot, we've got hours more material
[57:10]
to go. So if we
[57:13]
- Okay, Eric
[57:18]
- And then Zoe.
[57:19]
We do have Ron online after
[57:20]
- That.
[57:21]
Okay.
[57:23]
- Sorry, ed, just wanted to point out to people that
[57:26]
Greentree is walkable.
[57:28]
I know a lot of professors that walked from there to campus
[57:33]
and managed to get through tenure
[57:34]
because they had that extra two hours of commuting time,
[57:40]
excuse me, half hour of commuting time each way
[57:42]
to decompress before they got home
[57:44]
and started yelling at their wife.
[57:46]
Thank you.
[57:50]
- Okay, Ron. And, and please excuse this number.
[57:54]
I don't know how to turn this thing off. Go ahead.
[57:59]
We can't hear you. Can we fix that?
[58:06]
I think you're on mute. Maybe
[58:14]
- I would request a Roll Call.
[58:16]
Vote on my motion.
[58:18]
- Okay. Re please restate the motion,
[58:24]
- Take out the triplex
[58:26]
and quadplex Zoning ability in the R two district.
[58:33]
- Okay. - Anita, are you seconding again?
[58:36]
- Second. - Anita, you second right. Okay.
[58:38]
- Seconded by Anita. Okay.
[58:42]
Calling the question and,
[58:44]
and requested with a Roll Call vote.
[58:48]
- Yeah, I'll, I can handle that. Okay.
[58:50]
So let's start with in the room. Tony. Tony,
[58:56]
- Keep, keep.
[58:58]
- So that's a, that's a no to the motion. No to the motion.
[59:01]
Okay. Ron Madrid.
[59:04]
- Yes. - Anita Genger. Yes. Zoe. A bonis?
[59:09]
- No, - Ker. Schulman.
[59:14]
Gotta gotta make a vote.
[59:21]
We will come back to you. Dan.
[59:25]
- No,
[59:30]
- Back, back to you.
[59:31]
Curtis.
[59:39]
- I guess that would be, - Curtis,
[59:40]
can you move closer to the microphone?
[59:42]
Yeah. So let me ask, turn it on too. Is is the that helpful?
[59:45]
Yeah. So is the issue about the deed restriction?
[59:49]
So right now it's about whether you wanna include triplexes
[59:53]
or quads, the ability to do them in the Ordinance.
[59:54]
We could discuss the deed restriction separately.
[59:56]
- Oh, I thought that section one was all one.
[1:00:00]
- The motion was, Ron's motion was regarding
[1:00:06]
quad versus triple and triplex
[1:00:09]
- Was to keep triplexes and quads in the Ordinance.
[1:00:12]
Obviously you could discuss d restriction
[1:00:14]
as a sec, as a separate item.
[1:00:16]
- I, I support the triplexes and quads. In in what?
[1:00:20]
The, in the R one and R two. I think it's
[1:00:22]
- Fine.
[1:00:23]
So that is a no vote for Ron's motion
[1:00:26]
- Or for Curtis? No, for Curtis.
[1:00:28]
- Yeah. Yeah. Okay.
[1:00:32]
And I think that means that the motion fails.
[1:00:37]
Do we want a separate vote on deed restriction?
[1:00:43]
- Yeah, I mean, we haven't debated that.
[1:00:44]
So I, I can tell you from the work that we did
[1:00:48]
with council last year, that the deed restriction
[1:00:52]
to student occupancy, short-term rental seemed
[1:00:54]
to be a, a high priority item.
[1:00:57]
And I, I think staff at least perceived that
[1:01:02]
there was only support for doing triplexes
[1:01:04]
and quads if the deed restrictions were in place, that
[1:01:08]
allowing triplexes and quads to be permitted
[1:01:12]
by right without a deed restriction would then lead
[1:01:14]
to additional student housing in the neighborhood.
[1:01:16]
And that seemed to not be the priority for, for council.
[1:01:19]
So I just wanna put that context out there.
[1:01:22]
That's why the deed restrictions are in there.
[1:01:23]
I will agree with a lot of the comments
[1:01:25]
that have been made about,
[1:01:26]
there'll be enforcement challenges.
[1:01:28]
We, I'm sure we'll have
[1:01:30]
to discuss staffing at some point depending
[1:01:32]
on how many of these get built.
[1:01:34]
I'm being very transparent about that.
[1:01:36]
But as far as the, the, that's the reason
[1:01:40]
that the restriction is in there to Mr.
[1:01:44]
Stone's comments, whether that would be challenged in court,
[1:01:47]
whether we would succeed in defending it or not.
[1:01:50]
I can't crystal ball that.
[1:01:51]
So I don't know whether this would be legal or not,
[1:01:54]
but the fact that you'd be accepting the deed restriction in
[1:01:56]
order to build the triplex
[1:01:57]
or quad, we would argue that you,
[1:01:59]
you're accepting a incentive to do so.
[1:02:02]
And I think Terry thinks it's supportive at this point from
[1:02:05]
a, a legal standpoint.
[1:02:06]
But again, we wouldn't know until we were challenged. So,
[1:02:12]
- Okay.
[1:02:15]
I think then we go on.
[1:02:17]
- Yeah, unless we want to have,
[1:02:19]
unless someone would like to make a motion about
[1:02:21]
removing the de restrictions.
[1:02:25]
- Not seeing that. Let's go on.
[1:02:28]
- Okay. All right.
[1:02:30]
So one of the themes that's been going on has been a
[1:02:36]
increase in more permitted uses that are not residential
[1:02:41]
in R two R three Zoning districts.
[1:02:44]
So this is a first stab at those.
[1:02:48]
And before anybody makes jokes about fortune telling
[1:02:50]
establishments, the, the, the reason for staff sort
[1:02:55]
of suggesting that these could now be permitted is
[1:02:58]
because there are things that could happen in the house
[1:03:00]
with minimal impact.
[1:03:02]
So if you wanna do a tarot card reading, it doesn't seem
[1:03:05]
to be that intensive to have somebody come
[1:03:06]
over and do a tarot card reading.
[1:03:07]
So that, that's just the rationale as far as why we,
[1:03:11]
you know, staff felt that these were all uses that were
[1:03:14]
really low impact
[1:03:16]
and so that we could permit those, something
[1:03:19]
that people could be doing in their homes.
[1:03:22]
We also had some discussion about more home occupation
[1:03:26]
and accessory use structures.
[1:03:28]
So right now there's, in the draft,
[1:03:30]
there's a clause about home occupation not being permitted
[1:03:33]
in single family uses
[1:03:36]
that have already have an apartment or short term rental.
[1:03:39]
I think we've heard comments about just removing that,
[1:03:41]
like why, and don't we wanna allow more uses in the house?
[1:03:46]
And also getting rid of the only one home occupation.
[1:03:49]
So if there's, you know, two that makes sense,
[1:03:52]
why would we prohibit that?
[1:03:54]
And also the onsite service or consultation with customers
[1:03:57]
or clients is prohibited.
[1:03:58]
We'd recommend removing that as well.
[1:04:00]
That seems to be in line
[1:04:01]
with a lot of the comments that we've heard.
[1:04:03]
So just wanted to get a sense from planning commission,
[1:04:06]
is this something you would recommend, you know,
[1:04:07]
that you would recommend in terms
[1:04:08]
of being per more permissive
[1:04:10]
or do you like some of these standards?
[1:04:18]
- Well, ed knows that I've made a lot of these comments.
[1:04:21]
- A lot of this is directly from Anita,
[1:04:24]
- Partly because partly it addresses
[1:04:27]
John Gardner's comments, but partly it addresses reality.
[1:04:31]
There have always been very quietly in my neighborhood.
[1:04:35]
I know everything from a barber shop
[1:04:37]
to a clothing alteration to a lawyer I know
[1:04:42]
of a psychiatrist in a different neighborhood.
[1:04:45]
And then you add in computer businesses.
