Meeting Agenda State College Borough Council Regular ...

Meeting Agenda State College Borough Council

Regular MeetingApril 5, 2021

7:00 p.m.

Please note: The Monday, April 5, 2021, Borough Council Regular Meeting will be a remote meeting. Public Participation will be available only for those who have registered

to attend and participate in the meeting. To learn more about participating in this meeting, please visit

https://us02web.zoom.us/webinar/register/WN_791yMt2XTN-jL6l8Zxa1eA.

I. Call to Order

II. Moment of Silence and Pledge of Allegiance

III. Roll Call

IV. Virtual Meeting Procedure Overview

V. Special Recognition, Special Reports and Proclamations

A. Recognition for Life Saving Efforts - On Thursday, March 18, 2021, there was amajor house fire in the Borough. Several State College Police Officers and aPublic Works employee quickly responded to this fire and entered the flame andsmoke-filled house to extricate a resident who unable to escape the fire on herown. The Borough Manager will recognize the heroic efforts of these Boroughemployees.

B. Global Love Day – Mayor Filippelli has designated May 1, 2021 to be Global LoveDay in the State College Borough, which honors the public cause of Global Love,World Peace, and Universal Joy. [Page 7]

C. Bells Across Pennsylvania Day – Mayor Filippelli proclaims Sunday, May 2, 2021to be Bells Across Pennsylvania Day and calls upon all residents and churches toring bells at 7 p.m. for three minutes to honor their hometown heroes, rally withother Pennsylvanians on the frontlines of the COVID-19 battlefield and showresolve to restore their local businesses and civic life to their former prominencewhen restrictions are lifted. [Page 8]

D. Week of the Young Child – The Mayor proclaims April 10-16, 2021 as Week of theYoung Child in the Borough of State College. This 50th anniversary of the Weekof the Young Child is celebrated by continuing to recognize and advance the earlychildhood education profession. [Page 9]

Ronald L. Filippelli, MayorJesse L. Barlow, Council PresidentDeanna M. BehringJanet P. EngemanTheresa D. LaferPeter S. MarshallEvan MyersKatherine Oh Yeaple

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VI. Public Hearings

A. Substantial Amendment to the Borough of State College FY 2021 ConsolidatedAnnual Action Plan (AP)

The public is asked to provide comment on a substantial amendment to the Borough of State College FY 2021 Consolidated Annual Action Plan, which is proposed to accomplish the following:

1) revise the FY 2021 CDBG and HOME budgets from the estimatedallocations approved by Council in December of 2020 to the actual grantamounts,

2) change the goal of the CDBG-CV - Housing Transitions: ProgramOperations project from 60 individuals to 40,

3) shift FY2021 HOME funding to the State College Community Land TrustFirst Time Homebuyer (FTHB) Program 2020-2021 rather than splittingthe allocation equally with The HOME Foundation (THF), with funding tobe restored to THF in FY2022,

4) reallocate $3,057.15 in CDBG Program Income, and $1,788.10 in prioryear CDBG funding, from the THF FTHB Program to the OOR Program2020-2021,

5) allocate $13,525.12 in FY2017 CDBG Contingency funding to the 2020-2021 Owner Occupied Housing Rehabilitation Program,

6) include the House of Care: Program Operations Project in the 2021 APand extend the project completion date to December 31, 2021,

7) change the OOR Program 2020-2022 target date to Dec. 31, 2021 andchange the project name to reflect this, and

8) correct incidental typographical errors.

A Policy Briefing Summary providing details on the substantial amendment is attached beginning on Page 11.

The proposed substantial amendment and 30-day comment period was posted and published from March 5 to April 5, 2021. The CDBG Citizens’ Advisory Committee reviewed the proposed amendment at a public meeting on March 3, 2021 and unanimously recommended approval by Council.

Council will now conduct a public hearing and will welcome comments from the public regarding the proposed Substantial Amendment to the FY2021 Consolidated Annual Action Plan. Council will act on the Amendment later in the meeting.

B. Public Hearing for Proposed Rezoning of 318 South Atherton Street

A request has been submitted by Out of the Cold Centre County (OOTC) to rezone the properties at 318 S Atherton St (Tax Parcel ID # 36-11-448, 36-11-449-2P, and 36-11-449-1P) from Residence 2 (R2) to Residence 3 Historic (R3H). OOTCwould like to establish a non-profit operated permanent homeless shelter in theexisting building, but this is not a permitted use in the R2 zoning district. The usewould be permitted as a “community center” in R3H, which is consistent with thedesignation of Centre House, an emergency homeless shelter at 217 E Nittany

Borough Council's Regular Meeting Agenda Packet April 5, 2021 Page 2

Ave operated by Housing Transitions, Inc. 318 S Atherton St is immediately adjacent to the R3H district. Upon referral from Council, the Planning Commission (PC) reviewed the matter at its January 6, 2021 meeting and recommended approval including waiving the associated $2,500 fee for a zoning amendment due to the intended conversion of the property to a non-profit use that will support a need in the community. The ordinance was provided to the Centre County Planning and Community Development Office (CCPDCO) and Centre Regional Planning Commission (CRPC) for advisory comments. The request letter, acknowledgement from the current property owner, location map of the area proposed for rezoning, and the Planning Commission’s comments are attached beginning on Page 21. Council is required to conduct a public hearing for any zoning amendment. Mayor Filippelli will conduct the public hearing.

VII. Public Hour – Hearing of Citizens

Anyone in the audience wishing to address Council with an item that is not on the agenda and is Borough related should ask to be recognized at this time. Each speaker will have up to four minutes to present comments to Council.

VIII. Consent Items

Recommendation: Staff recommends that Council approve the following consent items. (Attached to the agenda beginning on Page 37 is the background information.) A. Refer to the Planning Commission a request to work with Borough staff on a

replacement of the existing Sign Ordinance. This work is not included in the comprehensive zoning revision, so the effort would be staff-led and the Planning Commission would provide a recommendation to Council at a future meeting.

B. Award the replacement of the existing cooling unit on the roof of the Municipal

Building to McClure Company in the amount of $51,671.00. [Page 39]

C. Approve a Resolution declaring Saturday, April 24, 2021, as ClearWater Conservancy’s annual Watershed Clean-Up Day in the Borough. [Page 41]

D. Approve, with conditions, the road closure of Locust Lane, from East Calder Way to East Beaver Avenue, starting every Friday from May 7, 2021, to November 19, 2021, from 9 a.m. to 6 p.m., for the Downtown Farmers Market. [Page 43]

E. Mutually agree with the State College Area School District to extend the deadline

to provide the notice to modify or cancel the South Track Lighting Agreement until August 6, 2021.

F. Approve a noise waiver for Penn State’s College of Engineering Building’s West 2

Project to allow the contractor to make concrete pours on campus and provide notice to businesses and residents adjacent to the truck route at least 72 hours prior to a pour. [Page 49]

Borough Council's Regular Meeting Agenda Packet April 5, 2021

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IX. General Policy and Administration

A. License Agreement for 106 South Allen Street Hotel State College & Company is seeking approval to construct a pedestrian walkway along College Ave in front of Pickles. Commonly called a “pedlet”, to allow for an outdoor dining area. The proposal provides for outdoor dining while ensuring safe, ADA accessible and attractive pedestrian walkways. [Page 51] Pedlets are being proven as an effective strategy to support downtown master planning goals for greater walkability and more outdoor dining. Additional outdoor dining is consistent with the goals of the Downtown Master Plan, and this proposal has been endorsed by the Downtown State College Improvement District. [Page 57] Council is asked to refer this proposal to the Transportation Commission for review and comment at their April 13, 2021 meeting, with comments back to Council by April 16, 2021. Council will be asked to consider this proposal at its April 19, 2021 meeting. The Solicitor will draft the License Agreement for execution by the Borough, the Hotel State College, and the property owner.

