Zoning forum addresses how to resolve final issues and prepare the code for adoption this year

Zoning Reform Forum

PennPraxis, PlanPhilly and the Daily News hosted a public forum last night that brought decision-makers together to talk about why zoning reform is so important and what is needed for City Council to support a new code and vote to adopt it this year. PennPraxis director Harris Steinberg moderated a panel discussion with Deputy Mayor for Economic Development Alan Greenberger and Councilmen Frank DiCicco, Bill Green, and Darrell Clarke. The Councilmen agreed that the draft code is about 99 percent ready and getting closer. At issue is the code’s ground-level application and when and how remapping is carried out.

Alan Greenberger provided background on the history of zoning in Philadelphia and the status of the current reform effort. Mr. Greenberger emphasized that much of the new code is designed to clean up and simplify the regulations and establish a consistent and predictable process for all neighborhoods. “Still,” Greenberger said, “there are a bunch of issues that remain controversial. We’ve had to strike as careful a balance as possible between the desire for growth and the desire to preserve neighborhoods.”

The Councilmen were asked to talk about their own perspectives on zoning and what should happen next. Frank DiCicco said he initiated the zoning reform effort out of frustration with the current code’s complexity and what he described as the constant “banging of heads” between developers and community groups over proposed projects. “We have to be partners,” DiCicco said. “We need this code and we need to get it passed this session or it may not happen for another decade,” he continued. “If it is not satisfactory, we can amend it; it is not set in stone.”

Councilman Green focused on what he is calling automatic conversions – changes in permitted uses that would result if the code is adopted before remapping takes place. Green explained the difference between the Majority and Minority Reports issued by the ZCC on May 11, 2011. Under the Majority Report, the code takes effect citywide after a six-month transition period. Remapping will occur as the Philadelphia City Planning Commission completes its district planning process, which will be used to identify land that should be rezoned. Green essentially said in the Minority Report, “Let’s adopt the code as we map the city, so we have community input on the ground.” Since then, Green has acknowledged that having more than one code in force at any given time is problematic and has proposed changes to the code language that could narrow the gap between the two reports. “I fully expect and hope myself to pass the new zoning code this session,” Green said.

Councilman Clarke approached the topic by describing specific zoning issues in his district. “I represent the most diverse district in the city, perhaps the state,” Clarke said, “and we experience all types of challenging zoning issues.” The Councilman highlighted problems associated with student housing around Temple University and high-rise development along the Benjamin Franklin Parkway. “We developed overlay districts because people wanted some say-so,” he said. “I commend the work done so far and it is important to move this code along, but I am not comfortable moving forward without remapping. We need a ground-level conversation with these residents.” 

The discussion clarified details about registered community organizations and the role of the community groups and individuals under the proposed new code. Questions about institutional development districts and existing overlay and historic districts were addressed.  But issues related to remapping and when the code would become effective went unresolved and there are still a few critical details to work out before the end of this Council session and six new councilmembers are introduced. “As with any complicated piece of legislation,” Harris Steinberg said, “there are unintended consequences that are impossible to predict.” He said that Philadelphians have lived with the uncertainty of an untenable zoning code for so long and asked the panel if the unintended consequences in this case are too dire. “Can we get there?” Steinberg asked.

Both Green and Clarke replied that they support the code and want to see it get done. But Clarke added, “It is more important to get it right than in a timely fashion and the freshmen councilmembers can adequately deal with this and make the appropriate decision.”  Frank DiCicco agreed about the next council, but said, “What is ‘right’? It will never be perfect so that everyone will accept it without criticism. We should do the heavy lifting as incumbents and move forward.”