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Ordinance amending and supplementing the Pittsburgh Code, Title Nine, Zoning, Chapters 903, 904, 909, 922 and 926, by adding language regarding Economic Accountability for Zoning and Land Use Approval.
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BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF PITTSBURGH HEREBY ENACTS AS FOLLOWS:
SECTION 1. The Pittsburgh Code, Title Nine, Zoning, Chapters 903, 904, 909, 922 and 926 are hereby amended and supplemented as follows:
§ 903.01.C-Project Development Plan Review
Economic Development Projects in Residential Zoning Districts shall, in addition to conforming to all applicable requirements of this Zoning Code, comply with the review process and criteria specified in Section 922.10.
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§ 904.08-Project Development Plan Review
Economic Development Projects in Mixed Use Zoning Districts shall, in addition to conforming to all applicable requirements of this Zoning Code, comply with the review process and criteria specified in Section 922.10.
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§ 909.03-Project Development Plan Review
Economic Development Projects and in Planned Development Districts shall, in addition to conforming to all applicable requirements of this Zoning Code, comply with the review process and criteria specified in Section 922.10.
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§ 922.01.B2-Continuance of Hearing
A hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the hearing is set for a date and time certain. All interested persons who wish to present testimony at such continued hearing and who did not present testimony at the originally scheduled hearing shall be allowed to do so, regardless of whether they were in attendance at the originally scheduled hearing.
§ 922.01.E-Public Participation
The Planning Commission shall ensure that the public has timely access to all information concerning development applications requiring a hearing under this Chapter, so as to enable meaningful public participation in the development review process.
§ 922.01.E.1-Meeting Agendas
City Planning Commission meeting agendas shall be posted on the City website at least fourteen (14) days in advance of all meetings and hearings. Additions to the agenda must be posted on the City website at least seven (7) days in advance of the meeting.
§ 922.01.E.2-Meeting Minutes
Minutes from City Planning Commission meetings shall be posted on the City website within seven (7) days of the hearing.
§ 922.01.E.3-Written Decision or Recommendation
All decisions and recommendations of the Planning Commission shall be in writing, shall specifically address the applicable review criteria set forth in this Chapter as well as any and all public comments, and shall be posted on the City's website within seven (7) days of the date of the decision or recommendation.
§ 922.01.E.4-Full and Fair Consideration of Public Comments
In any case in which public comment is received, the Planning Commission shall solicit a response from the applicant and allow additional public comment on any new issues raised by the applicant's response. All decisions and recommendations of the Planning Commission shall give full and fair consideration to all public comments. Full and fair consideration shall include, at a minimum, substantial and appropriate deliberation after receiving public comment, and specific response to each public comment in the Planning Commissions decision or recommendation. In no case may a development plan be approved on the same day as a public hearing at which public comment is received.
§ 922.10- Project Development Plans
This section sets out the required review and approval procedures for Project Development Plans, which are required for development in the Golden Triangle (GT), Downtown Riverfront (DR), and Public Realm (PR) zoning districts and for Economic Development Projects in Residential Zoning Districts, Mixed Use Zoning Districts and Planned Development Districts.
§ 922.10.A- Purpose
The Project Development Plan review procedures of this section are intended to provide a vehicle for evaluating individual development proposals within the broader context of development and plans for areas of regional significance, including the Golden Triangle and Downtown Riverfront areas. It is further the intent of these review and approval procedures to afford maximum design flexibility for individual development projects, consistent with planning
objectives for the Golden Triangle, Downtown Riverfront, and Public Realm areas. It is further the intent of these review and approval procedures to increase the opportunities for community engagement in large-scale development decisions in the City of Pittsburgh.
§ 922.10.B- Applicability
In each GT, DR and Public Realm district, every new or changed use of land, and every structure hereafter erected, enlarged demolished or externally altered, except structures involving external alterations not in excess of fifty thousand dollars ($50,000.00), shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Zoning Code, be in accord with a Project Development Plan approved by the Commission. In Residential Zoning Districts, Mixed Use Zoning Districts and Planned Development Districts, every Economic Development Project shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Zoning Code, be in accord with a Project Development Plan approved by the Commission.
§ 922.10.D.2- Development on sites of three (3) or more acres
Any development of a building or buildings that require Project Development Plan review on a site of three (3) or more acres is required to submit a Master Development Plan prior to the application for individual building or buildings review.
A complete application for a Master Development Plan shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator. Upon determining that the Master Development Plan application is complete, the Zoning Administrator shall schedule a hearing and review by the Planning Commission as per Section 922.E.1 of this Chapter.
The Planning Commission shall approve a Master Development Plan application only if it finds that the proposal meets all of the following criteria:
(g) The Commission must specifically find, based on all available evidence, including public comment, that the anticipated positive impacts of the proposed development on the Adjacent Community outweigh the anticipated negative impacts on the Adjacent Community.
§ 922.10.E.1- Hearing and Action by Planning Commission
The Zoning Administrator shall schedule a review by the Planning Commission when all the requirements established during the preliminary review have been fulfilled. The Commission shall hold at least one (1) public hearing on the Project Development Plan Application. After the public hearing, the Planning Commission shall review the Project Development Plan application and act to approve, approve with conditions, or deny the application. The Planning Commission shall approve a Project Development Plan if it finds that the plan complies with the review criteria of Sec. 922.10.E.2 and if the proposal complies with all applicable Zoning Code requirements and adopted plans and policy documents, including all applicable standards of the GT, DR and Public Realm zoning districts. The Planning Commission shall deny approval of a Project Development Plan if it finds that the plan is not in conformance with this Zoning Code or with adopted plans and policy documents. In acting upon a Project Development Plan, the Planning Commission shall include a description of specific site improvements and development characteristics upon which its approval is conditioned. Such conditions shall be binding upon the applicant.
(a) Notice Requirement for Gaming Enterprise Developments
(1) Notice, Hearing and Action
Upon determining that a Project Development Plan that is specific to a gaming Enterprise is complete, the Zoning Administrator shall schedule a public hearing before the Planning Commission, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty-foot radius of the subject property. The Planning Commission shall hold a public hearing on the Project Development Plan application specific for Gaming Enterprises. After the public hearing, the Commission shall act to approve, approve with conditions or deny the application within forty-five (45) days of the public hearing.
§ 922.10.E.2- Review Criteria
In reviewing applications for Project Development Plan approval, the Planning Commission shall consider the extent to which the Project Development Plan addresses the following criteria. The Planning Commission shall not approve any Project Development Plan that, in the determination of the Planning Commission, does not adequately address one (1) or more of these criteria in accordance with objectives contained in general or site specific policy documents adopted by the Planning Commission.
(n) The Commission must specifically find, based on all available evidence, including public comment, that the anticipated positive impacts of the proposed development on the Adjacent Community outweigh the anticipated negative impacts on the Adjacent Community.
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§926-Definitions
2.1. Adjacent Community shall have the same meanings as in Section 161.39(b) of the Pittsburgh City Code (Economic Development Accountability).
72.1. Economic Development Project shall have the same meanings as in Section 161.39(b) of the Pittsburgh City Code (Economic Development Accountability).