ZCC responds to input

ZCC Special Session 

Zoning Code Commission members met a second time this month to discuss unresolved issues in the draft zoning code. ZCC staff and consultants have been sifting through comments submitted by commission members, civic groups, and industry associations, as well as public input from neighborhood meetings and online surveys. While many comments highlight the need for clarification and result in minor changes to the draft code, some raise more difficult questions that must be reviewed by the ZCC work plan committee and brought to the full commission for approval. Today, consultant Don Elliott of Clarion Associates focused attention on recent edits, new form and design controls, and density bonuses.

Mr. Elliott quickly described some general revisions, including new language for abutting properties, nonconforming uses, and limits on the amount of retail and commercial uses in mixed buildings (click here to view full presentation). However, reaction to proposed center city form controls and FAR bonuses prompted additional work by consultants and volunteers to test the viability of the new requirements and issues related to Neighborhood Conservation Districts remain unresolved.

Elliott explained that a new “sky plane” section would replace three existing sets of regulations designed to control building bulk and mass. Consultant George Claflen of Claflen Associates developed the new regulations, which are being reviewed and tested by other city architects. Response has been positive, but the consultant team is struggling to make the rules less complicated, since they will apply more broadly to center city and more property-owners may be affected. Members of the public requested the commission provide some sort of graphic explanation of the sky plane controls that can be more easily understood and to consider the collective nature of the controls, not just individual buildings.

Proposed FAR bonuses have been analyzed in detail by Michael Samuels, principal in Clarion’s Philadelphia office. Mr. Samuels was asked to test the proposed bonus options for a 20 percent return on investment for each district where bonuses are allowed. Seven bonus categories remain on the list and the amount of floor area bonus associated with each has been adjusted based on Samuels’ report (click here to review bonuses). Consultants raised a general question about center city districts and whether proposed base densities and bonuses are in line with realistic demand or encourage unrealistic expectations. No recommendation was made to better align permitted densities in the new code with the realities of the Philadelphia market.

The question of whether or not the Philadelphia City Planning Commission should issue Certificates of Compliance for projects in Neighborhood Conservation Districts generated much discussion, but remains unanswered. There is currently just one such district established, but members of the Queen Village Neighborhood Conservation District want language related to PCPC certificates to remain in the new code. Consultants recommend that only appealable L&I permits be included. ZCC member Emanuel Kelly noted, “A lot of effort went into developing this plan in lieu of the more stringent historic district standards. How do you protect neighborhood character without some sort of approval? Otherwise, it is meaningless.” David Schaaf of PCPC’s Urban Design group added that providing the certificates is not onerous and asked what would be proposed in its place.

The citizen comment period is open until November 12, 2010. The ZCC will meet once in November and twice in December in order to send the draft code to City Council before the end of the year as planned.