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Zoning update: EFCC is tracking all of these!

 

 

It's not all just variances and required public meetings in advance of zoning refusal hearings! Please read on.  Here is a quick rundown of the status of projects, potential projects and those under construction in East Falls.

3000 W. School House Ln. (Penn Charter)

Master Plan and Lower School

The Zoning Board of Adjustment (ZBA) approved Penn Charter’s Master Plan and Lower School Plan in 2022.  The EFCC supported both.

Construction permits for the Lower School were obtained and construction is well underway. The status of the appeal regarding Timmons House proposed parking buffers in front of the Timmons House on The Oak Road brought by one neighbor is unknown.

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3018 Midvale Ave.: Legalization of illegal structure in back alley

ZBA opposed the legalization (constructed without zoning and construction permits) and proposed modifications by the owner for an oversized structure, including an apartment above a garage -- which is not permitted.  The ZBA agreed with the EFCC and opposed the proposed legalization and modifications.

The City of Philadelphia has brought a civil suit to collect fines and penalties against the owner along with several other of his properties that are in violation.

In April of 2024 the owner sought zoning approval for a structure that would conform to the zoning code, which was approved, and a building permit was issued.  The building replacement is for a double garage with accessory storage above.  The plans and elevations show it is a replacement structure of compliant use and dimensions in a new compliant location.  Demolition of the existing illegal structure has not commenced.

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3401 Ainslie St.: Demolition of existing single home

The existing single home was granted a demolition permit by the city on Oct. 29, 2024. Previously this was the site of the original Garret Farmhouse used as a base during the colonial war.  A notice of impending demolition is now posted on site.  The site is zoned RSA.5 which allows single family attached rowhomes with minimum lot area of 1,440 square feet each.  This zoning designation reflects the zoning of adjacent streets.

Most likely the developer(s) of these new homes will build a by-right scheme unless they do not meet all requirements of the zoning code.  In that case, the EFCC will be alerted to an L&I refusal and its Zoning Committee will call a public meeting as required by the city’s zoning code.

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3445 Division St.: Construction of a single-family home

In 2020 the owner applied to crowd three homes on this small lot located on a dead-end street.  A by-right project by the zoning of the lot allows only one single family home, so the proposal received a refusal from the ZBA.  The neighbors and the ZBA refused the variance over the course of a year-long series of hearings, which included a modified proposal for two homes, which was also refused.  The owner then proposed a single-family home, which currently is under construction.

The remaining issue with the single home is that, as allowed by the zoning code, it towers over the adjacent two-story home, cutting off natural daylight.  This underlines the EFCC previous calls for a neighborhood Conservation Overlay (NCO) which could require setbacks at upper floors to maintain sky, daylight and views and minimum quality and types of materials.

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3500 Ainslie St.: Legalization of five existing apartments

ZBA opposed the variance request and accepted the EFCC and neighbors’ proposal for four apartments with street level retail use.  The ZBA decision was issued accordingly.  L&I’s Zoning Unit then issued a construction permit for five units in error.  After many months of phone calls and emails to multiple departments within L&I and Councilmember Curtis Jones’ office, the city has failed to acknowledge its mistake and revoke the permit.  The fifth illegal unit has been renovated.

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3520 Indian Queen Ln.:  Sale negotiations for site of Long’s Auto Repair

Two previous offers on the site have been withdrawn.  A third buyer attempted to negotiate a sale below the high asking price of $5 million.  Prospective buyers have been informed that near neighbors would consider a proposal for townhomes and not apartments.  The site is zoned Industrial.  Residential use would require a variance, and a public meeting would be required. The property recently was taken off the market.

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3721 Midvale Ave. (The Fallser Club)

A special exception as an entertainment venue was granted by the ZBA.  The EFCC and neighbor vote was to support with a proviso for midnight closing.

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4021 Ridge Ave., Dobson Mills:  Site and erosion control

This final phase of the apartment complex is for 133 apartments with 92 parking spaces, and is nearing completion.  Site erosion and runoff malpractice by the general contractor has clogged city storm drains adjacent to the site (approximately seven inlets,)  As a result, the low point of Scotts Ln at the rail bridge has flooded to a depth close to 12 inches in heavy rains.  The department of streets was informed and a 311 request was made.  It appears that some clearing of the drains took place.  Trench drains installed at the parking area street exits that would capture this water are not yet connected.  Interestingly in further pursuit of resolution it was reported that the 311 complaint which clearly described silted-up drains on Scotts Ln. was inaccurately described by 311 as “Dumping in a drain on the site.”

