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File #: 2010-0218    Version:
Type: Ordinance Status: Passed Finally
File created: 3/9/2010 In control: Committee on Land Use and Economic Development
On agenda: Final action: 6/8/2010
Enactment date: 6/8/2010 Enactment #: 19
Effective date: 6/10/2010    
Title: Ordinance amending the Pittsburgh Code, Title Nine - Zoning, Article II, Section 905.03 - EMI, Education/Medical Institution District - by changing regulations regarding Institutional Master Plans.
Sponsors: Reverend Ricky V. Burgess
Indexes: PGH. CODE ORDINANCES TITLE 09 - ZONING
Attachments: 1. 2010-0218.DOC, 2. 2010-0218 Version 2.DOC
title
Ordinance amending the Pittsburgh Code, Title Nine - Zoning, Article II, Section 905.03 - EMI, Education/Medical Institution District - by changing regulations regarding Institutional Master Plans.
 
Body
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PITTSBURGH AS FOLLOWS:
 
SECTION 1.       Title Nine - Zoning of the Pittsburgh Code is hereby amended as follows:
 
 
A.      Amend Section 905.03 - EMI, Education/Medical Institution District by changing the following:
 
905.03.  EMI, Educational/Medical Institution District.
 
905.03.A  Purpose
 
The EMI, Educational/Medical Institution District is intended to:
 
1. Accommodate educational and medical institutional uses, such as hospitals, colleges and universities, within the urban context;
2. Promote and enhance the development and expansion of medical and educational uses; and
3. Minimize the adverse impacts that can result when institutional uses are located near neighborhoods.
 
905.03.B  Use Regulations
 
905.03.B.1  Primary Uses
 
Primary uses shall be allowed in the EMI District in accordance with the Use Table of Sec. 911.02.
 
905.03.B.2  Accessory Uses
 
Accessory uses shall be permitted in the EMI District in accordance with the Accessory Use regulations of Chapter 912.
 
 
905.03.C  Site Development and Design Standards
 
Land within an EMI District shall be developed in accordance with an approved Institutional Master Plan which shall contain a detailed description of the site development standards and the design standards applicable within the subject EMI District. Since each EMI District will accommodate a different institution in a different neighborhood setting, each Institutional Master Plan, and hence each EMI District, will have different site development standards and design standards. Land within an EMI District shall be subject to the Residential Compatibility Standards of Chapter 916.
 
905.03.D  Institutional Master Plans
 
905.03.D.1  Purpose
 
The Institutional Master Plan shall provide a framework for development of large institutions such as hospitals and colleges, which control large areas of land within the City, contain a much greater density of development than surrounding areas, are a source of substantial employment, and are usually located immediately adjacent to residential neighborhoods. An Institutional Master Plan is intended to permit flexibility for a large institution which is not possible on a lot-by-lot basis, while providing a level of understanding to the public and the community about the potential growth of institutions and the resultant impacts. The provisions are specifically intended to:
 
(a) Protect the integrity of adjacent residential neighborhoods by addressing impacts of institutional development on adjacent areas;
 
(b) Provide a growing and continuing source of employment which is easily accessible;
 
(c) Create attractive and efficient urban areas which incorporate a high degree of amenity; and
 
(d) Protect sensitive portions of the natural and man-made environment which are potentially affected by institutional development.
 
905.03.D.2  Applicability
 
An Institutional Master Plan must be submitted and approved, in accordance with the procedures of Sec. 922.12, prior to any development within an EMI District except for the following:
 
(a) No Institutional Master Plan shall be required for interior alterations to an existing building, provided that such project does not involve the establishment or expansion of commercial uses allowed in the EMI District.
 
(b) Prior to the approval of an Institutional Master Plan, the Planning Director shall be authorized to approve minor development projects within an EMI District, provided that the development:
 
(1) Shall not result in the creation of or the need for additional parking;
 
(2) Shall not result in an increase in the number of employees;
 
(3) Shall not result in the addition of a total of more than twenty-five thousand (25,000) ten thousand (10,000) square feet of floor area;
 
(4) Shall not result in the coverage or a total of more than twenty-five thousand (25,000) ten thousand (10,000) square feet of site area; and
 
(5) Shall not increase the height of any structure by more than one (1) story or fourteen (14) feet.
 