[1:04:49]
And the rather, a lot
[1:04:51]
of this I think is based on the archaic assumption
[1:04:55]
that someone who is at home tending to children or
[1:04:59]
otherwise somebody who needs help are not,
[1:05:03]
are supported by a wage owner with a job outside the house.
[1:05:07]
And that's not true, never was with computers.
[1:05:11]
Everything has changed
[1:05:13]
and these businesses that I know of that have been
[1:05:15]
around in my neighborhood did no harm to anybody
[1:05:18]
and were quite popular with the neighbors.
[1:05:20]
Now the only thing I don't see there, at a quick glance,
[1:05:26]
I do know of a lawyer
[1:05:27]
who had a very small discreet non lighted sign about
[1:05:31]
this big ought to be that be two
[1:05:33]
and a half by 18 inches maybe.
[1:05:36]
And I don't see any harm in that either.
[1:05:38]
One sign per building maybe,
[1:05:40]
but no limit on how many occupations are going on.
[1:05:43]
It would also help either renters
[1:05:46]
or homeowners paying a mortgage if these sorts
[1:05:49]
of small businesses could be included.
[1:05:51]
Now, I'm not too sure about the corner grocery store
[1:05:53]
by the way, because that's a lot more traffic.
[1:05:57]
And the municipal planning code basically says that
[1:06:03]
small businesses in neighborhoods should not be a
[1:06:06]
problem to the neighbors.
[1:06:08]
So that's the only issue there.
[1:06:11]
- To be clear, the business has to be operated by the owner
[1:06:15]
of the house or they could lease out
[1:06:18]
- No, I would say by the owner of the house
[1:06:20]
or a, a tenant perhaps as in a rental,
[1:06:24]
in an attached unit or some sort.
[1:06:27]
- So the person living there has to be occupying.
[1:06:29]
You can't 'cause otherwise, if you don't limit right,
[1:06:32]
how many businesses there are
[1:06:33]
and it isn't clearly stipulated, that has to be the resident
[1:06:36]
of that space, then it can create a
[1:06:38]
weird and probably undesirable
[1:06:40]
- Situation.
[1:06:41]
Yeah. Not what we want.
[1:06:43]
I would say to limit the number of employees
[1:06:45]
because part of the issue is traffic
[1:06:48]
and not if there is an attached apartment,
[1:06:51]
say no home businesses either,
[1:06:53]
because both of those are really the same thing.
[1:06:58]
- Yeah. Right now the language has,
[1:07:01]
the business shall employ one additional
[1:07:03]
employee other than a family
[1:07:04]
member residing in the dwelling.
[1:07:06]
So there are some limits on employees coming in.
[1:07:09]
I mean we had a situation in the Highlands that took a lot
[1:07:12]
of Zoning enforcement and a lot of time there was a gym
[1:07:16]
that was illegally operating
[1:07:18]
and that the, the number of, the number of folks
[1:07:22]
who were working there was actually one of the big
[1:07:25]
sticking points in terms
[1:07:26]
of how we were able to shut it down.
[1:07:27]
So
[1:07:34]
- I am in favor of promoting,
[1:07:38]
allowing home businesses not only for all the reasons
[1:07:41]
that Anita named,
[1:07:43]
but both
[1:07:45]
of my young adult children are remote workers.
[1:07:51]
And I would hate for remote working to become illegal.
[1:07:56]
It would make a lot of trouble.
[1:08:01]
- I'm pretty sure the remote working isn't.
[1:08:03]
It's for operating the business.
[1:08:05]
So you can work from home at any point this would be
[1:08:08]
operating a business out of the space.
[1:08:10]
Correct.
[1:08:13]
- Okay. - Yeah. With clients coming
[1:08:15]
to the house, et cetera.
[1:08:17]
And staff. I mean, so the sense I'm getting is
[1:08:20]
that yes, okay.
[1:08:22]
Be more permissive. We'd like
[1:08:23]
to do some more work on fine tuning exactly what uses,
[1:08:27]
there's a live work section
[1:08:28]
that right now we are working at,
[1:08:30]
based on the comments we've had from Susan is looking at
[1:08:33]
expanding that, but also just making sure
[1:08:35]
that we're not opening up too many commercial uses in R two
[1:08:38]
for instance, or low density residential districts.
[1:08:40]
So there's still some fine tuning I think to do on it.
[1:08:42]
But if, I mean the sense I'm getting is
[1:08:45]
that there's a willingness to be more permissive.
[1:08:46]
Just we don't have all the final details yet.
[1:08:48]
Is that, is that a fair read? Everybody.
[1:08:51]
- Okay. Okay.
[1:08:54]
Anyone on the Z rack?
[1:08:59]
Susan?
[1:09:02]
- So just so we understand this is not,
[1:09:06]
the discussion we just had is not final.
[1:09:08]
This is going to come back.
[1:09:09]
I agreed with what you said about it needs to be
[1:09:13]
the occupant or it could just be it turns into a commercial
[1:09:16]
building that makes perfectly good sense,
[1:09:18]
but I don't, I I think we could take out six, seven, and 11.
[1:09:24]
- Honestly take out what please.
[1:09:26]
- Six, seven, and 11. - Okay.
[1:09:28]
- Yeah. That's essential what we're asking this like,
[1:09:30]
that seems to be the crux of it.
[1:09:38]
Okay.
[1:09:40]
- Oh, Eric Belton.
[1:09:48]
- Yeah. Question about number eight.
[1:09:50]
Why should a home business be required
[1:09:53]
to employ in a additional
[1:09:55]
- Employee?
[1:09:56]
No, we're gonna change that. I I think
[1:09:56]
that they just mis Yeah, they miswrote it, it should,
[1:09:59]
it it may, it makes it sound like you
[1:10:01]
have to have an employee.
[1:10:02]
So Yeah. We'll, sorry.
[1:10:04]
We, we, we had already fixed that in our head.
[1:10:06]
We just had, yeah, sorry.
[1:10:11]
- Okay. - Alright.
[1:10:13]
So next thing then is this neighborhood commercial district,
[1:10:16]
which is a minimum lot width of 25 feet.
[1:10:20]
There is a maximum lot coverage
[1:10:22]
of 65 max height is three stories.
[1:10:25]
This is really aimed at getting a mixed,
[1:10:27]
small mixed use building
[1:10:30]
that can sort of fit into the neighborhood.
[1:10:32]
It, it would be something along the lines of
[1:10:34]
what Dr. Garner had talked about as far
[1:10:36]
as maybe a corner lot recognizing that.
[1:10:40]
But again, the floor plate can't exceed 30,000 square feet.
[1:10:43]
So this gives us a fix for two
[1:10:48]
uses that I think are long cherished in the
[1:10:50]
neighborhood or in the community.
[1:10:53]
The Exxon on North Atherton and Graham's at Allen
[1:10:57]
and Old Burg.
[1:10:59]
So this is, this is two uses that would,
[1:11:03]
we can now make essentially permitted by right?
[1:11:06]
By using this network commercial.
[1:11:08]
We don't have any other suggestions for other locations yet.
[1:11:11]
We, we first just wanna check with,
[1:11:13]
with PC if you thought this was appropriate.
[1:11:15]
Secondly, we're we're, we're all ears for other concepts for
[1:11:19]
where this use or where the zone could land.
[1:11:21]
So if you wanna provide any comments to us
[1:11:25]
outside the meeting, we're happy to take them.
[1:11:27]
We, we, we just wanted
[1:11:28]
to flag it something we're wrestling with.
[1:11:30]
And are you guys okay with the,
[1:11:32]
those two locations at this point?
[1:11:35]
- I have a query. I thought
[1:11:38]
that we cannot do spot Zoning
[1:11:40]
for an individual lot an individual business.
[1:11:43]
- Yeah. That that's all not either hold
[1:11:45]
or as far as if it's something.
[1:11:46]
So spot Zoning is when you have something that is,
[1:11:52]
well actually there's like eight definitions of spot Sony.
