PATTON TOWNSHIP PLANNING COMMISSION JUNE 4, 2018 MINUTES REGULAR MEETING / WORK SESSION PAGE 1 of 10. Paul Christner, Asst.

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1 MINUTES REGULAR MEETING / WORK SESSION PAGE 1 of 10 ATTENDANCE Planning Commission Bill Steudler, Vice-Chairman Brian Rater, Secretary Richard Schmidt Robert Prosek Harry McAllister Township Staff Doug Erickson, Township Manager Ken Soder, Zoning Officer Paul Christner, Asst. Township Engineer Greg Garthe, CRPA Audience Chad Stafford, Penn Terra Engineering Tim Harlow, Hawbaker Engineering Jeremy Wagner, Excel Engineering Brent Brubaker, Sheetz, Inc. Brian Dinges, Sheetz, Inc. Heidi Nicholas, 1752 North Atherton Street Associates Ryan Conrad, Thomas English Retail Real Estate Mary Lou Dubil, Resident Rich Shore, Resident Betsy Whitman, Board of Supervisor Member/Resident 1. CALL TO ORDER REGULAR MEETING The June 4, 2018 regular meeting was called to order at 7:00 PM by Vice-Chairman, Mr. Bill Steudler. 2. ITEMS OF CORRECTION There were no additions or deletions to the agenda. 3. APPROVAL OF MINUTES Meeting minutes from the April 2, 2018 and May 7, 2018 combined Regular Meeting and Work Session were brought before the Planning Commission for approval. Mr. Harry McAllister made a motion to approve the meeting minutes as submitted. The motion was seconded by Mr. Richard Schmidt. The motion passed with a vote of PUBLIC COMMENTS There were no public comments at this point in the meeting. 5. ORDINANCE AMENDING THE OPEN SPACE REQUIREMENTS OF THE NATURAL RESOURCES & RECYCLING ZONING DISTRICT Mr. Greg Garthe provided the Planning Commission with a brief summary of the request to amend the open space requirements of the NR2 district and the draft ordinance that was requested at the May 7, 2018 Planning Commission meeting.

2 MINUTES REGULAR MEETING / WORK SESSION PAGE 2 of ORDINANCE AMENDING THE OPEN SPACE REQUIREMENTS OF THE NATURAL RESOURCES & RECYCLING ZONING DISTRICT (cont.) From the April 11, 2018 Board of Supervisors Agenda The Borough of State College (Borough) operates a leaf/grass/organics composting operation on a site formerly referred to as the the old Borough dump. This is the site of a closed, former landfill utilized by the Borough of State College more than 30 years ago. GOH Recycling Center, at 110 Hawbaker Industrial Drive, also operates on this site accepting and recycling construction materials. The site is bounded by I-99, the Colonnade, the Otto s property along N. Atherton Street and the businesses on the east side of Hawbaker Industrial Drive. The property was originally zoned NR-1 (Natural Resource) which permitted very little development of the property. The Borough s leaf composting operation, which pre-dated zoning, was then a legal, non-conforming use on the parcel. The NR-2 Zone was created in 2006 specifically for this property to permit the planned recycling center and make the leaf composting a conforming use. Under Pennsylvania law, municipalities have a greater ability to manage conforming uses as opposed to legal, non-conforming uses. A request has been submitted to the Township stating that the Borough is proposing to expand the composting capacity at this site and they ask the Board of Supervisors to consider a reduction in the required open space component of the site from sixty percent (60%) to forty percent (40%). The request further states This would increase the availability of land for the continued recycling and composting of yard waste. End of Board Meeting Agenda materials The Board of Supervisors referred the matter to the Planning Commission for study and a recommendation, and the issue was discussed at the May 7, 2018 Planning Commission work session. Tim Harlow, Hawbaker Engineering, explained that the Borough needs the additional space for its composting operation in order to process additional organics that are expected when organics recycling is offered region-wide in the future. The Planning Commission members unanimously directed staff to draft an ordinance to revise the NR2 district open space requirements as requested. The draft ordinance is being presented at tonight s meeting. Mr. Harry McAllister made a motion to recommend approval of the ordinance amending the open space requirements of the natural resources & recycling zoning district. The motion was seconded by Mr. Robert Prosek. The motion passed with a vote of 5-0.