Staff Recommendation: Staff recommends Council forward the proposal to the State College Transportation Commission for review and comment by no later than April 16, 2021.

X. Planning and Zoning

A. Substantial Amendment to the Borough of State College FY 2021 Consolidated Annual Action Plan

Council is asked to consider approval of the proposed substantial amendment to the FY2021 Consolidated Annual Action Plan, as outlined earlier during this meeting during the public hearing. Attached beginning on Page 23 is a Policy Briefing Summary including budget proposals based on the actual increased allocations from HUD. Also attached are the published legal notice announcing the proposed Substantial Amendment and a comment letter received from the Centre County Planning and Community Development Office in which the Planning Director, Ray Stolinas, states that the Borough’s proposed FY2021 Consolidated Annual Action Plan is consistent with the Centre County Comprehensive Plan, Phase I December 2003 and with the Centre County Affordable Housing Needs Assessment: A Blueprint for Action November 2005. The CDBG Citizens’ Advisory Committee reviewed the proposed substantial amendment at a public meeting on March 3, 2021 and unanimously recommended Council approval. The proposal was properly advertised, and a mandatory comment period has passed to receive public comment on the amendments. Staff Recommendation: Staff recommends Council approve the Substantial Amendment to the FY2021 Consolidated Annual Action Plan.


B. Consider Enactment of Zoning Map Amendment to Rezone 318 South Atherton Street

The Planning Commission (PC) has reviewed and provided a recommendation on an ordinance to rezone the properties at 318 S Atherton St (Tax Parcel ID # 36-11-448, 36-11-449-2P, and 36-11-449-1P) from Residence 2 (R2) to Residence 3 Historic (R3H). Council held a public hearing on the proposed amendment earlier this evening and may vote to enact the ordinance amending the zoning map at this time. [Page 35] Staff Recommendation: Staff recommends Council adopt the ordinance amending the Zoning Map to rezone tax parcels 36-11-448, 36-11-449-2P, and 36-11-449-1P from R2 to R3H. A roll call vote is required.

C. Short-Term Rental License Ordinance

Staff is working with staff of Granicus Host Compliance, a national short-term rental monitoring and regulatory solutions company, to develop a Borough-wide short-term rental licensing program. The purpose of this program is to ensure the Borough is aware of the location of short-term rental activity in order to confirm the use complies with zoning and does not become a nuisance and damage the health, safety or welfare of residents. The attached ordinance on [Page 23] establishes the license requirements for use of properties within the Borough on a short-term basis (less than seven consecutive days). Staff will present the highlights of the ordinance. [Page 61]

Staff Recommendation: Staff recommends that Council review the details of the licensing ordinance and be prepared to ask questions and discuss the item at the April 12 work session.

XI. Parking – No Business XII. Public Safety – No Business XIII. Public Works – No Business XIV. Diversity Equity and Inclusion

A. Update on Diversity, Equity, and Inclusion Programs

The Manager will provide a report and update on the Borough’s Diversity, Equity, and Inclusion programs. Following the update, Council may discuss the report and provide feedback to staff.


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XV. Official Reports and Correspondence

A. Mayor’s Report

B. President’s Report

1. Council met in an Executive Session prior to this meeting to discuss Real Estate, Legal, and Personnel Matters.

2. National League of Cities Congressional Cities Conference

C. Staff/Committee Reports

1. Update on American Recovery Plan 2. Tree City USA Award/National Arbor Day

D. Student Representative Reports

XVI. Adjournment



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State College Borough Council Policy Briefing Summary

RE: Amendment to the State College Borough (Borough)

2021 Consolidated Annual Action Plan (AP)

Date Prepared: March 24, 2021 Prepared By: Maureen Safko, Senior Planner Proposed Meeting Date: April 5, 2021 Deadline for Action: April 5, 2021

I.

change the project name to reflect this.change the OOR Program 2020-2022 target date to Dec. 31, 2021 andg.funding remaining for that project.extend the project completion date to December 31, 2021 since there is include the House of Care: Program Operations Project in the 2021 AP and f.Owner Occupied Housing Rehabilitation Program;allocate $13,525.12 in FY2017 CDBG Contingency funding to the 2020-2021 e.CDBG funding from the THF FTHB Program to the OOR Program 2020-2021.reallocate $3,057.15 in CDBG Program Income, and $1,788.10 in prior year d.HOME allocation.2021 HOME funding to THF would be restored next year from the FY2022 several additional large projects in 2021. It is intended that this reduction incomplete one housing unit and because THF is already obligated to complete Housing Development Organizations (CHDOs) with the funds necessary to because the 2021 proposed budget would not provide either of the Community the allocation equally with The HOME Foundation (THF). This is proposed Trust First Time Homebuyer (FTHB) Program 2020-2021 rather than splitting consolidate FY2021 HOME funding to the State College Community Land c.project from 60 individuals to 40.change the goal of the CDBG-CV - Housing Transitions: Program Operations b.allocations as outlined in the attached budgets.align FY 2021 CDBG and HOME budgets from estimates to actual grant a.

substantial amendment that would:for the coming year. Council is asked to consider approval of a proposed Action Plan from estimates to actual grant allocation amounts and to adjust goals A substantial amendment is needed to adjust the 2021 Consolidated Annual

funding. Similarly, the HOME allocation is 6.2% higher than in 2020.and HOME Programs. The CDBG budget increased by 5.2% over the 2020 On February 25, 2021, HUD announced actual allocations for the FY 2021 CDBG

CDBG, and HOME funds based on a budget estimated at FY 2020 funding levels.On December 21, 2020, Council approved a FY 2021 Annual Action Plan for

College Borough (Borough) 2021 Consolidated Annual Action Plan (AP).Council is asked to review the proposed Substantial Amendment to the State

Request/Issue Needing Committee Action


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h. correct incidental typographical errors.

The State College Borough Citizen Participation Plan requires that a substantial amendment process be followed, which includes an advertisement, a 30-day comment period, a public hearing, and action by Borough Council. The attached notice, which allowed for a 30-day comment period, was published on March 5, 2020 and posted on C-NET and on the Borough’s website.

II. Current Policy and/or Practice

Per the Citizen Participation Plan a Substantial Amendment to the Consolidated Plan is necessary when an activity is added or deleted, when the scope of an approved activity changes, when there is a proposed change in commitment of funds beyond 25% of the original allocation or $25,000, whichever is greater and when there are environmental impacts which were previously not considered. Proposed amendments meet several of these criteria.

A summary of the proposed CDBG budget amendments was posted on the Borough’s website, on CNET and was published in the Centre Daily Times on March 5, 2021. Following a 30-day public comment period, which expired on April 5, 2021, a virtual public hearing will be held electronically during Borough Council meeting on April 5, 2021 at 7:00 PM. Borough Council will take action on approval of the proposed Substantial Amendment later during the meeting on April 5, 2021 giving consideration to public comment received either in writing or during the public hearing.

III.

IV.

V.

VI.

presented.Advisory Committee to support the proposed Substantial Amendments as Staff requests that Council consider the recommendation of the CDBG Citizens’

Staff Recommendation

pending receipt of public comment.Council is asked to act on the proposed substantial amendmentsrecommend it to Borough Council for consideration and approval.amendment at its meeting on March 2, 2021 and voted unanimously to The CDBG Citizen’s Advisory Committee reviewed the proposed

Authority, Boards and Commission Review

does not result in an adverse impact on Borough funds.CDBG and HOME budget estimates with actual HUD allocations andThe proposed substantial amendment aligns the current estimated

Financial Impact on Budget

FY2021 budget details. The detailed public notice is also attached.The existing and proposed budgets are attached with CDBG and HOME

Other Background Information


VII.

