briefing for city council on the zcc's zoning code proposals

Philadelphia’s Zoning

Code Reform Project

Zoning Code Commission

Briefing for City Council

September 8, 2011

Zoning Code Commission Briefing for City Council September 8 2011 | p. 2


47 public meetings, aired on television

2 public hearings in City Council chambers

36 community-based meetings

7 Stakeholder X-Changes

2 public meetings to discuss why the Commission adopted, rejected, or modified a group’s proposal,

Dozens of presentations to community groups

Interviewed 125 professional zoning code users

Surveyed nearly 2,000 individuals on components of the proposed new zoning code.


Census 2010 shows gains in population and households for the

first time since 1950. A growing and increasingly diverse

population brings new opportunities for neighborhood

revitalization, economic development, and job creation. The new

zoning code can help shape our future.


• Contextual rowhome standards encourages construction that preserves neighborhood character.

• Revised rules on nonconformities promote infill.

• Mixed-income housing development bonuses available in Center City and around Transit-Oriented Development nodes.

• Providing opportunities for aging-in-place.


• New transit-oriented development (TOD) standards.

• Enables the use of energy and water conservation technologies such as solar collectors, wind turbines, and rain harvesting barrels.

• Allows urban agriculture and provides incentives for fresh food markets.

• Encourages tree preservation and planting.

• Provides a density bonus for green buildings.


The proposed code is supportive of home-based businesses, including family day care and bed and breakfasts.

A new district, CMX-2.5, is specifically designed to promote pedestrian-friendly and active commercial corridors.


• The CTR overlay district consolidates all existing controls to improve understandability of the zoning rules applying to Center City.

• An “a la carte” floor area bonus system gives developers more opportunities to provide public amenities, including mixed-income housing, transit improvements, and open space, in exchange for additional floor area.

• A new district, IRMX, is designed to help former manufacturing hubs to transition to mixed-use neighborhoods.


Registered Community Organizations (RCOs)

• The proposed code establishes a citywide system for registering community organizations.

• Within 45 days of an application, RCOs receive notice from and meet with developers of Civic Design Review projects and projects going to the ZBA.

• The Planning Commission is establishing criteria for RCOs.

Civic Design Review (CDR)

• A new CDR process gathers public input and advises on major projects (25,000 sqft / 25 units to 100,000 sqft / 100 units depending on the context).

• One RCO representative from the project area serves on the Committee.

• CDR completed in 30-60 days.


Examples:

• Broad Question - Treatment of certain uses, including community homes, bed and breakfasts, and home occupations in lower-density residential districts.

• Specific Question - The proposed code consolidates the existing ASC, NSC, and C7 districts into a single CA-1 (Auto-Oriented Commercial) district. Is there a need to separate smaller shopping centers from this consolidated district?


On May 11, 2011, the Zoning Code Commission adopted a Majority Report and a Minority Report. The reports offer the same substantive provisions of the Zoning Code Proposals, but differ with regards to how the code will take effect.


Day 1

Text and Conversion Map

Adoption

Day 90 Day 180

Fully Effective Date:

Any zoning permit application submitted between 90 and 180 days after the adoption date may be reviewed under the new code or the old code, at the applicant’s option.

Any zoning permit application submitted after180 days must be reviewed under the new code.


• The proposed code consolidates over 60 base zoning districts into 34 districts and contains tables showing the conversion from the existing to new district names.

• The changes to the text of the code, which will apply city-wide, will result in some changes to the use and dimensional standards of each zoning district.


Existing Zoning District Name R1 R2 R4 R5R9A/10A

consolidated with R20

R9/10consolidated

with R8/10B/18/19

RC-4Use-

Specific Standards

?New Zoning District Name RSD-1 RSD-3 RSA-2 RSA-3 RSA-5 RM-1 RMX-3ResidentialHousehold Living (as noted below)

Single-Family Y Y Y Y Y Y YTwo-Family N N N N N Y YMulti-family N N N N N Y1 Y

Group Living (except as noted below) N N S S S S Y

Assisted Living N N S S SExist.: SNew: Y

Exist.: SNew: Y

*NEW USE*Community Home, Family (up to 3 residents)

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Community Home, Family (4 to 8 residents)Exist.: NNew: S

Exist.: NNew: S

S S S S S

Community Home, Group N N S S SExist.: SNew: Y

Exist.: SNew: Y

Single-room Residence N NExist.: SNew: N

Exist.: SNew: N

Exist.: SNew: N

S S

Parks and Open Space*NEW USE*Passive Recreation

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Active Recreation N NExist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Y

Notes:

1. A minimum 350 sq. ft. of lot area is

required per dwelling unit.

Key:

Shaded cells indicate a change from the existing code.

