City of

Planning Commission

Meeting Minutes

October 22, 2019 at 2:17 PM|, Meeting called to order by Chairwoman Christine Mondor In Attendance

Chairwoman Christine Mondor Holly Dick Vice Chairwoman LaShawn Burton-Faulk Rachel O’Neill Secretary, Becky Mingo

Staff Present

Corey Layman, Zoning Administrator Anne Kramer Andrew Dash, Acting Director City Planning William Gregory Kate Rakus, Principal Planner Jack Miller Lisa Ray, Recording Secretary

Index

Item Page Number

1. DCP-ZDR-2019-01876 Penn Ave at Bakery Square, New Construction 2

2. 19-PDP-00011 Fifth at Halket, Demolition and New Construction 4

3. DCP-MPZC-2019-00067, Zone Change Petition, Penn Ave at Shady Ave 7

4. Okonkwo & Smith Subdivision Plan, 1532 Brighton Place, 25th Ward 10

5. Louis Carter Consolidation Plan, 3725-33 Butler Street, 6th Ward 11

6. Our Lady Queen Peace Consolidation Plan, 907 Middle Street, 23rd Ward 12

7. River Place Lot 7, 2012-24 Waterfront Place, 2nd Ward 12

8. Scaife Hall Subdivision, 3550 Terrace Street, 4th Ward 13

Planning Commission Minutes Page 1 9. CMU Melwood Subdivision/Consolidation Plan, Byron Street at Gomez Way (26- 13 M-25, 31, 32, 36, 38, 39, 40 and 84), 5th Ward

10. Arsenal Plan of Lots, 135 39th Street, 6th Ward 14

11. Western Avenue Consolidation Plan, Western Avenue at Fulton Street, 21st Ward 14

A. Approval of Minutes

On motion duly moved by Ms. Dick and seconded by Ms. O’Neill, the minutes of the September 24, 2019 are approved. Ms. Mingo abstained.

B. Acting Secretary Nomination

On motion duly moved by Ms. Burton-Faulk and seconded by Ms. Dick, Rachel O’Neill was appointed Acting Vice Chairperson of today’s meeting.

C. Correspondence (See Attachment c)

The Commission is in receipt of the following correspondence: • Regarding the Fifth at Halket Project: o Oakland Planning and Development Corporation o State Senator Jay Costa, Jr.

• Regarding the Penn Avenue at Shady Zone Change Petition o Action Coalition o East Liberty Development Corporation o Richard Wilson on behalf of Concerned Citizens of the East End o Houston Harbaugh

D. Development Reviews (See Attachment D for staff reports.)

1. Hearing and Action: DCP-ZDR-2019-01876, Penn Avenue at Baker Square Boulevard, New Construction

Planning Commission Minutes Page 2 Ms. Rakus made a presentation in accordance with the attached staff report. Ms. Rakus recommends approval of the proposal.

Todd Reidbord of Walnut Capital gave a background of the Bakery Square Development, which began over ten years ago. He introduced John Kamin the attorney for the project he introduced Tom Price of Strada Architecture presented plans for demotion of existing structure and construction of a two story building. He showed the site plan and location of the proposed building. The building will house three tenants and a rear glass area. There will be larger outdoor seating in the courtyard with tables and chairs including power to connect devices. At the main entrance, they plan to remove the large pole sign and sign design approval will be obtained later. He also showed photos of the conservatory patio emphasizing that the doors can be completely open during nice weather. The breezeway will have connection points throughout. They plan to incorporate an art piece to face the Penn Avenue side of the building. In closing , her reviewed the material pallet for the project.

Terri Wrightman the Landscape Architect for the project reviewed the bike lanes and parking plans. There will be an additional fix it station for bikes and she showed a map of the pedestrian circulation and there will be a speed table to slow the cars. The Storm water Management will be located under the breezeway. She concluded by summarizing the Construction Management Plan indicating the access will be maintained and there will be a lane closure on Penn Avenue once the Bakery 3 building is completed. Cindy Jampool of Trans Associates reviewed the traffic and parking study stating that the parking provided at the site will be enough based on their study. The Transportation Study has been submitted to DOMI and is currently under review.