3 MINUTES REGULAR MEETING / WORK SESSION PAGE 3 of CONFER FARM REPLOT OF EXISTING TAX PARCEL C & TAX PARCEL D Mr. Greg Garthe noted that the Confer Farm Replot of Tax Parcel C and Tax Parcel D proposes to reconfigure Lot 1 of the Confer Farm Subdivision, which is located along Buffalo Run Road (SR 550) in the Rural A-1 District. Lot 1 will decrease from acres to acres and become Lot 1R, while Tax Parcel C will increase from 0.87 acres to 2.97 acres. Lots 1R and 2 have existing single family homes on the, and a new house will be built on Tax Parcel C. The properties are accessed via a 50-foot wide private shared driveway easement; Confer Farm Lane. The site is outside the Regional Growth Boundary and Sewer Service area, so on-lot septic systems and private wells will be utilized for the residences. Township Staff finds that the Plan meets all Township regulations upon completion of all items noted on Staff s marked up comment letter. Mr. Chad Stafford, Penn Terra Engineering, provided a brief overview of the proposed replot. Mr. Brian Rater made a motion to recommend approval of the Confer Farm Replot of Tax Parcel C and Tax Parcel D, upon completion of the minor/technical items as noted on Staff s comment letter. The motion was seconded by Mr. Robert Prosek. The motion passed with a vote of PROPOSED TWO TENANT RETAIL DEVELOPMENT FOR THOMAS ENGLISH RETAIL REAL ESTATE (1860 NORTH ATHERTON STREET) Mr. Greg Garthe noted that the Proposed Two Tenant Retail Development for Thomas English Retail Real Estate (1860 North Atherton Street) proposes demolition of the former Denny s Restaurant and the construction of a new 5,402 square foot two-tenant retail building. The 0.69 acre site is located in the General Commercial (C1) zoning district, across from the Trader Joe s Plaza. The proposed tenants include a Sleep Number bedding store, and a Chipotle restaurant. The restaurant will include 1,100 square feet of indoor seating and 300 square foot outdoor seating at the front of the store. The existing parking lot will be removed and replaced with 37 new asphalt parking spaces (2 ADA). A short section of asphalt sidewalk that exists along the property frontage does not meet current Township standards, and will be replaced with a concrete sidewalk that meets the current construction standards. Currently, the site is accessed from North Atherton Street (SR 3014) and Cornflower Lane (Private Alley), but vehicles are prohibited from exiting the site by turning onto North Atherton Street and must utilize Cornflower Lane to exit the site. However, this land development plan proposes a right turn only exit onto North Atherton Street, which will need to be reviewed and approved through the PennDOT Highway Occupancy Permitting (HOP) process, including revisions to the traffic signal permit. The HOP process requires a Driveway/Local Road Permit when there is a proposal to install, alter, or remove a driveway, street or other means of passage of vehicles between a PennDOT roadway and an abutting property.

4 MINUTES REGULAR MEETING / WORK SESSION PAGE 4 of PROPOSED TWO TENANT RETAIL DEVELOPMENT FOR THOMAS ENGLISH RETAIL REAL ESTATE (1860 NORTH ATHERTON STREET) (cont.) Per 508(6) of the PA Municipalities Planning Code (MPC), no plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before driveway access to a State highway is permitted. Accordingly, a condition of approval related to this requirement has been added. Township Staff finds that the Plan meets all Township regulations upon completion of all items noted on Staff s marked up comment letter, the addition of a plan note per the PA Municipalities Planning Code 508(6), and the addition of the sidewalk and the crosswalk proposed in the sketch plan provided by the developers. Mr. Jeremy Wagner, Excel Engineering, provided a brief overview of the proposed development plan. Mr. Brian Rater expressed concern for patrons visiting a site and not being able to make a left turn from leaving the site and not being able to make a left from Park Forest Avenue and asked if signage should be added. Mr. Doug Erickson noted that it could be a suggestion that signage be added to the site, but the Township cannot require signage as Cornflower Lane is a private alley. Mr. Rater also was concerned about not having adequate lighting on Cornflower Lane. Mr. Wagner noted that they could add more lighting. Mr. Robert Prosek made a motion to recommend approval of the proposed Two Tenant Retail Development for Thomas English Retail Real Estate (1860 North Atherton Street), upon completion of the minor/technical items as noted on Staff s comment letter, Addition of a plan note, per the PA Municipalities Planning Code 508(6) indicating that the proposed exit onto North Atherton Street is required to obtain approval of a PennDOT Driveway/Local Road Highway Occupancy Permit, including revisions to the traffic signal permit, pursuant to Section 420 of the Act of June 1, 1945 (P.L.1242, No. 428), known as the State Highway Law, before driveway access to a State highway is permitted, Addition of a sidewalk and crosswalk connecting the sidewalk along North Atherton Street to the building, addition of Right Turn Only sign at the rear of the site, and addition of another street light at the rear of the property along Cornflower Lane. The motion was seconded by Mr. Richard Schmidt. The motion passed with a vote of REVISED MIXED-USE OVERLAY DISTRICT 2 ORDINANCE Mr. Greg Garthe noted that at their May 9, 2018 meeting, the Board of Supervisors conducted a public hearing for the proposed Mixed-Use Overlay District 2 (MXD2) ordinance. A motion to approve the ordinance failed on a 2-3 vote. As a result, the Board did not conduct the scheduled public hearing for the second ordinance, which would have rezoned the subject properties to Planned Commercial (C2) with the MXD2 overlay.

