- A Home Rule Municipality -

TOWNSHIP OF FERGUSON 3147 Research Drive • State College, Pennsylvania 16801 Telephone: 814-238-4651 • Fax: 814-238-3454 www.twp.ferguson.pa.us

SIGN ORDINANCE AMENDMENT APPLICATION ANALYSIS

1. APPLICANT: HOSS’S RESTAURANT OPERATIONS, INC. FOR PANDY FARM LP

2. LANDOWNER(S): PANDY FARM LP, 529 AIRPORT RD., CENTRE HALL, PA 16828

3. DB/PG: 01776 / 0596 (2004)

4. AGENT: N/A

5. SUBMISSION DATE: AUGUST 22, 2016

6. PROPERTY ADDRESS: 1450 & 1500 N. ATHERTON ST., STATE COLLEGE, PA 16801 7. PARCEL ID: 24-010-,005-,0000- AREA: 2.57 ACRES

8. EXISTING ZONING DESIGNATION: GENERAL COMMERCIAL (C)

9. REQUESTED ZONING DESIGNATION: N/A

10. EXISTING USE: RESTAURANT & RETAIL STORE

11. PROPOSED USE: N/A

12. ORDINANCE AMENDMENT REQUEST: CARL M. RAUP, CFO, HOSS’S RESTAURANT OPERATIONS, INC., SUBMITTED AN APPLICATION FOR PROPOSED ORDINANCE AMENDMENT FOR PROPERTY LOCATED AT

1500 N. ATHERTON STREET. HOSS’S RESTAURANT AND THE FORMER MATTRESS WORLD BUILDINGS

REMAIN ON A PREVIOUSLY CONSOLIDATED PARCEL WITH ONE PRINCIPAL GROUND SIGN IDENTIFYING

HOSS’S RESTAURANT. THE MATTRESS WORLD BUILDING DOES PROVIDE AWNING SIGNAGE THAT WRAPS

AROUND THE TOP FAÇADE ON THREE SIDES, FACING NORTH, SOUTH AND EAST, HOWEVER NO GROUND

SIGN AT THE ENTRANCE OFF OF N. ATHERTON ST.

THE APPLICANT REQUESTS AN AMENDMENT TO §19-110.A.(2).A., PERTAINING TO GROUND SIGNS FOR

COMMERCIAL USES, SPECIFICALLY “NUMBER”, WHERE “THERE SHALL BE NOT MORE THAN ONE GROUND

SIGN FOR EACH LOT.” THE APPLICANT REQUESTS THAT THE FERGUSON TOWNSHIP SUPERVISORS AMEND

THE ABOVE REFERENCED SECTION OF CHAPTER 19 – SIGNS AND BILLBOARDS TO ALLOW “NO MORE

THAN TWO GROUND SIGNS IF A PARCEL HAS TWO OR MORE PRINCIPAL BUILDINGS (SEPARATE

AND DISTINCT BUSINESSES ON IT AND MORE THAN ONE ACCESS POINT ONTO AN ARTERIAL

ROAD”.

THE APPLICANT MAINTAINS THAT TRAFFIC VOLUMES ALONG NORTH ATHERTON STREET CONTINUE TO

INCREASE AND DRIVERS TURNING INTO BUSINESSES HAS BECOME MORE OF A SAFETY ISSUE, ESPECIALLY

WHERE TWO PRIMARY BUILDINGS EXIST ON THE SAME PROPERTY WITH TWO OR MORE SEPARATE ACCESS

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POINTS. THE APPLICANT INDICATES THAT THEIR SITUATION IS UNIQUE AND THAT THEY MAY BE THE ONLY

PARCEL WITH TWO PRIMARY COMMERCIAL BUILDINGS, IN A COMMERCIALLY ZONED DISTRICT, WITH TWO

SEPARATE ACCESS POINTS ALONG A PRIMARY ARTERIAL ROADWAY.