Mr. Kamin reviewed the statement of compliance and the criteria for SP9 district. The developer has met with the Larimer Consensus Group and submitted a support letter for the record.

The Chairwoman called for comments from the Public.

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

Ms. O’Neill asked about the bus shelter if there will be seating.

Mr. Price stated that there will be a 6-8 foot bench.

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

Planning Commission Minutes Page 3 MOTION: That the Planning Commission of the City of Pittsburgh Approves the Final Land Development Plan #DCP-ZDR-2019-01897 for SP-9 Bakery Square, for construction of a 3-story structure and site improvements, in accordance with the application and drawings submitted by Walnut Capital, on behalf of BAKERY SQUARE HOLDINGS LP, property owner; subject to the following conditions:

1. Prior to issuance of a building permit, the applicant shall submit for approval by the Zoning Administrator a signage plan with proposed sign design and locations that indicates public access as per 909.01.D.3(c) where urban open space is provided. Signage on existing buildings shall be installed upon approval of plan. Signage for the new construction and site improvements shall be installed upon occupancy. 2. Prior to issuance of a building permit, the final construction plans including site plans and elevations shall be reviewed and approved by the Zoning Administrator. 3. The transportation memo shall be approved by the City’s transportation staff prior to issuance of a building permit and any required improvements must be addressed prior to issuance of the final certificate of occupancy. 4. Final bus stop design, including input from DOMI, and landscaping plans shall be approved prior to issuance of the final certificate of occupancy.

MOLVED BY: Ms. O’Neill SECONDED BY: Ms. Burton-Faulk

IN FAVOR: Mondor, Burton-Faulk, O’Neill, Mingo, Dick

OPPOSED:

MOTION CARRIED

2. Hearing and Action: 19-PDP-00011, Fifth Avenue at Halket, Demolition and New Construction

Ms. Rakus made a presentation in accordance with the attached staff report. Ms. Rakus recommends approval of the proposal.

Todd Reidbord of Walnut Capital introduced the plans to construct a Tower at Fifth and Halket Street in Oakland to be the first Innovation and Research Tower.

John Kamin the Attorney for the Project gave a background of the project including a Community Driven Retail program under a 100 year lease. The received approval from the Zoning Board to allow

Planning Commission Minutes Page 4 them to increase the height of the building. He submitted a binder with the various support letters from constituents supporting the project the process lasted over six months and they are pleased with the results.

Tom Price of Strada Architecture presented plans for the site and the demands for this mixed type uses to support research demands for the area. The retail portion enhances Oakland and will be along 5th Avenue. There will be split level parking garage and the building will be LEED Gold. He reviewed the site plan and showed aerial views of the proposed corner view, which will include a double height lobby. There will be a 5-foot streetscape and a bike room with ride in ride out area including a floor mounted bike station for the occupants of the building. They are proposing a pedestrian sidewalk on Halket Street for safety. All the doors for the community driven retail spaces will be at grade. Trash and loading will be off Euler Way and there will be 100 parking spaces in the garage. The Stormwater Management will be below the garage. He reviewed the landscape and the material pallet and showed ideals for the art piece on Halket and they plan to do a courtesy review with the Art Commission. He described the lighting in the area and the walking versus the seating zones for the project and showed various views of the proposed project to show the materials that are being used. Solid metal panels will be used on Euler Way and at the property line. The lobby will be double height space with a courtyard the corner will have step back elevations and including a water feature during the warmer months.

He closed by reviewing the Construction Management Plan and Sustainability goals and they are pursuing LEED Gold and the project should be complete by August 2022.

The community driven retail is $1 per month for a 99 year lease and Oakland Planning and Development will oversee it.

Ms. Jampool reviewed the results of the transportation management plan concluding that this area has great public transportation and it should increase the parking demand in Oakland. All access to this site will come by Halket Street and Euler Way. She showed the areas of the Residential Permit Parking areas near the building. Recommended improvements include two entry and exit driveways for the garage and loading dock all on Halket Street. The Transportation Demand Study has been submitted to DOMI and is under review. They are also recommending an additional Healthy Ride Station for the area. She concluded by reviewing the recommended incentives the tenants can offer their employees for using alternative transportation.

The Chairwoman called for comments from the Public.

Rhonda Wilson of OPDC spoke in support of the project.

