Public reaction to Module 2 – Zoning Districts and Uses

ZCC Public Outreach

The ZCC hosted four community outreach meetings to gather feedback on the latest chapters of the draft zoning code. Key changes related to zoning districts, use categories, and public notice provisions were introduced. Participants at each session were asked whether they think the changes would improve the code and if there are issues that still need attention. Community input on neighborhood projects remains the number one concern.   

While participants at all four sessions considered the proposal for a Civic Design Review (CDR) committee a big improvement, some think the process will remain politicized. “What sort of teeth does the CDR give the community? As a practical matter, you are still asking the ZBA to decide on design.” Others expressed concern that the development thresholds that trigger a review are too high. “Big changes can come from small projects,” they said, “even just 3,000 to 4,000 square feet.” Many suspected developers will “slide in just under the thresholds.” Depending on the location of the project, by-right development will be subject to review if it is more than 100,000 square feet or 100 dwelling units; 50,000 square feet or 50 dwelling units, if adjacent to a multi-family residential district; and 25,000 square feet or 25 dwelling units, if adjacent to a single family residential district. Any proposed building on a parcel abutting a residential district boundary that exceeds the maximum height in that residential district by more than 20 ft is also subject to the CDR; however, many would like this trigger lowered. “Twenty feet is another two stories,” they said. “Perhaps a more contextual-based standard is appropriate.”

Reaction to the proposed reorganization of uses into 10 broad categories and 65 subcategories was mixed. Participants liked the simplification and thought it might facilitate the reuse of vacant properties, but were concerned that under the new system, some community groups and the average citizen may miss an opportunity to weigh in on proposed uses that will impact the neighborhood. Public education about the new use categories was recommended. The biggest concerns were raised about giving L&I staff the discretion to classify a proposed use appropriately. “That’s the loophole right there,” one participant explained. “Builders currently exploit our code and they will continue to do so. Staff decision at the L&I counter is an avenue that can be corrupted.” Moving the decision process to higher administrative level was suggested, but some participants were still concerned about how to appeal. “What happens if we don’t agree with L&I’s decision? What recourse is there?” Others tied the new use classification system directly to the issue of public notice. “If there are fewer variances with this new system, how does a community get notified?”
The most positive feedback on the draft code was related to the expansion of existing Wissahickon Watershed Overlay District protection standards citywide, so that steep slope and riparian buffer controls are applied to other environmentally sensitive areas. Most participants considered this the most meaningful change the city could make. “This is huge,” they said, “but we would love to see impervious surface controls become part of it.” They encouraged the ZCC to expedite the work of the Philadelphia Water Department, which is analyzing other watersheds in the city in order to make recommendations for impervious coverage in those areas.

The public was puzzled by proposed accessory dwelling provisions that limit units to 650 square feet in the primary building footprint of single family detached homes. “These are a great form of flexible housing that allows aging in place,” participants said. “If you don’t include rowhomes, you are cutting out most of the city.” A recommendation was also made to make the size restriction a percentage of the primary residence, rather than a specific square foot.

Comments related to the proposed consolidation of commercial corridor overlay districts focused on the need to protect neighborhood-specific characteristics, address the over-saturation of particular uses in any given area, and accommodate innovation. Participants disagreed on whether or not daycare uses should be permitted by right in more residential and commercial districts, but agreed that some location criteria may be needed to avoid situations where daycares and bars or other uses are next to each other. Clarification was requested for the proposed Transit Oriented Development Overlay District, since almost every block in Philadelphia is essentially a transit stop. Participants expressed concern about the potential for higher buildings and densities everywhere and want the hierarchy of transit nodes, stations, and stops better defined. Comments related to urban agriculture were mostly positive; however, there seemed to be consensus that existing wildlife habitat areas should not be traded off for urban agriculture purposes.

Discussions at each meeting were focused on the following key changes.  To review the full draft, click  Module 2 – Zoning Districts and Uses. To take a survey on Module 2, click http://www.surveymonkey.com/s.aspx?sm=hsa%2b1tAkgOvYX9JcKvezvAdU6rdQw3iuAG3hzuxDSCw%3d&.
 

• Public Notice and Meetings. Proposed language in the draft code requires community groups to register their organization in order to receive early notification for projects that need ZBA approval or meet certain development thresholds and location criteria. A CDR process is initiated for such projects. The review is limited to two public meetings of the CDR Committee, which includes two architects, one landscape architect, one transportation/urban planner, one real estate development professional, one person with civic association review experience, and one rotating seat from the project area. Both applicants and registered community organizations must attend the meeting and document results.
• Industrial Mixed-Use District. A new district designed to accommodate a mix of residential, commercial and low-impact industrial uses.
• Center City Overlay District. This district attempts to consolidate regulations from 14 existing code sections in order to eliminate redundancies, inconsistencies, and outmoded provisions. The new overlay district will include special form and use controls accompanied by maps, which indicate where each control applies.
• Neighborhood Commercial Corridor Overlay District. The new overlay district brings special dimensional and use controls from 13 existing commercial corridor overlay districts together to reduce redundancies and make the code easier to use and administer.
• Transit Oriented Development Overlay District. This district controls uses, height, parking, and design features around transit stations.
• Wissahickon Watershed Overlay District. Riparian setbacks and steep slope controls were removed from this existing overlay district and are proposed for citywide application.
• Use Categories. Permitted uses in the new code are reorganized into 10 broad categories and 65 subcategories.
• Daycare Use Regulations. Adult and child daycare facilities will be allowed in more residential and commercial districts.
• Urban Agriculture. A new use category created to accommodate community supported agriculture, market farms, animal husbandry, etc.
• Renewable Energy Production. New provisions to permit energy collector and conversion systems as accessory structures in all districts when certain criteria are met.
• Accessory Dwellings. Dwelling units limited to a certain size would be allowed within single-family detached homes.