Bellevue has become the first of three local municipalities to adopt a joint zoning code, paving the way for the state’s first successful implementation of a multi-jurisdictional zoning effort.
Adoption of the code, which grew from the completion of a joint comprehensive plan, is in its final stages, with Avalon and Ben Avon borough councils slated to take action later this month on the code already approved by Allegheny County.
Bellevue’s adoption of the zoning ordinance came following a public hearing conducted before the Aug. 5 regular council meeting. Although scheduled for 6 p.m., the hearing was delayed until after 6:30 p.m. due to a lack of a quorum. Absent were council president Kathy Coder and members Jerry Walter, Lisa Blaney-Stewart, Mike Kutschbach, Mark Helbling and Steve Mosolansky. Present were council members Jane Braunlich, Linda Woshner and David Gillingham Jr. Helbling appeared about 20 minutes late, and the hearing finally could be held when Coder arrived just after 6:30 p.m.
Waiting to express their concerns about the ordinance were property owner Robert Smith and his attorney, Stuart Levine, longtime opponents to the hospital overlay district that potentially could pave the way for Allegheny General Hospital - Suburban Campus to construct another parking lot.
The overlay district is a special creation designed to address both the hospital’s land use plans and concerns of neighbors about further encroachment into a residential area.
Levine maintained that the zoning code allowed the parking lot as an officially permitted use of the property, and that Bellevue would not be able to properly protect the residential properties under the terms of the code.
Bellevue solicitor Michael Georgalas, however, said that the code distinguishes between construction on lots contiguous to the hospital, and those that are not. Georgalas said that the lot in question is not part of the main hospital property, so that any proposed project would be subject to conditions imposed by Bellevue Council, including special landscaping and buffer requirements.
Levine asked that the ordinance be clarified to make parking lots subject to conditional use approval, threatening to file legal action against the borough to keep Bellevue from enforcing the ordinance.
“If council passes it and you feel you have a case, go for it,” Georgalas responded.
The ordinance was approved in a 5-2 vote during the regular council meeting. Council members Linda Woshner and Jane Braunlich voted against adoption of the ordinance at this time, citing objections to council’s new policy of adopting ordinances after only one reading, instead of the traditional three readings. Woshner noted that both Avalon and Ben Avon councils will have to adopt the ordinance in a two-month voting procedure, so Bellevue should give its residents equal time to comment.
Mosolansky was absent from the meeting, and Helbling was absent at the time of the vote.