[1:11:54]
It depends on what people conceive of it is.
[1:11:57]
The rationale behind this is, is
[1:11:59]
that this is a zone specifically intended
[1:12:01]
to be small scale commercial in a neighborhood.
[1:12:05]
And it's, it doesn't have to be, you know, it's not one
[1:12:08]
of the things where you need to have a large zone for it.
[1:12:10]
It's specifically tailored to be these individual kind
[1:12:13]
of corner lots or small limited areas.
[1:12:15]
So I, I think the logic is sound if somebody were to say,
[1:12:20]
I want to create this in the, you know, on the middle
[1:12:22]
of McCormick, that you can make an argument that, that
[1:12:26]
that could be spot Zoning.
[1:12:27]
But again, the courts are all over the map when it comes to
[1:12:29]
what exactly is spot Zoning
[1:12:31]
and most legal cases that claim spot Zoning don't survive.
[1:12:37]
- Okay. - The fresh
[1:12:41]
and fill, isn't that also neighborhood
[1:12:43]
commercial? Could be.
[1:12:45]
- Actually we've talked about that. So it's a corner
[1:12:46]
- Lot commercial - With makes perfect sense.
[1:12:49]
Yeah, we, we actually looked at that too.
[1:12:51]
So we, those are the kinds of
[1:12:53]
suggestions we'd love to, to get.
[1:12:55]
But yeah, I think the freshman field makes a lot of sense.
[1:12:59]
- Okay. I further discussion.
[1:13:06]
Let's go on.
[1:13:07]
- Okay. Fraternities, super fun.
[1:13:11]
This is a, we're being sort of, we've been wrestling
[1:13:14]
with the feedback that we've been getting
[1:13:16]
and also trying to be more clear.
[1:13:19]
I think many folks know that the,
[1:13:22]
the fraternity system in State College
[1:13:25]
and at Penn State is changing.
[1:13:28]
You've had a growth in independent fraternities.
[1:13:31]
Those are fraternities that no longer have,
[1:13:33]
they've walked away from Penn State.
[1:13:35]
They're no longer recognized.
[1:13:36]
They don't want to be recognized.
[1:13:37]
They've created their own independent IFC.
[1:13:41]
And so what we're proposing in the draft is
[1:13:45]
that we are very explicit that they need to have
[1:13:48]
national recognition if they do not have
[1:13:50]
Penn State recognition.
[1:13:51]
So that's what item number one is, is that,
[1:13:55]
and we need written confirmation from their national entity
[1:13:58]
that they're chartered and,
[1:14:00]
and they're recognized as a chapter
[1:14:02]
of the national organization.
[1:14:03]
We're in the process right now of, of working
[1:14:06]
with the eight independent fraternities to get
[1:14:08]
that national recognition.
[1:14:11]
I wouldn't be surprised if we end up in court on it,
[1:14:13]
but at this point, you know, we're trying to get that,
[1:14:16]
that essentially what's in this Sony Ordinance right now
[1:14:19]
or that's how we're approaching it at the moment to try
[1:14:22]
to get that national recognition.
[1:14:24]
Right now in the Ordinance, currently you need a major,
[1:14:28]
you need 50% of the members of the, the folks
[1:14:32]
who were residing in the fraternity, being members of
[1:14:34]
that fraternity staff is recommending going to 60.
[1:14:37]
We've had some comments from the public about going all the
[1:14:39]
way to a hundred percent requirement.
[1:14:41]
I I, I think that would certainly be challenged
[1:14:43]
by some of the fraternities.
[1:14:45]
What the perfect number is.
[1:14:46]
I don't know, but we started at 60
[1:14:49]
and of course if you'd want to increase
[1:14:51]
that percentage, we can certainly do that.
[1:14:53]
But we'd like to get your recommendation on it.
[1:14:56]
We've also been looking at, right now in the draft,
[1:14:58]
these are the uses that are permitted
[1:15:00]
for converting pre-existing non-conforming fraternities.
[1:15:03]
This goes back to 1971.
[1:15:06]
I think that the sixth section was first put in.
[1:15:08]
So we've been looking at, first of all, we'd like
[1:15:11]
to recommend just removing fraternities
[1:15:13]
as a permitted use in the R three district.
[1:15:15]
They currently are permitted,
[1:15:17]
especially if we end up looking at
[1:15:18]
expanding the R three district.
[1:15:20]
We just think fraternities need
[1:15:21]
to be removed as a permitted use.
[1:15:23]
Secondly, we're recommending going up to 60%.
[1:15:27]
Again, if PC wanted
[1:15:28]
to recommend a higher percentage, we can certainly do that.
[1:15:30]
I just don't know at what point does it cross over line
[1:15:32]
that we're gonna be in, you know,
[1:15:34]
in in we're gonna get challenged legally.
[1:15:36]
And then finally is the acceptable conversions
[1:15:40]
for preexisting nonconformities staff's been working at
[1:15:43]
adding some additional uses to try to, you know,
[1:15:46]
find other ways to reuse those properties.
[1:15:48]
So we're recommending that on to the right,
[1:15:50]
there's potential additional uses that could get added,
[1:15:53]
like personal care homes for adults,
[1:15:56]
vocational trade school conference
[1:15:57]
or training center art, music dance or martial arts studio
[1:16:01]
or school art gallery
[1:16:04]
catering establishment or commercial kitchen.
[1:16:06]
We, we actually, taproot has been trying to find a place
[1:16:08]
to do a commercial kitchen in, in the Borough for years
[1:16:13]
and it also hotel or motel.
[1:16:15]
So those are uses that we've come up with
[1:16:17]
as might make sense to add.
[1:16:19]
As again, these would be special exception going
[1:16:23]
through Zoning hearing board of a converted use.
[1:16:25]
Right now the only fraternity that's been converted
[1:16:28]
to a non fraternity use is the eye doctor on fraternity is
[1:16:33]
that Locust Lane and I think Fairmount.
[1:16:36]
Yeah. So, so that's the, that's the only one
[1:16:39]
that's been converted since
[1:16:40]
that section was included in seventies.
[1:16:43]
So that's just like, to get your feedback.
[1:16:46]
Do you like those, those changes? Do those uses make sense?
[1:16:50]
And if 60% is too low, what,
[1:16:53]
what would be an increased number that you'd like to get to?
[1:16:57]
- Alex? - Yeah, Alex
[1:17:01]
- Is, are you - On Alex Hanian?
[1:17:03]
I just had a question for clarification.
[1:17:05]
I think to direct directed to you Ed, with some
[1:17:10]
of these new rules, for example, the fraternity having
[1:17:14]
to present a charter or,
[1:17:15]
or you know, some evidence that they recognized, how would
[1:17:19]
that apply to existing fraternities?
[1:17:21]
Because they're already grandfathered, right? Yep.
[1:17:24]
So, so you know, we're considering these things.
[1:17:27]
Are they going to be retroactive
[1:17:29]
or basically if it's a fraternity right now,
[1:17:33]
the the thinking is that they'll be able to continue whether
[1:17:35]
or not recognized whether or not they have 60% members.
[1:17:39]
Because, because of the previous operating history, the
[1:17:42]
- Pre, the preexisting nonconformities
[1:17:44]
is for a fraternity use.
[1:17:46]
And so those properties, remember that in R two, which
[1:17:49]
where most of the fraternities are located,
[1:17:51]
fraternity use is not permitted today it
[1:17:54]
has been permitted in decades.
[1:17:56]
So all of those properties are preexisting nonconformities
[1:17:59]
as a fraternity use.
[1:18:00]
What we're trying to get at here is what is the definition
[1:18:03]
of a fraternity use.
[1:18:05]
And so what we're saying is you have
[1:18:07]
to be a Greek letter chartered entity, either recognized
[1:18:10]
by the university or recognized by your national charter.
[1:18:12]
If you're not, then you're not a fraternity use.
