Special meeting lets ZCC explain how decisions about the new code were made

Special Public Session

The Work Plan and Civic Engagement Committees hosted a special public meeting today to review input on the draft zoning code and provide the rationale behind ZCC decisions. Community representatives and development industry consultants sat with ZCC staff and committee members and discussed how specific comments were evaluated and why recommendations were incorporated into the code or not. It was the kind of forum stakeholders have been waiting for all along. “This is really meaningful dialogue,” Joe Schiavo of the Crosstown Coalition said. “We haven’t had enough of this.” Others agreed. ZCC member and Councilman Bill Green added that the time here is well-spent. “City Council is not the place for this kind of dialogue,” he said.

Work Plan Committee Chair Peter Kelsen led the meeting along with Director Eva Gladstein. ZCC staff organized comments into larger topic areas for the purpose of discussion, including:

• Civic Design Review, Neighborhood Meetings, and Notice
• L&I Powers and Duties
• ZBA Hearings and Appeals
• Other Administrative and Procedural Issues
• Base Districts and Overlays
• Center City Overlay

The first half of the two and a half hour meeting focused on issues related to Civic Design Review (CDR). To start, Mr. Kelsen explained that the CDR triggers were based on a review of the type and volume of L&I permits, which helped identify the kinds of projects that impact the public realm. While the ZCC aimed to set triggers that balance the need for public discourse with the need to protect a property-owner’s fundamental rights, community groups would like to see the development triggers lowered and developers want them raised. Both sides had an opportunity to restate their position, but in this case, the ZCC stood behind its decision and the triggers will remain “as is” for now. The required timeframe for convening a neighborhood meeting will be reconsidered, however. Based on input from the Crosstown Coalition, the ZCC may extend the amount of time available from 21 days to 30 days.

Comments related to L&I, the ZBA, and form and design controls for Center City were discussed in the same manner. Land use/development attorneys and representatives from the Real Property Section of the Philadelphia Bar Association, including Chair Cheryl Gaston, have provided detailed comments on issues they view as “sea changes” and those they think will provoke future litigation because of arbitrary decision-making or code language that is too vague or attempts to fix a problem that doesn’t currently exist. Several issues were referred to the Law Department for further consideration and Mr. Kelsen asked the participating attorneys to provide specific language in some cases.

Another meeting is scheduled for Monday, February 28 to discuss comments related to use categories, development standards, and new subdivision regulations. Most participants wanted more time and more meetings, however. Developers and community groups, for example, want to convene a special meeting with ZCC staff to work on Center City form and design controls together. That meeting is likely to happen, but no date was set.

The next full meeting of the ZCC is March 2. The sole item currently on the agenda is a vote to send a draft code to City Council.