CITY PLANNING COMMISSION - Pittsburgh

[Pages:5]November 21, 2017

CITY PLANNING COMMISSION

Minutes of the Meeting of November 21, 2017 Beginning at 2:25 p.m.

PRESENT OF THE COMMISSION: PRESENT OF THE STAFF:

Chairwoman Christine Mondor, Brown, Askey, Burton-Faulk, Blackwell, Dick, Mingo

Gastil, Layman, Hanna, Rakus, Kramer, Ray, Gregory

AGENDA ITEMS COVERED IN THESE MINUTES Item 1. CB #2017-1827, Medical Marijuana dispensary, growing, and processing 2. CB #2017-1930, clarifying the definition of an Adult Cabaret 3. PDP #17-142, 2340 Second Avenue, industrial equipment

4. FLDP #17-166, 155 Larimer Avenue/6257 Kalida Drive, Liberty Green Park 5. SPR #17-172, 366 and 348 Gross Street, demolitions 6. Hamilton Kelly Consolidation Plan, Hamilton Ave. between N. Lang and N. Murtland, 13th Ward 7. Bakery Village Buildings 202 and 203 Plan of Lots, (84-M-334, 84-M-348), 8. Middle St. Plan of Lots No. 2, 603-05 Foreland Street, 23rd Ward 9. Clark-Locust Plan of Lots, 1713-15 Locust Street, 1st Ward

10. 1111 Lincoln Avenue Consolidation Plan, 1111 Lincoln Ave., 12th Ward 11. Mabro Plan, 5330 Camelia Street, 10th Ward 12. Haugh Plan, 213 Bon Air Avenue, 8th Ward 13. Mao Subdivision No. 2, 5022 Black Street, 11th Ward 14. Forsters Plan of Lots, 2436 Craftmont Place, 28th Ward 15. Lower Hill Planned Development Subdivision Plan No. 2, 1579 Openspace Cap, 2nd Ward

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Ms. Mondor chaired today's meeting and called the meeting to order.

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A. ACTION ON THE MINUTES

On a motion duly moved by Ms. Burton-Faulk and seconded by Ms. Dick the minutes from the November 7, 2017 meeting were approved.

Appointment of Acting Secretary On motion by Ms. Burton-Faulk and seconded by Ms. Blackwell, Ms. Askey was appointed Acting Secretary of today's meeting. Roll call, all ayes. Motion carried.

B. CORRESPONDENCE (See Attachment A for staff reports.)

Ms. Mondor stated that the Commission was in receipt of the following correspondence:

Correspondence regarding briefing matter. Letter from Larimer Consensus Group in support of the Liberty

Green, part of Larimer Park project Letter from East Liberty Development, Inc. in support of the Liberty

Green, part of Larimer Park project.

C. DEVELOPMENT REVIEWS (See Attachment B for staff reports.)

1. Hearing and Action: Land Use Control File #C-819, Council Bill #20171827, Medical Marijuana Dispensary, growing, and processing

Mr. Layman made a presentation in accord with the attached staff report. Mr. Layman recommended approval of the proposal.

Pennsylvania enacted Act 16 in April of 2016, which established a medical marijuana program and the associated infrastructure for state oversight and issuance of licenses for the growing, processing, and sale of medical marijuana to patients suffering from a limited number of serious medical conditions.

Act 16 states that municipalities shall treat dispensaries like similar commercial enterprises, and growers and processors like similar manufacturing facilities.

In November of 2016, City Council passed Resolution 2016-0946, calling on the Department of City Planning to add and incorporate medical marijuana related uses into the Zoning Code.

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The Department of City Planning researched developing Pennsylvania and national ordinances to consider best practices and sought guidance from the State, and sough legal guidance in developing recommended legislation for the City of Pittsburgh. City Council was briefed on the recommended ordinance, introduced it as Council Bill 1827, and referred to Planning Commission for review and recommendation.

