Presenter
Presented by Mr. Ferlo
In Committee on Planning, Zoning & Land Use, September 19, 2001
Affirmative Recommendation
Title
Resolution approving a Conditional Use exception under Section 911.04.A.22 of the Pittsburgh Code, Title Nine, Zoning, Article V, Chapter 911 to Phipps Conservatory & Botanical Gardens for authorization to undertake a major excavation/grading/fill operation by the excavation of approximately 30,000 cubic yards of fill from a site adjacent to the Public Works maintenance yard on the property of Phipps Conservatory located at One Schenley Drive and zoned "PO" Park and Open Space 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 major excavation/grading/fill located at Phipps Conservatory & Botanical Gardens at One Schenley Drive;
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 recommendation of the Planning Commission.
Now, therefore, be it resolved by the Council of the City of Pittsburgh as follows:
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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 major excavation/grading/fill operation has properly met the Standards as provided in the Pittsburgh Code Section 922.06.E.1 and that the following criteria were 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 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 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 and 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 direct 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; and
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 major excavation/grading/fill operation will not create detrimental physical impacts and is appropriately planned within the surroundings;
b) That the proposed major excavation/grading/fill operation will not create detrimental impacts on the existing street system and local traffic patterns;
c) That the proposed major excavation/grading/fill operation will not create detrimental on-site transportation impacts, including loading and servicing;
d) That the proposed major excavation/grading/fill operation will not create detrimental operation impacts;
e) That the proposed major excavation/grading/fill operation will not create health and safety impacts;
f) That the proposed major excavation/grading/fill operation will not impact the future development of properties;
g) That the proposed major excavation/grading/fill operation will not negatively impact property values on adjoining properties.
Section 3. Under the provisions of Section 911.04.A.22 of the Pittsburgh Code, approval is hereby granted to Phipps Conservatory & Botanical Gardens for authorization to undertake a major excavation/grading/fill operation by the excavation of approximately 30,000 cubic yards of fill from a site adjacent to the Public Works maintenance yard on the property of Phipps Conservatory located at One Schenley Drive and zoned "PO" Park and Open Space District, 14th Ward, City of Pittsburgh, in accordance with Conditional Use Application No. 700 and accompanying Site Plan filed by IKM Architects, which are on file in the Office of the Zoning Administrator, Department of City Planning, and which are incorporated herein by reference thereto, and subject to the following conditions:
1. That final building elevations, including overall building design treatments, door, window and façade details and materials, including samples, be reviewed and approved by the City Planning Commission prior to the issuance of a Building Permit;
2. That final construction drawings be submitted to the Department of City Planning for review prior to issuance of a Building Permit;
3. That a Construction Management Plan be submitted to the Department of City Planning staff for review and approval prior to issuance of a Land Operations Permit;
4. That a Landscape Plan, which is to include all intended landscaping, planting and grading plans, be submitted to the Department of City Planning staff for review and approval prior to issuance of a Certificate of Occupancy;
5. That final sign designs be submitted for review and approval to the City Planning Commission prior to the issuance of a Sign Permit;
6. That a transportation study be submitted to the Department of City Planning for review and approval prior to issuance of a Certificate of Occupancy.
THIS RESOLUTION IS APPROVED AND /OR VETOED PURSUANT TO CASE LAW WHATL'S TALE VS. CITY OF PITTSBURGH, 467 A.2.D665 (1983)