[1:18:15]
And then it becomes a matter of are we legally able
[1:18:18]
to pull the permit on the occupancy
[1:18:20]
for the, for the fraternity?
[1:18:22]
Because it's no, for the building
[1:18:23]
because it's no longer fraternity use.
[1:18:24]
It's essentially operating as a rooming house,
[1:18:26]
which is also illegal NR two.
[1:18:28]
So you may have a situation where there is a fraternity
[1:18:32]
that's lost Penn State recognition,
[1:18:34]
lost national recognition.
[1:18:35]
And then we would be in a position where we would,
[1:18:38]
depending on what the manager or counsel
[1:18:39]
and the solicitor wanna do,
[1:18:41]
whether it would be entering legal challenge
[1:18:43]
to basically pull the occupancy permit
[1:18:45]
'cause it's no longer a fraternity.
[1:18:47]
- Okay. Yeah, that's really what I was trying to get at.
[1:18:48]
Yeah. So this is, this is an attempt to take those, those
[1:18:53]
potentially, right, the, the buildings
[1:18:56]
that have organizations in them that have sort
[1:18:58]
of been kicked outta the university system
[1:19:00]
and are doing independent in this case.
[1:19:03]
You know, you could now say you're no longer a fraternity
[1:19:07]
use 'cause that's not our definition and
[1:19:09]
therefore you're not allowed
[1:19:11]
to rent the building anymore. Correct?
[1:19:13]
- Well they would have to, they,
[1:19:14]
it would have to become permitted use.
[1:19:15]
So frankly they were, they would have
[1:19:18]
to get national recognition
[1:19:19]
or Penn State recognition. So Yeah,
[1:19:21]
- Or, - Or what, what we're trying to prevent
[1:19:24]
is 42 rooming houses
[1:19:26]
because you have to be able to define the difference
[1:19:29]
between a fraternity and a rooming house.
[1:19:31]
We, we believe that the municipality has the right to say
[1:19:34]
what is, what is a fraternity.
[1:19:37]
I think that if you look at the definition in the
[1:19:39]
dictionary, a Greek letter, you know, a Greek letter group
[1:19:43]
that has some kind of affiliation,
[1:19:46]
we also then are gonna be requesting the membership roles
[1:19:50]
to try to get to that occupancy limit.
[1:19:51]
We have not historically done that.
[1:19:53]
We're gonna have to figure out how
[1:19:54]
to approach that systematically.
[1:19:56]
I can't treat one property different than the other. So.
[1:19:59]
Okay. We're probably asking, you know,
[1:20:00]
at least the independent, we'll probably in the,
[1:20:02]
in the end have to ask 42 property owners
[1:20:05]
to provide their membership roles and their leases.
[1:20:08]
So you can imagine the staff time involved in that.
[1:20:12]
- Tony - And it will have to be and
[1:20:15]
or permitted by Penn State.
[1:20:19]
- Yeah, it's, it's mutually and national charter.
[1:20:21]
They're inclusive. So it could be one or the other or both.
[1:20:24]
So you gotta have to have it,
[1:20:26]
you need at least one. Oh, okay. Yeah.
[1:20:28]
- Can you make it that it has to have be two?
[1:20:31]
- We would, we would lose. Okay.
[1:20:33]
Hands down because we already lost once on
[1:20:35]
requiring Penn State recognition.
[1:20:37]
Alright
[1:20:39]
- Susan, I'm always interested in enforcement
[1:20:45]
whenever we write things like
[1:20:47]
how do they actually end up happening?
[1:20:49]
So how often would these recognitions be checked?
[1:20:53]
Is this every year when you get
[1:20:56]
- Yeah, we already do that every year.
[1:20:57]
So I get a list from Penn State
[1:20:58]
and I just got one last week that has the fall 2025 numbers
[1:21:03]
as far as those properties that,
[1:21:05]
that they recognize. So there're
[1:21:07]
- No, no, I meant all like I'm speaking as a whole,
[1:21:12]
the independents
[1:21:13]
and the Penn State recognize like to the Borough, it seems
[1:21:17]
to me that they would all be the same.
[1:21:19]
- Yeah, we, we are only checking the properties
[1:21:21]
that Penn State has indicated are no
[1:21:23]
longer recognized by the university.
[1:21:24]
So those are the ones that we've reached out
[1:21:26]
to say we need a national letter.
[1:21:29]
Interesting. Because I, because I have something from Penn
[1:21:31]
State saying that the other 36 ish are,
[1:21:34]
are recognized by the university. So,
[1:21:36]
- Okay, so well
[1:21:41]
I can't help but ask, so if it's, I don't know, February
[1:21:46]
and a fraternity loses both Penn State and
[1:21:49]
- National.
[1:21:50]
That's a really great question for Terry Williams.
[1:21:51]
- Thank you. Okay.
[1:21:53]
I didn't think you would want to answer that.
[1:21:54]
And then why not year round at 60%?
[1:21:59]
Why is it just based on the academic calendar
[1:22:01]
- That goes back, that's been that way for
[1:22:04]
60 years in the Ordinance.
[1:22:06]
I mean the original Ordinance had allowance for spring for,
[1:22:10]
for summer occupancy.
[1:22:11]
- Okay, well but this is a new Ordinance so you know,
[1:22:15]
- There's no way we're gonna be able to enforce 42 univer
[1:22:18]
to, to be able to say who's living in there for the summer.
[1:22:21]
Like I like we could write it but we're not enforcing it.
[1:22:24]
- Just photo desk. Neil,
[1:22:31]
- Under potential
[1:22:32]
- Additional uses, did you consider transformation
[1:22:35]
of these fraternities into town homes or apartment
[1:22:38]
- Buildings?
[1:22:39]
Yeah, the multifamily use was specifically removed.
[1:22:42]
So in 71 when that original section was created,
[1:22:46]
multifamily was a permitted use
[1:22:48]
to be converted somewhere along the way,
[1:22:50]
and I haven't gone back to find out when,
[1:22:52]
if you look in the existing Ordinance,
[1:22:54]
there's a little asterisk under one of those items
[1:22:56]
that asterisk was multifamily.
[1:22:58]
So council specifically removed
[1:23:00]
that ability at some point in
[1:23:01]
the probably eighties or nineties.
[1:23:03]
So we did not look at including that back
[1:23:06]
because again now we're into a,
[1:23:08]
a multifamily rooming house use situation.
[1:23:10]
So if counsel wants to do that,
[1:23:12]
we can certainly change that.
[1:23:13]
But we, since there had been a pretty concerted effort
[1:23:17]
to remove the ability to convert
[1:23:18]
to multifamily, we let it lie.
[1:23:21]
So
[1:23:22]
- Alex, - Well to pick up on what Neil is saying, maybe
[1:23:25]
that's a situation where you could deed restrict those
[1:23:28]
in order to get the multi-family use
[1:23:31]
- In order to what?
[1:23:32]
- So permit multi-family but no student. No, no student.
[1:23:35]
- Yeah. I mean, you know, if if the aversion
[1:23:37]
to a rooming house and a boarding house
[1:23:39]
that there'll be students, then maybe that's a place
[1:23:43]
where you could have a rehab that allows non-students
[1:23:47]
to live just a, I mean, you know, kicking things around
[1:23:53]
- Anita, - Two points, I don't know all the ins
[1:23:56]
and outs of the cooperative housing stuff
[1:23:58]
that Zoe has talked about.
[1:24:00]
- Yeah, we're still doing work on that.
[1:24:02]
We don't know either. That
[1:24:03]
- Seems like a possible use for some of these buildings.
[1:24:05]
Yeah. And secondly the 60% allows
[1:24:09]
for a 40% rooming house.
[1:24:12]
- Yeah, I mean currently the Ordinance allows
[1:24:14]
for 50% rooming house. Yeah.
[1:24:15]
- So, and that seems like a very odd hybrid if we
[1:24:19]
don't want rooming houses.