Legal Notice: Notice of Public Comment Period/Public Hearing-03/5/20213.2021 AP Centre County Planning and Development Department Review Letter2.Proposed Budget Amendments 1.

Attached:

amendment to the 2021 Annual Action.Council members are asked to approve as presented the substantial

Action Needed


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FY2021 CDBG and HOME Estimated Budgets and Actual Allocations FY2021 CDBG

Estimated Budget Council Approved

in December 2020 Change

Actual Allocation Received

2/25/2021 Proposed Use

Administration and Planning

$97,436.60 $5,474.80 increase $102,911.40

Plans & Reports $6,500.00 no change $6,500.00

Centre Safe $29,252.00 $1,540 increase $30,792.00

House of Care $17,319.00 $912 increase $18,231.00

Housing Transitions, Inc. $16,826.00 $886 increase $17,712.00

Burrowes Street Youth Haven $9,382.00 $495 increase $9,877.00

CCYSB Independent Living Program $5,173.00 $273 increase $5,446.00

Public Facilities and Improvements 2020-2021 CIP Project - Park** *

2021 CIP Project - Streetlights $250,000.00 no change $250,000.00

Housing Borough First Time Homebuyer Program $43,897.20 $8,896 increase $52,793.80

OOR Program $43,897.20 $8,896 increase $52,793.80

Total $519,683.00 $547,057.00

FY2021 HOME

Estimated Budget Council Approved in December 2020 Change

Actual Allocation Received

2/25/2021 Proposed Use

Housing (85%)

SCCLT Homebuyer Program $122,533.02 $122,533.03 increase $260,375.40

THF FTHB Program $122,533.03 $122,533.03 decrease $0.00

CHDO Operating Support (5%) SCCLT Operating Support $7,207.83 $450.27 increase $7,658.10

THF Operating Support $7,207.82 $450.27 increase $7,658.10

Administration (10%) $28,831.30 $30,632.40

Total $288,313.00 $0.00 $306,324.00

General Admin (20% per HUD Limit)

Human/Public Services (15% Limit)


Advertisement Date: Friday, March 5, 2021

LEGAL NOTICES NOTICE OF PUBLIC COMMENT PERIOD

NOTICE OF PUBLIC HEARING

Notice of Availability of a Substantial Amendment to the Borough of State College (Borough) 2021 Consolidated Annual Action Plan (AP) for Public Review and Comment

State College Borough Council (Council) will consider revisions to the 2021 AP regarding the proposed use of Community Development Block Grant (CDBG) Program Funds and HOME Investment Partnership (HOME) Program Funds. On Feb. 25, 2021 HUD announced actual CDBG and HOME allocations. The Borough will receive $547,057 in FY2021 CDBG funding (a 5.2% increase from the estimate) and $306,324 in FY2021 HOME funding (a 6.2% increase from the estimate). A proposal follows for allocation of the revised funding amounts. For the FY2021 CDBG funding, a total of $82,058 is allocated to public services. Of this total, $30,792 is allocated to the Centre Safe: Staffing Program, $18,231 to the House of Care: Staffing Program, $17,712 to the Housing Transitions, Inc.: Employment and Housing Services, $9,877 to the Burrowes Street Youth Haven: Shelter Staffing Program, and $5,446 to Youth Service Bureau Independent Living Program: Program Operations. A total of $250,000 is allocated to public facilities and improvements project, the 2021 CDBG Infrastructure Project: Streetlights – Beaver Ave. A total of $105,587.60 is allocated to housing, with $52,793.80 allocated to the Borough First Time Homebuyer (FTHB) Program and $52,793.80 to the Owner-Occupied Housing Rehab (OOR) Program. A total of $109,411.40 is allocated to CDBG administration (admin) and planning. For the FY2021 HOME funding, a total of $260,375.40 is allocated to the State College Community Land Trust (SCCLT) Homebuyer Program 2021. For Community Housing Development Organization operating support, $7,658.10 is allocated to SCCLT and $7,658.10 to THF. A total of $30,632.40 is allocated to HOME program admin. Due to the assessment of projects’ ability to meet proposed goals, the following changes are proposed. Change the goal of the CV - Housing Transitions: Program Operations project from 60 to 40. Taking out The Temporary Housing Foundation (THF) First Time Homebuyer Program 2020-2021 and reallocating the $3,057.15 in CDBG PI, and $1,788.10 in prior year CDBG funding to the OOR Program 2020-2021. Change the OOR Program 2020-2022 target date to Dec. 31, 2021 and change name to reflect this. The estimated amounts of prior year funding available will be updated with actual amounts. Since the CV – House of Care: Program Operations project has funding available, it will be included in the 2021 AP and the target date will be extended to Dec. 31, 2021. A total $13,525.12 in FY2017 CDBG funding contingency will be allocated to the OOR Program 2020-2021. Additionally, to complete projects in a timely manner, the Borough will utilize procedures set forth in Notice CPD-21-02 to incur pre-award costs. This is necessary because the Borough does not know when FY2021 funds will be available. This action will not affect future grants.


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A copy of the proposed amendment will be available for public review and comment online https://www.statecollegepa.us/426/CDBG-Citizens-Advisory-Committee from Mar. 6 through Apr. 4, 2021. Written comments on the proposed revisions will be accepted during this time by email to [email protected] or by mail to the Planning Dept., 243 S. Allen St., State College, PA 16801. Hard copies will be made available upon request.

Notice of Public Hearing on Substantial Amendment Council is scheduled to hold a public hearing and later consider taking action on the proposed substantial amendment during its virtual meeting at 7 pm on Apr. 5, 2021. Parties interested in participating may join electronically at https://us02web.zoom.us/webinar/register/WN_791yMt2XTN-jL6l8Zxa1eA. For updated information and further instruction on hearing participation please see www.statecollegepa.us, call 814-234-7109, TTY 814-234-7101, or email [email protected]. Persons with a disability or Limited English Proficiency who wish to participate are asked to contact the Planning Dept. at least 48 hours prior to the meeting to discuss your needs. Thomas J. Fountaine, II Borough Manager/Secretary


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PLANNING AND COMMUNITY DEVELOPMENT OFFICE

BOARD OF COMMISSIONERS Willowbank Office Building DIRECTOR MICHAEL PIPE, Chair 420 Holmes Street RAYMOND J. STOLINAS, JR., AICP

MARK HIGGINS Bellefonte, Pennsylvania 16823-1488

STEVEN G. DERSHEM Telephone (814) 355-6791

FAX (814) 355-8661

www.centrecountypa.gov

December 31, 2020 Mr. Ed LeClear, AICP Planning and Community Development Director Borough of State College 243 South Allen Street State College, PA 16801 Re: 2020-2024 Consolidated Plan and the 2021 Annual Action Plan

Borough of State College Dear Ed: On behalf of Centre County, I would like to express our appreciation for the opportunity to review and comment on the Borough of State College’s Consolidated Plan for the period of 2020-2024 and the 2021 Annual Action Plan. It is clear that the objectives of the Consolidated Plan are to meet the community’s priority needs related to decent, affordable housing, a suitable living environment and economic opportunities. Our staff has reviewed the documents and commends the Borough staff for developing very comprehensive and inclusive Plans. In addition, we believe that the results of the extensive and thorough data collection conducted support the objectives, priorities and goals laid out in the Plans. After reviewing the document, the Centre County Planning and Community Development Office has determined that the Consolidated Plan for 2020-2024 is generally consistent with the Centre County Comprehensive Plan, Phase 1, December 2003, where, an adequate and diverse housing stock is critical to the County’s long-range development potential. The Plans exhibit consistency as well with the Centre County Affordable Housing Needs Assessment: A Blueprint for Action, November 2005. First, the Plans meet one the Centre County Comprehensive Plan’s Housing Goals by, “Ensure decent, safe, sanitary and affordable housing which is in suitable living surroundings and compatible with the natural environment, for every individual, regardless of age, sex, income, religious or ethnic background.” In the Consolidated Plan, the Borough has developed goals for rehabilitation of single-unit residential, acquisition for rehab, homeless prevention (especially in light of the Coronavirus), homeownership, rental, transitional and emergency housing in an effort to continue to meet the increasing needs in the community and to achieve the listed outcomes. Public comment during the review period reflected diverting resources to help prevent


