Title
Ordinance supplementing the Pittsburgh Code of Ordinances, Title Nine, Zoning, Article IV, “Planning Districts”, Chapter 909 - “Planned Development Districts”, Section 909.01 - “SP, Specially Planned District”, 909.01.P, “SP-9 Bakery Square”, by supplementing the certain provisions of Chapter 909.01.P with the addition of a new Sections 909.1.P(c)-(f).
(Sent to the Planning Commission for a Report & Recommendation on 7/6/23)
Body
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Nine, Zoning, Article IV, “Planning Districts”, Chapter 909 - “Planned Development Districts”, Section 909.01 - “SP, Specially Planned District”, 909.01.P, “SP-9 Bakery Square” is hereby supplemented as follows:
909.01.P SP-9 Bakery Square
909.01.P.1 Development Subdistricts
The following special provisions apply to all of the following development subdistricts, according to the definitions found in Sec. 909.01.B, and except as noted. The Bakery Square SP-9 District consists of the former Reizenstein School site, the Bakery Square site, the parcel located to the northeast of the Bakery Square site and generally bounded by Dahlem Place and the Martin Luther King, Jr. East Busway, and the property located to the northwest of the Bakery Square site and generally bounded by Penn Avenue, East Liberty Boulevard, and the Martin Luther King, Jr. East Busway.
(a)Development Subdistrict A
(1)Use
In Subdistrict A, identified as all property located north of Penn Avenue and that portion of the property located south of Penn Avenue that is bounded on the north by Penn Avenue for a distance of 700 feet from the intersection of East Liberty Boulevard to the intersection of Putnam Street, then by Putnam Street on the east, then by a line running parallel to Penn Avenue a distance of 170 feet from Penn Avenue and then by a line running parallel to the westerly property line a distance of 170 feet from the westerly property line projected toward Penn Avenue, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.
(i)Office
(ii)Medical Office/Clinic
(iii)Multi-Unit Residential
(iv)Public Assembly
(v)Conference Center
(vi)Bank or Financial Institution
(vii)Child Care
(viii)College or University Campus
(ix)Community Center
(x)Cultural Service (Limited)
(xi)Educational Classroom Space
(xii)Hotel/Motel
(xiii)Research and Development Services for development and service uses, including but not limited to advanced methodologies and processes in biotechnology, modern biological technology, computer hardware and software, artificial intelligence and accessory and support facilities related to these uses but not including medical and animal testing
(xiv)Library
(xv)Manufacturing and Assembly, with the following standards:
a.The design of these items results from the research and development activities of the institutions, organizations and companies located on the site
b.The assembly and manufacturing uses are such that no explosive materials or processes are involved; and
c.The uses produce no smoke, odor, vibration, noise, heat, dust, glaring light or other hazard or noxious or objectionable attribute from outside any building.
(xvi)Commercial Parking
(xvii)Parking Structure
(xviii)Recreation and Entertainment, Indoor
(xix)Restaurant
(xx)Retail Sales and Services
(xxi)Elementary or Secondary School
(xxii)Transit Facility
(xxiii)Utility (Limited)
(xxiv)Vocational School
(xxv)Access rights-of-way, roadway, and trackage, including shelter and comfort stations incident to the use thereof
(xxvi)Park and Open Space and outdoor recreational uses
(xxvii)Accessory Uses and Accessory Structures pursuant to Chapter 912
(2)Site Development Standards
(i)Maximum Height
The height of all structures hereafter erected or enlarged shall not exceed six (6) stories or eighty-five (85) feet.
(ii)Floor Area Ratio
The maximum Floor Area Ratio shall be 4:1 for each zoning lot.
(iii)Urban Open Space
At least ten (10) percent of the land within Subdistrict A shall be improved as Urban Open Space.
(iv)Build-To Line
The Build-To Line along the southerly portion of Penn Avenue is 15 feet. A minimum of sixty (60) percent of the building frontage or façade abutting a street must be located within the Build-To Line, except where the applicant can demonstrate that it would be impractical to meet the Built-To Line requirements to accommodate required Urban Open Space on the site.
