Zoning Update

Last Tuesday, City Council hosted a public hearing regarding bill 2021-1906, and 35 people signed up to speak. Of the 31 who actually appeared, 27 spoke clearly in opposition to either the contents of the bill, or the way it was introduced – or both. 10 speakers were residents of adjacent neighborhoods, community organizers and community development professionals who spoke to the dangerous precedent that would be set by sending this bill to the Planning Commission, undermining the public process. 17 speakers were Oakland residents – from Central Oakland, Panther Hollow, North Oakland, West Oakland, Schenley Farms, South Oakland, and Oakcliffe. Every Oakland resident asked Council to hold the bill pending conclusion of the Oakland Plan process. Regardless of each individual’s particular perspective or reason for being there, every testifier made it clear: what’s at stake is more than just a few residential blocks, it’s the integrity of public planning everywhere. 

Following the hearing, OPDC and a number of Oakland residents reached out to Councilman Bruce Kraus’s office to request a meeting to discuss the matter further. No one received any acknowledgment. 

Yesterday morning (October 12), Councilman Kraus announced that he, his legislative aide, and Walnut Capital’s lawyer had spent every day since the hearing behind closed doors working on a set of amendments, which he introduced at the same time that he asked Council to approve them. After some brief discussion, Council voted 8-0 to send the amended bill to the Planning Commission for its review.

The Planning Commission now until January 11, 2022 to review this bill, hold a public hearing, and return its recommendation to Council. Regardless of the Planning Commission’s review, however, if seven Council members vote to approve the bill, it will be passed. (Councilman Ricky Burgess took the opportunity this morning to announce that he, for one, would vote to pass this bill even if the Planning Commission recommends rejecting it. And it is clear he wouldn’t be alone.) 

OPDC will be tracking the bill closely at the Planning Commission and will help to get the word out when a hearing date is set. Meanwhile, if you have thoughts to share with Councilman Kraus, he can be reached via email and by phone at 412-255-2130.

The Public Process is Working for Oakland. Developers Should Wait Their Turn.

Normally, the story of a zoning bill has a very long prelude and a pretty quick conclusion. Someone – a planner, a resident, a local stakeholder, or an organization – will make a recommendation to the Department of City Planning that the existing zoning for a particular area should be re-examined. City Planning will study the area, and make a proposal for how the zoning could be altered. They’ll then take that proposal and hold public meetings to invite comment and feedback on the proposal, and they’ll make edits based on the feedback they receive. Depending on how complicated a change we’re talking about, this process could involve several back-and-forth drafts and public input. Only once City Planning is confident about their zoning change proposal will they forward it to the Planning Commission, which will review and vote on the proposal before sending it to City Council. 

Sometimes, though, the story gets told backwards. 

On Friday, September 17, the Mayor’s Office forwarded a bill to City Council that had been written by attorneys representing Walnut Capital, to re-zone 17+ acres of Central and South Oakland to support Walnut Capital’s development goals. The parcels included in the proposed re-zoning include some zoned R3-M (three-unit residential moderate density), RM-H (multi-unit residential high density), and R1A-H (single-unit attached residential high density), as well as a segment of the existing OPR-D (Oakland Public Realm district D). City Planning had the chance to look at the bill before it went to City Council, but no opportunity to introduce it for consideration as part of the ongoing Oakland Plan process. 

At the regular City Council meeting on Tuesday, September 21, Councilman Bobby Wilson introduced the bill as 2021-1906 and remanded it to the Land Use and Economic Development Committee, for that committee to refer to the Planning Commission. Oakland residents organized a petition for a public hearing on the bill and submitted it on Friday morning, September 24. At the next meeting of the Land Use and Economic Development Committee on Wednesday, September 29, the committee voted to hold the bill pending the citizen-demanded public hearing. The hearing is scheduled for Tuesday, October 5 at 3:00 p.m. All those who wish to testify at this Zoom meeting must register to speak with the City Clerk’s office via the form at pittsburghpa.gov/clerk/council-meetings or by calling 412.255.2138. You must register to speak by noon on October 5.

City Council now has a choice about how to handle this bill. 

If they decide to send it to the Planning Commission, the Commission will review the bill, the process by which it was developed, and its content. They will consult with the Department of City Planning, and they will hold their own public hearing of the bill at which any member of the public can speak and provide comment. Within 90 days, the Planning Commission must return the bill to Council for them to vote on it. 

Or – and this is not as crazy as it sounds – they can choose to just hold onto the bill for a while. It can sit on the Committee’s table until the Oakland Plan process is complete, and a new zoning map for Oakland has been drafted and sent to the Planning Commission for their review. The Department of City Planning estimates the final version of the Oakland Plan could be ready for Council’s vote as soon as this spring, so it’s not too long to wait. With the Oakland Plan in hand, builders and investors with grand ideas for Oakland will have plenty of tools available to them as they assemble the projects that will define the next few decades of development here – and the community will have the tools it needs to ensure those projects serve the public interest and address neighborhood priorities and needs. 

Sending the bill straight to the Planning Commission would short-change the Oakland community and would undercut the Oakland Plan process, disregarding the hundreds of hours that residents and stakeholders and planners have put into the plan so far. It would also force those same residents and stakeholders and planners to take more time to consider a single site in isolation, just to meet a single developer’s self-imposed project schedule. That isn’t fair to any of us. 