[1:24:22]
- Yeah, I think - Maybe 10% would be reasonable.
[1:24:24]
And I do understand about the summer occupancy.
[1:24:27]
A friend of mine owned about 1971 who was a woman,
[1:24:30]
got cheap housing in a fraternity through that.
[1:24:33]
But you know, that wasn't a problem. Well it was, oh god,
[1:24:37]
- That's okay.
[1:24:38]
But we are, we are doing some research on other college
[1:24:41]
towns to see if they have these kinds
[1:24:44]
of restrictions related to the occupancy percentage to see
[1:24:47]
what maybe some other Big 10 and SC C schools are doing.
[1:24:50]
So we're doing some research on that to see if we've
[1:24:53]
got any ideas about what seems reasonable.
[1:24:56]
I know that, you know, I met with two owners
[1:24:59]
or two representative fraternities with Tom a few weeks ago
[1:25:03]
and one of the conversation sounded like there was maybe 20,
[1:25:07]
30% and one of the fraternities was not members.
[1:25:10]
So I also know other fraternities that are a hundred percent
[1:25:12]
so it, it really comes down to the size of fraternity
[1:25:15]
and size of the fraternity building
[1:25:16]
and are they getting enough, getting enough members,
[1:25:23]
- I'll make a comment.
[1:25:27]
I think that we should deal with
[1:25:33]
some very specific matters
[1:25:36]
with this particular Zoning change at this time.
[1:25:41]
The whole phenomenon of fraternities
[1:25:45]
changing their nature
[1:25:47]
and not wanting to be affiliated with the university
[1:25:50]
or losing affiliated affiliation with the university
[1:25:55]
or are they,
[1:25:57]
or are they not affiliated with a national chapter
[1:26:02]
that is a societal change
[1:26:06]
that is beyond us.
[1:26:08]
Also the desire for rooming house space
[1:26:13]
or cooperative living space that is not focused on students
[1:26:18]
also may an evolving matter
[1:26:22]
and let's not try to predict the future.
[1:26:27]
I would love to learn more about what's going on
[1:26:31]
with the changing nature of fraternities,
[1:26:35]
but I, I don't think that we are
[1:26:40]
in the position in the course of passing on this
[1:26:44]
Zoning within two weeks onto the,
[1:26:48]
the next step in its process to sort out this issue.
[1:26:57]
And I, I think what we ought to do personally is
[1:27:02]
take the, the proposed Zoning
[1:27:05]
as it is currently written
[1:27:08]
and acknowledge that in the future we are going to have
[1:27:12]
to tackle this particular issue.
[1:27:13]
Again, there are going to be amendments
[1:27:20]
- I would think, as another potential additional use
[1:27:22]
unless that would be considered somehow in the hotel motel
[1:27:25]
piece would be a bed and breakfast.
[1:27:27]
Just because the transition, if you're gonna invest in it,
[1:27:30]
would lend itself well
[1:27:31]
and probably be relatively reasonable compared
[1:27:34]
to other construction costs.
[1:27:41]
- Okay. Any other comments on this one?
[1:27:46]
- Appears not. - Okay.
[1:27:48]
- Alright. Accessory dwelling units.
[1:27:50]
So Ron, now we're back on this topic.
[1:27:53]
And again, I, we we're from staff standpoint, we're trying
[1:27:56]
to treat these separately
[1:27:57]
because they are, this would be an ex,
[1:28:02]
an additional unit on a property for,
[1:28:05]
on a one family detached dwelling.
[1:28:07]
And I just wanna point out this is, this is clearly
[1:28:10]
for a single family home.
[1:28:11]
So we're not talking about a duplex or a triplex or a quad.
[1:28:14]
So you'd only be able to put an A DU on a one family home.
[1:28:18]
This, it also specifically excludes a mobile home
[1:28:21]
manufactured home camper or an RV as an accessor drawing.
[1:28:25]
We've had some advocates who have been,
[1:28:28]
who who've advocated pretty strongly for ADUs on wheels
[1:28:32]
that can be wheeled in this specifically precludes that.
[1:28:38]
So just to go through some of the general standards
[1:28:41]
that it has it's accessory to a one family dwelling
[1:28:45]
and that it's no no more than one A DU on the lot
[1:28:49]
that it has to be, that the A DU has
[1:28:52]
to be in the same district as the one family home.
[1:28:54]
That there's only a couple lots
[1:28:55]
that are split zone like that.
[1:28:57]
NADU is needs
[1:28:59]
to meet the minimum lot width in the Zoning districts.
[1:29:02]
You can't, I mean one of the goals of this has been to get
[1:29:05]
to make most of the lots conforming.
[1:29:08]
So in this case that's kinda what we're doing here as far as
[1:29:13]
you know, we, hopefully we've made enough conforming lots
[1:29:14]
and now the A DU would be permitted on it.
[1:29:17]
You can't subdivide the A DU off.
[1:29:20]
So you, you know, we wanted
[1:29:21]
to make sure someone didn't come in, build an A DU
[1:29:23]
and split it in on essentially it's a single family home
[1:29:26]
do require that the A DU has to use the utilities on site
[1:29:30]
so we don't have composting toilets.
[1:29:33]
And then also that you have
[1:29:36]
to access it from the assisting driveway
[1:29:38]
or if you're coming at it from another right of way,
[1:29:41]
like an alley, you can access it from there.
[1:29:44]
We were specific about the A DU having to have a kitchen,
[1:29:47]
a living room area, a sleeping area,
[1:29:49]
at least one bed bedroom
[1:29:50]
and it can't have more than two bedrooms
[1:29:52]
and that there needs to be at least one parking space
[1:29:55]
provided for the A DU Also that
[1:29:59]
there Claire and included some language
[1:30:01]
that we don't believe is actually legal in Pennsylvania when
[1:30:04]
it comes to requiring colors
[1:30:06]
and architectural design to be similar to the existing use.
[1:30:09]
And we're gonna recommend that gets removed.
[1:30:11]
I have a list of a couple of
[1:30:12]
staff recommendations here in a minute.
[1:30:15]
And also that there is a requirement that the A DU that the,
[1:30:20]
the permanent full-time residence of the owner of the lot.
[1:30:22]
So either the single family home or the A DU.
[1:30:25]
So this is specifically written to prevent a situation
[1:30:29]
where you've got a landlord with a tenant in the single
[1:30:31]
family home, then builds an A DU
[1:30:34]
and rents out the A DU to another tenant.
[1:30:36]
This is specifically written to prevent that also
[1:30:40]
that the A DU cannot can't be condoed
[1:30:43]
and sold separately from the one family dwelling that
[1:30:47]
there's no variance that can be approved for the A DU.
[1:30:50]
So if you've got a situations where there's maybe a lot
[1:30:53]
that's dimensionally not quite compliant,
[1:30:56]
we can't have an owner going
[1:30:58]
and getting a variance to allow the a DU to be constructed.
[1:31:01]
And as with the triplexes
[1:31:03]
and quads, there'd be a deed restriction
[1:31:05]
for no short-term rental use
[1:31:07]
and a deed restriction for college
[1:31:09]
or university students as tenants.
[1:31:14]
And we have some additional standards related to the size
[1:31:17]
of the A DU, no more than the lesser of either 25%
[1:31:22]
of the gross area of the single family home or 600 feet.
[1:31:25]
And we had talked about this with council
[1:31:26]
before, they wanted to go up to 800 that seemed
[1:31:29]
to be agreed upon number.
[1:31:31]
So we, we have a couple recommendations along this line
[1:31:34]
and also that the access to the A DU
[1:31:37]
can only be from the side of the rear yard.
[1:31:40]
So we didn't want a situation
[1:31:41]
where someone's coming in from the front.
[1:31:46]
That's something that I like.
[1:31:47]
I'm not sure that's a huge issue that that could be removed.
[1:31:50]
That might end up being precluding some good opportunities.