(6)  Shall be subject to Site Plan Review and Design Review in accordance with Section 922.04.E.4.
 
905.03.D.3  Institutional Master Planning Area
 
An Institutional Master Plan shall [include] illustrate and identify the current land use of all the area within the EMI District, contiguous properties [which are under the control of the institution], and properties within one thousand (1,000) two thousand (2,000) feet of the EMI District which are under the control of the institution.
 
905.03.D.4  Submission Requirements
 
An Institutional Master Plan shall include, at a minimum, the following information unless the Planning Director determines that such information is not necessary to evaluate the proposed Institutional Master Plan and the institution's future impacts on surrounding neighborhoods. Specific requirements of the full Institutional Master Plan shall be prepared by the Zoning Administrator and adopted by the City Planning Commission.
 
(a)      Planning Horizon
 
The Institutional Master Plan shall cover a period of least twenty-five (25) years, commencing from the date of submission. Requirements shall vary for different time periods within the plan, according to the following.
 
(b)      Mission and Objectives
 
The Institutional Master Plan shall include a statement that defines the organizational mission and objectives of the institution and description of how all development contemplated or defined by the Institutional Master Plan advances the goals and objectives of the institution. The statement should describe the population to be served by the institution, and any projected changes in the size or composition of that population. It should also specify any services to be provided to Pittsburgh residents in adjacent neighborhoods and in other areas of the city.
 
(c)      Existing Property and Uses
 
The Institutional Master Plan shall include a description of land, buildings, and other structures owned or occupied by the institution as of the date of submission of the Institutional Master Plan. The following information shall be required:
 
(1) Illustrative site plans showing the footprints of each building and structure, together with roads, sidewalks, parking, landscape features and other significant site improvements;
 
(2) Land and building uses;
 
(3) Gross floor area in square feet;
 
(4) Building height in stories and feet; and
(5) A description of off-street parking and loading areas and facilities, including a statement of the approximate number of parking spaces in each area or facility.
 
(d)      Needs of the Institution
 
The Institutional Master Plan shall include a summary and projection of the institution's current and future needs for the following facilities:
 
(1) Academic;
 
(2) Service;
 
(3) Research;
 
(4) Office;
 
(5) Housing;
 
(6) Patient care;
 
(7) Public assembly;
 
(8) Parking; and
 
(9) Other facilities related to the institutional use.
 
(e)      Ten Year Development Envelope
 
The Institutional Master Plan shall include a description of the envelope within which development will occur in a ten-year time frame. The development envelope is the maximum amount of development proposed by an institution, which can be supported through impact studies. The intent of this provision is to provide the institution with flexibility regarding the future development potential of its campus, while addressing the potential impacts of that development on the surrounding neighborhoods.
 
The Development Envelope shall include the following:
 
(1) Location of each potential development site;
 
(2) Maximum Floor Area of structures for each potential development site;
 
(3) Total Maximum Floor Area for Institutional Master Plan structures;
 
(4) Height of possible structures;
 
(5) Required setbacks on each parcel;
 
(6) Other factors which may affect the size and form of buildings; and
 
(7) Total number and location of parking spaces which will occur within a ten-year period.
 
(f)      Twenty-five Year Development Sites
 
The Institutional Master Plan shall include written and graphic materials identifying future development sites in addition to those noted in the Ten-Year Development Envelope. This information shall include, at a minimum, the size and location of each parcel which may be developed within a twenty-five year period.
 
(g)      Transportation Management Plan
 
The Institutional Master Plan shall include a transportation and parking management plan, based on the results of the transportation study, that identifies any traffic mitigation measures to be employed.
 
(h)      Environmental Protection Plan
 
The Institutional Master Plan shall identify all sensitive environmental resources within the Institutional Master Plan area, as well as any view corridors that traverse the Institutional Master Plan area. The Institutional Master Plan shall identify Environmental Overlay Districts that affect the Institutional Master Plan area and shall include reports on those conditions as required in Chapter 906. The Institutional Master Plan shall identify areas of the Institutional Master Plan area which may be subject to the Environmental Performance Standards of Chapter 915. The plan shall identify the measures that will be used to mitigate impacts for each of these conditions.
 
