I was12 asking you if you're aware of their13 opposition.14
I'm not aware of15 their opposition. I'm here on behalf of16 my client.17
So the only22 one that seems to be opposed to this is23 Mr. Singer.24
I can't speak if25 96 11/30/11 - RULES - BILL 110275, ETC.1 he's the only one. He's the client I'm2 representing here today opposing this3 proposed ordinance.4
Anyone else8 to testify on -- Ms. Nase? Is there a9 Carrie Nase?10
Oh, thank14 you.15 Please, if you're on this bill,16 please come forward.17 (Witnesses approached witness18 table.)19
Good morning. My22 name is Omar Blake and my counsel here is23 Tony Forte. I'm the General Partner of24 the ownership group that controls 121325 97 11/30/11 - RULES - BILL 110275, ETC.1 Walnut Street, a mid block, undeveloped2 property, currently used for surface3 parking. Formerly I was a Senior4 Vice-President at the University of5 Pennsylvania responsible for the planning6 and redevelopment of West Philadelphia7 from 1997 to 2006. During this time, we8 have strengthened the University9 relationship with the community, created10 jobs in West Philadelphia through an11 innovative apprenticeship program with12 Councilwoman Blackwell and helped make13 West Philadelphia one of the most14 desirable neighborhoods in the City.15 After I left Penn back in 2006,16 I have invested in the district that we17 are talking about in which the ordinance18 is being considered, because I saw19 similar potential to revitalize key20 blocks of East of Broad Street and around21 the University -- Thomas Jefferson22 University.23 From experience, we know that24 this type of revitalization can be25 98 11/30/11 - RULES - BILL 110275, ETC.1 implemented and sustained by following2 sound planning principles involving the3 community, creating a dynamic pedestrian4 experience and introducing mixes of uses5 that attract residents and visitors 24/7.6 For three years, we have worked with the7 Wash West Civic Association, Midtown8 Village Business Association, the Center9 Business District, City Planning10 Commission and staff, Councilman11 DiCicco's office and ultimately the12 Zoning Board of Adjustment to develop a13 plan for the type of dense, vibrant,14 mixed-use project that would contribute15 to East Broad revitalization and the16 City's economic development goals for17 this area. Unfortunately our antiquated18 Zoning Code doesn't permit "as of right"19 the type of pragmatic, progressive plan20 that we have developed with key21 stakeholders for the site, and as a22 result, our side and much of the rest of23 the block has been underdeveloped for24 decades.25 99 11/30/11 - RULES - BILL 110275, ETC.1 After receiving unanimous2 approval from the ZBA and the Planning3 Commission, our variances were appealed4 by an adjacent property owner. Only5 after having the appeal upheld by the6 Court of Common Pleas and overturned by a7 Court of Appeals have we reached a8 conclusion that a zoning ordinance is9 necessary to provide greater zoning10 flexibility in the district.11 We fully support the Zoning12 Code reform under consideration now and13 believe that the ordinance meets the14 spirit of that new Code, but, more15 importantly, it will unlock the full16 development potential of this block17 immediately and allow property owners in18 the district to move forward quickly with19 development plans that will create jobs20 in Philadelphia and revitalize this part21 of the City.22 Thank you.23
Thank you.24 Please identify yourself for25 100 11/30/11 - RULES - BILL 110275, ETC.1 the record.2
I'm Tony Forte with3 the law firm of Saul Ewing here today as4 counsel to the owner of 1213 Walnut.5 I would just like to address6 this issue of spot zoning that was7 raised. Because this ordinance does8 not -- it's not a project-specific9 ordinance. It doesn't affect just one10 parcel. It affects an entire City block,11 which is many properties and many12 property owners. It's true that my13 client, which owns 1213 Walnut, did14 propose a mixed-use development, and that15 proposal came about after literally two16 years of extensive consultation with all17 of the responsible key stakeholders in18 the area, not only the Councilperson for19 the district, but the Center City20 