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• Tell the Mayor and City Council you don't want your neighborhood turned into a parking lot.
• Read letters others have written.
• Read the full text of Councilman Clarke's anti-neighborhood Bill.

On March 14, 2001, Councilman Darrell Clarke is expected to introduce Bill 020078 which will change the Philadelphia Zoning Code to allow parking lots in residential neighborhoods:

(k) The following non-residential uses shall be permitted only if a Board of Adjustment certificate is obtained:

(.6) The parking of motor vehicles as a main use, provided that the parking lot is a surface open-air lot, of no less than 1.5 acres

Why is this a bad bill?

1. It would make it virtually impossible for any residential community to stop an unwanted parking lot.
2. Parking lots are now prohibited in residential neighborhoods. They require a zoning "variance" which is generally very difficult to get if neighbors are opposed.
3. The purpose of the bill is to eliminate the variance requirement.
4. This bill requires a "certificate" which is relatively easy to get and almost impossible to challenge. To challenge the certificate the community must generally prove that the parking lot causes actual harm by requiring substantial evidence and expert testimony in court. This is an expensive undertaking, which would exhaust the funds of most community groups.
5. There is no requirement that the parking lot be dedicated to residential parking. Virtually, any commercial vehicle would be allowed-UHaul trucks, trash trucks, etc.
6. To qualify, a lot would have to be 1.5 acres or more-the size of a small city block. This encourages speculators to seize huge swaths of land in residential neighborhoods holding them as surface parking lots for indefinite periods.
7. The language of the bill does not preclude separate lots on the same block to be legally joined to create the 1.5 acre minimum.
8. It would discourage productive development and turn large tracts of land into huge ugly gaps in the city streetscape.
9. It's bad public policy.

Why is Councilman Clarke introducing this bill citywide?

The Spring Garden Community Development Corporation purchased a tract of land at 22nd and Fairmount Avenue and developed it as a parking lot. Residents Against Spot Zoning challenged the variance. The Pennsylvania Courts, after an extended legal battle, determined that the parking lot was in violation of the residential code. The city must now revoke its permit or change the law. Zoning laws must be part of a comprehensive land use plan and cannot single out one property for special consideration-"spot zoning" is generally illegal.

In an almost identical legal battle as the 22nd & Fairmount lot, Commonwealth Court overturned a variance for a parking lot at 19th & Hamilton Street. The 19th & Hamilton Street lot measures 1.5 acres-the minimum size a lot must be to qualify under Clarke's bill. This parking lot is also in Clarke's district.

Having UHauls parked in the midst of residential homes is not a hypothetical. That's exactly what happened at 19th & Hamilton until residents raised opposition, with the residential code in their favor. The Parking Lot Bill removes this protection.

Why should Philadelphians oppose this bill?

Councilman Clarke's Parking Lot Bill threatens every residential neighborhood in the city, especially those earmarked for clean-up under the Mayor's anti-blight program. The Street administration plans to demolish 14,000 homes that will leave large patches on entire blocks. Will the replacement be shiny new residences or parking lots? Large tracts of empty land could be acquired by speculators and affectively devalue the few properties still standing. Councilman Clarke's Parking Lot Bill is bad for residents, bad for the city, and just simply bad public policy.

For additional information contact:
Jovida Hill 215.235.0852 (jovidajhill@comcast.net)