Sunday, July 14, 2019

Link to the complete legislation!

Everyone has been scrambling to get information about the City Council legislation, which we just found on the City’s website. Here is the link to the copy we downloaded.

It is important for everyone to understand it, regardless of whether one supports the changes to the park or not.

Here's the text copied and pasted (apologies for the formatting mess - it's definitely much easier to read in the PDF, but we are short on time and not everyone can easily access the PDF):

Resolution authorizing the City Solicitor, on behalf of the City of Pittsburgh (“City”) to Petition the Orphans
Court Division of the Court of Common Pleas of Allegheny County to request the transfer of a portion of a
certain lot (the “Subject Property”), now part of Enright Parklet in the East Liberty Neighborhood of the City of
Pittsburgh, to Pennley Park South, Inc. (“PPS”), in exchange for an abutting parcel of land of approximately
equal size and value as the Subject Property to be transferred from PPS to the City of Pittsburgh for
consolidation with and use as part of Enright Parklet, plus all necessary or appropriate expenses incurred by the
City, and/or upon such other terms and conditions as the Court or the City authorize and/or direct.
(Public Hearing scheduled for 7/15/19)
WHEREAS, pursuant to Chapter 121.02(e) of the City Code, the Director of Finance has the responsibility for
the disposition of City-owned property and has responsibility for the disposition of City controlled property;
and
WHEREAS, the property currently identified as Enright Parklet was purchased by the City from the Urban
Redevelopment Authority of Pittsburgh (“URA”) as part of a multi-parcel purchase totaling 227,400.47 total
square feet, and duly recorded at Deed Book Volume 4164, Page 537, dated July 27, 1964, and recorded
September 25, 1964, in the Allegheny County Department of Real Estate, formerly known as the Recorder of
Deeds Office, with Enright Parklet being 99,365.41 square feet more or less, thereof, said Property being
designated as Block and Lot No. 84-A-176; and
WHEREAS, the Subject Property is the portion of Lot 84-A-176 located on the northern half of Enright
Parklet, Lot 84-A-176. (See Exhibit A.); and
WHEREAS, since 1966, PPS has owned that certain 7.09 +/- acre parcel of ground known as 5600 Penn
Avenue and 5704 Penn Avenue, which directly abuts three sides of the Subject Property. The PPS Parcel is
known in the Allegheny County Office of Deed Registry as Block and Lot No. 83-N-125; and
WHEREAS, Commencing in 2015, the City and PPS entered into discussions about the redevelopment of both
the PPS Parcel for development pursuant to their preliminary land development plan (“PPS Project”) and the re
-configuration of Enright Parklet ; and
WHEREAS, On April 19, 2016, Pittsburgh City Council conditionally approved the rezoning of both the PPS
Parcel and Enright Parklet to the AP designation under the City of Pittsburgh Zoning Code. Mayor William
Peduto signed this rezoning legislation into law on April 22, 2016; and
WHEREAS, On August 2, 2016, PPS submitted revised preliminary land development plans (“PDLP”) for an
amendment to the development of the PPS Parcel to the City of Pittsburgh Planning Commission. On January
10, 2017, the City of Pittsburgh Planning Commission denied the Amendment to the PLDP. PPS timely
appealed this denial to the Court of Common Pleas of Allegheny County on January 17, 2017. This appeal was
docketed at Case No. SA-17-50; and
WHEREAS, On October 27, 2017, after approximately five (5) months of special mediation supervised by
William Pietragallo, Esq. the City of Pittsburgh and PPS finalized a settlement for the development of the PPS
Parcel and the reconfiguration and redevelopment of Enright Parklet and memorialized the same into a
“Consent Order of Court”; and
WHEREAS, pursuant to the Consent Order of Court, the City and PPS agreed to pursue the appropriate land
swaps and conveyances in order to accomplish the re-configuration of Enright Parklet; and
WHEREAS, pursuant to the Consent Order of Court, up to $1,000,000 of the PPS Transit Revitalization
Investment District (“TRID”) funding shall be deposited into the Enright Park Improvement Account (“EPIA”);
and
WHEREAS, pursuant to the Consent Order of Court, the City and PPS agreed that the re-configured Enright
Parklet shall be at least 2.28 acres; and
WHEREAS, pursuant to the clarification issued by Judge James on May 29, 2019, the 2.28 Acres shall be
comprised of 2.201 acres of dedicated parkland and .178 acres to remain as public right-of-way for access to
the park, totaling 2.379 acres; and
WHEREAS, PPS agreed to convey approximately 48,701 contiguous square feet, of parcel No. 83-N-125, in a
rough graded condition, to the City to consolidate into Enright Parklet and to facilitate the creation of a new,
reconfigured Enright Parklet. (Exhibit B and Exhibit C); and
WHEREAS, approximately 7758 square feet, of the current Eva St. right-of-way will serve as public right-ofway
with access to the reconfigured Enright Parklet. (See Exhibit D.); and
WHEREAS, in return for the PPS conveyance from parcel No. 83-N-125, the City agreed to seek to convey
approximately 55,443 square feet of Enright Parklet, previously identified as the Subject Property (Exhibit A
and Exhibit C), to PPS to consolidate into parcel No. 83-N-125 in order to facilitate the development of the
PPS Project; and
WHEREAS, PPS will grant a public easement in approximately 25,489 square feet of property abutting the
northern border of the reconfigured Enright Park to use as a reconfigured Eva St. (See Exhibit E.); and
WHEREAS, PPS will grant a public easement in approximately 14,788 square feet property running from the
northern edge of the reconfigured Eva St. to the southern edge of Penn Avenue to use as a reconfigured South
St. Clair St. (See Exhibit E.); and
WHEREAS, the City is now seeking City Council permission to petition for court-approval to transfer said
portion of Enright Parklet identified as the Subject Property to PPS in compliance with applicable law including
53 P.S. § 3381 et seq; and
WHEREAS, City Council has made the necessary findings below to authorize such petition and any courtapproved
transfer to move forward.

Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1.

A. After careful consideration, this Council hereby finds:

1) Upon completion, the reconfigured Enright Parklet, currently at approximately 2.28 acres, will contain
approximately 2.201 acres. The Eva St. access public right-of-way to the park will contain
approximately .178 acres, bringing the combined total to 2.379 acres. (See Exhibit D and Exhibit G.);
and

2) The Subject Property portion of Enright Parklet currently contains a limited play area of approximately
3,600 square feet in total. In addition to the play area, the Subject Property offers approximately 10
benches, a small spray park, an older drinking fountain and one of the 2 Enright Park basketball courts
for public use. The Subject Property does not contain any type of pavilion or shelter to provide shade
and rain protection. The Subject Property also lacks nighttime lighting for the play area and access
pathways; and

3) The Subject Property also has older, limited lighting around the basketball court. Due to the location,
age and design of the lighting, there is significant light pollution for the abutting neighborhood; and

4) The Subject Property contains obsolete play equipment and wire fencing, minimal signage, and lacks a
formally identified access point to the play area; and

5) Without the assistance of the PPS TRID funds designated in the EPIA, it is estimated that it would
require two to three fiscal years for the City to designate appropriate funding to update the Subject
Property, if such funding was determined to be available; and

6) Enright Parklet, including the Subject Property area, is only accessible and visible from two
neighborhood side streets on the south side of park, limiting the access and placing an impracticable
traffic burden on the abutting neighborhood. There is currently no formally identified entryway for the
Park and Subject property. Visibility of the Subject Property play area and basketball court is blocked
from Negley Avenue and Penn Avenue by buildings along both Avenues. Current emergency vehicle
access is limited to Eva St. and Amber St; and

7) If Enright Parklet remains in its current configuration, the alternative proposed construction of the
abutting PPS property will surround the Subject Property on three sides. The alternative proposed
construction will contain structures approximately 150 feet in height, which would directly abut the
Subject Property and eliminate access and visibility of the Subject Property from the East, West, and
North sides. The alternative proposed construction would also significantly reduce natural light at the
Subject Property; and