The ordinance proposes the establishment of two new use categories and associated standards; Medical Marijuana Dispensary is defined as an establishment issued a permit by the Department of Health to dispense medical marijuana. The use is permitted by-right in the same commercial mixed-use zoning districts that permit pharmacy uses. This will be subject to the following standard; off-street parking, loading and hours of operation shall be conducted in a manner that does not interfere with other uses in the vicinity. The use is permitted by-right in industrial districts and the Highway Commercial mixed-use district that permit manufacturing uses. This use will be subject to the following standards; all uses shall be conducted within a completely enclosed building and shall create no external visible sign of the operation, such as noise, smoke, vibration, or any other factor, and off-street parking, loading and hours of operation shall be conducted in a manner that does not interfere with any industrial operations in the vicinity.

The Chairwoman called for comments from the Public.

John DiSantis 719 Brighton Road commended city council for finally bringing this to the commission. He believes there should be permitted use in the UNC zone and the LNC should be a special exception. Impacts are not specified and it should be. The Zoning Board should oversee this as well. The spacing needs to be addressed at well.

There being no more comments from the Public, the Chairwoman called for questions and comments from the Commissioners.

Ms. Mondor asked how does it work, does it limit the LNC and can that put a limit on it.

Mr. Layman stated that they followed the state guidance to not set a higher standard with respect to parking impacts. It's such a new use they do not have anything to establish it. This will warrant review of impacts later. City council can consider amendments at the table if needed.

Ms. Dick said the state and city law should be the same.

Mr. Layman stated that the concerns are that the city cannot be an enforcement body for the state.

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Ms. Mingo asked if the LNC is a permitted use and UNC is not, correct.

Mr. Layman correct.

Ms. Mondor asked if they were able to add conditions to this approval.

Mr. Layman consulted the code and it states that you cannot put condition on the recommendations but you can provide a statement of concerns.

Ms. Burton called for motion to include that they need to Clarify that they cannot condition an LNC different from a UNC and the 1000 ft. buffer zone should be in the legislation.

Mr. Layman said they can prepare the statement and review at the next meeting.

There being no more questions or comments from the Commissioners, the Chairwoman called for the motion.

MOTION: That the Planning Commission of the City of Pittsburgh recommends approval of Council Bill 2017-1827, amending the Pittsburgh Code, Title Nine, Zoning, Chapter 911 to establish definitions and use categories for the growing and processing, and dispensing of medical marijuana, with the incorporation of the minor text correction to standard (a) for Medical Marijuana Dispensary uses, in accordance with the attached legislation.

MOVED BY Ms. Burton-Faulk; SECONDED BY Ms. Dick.

IN FAVOR:

Mondor, Brown, Askey, Burton-Faulk, Blackwell, Dick, Mingo

OPPOSED:

None

CARRIED

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2. Hearing & Action: LUC #C-821, Council Bill #2017-1930, clarifying the definition of an Adult Cabaret

Mr. Layman made a presentation in accord with the attached staff report. Mr. Layman recommended approval of the proposal.

In September of 2017, City Council Bill 2017-1930, amending the code to clarify the definition of Adult Cabaret, and referred it to Planning Commission for review and recommendation. The amendment strikes the words "male or female impersonators" from the definition of Adult Cabaret, and makes no other changes.

The Chairwoman called for comments from the Public.

There being no comments from the Public, the Chairwoman called for questions and comments from the Commission members.

There being no questions or comments from the Commission, the Chairwoman called for the motion.

MOTION: That the Planning Commission of the City of Pittsburgh recommends approval of Council Bill 2017=1930, amending the Pittsburgh Code, Title Nine, Zoning, Chapter 926, Definitions to clarify the definition of "Adult Cabaret" in accordance with the attached legislation.

MOVED BY Ms. Askey;

SECONDED BY Mr. Brown

IN FAVOR: OPPOSED:

Mondor, Brown, Askey, Burton-Faulk, Blackwell, Dick, Mingo

None

CARRIED

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3. Hearing & Action: Project Development Plan #17-142, 2340 Second Avenue, industrial development, Riverfront IPOD

Ms. Rakus made a presentation in accord with the attached staff report. Ms. Rakus recommended approval of the proposal.

Steven Apflitrager representing Lindy Paving and Tom Turner with Gateway Engineers presented plans for new industrial equipment for the unloading of sand from the river.

