Presenter
Presented by Mr. Bodack
Title
Resolution approving a Conditional Use under the Pittsburgh Code, Title Nine, Zoning, Articles IV Chapter 911 Section 911.04.A.64 to Pittsburgh Public Schools Facilities Division for authorization to construct a two-story extension for a gymnasium, cafeteria and classrooms to the rear of Colfax Spanish Academy/Elementary School located at 2332 Beechwood Boulevard on property zoned R2-L, Residential Two-Unit, Low Density District, 14th 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 2-story classroom extension located on the property of Colfax Spanish Academy/Elementary School at 2332 Beechwood Boulevard;
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 2-story classroom extension on property located at 2332 Beechwood Boulevard 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 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 proposed development will not create detrimental transportation impacts, such that the proposed development is determined to adversely affect the safety and convenience of the residential neighborhoods or of the 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 or 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 direst 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;
g) That the development will not create detrimental impacts on property values.
Section 2. It is further stated that the following findings of the Planning Commission are herewith adopted:
a) That the proposed school extension is in keeping with the existing school use and structure and will not create permanent detrimental impacts;
b) That the proposed school extension will not create detrimental transportation impacts and the parking requirement will continue to be met on the site and on nearby streets;
c) That the proposed school extension will not create detrimental transportation impacts that result in traffic volumes that exceed the capacity of streets and intersections since any increase in traffic can be accommodated by the existing streets;
d) That the proposed school extension will not create detrimental operational impacts on surrounding land uses since the operation of the entire site as an elementary school will not change;
e) That the proposed school extension will not create detrimental health and safety impacts since the use remains compatible in a residential district;
f) That the proposed school extension will not create detrimental impacts on the future development in the vicinity since there is no change in use of the site and no expansion of the area of the site itself involved;
g) That the proposed school extension will not create detrimental impacts on property values since the proposed school extension is compatible with the existing residential neighborhood.
Section 3.
Construction Management Plan
Prior to commencement of construction, the Superintendent of the Pittsburgh Public Schools (or designee) shall submit a Construction Management Plan ("CMP") or the Superintendents designated representative ("Superintendent") to the city's Zoning Administrator for approval. The CMP shall provide reasonable requirements governing the conduct of all those involved with the construction of the proposed addition to Colfax School.
The CMP shall set forth the appropriate hours of work but, in any event, construction related work shall be limited to the hours of 7:30 AM to 7:00 PM.
(a) Additionally, the CMP shall include, but not be limited to the following:
(b) he mitigation of construction-related parking impacts to the surrounding neighborhood streets;
(c) Requirements to prevent or limit undue or excessive noise emanating from the work site;
(d) Prevent the depositing of mud, dirt and/or other debris on city streets by construction-related vehicular traffic and or activities;
(e) Measures to prevent and/or abatement of dust and other construction related nuisances from emanating from the work site;
(f) Provide at least forty-eight (48) hours notice to residents of Phillips, Douglas and Beechwood of any planned extraordinary events such as temporary road closures and/or disruptions of public utility or other services or access commonly available to residents;
(g) Provide for contact information for the school district's construction manager.
Traffic Management
The Superintendent, in cooperation with the City of Pittsburgh, shall review all traffic management signage, both pedestrian and vehicular, presently on Beechwood Boulevard, Douglas Street, and Phillips Avenue and take the appropriate action to upgrade and/or provide additional signage as needed. In any event, a flashing yellow 15 MPH school zone sign is to erected on Douglas Street.
The school district shall install a stop sign on their property at the driveway that exits on to Douglas Street.
Section 4. Under the provisions of Section 911.04.A.64 of the Pittsburgh Code, approval is hereby granted to Pittsburgh Public Schools Facilities Division, Owner, for authorization to construct a two-story extension for a gymnasium, cafeteria, and classrooms to the rear of the existing Colfax Spanish Academy/Elementary School located at 2332 Beechwood Boulevard on property zoned R2-L, Residential Two-Unit Low Density District, 14th ward, City of Pittsburgh, in accordance with Conditional Use Application No. 726 and accompanying drawings filed by IKM Incorporated, which are on file in the Office of the Zoning Administrator, Department of City Planning, and which are incorporated herein by reference thereto.
Pursuant to Case Law Whale's Tale vs. City of Pittsburgh 467 A.2d.665 (1983)