STATUS REPORT: OCCA and the ZONING CODE COMMISSION'S CHANGE MEMO | August 14, 2010
The Zoning Code Commission Events and Activities Schedule from September, 2010 through November, 2010, is listed at the end of this article and on the OCCA newsletter Events Calendar.
An obvious issue with the ZCC schedule is that the new Code document will be fully consolidated and integrated before the public comment period is closed. How the comments made by the public between September 9 and October 10 will be considered and, if appropriate, incorporated into the new Code draft has not been disclosed.
One apparent resolution of a concern registered in an OCCA letter of August 1, appears to be resolved on page 12 of the Change Memo which revised the boundaries of the Old City Residential Area Overlay District to accurately reflect the existing boundaries. The northern boundary is the south side of Spring Garden Street; the southern boundary is the north side of Walnut Street; the western boundary is the east side of 5th Street: and the east boundary is Front Street. This change will likely remedy three (3) of the concerns included in our letter of August 1.
However, on that very same page 12 of the Change Memo, a new problem appears that concerns Height Controls: "Old City Residential Area: Eliminate prohibitions on projections above the 65' height limit for parapet walls, mechanical or elevator penthouse, mechanical or building support equipment, cable service equipment including antennae, or non-accessory outdoor advertising signs."
Translation: This allows for roof-top non-accessory outdoor advertising signs (billboards) with no limit on the height of those signs specified. We will need to request that a change be made to the change in the Change Memo. (Is your head spinning?)
On page 13 of the Change Memo, it appears that the ZCC may have noticed that the Demolition Moratorium we have enjoyed, actually expired several years ago. There was the possibility they would not notice that those controls had been erroneously incorporated into the new Code draft. On page 13 it appears: Demolition Control Area: "Eliminate since these controls have expired." These controls actually expired when our Historic District Designation went into effect in 2003.
On page 18 of the Change Memo, there is a new definition of Eating and Drinking Establishments that may be detrimental to our quality of life in Old City. According to this new definition, all Eating and Drinking establishments are permitted live entertainment. As stated in the Change Memo, "Eating and Drinking Establishments: Sit-down Restaurant: Allow ancillary live entertainment that is restricted by the permissible size of common assembly space (e.g. dance floor, stage), and/or the number of musicians that may perform at one, and/or prohibitions on cover charges." Aside from the fact that this clause couldn't possibly be a regulation due to the number of variables included, it nevertheless does allow all sit-down restaurants to have live entertainment. If his clause remains, it would be a significant set-back for this community. We will need to request that a change be made to this change in the Change Memo to eliminate this problematic provision.
On page 18 of the Change Memo, there is a short section that reads: Financial Services: "Merge check-cashing, pawnshop and payday lenders into a single sub-use type within "Financial Services." It is difficult to know what other financial institution types would be grouped in this category, but it does not seem appropriate that, in terms of permitted and non-permitted uses, for payday lenders to be sharing a category with your local bank. We will investigate the intention of the ZZC on this point, and push back, if necessary.
The Use Tables pages 35-41 do not yet illustrate much remedy for the concerns we registered in our letter. Many of the uses currently prohibited under our zoning overlay, will be Permitted or Regulated within the new Code. We hope to remedy these issues by meeting with the Working Group, prior to the next ZCC meeting.
I'll finish this report on a positive note: Gun Shops are being reinstated as a Regulated use, as noted on page 19 of the Change Memo under 14-503 (6) Regulated Uses.
Another very positive note: Eva Gladstein has agreed to arrange a meeting for us with a member, or members, of the Working Group focused on the Center City Overlay Area (Old City included). That meeting will likely take place the week of August 23rd. The purpose of that meeting is to resolve as many of our concerns as possible and distill our list down to a few residual issues in advance of a meeting hosted by the entire Working Group with all the center city district civic associations, planned for early September. We will do everything we can to go into that September meeting with all of our concerns either rectified or pre-addressed.
We're making progress, and with some additional meetings with members of the ZCC Working Group we hope to come to an agreement regarding our remaining
concerns.
Zoning Code Commission Events and Activities Schedule
September 7, 2010 / 2:00 PM
Briefing for Philadelphia City Planning Commission on work of ZCC
September 8, 2010 / 8:00 AM ZCC Meeting
1515 Arch Street, 18th floor, Room 18029
September 15, 2010 / 1:00 PM
BIA Annual Conference, focus on ZCC
September 16 or September 30, 2010 / 8:00 AM
Briefing of City Council
September 16 - October 30, 2010 (Time to be determined)
Council District Civic Engagement Meetings
September 23, 2010 / 8:00 AM
Urban Land Institute Urban Forum on ZCC
October 6, 2010 / 8:00 AM ZCC Meeting
1515 Arch Street, 18th floor, Room 18029
October 21, 2010 / 10:15 AM
Design on Delaware presentation on ZCC
November 10, 2010 / 8:00 AM ZCC Meeting
1515 Arch Street, 18th floor, Room 18029
The Zoning Code Commission Events and Activities Schedule is listed at the close of this article.
