Planning Commission Minutes - May 5, 2021  PRESENT: ABSENT: STAFF:  Chairwoman Nancy Moore and Member(s): Joe Becker, Ed Andrulonis and  Diane Bernardo Member David Volpe  Code Enforcement/Zoning Officer, Zac Lawhead; City Solicitor, Toni Cherry; City Manager, John "Herm" Suplizio; and. Administrative Secretary, Bobbie  Shaffer.  The meeting was called to order at 4:16 p.m. by Planning Commission Chairwoman, Nancy Moore. The motion was made by Andrulonis and seconded by Becker that the Planning Commissionaccept  Approval of Minutes - April7,2021  the minutes of March 3, 2021 as presented by the Administrative Secretary.  VOTE AYES: ABSTAIN: NAYS: MOTION PASSED: Visitor'sComments: None Old Business: None New Business: DMDTON/EC-Subdlvsen  Commission Members: Andrulonis, Becker and Chairwoman Moore  Member Bernardo None 3-0  Code Enforcement/Zoning Officer Zac Lawhead presented the request to the Planning Commission. Lawhead stated that Dubrook is no longer Dubrook it is nowl LILA Holdings, LLC. LILAHoldings, LLC isselling four acres to YBC both entities are involved in Building Material Supply. The request meets all requirements; they will continue to share the access road and it is written in both Deeds. The motion was made by Becker and seconded by Andrulonis that the Planning Commission accept the recommendation of the City Engineer and forward the request for subdivision to Council for  approval. VOTE AYES: ABSTAIN: NAYS: MOTION PASSED:  Commission Members: Bernardo, Andrulonis, Beckerand Chairwoman Moore  None None  4-0  Downtown DuBois, Inc-Manyloyehemetsk,  At our last Council Meeting Councilwoman Bernardo discussed a problem that the Downtown DuBois would like corrected; some of our first floor storefronts are being converted into apartments. At that meeting Bernardo asked if we could put something in the books to keep that from happening. It was agreed by Council to send the issue to Planning to come up withasolution Ms. Yebernetsky addressed Planning and informed them that there are at few areas ini the downtown  that have already been converted to apartments.    When our Code Enforcement/Zoning Officer and City Engineer looked into the matter, it was discovered that West Long Avenue has two different zoning classifications. From Brady Street to the creek just before Syktich Appliance is classified as a Commercial District from the creek to North Main Street is classified as a Commercial Highway. ACommercial Highway (from Syktich's to North Main ST) does allow apartments on the first floor as long as there is also a commercial use such as an City Solicitor Cherry was adamant that there was never to be apartments on the first floor. Chairwoman Moore explained to the Commission the division of what was considered the downtown district and the area considered outside the downtown district. City Solicitor Cherry finds it unbelievable that aj portion West Long Avenue would be considereda Code Enforcement/Zoning Officer Lawhead asked if the inquiry had to deal with the Shuttleworth Ms. Yebernetsky saidi it did and also the Pringle building which is the building beside the old Dario's Member Becker asked if we could change the district from Commercial Highway to Commercial Lawhead stated that Commercial Central should be from Brady Street to Main Street with the exception of the Giant Eagle building which should stay Commercial Highway. Solicitor Cherry wanted to know why we wouldn'tinclude Giant Eagle. Member Andrulonis wanted a definition of Commercial Highway.  office.  Commercial Highway District.  building.  bar; she stated that someone is already living on the first floor.  Central.  Lawhead stated a Commercial Highway district is high traffic a lot of cars inanout. Chairwoman Moore wanted to know if the Commercial center extended to Washington. Avenue. Member Becker wanted to know how St. Michael's Terrace could be locatedina commercial central.  Solicitor Cherry stated that it had to do with ADA.  City Manager Suplizio asked if anyone has checked into why they may have set up two different City Solicitor Cherry addressed Yebernetsky and asked what the Downtown DuBois would like. She Suplizio reiterated his question, why did they do it? Lawhead wondered if Brown's Boot Shop may have had: something to do withit. They then proceeded to discuss the different businesses that had  districts on one Avenue.  doesn'twant to see the downtown turn into a slum.  been located ini the Shuttleworth building over the years.    Cherry feels that the Commercial Highway segment of West Long Avenue is inconsistent with the City Manager Suplizio asked if we changed the designation, how do we go back to Shuttleworth after he has spent $200,000 plus on his building turning it into apartments and tell him that it is no Ionger allowed. Andrulonis felt that to do sO, Shuttleworth could say we were limiting his ability to Cherry asked if the work he has done was permitted. Lawhead confirmed it has been. Cherryasked why he would permit it. Lawhead stated that under its currently classification it is permitted. Lawhead feels the only way forward is to deny any more permits with the stipulation that the  Main Street Program.  make al living.  remaining storefronts must remain as storefronts. Cherry asked if the old Mike's Lockshop building is ADA. itis a! Section 8. Member Bernardo said federal funds.  Lawhead stated it is not HUD funded, but it will be handicapped assessable. Lawhead stated he feels  Cherry asked if Lawhead is able to go in and inspect what they have built.  Lawhead confirmed he has, but it is still bare bones at this point. Shuttleworth is in a lawsuit with City Manager Suplizio said at the time it burned, he had two options, re-build or turn iti into aj parking Cherry said that she has no problem with mixing uses in the downtown; her problem is the slum Lawhead stated that the building is very fixable it is just going to take al long time due to the lawsuit. Member Becker asked ifi it will need to be inspected prior to occupancy. Lawhead confirmed it will.  the insurance company.  lot. Thankfully he decided to rebuild. lords that shelter people inhumanly.  Cherry asked if PennSafe does the inspection. Lawhead confirmed that they do.  Member Andrulonis asked if there is a demand for commercial storefronts; if not wouldn't it be better to have something in there than tol have the building set empty. Yebernetsky stated that the problem with that, is once it goes to residential your never get the storefront back. Member Becker stated that when HUD pays the majority of the rent and the renter only pays $100a Cherry was forming her thoughts and said what if we leave it a Commercial Highway District and tighten the regulations, and put in design requirements. She then went on to say that she does not find the pictures painted on the side of buildings art she sees it as ghetto graffiti.  month the renter tends to trash the place.    Yebernetsky stated that people are going back to wanting to shopi in quaint little shops; coffee shops, downtown book stores and bakeries are coming back. We have al lot ofa available vacant Member Andruionis said grandfather what has already been permitted, change the zoning district Solicitor Cherry asked Lawhead to procure a copy of the State College Ordinance for her. Lawhead Member Bernardo stated that the country is just coming back from COVID. It's the perfect time to work on getting shops in the downtown. People see we have fixed it up with new: sidewalks, new  store fronts.  for future requests and make ar new ordinance requiring exterior design.  agreed.  lights, etc.  City Solicitor Cherry called an executive session at 4:46 p.m.  Adjournment VOTE AYES: ABSTAIN: NAYS:  The motion was made by Andrulonis and seconded by Becker that the Planning Commission adjourn.  Commission Members: Becker, Bernardo, Andrulonis and Charwoman Moore  None None  MOTION PASSED: 4-0