[1:31:55]
And also just some language about interconnecting with how,
[1:31:58]
how it's interconnected with the single family home.
[1:32:02]
And then some similar language on the detached ADUs as well.
[1:32:07]
So a couple suggestions from staff
[1:32:08]
and that one is again, back to what council agreed on is
[1:32:11]
to go to 800 square feet.
[1:32:12]
The both for the internal, so they, the E attached a DU,
[1:32:17]
the internal A DU to the property
[1:32:19]
or a detached A DU allow up to two bedrooms
[1:32:24]
and 40% of the principal structure size 25%.
[1:32:27]
Just from a staff standpoint, when we started looking at,
[1:32:29]
at sizes of houses, you, you, you 25%, you would end up
[1:32:33]
with like some 200, 250 square foot ADUs.
[1:32:38]
We just felt that that would potentially be too,
[1:32:40]
that would be too limiting and too small.
[1:32:43]
We just had some clarification language you need about,
[1:32:45]
there was some, we didn't know why clearing had written
[1:32:49]
that it was one A DU
[1:32:50]
or one dwelling unit for the whole thing
[1:32:52]
and then later on said no, it's an additional dwelling unit.
[1:32:54]
So there just needs to be some cleanup in the language.
[1:32:57]
So just removing the reference to the regulation
[1:33:00]
of the appearance character color, we don't believe
[1:33:03]
that we have the legal authority to do that.
[1:33:05]
And then finally also just specifically require
[1:33:08]
that the ADUs to be constructed with a foundation.
[1:33:11]
It might be belt and suspenders,
[1:33:13]
but we just felt that we wanted to make sure that was clear.
[1:33:17]
So that's all I've got on that section. Any suggestions?
[1:33:21]
Any we, we didn't,
[1:33:24]
we didn't necessarily prepare this for summarizing tonight.
[1:33:26]
It was more of a, you know,
[1:33:27]
do you have specific things you'd like to see changed
[1:33:31]
or if you'd like to see
[1:33:32]
that section pulled out in its entirety,
[1:33:34]
it was definitely written to be encapsulated
[1:33:38]
or maybe you include the attached ADUs
[1:33:41]
but remove the detached ADUs.
[1:33:43]
A lot of different ways we can go,
[1:33:44]
but just wanna get your input.
[1:33:46]
- I think as far as we talk about affordability
[1:33:47]
and different ways that we can get families downtown,
[1:33:51]
I don't see the benefit of deed restricting detached a
[1:33:55]
eds whether or ADUs a ADU regard
[1:33:59]
- EDU's a sewer.
[1:34:00]
- Yeah, we should restrict that for sure.
[1:34:03]
No, there shouldn't be deed restriction on ADUs in my
[1:34:06]
opinion because if the principal, if the principal residence
[1:34:10]
and it's a way for them to make secondary income,
[1:34:11]
there's not really a negative consequence
[1:34:14]
to having a student in a detached structure
[1:34:16]
or even a short term Airbnb.
[1:34:17]
I think that's a objectively different
[1:34:20]
circumstance when people say, oh, the town was taken over
[1:34:23]
by all the single fame hamms and now students
[1:34:25]
or now they're all Airbnb's.
[1:34:27]
I think that freedom to use the, their space
[1:34:29]
and their property as they want to, allows 'em
[1:34:31]
to have income benefit in a way
[1:34:33]
that's no different than operating a a separate business
[1:34:36]
or outta their home.
[1:34:37]
So I would recommend removing that in that circumstance.
[1:34:42]
- Anita, how would it be enforce
[1:34:45]
that the owner is a full-time resident
[1:34:48]
and what does that even mean?
[1:34:49]
Does that mean somebody who's here Oh, for the summer
[1:34:53]
- Or, yeah, we, we always have this problem with
[1:34:55]
what exactly does that mean?
[1:34:57]
So in our short term rental Ordinance, we say eight months
[1:34:59]
and a comment that I have declaring is we need to tighten
[1:35:02]
that up a bit as far as exactly what that means.
[1:35:04]
But that is an enforcement challenge.
[1:35:07]
As far as principal residency, we get lied
[1:35:10]
to an awful lot about people who, you know, say they're,
[1:35:13]
it's their principal residence, but
[1:35:14]
they're living in New Jersey.
[1:35:16]
No offense in New Jersey.
[1:35:19]
- Oh, okay. Another question.
[1:35:21]
Getting back to what Curtis said,
[1:35:26]
My experience with students is we have students in our house
[1:35:29]
and in the backyard, both quite legally.
[1:35:33]
And we've learned that if we say upfront, okay,
[1:35:36]
we live on this property, if you're not prepared to deal
[1:35:39]
with your landlord being right there
[1:35:41]
to know what's going on, you probably don't wanna live here.
[1:35:45]
Now I don't know if that would apply to everybody or not,
[1:35:48]
but the Airbnb, the problem with that has been in a lot
[1:35:53]
of neighborhoods just far too much coming and going
[1:35:55]
and partying of people who don't live there permanently.
[1:35:59]
And it's been very hard on the neighborhood.
[1:36:02]
So I would say not Airbnb,
[1:36:05]
but I'm also wondering if 800 square feet,
[1:36:12]
I know we have three apartments that are much smaller than
[1:36:16]
that and they're readily rented to, well two,
[1:36:21]
two working people and one grad student
[1:36:23]
and we've never had any problem filling them.
[1:36:26]
So I, I don't know if that's necessary
[1:36:28]
or a good idea or not.
[1:36:32]
- Susan, just a couple
[1:36:36]
questions for clarification.
[1:36:37]
What's the difference between an A DU and an apartment?
[1:36:42]
- Yeah, we're trying to get away from, we're,
[1:36:44]
we're considering it an accessory dwelling unit.
[1:36:45]
Either the attached or attached.
[1:36:47]
So the, the, the attached would be an internal,
[1:36:51]
so you'd have an 800 square foot separate unit
[1:36:54]
that could be in the basement, that could be on the back
[1:36:56]
of the house, et cetera.
[1:36:58]
We're, we're trying to get away from this single family home
[1:37:00]
plus apartment and just say, what, what is the apartment?
[1:37:03]
Okay. It's an, it's accessory dwelling unit,
[1:37:05]
whether it's internal or external.
[1:37:07]
Again, there's some different standards for that,
[1:37:09]
but that's how we're training it.
[1:37:10]
At least that's how this Ordinance treats it going forward.
[1:37:12]
- And that's what I thought.
[1:37:13]
And so then you could have a
[1:37:18]
attached A DU, but then you could not have a detached
[1:37:21]
- A DU and that's a great policy' question as far as what,
[1:37:24]
what the preference is right now.
[1:37:26]
It's written, you get one.
[1:37:28]
But if you wanted to have an internal and,
[1:37:30]
and a detached, that's certainly something
[1:37:32]
that could be written and we just need guidance on that.
[1:37:34]
When we talked about it last spring, it seemed
[1:37:37]
to be just one,
[1:37:38]
but yeah, people can change their minds. So,
[1:37:41]
- So, so the question for me,
[1:37:46]
I'm it was leading up to when does it become then a duplex?
[1:37:50]
If you have an attached a DU, when,
[1:37:53]
when does it become a duplex?
[1:37:55]
- Yeah. And that's, there are building code issues relative
[1:37:59]
to firewalls, et cetera.
[1:38:01]
As far as, and I don't, I'm not gonna try
[1:38:03]
to play Walt, but Right.
[1:38:04]
You know, I know that there are structural
[1:38:06]
issues with the duplex.
[1:38:08]
I, I wanna get a little more clarity on exactly,
[1:38:10]
because I've been asked this
[1:38:12]
by a couple folks in the last couple weeks.
[1:38:14]
So I think we need to do a little bit more work to be able
[1:38:16]
to explain that exactly as far
[1:38:19]
as what's required from a building code
[1:38:20]
standpoint for it to be duplex. So
[1:38:23]
- I would like to lend my support of,
[1:38:28]
I think there are a lot of really large houses
[1:38:31]
and there could be opportunities for an internal
[1:38:36]
or attached a DU and a detached.
