City Council voices concerns about new zoning code

City Council Briefing 

The Zoning Code Commission held a special briefing with City Council to familiarize Councilmembers with the process for adopting the new zoning code established by the Home Rule Charter Amendment. ZCC Executive Director Eva Gladstein presented an overview of the timeline and key benchmarks that will be put in motion once the Commission votes to send the draft code to City Council. The ZCC planned to hold such a vote on February 9, but requests by Commission members and community stakeholders may delay the action. City Council also voiced concerns about the timing, as well as the code’s impact on Council authority. 

Eva Gladstein explained that the Charter Amendment requires that the ZCC approve to send the draft zoning code to City Council with a two-thirds vote. That draft will then be sent to Council as the “Preliminary Report.” The Preliminary Report has two required components: draft code language and a zoning map revision plan. In order to provide City Council with a complete picture of the code and how it will be administered, the ZCC intends to include in the package draft regulations and the Zoning Administrative Manual. City Council must convene public hearings on the Preliminary Report within 45 days; however, the schedule and duration of those hearings is determined by Council. Within 30 days of the close of the hearings, City Council may adopt a resolution of recommendations to send back to the ZCC. Whether or not City Council adopts a resolution, the ZCC must issue a Final Report within 60 days of the close of the hearings, whenever that turns out to be. City Council then has 60 days or five sessions, whichever is greater, to approve, reject, or table the Final Report.

Several ZCC members were on hand to speak at the briefing and support efforts to move the code over to City Council as soon as possible. Both Anne Papageorge and Greg Pastore suggested that it is time for Council to start debating the remaining issues. “We have a good solid draft and there has been a lot of time for people to submit comments,” Papageorge said. “We need to move on to the next phase.”

ZCC member and Councilman Bill Green was the first to raise issues with the timing. “I don’t think we should force a vote on February 9,” Green said. “We have had a very open and transparent process so far and I am going to suggest we continue that way and allow the public to review the latest draft before we vote.” Green would like the February 9 meeting to be used as an opportunity for final public comment and plans to send a communication to that effect out to all ZCC members.

Councilwoman Marian Tasco noted that City Council will soon be entering the budget process. “When do you think we will have time to do this?” Tasco asked. Gladstein explained that the ZCC had hoped to vote on the draft code last fall, but that the Commission has been reacting to continual requests for more time and reiterated that Council has the prerogative to decide how the hearings will be managed. “We hope that by having the document in front of City Council, we will get the feedback from you that is necessary,” she said. Councilman Frank DiCicco agreed. “I see the value in what Eva is saying,” DiCicco said. “Introducing legislation gets the process going. At some point we have to move the ball forward.”

Councilmembers are not just concerned about the timing, however. Councilwoman Jannie Blackwell is focused on the impact of the new code on Council authority over zoning matters. “I never like to vote for anything that undermines our authority,” Blackwell said. “Sometimes we have to do that, but in specific areas like zoning, as long as our district voters and businesses come to us, we need to have the authority to deal with it.” Councilman DiCicco was quick to respond. “You raise an important point,” he said, “but some people think we have too much power and that power belongs to the community or the developer. We will never satisfy everyone.”

Councilmembers Marian Tasco and Brian O’Neill requested the ZCC provide more clarity about what the zoning is now, what it will be, and exactly what the differences are, including what things L&I will now have discretion over. As a member of the ZCC, Brian O’Neill spoke favorably about the Commission’s efforts to reduce cases at the ZBA by carefully considering how to address use variances and nonconforming properties, but agreed with Tasco that more detailed information is needed. “There are changes that won’t take effect until the remapping is done,” O’Neill said, “but other changes will occur immediately as result of new use categories and definitions. As District Councilmembers, it is critical that we have that information.” Ms. Gladstein replied that staff continues to work on a document that will highlight changes between old and new zoning regulations, but that it is still in progress due to changes to the draft zoning code that are ongoing.

Councilman James Kenny focused on Charter Amendment language that implies the ZCC is not required to incorporate City Council recommendations and requires Council to approve or reject the code in whole. Eva Gladstein assured councilmembers that it is incumbent upon the ZCC to listen to City Council. “The Commission is anticipating a lot of discussion with Council about the issues, not simply a resolution of stated recommendations,” Gladstein said. The ZCC will meet on Wednesday, February 9 and decide whether it will move forward with a vote.