(i)      Open Space and Pedestrian Circulation Plan
 
The Institutional Master Plan shall include open space and pedestrian circulation guidelines and objectives, including a description of the circulation system to be provided through the campus and plans for ensuring the accessibility of pedestrian areas and open spaces.
 
(j)      Urban Design Guidelines
 
The Institutional Master Plan shall include design guidelines and objectives for new and renovated buildings and structures to assure their compatibility with supporting neighborhoods and districts and to minimize potential adverse impacts on historic structures and historic districts. Urban design guidelines shall include listings of appropriate materials, height, bulk, massing, and colors that will be used to guide the course of proposed and future development.
 
(k)      Neighborhood Protection Strategy
 
The Institutional Master Plan shall identify standards and programs that will be put in place to ensure that the quality of the surrounding neighborhoods is maintained or enhanced.
 
905.03.D.5  Compliance with Institutional Master Plan
 
No building permit or Certificate of Occupancy shall be issued for any project within an EMI District until the Zoning Administrator, upon the recommendation of the Planning Director, certifies that the proposed project is consistent with an approved Institutional Master Plan which has not expired. Such a certification may be found if the proposed project is clearly identified in the approved Institutional Master Plan or if the project is found to create minimal impact according to the following criteria:
 
(a) The project does not result in the creation of or the need for additional parking;
 
(b) The project does not result in an increase in the number of employees;
 
(c) The project does not result in the addition of more than twenty-five thousand (25,000) ten thousand (10,000) square feet of floor area; and
 
(d) The project does not result in the coverage of more than twenty-five thousand (25,000) ten thousand (10,000) square feet of site area.
 
(e) Shall be subject to Site Plan Review and Design Review in accordance with Section 922.04.E.4.
 
 
Such a certification of consistency, or finding of inconsistency, or finding of consistency subject to conditions, shall be issued within forty-five (45) days of receipt of an application for a building, use, or Certificate of Occupancy for the proposed project. All projects, regardless of size, shall meet all standards and guidelines found in the approved Institutional Master Plan and in the Use Table of Section 911.02 before the Zoning Administrator can approve the application for a Building Permit.
      
905.03.D.6  Institutional Master Plan Required
 
Within two years of the effective date of this subsection, and Institutional Master Plan shall be submitted that includes all properties owned within and EMI District, except for those properties not subject to 905.03.D.3.  This subsection shall also apply to institutions with approved Institutional Master Plans.
   
All Institutions within an EMI Zoning District shall have an approved Institution Master Plan on file with the Zoning Administrator within three (3) years of the effective date of this subsection.
 
905.03.D.7  Institutional Master Plan Updates
 
Institutional Master Plans shall be updated no fewer than once every five (5) years from the date that they are approved.  The Zoning Administrator shall have the authority to require an institution to amend its Institutional Master Plan upon finding that said institution has, since the date of the adoption of the most recent Institutional Master Plan, acquired or now controls significant amounts of property inside or within two thousand (2,000) feet of an EMI district.   
 
This subsection shall not apply to institutions that have not acquired nor occupied property not a part of its existing Institutional Master Plan.  An owner or officer of such an institution must aver that it is not subject to thus subsection by a notarized statement.  
 
 
 
SECTION  2. Title Nine - Zoning of the Pittsburgh Code is hereby amended as follows:
 
 
A.      Amend Section 922.12 - Institutional Master Plans by changing the following:
 
922.12.H Duration
 
An approved Institutional Master Plan shall be effective for a period of ten (10) five (5) years from the date of approval by City Council, and shall be deemed expired after said date.   
 
Ordinance supplementing the Pittsburgh Code, Title Nine, Zoning; Article IX, Section 926, Definitions, by adding a definition for Design Review.
 
Be it resolved by the Council of the City of Pittsburgh as follows:
 
 
SECTION  1. Title Nine - Zoning of the Pittsburgh Code is hereby amended as follows:
 
 
65.1 Design Review means the review of a project for potential impact on the public realm related to the design of buildings, landscaping, and overall site, in accordance with the zoning district requirements and/or development approval process outlined in the Zoning Code.  Design review includes consideration of the project's siting, massing, proportions, scale, facade treatment and materials in relationship to the surrounding architectural and neighborhood context.