ZCC refines zoning code in preparation for December 8 vote

ZCC Regular Session

The ZCC is meeting twice this month, once in November, and perhaps twice in December as the group continues to hash out details in the draft zoning code and approve revisions. Although the citizen comment period was extended to November 12, the ZCC must work hard to get a final draft to City Council by the end of the year – before budget season and before election year issues can be mixed in. Today’s meeting was focused on recent edits and emerging changes (click here to view the PowerPoint presentation). As a final vote on the code fast approaches, however, ZCC members must be able to defend the work of the past three years. They wanted to know how submitted comments are being tracked and if the new standards can be tested using sample projects. “People want to know which comments have been addressed,” ZCC member John Westrum said, “and if there are plans to test the districts and determine how the old code compares with the new.”

While consultant Don Elliott of Clarion Associates acknowledged that accounting for input is important, he has never been involved in a process where each comment was tracked and explained. “I am confident that every comment here was looked at by staff and the work plan committee,” Elliott said. “If the recommendation is not in the draft code, assume it didn’t make the cut.” ZCC Vice Chair Peter Kelsen reiterated that the work plan committee has developed a substantial list of issues based on a review of all submitted comments to date. The committee will continue to evaluate input and make recommendations for consideration and approval by the full commission. In response to questions about whether the draft code will be tested, newly appointed director of the Philadelphia City Planning Commission Gary Jastrzab said that he is talking internally with the urban design staff about applying the code to sample projects. ZCC executive director Eva Gladstein added that staff is also looking at testing a subset of typical ZBA cases.

As a ZCC member and City Councilman who will have to vote on the code next spring, Brian O’Neill is concerned about what he calls “distractions,” issues that have the potential to derail the good work that has been done overall. He notes accessory dwelling units, tattoo parlors, and night clubs as examples. “Permitting some of these uses citywide is not going to happen.” Councilman O’Neill also wants the differences between the new and current codes to be spelled out in summary form for each district. “We may be able to identify some problem areas now and address them,” he said. O’Neill also reminded the commission about the need to reduce the amount of cases at the ZBA. “Some people think what we propose in the draft code will create more use variances,” O’Neill said. “We need to flush this out in relation to Pennsylvania state law.”  

Although the earliest the new zoning code can be adopted is next May, some ZCC members were concerned about how to transition from the old to the new code. Don Elliott explained that other cities choose to (1) delay the effective date of the new code or (2) establish a three to six month period where applicants can opt to have projects reviewed under either code. Since administration of the new code will rely more on L&I staff, adequate training was another concern. L&I Commissioner Fran Burns explained that planning and training for a new code is not new for her department. “The city adopts a new building code every three years,” she said. “We are looking for key dates in terms of preparing for the new zoning code.”