An EFCC request in the Civic Design Review Committee for a new sidewalk continuous up to McDevitt Field to benefit pedestrian safety has not been incorporated into the construction at this point.

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4401 Ridge Ave, PHA site

Previously, four offers were made to the Philadelphia Housing Authority (PHA), which is acting as the selling agent for the U.S. Department of Housing and Urban Development (HUD.)  The offers were in the $3.25 million range, which acknowledged the small size of the site and the cost of building on steep slopes and the potential removal of rock.  PHA officials accepted none of these offers and said it requires offers closer to their asking price of $4.9 million.  EFCC knows that a developer is negotiating close to the asking price with a proposal for potentially 250 units.

Prior to the PHA/HUD rejection of the above offers, at the request of PHA, EFCC and immediate neighbors met with the developers who made the offers.  The objective was to bring a project to Ridge Avenue that would be supported by the community.  Below is a summary of what were felt to be acceptable proposals from each developer:

Developer 1: 100 Units on Ridge Ave. with 25 to 30 town homes in the upper rear of the property.

Developer 2: 140 units on Ridge Ave. with approximately 25 multi-bed duplex units in the upper rear.

Developer 3: Approximately 40 townhomes arranged on the upper and lower sections of the site.

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NCA update

This second round to update our Neighborhood Commercial Area is a collaboration between the EFCC and the East Falls Development Corp., focused on parking requirement for CMX-2.5, where currently none exists, height limitations in CMX-3 and strengthening facade review criteria that is under the purview of the City Planning Commission.   Facade review was introduced in the first update.  For more detail of what was included in the first NCA update visit EFCC’s website, eastfallscommunity.org.

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Queen Lane Reservoir reconstruction, 2036 to 2042

On May 23, 2024 Philadelphia City Council approved legislation sponsored by Councilmember  Jones to change the zoning of the 110-acre Queen Lane Water Treatment Plant from Residential to Civic Use. (RSA-2 to SP-CIV).

The bill did not include some stronger amendments sought by the EFCC Zoning Committee and nearby residents -- amendments we have proposed since mid-2023.  The City Planning Commission, PWD and the Councilman’s office all decided -- without the courtesy of meetings requested by the EFCC -- to ignore our further amendments.

Under the previous zoning of the property, EFCC and neighbors had input into conditions at the edge of the facility along the public right of way.  This is how in 2010 neighbors were able to negotiate improvements as PWD upgraded the lighting and security of the site.  What are some of the amendments that EFCC has asked for and were not approved?

• Primarily, it was agreed that transmission towers, permitted by special exception, would be restricted to building-mounted antenna for municipal use only.  For some unexplained reason this did not make it into the amended bill.  It needs to be included.   A 100-foot-tall transmission tower would not be a good neighbor.  Cell towers are considered urban blight at the same level as billboards.

• Another concern is that the current requirements for buffer zone landscaping are minimal.  Plantings take years to grow in, and sometimes not at all, especially if there are plant failures and along with the chronic lack of maintenance.  PWD historically has not replaced shrubs and trees that die.  EFCC has proposed more robust planting in buffers and a commitment to improved site maintenance, which would provide more substantial and natural screening at critical areas, such as parking lots.

• EFCC also has proposed that landscape buffers be required on Fox St.  By the new zoning law there would be no buffers due to there being no residences.  But Fox St. is one of the major gateways into our community and it is important that there be landscape buffers where the utility will locate most of its visible plant.

• There might have been reasons why these and other amendments were not accepted by the Planning Commission.  EFCC received no explanation or a meeting.  We just were told, “NO”.

Has the Councilmember assisted the East Falls community?

• Yes.  He told the PWD on April 8, 2024, that if it were to be given the by-right Zoning that there absolutely had to be assurances for the community.

• To his word, The Councilmember had the Planning Commission include some community protections for landscaping, buffers, fencing, lighting and driveways into the zoning legislation.

• The amended bill was submitted to us for our review as the bill was before City Council for approval.

• None of our strengthened amendments were adopted or discussed per the above.

Our goal is to keep working with the Councilman’s office so we can update the bill in an upcoming session.  Our leverage, however, is gutted now the PWD has the by-right zoning. Other than what is included in the bill and allowable within the SP-CIV zoning designation we remain vulnerable.

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