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Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning” by clarifying certain provisions related to mixed income housing, revising the quality standards for affordable units within mixed income developments and making related technical changes, all under certain terms and conditions.
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WHEREAS, City Council has previously provided for a dwelling unit density bonus for developments that provide for affordable housing; and
WHEREAS, this amendment is intended only to clarify and not change the existing requirements in the Code with respect to the dwelling unit density bonus; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
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TITLE 14. ZONING AND PLANNING
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CHAPTER 14-700. DEVELOPMENT STANDARDS.
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§ 14-702. Floor Area, Height, and Dwelling Unit Density Bonuses.
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(7) Mixed Income Housing.
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(b) Criteria.
A floor area, height, or dwelling unit density bonus, as applicable, may be earned for developments where at least fifty percent (50%) of the gross floor area will be in residential use (i) by providing affordable housing, provided that the project meets the standards set forth in subsections (.1) through (.5), below; or (ii) if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below, provided that no development with fewer than ten dwelling units may earn these bonuses by entering into any such payment in-lieu agreement. For any development where less than fifty percent (50%) of gross floor area will be in residential use, these bonuses may be earned, as applicable, if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below. The bonuses provided for in this subsection (7) ("Mixed Income Housing") are not available to any development that does not meet all applicable standards of this Zoning Code that require the inclusion of one or more non-residential uses on the lot.
(.1) At least ten percent (10%) of residential dwelling units (rounded up, if fractional) shall be provided and maintained as affordable, as defined in Tables § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), above.
(.a) For purposes of subsection (.1), "residential dwelling units" means the total number of units being provided within the development (including any dwelling units earned through bonuses including this mixed income housing bonus).
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(.4) Affordable units shall be of comparable quality, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction, as the market-rate units within the development, except that the Department of Planning and Development may authorize, on a case by case basis, variation in lot size, number of stories, or whether units are attached or detached, upon good cause shown. For rental units, this requirement shall apply to any maintenance or renovations performed during the life of the affordability commitment. Where the quality of market rate units, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction varies from unit to unit, the quality of affordable units shall vary substantially to the same degree. Affordable units may have interior finishes and features that are functionally equivalent to those of any market-rate unit within the development, so long as those finishes and features are durable, of good and new quality, and consistent with any further standards which the Department of Planning and Development may establish.
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(c) Bonus Floor Area, Building Height, and Dwelling Unit Density.
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(3) Mixed Income Housing Bonus Tables.
Table 14-702-3: Mixed Income Housing Bonus - Additional Gross Floor Area.
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Additional Gross Floor area, as Percent of Lot Area |
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RM-2 |
RM-3, RMX-1 |
RM-4 |
RMX-2 |
IRMX |
RMX-3 |
CMX-3 as provided in § 14-702(2)( c) (except in /TOD) |
CMX-3 (within /TOD only) |
CMX-4 |
CMX-5 |
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Mixed Income Housing (§ 14-702(7)) |
Moderate Income |
25% |
50% |
100% |
75% |
150% |
150% |
150% |
200% |
150% |
300% |
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Low Income |
50% |
75% |
175% |
125% |
250% |
250% |
250% |
300% |
250% |
400% |
Table 14-702-4: Mixed Income Housing Bonus - Additional Building Height.
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Additional Building Height |
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/CDO |
/ECO |
/PCH |
RM-1, CMX-1, CMX2 |
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Mixed Income Housing (§ 14-702(7)) |
Moderate Income |
48 ft. |
48 ft. |
24 ft. |
7 ft. |
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Low Income |
60 ft. |
60 ft. |
36 ft. |
7 ft. |
Table 14-702-5: Mixed Income Housing Bonus - Housing Unit Density Bonuses.
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Housing Unit Density Bonuses |
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RM-1, CMX-1, CMX2, or CMX-2.5 only) |
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Mixed Income Housing (§ 14-702(7)) |
Moderate Income |
25% increase in units permitted |
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Low Income |
50% increase in units permitted |
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SECTION 2. This Ordinance shall become effective immediately.
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