Title
Resolution consenting to an amendment to the elTRID Planning Study and authorizing the Mayor and the Director of the Department of City Planning, on behalf of the City of Pittsburgh, to take necessary actions to seek necessary consent for and, if obtained, to undertake an amended Planning Study as a prerequisite to considering an amendment to the current East Liberty Transit Revitalization Investment District Boundary.
Body
WHEREAS, the Transportation Transit Revitalization Investment District Act, Act of Dec. 8, 2004, P.L. 1801, No. 238 ("Act"), provides local taxing bodies with authority to cooperate in establishing transit oriented development and value capture areas, as defined in the Act, within their respective jurisdictions to increase the tax base and improve the general economy of their communities; and
WHEREAS, pursuant to Resolution 443 of 2013, effective June 27, 2013, Pittsburgh City Council authorized the City to adopt Phase I of East Liberty Transit Revitalization Investment District Plan, which included the creation of the East Liberty TRID Boundary (the “elTRID Boundary”), and approved the creation of the TRID district described therein (the “elTRID”); and
WHEREAS, the County of Allegheny (the “County”) and the Pittsburgh Public School District (the “School District”) also agreed to participate in the Phase I elTRID; and
WHEREAS, thereafter, the City entered into a Cooperation Agreement dated as of October 28, 2013, with the County of Allegheny (“County”), Pittsburgh Public School District (“School District”), the Port Authority of Allegheny County (the “Port Authority”), the Urban Redevelopment Authority (the “URA”), and the elTRID Revitalization Authority (“the Management Entity”) to set forth the parties’ understanding regarding, inter alia, the financing, monitoring, implementation, and termination of Phase I of the elTRID; and
WHEREAS, pursuant to Resolution 835 of 2015, effective December 22, 2015, Pittsburgh City Council further authorized the City to adopt Phase II of East Liberty Transit District Implementation Plan (“elTRID II”) for continued redevelopment of the district, with the elTRID Boundary to remain the same; and
WHEREAS, the County and School District also agreed to participate in Phase II of the elTRID; and
WHEREAS, thereafter the City entered into a Cooperation Agreement dated as of November 15, 2016, with the County, School District, Port Authority, URA, and the Management Entity to set forth the parties’ understanding regarding, inter alia, the financing, monitoring, implementation, and termination of Phase II of the elTRID; and
WHEREAS, on October 27, 2017, the City entered into a Consent Order of Court with Pennley Park South, Inc. (“PPS”) and various community groups pertaining to a lawsuit involving PPS’s proposed development of its property in East Liberty; and
WHEREAS, pursuant to the Consent Order, the City agreed to consider legislation to amend the East Liberty TRID Map to expand the boundary of the district to ¾ of a mile from the Transit Oriented Development (“TOD”) infrastructure; and
WHEREAS, the Act requires that a TRID boundary be set by ordinance and further provides that the boundaries of a TRID may be expanded or reduced by an amendment to the original ordinance and must be “accompanied by justification for the boundary change supported by findings in the original or amended TRID planning study.” Act, 73 P.S. § 850.302(a) and 73 P.S. § 850.306(1); and
WHEREAS, per review by the City’s Department of City Planning, it has been confirmed that the original TRID planning study only covered the original ½ mile boundary distance from the TOD; and
WHEREAS, pursuant to the Act, a TRID planning study may be amended upon approval of the “municipality, municipalities, or counties and the transit agency that are parties to the TRID designation under Section 302.” Act, 73 P.S. § 850.306(2); and
WHEREAS, at this juncture, the City wishes to document its approval for and provide funding for an amendment to the elTRID Planning Study to determine if there is justification for a boundary change; and
WHEREAS, pursuant to 73 P.S. § 850.306(2), prior to proceeding with an amended study, the City must survey other mandatory parties to determine if they will likewise provide consent.
NOW, therefore, be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The City hereby consents to an amendment to the elTRID Planning Study. The Director of City Planning is authorized to inquire, through a designated agent or otherwise, with the necessary parties whose consent is required under applicable law to undertake an amendment to the TRID Planning Study.
Section 2: In the event that all required parties agree to the performance of an amended elTRID Planning Study, the Mayor and the Director of City Planning are authorized to enter into an agreement or agreements to facilitate the study. Funding shall be appropriated for the costs associated with the proposed amendment to the elTRID Planning Study in an amount not to exceed ___________ chargeable and payable from the following code account:
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2019 |
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