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In the Zone with Clementa Amazan – Episode 4

Written by: Clementa Amazan


'In the Zone with Clementa Amazan' is a video series that discusses the bonuses provided by the city that allow for additional height, floor area, and density, a terrific option for developers trying to avoid the variance process. In episode 4, we will be covering changes for the Mixed Income Neighborhoods Overlay District.

On June 24th, 2021, District Councilmembers Maria Quiñones Sánchez, Jamie R. Gauthier, and Kenyatta Johnson introduced Bill number 210633, which creates the mixed-income neighborhood’s overlay district. The Mixed-Income Neighborhoods Overlay District applies to Residential Housing Projects on lots located in the following areas:

  • The area bounded by Haverford Avenue, 31st Street, Spring Garden Street, the Schuylkill River, Grays Ferry Avenue, 47th Street, Larchwood Avenue, 53rd Street, Chestnut Street, 54th Street, Race Street, and 50th Street, as shown on the following map. It also covers the area located within the TOD overlay district and the 7th council districts,

  • The area bounded by Westmoreland Street, Kensington Avenue, Hagert Street, Emerald Street, Boston Street, Coral Street, Front Street, Norris Street, Frankford Avenue, Oxford Street, 6th Street, Dauphin Street (extended), 4th Street (extended), Lehigh Avenue, 5th Street, Allegheny Avenue, and B Street, as shown on the following map,

  • The area bounded by Cheltenham Avenue, Charles Street, Pratt Street, Valley Street, Harrison Street, Tackawanna Street, Orthodox Street, Griscom Street, Wakeling Street, Castor Avenue, and Oxford Circle, as shown on the following map,

  • The area bounded by Roosevelt Boulevard, a former Conrail Right-of-Way, Annsbury Street, 6th Street, and Wingohocking Street, as shown on the following map.

New real estate development projects in this overlay with ten (10) or more units must provide at least twenty percent (20%) affordability within the overlay boundaries, with ten percent (10%) of the total units having to be on the property itself while the other ten percent (10%) could either be on a property within a half mile of the new real estate development project or replaced by a payment to the Housing Trust Fund.

The on-site units must be affordable for rental households earning up to forty percent (40%) area median income (AMI), and for owner-occupied households earning up to sixty percent (60%) of AMI.

The cost of the payment in lieu varies depending on the zoning district of the lot and the gross floor area. For properties located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district, the payment in lieu is calculated by multiplying the maximum total gross floor area by eighteen dollars ($18).

In contrast, for properties located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district, the payment in lieu is calculated by multiplying the maximum total number of dwelling units by twenty-one thousand eight hundred dollars ($21,800).

Finally, properties located in any other zoning district the payment in lieu is calculated by multiplying the sum of the number of sleeping units divided by two (2) and the number of dwelling units, multiplied by twenty-one thousand eight hundred dollars ($21,800).

At Nochumson P.C., we are more than legal counsel. We are people serving our neighbors and community in Pennsylvania and New Jersey. Knowing that real communication between real people can help lead to real positive results, our team of attorneys are available 24/7 to help answer your legal questions and to fight for you with skill and fortitude, whatever the case may be. When you hire us, you can expect a sensible and cost-effective approach to legal counsel. We think fast, think ahead, and get things done.