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Mr. Ed LeClear, AICP Borough of State College December 31, 2020 P a g e | 2

homelessness, the need for more permanent emergency homeless shelter space and the need for improved broadband coverage and the need to reduce the cost s of developing affordable housing. Due to the fact that the Borough of State College has an excellent reputation for the programs it develops and administers, the Borough’s Rental Acquisition/Rehabilitation Program could serve as a model for Centre County to consider in the future. Secondly, increasing homeownership opportunities is a recommendation of the Centre County Affordable Housing Needs Assessment. Through offering down payment and closing costs assistance at a level that reduces the housing cost burden, homeownership is a viable option for first-time home buyers in this real estate market, whereby, the average sale price in the State College Area School in October 2020 was $392,174.64 according to the Centre County Association of Realtors. Moreover, the Centre County First Time Home Buyer program demand surpassed all previous years. The Borough’s continued support of first-time home buyers is consistent with this recommendation. Thirdly, increasing housing opportunities for people with disabilities and homeless households is also a recommendation of the Needs Assessment. In regard to the homeless population, the Consolidated Plan continues to provide for operational support to the emergency shelters. Since Centre County is not classified as a Participating Jurisdiction the programs and services funded through the Borough’s federal allocations, which are detailed in the Consolidated Plan, would go unfunded. These programs serve as a lifeline for individuals and families. The end result is that everyone benefits from not only the federal funds, but also the Borough’s commitment to its community. Also, it is important to note that the Continuum of Care approach to funding and implementing programs in the Borough of State College has had proven success by continuing to meet critical housing and human service needs and stabilizing homeless and near homeless individuals and families. State College Borough is actively leveraging additional private and local resources through the acquisition/rehabilitation rental project at Old Boalsburg Road that will create eight permanently affordable, three-bedroom townhouses, funded through FY2019 HOME funds in the amount of $309,540.26 and leverages $2,053,200 from other sources including PA DCED State HOME ($945,000), State College Inclusionary Housing Fund ($541,200), SCCLT($300,000), Centre County ($100,000), PHARE RTT ($100,000) and the HOME Foundation ($20,000). It is our understanding that 15% of the CDBG Funds will be for public service activities, approximately 17% of the 2021 CDBG funding is budgeted for housing activities, approximately 48% of the 2021 CDBG funding is budgeted for infrastructure projects and the remaining 20% of the 2021 CDBG funding are allocated for administration and planning. As for HOME, the Borough must set aside a minimum of 15% of its HOME allocation for Housing development activities to be owned, developed and/or sponsored by a qualified CHDO. Approximately 85% of the 2021 HOME Funding is allocated to THF and the SCCLT for affordable ownership and rental housing projects. The Borough may use up to 5% of itys annual HOME fund allocation for CHDO operating support and the remaining 10% of the 2021 HOME Funds are budgeted for administration and planning.


Mr. Ed LeClear, AICP Borough of State College December 31, 2020 P a g e | 3

Finally, the Centre County Planning and Community Development Office looks forward to working with the Borough and its staff on affordable housing related concerns in the future as Borough staff implements the Consolidated Plan and the Annual Action Plan. Sincerely,

Raymond J. Stolinas, Jr., AICP Centre County Planning Director RJS cc: Margaret Gray, County Administrator (email)

Betsy Barndt, Senior Planner II, County Housing & Community Development Coordinator (email)


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Out of the Cold: Centre County — P.O. Box 784, State College, PA 16804

December 1, 2020 Borough of State College 243 South Allen Street State College, PA 16801 To State College Borough Council, We, the undersigned and interested parties, hereby request the council to rezone the property at 318 South Atherton (Tax Parcel ID # 36-011-,448-,0000-, 36-011-,449-,0002P, and 36-011-,449-,0001P) and amend the zoning code from Residence 2 (R2) to Residence 3 Historic (R3H). The property is adjacent to existing R3H properties. 318 South Atherton is being offered for sale to our organization, Out of the Cold: Centre County. With this new classification we would be able to use the space as a community center and offer a permanent home for our low-barrier homeless shelter. Our non-profit has been serving the community for 10 years and has only seen the need for our services grow. If this request was approved, we would create an overnight shelter that could serve up to 30 guests. We would also be able to expand our day shelter and resource center hours, ensuring that there is always safe and welcoming space for those experiencing homelessness in our community. Thank you for your consideration and for your support of the work of Out of the Cold. Sincerely,

Sarah Potter, Program Manager 814-852-8864 [email protected] Kendra Gettig & Phil Jones, Chair and Vice Chair Out of the Cold Board of Directors


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Serving the Townships of College, Ferguson, Halfmoon, Harris, Patton and the Borough of State College The Centre Region is a Bicycle Friendly Community

Centre Regional Planning Agency

2643 Gateway Drive, Suite #4 State College, PA 16801 Phone (814) 231-3050 www.crcog.net

February 9, 2021

Mr. Thomas J. Fountaine, II

Borough Manager

State College Borough

245 South Allen Street

State College, PA 16801

RE: 318 SOUTH ATHERTON STREET REZONING – CRPC COMMENTS

Dear Tom:

The Joint Articles of Agreement of the Centre Regional Planning Commission (CRPC)

require that the CRPC review any proposed action of a governing body of a participating

municipality relating to:

1. The location, opening, vacation, extension, narrowing or enlargement of any street,

public ground, or watercourse;

2. The location, erection, demolition or sale of any public structures located within a

municipality;

3. The adoption, amendment or repeal of any official map, subdivision and land

development ordinance, zoning ordinance or planned residential ordinance.

This process facilitates regional cooperation and coordination by allowing members of the

CRPC to provide advisory comments to the governing body for its consideration.

At its regularly scheduled meeting on February 4, 2021, the CRPC supported the rezoning and

did not offer comments for consideration by the Borough Council.

Please call or e-mail if you have questions, or if you require additional information.

Sincerely,

Jim May, AICP

Director

cc: Ed LeClear, AICP, SCB Planning and Community Development Director

Corey Rilk, CRPA Senior Planner

Centre Regional Planning Commission


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http://www.crcog.net/



Meeting Minutes State College Borough Planning Commission

January 6, 2021 Virtual Meeting

The State College Borough (SCB) Planning Commission (PC) met on Wednesday, January 6, 2021 for a virtual meeting. Zoe Boniface, Chair, called the meeting to order at Noon. Members Present Zoe Boniface, Chair; Scott Dutt; Jon Eich; Anita Genger, Vice-Chair; Sarah Klinetob-Lowe; Ron Madrid; and Mallory Meehan Other’s Present Ed LeClear, Planning Director; Greg Garthe, Senior Planner/Zoning Officer; John Wilson, Zoning Officer; Isabel Storey, Senior Planner; Denise L. Rhoads, Administrative Assistant; Phil Jones, Out of the Cold (OOTC) ; Sharon Schafer, The Meeting House on Atherton; and other interested parties Election of Chair and Vice-Chair A motion to nominate Ms. Boniface for Chair was made by Ms. Genger and seconded by Mr. Eich. The vote was unanimously in favor. A motion to nominate Ms. Genger for Vice- Chair was made by Ms. Meehan and seconded by Ms. Klinetob-Lowe. The vote was unanimously in favor. Approval of Minutes A motion was made by Ms. Genger and seconded by Ms. Klinetob-Lowe to approve the December 17, 2020 meeting minutes as submitted. The vote was unanimously in favor. Chair Report Ms. Boniface, Chair, had nothing to report. Public Hour No comments or concerns were heard during the public hour. Community Planning

Request to Rezone 318 South Atherton Street

Mr. LeClear stated a request had been submitted by OOTC to rezone the properties at 318 South Atherton Street from Residence 2 (R2) to Residence 3 Historic


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(R3H). OOTC proposed to establish a non-profit operated permanent homeless shelter in the existing building, but it was not a permitted use in the R2 zoning district. The use would be permitted as a “community center” in R3H, which was consistent with the designation of Centre House, an emergency homeless shelter at 217 East Nittany Avenue operated by Housing Transitions, Inc. 318 South Atherton Street was immediately adjacent to the R3H district.

