ZCC “Stakeholder X-Changes” underway

ZCC Special Public Session 

Neighborhood representatives, developers, professional consultants, and interested residents are meeting at ZCC Stakeholder X-Changes to weigh in on proposed zoning regulations before the draft code is sent to City Council in May. The X-Changes were designed as informal opportunities for residents to learn more about the new code, but participants are using the time to provide additional comments and request more changes. The ZCC will make improvements to the code as appropriate.

Each X-Change has a focus area for discussion, although time is allowed for participants to raise concerns about other aspects of the draft zoning code. The first X-Change drew an unexpectedly large number interested in proposed public notice requirements, neighborhood meetings, and Civic Design review. The crowd was mostly made up of representatives from organized neighborhood groups, but a few voices from the development community were also heard, along with individuals not associated with any one civic association. Comments focused on new requirements for Registered Community Organizations (RCOs) and the number of required CDR meetings. See ZCC “Stakeholder X-Change” draws crowd.

At the second X-Change, the discussion focused on actions by the ZBA, including new standards for granting use and dimensional variances. While the ZBA must still take into account the impact on health, safety, and public welfare when granting variances under the draft code, some participants wanted to see the specific language for criteria in the current code maintained. Civic associations base their objections on those criteria when reviewing proposed projects in their neighborhoods. Developers, on the other hand, consider the new regulations too strict. The ZBA is required to just “consider” the criteria in the existing code, but the draft code requires the ZBA to make specific findings for each of the new criteria.

Stakeholders on all sides of the development issue want to see the ZBA held to a better standard, however. “The Board needs more guidance on how they run their meetings,” one participant said, “and it needs to be in the code.” Andrew Ross, Chief Deputy Solicitor for Housing and Code Enforcement at the city Law Department, said that there is an attempt in the draft code to address this issue, but some do not think it goes far enough. Although the ZBA may update its regulations when the new code is adopted, many want the zoning code to clarify exactly what the Board must do at a hearing in order to improve predictability. And a suggestion was made to require the ZBA to meet when it is easier for the public to participate.

Questions were also raised about how L&I permits are issued on the spot, so that neighbors are unaware. The current code allows “a reasonable time” for appeals, which some participants think is lost in the draft code. They want the code to address the fact that only the applicant knows about a permit until that information is released by L&I.

New regulations for dimensional variances were also under fire. Developers and their consultants think limiting any requested variance to a 25 percent increase over the applicable standard is unreasonable. “You don’t know what you are going to find on site,” Craig Schelter of the Development Workshop said. “You don’t know that 25 percent will be enough relief.” Developer and ZCC member John Westrum agreed. “The ZBA can make a decision whether 25 percent or 200 percent is appropriate,” he said. “It is a potential disinvestment.”

Districts and overlays were the topic at the third X-Change, held March 30 at 5:00 PM. Neighborhood Conservation Overlay Districts (NCOs) generated the most discussion. There was a high level of interest in the purpose and scope of such districts, which require City Council approval. Community representatives wanted to know if an NCO could include both residential and commercial areas and if the code allows an NCO to address permitted uses. Others were concerned that multiple overlays and districts would create jurisdictional problems.

ZCC Director Eva Gladstein noted that the next X-Change is Tuesday April 5 at 8:00 AM and announced two new tools available on the commission’s website: A Review of Use Changes in the New Zoning Code and the Top Ten Things You Should Know About Philadelphia’s New Zoning Code.

All meetings are being held at 1515 Arch Street on the 18th floor. Visit http://www.zoningmatters.org/ for the complete schedule of meeting times and topics and the latest updates on the draft code and related documents.