Presenter
Presented by Mr. Ferlo
Title
Resolution approving for a Conditional Use exception under Section 911.04.A.22 of the Pittsburgh Code, Title Nine, Zoning, Article V, Chapter 911 by Brayman Construction Corporation for authorization to undertake a major excavation/grading/fill operation by bringing approximately 200,000 cubic yards of fill to the easterly portion of Moore Park, located along Pioneer Avenue between Southcrest Drive and Crysler Street on property zoned "PO" Parks and Open Space District, 19th Ward.
Body
Whereas, the Planning Commission of the City of Pittsburgh has made certain findings with regard to the conditional use application for the proposed major excavation/grading/fill operation at Moore Park;
Whereas, the Planning Commission of the City of Pittsburgh has recommended denial of this application for the Conditional Use;
Whereas, City Council has reviewed the record of the Planning Commission;
Now, therefore, be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Upon a review of the record as provided by the Planning Commission of the City of Pittsburgh, it is herewith affirmed that the proposed major excavation/grading/fill operation has been reviewed according to the Standards as provided in the Pittsburgh Code Section 922.06.E.1 and that the following criteria were considered:
a) That the development will not create detrimental visual impacts, such that the size and visual bulk of the proposed development is determined to create an incompatible relationship with the surrounding built environment, public streets and open spaces and land use patterns;
b) That the development will not create detrimental transportation impacts, such that the proposed development is determined to adversely affect the safety and convenience of residential neighborhoods or vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonably expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area;
c) That the development will not create detrimental transportation impacts, such that the proposed development will result in traffic volumes or circulation patterns that exceed the capacity of streets and intersections likely to be used by traffic to and from the proposed development;
d) That the development will not create detrimental operational impacts, including potential impacts of hours of operation, management of traffic, servicing and loading operations, and any on-site operations associated with the ongoing functions of the use of the site, in consideration of adjacent and surrounding land uses which may have differing sensitivities to such operational impacts;
e) That the development will not create detrimental health and safety impacts, including but not limited to potential impacts of noise, emissions, or vibrations from the proposed development, or functions within the proposed site which would otherwise affect the health or safety of others as a direct result of the operation of the proposed use;
f) That the development will not create detrimental impacts on the future and potential development of parcels in the vicinity of the proposed site of the development; and
g) That the development will not create detrimental impacts on property values.
Section 2. It is further stated that the following findings have been made by the Planning Commission:
a) The proposed major excavation/grading/fill operation of 200,000 cubic yards may create a detrimental visual impact;
b) The proposed use may create detrimental transportation impacts that adversely affect the safety of residential neighborhoods through an increased volume of truck traffic on neighborhood streets for the duration of the filling operation;
c) The proposed major/grading/fill operation may create detrimental transportation impacts through an increase in traffic volume that exceeds the capacity of the streets and intersections likely to be used during the filling operation;
d) The proposed use may create detrimental impacts on nearby neighborhoods due to the expected volume of daily truck trips and the associated noise, mud, and wear on city streets.
(e) The proposed use may create detrimental health and safety impacts on nearby neighborhoods through the generation of noise, dust, and traffic throughout the filling operation;
(f) The development may or may not adversely affect future development of parcels in the vicinity; and
(g) The proposed use may adversely affect property values.
Section 3: Based upon the findings set forth in Section 2 above, the Planning Commission under provisions of Section 911.04.A.22 of the Pittsburgh Code recommends denial of Conditional Use Application No. 697 filed by Brayman Construction Corporation for authorization to undertake a major excavation/grading/fill operation by bringing approximately 200,000 cubic yards of fill to the easterly portion of Moore Park, located along Pioneer Avenue between Southcrest Drive and Crysler Street on property zoned "PO" Park and Open Space District, 19th Ward.
Section 4: Pursuant to Section 922.06.F of the Pittsburgh Code, the Planning Commission having recommended disapproval of the Conditional Use Application, approval by City Council requires an affirmative vote by no fewer than 7 members.