Mr. LeClear stated there would be no changes to the zoning text just a map change and the property would no longer be under the church umbrella designation. PC Comments

• Ms. Genger asked if in the future they wished to sell, how would that affect uses of the neighbors and building. Mr. Garthe shared some permitted uses in R2 district: 1) Bed and Breakfasts, 2) Child or Adult Day Care Center, 3) Community Centers, 4) Personal Care Homes for adults, etc. Ms. Genger also asked if there were traffic issues. Mr. LeClear stated there was enough parking to the rear per the ordinance.

• Ms. Boniface asked if there had been conversations with the Neighborhood Association and Mr. LeClear stated there had not.

• Mr. Madrid asked if staff was setting a precedent to accommodate a particular use. He asked what the criteria was for approval. Mr. LeClear stated this property had been problematic and was not sure why it had been designated R2, possibly because it was a church.

• Ms. Klinetob-Low noted she had worked with Mr. Jones to find a property that would work with our zoning and Centre Region code requirements and it was difficult. She was very excited that this property would work for a homeless shelter quite well.

• Ms. Genger noted the neighbors might have a problem with this and suggested having a conversation with the Neighborhood Association.

• Ms. Meehan suggested approving the map first while researching a text amendment. Mr. LeClear stated this issue would be included in the larger zoning rewrite. Mr. LeClear noted there were a lot of conversations with Houseasauras.

Mr. Eich made a motion to recommend the change from the R2 district to the R3H district and the zoning map change be waived and suggest that staff and Council seek input from the Neighborhood Association and Ms. Klinetob-Lowe seconded the motion. The vote was unanimously. Mr. Eich also noted Council should be aware that the proposed property was adjacent to an R3H parcel and the building was suitable for the building proposed and there would be adequate parking for the volunteers supporting the facility. Public comment

• Andrew Fenelon, a resident on Nittany Avenue, stated his support for proposal. He lived on Nittany Avenue and close to the shelter. He noted no one should have control over who their neighbors are, that was not the world we live in.

Mr. Jones stated they had several conversations with the neighborhood and had not received any negative comments.


Sign Ordinance Update Mr. LeClear stated the draft ordinance needed to go to Council first. Ms. Boniface confirmed it would not be included in the zoning rewrite. Mr. Garthe’s overview included:

• The current ordinance was adopted in 1976.

• The character of the Borough had changed, and many parts of the ordinance were obsolete and challenging to enforce.

• The draft staff was working on was based on a model from the APA-PA chapter. Next discussed: Area and Height

• Premises were allocated two square feet per linear foot of the building’s longest front wall, up to a maximum of 200 square feet per premises.

• Basement premises were limited to a total of 20 square feet.

• Sign area was calculated based on a rectangular, circular, or triangular bounding box which left “dead space” that counted against square footage.

• The recent increase to 35 feet allowed height would reduce the number of variance requests.

• Height limits became challenging for premises located above the first floor of larger mixed-use buildings.

• Signs in the Planned Commercial (CP1) district were currently limited to 10 feet in height versus the current limit of 35 feet in all other districts.

Next discussed: Moving Signage

• Current ordinance prohibited all moving signs.

• Exemptions may be appropriate for smaller, lower intensity moving signs.

• Video boards or other digital displays without commercial advertising were not specifically addressed in the current ordinance but had been prohibited because of their movement.

• Ordinance did not sufficiently address interior displays with movement that were visible from the street.

Mr. LeClear stated staff had some requests for scoreboards for school districts. Next discussed: Projecting Signs

• Current ordinance allowed one per premises except for corner lots where two were permitted. The ordinance mandated placement of each one on a separate exterior wall, however, allowed placing of both on the same wall such as grouping, may be reasonable.

• Current ordinance limited to a vertical dimension of 6 feet, which was very limiting for larger buildings. Projecting signs, regardless of vertical dimension must still meet the overall sign height requirements.


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Next discussed: Sign Illumination

• Current ordinance was vague. The new ordinance would better address “light trespass” across property lines.

• Staff supported an ordinance that would require illuminated signage to be turned off or dimmed consistent with zoning district hours of operation for specific uses.

Next discussed: Portable Signs

• No current provisions for these or sandwich boards.

• No licenses process or fees.

• Current enforcement was that business owners must not obstruct free pedestrian or vehicular movements on public sidewalks and streets.

Next discussed: Temporary Signage

• Limited duration signs were allowed for a 30-day period to one year. Renewals were annual. Mr. Garthe noted staff was discussing whether these should be licensed, and a fee charged.

• Temporary signs were currently limited to 28-days with an ability to renew four times annually and licenses and fees were not required. Staff recommended retaining this practice.

Mr. LeClear stated signage was a time-consuming request. PC comments

• Mr. Madrid asked if, at the next presentation, a sample could be provided. He suggested the Commission zone for the worst-case scenario not the best.

• Ms. Genger noted moving signs and many signs were stressful for drivers.

• Mr. Dutt reminded the Commission the original ordinance was written in 1976 and it was now 2021 and to keep in mind it might not have been written well. He noted to make sure the sign ordinance reflected the current needs.

• Ms. Boniface suggested to differentiate what was a sign and what was art.

• Mr. Eich asked if anyone had neon signs and should something be included in the ordinance.

• Add solar lighting as a way to light illuminating signs.

Official Reports and Correspondence

Borough Council (BC): Mr. LeClear had nothing to report.

Zoning Hearing Board (ZHB): Mr. Garthe & Mr. Wilson reported on the items below:

• Variance - PSU Liberal Arts Research and Teaching Building (LARTB) On December 17, 2020, the ZHB heard a request from the Pennsylvania State University (PSU) for a variance from the maximum height limit in the northern area of the University Planned District. The University planned to construct a mechanical penthouse on the roof of the proposed new LARTB along East Park Avenue and North Allen Road in order to set the building farther back from East


Park Avenue and avoid removal of some existing mature trees. A decision was expected at the January 12, 2021 ZHB meeting.

• Variance - 859 Saxton Drive Property owners of 859 Saxton Drive sought a variance to build an addition to their single-family home. The property was on a corner lot in the R-2 District. Requesting a 7-foot encroachment into one of their front yards. The hearing would be on January 12, 2021.

Upcoming Land Development Plans

• Final Plan - 1401 South Atherton Street Mixed Use Development

• Final Plan - West College Student Housing

Mr. Madrid asked about the VFW site. Mr. LeClear stated about four months ago there was significant interest from brokers. It was asked whether Council might be willing to rezone that parcel. Staff shared it would be a $2,500 fee to request that. Mr. Madrid also asked if the Traffic Impact Study for the property across from the O.W. Houts old property was done. Mr. LeClear stated the study was ongoing. Staff Updates: Mr. LeClear reported it would be the Borough Engineers last week and Administration had procured Engineering Services from an outside company.