13. BACKGROUND: IN LATE 1990, HOSS’S STEAKHOUSE COMBINED THEIR PARCEL WITH THE

ADJACENT PARCEL, FORMALLY USED BY PUROLATOR COMPANY, AND CONSOLIDATED TO ALLOW HOSS’S

STEAKHOUSE TO HAVE ADDITIONAL PARKING IN THE SETBACK AREA OF THE FORMER LOT. AT THAT TIME, TWO COMMERCIAL BUILDINGS EXISTED ON THE CONSOLIDATED PARCEL ALONG WITH SIGNAGE FOR

HOSS’S AND PUROLATOR COMPANY. HOWEVER, A SIGN POST AND SIGN FACE REMAINED WITHIN THE

FRONT YARD OF THE FORMER PUROLATOR COMPANY BUILDING. THE ZONING OFFICER DETERMINED THAT

THE THIS SECOND SIGN WOULD NOT BE COMPLIANT WITH THE SIGN ORDINANCE. ON JANUARY 10,

1991, GEORGE DIX APPLIED FOR A VARIANCE FOR SAFELITE AUTO GLASS AND ALTOONA NEON TO

ALLOW FOR A 30 FT.2 POLE (GROUND) SIGN AFTER THE LOT CONSOLIDATION. THE ZONING DECISION

STATED THAT:

“WHEN THE NEW PARKING LOT IS COMPLETED, IT WILL BE COMMON TO BOTH HOSS’S STEAKHOUSE

AND TO SAFELITE AND MOTORISTS ENTERING THE DRIVEWAY FOR ONE LOCATION CAN GET TO THE

OTHER LOCATION WITHOUT REENTERING NORTH ATHERTON STREET.”

THE ZONING HEARING BOARD DECIDED TO DENY THE VARIATION FROM THE FERGUSON TOWNSHIP SIGN

ORDINANCE BASED ON THE PREMISE THAT THE APPLICANT DID NOT SHOW AN EXCEPTIONAL CONDITION

OR HARDSHIP AND THE APPLICANT WAS THE AUTHOR OF HIS OWN HARDSHIP DUE TO THE LOT

CONSOLIDATION.

IN OCTOBER OF 1992, GARY MARCOTRIGIANO, GARY’S ELECTRONICS, APPLIED FOR A SIMILAR

VARIANCE RELATED TO AN AWNING SIGN ATTACHED TO THE BUILDING (FORMERLY MATTRESS WORLD)

ADJACENT TO HOSS’S STEAKHOUSE. AT THE TIME OF THIS VARIANCE REQUEST, MR. MARCOTRIGIANO

STATED THAT HE REMOVED THE FACE AND POLE OF THE OLD PUROLATOR COMPANY SIGN WITHIN THE

FRONT YARD ALONG NORTH ATHERTON STREET. THE REQUEST INVOLVED PERMITTING TWO AWNING

SIGNS ON THE FRONT AND SIDE OF THE EXISTING BUILDING, AS ONLY ONE AWNING SIGN HAD BEEN

ALLOWED FOR COMMERCIAL PROPERTIES UNDER CHAPTER 19, §110.1.C. AT THE TIME OF THE REQUEST.

THE SIGN SIZE LIMIT WAS 24 FT.2 AND AN AWNING SIGN HAD BEEN PLACED ON THE BUILDING IN

VIOLATION OF THE SIZE LIMIT, EXCEEDING THE ALLOWANCE BY 9.02 FT.2. IN 1992, NO ADDITIONAL

GROUND POLE SIGNS WERE PERMISSIBLE ON THE PROPERTY. ON OCTOBER 8, 1992, THE SIGN REVIEW

BOARD UNANIMOUSLY APPROVED THE VARIANCES FOR GARY’S ELECTRONICS PERTAINING TO INCREASED

SIZE AND THE SECOND AWNING SIGN. FOLLOWING THAT DECISION, THE ZONING HEARING BOARD

CONDUCTED THEIR HEARING AND AGREED TO ALLOW AN AWNING SIGN EXCEEDING 24 FT.2, YET DENIED

THE SECOND AWNING SIGN AT THE SIDE OF THE BUILDING.

