(12)   Optional Special Standards, Review, and Exemptions. 411
(a)   Developments that meet the criteria set forth in subsection (b), below, and complete the reviews and approvals set forth in subsection (c), below, shall be exempted from certain zoning restrictions, as provided for in subsection (d), below.
(b)   Criteria.
A development shall meet all the criteria of this subsection (b) in order to be eligible for the exemptions provided for in subsection (d).
(.1)   Availability.
(.a)   The exemptions provided in subsection (d) shall only be available to lots in the /CDO overlay district within a CMX-3, CMX-4, or CMX-5 zoning district and located:
(i)   East of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard;
(ii)   West of Columbus Boulevard, between Market Street and Spring Garden Street; or
(iii)   West of Delaware Avenue, between Spring Garden Street and Fairmount Avenue.
(.b)   The exemptions provided in subsection (d) shall only be available to a development with respect to which no structure or use requires a variance under § 14-303; and with respect to which the owner commits, to the satisfaction of the Commission, that any subsequent, substantially related development located on the same lot will satisfy the requirements of this subsection (b) and subsection (c), below.
(.2)   Uses.
(.a)   For building frontages on Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard:
(i)   One or more of the uses provided in § 14-507(4)(d) (Active Ground Floor Uses) shall occupy at least fifty percent (50%) of the length of ground floor of the building frontage; and
(ii)   No more than twenty-five percent (25%) of the length of the ground floor of the building frontage may be occupied by uses other than household living or those specified in subsection § 14-507(4)(d).
(.b)   For building frontages along one or more river access streets, as set forth in § 14-507(3), above:
(i)   One or more of the uses provided in § 14-507(4)(d) (Active Ground Floor Uses) shall occupy at least twenty percent (20%) of the length of ground floor of the building frontage, provided that this shall not decrease the percentage that is required under the provisions of § 14-507(4)(c).
(ii)   No more than twenty-five percent (25%) of the length of the ground floor of the building frontage may be occupied by uses other than household living or those specified in subsection § 14-507(4)(d).
(.3)   Form and Design.
For each structure, within the first 36 ft. of height above the average ground level, the cumulative length of any sides that roughly parallel and face toward Delaware Avenue, Columbus Boulevard, or Richmond Street shall not exceed 150 ft. L&I may refer applications to the Commission for the determination of which sides, if any, are roughly parallel to these streets.
(.4)   Parking.
(.a)   Surface parking lots shall not be located within 75 ft. of Delaware Avenue, Columbus Boulevard, or Richmond Street.
(.b)   Above ground parking structures shall not be located within 50 ft. of a trail, Delaware Avenue, Columbus Boulevard, or Richmond Street unless either:
(i)   At least fifty percent (50%) of the ground floor frontage of that parking structure along a trail, Delaware Avenue, Columbus Boulevard, or Richmond Street contains one or more of the uses provided in § 14-507(4)(d); or
(ii)   There is direct pedestrian access from a public sidewalk or trail to a public open space, public park, or public plaza that meets the minimum standards to qualify for a floor area or height bonus set forth § 14-702(6) (Public Space) (except for § 14-702(6)(a)(.4), relating to height above sidewalk level) and that is located on the roof of the parking structure.
(.5)   Stormwater.
For lots located east of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard, the development shall be designed such that all on-site stormwater shall discharge directly to the Delaware River without the use of City infrastructure in accordance with Water Department regulations and any other applicable procedures and regulations.
(.6)   Average Ground Level.
If a development is situated on or within a pier or garage that lies partially or entirely below the average elevation of its primary street frontage and is located within the Special Flood Hazard Area, the Commission may, upon a determination that to do so is consistent with the goals of this Overlay, deem the average ground level of the lot to be equal to the average level of the top of that pier or garage, for purposes of the requirements of subsection (9) ("Form and Design") and subsection (12)(b)(.3) ("Form and Design") only.
(.7)   Amenities.
(.a)   If the lot abuts or contains a portion of the Delaware River and the development is not located solely on a pier, the owner shall construct on the lot a trail that meets the minimum standards to qualify for a bonus set forth at § 14-702(11) (Trails) prior to the issuance of a certificate of occupancy for a development approved under this subsection (12); provided that the Commission may waive this requirement if the Commission determines that a trail on the lot will not beneficially serve the public interest in terms of pedestrian access to the Delaware River.
(.b)   Should the Commission waive the requirements of subsection (.a), the owner shall provide public improvements, at a cost to the owner approximately equal to the cost that the owner would have incurred had the Commission not waived the requirements of subsection (.a), above. These improvements may include, but need not be limited to, transportation enhancements, trail enhancements or connections, public comfort stations, natural resource preservation, or environmental restoration. Such improvements are subject to approval by the Commission. To the extent possible, any such improvement shall be coordinated with a city-related agency organized to design, develop, and manage the Delaware River waterfront.
(.c)   The owner shall provide on the lot a public open space, public park, or public plaza that meets the minimum standards to qualify for a floor area or height bonus set forth § 14-702(6) (Public Space), and that can be accessed by pedestrians from Delaware Avenue, Columbus Boulevard, Richmond Street, a river access street, or the trail constructed to meet the requirements of subsection (.a) above, prior to the issuance of a certificate of occupancy for a development approved under this subsection (12). The Commission may waive any requirement concerning the height of the public space relative to average ground level, if the Commission determines that the issuance of this waiver would beneficially serve the public interest.
(.d)   The development shall meet the requirements of § 14-702(7) (Mixed-Income Housing) necessary to earn a floor area or height bonus at either the Moderate Income or Low Income level of affordability. 411.1
(.8)   Other Bonuses Restricted.
The development shall not take advantage of any bonus provided for in § 14-702 (Floor Area and Height Bonuses) other than the Mixed Income Housing bonus provided for in § 14-702(7).
(c)   Reviews and Approvals.
A development shall complete all of the following reviews and approvals in order to qualify for the exemptions set forth at subsection (d), below:
(.1)   L&I shall not issue a zoning permit until:
(.a)   The applicant attends a meeting to review the proposed development with the Commission prior to the issuance of a zoning permit.
(.b)   The development completes Civic Design Review, as if the development meets the requirements of § 14-304(5)(b)(.1) (Required Review).
(.c)   The Commission certifies to L&I:
(i)   The application satisfies all of the requirements of subsection (b) and this subsection (c).
(ii)   In the opinion of the Commission, the development advances the purpose of the /CDO overlay district,, as stated in § 14-507(1) and as directed by the regulations of the Commission.
(.2)   Prior to the issuance of a building permit, the Commission certifies to L&I that, in the opinion of the Commission, all proposed facades and public spaces are in harmony with the intended character of the /CDO overlay district, as directed by the regulations of the Commission.
(d)   Exemptions from Other Zoning Restrictions.
A project that satisfies the requirements of subsections (b) and (c), above, shall be entitled to the following exemptions:
(.1)   Maximum building heights shall not apply, including but not limited to the maximum height provision of § 14-507(6)(b) ("Building Height").
(.2)   The parking requirements of § 14-802(3) (Required Parking in Commercial Districts) shall not apply.
(.3)   Any accessory parking provided in an aboveground structure that does not exceed the parking requirements of § 14-802(3) (Required Parking in Commercial Districts) that would otherwise apply, shall be excluded from the calculation of gross floor area; any parking in addition to the accessory parking that would otherwise be required shall count towards the calculation of gross floor area. 411.2

 

Notes

411
   Added, Bill No. 190811-A (approved December 30, 2019).
411.1
   Amended, Bill No. 200628 (approved March 29, 2021).
411.2
   Added, Bill No. 200628 (approved March 29, 2021).