Centre Regional Planning Commission (CRPC): Mr. Eich had nothing to report. The next meeting would be February 2021.

2021 Conflict of Interest Memorandum: Mr. LeClear reported this was an annual document to be shared at the first meeting of the new year. Upcoming Meetings Thursday, January 21, 2021 at 7 p.m. Wednesday, February 3, 2021 at Noon

Adjournment With no further business to discussion, a motion was made by Ms. Klinetob-Low to adjourn the meeting at 1:00 p.m. Respectfully submitted, Denise L. Rhoads Administrative Assistant


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ORDINANCE ______________

AMENDING THE STATE COLLEGE BOROUGH ZONING MAP TO CHANGE THE

ZONING DESIGNATION FOR TAX PARCELS 36-11-448, 36-11-449-2P, AND 36-11-449-1P

FROM RESIDENCE 2 (R2) TO RESIDENCE 3 HISTORIC (R3H)

AS SHOWN IN THE MAP BELOW.

ENACTED AND ORDAINED this _____ day of ___________________, 2021.

ATTEST: BOROUGH OF STATE COLLEGE

____________________________ By: _____________________________

Sharon K. Ergler Jesse L. Barlow

Assistant Borough Secretary President of Council

EXAMINED AND APPROVED as an Ordinance this _____ day of ______________, 2021.

______________________________

Ronald L. Filippelli,

Mayor


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Dear Borough Council, On behalf of the Holmes Foster Neighborhood Association (HFNA), I am writing to demonstrate our support for Out of the Cold Centre County (OOTC)'s request for rezoning of 318 S. Atherton Street, State College, PA 16801. All Holmes Foster neighbors who live in close proximity to OOTC's operations and responded to my requests for comment are overwhelmingly in favor of the program remaining at it's current location and support the request for a zoning change. Here are some of the comments from Holmes Foster Neighbors that were received: "I am strongly in favor of the zoning change and having Out of the Cold move in permanently. I have no reservations, and honestly think having the permanent shelter there would be a positive thing for the neighborhood and for the shelter residents." --Andy Fenelon, 417 W. Nittany Ave. "We have not had any issues at all with OOTC operating as an overnight shelter at 318 S. Atherton St. We've been glad to have them there since we do feel they provide a valuable resource." --Julie Hoy-Ryland & Terry J. Ryland, 400 block of S. Barnard St. "I am very impressed by the work of OOTC and have not had a single concern with them as very close neighbors. In fact, I have not been impacted in any way by their presence for the last year. I have no concerns whatsoever and am happy to see that they have finally found a location for their important work." --Sharon Schafer, 418 W. Nittany Ave. Some neighbors did have questions regarding OOTC's plans for the future--questions around capacity and expansion. It would be great to hear more from our OOTC neighbors about their mission and vision for the future--perhaps with an open house/annual meeting-type event in the future when it is safe to do so. Because of my own extensive professional and volunteer background in housing advocacy and support in Centre County and south eastern PA, I feel it also important to add that Centre County has a uniquely collaborative approach to services that is essential to it's continued long-term effectiveness for our neighbors in need. OOTC has demonstrated that it complements the vital services of agencies such as Centre House and Centre Safe, and serves a population that had previously gone underserved in our region. We hope that OOTC’s partnership with these agencies strengthens and continues to create pathways for our homeless neighbors to find lasting stability and housing security. Please reach out if you have any questions or comments, and thank you for your service to our community. Respectfully, Dawn Dawn Maguire, President Holmes Foster Neighborhood Association [email protected] [email protected] 814-571-3789 (c)


mailto:[email protected]

mailto:[email protected]

ADDENDUM CONSENT AGENDA

April 5, 2021

VIII. Consent Items

Recommendation: Staff recommends that Council approve the following consent items. A. Refer to the Planning Commission a request to work with Borough staff on

a replacement of the existing Sign Ordinance. This work is not included in the comprehensive zoning revision, so the effort would be staff-led and the Planning Commission would provide a recommendation to Council at a future meeting.

B. Award the replacement of the existing cooling unit on the roof of the

Municipal Building to McClure Company in the amount of $51,671.00.

C. Approve a Resolution declaring Saturday, April 24, 2021, as ClearWater Conservancy’s annual Watershed Clean-Up Day in the Borough.

D. Approve, with conditions, the road closure of Locust Lane, from East Calder Way to East Beaver Avenue, starting every Friday from May 7, 2021, to November 19, 2021, from 9 a.m. to 6 p.m., for the Downtown Farmers Market.

E. Mutually agree with the State College Area School District to extend the deadline to provide the notice to modify or cancel the South Track Lighting Agreement until August 6, 2021.

F. Approve a noise waiver for Penn State’s College of Engineering Building’s West 2 Project to allow the contractor to make concrete pours on campus and provide notice to businesses and residents adjacent to the truck route at least 72 hours prior to a pour.


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State College Borough Council Summary Information for the Award of Contract

Project Number: 17-2021 Project Name: Replacement of Cooling Unit Date Prepared: 03-19-2021 Prepared By: Thomas Brown, Facilities Manager Proposed Meeting Date: 04-05-2021 Deadline for Action: 04-05-2021

1. Project Description: Replacement of the cooling unit for the Semco HRU-1 air handling unit on the roof of the Municipal Building.

2. Other Background Information: There have been numerous failures involving the original cooling unit component of the air handling unit for the Municipal Building in recent years. Replacement parts are not readily available for this unit and the required R-22 refrigerant is being phased out of production. Because the unit is obsolete and failures increasing, staff proposed replacing the unit in the 2021 budget. Staff researched replacement options and requested proposals from several vendors. Due to the value of the contract, PA Prevailing Wages must be paid. To expedite the project, staff researched availability of contractors via PA COSTARS. McClure Company of State College, PA, is a registered COSTARS provider and installer of this equipment. Via the PA COSTARS program, public bidding requirements are satisfied by the solicitation conducted by the Commonwealth.

3. Funding Source: Funding for this project was approved in the 2021 operating budget and is available in

account B130-20-72-00-0000-000-93730-BD131.

4. ABC Review and Comments: N/A

5. Solicitor Comments: N/A

6. Staff Recommendation and Reason: Public Works staff recommends that the contract be awarded to McClure Company of State College, PA, in the amount of $51,671.00.


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RESOLUTION ____

DESIGNATE APRIL 24, 2021 AS WATERSHED CLEANUP DAY

IN THE BOROUGH OF STATE COLLEGE

WHEREAS, the Borough of State College recognizes the work of the ClearWater Conservancy’s

annual Watershed Cleanup Day and congratulations them on the 25th anniversary of

the event this year; and,

WHEREAS, in each of the last several years, over 500 community volunteers have helped remove

and properly dispose of more than 3,000 tons of trash from nearly 50 sites at

roadsides, parks, streams and forests throughout Centre County; and,

WHEREAS, the efforts of volunteers and the generous support of local contractors and financial

donors have enabled the Watershed Cleanup Day project to meet and exceed their

goals over the last 24 years; and,

WHEREAS, Slab Cabin Run, Thompson Run, Walnut Springs, Penn State Duck Pond and the

Westerly Parkway Stormwater Detention Facility within the Municipality’s

boundaries benefit from the cleanup day; and,

WHEREAS, the Borough of State College will be joining with other local municipalities in the

cleanup efforts; and,

WHEREAS, the State College Borough’s involvement will enable the Conservancy to reach their

goal and continue the proud tradition of natural resource stewardship, community

involvement and environmental education; and,

WHEREAS, by partnering together for Watershed Cleanup Day, we champion our commitment to

improve the environmental quality of central Pennsylvania; and,

WHEREAS, State College Borough residents benefit greatly from the Watershed Cleanup Day

sponsored by ClearWater Conservancy.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Borough of State College hereby

designates April 24, 2021 as Watershed Cleanup Day and pledges the following:

1. Appoint Public Works Operations Manager and Acting Public Works Director, Eric Brooks, as

the municipality’s site coordinator (site to be determined by the Conservancy);

2. The use of Municipality’s trucks and equipment for the cleanup activities, as needed by the

Conservancy;

3. The use of up to two Public Works employees to assist in the cleanup efforts;

4. Encourage all staff and citizens to participate by publicizing the event on the State College

Borough’s website and social media accounts, as well as placing flyers in the Municipal Building

and including in internal communications.

