Public input
is sought
for an
overhaul now
under way.
The impact will be felt for generations.
Matt
Blanchard
is a
writer
for
planphilly.com
and an
adjunct
professor
at the
University
of the
Arts.
Philadelphia's
new
Zoning
Code
Commission
is hard
at work
on an
overhaul
of the
city's
1962
zoning
code.
As a
political
spectacle,
it
rivals
the
excitement
of
C-Span
on a
Sunday.
But make
no
mistake:
While
most
Philadelphians
will
never
read the
new
code,
they
will
feel its
impact
for
generations.
Despite
its
alphabet
soup of
terms
such as
C5 and
R9A,
zoning
reform
will
reach
into
every
part of
the
city,
shifting
development
dollars
and the
political
landscape.
That's
why the
presumptive
future
mayor,
Michael
Nutter,
recently
called
zoning
reform
"the
start of
the
renaissance
of
Philadelphia
."
Remember
when
National
Geographic
magazine
dubbed
Philadelphia
"
America
's Next
Great
City "
in 2005?
The hip
metropolis
described
in that
article
had fine
restaurants
and
wireless
Internet
access,
but its
success
was
ultimately
founded
on
architecture
and
design -
dense
neighborhoods,
walkable
streets,
and a
"humongous
stock of
stately
old
buildings."
Zoning
isn't
architecture,
of
course.
But it
is
a kind
of
municipal
DNA that
governs
a city's
physical
growth.
And like
good
genes,
good
zoning
can have
a
sweeping
impact,
safeguarding
historic
neighborhoods
and
fostering
development
that
meets
high
standards
for
design
and
sustainability.
In other
great
American
cities
such as
New York
and
Chicago
, zoning
provides
the rule
book for
urban
revival.
That's
not yet
the case
in
Philadelphia
. After
45 years
and a
thousand
ad-hoc
amendments
by City
Council,
our code
has
swollen
to 624
pages of
impenetrable
legalese.
It's
less a
planning
document
than a
recipe
for
conflict.
In fact,
nearly
every
major
project
violates
the
outdated
code and
requires
a
variance,
sending
75 cases
a week
to the
Zoning
Board of
Adjustment,
where
developers
battle,
wheedle
and
barter
with
community
groups
and
elected
officials.
Philly's
"transactional"
style of
development
asks
builders
to risk
millions
on
projects
with no
certain
outcome.
Many top
national
developers
simply
say:
"No,
thanks."
While
casinos
have
lately
given
large-scale
development
a bad
name,
making
life
easier
for
regular
builders
can draw
investment
into
city
neighborhoods,
raise
tax
revenue
and
create
jobs.
Deal-by-deal
development
also
consumes
a full
50
percent
of staff
time for
some
City
Council
members,
while
creating
opportunities
for
pay-to-play
corruption.
It
forces
community
groups
to wage
guerrilla
warfare
to
defend
basic
design
values -
high-quality
architecture,
no blank
walls,
street-level
retail.
In other
thriving
cities,
these
are
simply
required
by the
code.
The
zoning
mess
forces
neighborhood
leaders
to
become
masters
of
zoning
arcana
and
political
horse
trading.
"We've
had to
learn
how to
protect
our
neighborhood,"
said
Matt
Ruben of
the
Northern
Liberties
Neighborhood
Association.
"We've
had to
become a
government
for the
neighborhood,
our own
planning
commission."
Developers
have
similar
complaints.
North
Jersey
developer
Daniel
Gans
says
Philly's
deal-by-deal
zoning
would be
a
scandal
where
he's
from.
Gans,
who
bargained
with
Ruben's
NLNA
over a
recent
project,
was
amazed
to find
civic
associations
acting
like
mini-governments.
"It was
a little
like the
Wild
West,"
he said.
Northern
Liberties
did OK
in that
bargaining,
but not
every
neighborhood
has
leaders
with the
time and
skill to
go
toe-to-toe
with
developers
and city
officials.
At
Inquirer
Great
Expectations
forums
across
the
city,
residents
lamented
population
declines,
bombed-out
shopping
streets,
and a
city
bureaucracy
either
too
corrupt
or too
inefficient
to do
much
about
it. They
wondered
why
Philadelphia
has not
embraced
green
building
technologies,
why the
waterfront
languishes,
and why
the city
has not
done a
comprehensive
plan in
decades.
On the
bright
side,
the
zoning-reform
movement
- which
pushed
the
successful
referendum
last May
that
created
the
Zoning
Code
Commission
- seeks
to
address
most of
these
issues.
It will
not
happen
overnight.
When
voters
endorsed
Ballot
Question
6 in
May,
they set
off a
two-part
process
that
could
take
most of
a
decade.