District, the Wash West Civic21 Association, the Planning Commission,22 Thomas Jefferson University. All of23 these folks participated in coming up24 with a plan for what this area needed.25 101 11/30/11 - RULES - BILL 110275, ETC.1 It's a block that has been underdeveloped2 for decades, and came up with a project,3 but it was a project which our outdated4 Zoning Code doesn't allow "as of right."5 Right now we're hopefully updating the6 Zoning Code, and I believe the new Zoning7 Code would permit something very similar8 to this type of a project. But that's9 not going to take effect, even if it10 passes, for another year or so. And so11 the purpose of this ordinance was looking12 at that project. And the fact that our13 Code doesn't allow a wonderful project14 like that, which all of the responsible15 key stakeholders feel should happen in16 this area, if the Code doesn't allow17 that, then let's try to relieve the18 zoning restrictions, make things a little19 bit more flexible between now and when we20 get a new Zoning Code to allow for this21 type of development, and my client would22 like to be one of the first to take23 advantage of it, but really it applies to24 the entire City block.25 102 11/30/11 - RULES - BILL 110275, ETC.1
Thank you2 very much. I doubt that this Committee3 is interested in delaying a project that4 everyone agrees, with the exception of5 one property adjacent, to potentially let6 the financing walk away and not have it7 happen. So we understand that there's8 this transition period between the9 adoption of the new Zoning Code, if it10 happens -- and we hope it does -- and its11 implementation. So we understand your12 point of view.13 Councilman, do you have14 anything?15 COUNCILMAN DiCICCO: No.16
Anyone else20 to testify on this bill?21 (No response.)22
Seeing23 none, we will now move to Bill No.24 110761. Bill No. 110761, an ordinance to25 103 11/30/11 - RULES - BILL 110275, ETC.1 amend the Philadelphia Zoning Maps by2 changing the zoning designations of3 certain areas of land known and numbered4 as 1925-33 West Venango Street thru to5 Pacific Street located within an area6 bounded by Broad Street, Lehigh Avenue,7 24th Street, Fox Street, Hunting Park8 Avenue and Erie Avenue.9 Mr. Kramer.10
Good morning,11 Councilman Kenney and members of the12 Rules Committee. I am William Kramer,13 Division Director of the Development14 Planning Division of the Philadelphia15 City Planning Commission. I am here to16 testify on Bill No. 110761, which was17 introduced by Councilmember Miller18 October 27th, 2011.19 Bill No. 110761 amends the20 Philadelphia Zoning Maps by changing the21 zoning designations for certain areas of22 land known and numbered as 1925 to 3323 West Venango Street thru to Pacific24 Street located within an area bounded by25 104 11/30/11 - RULES - BILL 110275, ETC.1 Broad Street, Lehigh Avenue, 24th Street,2 Fox Street, Hunting Park Avenue and Erie3 Avenue.4 The purpose of this bill is to5 rezone the properties at 1925 to 33 West6 Venango Street thru to Pacific Street7 from the existing zoning designation of8 "C-2" Commercial to a designation of9 "R-9A" Residential in order to match the10 seven single-family row houses that11 currently exist on the properties. These12 homes were constructed after the Zoning13 Board of Adjustment approved an14 application in 2008. This approval was15 appealed in the courts, where the16 approval was overturned.17 As originally introduced, this18 bill introduced maps with a significantly19 larger scope than necessary, which would,20 in effect, negate a large portion of a21 rezoning effort in the Tioga22 neighborhood, the subject of Bill No.23 060088 signed into law May 18th, 2006.24 After discussion with the District25 105 11/30/11 - RULES - BILL 110275, ETC.1 Councilperson, the staff of the Planning2 Commission has drafted maps which would3 be consistent with the objectives of the4 legislation and respectfully submit them5 for your consideration, along with a text6 change for clarity's purposes as7 suggested by the Philadelphia Law8 Department.9 The Philadelphia City Planning10 Commission considered Bill No. 110761 at11 their meeting of November 15th, 2011.12 After consideration, the Commission13 recommended that Bill No. 110761 be14 tabled.15 This concludes my testimony. I16 appreciate the opportunity to appear17 before you and would be happy to answer18 any questions you may have.19