Mark Leniac of the S. Oakland Neighborhood Group spoke in opposition of the project due to the traffic study and loading dock and the group feels that OPDC ignored their concerns.

Planning Commission Minutes Page 5

Millie Sass of Oakland spoke in opposition of the project.

Eleana Zatsone of Ophelia Street spoke in opposition of the project.

Joan Dickerson a 33 year resident of the Oakcliffe Community spoke in opposition of the project.

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

Ms. Mingo thanked the applicant looking at the comments raised at the briefing and appreciates the community driven retail space.

Ms. O’Neill stated that the are not permitted to revisit the Zoning Board’s Decision. She asked about the Architectural relationship with the other buildings. As far as materials can you address how you are making that relationship

Mr. Price stated that the massing of the building and materials used. There will be three different types of metal and the blue color was in response to the community group. They believe they are in line with an urban environment.

Mr. Kamin said they have had extensive meetings with Carlow and that side of fifth was to respond to the requests made by them. They have letters of support from Skyview as well.

Ms. O’Neill asked about the water issue what will it look like during winter.

Mr. Price said it is granite back that will be lit at night.

Ms. O’Neill asked about the bike rooms, changing space, utility space.

Mr. Kamin said they will meet every requirement in the code concerning the bike room as required by the LEED Gold certification.

Ms. Dick asked them to revisit the handicap spaces and entrances.

Planning Commission Minutes Page 6 Mr. Price said there are nine spaces and will be closest to the elevators. There is a dedicated ride in ride out on Euler Way.

Ms. O’Neill asked if Euler Way is one way or two way.

Mr. Reidbord said it is a two way utility road.

Ms. O’Neill thanked the people for coming to speak. She does have questions about the TDM situation if things don’t work what happens and how is it revisited. Will the developer solve that.

Angela Martinez of DOMI there is no mechanism to report or correct on TDM Goals. One of the tings the department is doing is creating a TDM coordinator to modify things once the building is operational. The BRT will cause this corridor to be looked at differently.

Ms. Dick asked Mr. Layman about the status of comments from other neighborhood organizations that are not part of the RCO does it negate the effectiveness given to the comments of other community organizations.

Mr. Layman said it does not devalue organizations that are not registered. It only ensures the RCO has had time to view the project it does not put them on a higher level.

Ms. Mingo asked about design changing after approval.

Mr. Layman said that the condition stated in the motion gives them final review before permits are issued, substantial changes will open up the possibility of either going back to design review or before the planning commission.

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 Approves Project Development Plan No. 19-PDP-00011, for demolition and new construction based on the application and drawings filed by Walnut Capital, property owner, with the following conditions:

1. The proposed Public Art shall have a Courtesy Review hearing at Art Commission.

Planning Commission Minutes Page 7 2. Prior to issuance of a building permit, the final construction plans including site plans and elevations shall be reviewed and approved by the Zoning Administrator.

3. The transportation memo shall be approved by the City’s transportation staff prior to issuance of a building permit and any required improvements must be addressed prior to issuance of the final certificate of occupancy.

MOLVED BY: Ms. Burton-Faulk SECONDED BY: Mingo

IN FAVOR: Burton-Faulk, Mingo, Dick, O’Neill, Mondor

OPPOSED:

MOTION CARRIED

3. Hearing and Action: DCP-MPZC-2019-00067, Zone Change Petition , Penn Avenue at Shady Avenue

Ms. Rakus made a presentation in accordance with the attached staff report. Ms. Rakus recommends approval of the proposal.

Kevin McKeegan of Myer Unkovick and Scott representing Shakespeare and Associates reviewed the site plan and what is currently on the site. The presentation today is focused on the reasons for rezoning and not on the site plan. The location is Shady and Penn Avenue its 5 acres in size with a 1970’s strip mall type of building and parking. This design is very outdated in Urban design. The current zoning is CP is Planned Commercial. Prior to that it was an Industrial site. CP classification was in 1978 when the new code was adopting in 1999 it was just carried forward. They have submitted a statement of compliance and they are within that compliance. They received a letter from the Village of Shadyside and they responded later this morning and submitted for the commission’s record. They are requesting to change the zoning to a UNC.