8) The proposed re-configured Enright Parklet will contain a play area of approximately 6,700 square feet.
In addition to the expanded play area, the proposed re-configure includes a new pavilion with 4 picnic
tables, 3 tables for seating/play along Eva Street, 1.5 basketball courts, 130 total linear feet of benches,
expanded and modernized spray area, modern Americans with Disabilities Act (”ADA”) compliant bilevel
drinking fountain, and bike racks; and

9) The proposed re-configured Enright Parklet will feature modernized and targeted lighting to both
increase safety at the subject property and reduce light pollution effects on the surrounding community.
Two pedestrian-scale pole lights are proposed within the park. The pavilion/shelter is also proposed to
have local lighting, as well as targeted lighting along any paths through the park; and

10) The proposed re-configured Enright Parklet will contain new ADA compliant curb cuts, pathways, and
surface paving. Five swings are proposed, including an adaptive swing with harness that is ADA
compliant. The site furnishings such as a bi-level drinking fountain will increase the accessibility of the
park; and

11) The proposed re-configured Enright Parklet will increase safety by updating play equipment, and
removing obsolete and uninviting features such as the wire fencing perimeter. Increasing signage will
help to create formal access points and better connectivity to the park. Appropriate pedestrian scale
lighting will be developed to increase safety while being mindful of creating light pollution for
surrounding neighbors; and

12) The proposed re-configured Enright Parklet will include access points on all four sides of the property
(Eva Street on the Northside, Topaz Street on the Southside, S. Euclid Avenue on the Eastside, and
Amber Street and Negley Avenue on the Westside) that will serve to increase the accessibility and
visibility of the Subject Property; and

13) The proposed re-configured Enright Parklet will also serve to create a connection between Negley Ave
and S. Euclid Ave. by extending Eva Street and connecting both avenues. The re-configuration will also
allow for the connection of the Subject Property to the reconfigured South St.Clair St, which will in turn connect the Subject Property to Penn Avenue and neighboring Garland Park; and

14) The proposed re-configured Enright Parklet will be larger and have a broader range of amenities to
better serve the public interest, including the Friendship, Garfield and East Liberty communities’ needs
for space for recreational and other outdoor programming and activities.

B. Based on the above, this Council further finds:

1) The continuation of the Subject Property as a park purpose is no longer practicable because;

a. The Subject Property lacks sufficient play and picnic area to effectively serve the surrounding
community; and

b. The Subject Property contains old and obsolete equipment and access areas that limit Enright
Park’s usefulness to the surrounding community; and

c. The Subject Property creates significant light pollution for the surrounding community; and

d. The Subject Property is not visible or accessible from the major roads in the area, limiting the
use to just residents of the abutting neighborhood; and

e. The Subject Property contains limited access points for emergency vehicles; and

f. The planned alternative construction at the abutting property would surround the Subject
Property on three sides, eliminating visibility and access from all but the small abutting
neighborhood, and severely reducing natural light.

2) The public interest is best served by allowing the Subject Property to be transferred to Pennley Park
South and allowing Enright Park to be re-configured and updated as part of an overall redesign of the
immediate area that will result in larger play and picnic areas, safer equipment, lighting and pathways,
ADA compliant amenities and access points, and increased accessibility and visibility to the larger
surrounding community of East Liberty, Garfield, and Friendship.
Section 2

A. Based on such findings, the City Solicitor, on behalf of the City, is hereby authorized to file a Petition
with the Orphans Court Division of the Allegheny County Court of Common Pleas to request the
transfer of a portion of a certain lot (the “Subject Property”), now part of Enright Park in the East Liberty Neighborhood of the City of Pittsburgh, to Pennley Park South, Inc. (“PPS”), in exchange for
an abutting parcel of land of approximately equal size and value as the Subject Property to be
transferred from PPS to the City of Pittsburgh for consolidation with and use as part of Enright Parklet,
plus all necessary or appropriate expenses incurred by the City, and / or upon such other terms and
conditions as the Court or the City authorize and/or direct.



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