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File #: 2005-1208    Version: 1
Type: Resolution Status: Passed Finally
File created: 3/29/2005 In control: Committee on Planning, Zoning & Land Use
On agenda: Final action: 6/7/2005
Enactment date: 6/7/2005 Enactment #: 391
Effective date:    
Title: Resolution approving a Conditional Use under the Pittsburgh Code, Title Nine - Zoning, Article V, Section 911.04.A.23 to Duquesne University for authorization to operate a Dormitory on property located at the northwest corner of Locust Street and McAnulty Drive in the Uptown neighborhood and to be zoned EMI / Educational-Medical Institute, 1st Ward.
Indexes: CONDITIONAL USE APPLICATION, PGH. CODE ORDINANCES TITLE 09 - ZONING
Attachments: 1. 2005-1208.doc
Presenter
Presented by Mr. Udin

Title
Resolution approving a Conditional Use under the Pittsburgh Code, Title Nine - Zoning, Article V, Section 911.04.A.23 to Duquesne University for authorization to operate a Dormitory on property located at the northwest corner of Locust Street and McAnulty Drive in the Uptown neighborhood and to be zoned EMI / Educational-Medical Institute, 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 Dormitory located at the northwest corner of Locust Street and McAnulty Drive;

Whereas the Planning Commission of the City of Pittsburgh has recommended approval of this application for Conditional Use; and

Whereas City Council has reviewed the record of the Planning Commission and herewith adopts the findings and recommendation of the Planning Commission.

Be it resolved by the City 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 Dormitory has properly met the Standards as provided in the Pittsburgh Code Section 922.06.E.1 and that the following criteria were considered:

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;
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 of 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;
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;
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 on the site, in consideration of adjacent and surrounding land uses which may have differing sensitivities to such operational impacts;
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;
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
That the development will not create detrimental impacts on property values.
(h) (h)
Section 2. It is further stated that the following findings of the Planning Commission are herewith adopted:

That the proposed student housing will not create detrimental physical impacts and is appropriately sited and design within the surrounding character of the neighborhood and the surrounding campus environment.
That the proposed student housing will not create detrimental impacts on the existing street system and local traffic patterns;
That the proposed student housing will not create detrimental on-site transportation impacts, including loading and servicing;
That the proposed student housing will not create detrimental operational impacts under the submitted Operation and Management Plan;
That the proposed student housing will not create health and safety impacts;
That the proposed student housing will not impact the future development of properties in the vicinity; and
That the proposed student housing will not negatively impact property values on adjoining properties.
(h) (h)
Section 3. Under the provisions of Section 911.04.A.23 of the Pittsburgh Code, approval is hereby granted to Duquesne University for authorization to occupy as a Dormitory an existing building located on property at the northwest corner of Locust Street and McAnulty Drive located in the Uptown neighborhood and to be zoned EMI / Educational-Medical Institute, 1st Ward, City of Pittsburgh, in accordance with Conditional Use Application #715 and the submitted Institutional Master Plan and additional documentation, which are on file in Zoning-Development Review, 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)