5 MINUTES REGULAR MEETING / WORK SESSION PAGE 5 of REVISED MIXED-USE OVERLAY DISTRICT 2 ORDINANCE (cont.) The matter was placed on the May 23, 2018 Board agenda for discussion because a number of individuals at the public hearing and several of the Board members had voiced concerns about affordable housing. The Manager offered a potential change to the MXD2 regulations to encourage the inclusion of more affordable units through the use of incentives. The incentives include one additional market-rate unit for each additional affordable unit constructed, plus a 1,500 square foot increase in the permitted impervious area on the site for each affordable unit beyond the required minimum. Additionally, both the market-rate and affordable units would be exempted from the maximum dwelling unit density of 12.5 units/acre. The Board expressed support for the proposal and directed staff to revise the ordinance accordingly. In accordance with the MPC and the Township Code, the Board has the option of developing an amendment to the Zoning regulations and then submitting it to Patton Township and Planning Commission and the Centre Regional Planning Commission (CRPC) at least 30 days prior to the public hearing to give them an opportunity to submit recommendations. The ordinances have been included on the June 7, 2018 CRPC agenda and have also been submitted to the County Office of Planning and Community Development for comments. Public hearings for the ordinance will be held on July 11, 2018 at the Park Forest Middle School. Resident, Mr. Richard Shore, addressed the Planning Commission with his concerns of the revised plan for Patton Crossing proposing more density. Resident, Ms. Mary Lou Dubil, addressed the Planning Commission with regard to her letter showing an example of a town center where she grew up. 9. STATUS ON PENDING ITEMS No additional comments on pending items. 10. REPORTS No additional reports were given. 11. OTHER BUSINESS There was no other business brought before the Planning Commission. 12. ADJOURN REGULAR MEETING The meeting was adjourned at 7:47 PM.

6 MINUTES REGULAR MEETING / WORK SESSION PAGE 6 of CALL TO ORDER WORK SESSION The June 4, 2018 work session was called to order at 7:51 PM by Vice-Chairman, Mr. Bill Steudler. 2. ELECTRIC VEHICLE CHARGING STATIONS Mr. Greg Garthe noted that at the May 7, 2018 work session, the Planning Commission discussed the potential for zoning regulations on electric vehicle (EV) charging stations. The members showed interest in supporting EV infrastructure in the State College area because the technology has increased in popularity as an alternative vehicle fueling source. Mr. Garthe noted that zoning is often used to allow, incentivize, or require EV infrastructure. In addition to promoting alternative energy and environmental sustainability, EV requirements or incentives are commonly used to help address range anxiety by providing a network of charging stations for EV users. The State college area has approximately 10 EV charging station locations. Patton Township has two of them, including one at the Sheetz convenience store in Woodycrest, and a standalone ChargePoint Charging Station in Williamsburg Square. At the May meeting, several of the Planning Commission members expressed concerns about the practicality of EV charging facilities, noting that Level 1 and 2 stations can take a considerable amount of time to charge a vehicle. The Washington State EV Zoning Guidance provide the following information related to the three currently available EV charging levels. Level 1 is present in homes and businesses and typically operates on a 15- or 20- amp breaker on a 120-volt Alternating Current (AC) circuit and standard outlet. Level 2 is expected to become the standard for home and public charging and typically operates on a 40- amp to 100-amp breaker on a 208 or 240-volt AC circuit. Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along freeways) and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Note that the term Level 3 is recommended to identify the increased power need tin a numerical fashion (i.e., 3 ), but the Level 3 charging level is also sometimes referred to as Fast charging and Rapid charging. Only the terms Level 1 and Level 2 are consistently used between industry and consumers. The use of Level 3 is not consistently used at this time. Once a consistent term is defined, local governments should adopt amendments to adopted definitions. Most of the stations in the State College area have Level 2 capabilities, however the Sheetz store in Woodycrest offers Level 3 DC Fast charging ports.