[1:38:40]
I think there would be nothing wrong with
[1:38:42]
that in certain circumstances.
[1:38:43]
Also, a question about the deed restrictions.
[1:38:47]
Wouldn't the student home rule apply
[1:38:52]
with the separation requirements?
[1:38:54]
And so, I mean, wouldn't I'll leave it a town?
[1:38:56]
- Yeah, no, we, we've looked at that.
[1:38:58]
The way that the student home rule is written right now, it,
[1:39:01]
it wouldn't cover the A DU, it doesn't mean
[1:39:04]
that we couldn't add it in.
[1:39:06]
So this was a cleaner way just to say no,
[1:39:09]
because then you're not into, I mean, do, do,
[1:39:12]
remember there are some places you could have a new student
[1:39:14]
home in State College?
[1:39:15]
I don't, not gonna, we don't have a map specifically,
[1:39:18]
but we have a pretty idea where they are the, at the end
[1:39:22]
of the day, we just thought it was cleaner to, you know,
[1:39:26]
just what do you want, do that in the code?
[1:39:28]
Do do you want to prohibit student
[1:39:30]
rentals from the ADUs or not?
[1:39:33]
The sense I'm getting is
[1:39:34]
that maybe student rental is okay in the ADUs,
[1:39:36]
but not short term rental use based on neighbor impact.
[1:39:40]
But we're, we're just looking for some guidance on that.
[1:39:42]
That's what we thought we got coming out
[1:39:43]
of the joint meetings last spring.
[1:39:45]
But obviously that's a policy' decision.
[1:39:47]
It could go a different direction.
[1:39:51]
There certainly will be a lot more of a market
[1:39:53]
for student occupancy in ADUs for sure.
[1:39:56]
- There's also a shocking amount of people
[1:39:59]
that principally live here 12 months a year
[1:40:03]
than eight weekends a year.
[1:40:04]
They Airbnb their place.
[1:40:06]
And although I, I think you'd be shocked
[1:40:08]
how little disruption there is in these neighborhoods
[1:40:10]
because when it's a single family home
[1:40:12]
and it's a nice well-maintained home, they get a premium.
[1:40:16]
But there are also people that are then dumping
[1:40:18]
that money back into the community
[1:40:19]
and they're living here principally.
[1:40:20]
That's one thing a lot
[1:40:21]
of people do in a lot of people I know do.
[1:40:24]
And I think that we have
[1:40:25]
to be careful when we set these guidelines.
[1:40:26]
'cause that does impact people's ability to live here
[1:40:29]
and afford here and kind of make a life
[1:40:32]
and make impact in our community.
[1:40:35]
- I want to raise a question about the status of
[1:40:40]
a paper alley and access to these things.
[1:40:45]
I have a paper alley behind my house.
[1:40:48]
The, my, the area right around my house
[1:40:52]
has long and relatively
[1:40:54]
narrow lots.
[1:40:59]
And how would, if somebody wanted
[1:41:03]
to do an A DU attached
[1:41:06]
or detached, how's that gonna work
[1:41:09]
with a paper alley? Yeah,
[1:41:10]
- That's, we'd really need Terry to, to talk about that.
[1:41:14]
As far as what, what could a property error compel
[1:41:16]
as far as access goes?
[1:41:17]
I don't want to, that's not, that's a legal area
[1:41:21]
that I don't have experience with in terms of
[1:41:23]
what could be compelled for access.
[1:41:24]
So that's a question for him.
[1:41:28]
- By the way, a paper alley is an alley
[1:41:32]
that was plotted but never built.
[1:41:35]
And the one
[1:41:36]
behind my house is in my block.
[1:41:43]
There are some very big trees growing in that paper alley.
[1:41:46]
Basically the land belongs to no one,
[1:41:51]
although supposedly every resident along who
[1:41:55]
who has access to the paper alley is, is entitled
[1:42:00]
to access the back of their property using a vehicle.
[1:42:08]
- And I, I think I promised this before, we need to go back
[1:42:10]
and find the, when Terry came
[1:42:12]
and gave, I think he gave like an hour long
[1:42:14]
presentation on the topic.
[1:42:16]
So we will, we need to go find that recording
[1:42:18]
and get it back out to everybody.
[1:42:20]
- Okay.
[1:42:26]
Anyone else?
[1:42:30]
- All right. So what, what will process?
[1:42:32]
- I is did you have something else? Go ahead.
[1:42:43]
- Speaking as somebody who has a couple ADUs,
[1:42:48]
I think they all new ones should be built
[1:42:50]
and required to have air, air conditioning.
[1:42:55]
- Yeah, I don't think we can require that.
[1:42:57]
- Okay. You can try. I thought I'd bring it up.
[1:43:02]
The item about no residential units,
[1:43:07]
no residential units should be for the heat and the gas
[1:43:11]
and the sewer that made it look like it had
[1:43:13]
to be connected to the house.
[1:43:15]
- Yeah. So we have questions.
[1:43:17]
Steph has some questions about the wording of that.
[1:43:19]
I I know what they intended, which is
[1:43:21]
you've gotta be on sewer.
[1:43:23]
No. Yeah, so I, yes, there needs to be
[1:43:25]
- Some words there.
[1:43:26]
We're fine with that then. And I think there should be
[1:43:28]
a minimum square footage. Some of the
[1:43:32]
- Yeah, there would, sorry.
[1:43:33]
There would be, if so in order
[1:43:35]
to have it be occupiable from a building code standpoint,
[1:43:38]
you would need at least 70 square feet for the bedroom.
[1:43:40]
And I don't remember what the common area
[1:43:41]
is, but it's around a hundred.
[1:43:43]
So yeah, there are some minimums based on building code.
[1:43:45]
- I think we should also add, well I noticed some
[1:43:49]
of the studios in the high rises are 300 square feet
[1:43:53]
and that is the bare minimum
[1:43:54]
that I'd like wanna put anybody in.
[1:43:57]
So maybe increase it more than
[1:43:59]
- That.
[1:44:00]
I, I just wanna be hesitant
[1:44:00]
because we had a lawsuit with HUD based on our,
[1:44:04]
our occupancy limits were increased based above
[1:44:07]
what the building code requires
[1:44:09]
and we actually had to settle with HUD to reduce them.
[1:44:13]
So I didn't know that. Yeah.
[1:44:18]
- Okay. Anything else on this topic?
[1:44:24]
Hearing none, let's go on.
[1:44:26]
- Okay. Just to highlight what we, we're gonna want
[1:44:29]
to talk a little bit more about
[1:44:30]
some of the transitional areas.
[1:44:33]
We, again, we had a really good meeting with Susan.
[1:44:36]
So the, just trying to get an idea of
[1:44:39]
what the appropriate boundaries are
[1:44:40]
and then also some appropriate heights
[1:44:42]
and densities in those districts.
[1:44:44]
So I just wanted to point out a couple areas.
[1:44:47]
Again, making a suggestion to go to RO on the eastern part
[1:44:52]
of, you know, where Beaver turns into high
[1:44:55]
and then also over in the west where West End is
[1:45:00]
kind of looking at that as, you know, there's, we're,
[1:45:02]
Adrian is actually doing some renderings right now to try
[1:45:06]
to get an idea of what it would look like over there in
[1:45:08]
terms of the differences in height, going from nine stories
[1:45:11]
to six to two,
[1:45:13]
and just sort of give an idea of what that would look like.
[1:45:16]
And then also kind of highlighting the,
[1:45:18]
what planning staff always calls the Pugh spine in terms
[1:45:22]
of running from downtown down to easterly.
[1:45:25]
That's an area that's had a lot
[1:45:26]
of debate over the years about what's the appropriate level
[1:45:29]
of, of, of density and height.
[1:45:31]
So we wanted to bring that back up.
