Presenter
Presented by Ms. Burns
Title
Resolution approving a Conditional Use exception under Section 911.04.A.9 of the Pittsburgh Code, Title Nine, Zoning, Chapter 911 to Appletree Too, LLC for authorization to use the existing structure located at 714 South Negley Avenue as a bed and breakfast facility with a maximum of 8 guest rooms and nine parking stalls on property zoned "RM-M" Residential Multi-Unit, Moderate Density District, 7th Ward.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. Whereas, the Planning Commission of the City of Pittsburgh has made certain findings with regard to the Conditional Use Application for the proposed bed and breakfast facility located at 714 South Negley Avenue;
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:
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 bed and breakfast located at 714 South Negley Street 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 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. The proposed bed and breakfast will not create detrimental visual impacts as it will be located in an existing residential structure;
b. The proposed bed and breakfast will not create detrimental transportation impacts since adequate parking is provided on site and there is an existing curb cut on South Negley Avenue and all access will continue to be from South Negley Avenue;
c. The proposed bed and breakfast will not create detrimental transportation impacts that result in traffic volumes or circulation that exceed the capacity of streets and intersection since the proposed use does not generate heavy traffic and it is to be located on a major arterial street;
d. The proposed bed and breakfast will not create detrimental operational impacts on adjacent and surrounding land uses since all activities will be in an enclosed existing structure and the use complies with the criteria for a bed and breakfast as specified in 911.04.A.7.
e. The proposed use will not create detrimental health and safety impacts on surrounding properties since the renovation of the structure will benefit the neighborhood and the structure is located on a relatively large lot;
f. The proposed use will not create detrimental impacts on future and potential development in the vicinity and may instead encourage such development;
g. The proposed bed and breakfast will not create detrimental impacts on property values.
Section 3. Under the provisions of Section 911.04.A.9 of the Pittsburgh Code, approval is hereby granted to Appletree Too. LLC, for authorization to use the existing structure located at 714 South Negley Avenue as a bed and breakfast facility with a maximum of 8 guest rooms and nine parking stalls on property zoned "RM-M" Residential Multi-Unit, Moderate Density District, 7th Ward, City of Pittsburgh in accordance with Conditional Use Application No. 707, and accompanying site plan filed by Cochran Associates, which are on file in the office of the Zoning Administrator, 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)