f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, October 22, 2008 10:05 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN BLONDELL REYNOLDS BROWN BILL 080548 - An ordinance amending Section 2 of Bill No. 050510, approved November 17, 2005... BILL 080632 - An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Thompson Street, Juniata Street... BILL 080649 - An ordinance amending Section 14-1621 of The Philadelphia Code, entitled "Passyunk Avenue Special District Controls"... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated
Good morning. This is a public hearing of the Committee on Rules. I would ask Mr. McPherson to please read the title of the first bill, Bill No. 080548. MR. McPHERSON: An ordinance 9 amending Section 2 of Bill No. 050510, approved November 17, 2005, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street," by extending the period of compliance. (Witness approached witness table.)
Good morning. Kindly identify yourself for the record.
Good morning, Council President Verna and members of the Rules Committee. I am William f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. Kramer, Division Director for the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 6 080548, which was introduced into City Council June 5th of 2008. This bill will amend Section 2 of Bill No. 050510, which was approved November 17, 2005. Bill No. 050510 rezoned 10.6 acres of land bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street from a zoning designation of C-1 Commercial to a zoning designation of C-3 Commercial. The purpose of the change was to facilitate the use of this property as a surface parking lot for Northeastern Hospital, which is located adjacent to this land across Tulip Street. The zoning change will also make future expansion of the hospital possible. Even though Bill 050510 was approved, the party-at-interest did not meet the conditions of the bill, which required a f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. fee to be paid to the City Treasury within 60 days of the passage of the bill. Bill No. 080548 amends this section of the prior bill by extending the time frame for this fee to be paid until December 31, 2008. The Philadelphia City Planning Commission at its meeting of June 17, 2008 considered Bill No. 080548 and recommended that it be approved. This is the conclusion of my testimony. I will be happy to answer any questions of the Committee.
Thank you very much, Mr. Kramer. Is it your testimony that the ordinance will only allow the extension of an existing use?
No, ma'am. It changes the zoning designation to C-3 Commercial. The plans, as I understand it from representatives of Northeastern Hospital, is that they want to put a f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. medical office building on this property, and to do so, they need this C-3 Commercial. But from a technical point of view, if you change the zoning to C-3, any of the uses under C-3 Commercial would be permitted on the property.
Thank you. Are there any questions from members of the Committee? (No response.)
Seeing none, do we have anyone to testify on this? (No response.)
I would ask Mr. McPherson to please read the title of Bill No. 080632. MR. McPHERSON: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Thompson Street, Juniata Street, Salmons Street, Berkshire Street, f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. Richmond Street and the Betsy Ross Bridge Approach.
Good morning, Council President Verna and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080632, which was introduced into City Council September 18th of this year. This bill will amend the Philadelphia Zoning Maps by changing the zoning of the parcel bounded by Thompson Street, Juniata Street, Salmons Street, Berkshire Street, Richmond Street and the Betsy Ross Bridge Approach. This bill 21 will, in effect, fix an error made in the preparation of a previous ordinance. Bill No. 050463 changed the zoning of the area specified from L-4 Limited Industrial to R-4 and R-10A Residential f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. in order to permit the construction of new dwellings, and this bill was signed into law June 16, 2005. In the preparation of the bill, an error was made with a dimension incorrectly transposed. The result was the last proposed dwelling fell partly into the L-4 Limited Industrial district and would require a variance in order to be built. This condition is at odds with the original intent of Bill No. 050463, and Bill No. 080632 will correct this error. The Philadelphia City Planning Commission at its meeting of October 21, 2008 recommended that Bill No. 080632 be approved. That is the conclusion of my testimony. I'll be happy to answer any questions you may have.
Thank you. Are there any questions from f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. members of the Committee? (No response.)
Seeing none, I would ask Mr. McPherson to please read the title of Bill No. 080649. MR. McPHERSON: An ordinance 8 amending Section 14-1621 of The Philadelphia Code, entitled "Passyunk Avenue Special District Controls," by adding telemarketing as a prohibited use, all under certain terms and conditions.
Good morning, Council President Verna and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080649, which was introduced into City Council September 18, 2008. This bill will amend the Philadelphia Zoning Code, Section f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. 14-1621, "The Passyunk Avenue Special District Controls," by adding telemarketing to the list of prohibited uses. This special district was added to the Zoning Code to help promote and guide appropriate development along Passyunk Avenue while still preserving the character of the residential community. In order to accomplish this goal, certain uses that may be considered nuisance uses were prohibited. Such uses include car wash establishments, dispensing windows, automotive repair and restaurants with a drive-thru window, for example. Poorly managed telemarketing establishments can become nuisances to the residential component of the neighborhood as represented by littering, loitering and loud noise during work breaks. While this bill will not affect existing telemarketing uses, it will f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. prohibit a proliferation of such uses. The Philadelphia City Planning Commission at its meeting of October 21, 2008 recommended that Bill No. 080649 be approved. This is the conclusion of my testimony. I'll be happy to answer any questions of the Committee at this time.
Thank you. Any questions or comments from members of the Committee? (No response.)
Seeing none, I don't believe we have anyone to testify. That will conclude our public hearing. Before we go into our public meeting, I would like the record to reflect that we certainly have a quorum. To my extreme left, Councilman Kelly, Councilwoman Brown, Councilman Greenlee. To my extreme right, we have Councilman DiCicco, Councilman Goode and Councilman f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. Kenney. This concludes our public hearing. We will now go into our public meeting, and the Chair recognizes Councilman Kenney regarding Bill No. 7 080548.
Thank you, Madam Chair. I move that Bill No. 080548 be reported out of this committee with a favorable recommendation and a request made for rules suspension to allow for first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 18 080548 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will say aye. (Aye.)
Those f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. opposed? (No response.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney regarding Bill No. 080632.
Thank you, Madam Chair. I move that Bill No. 080632 be reported out of this committee favorably and a request made for rules suspension to allow first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 17 080632 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will say aye. (Aye.)
Those opposed? f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. (No response.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilman Kenney regarding Bill No. 7 080649.
Thank you, Madam Chair. I move that Bill No. 080649 be reported out of this committee favorably and a request made for rules suspension to allow for first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 17 080649 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will say aye. (Aye.)
Those opposed? f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated 10/22/08 - RULES - BILL 080548, etc. (No response.)
The ayes have it and the motion carries. This concludes our public meeting. Thank you, Mr. Kramer. (Committee on Rules adjourned at 10:15 a.m.) - - - f9512d76-c972-444c-bdf9-6d631384974a (215) 561-2220 V A R A L L O Incorporated CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 22, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)