RESOLVED, this 5th day of April 2021 by the Council of the Borough of State College.

Attest: BOROUGH OF STATE COLLEGE

Sharon K. Ergler Jesse L. Barlow

Assistant Borough Secretary Council President


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Locust Lane Market Covid-19 Protocol

Each vendor and staff must wear face masks during market

hours.,

Each booth must have hand sanitizer and table sanitizer

No tablecloths to be used. Tables must be sanitized periodically

at market. No food items where customers can touch them.

No reuse of bags or handling of customers cloth bags.

Maintain social distancing.

Vendors or staff testing positive for covid-19 or household

members testing positive for Covid-19 must notify market

management.

No product sampling.

Signage for social distancing, mask requirement will be

provided. Central hand sanitizer will be provided.


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State College Borough Council Policy Briefing Summary

RE: Request a Noise Waiver for Penn State’s College of Engineering West 2 Building

Date Prepared: April 1, 2021 Prepared By: Sharon K. Ergler, Assistant Borough Secretary Proposed Meeting Date: April 6, 2021 Deadline for Action: April 9, 2021 I. Request/Issue Needing Council Action

Whiting-Turner, a contractor for Penn State University, is requesting an extension of work hours for the construction of the College of Engineering’s West 2 Building. Specifically, the activities requested by the contractor include early-morning concrete pours that are critical to the West 2 project schedule and cannot be completed within the 7 a.m. to 7 p.m. requirements of the Borough’s Noise Ordinance.

Whiting-Turner has agreed, if noise waiver is granted, to provide a 72-hour notice to the property owners, residences and businesses along the route to the construction site. Actual dates of the concrete pours will be determined as the project progresses. Staff has worked with the contractor to revise the truck route to limit the number of residences impacted by the truck noise beginning at 5 a.m. and ending at 8 p.m. The proposed concrete pour dates are:

1. 4/14 – 4/16 2. 4/19 – 4/22 3. 4/23 – 4/27 4. 5/17 – 5/19 5. 7/01 – 7/12 6. 7/12 – 7/16 7. 8/23 – 9/01

Staff wants to note that all construction will occur on the University Park campus and not in the Borough.

II. Other Background Information – N/A

IV. Financial Impact on Budget – N/A V. Authority, Boards and Commission Review – N/A VI. Staff Recommendation

Staff recommends Council approve the noise waiver and require the contractor to notify the Borough, Fire Department, Centre LifeLink, adjacent property owners, residences and businesses a minimum of 72 hours before each scheduled pour. Notification must provide the contact information in case there is a complaint.


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Pickles Pedlet Proposal Overview: Hotel State College & Company is seeking approval to construct a pedestrian walkway along College Ave in front of Pickles. Commonly called a “pedlet”, these pedestrian walkways are becoming increasingly popular in towns across the country as a way to support the demand for additional outdoor dining while ensuring safe, ADA accessible and attractive pedestrian walkways. Pedlets are being proven as an effective strategy to support downtown master planning goals for greater walkability and more outdoor dining. Background: Prior owners of Hotel State College had a 3 year agreement with the Borough that enabled construction of a seasonal outdoor dining deck, from April 1 through October 31, expiring in 2020. Details: The new owners of Hotel State College (HSC) are seeking a new agreement with the Borough that includes the following:

• HSC would rent from the borough two parking spaces directly in front of Pickles to be used for the pedlet. The rental would be a fair market value to ensure the Borough does not lose parking meter revenue.

• HSC would construct the pedlet and outdoor dining deck at it’s own cost with a focus on providing an attractive walkway and deck, in accordance with the rendering, that enhances the streetscape along Allen Street.

• HSC would construct the pedlet and deck no earlier than April 1, with removal no later than October 31.

Exhibits: Exhibit A – Rendering of pedlet and deck at Pickles Exhibit B – Photo of a constructed pedlet in use


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Exhibit A - Rendering of pedlet and deck at Pickles

Exhibit B - Exhibit B – Photo of a constructed pedlet in use



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provided to accommodate performance venues. While this block will be open to traffic most of the time, it will “feel” like a space where pedestrians are the primary user and vehicles are secondary users. At the time of detail design, the spacing of these elements will need to be coordinated with businesses and their delivery requirements to accommodate this important function.

Other design elements will include kiosks, signage and banners to reinforce the downtown community brand, bicycle accommodations and public art. Earlier master plans suggested overhead “string lights” as a way to further enliven the street. While this would certainly enhance the atmosphere of the street, it is important to maintain the view to the Allen Street gates and Pattee Mall and avoid overhead elements that would detract from this view. Instead, these should be reserved for Calder Way as described later in this report.

An additional early opportunity for this block is to experiment with “pop-up cafes” or “parklets” in place of some of the parking spaces. These would allow the expansion of the pedestrian zone in some areas without having to close the street to vehicles and parking. This concept is employed throughout the world to accommodate outdoor dining, additional seating areas, vendor carts or merchant display areas for certain seasons, while allowing the space to revert to parking during other times of the year. There are a number of ways that this can be managed. In New York City, these outdoor seating areas are open to anyone and shared among businesses since they are located within the public right-of-way. In Frederick, Maryland, individual businesses can obtain a permit to use the space for their business and patrons (outdoor dining or display space), provided there is unobstructed pedestrian access along the sidewalk. The Borough and Downtown Improvement District could experiment with this concept even before the new streetscape is constructed. Frederick, Maryland allowed two pop-up cafes as a multi-month experiment in 2012.

With the complete reconstruction of the street and removal of the curb, there is an opportunity to incorporate innovative

Many precedents exist for continuous brick paving along urban streets and adjacent sidewalks. Court Street in Greenville, SC (top left) shows how bollards can be used to separate vehicular and pedestrian zones. The roadway as seen in Annapolis, MD (bottom left) sits below the sidewalk as part of a typical street section, but the uniformity of materials conveys a pedestrian-oriented space while still facilitating vehicular access to commercial uses.

storm water management practices into the streetscape design. In particular, water from building downspouts might be directed to new interconnected tree planting pits or collected for irrigation of planter pots. Similarly, tree planting pits may be interconnected to utilize storm water runoff from the street. However, because of the limestone geology, geotechnical surveys will need to be conducted during the design phase to determine any techniques that might be appropriate.

Additional design recommendations and materials are outlined in Appendix C: Design Guide. The design concepts for the intersection with College Avenue is described and illustrated on the following pages under “College Avenue.”

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College Avenue

Calder Way

See Enlargement

Beaver Avenue

A. Enlarged Bulb-Out and Bicycle Storage

B. Brick Sidewalks; Bollards Between Sidewalks and Street

C. Brick Paving in Street; Flush with Sidewalk Grade

D. Brick Crosswalks at Calder Way

E. Relocated or New Street Tree, Typ.

F. Brick Paving Along Beaver Avenue to Match Existing Borough Standard Adjacent to Schlow Library

G. Stamped Concrete Crosswalks to Match Treatment Along College Avenue; Center of Intersection Remains Asphalt

H. Outdoor Seating/ Merchandise Display Opportunities

I. “Pop-Up Cafes” or “Parklets” in Parallel Parking Zone; May Be Temporary or Permanent and May Rotate Locations

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1

Section XXX

Short Term Rental License

SECTION XXX.X SHORT TERM RENTAL LICENSE

XXX.X.X Definitions. The following words and phrases when used in this section shall, for the purposes

of this section, have the following respective meanings, except where the context clearly indicates a

different meaning:

(1) Director. The State College Borough Planning Director or a designee duly authorized to act for

the director.

