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File #: 2005-0984    Version: 1
Type: Resolution Status: Passed Finally
File created: 1/18/2005 In control: Committee on Planning, Zoning & Land Use
On agenda: Final action: 3/22/2005
Enactment date: 3/22/2005 Enactment #: 176
Effective date:    
Title: Resolution approving a Conditional Use under the Pittsburgh Code, Title Nine, Zoning, Articles V Chapter 911 Section 911.04.A.16 to Renewal Treatment, Inc. on behalf of 704 Corporation, Owner, for authorization to occupy the 6th floor of existing structure as a correctional facility (limited) with no more than 49 beds and with a drug and alcohol treatment program located at 704 Second Avenue on property zoned "UI" Urban Industrial District, 1st Ward.
Indexes: CONDITIONAL USE APPLICATION, PGH. CODE ORDINANCES TITLE 09 - ZONING
Presenter
Presented by Mr. Udin
 
Title
Resolution approving a Conditional Use under the Pittsburgh Code, Title Nine, Zoning, Articles V Chapter 911 Section 911.04.A.16 to Renewal Treatment, Inc. on behalf of 704 Corporation, Owner, for authorization to occupy the 6th floor of existing structure as a correctional facility (limited) with no more than 49 beds and with a drug and alcohol treatment program located at 704 Second Avenue on property zoned "UI" Urban Industrial District, 1st 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 correctional facility (limited) located at 704 Second Avenue;
 
Whereas the Planning Commission of the City of Pittsburgh has recommended approval of this application for Conditional Use;
 
Whereas City Council has reviewed the record of the Planning Commission and herewith adopts the findings and recommendations of the Planning Commission.
 
Be it resolved by the Council of the City of Pittsburgh as follows:
 
Section 1.  Upon a review of the record of the record as provided by the Planning Commission of the City of Pittsburgh, it is herewith affirmed that the proposed correctional facility (limited) located at 704 Second Avenue has properly met the standards as provided in the Pittsburgh Code Section 922.06.E.1 and that the following criteria was considered:
 
a)      That the establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
 
b)      That the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted nor substantially diminish or impair property values within the neighborhood;;
 
c)      That the development of the proposed use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district;
 
d)      That adequate utilities, access roads, drainage and other necessary facilities have not been or will not be provided;
 
e)      That adequate measures have not been or will not be taken to provide ingress and egress designated so as to minimize traffic congestion in the public streets;
 
f)      That the proposed use will not, in all other respects, conform to the applicable regulations or the district in which it is located.
 
Section 2.  It is further stated that the following findings of the Planning Commission are herewith adopted:
 
a)      That the proposed correctional facility (limited) does not involve the construction of any new buildings and therefore will not create detrimental impacts;
 
b)      That the proposed correctional facility (limited) will not create detrimental impacts on the existing street system and local traffic patterns based on the submitted Transportation Study;
 
c)      That the proposed correctional facility (limited) will not create detrimental on-site transportation impacts;
 
d)      That the proposed correctional facility (limited) will not create detrimental operational impacts;
 
e)      That the proposed correctional facility (limited) will not create health and safety impacts;
 
f)      That the proposed correctional facility (limited) will not impact the future development of properties;
 
g)      That the proposed correctional facility (limited) will not negatively impact property values on adjoining properties.
 
Section 3.  Under the provisions of Section 911.04.A.16 of the Pittsburgh Code, approval is hereby granted to Renewal Treatment, Inc. on behalf of 704 Corporation for authorization to occupy the 6th floor of existing structure as a correctional facility (limited) with no more than 49 beds and with a drug and alcohol treatment program located at 704 Second Avenue on property zoned "UI" Urban Industrial District, 1st ward, City of Pittsburgh in accordance with Conditional Use Application No. 717 and accompanying site plan filed by Renewal Treatment, Inc., which are on file in the Office of the Zoning Administrator, Department of City Planning, and which are incorporated herein by reference thereto.
 
THIS RESOLUTION IS APPROVED AND /OR VETOED PURSUANT TO CASE LAW WHALE'S TALE VS. CITY OF PITTSBURGH, 467 A.2.D665 (1983)