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Does Blackwell's bill hurt city development?

WHILE THE CITY is trying to spur development, City Council last week made a major change to the 5-month-old zoning code that critics say could significantly slow building projects throughout the city.

Jannie L. Blackwell backed Carl R. Greene. (File Photo / Staff)
Jannie L. Blackwell backed Carl R. Greene. (File Photo / Staff)Read more(File Photo/Staff)

WHILE THE CITY is trying to spur development, City Council last week made a major change to the 5-month-old zoning code that critics say could significantly slow building projects throughout the city.

What Council did was override Mayor Nutter's veto Thursday of a bill sponsored by Councilwoman Jannie Blackwell that requires community organizations and zoning applicants to provide notice to each resident within one block of a project, as well as adjacent blocks.

The change also allows for multiple mandatory meetings with these "registered community groups," or RCOs, instead of just one. In addition, it relaxes the requirements necessary for a group to be considered an RCO and expands the civic design-review committee - created to weigh in on major development projects - to include a designee by a Council member, and a seat for an additional RCO member.

The purpose of the bill, Blackwell said, is to ensure "inclusion across the board."

Critics argue that it will stall development when the new code was supposed to help streamline it. Here are some of the major sticking points:

Expanded notice requirements: "If you put a letter in the mailbox, some will never see it. Some people who want to jam-up development will say, 'I never got it,' " said Alan Greenberger, the city's deputy mayor for economic development.

In his veto letter, Nutter said that the bill does not make clear what happens in reaching residents of multioccupant buildings and that the notice requirements "will lead to litigation regarding noncompliance, as even good-faith compliance will prove difficult."

Possible multiple meetings: In some neighborhoods there are multiple RCOs, some that don't get along with one another. The idea was to get all RCOs working with each other. But the bill allows RCOs to avoid that. Multiple meetings can be required by the district Council member, the Commission and the Zoning Board.

"It is a real blow to development to have a whole third-party sector sort of jump in the ring as a third party when, honestly, they should have deferred," said Kiki Bolender, head of Bolender Architects.

At a November hearing on the issue, Bolender asked Council, "If you were a developer, would you even think of making an investment in a city with this requirement for possibly endless meetings, each with the potential to derail your project?"

Weak requirements to be an RCO: The new zoning code required RCOs to hold regular meetings, have an elected leadership and have within its bylaws defined geographic boundaries. Blackwell's bill repeals those requirements. Community groups rallied against the requirements in the new code, arguing that they would not get their say on development.

"Are they trying to rule us?" asked Claudia Sherrod, executive director of South Philadelphia Homes Inc., of the city's regulations. "Our voice has to be heard."

Greenberger said that everyone would be able to have input either at the Planning Commission or Historical Commission meetings, but that the soft requirements allow for groups that are not RCOs to register as such.

"This is opening the door for other RCOs to be pop-up groups, such groups are not well organized," Greenberger said. The bill does not go into effect for 60 days and Nutter said he is hopeful that new legislation will be introduced to further address the administration's concerns.

Staff writer Sean Collins Walsh contributed to this report.

Blog: PhillyClout.com