Thank you20 very much for your testimony.21 Mr. Archie, please.22
Fine.25 106 11/30/11 - RULES - BILL 110275, ETC.1 Thank you.2 Anyone else to testify on this3 bill?4 (No response.)5
Seeing6 none, we will now move to Bills -- we're7 going to take them together -- Bill Nos.8 110762 and 110763. 110762 is an9 ordinance to amend the Philadelphia10 Zoning Maps by changing the zoning11 designations of certain areas of land12 located within an area bounded by13 Germantown Avenue, Hartwell Lane, Shawnee14 Street, and Southampton Avenue; and15 Bill No. 110763, which is an16 ordinance amending Title 14 of The17 Philadelphia Code, entitled "Zoning and18 Planning," by amending Chapter 14-1600,19 entitled "Miscellaneous," by amending20 Section 14-1613, entitled the "Germantown21 Avenue Special District Controls," by22 providing certain exceptions and controls23 for eligible mixed-use projects, all24 under certain terms and conditions.25 107 11/30/11 - RULES - BILL 110275, ETC.1 Mr. Kramer, please.2
Good morning,3 Councilman Kenney and members of the4 Rules Committee. I am William Kramer,5 Division Director of the Development6 Planning Division of the Philadelphia7 City Planning Commission. I am here8 today to testify on Bill Nos. 110762 and9 110763, which were introduced by10 Councilmember Miller October 27th, 2011.11 Bill No. 110762 amends the12 Philadelphia Zoning Maps within an area13 bounded by Germantown Avenue, Hartwell14 Lane, Shawnee Street and Southampton15 Avenue by changing the zoning16 designations of a two-acre property from17 "C-7" Commercial and "R-5" Residential to18 "C-2" Commercial and "R-10B" Residential.19 Bowman Properties plans to use the former20 Magarity Ford site to construct a21 mixed-use development containing 26,00022 square feet of commercial space, 1723 condominium units, eight single-family24 homes and 135 parking spaces.25 108 11/30/11 - RULES - BILL 110275, ETC.1 Bill No. 110763 amends Section2 14-1613 of the Philadelphia Zoning Code,3 entitled "Germantown Avenue Special4 District Controls," by adding new5 controls and exceptions to this section6 for eligible mixed-use projects. To be7 eligible for the Code exceptions, the lot8 requirements for a mixed-use development9 would need to be over 1.5 acres in area,10 have 200 feet of frontage on Germantown11 Avenue between Evergreen and Willow Grove12 Avenues, and not be listed on any13 historic places or historic registers.14 Further, the project would need to be a15 mixed-use building, have a minimum of 1016 dwelling units and 4,000 square feet of17 gross floor area.18 For projects meeting these19 requirements, there would be no required20 rear yard. A gross floor area of 15021 percent of the lot would be permitted.22 Building height regulations would allow23 for a height of 45 feet that can increase24 to a max of 70 feet by setting the25 109 11/30/11 - RULES - BILL 110275, ETC.1 building back, but must occur within the2 first 100 feet of the building from3 Germantown Avenue. In such qualified4 areas, private accessory parking lots are5 allowed to deviate from required6 screening if approved by the Philadelphia7 City Planning Commission staff in8 writing. Additionally, the sale of food9 and beverages that are prepared on10 premises and an eat-in area that are11 otherwise available for purchase for12 consumption off premises shall not be13 considered to be a delicatessen or a14 restaurant, provided that the food and15 beverage shall be for sale only during16 the hours that the main use is open for17 business.18 Bowman Properties plans to use19 the Magarity Ford site to construct a20 mixed-use development. It will have21 26,000 square feet of commercial, 1722 condominium units, eight single-family23 homes and 135 parking spaces.24 Upon review by the City's Law25 110 11/30/11 - RULES - BILL 110275, ETC.1 Department, they have requested some2 technical amendments to this bill in3 order to clarify language. It is my4 understanding that they have been working5 with the attorney representing this6 application and that these amendments7 will be submitted to the District8 Councilman for introduction at her9 leisure.10 At its meeting of November11 15th, 2011, the Philadelphia City12 Planning Commission considered Bill Nos.13 110762 and 110763 and tabled them until14 their December 13th, 2011 meeting, and15 also requested that City Council hold16 their vote until their December 15th,17 2011 meeting in order to allow for the18 developer and community to attempt to19 come to an agreement on the project.20 This concludes my testimony.21 I'd be happy to answer any questions you22 may have.23