First
comes
the code
rewrite,
a task
assigned
solely
to the
ZCC,
whose 31
members
include
city
officials
such as
Councilmen
Frank
DiCicco
and
Brian
O'Neill
and ZBA
chairman
David
Auspitz;
business
leaders
including
developer
John
Westrum;
architect
Emmanuel
Kelly;
community
activists
including
Bella
Vista
Town
Watch's
Greg
Pastore,
and
chairwoman
Janice
Woodcock,
head of
the City
Planning
Commission.
Upon
completion,
which
could
take two
or more
years,
City
Council
must
vote to
adopt
the new
code.
Second
comes
remapping,
the
application
of this
new code
to each
of the
city's
152
neighborhoods.
That
process
is
likely
to be
long;
while
Minneapolis
managed
to remap
in less
than two
years,
Pittsburgh
has been
at it
for 10.
And it's
going to
be
noisy:
Thousands
of
citizens
must be
drawn
into
public
"listening
sessions"
and
design
workshops
if the
remapping
is to
meet the
needs of
all
Philadelphians.
Monthly
meetings
of the
ZCC are
open to
public
comment
now, and
- in a
very
unbureaucratic
spirit -
commission
members
already
are
clamoring
for
more.
They
have
launched
the Web
site
Zoning
Matters:
The
Philadelphia
Zoning
Referendum
(http://www.zoningmatters.org)
to post
meeting
times
and
updates.
Ideally,
the
finished
code
will not
only be
fair and
predictable,
but also
will add
progressive
planning
tools to
the
city's
toolbox.
In
Pittsburgh
and
Seattle
, zoning
has been
rewritten
to
encourage
high-density,
mixed-use
development
near
mass-transit
stations.
Used
here,
this
"transit-oriented
development"
strategy
could
capitalize
on
Philly's
extensive
SEPTA
network.
A modern
zoning
code can
reward
developers
who
build
with
energy-saving
technology.
In
Arlington
, Va.
, a
developer
meeting
the
national
LEED
standards
of green
design
can win
a zoning
bonus of
three
additional
floors.
That
allows
the cost
of green
design
to be
offset
by
income
from the
extra
space.
Arlington
and its
air
quality
come out
on top.
Similar
incentives
can prod
developers
to
provide
affordable
housing,
build
public
parks,
protect
historic
structures,
or use
finer
building
materials.
Yet
nagging
concerns
remain,
both
practical
and
political.
Can
zoning
reform
bring
peace to
the
perennial
war
between
builders
and
neighborhoods,
or will
it
merely
shift
the
advantage
to one
side?
With
developments
being
reviewed
on a
faster
track,
could
developers
gain the
upper
hand?
That's
precisely
what
frightens
the
ZBA's
Auspitz,
who
prefers
the
current
case-by-case
system.
"The
good
thing
about
the ZBA
right
now is
that
everybody
gets
their
day in
court,"
he said.
Reformers
counter
that
instead
of
giving
the
public a
"day in
court,"
they are
inviting
the
public
to help
make the
process
new,
fairer,
more
progressive.
It's an
offer of
front-end
influence
instead
of
back-end
reaction.
So far,
it
seems,
many
neighborhood
advocates
seem
willing
to take
that
deal.
A huge
question:
How will
district
Council
members
react to
zoning
reform?
The
outdated
zoning
code,
combined
with the
traditions
of
councilmanic
prerogative,
has
given
members
virtual
veto
power
over
projects
in their
districts.
This is
a huge
part of
their
political
clout.
Will
they
give up
any of
that to
create
fairer,
clearer
zoning
rules?
A second
concern
is
clarity
of
mission.
For most
cities,
the
code-and-map
reform
procedure
is
preceded
by
another
key
step: a
citywide
plan.
Philadelphia
has only
the
beginnings
of such
a plan.
ZCC
members
are
looking
at the
"11
Principles"
produced
by
Chicago
planners
for
guidance.
Covering
issues
from job
growth
to sign
clutter,
the
Chicago
principles
are
pretty
good.
Now,
commission
members
may have
another
solid
planning
document
to use
as a
touchstone.
It comes
from
Michael
Nutter,
who last
spring
came out
with a
little-noticed
"Nutter
Plan for
Zoning
and
Planning
Reform."
Nutter's
"10
Principles"
incorporate
the
latest
in
zoning
wisdom:
walkable
neighborhoods,
lively
streets,
and
development
that is
contextual,
sustainable,
transit-oriented,
mixed-use,
and open
to all
income
levels.
Combined
with his
recent
promises
to
elevate
the
underpowered
Planning
Commission
and
develop
the
Delaware
riverfront,
it is
easy to
imagine
a new
era for
urbanism
in
Philadelphia
.
Zoning
and
planning
reform
may not
be the
sexiest
issue,
but it
is one
on which
the
future
of the
city,
and the
success
of
Nutter's
tenure,
if he is
elected
mayor,
will
hinge.