ON JULY 26, 2016, APPLICANTS MICK TROMBLEY AND CARL RAUP SUBMITTED AN APPLICATION FOR

VARIANCE TO THE FERGUSON TOWNSHIP ZONING HEARING BOARD, PRECEDING THIS ZONING

AMENDMENT REQUEST. AT THE HEARING, MR. RAUP TESTIFIED THAT THE FORMER MATTRESS WORLD

BUILDING HAS NOT HAD TENANT STABILITY SIMILAR TO OTHER BUSINESS UP AND DOWN NORTH

ATHERTON STREET DUE TO POOR VISIBILITY CAUSED BY A LACK OF PROPER SIGNAGE. SECONDLY, THE

APPLICANTS TESTIFIED THAT TRAFFIC HAS INCREASED SUBSTANTIALLY ON THIS SEGMENT OF ROAD AND

“MAKING THE NEED FOR GOOD SIGNAGE A SAFETY ISSUE”. THIS RECENT ZONING HEARING BOARD

DECISION ACKNOWLEDGED THE PREVIOUS HEARINGS AND DECISIONS IN 1991 AND 1992. THE

APPLICANT REQUESTED A VARIANCE FROM THE LIMITATION ON THE NUMBER OF GROUND SIGNS ALLOWED

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IN THE GENERAL COMMERCIAL (C) DISTRICT UNDER §19-110-1A-2A TO INSTALL A SECOND GROUND

SIGN AT 1500 NORTH ATHERTON ST. AS A RESULT, THE REQUEST FOR DIMENSIONAL VARIANCE THAT

LIMITS ONE GROUND SIGN PER COMMERCIAL PROPERTY WAS DENIED BY A VOTE OF 5 TO 0.

14. HOSS’S RESTAURANT AND MATTRESS WORLD PHOTOS & MAP:

Two Access Points off of

North Atherton Street

1450 & 1500 North Atherton St. T.P. # 24-010-,005,0000-

2.57 acres

Hoss’s Restaurant &

Mattress World Building

Hoss’s Restaurant

Mattress World

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15. OTHER COMMERCIAL PROPERTIES WITH MULTIPLE BUSINESSES AND SIGNS: PROPERTIES

OUTLINED BELOW ILLUSTRATE EXAMPLES OF MULTIPLE COMMERCIAL/RETAIL ESTABLISHMENTS ON

ONE PARCEL WITH GROUND SIGNS. ALL EXAMPLES ARE LOCATED WITHIN THE GENERAL

COMMERCIAL (C) DISTRICT OFF OF ARTERIAL OR COLLECTOR STREETS.

Three Access Points: (1) off

of Denton Ave. & (2) off of

North Atherton St.

1505 & 1515 North Atherton St. T.P. # 24-013-,118,0000-

1.39 acres

Three Access Points: (1) off

of Blue Course Dr. & (2) off

of North Atherton St.

215 Blue Course Dr. & 1276 & 1274 North Atherton St. T.P. # 24-014-,008,0000-

3.48 acres

Monroe Muffler & Mike’s TV and Appliance

Quality Inn, Asian Market and Enterprise Car Rental

Mike’s TV/Appliance

Monroe Muffler

Quality Inn

Asian Market

Car Rental

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Four Access Points: (3) off

of Cherry Ln. & (1) off of

North Atherton St.

117 W. Cherry Ln. & 1101 North Atherton St. T.P. # 24-015-,090A,0001-

1.45 acres

CVS Pharmacy and Blue Team Car Wash

111, 132,100-110 Village Dr. T.P. # 24-015-,038,0000-

12.3 acres

Sleep Inn, Comfort Suites, Valvoline & College

Village Ctr. Two Access Points: (1) off

of N. Allen St. & (1) off of

North Atherton St.

