401 Race - Franklin Place - Suggested Ordinance Inclusions

1. No zoning permits shall be issued with respect to any property rezoned or any plan of development approved by this Ordinance unless:

(a) The applicant shall have first submitted to the Philadelphia City Planning Commission (PCPC), Philadelphia Historical Commission, and Philadelphia Art Commission, and each shall have approved, within its individual purview, a Plan of Development, which shall be finally approved by the PCPC only if it, in its discretion, has determined that the Plan of Development provides for development appropriate in scale, density, character and use for the surrounding community.

(b) The PCPC certifies that the requested permits are in conformity with the approved Plan of Development.

Additionally the following conditions will apply with respect to any property rezoned or any plan of development approved by this Ordinance:

2. Prohibition on application for gaming license(s);
3. Prohibition on application for additional liquor licenses or the extension of any liquor license application described under the final, approved plan of development;
4. Absolute commitment to enter into a comprehensive Conditional Licensing Agreement (CLA) applicable to all service areas licensed under the single PLCB liquor license servicing all applicable areas as defined in PLCB Application #________________ dated ____________________;
5. Prohibition on application for additional food uses or the extension of any food uses described under the final, approved plan of development;
6. Immediate sunset of the principle food/entertainment use of approximately 33,000 square feet granted under this Ordinance at the discontinuation, closing, or abandonment of the Use by the original operator. All subsequent proposed food/entertainment uses will be considered new uses and subject to all existing zoning regulations; (section added subsequent to our meeting of July 15th with the 401 Race Street development team)
7. Specific regulations of the height of the residential component proposed for the 4th Street edge of the project so as not to exceed the height of the historic property to the east;
8. Prohibition on any non-accessory billboard, electronic or other, within the parcel or on top of any structure included within the parcel; (7/15 - no agreement, in principle, as yet)
9. Prohibition on any roof-top signage or roof-top supported signage within the parcel; (7/15 - no agreement, in principle, as yet)
10. All necessary improvements to the surface parking lot component at the east edge of the parcel bringing that use into complete compliance with all applicable standards of the current Zoning Code, and consistent with the aesthetic standards of the balance of the project area;
11. Absolute commitment to completely replace all sidewalk surfaces bordering the entire project area;
12. Absolute commitment to the landscaping and ongoing, long-term maintenance, including all necessary replacement of tree/plant materials included in the landscaping plan;
13. Absolute commitment to executing the Old City District (OCD) streetscape plan including replacement of all street lighting fixtures with the OCD-approved brown-round fixtures;
14. Prohibition on future application for any variance from any term(s) of Zoning Code Section 14-1610, or term(s) of such Section as incorporated into the future, updated version of the Philadelphia Zoning Code;
15. Absolute commitment that patrons' motor vehicles will not be permitted to park on the sidewalk of the premises at any time under any circumstances;
16. Sunset Provision
This Ordinance shall lapse on ________, 2011, unless, on or before such date, either:

(a) A building permit has been issued pursuant to a Plan of
Development approved by the PCPC, Historical Commission, and Art Commission; provided, further, that, should such building permit or any zoning permit issued pursuant to an approved Plan of Development expire due to a failure to construct, this Ordinance shall lapse at such time;
or
(b) The PCPC has granted a one-time extension of up to a one (1) year period, upon a determination by the Commission that the applicant is making substantial progress toward completion of the final, approved Plan of Development.