(v)Traffic and Parking Demand Analysis
Traffic and Parking Demand Analysis shall be required in a format specified by the Zoning Administrator for all development in Subdistrict A. The Zoning Administrator shall review the submitted analysis, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant. Shared parking is encouraged, and parking requirements may be met in the form of shared parking among parcels located within the district.
(vi)Parking
There shall be no above-ground parking structure along the Penn Avenue frontage and there shall be no surface parking or above-ground parking structure on that portion of Subdistrict A located to the south of Penn Avenue.
(vii)Signs
All signs shall comply with the requirements applicable to signage in the LNC, UNC, CP and AP Districts as set forth Section 919.03.M.5. Furthermore, all signage should be directed toward Penn Avenue and away from the adjacent residential districts.
(b)Development Subdistrict B
(1)Use
In Subdistrict B, bounded by the southerly boundary of Subdistrict A on the north, then by Putnam Street on the east, then by the southerly property line and then by the westerly property line, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.
(i)Single -Unit Detached Residential
(ii)Single-Unit Attached Residential
(iii)Two-Unit Residential
(iv)Three-Unit Residential
(v)Multi-Unit Residential
(vi)Home Occupation
(vii)Library and Cultural Services, including museum, gallery and similar exhibition uses
(viii)Religious Assembly
(ix)Community Center
(x)Recreation
(xi)Childcare
(xii)Access rights-of-way, roadway, and trackage, including shelter and comfort stations incident to the use thereof
(xiii)Park and Open Space and outdoor recreational uses
(xiv)Accessory Uses and Accessory Structures
(2)Site Development Standards
(i)Maximum Height
The height of all structures shall not exceed three (3) stories or thirty-five (35) feet, except that structures located in the higher density portion of Subdistrict B bounded by the public street located to the south of Subdistrict A, then by Putnam Street to the east, then by a line running parallel to the public street a distance of 250 from the public street and then by a line running parallel to the westerly property line and located approximately 115 feet from the westerly property line projected toward Penn Avenue, shall not exceed five (5) stories or sixty-five (65) feet.
(ii)Maximum Unit Density
The average lot area per unit shall not be less than 750 sq.ft.
(iii)Minimum Setback
The minimum setback is ten (10) feet along the westerly boundary of Subdistrict B and extending along Rennig Street and Social Way.
(viii)Urban Open Space
At least ten (10) percent of the land with Subdistrict B shall be improved as Urban Open Space.
(iv)Traffic and Parking Demand Analysis
Traffic and Parking Demand Analysis shall be required in a format specified by the Zoning Administrator for all development in Subdistrict B. The Zoning Administrator shall review the submitted analysis, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant. Shared parking is encouraged, and parking requirements may be met in the form of shared parking among parcels located within the district.
(v)Parking
There shall be no surface parking or above-ground parking structure along the Penn Avenue frontage. Surface parking lots shall be limited to a maximum of ten (10) parking spaces and shall meet the following standards: (a) a minimum of thirty (30) square feet of landscaping shall be provided for each parking space; (b) the landscaping area shall include at least one (1) tree for every three (3) parking spaces; (c) landscaped areas shall be located on the perimeter of the parking spaces to screen the area from public view; and (d) storm water best management practices shall be implemented.
(vi)Signs
All signs shall comply with the requirements applicable to signage in residential districts.
(c)Development Subdistrict C
(1)Use
In Subdistrict C, identified as a portion of the property located north of Penn Avenue beginning at the intersection of Penn Avenue and East Liberty Boulevard then by a line running north along the easterly property line a distance of 185 feet, then by a line running west that is bounded on the north by Subdistrict D for a distance of 541 feet from East Liberty Boulevard, then by the line running southwesterly a distance of 284 feet, then by a line running south a distance of 112 feet to Penn Avenue, then by a line running east along Penn Avenue a distance of 815 feet to the point of beginning, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.