CVS Pharmacy

Blue Team

Sleep Inn

Comfort Suites

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434 West Aaron Drive T.P. # 24-010-,019,0000-

3.92 acres

Wiscoy & Procopy Buildings (Aaron Plaza)

One Access Point off of

West Aaron Dr.

2070 Cato Ave. T.P. # 24-004-,070S,0000-

2.90 acres

Gigi’s & Nittany Budget Motel Two Access Points off of

Cato Ave.

Wiscoy

ProCopy

Gigi’s

Nittany Budget Motel

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3530 West College Ave. T.P. # 24-004-,079L,0000-

3.04 acres

HVAC & LAVA Auto Body One Access Point off of

West College Ave.

2790-3048 Enterprise Ln. T.P. # 24-004-,070R,0000-

1.59 acres

Ferguson Square Three Access Points: Two (2)

off of Enterprise Dr. and one

(1) off of the lane though Rahal

Honda from Cato Ave.

HVAC

LAVA

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THERE ARE NUMEROUS EXAMPLES OF MULTIPLE COMMERCIAL BUILDINGS ON SINGLE PARCELS WITHIN THE

GENERAL COMMERCIAL (C) ZONING DISTRICT, ESPECIALLY OFF OF ARTERIAL AND COLLECTOR STREETS. THE AFOREMENTIONED EXAMPLES ILLUSTRATE A VARIETY OF SIGNING WITHIN THE GENERAL COMMERCIAL

(C) ZONING DISTRICT FROM SINGLE GROUND SIGNS FOR MULTIPLE BUSINESSES TO SINGLE GROUND

SIGNS WITH MULTIPLE LISTED TENANTS. ONE PROPERTY IN PARTICULAR, THE QUALITY INN, ASIAN

MARKET AND ENTERPRISE CAR RENTAL CONTAIN MULTIPLE GROUND SIGNS AND MAY BE ATTRIBUTABLE

TO PREVIOUS LOT CONSOLIDATION. PERMITTED WALL SIGNAGE HAVE ALSO CONTRIBUTED TO

IDENTIFICATION OF BUSINESSES ON BOTH THE CORNICE OF THE BUILDING FAÇADE OR AWNINGS.

16. SAFETY: THE APPLICANTS TESTIFIED AT THE JULY 26, 2016 ZONING HEARING BOARD

MEETING THAT TRAFFIC HAS INCREASED SUBSTANTIALLY ON THIS SEGMENT OF ROAD (NORTH

ATHERTON ST.) AND “MAKING THE NEED FOR GOOD SIGNAGE A SAFETY ISSUE”. THE PENNDOT 2014

TRAFFIC VOLUME MAP, PUBLISHED DECEMBER 2015, FOR CENTRE COUNTY INDICATES AN AVERAGE

ANNUAL DAILY TRAFFIC OF 21,000 VEHICLES ALONG NORTH ATHERTON ST. UPON SUBMISSION OF

THE SIGN ORDINANCE AMENDMENT REQUEST, STAFF OBTAINED FERGUSON TOWNSHIP POLICE CRASH

REPORTING FORMS FOR INCIDENTS WITHIN THE PAST FIVE YEARS, FROM AUGUST 1, 2011 TO JULY

29, 2016. PLANNING AND ZONING STAFF MADE A REQUEST FOR ACCIDENT REPORTS WITHIN THE LAST

FIVE (5) YEARS FOR THE SEGMENT OF NORTH ATHERTON STREET BETWEEN W. AARON DRIVE AND

DENTON AVE., THE GENERAL AREA OF THE DRIVEWAY ENTRANCES TO THE MATTRESS WORLD BUILDING

AND HOSS’S RESTAURANT.