Phil Bishop of Eco Realty gave the reasons for the rezoning classification. He listed references to a number of studies done on the site to support the rezoning request. He showed the main differences in use for CP versus UNC which is residential, mixed use. They are potentially considering 252 residential units with a percentage affordable, keeping the grocery store, retail and 492 parking spaces including bike parking. No public assistance is being sought for the development. Residential property is still very viable in the area and local data supports the supply is well below the demand. They are also proposing 15% affordable when developing. They would like to maximize the use of public transit so dense multi-use developments are the trend at the current time. He concluded by referencing the support letters received and submitted for the record.

Planning Commission Minutes Page 8

The Chairwoman called for comments from the Public.

Dana Figarella of the Village of Shadyside spoke in opposition of the project.

Josh Malloy of Pittsburghers for Public Transit gave recommendations to the applicant emphasizing on reducing parking carbon reduction and carbon emissions.

Laura Weems of Pittsburgh for Public Transit spoke stating that the parking spaces need to be reduced to better serve the community.

Celeste Scott of Pittsburgh United spoke about the need for affordable housing in the area.

Ronnell Guy of Pittsburgh Union of Regional Renters spoke stating Giant Eagle needs to step up and contribute and they do not support the zone change.

Councilwoman Erika Straussberger’s office spoke in support of the Zone Change but said the designs need to be changed and a robust community process about many details including parking, food, housing, traffic, parking and congestion.

Tammy Reibard of the Village of Shadyside Association spoke against the zone change. Richard Wilson of the Village of Shadyside spoke against the zone change.

Peter Rabinsky of the Village of Shadyside spoke against the zone change due to the safety and traffic concerns.

Althea Sims of East Liberty spoke in opposition to the zone change.

Patty Yorkus spoke in opposition of the zone change due to traffic concerns.

Jerry Yorkus spoke in opposition of the zone change.

Georgia Werner spoke in opposition of the zone change.

Harold Pinkorsky spoke in opposition of the zone change.

Planning Commission Minutes Page 9

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

Ms. Mingo stated that the commissioner’s job today is not project development but to look at the zone change. Many of the comments are super important and are not being ignored. Is there buildable land in that small area by port authority? What are the allowable height and setbacks and under the change what will be allowed.

Mr. Bishop stated that he does not know it is land owned by the Port Authority.

Mr. Layman said it is not clear it reflects on the surrounding land use. One could assert there will be zero but there is no application under review. The UNC is at 60 maximum height for this site. UNC will make it more consistent with the East Liberty Business District.

Ms. O’Neill stated that there are still issues that the developer will need to work out these issues within a PDP. Is there an opportunity to come back to this commission?

Mr. Layman said a site of this size will definitely need to come back to the commission and CDAP.

Ms. O’Neill said they have very limited capacity to put a condition on this any specifics will need to be address and clearly there is a lot of room for improvement.

Ms. O’Neill stated that she is not opposed to the zone change but the applicant needs to work with the community.

Ms. Mondor stated that this is rezoning not an approval of a project. There are many issues that will need to be resolved.

Ms. O’Neill stated that they are only making a recommendation to council so there will be another hearing.

Mr. Bishop stated that they will continue conversations with the community. There will be a advertised public hearing.

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

Planning Commission Minutes Page 10 MOTION: That the Planning Commission of the City of Pittsburgh Recommends Approval to City Council of Zone Change Petition DCP-MPZC-2019-00067 to rezone 6320 Shakespeare Street (Parcels 84-G-258, 84-G-347, 84-G-225, 84-G-227, 84-G-229, 84-G-231); Melmore Way Parcel 84-G-224; Shady Avenue Parcel 84-G-218; Shakespeare Street Parcel 84-G338; No Street Address Parcel 84-J-352 (portion); Penn Ave Parcel 84-G-258-1 (portion); Penn Ave Parcel 84-H-251-0-3 (portion) owned by Shakespeare Street Associates and Port Authority of Allegheny County from Commercial Planned Unit Development District (CP) and Local Neighborhood Commercial (LNC) to Urban Neighborhood Commercial (UNC).