Tell Council what you think - contact your City Council member or testify at the hearing on Tuesday, October 5.

To watch the live stream of the meeting, visit pittsburghpa.gov/council/council-live OR www.youtube.com at 3:00 p.m. on October 5.

10.7.2021: Thanks to everyone who participated in the October 5 hearing. You can view the recording here.

Let's Talk...Zoning

Oakland’s “normal” is a state of flux. This is a neighborhood – or a collection of neighborhoods – that is constantly being changed in ways both subtle and dramatic, and the dynamism of this place is part of what draws people here. That draw can present a challenge: it sometimes seems like everyone in the region wants a piece of Oakland, and has an opinion about what it could or should be. Neighborhood planning here can be pretty contentious for this reason. There are a lot of opposing interests to balance. 

The most powerful tool in the neighborhood planning kit is the zoning map. Zoning defines what can and cannot be built in a given area, and can also include requirements about how new buildings relate to the streetscape and the neighborhood at large. A neighborhood zone could govern how tall or how massive a new building can be, how much greenspace it has to include, how many parking spaces it must provide, how much energy or water it must conserve. It can also lay out acceptable uses, such as housing, commercial, industrial, retail, cultural, recreation, or entertainment. 

Drawing a zoning map is a complicated business, and done right will involve a lengthy conversation with the community. Planners could propose a set of ideas; residents and stakeholders can provide feedback; planners then incorporate that feedback and present a new or revised set of ideas; and the public provides comment again. This iterative process can continue for months or even years, depending on the circumstances – but it’s important to get it right, and doing it right takes time. 

Oakland is currently engaged in a comprehensive neighborhood planning process. Over the past two years there have been many opportunities for participants to lay out Oakland’s needs and priorities, but the process is far from over, and there are still many things to talk about. What’s the best set of strategies to support the construction of more affordable housing? Where should Oakland development create more density, and where should we focus on preserving homeownership? How can property owners be supported to build back our tree canopy? What kinds of programs can the city and public partners invest in, to support residents connecting with employment and other opportunities? 

The next Let’s Talk meeting is Wednesday, September 22 at 6:00 p.m., and this month’s topic is all about zoning. Come learn about what Oakland’s zoning map looks like now, and what the process is for making changes to it. Bring your questions! Or tell us your thoughts and concerns in the comment box below.

OPDC's statement on Walnut Capital and re-zoning in Oakland

Oakland Planning and Development Corporation has recently learned that Walnut Capital is seeking to re-zone a substantial chunk of Central and South Oakland – including a city-owned park – to make room for its own new development, the nature of which is not clear.

What is clear is that the development would demolish three large and dense city blocks, including homes and apartment buildings and trees that have been part of the residential fabric here for more than 100 years.

It would remove one of the few remaining green spaces in Central Oakland. And it would do this while ignoring an ongoing public planning process and clearly established neighborhood priorities. To put it mildly, this is not how planning should be done. Zoning changes of this magnitude require a robust public process. It is unfair to the neighborhood to push for a boutique zone that ignores neighborhood needs for the benefit of a single developer. 

Oakland stakeholders – including residents, elected officials, and representatives from Oakland’s institutions – have been working with the Department of City Planning for the past two years through the Oakland Plan process to articulate community needs and priorities, and that process is far from finished. What we have heard so far is that Oakland wants new housing options that are affordable, accessible, welcoming and inclusive. Oakland wants to preserve and enhance its neighborhood fabric, grow its tree canopy, and help its public spaces to thrive.

Oakland residents need economic opportunities – not just jobs, but the chance to put down roots, build intergenerational wealth, and to benefit from neighborhood investment. Walnut Capital’s proposal includes none of that.

Planning for affordability: news from our neighbors

Lawrenceville has become the first neighborhood in the city of Pittsburgh to have an Inclusionary Zoning Overlay District (IZOD) – one that requires new residential developments with 20 or more units to ensure that at least 10% of those units will be affordable to households making 50% of area median income.

This protection is particularly important in a hot real estate market where rents and property values are skyrocketing, and lower-income renters and homeowners are being displaced. 

Sounds like something Oakland should have too, right?

If Oakland had had an IZOD in place five years ago, this kind of requirement could have produced over 80 new units of affordable rental. Instead, the 915+ new market-rate units constructed recently in Oakland go for $1,100 - $1,800/bed.

There are other tools to leverage new development to support community goals of equitable development such as affordable housing. Some of these tools are zoning restrictions, and others include programs that structure development financing and the additional taxes generated through a development project.  We refer to this as “value capture,” and it can provide support for a variety of neighborhood-serving activities and programs.  

Oakland is currently engaged in a comprehensive neighborhood planning process (and there are opportunities here to share your opinions about Oakland’s future), and now is the time to speak up for affordable housing and neighborhood-serving programs in each of Oakland’s neighborhoods.   

Over the next year, we will have extensive discussions about zoning and equitable development strategies as the Oakland Plan process concludes. OPDC hosts a monthly meeting to discuss issues of concern to the neighborhood, “Let’s Talk.” The next Let’s Talk meeting topic is zoning and equitable development, and we hope you will join us to let us know what you think about it. Until the planning process is completed, a permanent zoning change in Oakland is not likely to gain much support. We will discuss the kind of process residents can expect in terms of the changes that lie ahead.

Please reach out to Andrea Boykowycz at aboykowycz@opdc.org with any questions, and please feel free to share your thoughts and questions below.