He described the site which is under the Birmingham Bridge. He also described the functionality of the equipment via the barges from the river.

The proposed is replacement equipment that is a primary structure, not an accessory structure, for the existing asphalt manufacturing plan. The structure is exempt from the riverfront setback because it is a wateroriented use.

The Chairwoman called for comments from the Public.

There being no comments from the Public, the Chairwoman called for questions and comments from the Commission members.

There being no questions or comments from the Commission, the Chairwoman called for the motion.

MOTION: That the Planning Commission of the City of Pittsburgh approves Project Development Plan #17-142, for new industrial equipment based on the application filed by LLI Engineering, Inc. on behalf of the Davison Sand and Gravel Company, Inc., the property owner, with the following condition:

1. Final construction plans including final site plan shall be submitted for review and approval by the Zoning Administrator prior to issuance of an application for a building or occupancy permit.

MOVED BY Ms. Dick; SECONDED BY Ms. Askey

IN FAVOR: OPPOSED:

Mondor, Brown, Askey, Burton-Faulk, Blackwell, Dick,

Mingo

None

CARRIED

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Ms. Mondor recused from item #4

4. Hearing & Action: Final Land Development Plan #17-166, 155 Larimer Avenue ? 6257 Kalida Drive, Liberty Green Park

Ms. Kramer made a presentation in accord with the attached staff report. Ms. Kramer recommended approval of the proposal.

Emily Mitchell of the URA presented plans on behalf of the URA and the Housing Authority of the City of Pittsburgh, the property owners for the new construction of a new community park: Liberty Green.

The new community park, Liberty Green, will fulfill the open space requirements for RP No. 19. Features include play spaces for various age groups, an open green and a plaza, stormwater infrastructure, and community art.

She stated that there has been a very robust community engagement process. She showed a conceptual site plan that was approved by the Art Commission earlier this year. The stormwater management plan will be visual and at the front part of the park. The park paths will be ADA accessible and there will be handicap accessible play equipment.

Open space is a very important part of this park system there will be areas for sitting, an open stage area, and picnic tables.

The Vice Chairwoman called for comments from the Public.

Billie Vaughn of CEA wanted to know what mixed income means is it affordable and market rate. She also wanted to know why build a park and residents have no place to live. This space should be used for affordable housing.

Latricia Robinson of the CEA stated that there is no field for the kids to play. There needs to be a stadium where the kids can play ball. Think about the kids in community so they can be in a neutral area. There will be drugs in this park. There is nothing for the kids around in this area.

There being no more comments from the Public, the Vice Chairwoman called for questions and comments from the Commission members.

Ms. Mingo applauded the applicant with having so many parties involved in the development of the park. She stated she is a big supporter of the parks. She wants to know how kids riding bikes how will they safely get to the park. Is there a stop sign on the streets and explain the accessibility.

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Ms. Mitchell stated that the streets surrounding the park are pretty quiet and the overall goal is to connect this park to the park system. There is are stop signs and there a number of play activities that are reachable from the ground level. There will be equipment for all ages and abilities. There will be basket swings and smaller toddler swings.

Ms. Burton-Faulk stated that this a great space into the community. They have to have expectations on behavior so this is a great space to interact and teach people to behave appropriately.

There being no more questions or comments from the Commission, the Chairwoman called for the motion.

MOTION: That the Planning Commission of the City of Pittsburgh approves the Amended Preliminary Land Development Plan and Final Land Development Plan 17-166 for RP No. 19 Liberty Park, for construction of a new community park; based on the application and drawings filed by Urban Redevelopment Authority of Pittsburgh on behalf of the Housing Authority of the City of Pittsburgh and the Urban Redevelopment Authority of Pittsburgh, the property owners, subject to the following condition:

1. Final construction plans including final site plans, landscape plans, and details, shall be reviewed and approved by the Zoning Administrator prior to the issuance of a building or land operations permit.

MOVED BY Ms. Mingo; SECONDED BY Ms. Dick

IN FAVOR: OPPOSED: RECUSED:

Brown, Askey, Burton-Faulk, Blackwell, Dick, Mingo

None

CARRIED

Mondor

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