FURTHER EXAMINATION OF THE FERGUSON TOWNSHIP POLICE DEPARTMENT ACCIDENT REPORTS

REVEALED A MAJORITY OF CAR ACCIDENTS AT THE INTERSECTION OF WEST AARON DR. AND N. ATHERTON ST. THAT INVOLVED TURNING MOVES OR REAR END COLLISIONS. MUCH OF THE NORTH AND

SOUTHBOUND TRAFFIC INVOLVED WITH ACCIDENTS ALSO INCLUDED REAR END COLLISIONS AND AT

LEAST TWO HEALTH RELATED ACCIDENT TRIGGERS. NONE OF THE ACCIDENT REPORTS INDICATED THAT

TURNING CONFUSION TOWARD THE SUBJECT PROPERTY CAUSED AN ACCIDENT.

YEAR ACCIDENT

REPORTS N. ATHERTON

ST. ACCIDENTS

NORTHBOUND

N. ATHERTON ST. ACCIDENTS

SOUTHBOUND

ACCIDENTS AT

W. AARON DR. &

N. ATHERTON ST.

INTERSECTION

ACCIDENTS AT

N. ATHERTON

ST. & DENTON

AVE.

INTERSECTION

TOTAL

2011 5 1 0 4 0 5

2012 9 1 4 4 0 9

2013 8 6* 1 1 0 8

2014 7 1 2 4 0 7

2015 10 3 2 3 1 9**

2016 4 1 0 1 0 2***

TOTAL 43 13 9 17 1 40

* ACCIDENT INVOLVED A NORTHBOUND VEHICLE, ATTEMPTING TO TURN LEFT FROM CENTER LANE INTO HOSS’S **ONE ACCIDENT WAS NOT ACCOUNTED FOR AT INTERSECTIONS OR NORTH/SOUTH BOUND DUE TO ITS LOCATION

WITHIN THE HOSS’S PARKING LOT ***TWO ACCIDENTS WERE NOT ACCOUNTED FOR AT INTERSECTIONS OR NORTH/SOUTH BOUND DUE TO THEIR

LOCATION WITHIN THE HOSS’S PARKING LOT

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17. PUBLIC NOTIFICATION, AGENCY REVIEW AND COMMENTS: STAFF HAS NOT DEVELOPED A

DRAFT AMENDMENT AT THIS TIME FOR REVIEW. THE CENTRE REGIONAL PLANNING AGENCY DOES NOT

PERFORM FORMAL REVIEWS OF SIGN ORDINANCE AMENDMENTS UNLESS IT IS A SPECIFIC REQUEST.

RECOMMENDATION: STAFF IS CURRENTLY WORKING ON AN OVERALL SIGN ORDINANCE AMENDMENT

AS A RESULT OF THE 2015 SUPREME COURT DECISION RESULTING FROM THE TOWN OF GILBERT, ARIZONA VS. REED. THE TOWN OF GILBERT, ARIZONA REGULATED SIZE, LOCATION AND NUMBER OF

TEMPORARY CHURCH SIGNS, BUT DID NOT REGULATE POLITICAL, IDEOLOGICAL OR HOA SIGNS IN THE

SAME MANNER. THE DECISION CAUSED MUNICIPALITIES ACROSS THE COMMONWEALTH AND THE

UNITED STATES TO DETERMINE HOW “CONTENT NEUTRAL” EXISTING SIGN REGULATIONS MEET STRICT

SCRUTINY WITH THE CASE. IN SUM, PLANNING AND ZONING STAFF CAN CONTINUE WITH THIS OVERALL

UPDATE AND INCLUDE PROVISIONS FOR UNIQUE COMMERCIAL PROPERTIES AND ALLOW FOR A

SECONDARY GROUND SIGN OF SMALLER PROPORTION TO THE PRIMARY GROUND SIGN AND AT A LOWER

PROFILE. IF, ON THE OTHER HAND, THE PLANNING COMMISSION DETERMINES THAT A MORE EXPEDIENT

PROCESS SHOULD BE TAKEN TO UPDATE THE SIGN ORDINANCE SPECIFIC TO THESE UNIQUE COMMERCIAL

PROPERTIES, A RECOMMENDATION TO UPDATE THE CURRENT SIGN ORDINANCE CAN BE MADE SEPARATE

FROM THE OVERALL SIGN ORDINANCE UPDATE.