7 MINUTES REGULAR MEETING / WORK SESSION PAGE 7 of ELECTRIC VEHICLE CHARGING STATIONS (cont.) The Planning Commission received an EV charging guide explaining many of the basic industry terminology and considerations related to EV charging. They also received information on a joint effort between the city of Lafayette, CO and the US Department of Energy s National Renewable Energy Laboratory to collect and analyze data on EV infrastructure and vehicle ownership in the city in order to develop a strategic plan to switch to renewable fuel sources. The work studied EV ownership in relation to charging infrastructure, and studied demographic characteristics. It also provided a list of possible options for strategically expanding EV infrastructure in the city. Also, at the May Planning Commission meeting, several of the members requested input from local businesses that offer EV CHARGING. Mr. Brent Brubaker from Sheetz, Inc. was in attendance to discuss the topic and answer any specific questions related to that company s use the EV. Mr. Brubaker has indicated that Sheetz has been frequently approached by companies wishing to establish EV charging stations at their convenience stores, so he will be available to provide some general information on the contractual arrangements between EV providers and Sheetz. Mr. Brubaker will address some of the land use considerations that EV infrastructure presents. Planning Commission member, Mr. Richard Schmidt, has been in contact with Weis Markets, which offers EV charging at their Bellefonte store. Mr. Schmidt will provide a summary of what he has learned about Weis approach to EV. It is evident that EV technology is here to stay for the foreseeable future, and EV charging vendors have shown significant interest in establishing relationships with the private sector. In addition, there are federal and state transportation funds dedicated to supporting the development and deployment of EV technology (and a number of other alternative fuels). In December 2015, the Fixing America s Surface Transportation (FAST) Act was signed into law by President Obama. In support the Act s goal of strategic deployment of alternative fueling infrastructure throughout the US, the Federal Highway Administration (FHWA) has been working with other federal, state, and local officials, as well as private industry, to help plan and promote an Interstate network of alternative fueling stations for vehicles powered by domestically produced alternative fuels. The Act requires the US Secretary of Transportation to designate interstate corridors with sufficient EV charging, hydrogen, propane, and natural gas fueling facilities as Alternative Fuel Corridors. Designated corridor segments are classified as Corridor Ready, which means that a sufficient number of facilities exist to allow for corridor travel using one or more alternative fuels, or Corridor Pending, where are insufficient number of facilities exist at the present time, but some facilities exist and there is the potential for a future Ready designation. The criteria for a Corridor Ready designation for EV is at least one Level 3 charging facility every 50 miles along the route. After the first two rounds of the Alternative Fuel Corridors program, I-99 has not yet been designated as a Ready or Pending corridor. However, the PA Department of Environmental Protection (DEP) Alternative Fuels Incentive Grant (AFIG) program offers grant funding opportunities to public or private-sector applicants to help construct EV infrastructure, and the program guidance specifically notes that priority will be given to Interstate corridors not designated as Ready or Pending, including I-99. The 2018 application period includes two cycles; applications are due by Friday, July 13 and Friday, December 14, 2018.

8 MINUTES REGULAR MEETING / WORK SESSION PAGE 8 of ELECTRIC VEHICLE CHARGING STATIONS (cont.) Given the apparent interest in EV charging station deployment from the private sector, plus the transportation funds potentially available through the AFIG program to support growth of EV infrastructure, the Planning Commission members should consider whether it is prudent to require EV readiness in the Township, or whether it may be more appropriate to establish land use controls that will encourage and incentivize it. Mr. Greg Garthe proposes the following preliminary approach for the Planning Commission members to consider: Add relevant EV definitions to 175 Zoning. Allow exterior Level 1 and 2 charging stations as an accessory use in all residential districts. Interior facilities would be a building code issue and would be regulated by the Centre Region Code Agency. Allow restricted Level 3 stations as a permitted use in all residential districts. A restricted station is defined in the Washington State EV Guidance as privately owned or restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). Allow exterior Level 1, 2, and 3 charging stations as an accessory use or a permitted use in all non-residential and mixed-use districts. In all districts where dumpster screening and buffering is required, require screening and buffering for EV stations similar to the standards of D(5) Uniform Standards. Allow battery exchange stations as an accessory use or permitted use in all nonresidential districts. A battery exchange station is defined in the WA EV Guidance as a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process. Offer incentives for developers to build EV-ready structures, such as bonus residential units or square footage of non-residential space. Add location and design criteria for EV parking spaces related to signage, maintenance, accessibility, and lighting. Mr. Garthe reviewed the items related to electric vehicle charging stations that were included with the agenda and highlighted some of the basic concepts of electric vehicle (EV) charging stations. He indicated that Mr. Brent Brubaker and Mr. Brian Dinges of Sheetz, Inc. were in attendance to present information related to EV charging stations at a number of Sheetz convenience stores.