(i) Multi-unit Residential
(ii) Bank or Financial Institution (Limited and General)
(iii) Child Care (Limited and General)
(iv) College or University Campus
(v) Commercial Parking (Limited and General
(vi) Cultural Service (Limited and General)
(vii) Educational Classroom Space (Limited and General)
(viii) Grocery Store (Limited, General)
(ix) Hotel/Motel (Limited, General)
(x) Laboratory/Research Services (Limited and General)
(xi) Manufacturing and Assembly, with the following standards:
a.The design of these items results from the research and development activities of the institutions, organizations and companies located on the site
b.The assembly and manufacturing uses are such that no explosive materials or processes are involved; and
c.The uses produce no smoke, odor, vibration, noise, heat, dust, glaring light or other hazard or noxious or objectionable attribute from outside any building.
(xii) Medical Office/Clinic (Limited and General)
(xiii) Office (Limited and General)
(xiv) Park and Open Space and outdoor recreational uses
(xv) Parking Structure (Limited and General)
(xvi) Public Assembly (Limited and General)
(xvii) Recreation and Entertainment, Indoor
(xviii) Research and Development Services for development and service uses, including but not limited to advanced methodologies and processes in biotechnology, modern biological technology, computer hardware and software, artificial intelligence and accessory and support facilities related to these uses but not including medical and animal testing
(xix) Restaurant, Fast-Food (Limited and General)
(xx) Restaurant (Limited and General)
(xxi) Retail Sales and Services (Limited and General)
(xxii) Retail Sales and Residential Convenience
(xxiii) Sidewalk café
(xxiv) Transit Facility
(xxv) Utility (Limited and General)
(xxvi) Vocational School
(xxvii) Access rights-of-way, roadway, and trackage, including shelter and comfort stations incident to the use thereof
(xxviii) Accessory Uses and Accessory Structures pursuant to Chapter 912
(2)Site Development Standards
(i)Maximum Height
The height of all structures hereafter erected or enlarged shall not exceed a maximum height of one hundred fifty (150) feet.
(ii) Required Stepbacks
Buildings located with Subdistrict C shall be subject to stepback requirements set forth in this Section. The term “stepback” refers to a technique whereby the floorplate of the building is reduced from the street at certain heights of a building to improve the pedestrian experience, enable sunlight penetration to the ground plane (streets and public spaces), and creating interesting and functional rooftops at various building levels.
Structures in excess of forty-five (45) feet in height shall meet the following stepback standards:
(a) A minimum stepback of ten (10) feet at a height of forty-five (45) feet.
(b) An additional stepback of ten (10) feet at a height of eighty-five (85) feet.
(iii)Maximum Lot Coverage 100%
(iv)Urban Open Space
At least ten (10) percent of the land within Subdistrict C shall be improved as Urban Open Space. During phased developments, the Urban Open Space requirements may be established by an applicant providing dedicated Urban Open Space within any other Subdistrict within the SP-9 district.
(v)Build-To Line
The Build-To Line along Penn Avenue and East Liberty Boulevard right of way is 15 feet. Where the primary building frontage abuts Penn Avenue or East Liberty Boulevard, a minimum of sixty (60) percent of the primary building frontage must be located within the Build-To Line, except where the applicant can demonstrate that it would be impractical to meet the Built-To Line requirements to accommodate required Urban Open Space on the site.
(vi)Traffic and Parking Demand Analysis
Traffic and Parking Demand Analysis shall be required in a format specified by the Zoning Administrator for all development in Subdistrict C. The Zoning Administrator shall review the submitted analysis, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant. Shared parking is encouraged, and parking requirements may be met in the form of shared parking amongst parcels located within the district.
(vii)Parking
There shall be no above-ground parking structure directly adjacent to Penn Avenue.
(viii)Signs
All signs shall comply with the requirements applicable to signage in the LNC, UNC, CP and AP Districts as set forth Section 919.03.M.5.