“Y” = By Right Use, “S” = Special Exception Use, “N” = Prohibited

Existing Zoning District Name R1 R2 R4 R5R9A/10Aconsolidated

with R20

R9/10consolidated

with R8/10B/18/19

RC-4Use-

Specific Standards?New Zoning District Name RSD-1 RSD-3 RSA-2 RSA-3 RSA-5 RM-1 RMX-3

Public, Civic and Institutional

Day Care (as noted below)

Family (1–6) See Y Y Y Y YExist.: NNew: Y

Group (7–12) See 2 See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: SNew: Y3

Center (13+) See 2 See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: S

New: See 2Exist.: SNew: Y3

Educational FacilitiesExist.: NNew: S

Exist.: NNew: S

S S SExist.: SNew: Y

Exist.: SNew: Y

Fraternal Organization N N S S S S S

Hospital N N S S S S S

Libraries and Cultural Exhibits N NExist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Religious AssemblyExist.: NNew: S

Exist.: NNew: S

Y Y Y Y Y

Safety Services N NExist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Transit Station N N Y Y Y Y Y

Utilities and Services, BasicExist.: NNew: Y

Exist.: NNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Wireless Service Facility (as noted below)

Freestanding Tower N S S S S S S

Building or Tower-mounted Antenna (co-located on existing facility)

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Exist.: SNew: Y

Building or Tower-mounted Antenna (new facility) S S S S S SExist.: SNew: Y

2. Permitted as an accessory use if located in a building used as an educational facility, hospital, library and cultural exhibit, religious

assembly, or park and recreation building, except within two geographical areas in Northeast Philadelphia (see §14-603(7)(b)).

3. Retail sales and commercial service uses may not exceed 25% of the total gross floor area. Retail sales uses must be located the

ground floor of a building. Commercial service uses may be located on any floor of a building. p. 17

3. Retail sales and commercial service uses may not exceed 25% of the total gross floor area. Retail sales uses must be located the

ground floor of a building. Commercial service uses may be located on any floor of a building.

Existing Zoning District Name R1 R2 R4 R5

R9A/10A

consolidated with R20

R9/10consolidated

with R8/10B/18/19

RC-4Use-

Specific Standards

?New Zoning District Name RSD-1 RSD-3 RSA-2 RSA-3 RSA-5 RM-1 RMX-3Office

Business and Professional N N N N N N Y3

Medical, Dental, Health Practitioner N N N N N N Y3

Retail Sales

Consumer Goods (except as noted below) N N N N N N Y3

Drug Paraphernalia Stores N N N N N N N

Gun Shop N N N N N N N

Food, Beverages and Groceries (except as noted below)

N N N N N N Y3

Fresh Food Market N N N N N N Y3

Sundries, Pharmaceuticals, Convenience Sales N N N N N N Y3

Wearing Apparel and Accessories N N N N N N Y3

Commercial Services

Business Support N N N N N N Y3

Eating and Drinking Establishment N N N N N N Y3

Maintenance and Repair of Consumer Goods N N N N N NExist.: YNew: N

Parking, Non-Accessory (as noted below)

Surface, open-air N N N N N NExist.: SNew: N

Personal Services N N N N N N Y3

Visitor Accommodations (as noted below)

Hotel N N N N N N Y3

*NEW USE*Bed and Breakfast

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: Y3

Urban Agriculture

*NEW USE*Community Garden

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

*NEW USE*Market or Community-Supported Farm

Exist.: naNew: S

Exist.: naNew: S

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

Exist.: naNew: Y

p. 18


• The Minority Report links the effective date of the new code to the Planning Commission’s 18 District Plans.

• The code takes effect in each planning district only after:

1) the Planning Commission has completed a District Plan and

2) City Council has adopted zoning map revisions based on the District Plan’s recommendations.

• The Planning Commission anticipates a 5-year district planning cycle.

• Denver and Miami implemented the “Minority Report” approach, however these cities adopted form-based codes.

Estimated 2011

Text and Conversion Map

Adoption

Estimated2016 Year ?

City Council Adoption of Zoning Map

Revisions

District Plan Completion


Potential Consequences of the Minority Report:

• L&I must administer two zoning codes until the zoning map revisions have been adopted for all 18 planning districts.

• Potential for confusion for developers and residents.

• No certainty as to when the new code will be effective city-wide.

• “Within forty-five (45) days after the Commission issues its report, Council shall convene public hearings in Council Chambers to review the Commission’s Zoning Code Proposals.”

• “Within thirty (30) days of the close of [hearings on the Commission’s Zoning Code Proposals] Council may enact a resolution setting forth recommendations to the Commission concerning the Zoning Code Proposals, which the Chief Clerk of Council shall transmit to the Commission.”

• “The Commission shall review and may incorporate such recommendations into a final report.”


• “The Commission shall issue its final report within thirty (30) days of receiving Council’s recommendations, or,

• if Council does not enact a resolution setting forth its recommendations within thirty (30) days after the close of the required public hearings, the Commission shall issue its final report no later than sixty (60) days after the close of such hearings.”


• “Council shall either enact into law, reject or table the Commission’s Zoning Code Proposals contained within the final report in their entirety by the later of

(i) sixty (60) days after the Commission issues its final report or

(ii) the fifth Council meeting after the Commission issues its final report.”


• Regulations include:

o PCPC – Registered Community Organizations Regulations

o PCPC - Civic Design Review Guidelines

o PCPC - Master Plan, Subdivision, and Landscape Plan Submission Requirements

o PCPC – Sky Plane Technical Requirements

o ZBA – Rules for Hearings before the ZBA

• ZAM includes:

o “How-to” guide of the zoning process for developers and citizens

o Best practices for public notice, Zoning Board hearings, and community organization reviews


• www.zoningmatters.org

• www.facebook.com/PhillyZCC

• Sign up to receive regular emails from the ZCC at

[email protected]

• All Commission meetings are open to the public: Our next

meeting is on October 12th, 8 a.m. in Room 18-029, 1515

Arch Street

• Zoning Code Commission

1515 Arch Street, 13th Floor

Philadelphia, PA 19102


briefing for city council on the zcc's zoning code proposals

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