9 MINUTES REGULAR MEETING / WORK SESSION PAGE 9 of ELECTRIC VEHICLE CHARGING STATIONS (cont.) Mr. Brubaker indicated that the existing EV station at the Woodycrest store was a proactive effort by the company to test the feasibility of EV charging, which was known to be an emerging trend in alternative vehicle fueling. He noted that Tesla has shown a lot interest in establishing stations at Sheetz stores, and showed some pictures of existing installations in Pennsylvania, Maryland, and Ohio. Mr. Brubaker indicated that most of the stations have been additions to existing convenience stores, and that Tesla has been responsible for all of the design, land development plans, and permitting. EV station construction has been done in a manner that does not disrupt store operations. Mr. Brubaker added that the Tesla stations only work specifically with Tesla vehicles, and that drivers pre-purchase credits for charging. He noted that the charging stations provided approximately 10 miles of range per one minute of charging time. Mr. Brian Rater asked if Tesla had exclusive rights to develop at Sheetz stores. Mr. Brubaker said that they did not, and that Electrify America was another company interested in working with Sheetz. Electrify America provides charging that accommodates several brands of electric vehicles. He indicated that the design, plans, and permitting were handled by Electrify America the same as the process with Tesla. He reviewed a land development plan for a new EV station that was to be developed in Carlisle, PA by Electrify America. Mr. Brian Dinges stated that Sheetz has 19 stores with EV capabilities at the present time, and the EV users prefer to have value added locations to charge their vehicles, such as a convenience store or a restaurant. He added that the EV stations have not been found to hurt business at Sheetz stores, even though they reserve some parking exclusively for electric vehicles. Mr. Brubaker noted that EV users typically spend about 30 minutes at Sheetz stores while their vehicles charge. Mr. Rater asked where the stations are located in relation to the convenience stores. Mr. Dinges said they were sited away from the fuel pumps for safety reasons, and that they were usually along the perimeter of the site because users would be occupying the parking spaces for a longer duration than the average customer. Mr. Rater asked if there were any safety concerns with EV stations. Mr. Dinges noted that they are no more dangerous or risky than traditional fueling stations. Mr. Brubaker added that the EV stations and the convenience stores have separate connections into the electrical grid. Mr. Dinges showed pictures of the screening fencing around the transformers at some of the Sheetz stores, and noted that it was comparable to fencing typically installed around a dumpster. Mr. Ken Soder commented that it may be possible to install the transformers for the EV stations underground in vaults in the future as the technology evolves. Mr. Dinges commented that petroleum-based fuels are still the dominant vehicle fueling source, but hat the EV market will drive future alternative fuels development and it will take time for the market to shift. Mr. Garthe asked Mr. Schmidt if he had any information to present regarding his conversations with Weis Markets representatives about the company s use of EV at their Bellefonte store. Mr. Schmidt noted that Tesla had approached Weis to propose the station, and that it only provided charging for Tesla vehicles. Mr. Garthe reviewed his preliminary draft recommendations for regulating EV stations in the Township, which was included in the agenda. Mr. Harry McAllister asked the Planning Commission members whether they wanted to develop a conceptual framework for EV

10 MINUTES REGULAR MEETING / WORK SESSION PAGE 10 of ELECTRIC VEHICLE CHARGING STATIONS (cont.) regulations. Ms. Betsy Whitman asked if the Planning Commission members would consider incentivizing EV development for workplaces in the Township. Mr. Rater questioned the need to incentivize EV since it seemed to be gaining popularity in the fueling market anyway. Based on what the members heard from the Sheetz representatives, and Mr. Schmidt s discussions with Weis Markets, the Commission members came to a general consensus that the Township did not need to amend the Code at this time, and that they were comfortable letting the market drive the development of EV infrastructure. 3. ADJOURN WORK SESSION The work session was adjourned at 8:40 PM.