(d)Development Subdistrict D
(1)Use
In Subdistrict D, identified as a portion of the property located north of Penn Avenue that is bounded generally on the north by the M.L.K. Jr. East Busway, on the east by East Liberty Boulevard, and on the south by Subdistrict C, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section:
(i) All uses permitted within Subdistrict C.
(2)Site Development Standards
(i)Maximum Height
The height of all structures hereafter erected or enlarged shall not exceed a maximum height of two hundred eighty-five (285) feet.
(ii)Maximum Lot Coverage 100%
(iii)Urban Open Space
At least ten (10) percent of the improved land within Subdistrict C shall be improved as Urban Open Space. During phased developments, the Urban Open Space requirements may be established by an applicant providing dedicated Urban Open Space within any other Subdistrict within the SP-9 district.
(iv)Build-To Line
The Build-To Line along Penn Avenue and East Liberty Boulevard right of way is 15 feet. Where the primary building frontage abuts Penn Avenue or East Liberty Boulevard, a minimum of sixty (60) percent of the primary building frontage must be located within the Build-To Line, except where the applicant can demonstrate that it would be impractical to meet the Built-To Line requirements to accommodate required Urban Open Space on the site.
(v)Traffic and Parking Demand Analysis
Traffic and Parking Demand Analysis shall be required in a format specified by the Zoning Administrator for all development in Subdistrict D. The Zoning Administrator shall review the submitted analysis, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant. Shared parking is encouraged, and parking requirements may be met in the form of shared parking amongst parcels located within the district.
(vi)Parking
There shall be no above-ground parking structure directly adjacent to Penn Avenue, unless the structure is: (a) screened either architecturally or with landscaping, such that vehicles are not visible along the façade adjacent to Penn Avenue, and (b) shall be designed with articulated facades consistent with surrounding buildings situated within the District. Surface parking shall be permitted subject to screening with fences and/or landscaping to minimize visibility of the parking area if situated adjacent to Penn Avenue.
(vii)Signs
All signs shall comply with the requirements applicable to signage in the LNC, UNC, CP and AP Districts as set forth Section 919.03.M.5.
(e)Development Subdistrict E
(1)Use
In Subdistrict E, identified as a portion of the property located north of Penn Avenue beginning at the intersection of Penn Avenue and Subdistrict A, then by a line running north for a distance of 252 feet from Penn Avenue, then by the property line running east a distance of 200 feet, then by a line running south a distance of 252 feet, then by a line running west along Penn Avenue a distance of 200 feet to the point of beginning, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section:
(i) All such uses permitted within Subdistrict C.
(2)Site Development Standards
(i)Maximum Height
The height of all structures hereafter erected or enlarged shall not exceed a maximum height of one hundred thirty-five (135) feet.
(ii)Maximum Lot Coverage 100%
(iii)Urban Open Space
At least ten (10) percent of the improved land within Subdistrict C shall be improved as Urban Open Space. During phased developments, the Urban Open Space requirements may be established by an applicant providing dedicated Urban Open Space within any other Subdistrict within the SP-9 district.
(iv)Build-To Line
The Build-To Line along Penn Avenue right of way is 15 feet. Where the primary building frontage abuts Penn Avenue, a minimum of sixty (60) percent of the primary building frontage must be located within the Build-To Line, except where the applicant can demonstrate that it would be impractical to meet the Built-To Line requirements to accommodate required Urban Open Space on the site.
(v)Traffic and Parking Demand Analysis
Traffic and Parking Demand Analysis shall be required in a format specified by the Zoning Administrator for all development in Subdistrict E. The Zoning Administrator shall review the submitted analysis, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant. Shared parking is encouraged, and parking requirements may be met in the form of shared parking amongst parcels located within the district.
(vi)Parking
There shall be no above-ground parking structure directly adjacent to Penn Avenue unless the structure is: (a) screened either architecturally or with landscaping, such that vehicles are not visible along the façade adjacent to Penn Avenue, and (b) shall be designed with articulated facades consistent with surrounding buildings situated within the District. Surface parking shall be permitted subject to screening with fences and/or landscaping to minimize visibility of the parking area if situated adjacent to Penn Avenue.