MOLVED BY: Ms. Burton-Faulk SECONDED BY: Ms. O’Neill

IN FAVOR: Mondor, Dick, Mingo, Burton-Faulk, O’Neill

OPPOSED:

MOTION CARRIED

Ms. Mingo left the meeting but joined via telephone.

E. Plan of Lots (See Attachment E)

4. Okonkwo & Smith Subdivision Plan, (1522 Brighton Plan), 25th Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Okonkwo & Smith Consolidation Plan, 25th Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

IN FAVOR: Dick, O Neill, Burton-Faulk, Mingo, Mondor

Planning Commission Minutes Page 11 OPPOSED

MOTION CARRIED

5. Louis Carter Consolidation Plan, (3725-33 Butler Street), 6th Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Carter Louis LLC Consolidation Plan, 6th Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

IN FAVOR: Dick, O Neill, Burton-Faulk, Mingo, Mondor

OPPOSED

MOTION CARRIED

6. Our Lady Queen of Peace Consolidation Plan, (907 Middle Street), 23rd Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Our Lady Queen of Peace Consolidation Plan, 23rd Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

Planning Commission Minutes Page 12 IN FAVOR: Dick, O Neill, Burton-Faulk, Mingo, Mondor

OPPOSED

MOTION CARRIED

7. River Place Lot 7, (2012-24 Waterfront Place), 2nd Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION River Place Lot 7, Plan No. 1, 2nd Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE PRELIMINARILY APPROVED AND SCHEDULED FOR FINAL APPROVAL ON November 5, 2019.

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

IN FAVOR: Burton-Faulk, Mondor, Dick, Mingo

OPPOSED

Ms. O’Neill Abstained.

MOTION CARRIED

8. Scaife Hall Subdivision, (3550 Terrace Street), 4th Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Scaife Hall Subdivision, 4th Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE PRELIMINARILY APPROVED AND SCHEDULED FOR FINAL APPROVAL ON November 5, 2019

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

Planning Commission Minutes Page 13 IN FAVOR: Burton-Faulk, Mondor, Dick, Mingo, O’Neill

OPPOSED

MOTION CARRIED

9. CMU Melwood Subdivision/Consolidation Plan, (Byron Street at Gomez Way 26-M-25, 21, 32, 36, 38, 39, 40 and 84), 5th Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION CMU Melwood Subdivision / Consolidation, 5th Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

IN FAVOR: Dick, O’Neill, Burton-Faulk, Mingo, Mordor

OPPOSED

Ms. Mondor stated that she has a relationship with CMU but it does not affect her vote.

MOTION CARRIED

10. Arsenal Plan of Lots, (135 39th Street), 6th Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Arsenal Plan of Lots, 2nd Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019 BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

Planning Commission Minutes Page 14

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

IN FAVOR: Dick, Mingo, O’Neill, Burton-Faulk, Mondor

OPPOSED

MOTION CARRIED

11. Western Avenue Consolidation Plan, (Western Avenue at Fulton Street), 21st Ward Mr. Miller made presentation in accordance with the attached staff report. Acting Director Dash agrees with the subdivision committee and recommends approval of the plan. The Chairwoman called for a motion.

MOTION Western Avenue Consolidation Plan, 21st Ward, City of Pittsburgh, County of Allegheny, received by the Planning Commission on October 22, 2019, BE APPROVED and the signatures of the proper officers of the Planning Commission be affixed thereto. (No improvements or monuments needed.)

MOVED BY: Ms. Dick SECONDED BY: Ms. O’Neill

IN FAVOR: Dick, Mingo, O’Neill, Mondor

OPPOSED

Ms. Burton-Faulk abstained.

MOTION CARRIED

F. Director’s Report

No Report.

Planning Commission Minutes Page 15 G. Adjournment

Motion to adjourn made by Ms. Burton-Faulk, and seconded by Ms. Dick. The Meeting adjourned at 5:45 PM

Approved by: Rachel O’Neill, Acting Secretary

Disclaimer

The official records of the Planning Commission’s meetings are the Minutes of the Meetings approved by the Commission’s Secretary, Becky Mingo. The Minutes are the ONLY official record. Any other notes, recordings, etc. are not official records of the Planning Commission. The Planning Commission cannot verify the accuracy or authenticity of notes, recordings, etc. that are not part of the official minutes.

Planning Commission Minutes Page 16