§ 14-411. Design Review Submission Requirements.

   (1)   The significant physical scale and extraordinary activity level of the uses permitted in this District create major impacts on the areas in which they are located. To ensure that these facilities are constructed in the most appropriate manner, design, scale and density, the following requirements are imposed:

      (a)   No permitted use shall be constructed or opened for occupancy unless the Commission certifies, based on a review of the architectural plans, that the proposed design is in compliance with the provisions of this Section 14-411.

      (b)   The Commission must act to accept or reject the submission within 30 days or the submission will be considered approved. No construction drawings will be reviewed for purposes of building permits until after the Commission approves the design development plans pursuant to subsection (a) above.

   (2)   General requirements.

      (a)   Any building in a Commercial Entertainment District must be designed by a registered architect.

      (b)   Recognizing the intended use of the facility, economic feasibility, and potential conflicts with codes of relevant jurisdiction, the applicant for any building or zoning permit in a Commercial Entertainment District shall employ LEED (Leadership in Energy and Environmental Design) certified designers and shall use reasonable efforts to employ the technologies and strategies recommended by the United States Green Building Council for development of high performance and sustainable buildings and shall register for LEED certification. Applicants shall document actions taken to comply with this requirement and shall submit such documentation to the Planning Commission at the time of any building or zoning permit application. 327

   (3)   Siting, Access and Landscaping.

      (a)   If a permitted use faces a public street, a significant pedestrian entrance shall be on and front that street;

      (b)   A permitted use developed on a waterfront site, must provide dedicated public access to the waterfront, open to and connected from a public street. Public access will be provided along the site's waterfront length, the width of which will in no case be less than twelve feet wide;

      (c)   A permitted use must provide for adequate public transit access to the site;

      (d)   Prior to the issuance of any permit for any use in the District, the applicant must submit to the Commission (i) a landscape plan prepared by a licensed landscape architect; and (ii) a long-term maintenance plan for the proposed landscaping. 328

   (4)   Lighting. 329 No use will be approved unless it provides appropriate lighting levels throughout the site to support pedestrian safety. A lighting plan prepared by a qualified lighting engineer or designer must be submitted;

   (5)   Public Art. 330 A public art requirement is being imposed as a mechanism to expand and enrich the public environment and to create buildings and public spaces that are designed and executed with diverse and high quality materials, activities, and furnishings. It is intended to allow for the broadest definition of public art and encourage imaginative interpretation of media. In order to comply with this subsection, all of the following conditions must be met:

      (a)   On-site Public Art. It may include, but shall not be limited to the following, separately or in combination:

         (.1)   Sculpture;

         (.2)   Murals or paintings;

         (.3)   Earthworks, waterworks, fiber works, functional elements, furnishings, neon, glass mosaics, photography, prints, calligraphy, in any combination of forms of media including sound, film, holographic and video systems; hybrids of any media and new genres;

         (.4)   Lighting in any combinations of forms;

         (.5)   Commercial Activity. Items, functions and events which are basically commercial in nature, such as commercial art galleries, exhibits of items for sale, etc., shall not satisfy requirements of this Section of the Code;

      (b)   Location. Public art shall be located within the building, upon the building, or within public spaces on the site. Public art may be provided within the public sidewalk, if authorization, by ordinance, is obtained;

      (c)   Approval Criteria. In order to meet the requirements of this Section, the owner of the lot or a designee must have the proposed public art approved by the Art Commission of the City of Philadelphia and must provide to the Art Commission a long-term maintenance plan for such public art; 331

      (d)   The Art Commission may, upon request, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project;

      (e)   Decorative, ornamental or functional elements of the building or public space which are not designed by an artist and created specifically for the site and landscaping or other furnishings or elements required elsewhere herein, shall not qualify as part of the public art requirement, unless the Art Commission determines such elements comply with the intent of the public art requirement; 332

      (f)   Cost. Public Art as required in this Section shall be provided at an individual or combined minimum cost in accordance with the following:

         (.1)   For development on a lot, with construction costs of twenty million ($20,000,000) dollars or less, an amount equal to one percent (1%) of the construction costs;

         (.2)   For development on a lot, with construction costs of up to forty million ($40,000,000) dollars, one percent (1%) of the first twenty million ($20,000,000) dollars of construction costs and one half percent (0.5%) of the construction costs in excess of twenty million ($20,000,000) dollars but less than forty million ($40,000,000) dollars; and

         (.3)   For construction costs over forty million ($40,000,000) dollars, one percent (1%) for the first twenty million ($20,000,000) dollars of construction costs, one-half percent (0.5%) of the amount of construction costs in excess of twenty million ($20,000,000) dollars but less than forty million ($40,000,000) dollars and one- quarter percent (0.25%) of any construction costs in excess of forty million ($40,000,000) dollars.

      (g)   Public Art shall not be required under this section for interior alterations in existing structures if said alterations apply directly to retail or restaurant uses not accessory to a licensed gaming facility. 333

 

Notes

327	Amended, Bill No. 060631 (approved November 29, 2006).
328	Amended, Bill No. 060631 (approved November 29, 2006).
329	Renumbered, Bill No. 060631 (approved November 29, 2006).
330	Renumbered, Bill No. 060631 (approved November 29, 2006).
331	Amended, Bill No. 060631 (approved November 29, 2006).
332	Amended, Bill No. 060631 (approved November 29, 2006).
333	Added, Bill No. 080742 (approved November 16, 2008).