(vii)Signs
All signs shall comply with the requirements applicable to signage in the LNC, UNC, CP and AP Districts as set forth Section 919.03.M.5.(f)
(f) Regulations Applicable to entire SP-9 District:
(i) Unified stormwater controls, systems, and management plans that service more than one parcel or are constructed across more than one parcel or across more than one Subdistrict are authorized within the SP-9 District in order to meet the applicable stormwater requirements.
(ii) Parking structures and parking lots shall be permitted as an accessory use in all Subdistricts. Parking lots and parking structures may be made available to multiple users, multiple parcels, and/or to the general public in addition to serving specific uses within the District. The development and use of underground parking garages shall be permitted within the District, which may be constructed across more than one parcel or across more than one Subdistrict within the District, but need not service each parcel upon which the garage or lot is constructed.
(iii) Wall mounted signs are permitted within Subdistricts C, D, and E, provided that:
a. The total face area shall not exceed two (2) square feet of sign face area for each lineal foot of building wall width to a maximum of eighty (80) square feet and shall be mounted no higher than eighty (80) feet above grade except where expressly permitted.
b. For buildings with multi-commercial tenants, one (1) additional tenant business or identification sign shall be permitted per tenant identifying the name of the tenant or business, the total face area of which shall not exceed two (2) square feet of sign face area for each lineal foot of tenant frontage to a maximum of eighty (80) square feet per sign on each wall or façade and shall be mounted no higher than the second floor above grade.
c. Tenant signs are to be located within the façade area of the tenant. Maximum letter height on all wall signs below forty (40) feet above grade shall be four (4) feet.
d. Only the name of the building or business shall be mounted higher than forty (40) feet above grade and may face in all directions but shall not be roof mounted nor project above the roof peak or parapet wall, shall not exceed in face area eighty (80) square feet or two (2) percent of exposed façade area whichever is larger, shall be limited to four (4) per building, shall include no motion or animation, shall not exceed a luminance of two thousand five hundred (2,500) nits during daylight hours between sunrise and sunset, shall not exceed a luminance of two hundred fifty (250) nits at all other times, shall permit electronic illumination with no motion or animation. All applications shall include certification that the sign will comply with luminance level standards at the time of application and must certify again that the sign is operating in compliance with the standards prior to issuance of an occupancy permit.
(iv) Streets and ways located within the SP-9 district may be dedicated as a public street or way. Any private streets and ways shall provide for an easement for public access. Private streets with two directions of travel shall maintain a minimum cartway of twenty-four (24) feet and a private way with one direction of travel shall maintain a minimum cartway of ten (10) feet.
(v) All contiguous parcels in any Subdistrict may be combined or subdivided as required to facilitate building development.
(vi) Individual buildings that house two or more permitted uses are encouraged in the SP-9 District.
(vii) As the heights of all of development within this District are controlled by this Chapter, the Code’s FAR requirements are not applicable.
(viii) Any space designated as “Urban Open Space” shall comply with the standards set forth in Section 909.01.D.3(C) of the Code. In addition, where the sidewalk is extended onto private property, this portion of the site may be counted to meet the Urban Open Space requirements.
(ix) Public infrastructure improvements within the District shall utilize green infrastructure techniques such as greenways, rain gardens, bioswales, and/or other best management practices (BMPs).
Section 2. Repealer. All ordinances and parts of ordinances, inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeals shall be only to the extent of such inconsistence and in all other aspects, this ordinance shall be cumulative of the other ordinance regulating and governing the subject matter covered by this ordinance.
Section 3. Savings Clause. If any section or provision or parts hereof in this ordinance shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the ordinance as a whole or any other section or provision or part thereof.
Section 4. Effective Date. This ordinance shall be in full force and effect from and after its passage.