[1:45:33]
If there was any thoughts on, you know, we,
[1:45:35]
we looked at maybe converting that to R three instead
[1:45:38]
of R three H would,
[1:45:39]
which would allow three stories instead of two.
[1:45:41]
You have a lot of preexisting non-conforming apartment
[1:45:44]
buildings in that area right now, some
[1:45:46]
of which are 5, 6, 7 stories.
[1:45:49]
So looking at maybe going to R three
[1:45:52]
and also kind of the area that is south of OOCC and,
[1:45:57]
and the Baptist church.
[1:45:59]
As you get into Fairmount
[1:46:00]
and Prospect as you go down the hill, they're sort of
[1:46:05]
between Burroughs, Fraser and Alan.
[1:46:08]
That was another area that we had some discussions.
[1:46:11]
So we're not really necessarily prepared right now
[1:46:14]
to give any suggestions.
[1:46:15]
We wanted to flag it as something, we'd like
[1:46:17]
to talk a little bit more on the 14th.
[1:46:18]
So if anybody has opinions, thoughts, wants
[1:46:21]
to see specific changes, we we're wrestling with this
[1:46:25]
as a staff standpoint, so we'd love to get your input.
[1:46:30]
And Ron's asked me a couple times, what, what,
[1:46:34]
what are we gonna be preparing for you as far as
[1:46:38]
some recommendations to go to council?
[1:46:40]
What would that look like? So this is our first shot at it,
[1:46:44]
kind of a topic then to the status bar would be removed
[1:46:48]
because we'd hopefully be, we, we'd have got
[1:46:52]
through them all and gotten your input
[1:46:53]
and in some cases votes.
[1:46:55]
So what we are looking for is these would be specific
[1:46:58]
recommendations and we'd be putting in this kind of table.
[1:47:01]
So you'll see a more elaborate version of this on the 14th.
[1:47:05]
But this is kind of the way we're tackling it.
[1:47:07]
So does this make sense?
[1:47:09]
You know, anybody have any opinions, kind of
[1:47:12]
what we thought might be the easiest way.
[1:47:14]
And then as Ron kind of started today,
[1:47:16]
if there are specific motions that are needed to get votes,
[1:47:20]
we would kind of anticipate on the 14th
[1:47:22]
and the 21st, kind of going through this to make sure
[1:47:25]
that if there were areas
[1:47:27]
where there was differences opinion on planning commission,
[1:47:29]
that we would get some motions made
[1:47:31]
to finalize what would be recommended.
[1:47:33]
So how does that all sound? Good? All right.
[1:47:39]
All right. And then just for those following at home
[1:47:43]
and we're, we're getting to the end
[1:47:46]
of the planning permission process, I just wanted
[1:47:48]
to put this timeline back up in front of everybody.
[1:47:50]
You saw it at the beginning of the summer,
[1:47:53]
but as we get to recommendation, so we're at
[1:47:55]
that August 21 slot.
[1:47:57]
As far as PC making recommendation, this would go to,
[1:48:01]
this would then go to council on September 8th
[1:48:03]
and start a september october process.
[1:48:06]
We have pretty much a drop dead October 20 date for
[1:48:10]
when we would what?
[1:48:12]
When we would need counsel to tell staff exactly
[1:48:14]
what they do and do not want in the Ordinance,
[1:48:16]
if they wanted revisions, changes whether they agree
[1:48:20]
with pc, whether they disagree with PC
[1:48:22]
and what, you know, what what the, what do they want.
[1:48:25]
We then have, we'll transmit that to the consultant team.
[1:48:28]
They'll have about a month to make revisions
[1:48:31]
and then we have kind of a drop dead date
[1:48:33]
of sending this to review.
[1:48:35]
At Centre County Planning.
[1:48:36]
There's the statutory 45 day review that they have.
[1:48:40]
They have an MOU with Centre Region Planning.
[1:48:42]
So Centre Region Planning will also be doing their
[1:48:45]
review at the same time.
[1:48:47]
So that will happen throughout the holidays.
[1:48:49]
So Merry Christmas to that staff.
[1:48:52]
And then at the end of the day, we will hopefully have
[1:48:56]
something back from them in the middle of January
[1:48:59]
with a anticipated going
[1:49:01]
to Borough Council at the first meeting in February,
[1:49:03]
asking them to authorize the advertisement
[1:49:05]
for the Public Hearing, which will be March 2nd,
[1:49:08]
and then adoption at the end of March.
[1:49:11]
I'll also point out that there is a statutory requirement
[1:49:13]
for a Public Hearing for the planning agency
[1:49:16]
preparing the Ordinance.
[1:49:18]
So that's been advertised for August 21st.
[1:49:20]
So that'll meet the statutory requirement
[1:49:22]
that Planning commission has a Public Hearing.
[1:49:27]
So any questions on timeline?
[1:49:31]
- Just one question. Is there any chance that any
[1:49:34]
of this will come back to the Planning Commission
[1:49:37]
after August 21st?
[1:49:39]
- I mean, there's always a chance, but my understanding from
[1:49:41]
council is that once PC's done
[1:49:43]
with the recommendations, they're gonna take it from there.
[1:49:45]
So the statutory, the, the statute, the MPC requires
[1:49:50]
if there are substantial changes
[1:49:52]
after that advertisement of the hearing.
[1:49:54]
So when we get to that February 2nd meeting,
[1:49:58]
the anticipation is that we would have a final draft.
[1:50:02]
Counsel would authorize staff to advertise.
[1:50:05]
Once that advertisement happens,
[1:50:06]
there really can't be substantive changes.
[1:50:08]
So there's a Public Hearing.
[1:50:10]
Then on March 2nd, if council wants
[1:50:12]
to make substantive changes from there, the statute requires
[1:50:15]
that they would re advertise for a new Public Hearing.
[1:50:18]
So we could end up in a series of a, a number
[1:50:21]
of public hearings going through the spring
[1:50:23]
or summer, if that's what council wants.
[1:50:25]
There's no statutory requirement for them
[1:50:27]
to send it back to Planning Commission.
[1:50:30]
They could if they want it, but they're not required to.
[1:50:33]
- Okay. Okay.
[1:50:36]
Then it looks like we are onto official reports
[1:50:40]
and correspondence. Borough Counsel,
[1:50:43]
- Nothing from me.
[1:50:46]
- Zoning Hearing board, - Nothing Upcoming.
[1:50:51]
- Upcoming Land development plans,
[1:50:53]
- Nothing upcoming.
[1:50:55]
- Staff updates, - You're looking at it.
[1:51:01]
- Okay. Okay. Centre Region Planning Commission.
[1:51:07]
It's quiet Summer. Okay.
[1:51:10]
Upcoming meetings next Thursday,
[1:51:13]
Octo August 14th at 7:00 PM
[1:51:17]
and Thursday, August 21st at 7:00 PM
[1:51:22]
May I have a motion to Adjourn?
[1:51:23]
Motion to Adjourn Adjourned.
[1:51:57]
- Sponsorship for this program is brought to you in part
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by Town and Gown Magazine.
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If it's happening in Happy Valley,
[1:52:04]
it's in town and Gown magazine.
[1:52:07]
- Clearwater Conservancy has been committed to conserving
[1:52:10]
and restoring the natural resources of Centre County
[1:52:12]
and beyond for more than 40 years.
[1:52:16]
In 2022, we purchased 10 acres on Spring Creek in Hauser V.
[1:52:20]
We have a 20 year relationship
[1:52:21]
with this land having restored the Streamside forested
[1:52:24]
Buffer in 2004.
[1:52:27]
This property in the heart
[1:52:29]
of the Spring Creek watershed is the site
[1:52:31]
of our new permanent home
[1:52:32]
and our local conservation restoration
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The public will be welcome to explore the stream, as well
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Your support ensures
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that residents will enjoy clean water
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Your support is essential in preserving our natural
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Visit clearwater conservancy.org to learn
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