Bill 170498

..Title Amending Section 14-202 of The Philadelphia Code, entitled "Rules of Measurements," by providing for further measurement exclusions; amending Section 14-502, entitled "/CTR, Center City Overlay District," by modifying the subsection entitled "Rittenhouse Square," and adding new bulk and massing controls for the area; amending Section 14-604, entitled "Accessory Uses and Structures," by modifying setback requirements; amending Section 14-702, entitled "Floor Area and Height Bonuses," by modifying bonuses for mixed income housing and underground accessory parking; and making related changes, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows: TITLE 14. ZONING AND PLANNING. * * * CHAPTER 14-200. DEFINITIONS. * * * § 14-202. Rules of Measurements * * * (4) Gross Floor Area. * * * (b) Measurement Excludes (.10) In the RMX-3, CMX-4, and CMX-5 districts, floor area used for retail sales, eating and drinking establishments, [or] financial services (except for personal credit establishments), or personal services (except for body art service and fortune telling service), provided that the floor area exclusion shall not exceed 25% of the total gross floor area of the building, calculated without taking account of this exclusion. (.a) The Personal Services use must be open to all members of the public and not restricted to residents of the development. This shall not prohibit the owner or operator from billing users of the facility. (.b) The Personal Services use must be operated by a 3rd party vendor that is not owned by or affiliated with the owner or manager of the property where the use is located. * * * CHAPTER 14-500. OVERLAY ZONING DISTRICTS. * * * § 14-502. /CTR, Center City Overlay District. * * * (2) Applicability. * * * (b) Area Boundaries. * * * (.21) Rittenhouse Square. The Rittenhouse Square area is the area within [150 ft.] 425 ft. of the street frontages of Rittenhouse Square. * * * (6) Parking and Loading Regulations. The following parking regulations apply to the areas described in each subsection. * * * (j) Rittenhouse Square Developments on corner lots zoned CMX-4 in the Rittenhouse Square Area that include off street loading spaces and underground parking shall provide at least one means of vehicular ingress or egress on each property frontage of 200 ft. or more along streets with a width of 40 ft. or more. * * * (9) Bulk and Massing Controls. The following bulk and massing regulations apply to the areas described in each subsection below, as shown on the following map for illustrative purposes only. * * * (d) Rittenhouse Square Lots zoned CMX-4 in the Rittenhouse Square Area: (.1) Shall be eligible for the Mixed Income Housing Bonus in the amount permitted for the CMX-5 district, provided the Mixed Income Housing complies with all other standards contained in §14-702(7) and; (.2) Shall have a maximum allowed base floor area ratio of seven hundred and fifty percent (750%) of the area of the lot; and (.3) May include roof decks constructed up to the extreme front building line. * * * CHAPTER 14-700. DEVELOPMENT STANDARDS. * * * § 14-702. Floor Area and Height Bonuses. * * * (3) Floor Area Bonus Options Summary Table. * * * Table 14-702-1: Floor Area Bonus Summary Bonus Category Additional Gross Floor Area, as Percent of Lot Area (see § 14-701(2) (Residential District Dimensional Tables) and § 14-701(3) (Commercial Districts Dimensional Table) for the maximum allowed base floor area ratios for each district.) RMX-3 CMX-3 as provided in § 14-702(2)(c) CMX-4 CMX-5 Public Art (§ 14-702(5)) N/A N/A 50% 100% Public Space (§ 14-702(6)) N/A N/A Up to 200% Up to 400% Mixed Income Housing (§ 14-702(7)) Moderate Income N/A 150% 150% 300% Low Income N/A 250% 250% 400% Transit Improvements (§ 14-702(8)) N/A N/A Up to 200% Up to 400% Underground Accessory Parking and Loading (§ 14-702(9)) 100% N/A [100%] 200% 200% Green Building (§ 14-702(10)) N/A Up to 100% Up to 200% Up to 400% (3.1) Building Height Bonus Options Summary Table * * * Table 14-702-2: Building Height Bonus Summary Bonus Category Additional Building Height /CDO /ECO Public Art (§ 14-702(5)) Up to 12 ft. Up to 12 ft. Public Space (§ 14-702(6)) Up to 24 ft. Up to 24 ft. Mixed Income Housing (§ 14-702(7)) Moderate Income Up to 48 ft. Up to 48 ft. Low Income Up to 60 ft. Up to 60 ft. Transit Improvements (§ 14-702(8)) Up to 72 ft. N/A Green Building (§ 14-702(10)) Up to 36 ft. Up to 36 ft. Trail (§ 14-702(11)) Up to 72 ft. N/A Street Extension (§ 14-702(12)) Up to 72 ft. N/A Retail Space (§ 14-702(13)) Up to 48 ft. Up to 48 ft. Stormwater Management (§ 14-702(14)) N/A Up to 72 ft. Through-Block Connection (§ 14-702(15)) N/A Up to 48 ft. * * * (7) Mixed Income Housing (a) Affordability A floor area or height bonus, as applicable, may be earned by providing affordable housing at the following levels of affordability. (.1) Moderate Income (.a) Moderate Income rental units shall: (i) Have total monthly costs (including rent and utility costs) that do not exceed 30% of gross monthly income for households earning up to 80% of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Fair Market Rent Area; and (ii) Be occupied by households earning up to 80% of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area. (.b) Moderate Income owner-occupied units shall: (i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than 5% of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed 30% of gross monthly income for households earning up to 100% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area; (ii) Be sold to one or more members of a household earning up to 100% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area at the time of sale; and (iii) Be the principal residence of at least one person who owned the unit during the period of affordability. (.2) Low Income (.a) Low Income rental units shall: (i) Have total monthly costs (including rent and utility costs) that do not exceed 30% of gross monthly income for households earning up to 60% of the the Area Median Income (AMI), adjusted for household size, as, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area; and (ii) Be occupied by households earning up to 60% of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Fair Market Rent Area. (.b) Low Income owner-occupied units shall: (i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than 5% of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed 30% of gross monthly income for households earning up to 80% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area. (ii) Be sold to one or more members of a household earning up to 80% of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area at the time of sale; and (iii) Be the principal residence of at least one person who owned the unit during the period of affordability. [(a)] (b) Criteria * * * (.1) At least 10% of a minimum of five residential dwelling units constructed using base floor area ratio shall be affordable, as defined in [§ 14-702(7)(a)(.3) and § 14-702(7)(a)(.4), below] § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), above. (.2) This bonus is not available to developers of subsidized housing where 51% or more of the dwelling units will be affordable as defined by [§ 14-702(7)(a)(.3) or § 14-702(7)(a)(.4)] § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2). [(.3) Rental housing shall have total monthly costs (including rent and utility costs) that are affordable to households earning up to 80% of the Area Median Income (AMI) reported by the U.S. Department of Housing and Urban Development for the Philadelphia Metropolitan Fair Market Rent Area.] [(.4) Owner-occupied units shall have total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that are affordable to households earning up to 100% of the AMI reported by the U.S. Department of Housing and Urban Development for the Philadelphia Primary Metropolitan Statistical Area.] [(.5)] (.3) [Affordable units shall be affordable for a term of not less than 15 years, with future sales within such period governed by a restrictive covenant or long-term ground lease.] Affordable units shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), for a term of not less than 15 years with future sales, affordability, compliance, and certain legal remedies within such period governed by a restrictive covenant or long-term ground lease approved by the Law Department before the issuance of a building permit. [(.6)] (.4) Affordable units shall be constructed and available at the same time as market-rate units and reasonably dispersed throughout the development or as provided by a restrictive covenant benefiting the City of Philadelphia. [(.7)] (.5) Affordable units shall be comparable to market-rate units in exterior and interior building materials and finishes; overall construction quality; and energy efficiency, or as provided by the City of Philadelphia. [(.8)] (.6) [A developer may choose to make a payment in lieu of building affordable units. The in lieu payment will be contributed to the Philadelphia Housing Trust Fund and shall be the lesser of:] An owner or applicant of a building with a principal residential use may choose to make a payment in lieu of building affordable units. The City shall select the 10% of the units to be constructed to be considered as qualifying units and calculate the required payment amount. The owner or applicant shall provide the City with any requested documentation necessary to calculate the payment amount. The in lieu payment will be contributed to the Philadelphia Housing Trust Fund and shall, per qualifying unit, be calculated using the lesser of §14-702(7)(b)(.6)(.a) or §14-702(7)(b)(.6)(.b) for 10% of the development's total residential units or a minimum of five units, whichever is greater. (.a) The amount that a household at either 60% or 80% of [AMI] AMI, as determined by the bonus earned, adjusted for household size, as reported by HUD for the Philadelphia Primary Metropolitan Statistical Area, could afford to pay for the purchase of a qualifying unit; or (.b) The average cost of constructing a qualifying unit. [(b)] (c) Bonus Floor Area or Building Height. The additional gross floor area or building height earned for providing mixed-income housing is: Additional Gross Floor Area, as Percentage of Lot Area Additional Building Height Affordability Level CMX-3 as provided in § 14-702(2)(c) CMX-4 CMX-5 /CDO /ECO Moderate Income 150% 150% 300% 48 ft. 48 ft. Low Income 250% 250% 400% 60 ft. 60 ft. * * * (9) Underground Accessory Parking. * * * (b) Bonus Floor Area. The additional gross floor area earned by providing underground accessory parking is: Additional Gross Floor Area, as Percentage of Lot Area RMX-3 CMX-4 CMX-5 100% [100%] 200% 200% SECTION 2. This Ordinance shall become effective immediately. ..End