NUTTER: Zoning Code Revision

The truth is that revising our 40-year-old zoning code will be a lengthy and complex process that deserves appropriate deliberation. As Mayor, I will commit my authority to revise the Zoning Code Here are ten principles that would address large and small scale issues and balance local community concerns with the broader issues of the city.

These ten principles outline my expectations for a revised zoning code in Philadelphia.

1. Create quality urban environments: Philadelphia has a tremendous legacy of wonderful public places. As private investment increases, we must not lose site of the importance of the public realm to the life of the city. Urban design standards should be incorporated into the zoning code to maintain and enhance the character of pedestrian environments. For example, curb cuts should be minimized to lessen the disruptions to sidewalk movement and increase safety; gas stations, drive-thru and other auto-related uses should be prohibited except on designated automobile corridors. Form-based zoning should be implemented to positively guide the design of buildings to create quality urban environments. Examples of form-based ideas include minimum window openings percentages within each wall surface to avoid monotonous construction, maximum building setbacks to maintain a consistent edge along the sidewalk, and ground level retail with large display windows to increase the human interest and activity along the street. Form based codes were originally developed for new cities but are more recently being implemented in older cities wishing to maintain existing urban character such as Alexandria, Virginia and Iowa City.
2. Get the density right: Through zoning regulations and local plans, encourage increased density in areas that are well served by mass transit and discourage density increases in areas not served by mass transit in order to reduce traffic congestion. The City has the infrastructure to receive more of the region’s development, but it must occur in places that make sense. Locating high density development at key sites along transit lines will relieve the pressures of regional sprawl and lessen demand for the development of remaining open space in the region.
3. Reinforce neighborhood character: Introducing the concept of contextual zoning into the code would support development that is consistent with existing neighborhood building patterns. For example, if all buildings within a block are approximately 45’ high, as is the case along some Center City streets, it would make sense for new buildings to be around the same height, but this is not be allowed by the current code. Contextual zoning would address discrepancies between what is permitted by code and what already exists. Contextual zoning districts have recently been added to the New York City zoning code.
4. Create beautiful streets: Streets are the majority of public land and public space in any city. Landscaping requirements need to be elevated and enforced to assure that each development project makes a positive contribution to the street environment; maintaining existing street trees, introducing new trees and improving sidewalk conditions and lighting. Surface parking lots are particularly ugly and uncomfortable places. Landscaping is currently required but the requirements and the results are insufficient. The design of appropriate levels of shade trees and landscaping should be required as well as their maintenance of over time.
5. Support mixed-use development: Philadelphia’s current code is based on conventional Euclidian zoning, which advocates the separation of land uses. This zoned separation of uses runs contrary to the mixed vitality of urban life and is an example of a code long since out of date. New zoning categories should be created that promote a dynamic mix of residential, commercial and retail uses. Mixed-use development patterns are the key to creating sustainable, pedestrian-focused neighborhoods. Vancouver recently revitalized former industrial areas by guiding the construction of new, mixed-use developments. The city developed new codes that required a mix of income, park space based on population density, nearby schools, and commercial space incorporated into the neighborhood.
6. Increase park and recreational amenities: Attractive parks and recreational trails should be easily accessible from neighborhoods throughout the city. The availability of these public amenities increases neighborhood desirability and the quality of life throughout the city. Land is now available within many parts of the city but it needs to be planned and zoned for park use to assure its availability in the future. The development of new parks and trails should be recognized amenities that a developer could provide to a community in exchange for supporting the approval of desired zoning variances. The city should also coordinate the development of a safer and more complete bike lane system to provide increased recreation and a viable transportation alternative.
7. Address parking issues: The Philadelphia City Planning Commission just recently published a Center City Parking Policy paper that should be the basis for changing the zoning code to address parking concerns. One of the primary points made is “Incentives should be added to the Zoning Code to encourage developers to provide parking that is built below-grade or “wrapped” within the building’s core by primary uses like dwelling units, office, or retail space to avoid the visual impact of garages on the streetscape.” The paper also outlines ways for Philadelphia to become more innovative and effective with regard to parking pricing and coordination.
8. Appropriately locate manufacturing areas: Although manufacturing has declined, it remains an important source of jobs (40,000) for residents at a variety of income levels. As economic conditions such as energy sources, tax structures, and cost levels change over time, this sector of the economy should be supported to become even more vital. The city must ensure that appropriate land is available for future industrial growth through the strategic location of zoned manufacturing districts. Likewise, it must work to maintain the existing employers in the city by recognizing their site requirements, helping to provide sufficient infrastructure for industrial activity and setting a business tax structure that is not prohibitive.
9. Coordinate transportation projects: The perennial funding crisis at SEPTA has lead to a reduction in transit services while most US cities are planning for transit expansion. Transit studies are underway or have been completed for the City Branch, PATCO extension, waterfront light rail, the Schuylkill Valley Metro, the Roosevelt Boulevard Subway, and the Broad Street Subway extension to the Navy Yard, but these studies have not been coordinated into a transit master plan and funding sources remain elusive. Moreover, there is little coordination between highway projects, the transit system, and planning goals. For example, there is a lack of coordination between PennDOT plans to rebuild I-95 north of Vine Street and the increasing development activity along the waterfront.
10. Introduce inclusionary zoning: As high rise condominium housing opportunities increase in the city, affordable housing opportunities remain insufficient. The premise behind inclusionary zoning is that developers who receive benefits from the city (such as zoning variances or the ten year tax abatement) should, in return, provide affordable housing. The other premise of inclusionary zoning is that it is unhealthy for the city’s economy and social activity to divide neighborhoods by economic class. City policies should discourage concentrations of both poverty and wealth. Neighborhoods that are developed on the principle of diversity and provide housing and work opportunities for various members of society further the principles on which Philadelphia was founded. Affordable housing can be built as a required percentage of the housing units within a development or financed by a contribution into a housing fund. Over 300 local governments across the country, including Boston, Denver and San Diego have enacted inclusionary zoning programs.

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