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Developer seeks deed‑restriction amendment for Westerly Parkway site; council to consider amendment April 21

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Summary

Landmark Properties asked State College Borough Council on April 14 to amend a 1971 deed restriction so it can build residential buildings along Waipolani Drive at the Westerly Parkway Plaza site; staff negotiated buffering, bus access and a no‑build strip as conditions of any amendment.

Landmark Properties representatives told the State College Borough Council at a work session on April 14 that they have submitted a preliminary land‑development plan to redevelop the eastern portion of Westerly Parkway Plaza but that a deed restriction recorded in 1971 limits the uses there to parking, landscaping, driveways and access cuts.

Landmark presented a preferred layout that places residential buildings along Waipolani Drive with parking behind the buildings; the deed‑restriction‑compliant plan instead locates parking along Waipolani. Landmark said both layouts can meet the project’s bed count, but the developer prefers the building‑fronting design for aesthetic and circulation reasons.

Staff described negotiations with Landmark, the Center Area Transportation Authority (CATA) and neighbors on Oneida Street. As conditions for amending the restriction, staff said Landmark agreed to: a landscape buffer and a six‑foot privacy fence along the eastern property line adjoining Oneida Street; adjustments to street geometry and parking to allow CATA buses to pass through the site; and installation of space for a future bus pad and shelter (CATA would install the shelter if zoning changes reduce the development’s minimum parking). The developer proposed a covenant reserving a no‑build zone consistent with a potential future Plaza Drive extension so a future connection would not require moving buildings.

Ed LeClere and Pantera Engineering presented two plan iterations: the developer’s preferred plan with buildings facing Waipolani and an alternative that complies with the deed restriction and places parking along Waipolani. Landmark said the preferred plan would screen most parking with buildings and community amenities; the alternative would result in “a sea of parking” along the frontage. Both iterations were described as having similar bed counts; Landmark said the preferred plan yields 142 units (mix of 2–5 bedroom units) and the alternative 133 units. The developer also said it will pay a fee‑in‑lieu tied to the borough’s inclusionary‑housing requirement; Landmark indicated the fee in lieu would be roughly $2.4 million and said the preferred plan would generate a modestly higher fee compared with the alternative.

Staff said the developer has engaged with neighbors and engineering work addresses stormwater management on site through underground facilities and rain gardens; staff also said pedestrians would retain pathways to the adjacent shopping center but there would be no direct vehicle connection between the new development and the existing Plaza parking. A traffic study submitted with the application concluded no off‑site improvements were required; staff noted a commercial use would generate significantly more vehicle trips than the proposed residential project.

Council reviewed the proposals, asked about density, parking layout, buffering, native landscaping, bicycle connections and CATA routing. Several members voiced support for the preferred plan and the negotiated mitigation measures. Council did not take a vote at the work session; staff said the amendment to the deed restriction will be placed on the April 21 council agenda for final action.