Title
June 21, 2004
To the President and Members of
the City Council of Philadelphia:
I am herewith returning to you as disapproved Bill Number 040156, which would amend Title 14 of The Philadelphia Code, entitled ‘Zoning and Planning,’ by adding a new Chapter providing for the creation of Neighborhood Conservation Districts; providing for the adoption of design guidelines for properties within such Districts; and requiring certificates of compliance to alter the exterior of a building within such a District or to demolish or construct a building within such District so as to ensure compliance with the design guidelines; all under certain terms and conditions.
Under the terms of Bill 040156, the enactment of a Neighborhood Conservation District would establish regulations that would control the design of new buildings and that would regulate any alterations to the exterior of existing buildings within the area defined by the Neighborhood Conservation District. I am mindful of the good intentions of this legislation, but have a number of serious concerns.
My primary concern is that the provisions of this Bill would create yet another layer of approvals and thus another barrier to good residential development in the City. It adds more uncertainty in the approval process at a time when I believe there is a need to be more accommodating to high-quality, new residential development. There are no restrictions whatsoever on what aspects of the design of a building would be beyond the grasp of the provisions of a Neighborhood Conservation District.
The requirements could be written in such a manner so as to overrule the provisions of the Zoning Code, placing limitations on construction that would not otherwise be regulated by the requirements of the Code. Limitations on development, improvements and maintenance could be so restrictive that the cost would prove to be too costly for many homeowners and possibly even render a property valueless.
While a stated purpose of bill 040156 is to discourage improvements to residential properties that would be inconsistent or out of character with the surrounding community, I believe this legislation could have significant, unforeseen negative consequences. The restrictions of a Neighborhood Conservation District could ultimately discourage residential development and reasonable improvements, thereby potentially encouraging disinvestment in and neglect and abandonment of properties.
Finally, the provisions of this Bill give the staff of the City Planning Commission many new responsibilities. At this point in time, it is difficult for us to determine the amount of additional staff that will be necessary to administer the provisions of this legislation. And given the difficult, challenging budgetary realities in which City government will be operating in the foreseeable future, I am concerned that this bill could and would add additional costs to the operations of government at a time when we can ill afford them.
I also note that the Planning Commission at its May 18, 2004 meeting recommended that Bill 040156 not be approved. In addition, the Law Department has expressed concerns that this bill would allow the City to use its police power to regulate property owners’ legal use of their property based on aesthetics. Such a bill, in the Law Department’s opinion, would be vulnerable to a legal challenge.
While I concur with the underlying goal of this legislation to preserve quality neighborhoods, for the reasons stated herein, I cannot support Bill 040156.
Sincerely,
John F. Street, Esquire
Mayor – City of Philadelphia
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