Zoning code discussion focuses on timing and process; vote could be delayed

ZCC Regular Session

On December 10, the Zoning Code Commission posted what they are calling the “referral draft” of the consolidated code – the zoning code that ZCC members will vote to send to City Council. Consultant Don Elliott of Clarion Associates highlighted major changes to the September draft and identified open issues that are still being discussed. Director Eva Gladstein announced that comments on the referral draft will be accepted until January 5, 2011, giving commission members and the public just three weeks to review the most recent changes. A vote to refer the draft code to City Council is planned to take place January 26, but concerns about the timing and review process expressed by members of the ZCC and the public will likely delay the vote.

Representatives from the Crosstown Coalition, Development Workshop, and Philadelphia Bar Association told the ZCC that three weeks was not enough time to review the latest draft and provide valuable feedback. Commission member and Councilman Brian O’Neill agreed and wanted assurance that the Work Plan Committee has recommended all proposed changes by vote or consensus. “The more time the better,” he said. “People will want to know the methodology and City Council will expect that these changes have been fully communicated and vetted.”

Representing the investment community, Commissioner John Westrum also requested more time to test some of the changes and raised concerns about process. “Are we going to vote on something next month that will change again?” Westrum asked. “We need a mechanism that allows the code to be tested and refined over time without going back to City Council for every change.” ZCC chair Alan Greenberger said staff is considering a proposal to set an “effective date,” which will not be the same date City Council approves the code. A delayed effective date would establish a transition period when applicants could choose to be reviewed under either the old or the new code and allow time for training at L&I, public outreach and education, and testing by investors. Don Elliott added that any problems identified during the transition period could be amended right away, so that when City Council adopts the code, amendments can be approved at the same time. Mr. Elliott also recommended that the ZCC set a periodic review schedule to revisit the code over time.

Although some commissioners and public participants encouraged the ZCC to move forward with the vote as planned, Mr. Greenberger said that staff will have a discussion about the impacts of extending the review period 30 days and email ZCC members a proposal for their consideration. Any changes to the timeline will be posted at www.zoningmatters.org. Eva Gladstein reiterated that all comments are taken into account by staff and the Work Plan Committee and that proposed changes to the draft code reflect the results of vigorous debate. The same process will be applied to the final review period, although submitted comments will not be posted.

In addition to presenting a summary of major changes to the zoning code, Don Elliott directed attention to the code’s supporting documents: the Zoning Regulations, which will be adopted by decision-making bodies including L&I, PCPC, and ZBA; and the Zoning Administrative Manual, which addresses administrative matters. These documents contain important content that is not in the zoning code because: it is only relevant to a limited audience; contains a high level of detail and would add significant length to the code; or it may need to be changed more frequently than the code. Mr. Elliott encouraged the ZCC and the public to review these documents and provide feedback to the staff.

Click here to view a summary of major changes and open issues. Visit www.zoningmatters.org to review the Referral Draft, Zoning Regulations, and Zoning Administration Manual.