(2) Dwelling. A house, apartment, or other place of residence.

(3) Operator. The proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-

term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession,

licensee, or any other possessory capacity.

(4) Person in Charge (PIC). Short term rental agent that is located within 25 miles of each short-term

rental property and available twenty-four hours, seven days a week for response.

(5) Principal Place of Residence. A residential dwelling unit occupied by an owner or tenant.

Occupancy does not require the owner or tenant (s) to be physically present in the unit at all

times or continuously, but it must be the usual place of return. The occupant’s names(s) must be

on the title or the lease. This is validated by documents that include the property address. The

documents that can be provided to prove occupancy include but are not limited to driver’s license,

government-issued identification card, vehicle registration, voter registration card, cancelled

checks, statements such as medical or utility services, bank and charge accounts, income tax

records, insurance statement, pay stub, listed in the telephone directory, cell phone bill, and

passport. For the purposes of this ordinance, a minimum of two documents must be provided for

review that include the property address occupied and one must include a photo of the applicant.

These documents shall be used to establish if the residential dwelling unit is the primary place of

residence of the applicant.

(6) Short term rental. The provision of a room or space that is suitable or intended for occupancy for

dwelling, sleeping, or lodging purposes, for a period of fewer than 7 consecutive days, in

exchange for compensation for the occupancy.

(7) Short term rental license. The annual license issued to persons engaged in a short-term rental

business.

(8) Substantiated complaint. A complaint in which a violation has been issued and the disposition of

that violation is any of the following: guilty, nolo contender, acceptance into an alternative

adjudication program, fine has been paid, or a warrant has been issued for the violation.

XXX.X.X. Scope. No owner or property within the Borough of State College may offer, operate, rent, or

otherwise make available or allow any other person to make available for occupancy or use a short-term

rental without a short-term rental license. Offer includes through any media, whether written, electronic,

web-based, digital, mobile, or otherwise. This Part shall require the licensing of all short-term rentals as

defined in Section XXX.X.X(5).

XXX.X.X. Purpose. The regulation and licensing of short-term rentals is intended to:

(1) Protect the health, safety, and welfare of persons affected by or subject to the provisions of this

Chapter;

(2) Ensure that owner(s) of a short-term rental, persons-in-charge, and tenants are informed of, and

adhere to, all applicable code provision governing the use and maintenance of short-term rentals;

and


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(3) To monitor and mitigate impacts created by occupancy of short-term rentals.

XXX.X.X Administration. The Borough of State College Planning Department, as directed by the

Borough Manager, shall be responsible for ensuring the equitable and effective administration of this

Section.

SECTION XXX.X.X APPLICATION FOR SHORT TERM RENTAL LICENSE

XXX.X.X. Application. Application for a short-term rental license within the Borough of State College

shall be submitted to the Planning Department.

(1) Every person engaging in a short-term rental business shall annually file with the director an

application for a short-term rental license and pay a fee as established by Council resolution. The

application shall be filed within 30 days of the start of a short-term rental business, or the

enactment date of this ordinance. The application shall be on a form prescribed by the director

and shall contain:

(a) the name, address, telephone and email address under which the application operates or

intends to operate the business;

(b) the address and unit number in the Borough from which the business is to be conducted;

(c) the name, address, telephone and email address of the Person in Charge (PIC) that is

located within 25 miles of each short-term rental property;

(d) certification that the property is the principal place of residence of either the owner or at

least one tenant of the property;

(e) confirmation of whether the owner of the property currently receives the homestead

exclusion on real estate taxes on the property;

(f) if the operator is not the owner of the short-term rental, proof of owner/landlord approval

to operate the short-term rental is required to be submitted with the application;

(g) confirmation that the operator is aware the Borough of State College will provide

information submitted on this application to the relevant taxing authorities; and

(h) such other information as the director may require to achieve the objectives of this

chapter.

(2) Attached to, and concurrent with submission of the application, the owner shall provide a

notification letter stating:

(a) a description of the operation and number of bedrooms that will be rented; and

(b) how to contact the owner of the short-term rental property, and the Person-in-Charge

(PIC).

XXX.X.X. Registered Short Term Rentals. Upon approval of the application by the director, and

payment of any required fees, a license shall be issued for each location from which a short-term rental

business is to be conducted or operated in the Borough. The license shall:

(1) be conspicuously displayed at all times at the place of business for which it is issued;

(2) licenses can’t be transferred or assigned or used by any person other than the one who it is

issued or any location other than the one it is issued to; and

(3) license number shall be published in every print, digital, or internet advertisement and any

property listing in which the short-term rental is advertised.

(a) Failure to obtain a license and advertise a property without publishing the license number

in every print, digital, or internet advertisement will result in a fine to the property owner:

1. 1st Violation—Warning letter sent to property owner. Property owner has 14

days to apply for a Short-Term Rental License.

2. 2nd Violation – Upon second or subsequent violation, the Borough of State

College may suspend or revoke the license. The suspension or revocation may

be appealed to the Director of the Planning Department.

3. Fines for all violations will be set by Council by resolution.


3

SECTION XXX.X.X. SHORT TERM RENTAL LICENSE EXPIRATION

XXX.X.X. Short Term Rental License expiration. A license for a short-term rental shall expire a year

from the date of issuance by the Borough for said property and may be renewed on an annual basis.

SECTION XXX.X.X. VIOLATION AND REPEAT OFFENSES

XXX.X.X. Occupancy without a license. It is unlawful to rent, offer to rent, or advertise for rent a

dwelling unit located on any property within the Borough as a short-term rental without a license

authorizing such use that has been approved and issued in the manner required by this chapter.

XXX.X.X. Nuisance complaints. If the Borough of State College receives four (4) substantiated

complaints against the property within a 12-month period arising out of the occupancy and use of the

short-term rental by a tenant, or the tenant’s visitors or guests, is a violation of this ordinance and the

short-term rental license will be revoked for a 12--month period starting from the date of the 4th violation

notice. Violation notices remain on your property for 12 months from the date of the violation notice.

Substantiated complaints include but are not limited to violations of any:

(1) Borough Ordinances,

(2) Health Ordinances,

(3) Zoning Regulations,

(4) Parking Regulations, and

(5) State and Federal Laws.

XXX.X.X. Occupancy of uninhabitable space. No person shall occupy for sleeping purposes, and no

owner or person-in-charge shall allow a person to occupy for sleeping purposes, the uninhabitable

spaces, as defined in the Centre Region Building Safety and Property Maintenance Code, of a short-term

rental. Each day that a violation exists shall constitute a separate offense.

XXX.X.X Penalty. Failure to register a property within 30 days of being offered for short term rental shall

result in a warning for the first offense, followed by a penalty to be paid by the operator in the amount of

established by Council by resolution. The director may waive such penalty if the failure to register was

due to no fault of the operator. Until such time as the operator pays the penalty and registers such

property, the operator may not continue to offer such property for short term rental. Upon repeated

violation of the registration requirement as it relates to a specific property, and upon notice, the operator

shall be prohibited from registering said property and from offering that property for short term rental.

Such prohibition may, for good cause, be appealed to the director.

XXX.X.X. Severability. If a section, subsection, sentence, clause or phrase of this ordinance is, for any

reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of

this ordinance.


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