Consultants ask for feedback on draft procedures; recommend more decision-making authority for L&I and PCPC

ZCC Regular Session

Draft administrative procedures and general provisions of chapters 1 and 2 of the new code were delivered on time and on budget to the ZCC December 29. Commission members and the city law department are already in the process of reviewing the draft in preparation for a detailed discussion at the ZCC’s next regular session, February 10. Consultants specifically asked the ZCC to think about four key issues that require feedback: planning commission approval of minor amendments to plans of development; the amount of time development permits and approvals should be valid; L&I approval of permits previously approved by the ZBA; and whether L&I should be granted authority to approve minor adjustments from standards.

Consultants identified these four issues as potential opportunities to reduce the work load at the ZBA, make approval processes more predictable and efficient, and ensure development is carried out in a timely manner. Philadelphia’s system relies on L&I and the ZBA to make all decisions, while other cities use their planning departments to make planning judgments as well. Consultants recommend the city establish approaches that distinguish between “fundamental changes,” requiring a decision by the ZBA or city council, and “detail changes,” which staff at L&I or the planning commission could approve based on objective criteria.

For example, after city council has approved a rezoning with a plan of development, the consultants recommend minor amendments to the plans be approved by the planning commission, rather than returning to council, provided the proposed changes are consistent with the stated purpose of the plan and comply with all applicable dimensional requirements. And consultants think L&I should approve development permits for properties that are already approved by the ZBA, as long as the application is consistent with the prior ZBA decision. L&I could also be authorized to approve permits with minor adjustments from standards without requiring a ZBA hearing.
  
Once development permits and zoning approvals are obtained, the city must make sure building is started within a reasonable timeframe. Approvals must lapse, but consultants recommend the city increase the timeframe from one year with an extension to three years with an extension and a requirement that applicants start construction within that time period.

ZCC members will consider these and other administrative procedures in the draft code and provide feedback. Comments on chapters 1 and 2 will be discussed in detail at the next regular meeting of the commission on February 10. The work plan group will form sub-committees to focus on specific issues as needed.

Click here to view a presentation on the four key issues.