Councilman24 Goode.25 111 11/30/11 - RULES - BILL 110275, ETC.1
Thank you,2 Mr. Chairman.3 Mr. Kramer, why is the4 Commission recommending that we vote on5 December 15th rather than December 8th?6
They wanted to7 allow as much opportunity as possible for8 the community and the developer to come9 to an agreement. I think the date was10 specifically listed because it is the11 last day of Council and the Commission12 meets on the 13th of December.13
It is my14 understanding that either way, whether we15 vote on the 8th or the 15th, that it's16 available to the Mayor for a pocket veto,17 which means if he does not sign the bill,18 it does not become law.19
If the Council24 wishes to take it on the 8th, that is25 112 11/30/11 - RULES - BILL 110275, ETC.1 their prerogative. Absolutely.2
Thank you4 very much.5 Please offer your testimony for6 763. Did you do that already?7
Thank you10 very much.11 Mr. McClure, Seth Shapiro,12 Richard Gelber.13 (Witnesses approached witness14 table.)15
18 MR. McCLURE: Good morning,19 Chairman Kenney, members of the Rules20 Committee. My name is Matt McClure. I'm21 with the law firm of Ballard Spahr. I'm22 here on behalf of Bowman Properties here23 to offer testimony in support of Bill24 Nos. 110762 and 110763. 6 I handed out some packets just7 momentarily that have exhibits. 17 At a little over two acres, the18 site is by far the largest development19 parcel along the Chestnut Hill Business20 District. 5 Notwithstanding the fact that6 the site has been used as a single parcel7 for decades, it has two very distinct8 zoning designations today. 14 Found in Tab of your packet15 is a letter from L&I Deputy Commissioner16 Michael Fink. Michael Fink's letter17 explains in detail the unique effect of18 the split zoning when it comes to the19 redevelopment of the site. Because more20 than percent of the site is zoned R-521 Residential, therefore pursuant to the22 Zoning Code, the most restrictive23 requirements apply. But what are the24 most restrictive requirements? 2 Conversely, C-7 does not permit R-53 residential uses. 17 The site is also subject to the18 Germantown Avenue Special Controls, the19 overlay. The overlay was required for --20 was created for small properties. This21 is a much different property. It's a22 two-acre site. The overlay requires,23 among other things, that buildings be24 only 30 feet wide. 2 Also, no building can be more than 4,0003 square feet in area when it comes to4 commercial rental space. 15 Faced with what Bowman believes16 is an unreasonable application of the17 zoning laws to this property, Bowman has18 two possible avenues of redress. One,19 you can seek judicial remedy or you can20 come to Council and seek a legislative21 remedy. 2 Bill No. 11 Bill No. 15 Found at Tab 2 of your packet16 is Bill No. 110763, which modifies the17 overlay to permit a mixed-use project of18 a certain size of a large development19 site like the Magarity site. 1 the overlay in this fashion. To our2 knowledge, since 1995 there has not been3 a single project constructed in4 conformity with the 4,000 square foot5 requirement and the 30 foot wide6 requirement. 11 The recent exodus of national and12 regional credit tenants and the absence13 of shoppers along the lower and mid-mid14 Hill have really demonstrated a need for15 a significant mixed-use project with a16 serious credit tenant. Bowman has signed17 a lease with the Fresh Market, one of the18 hottest groceries in the country. This19 will be the Fresh Market's first store in20 a northeast city. This is a real coo for21 the City of Philadelphia. It's a real22 coo for Chestnut Hill. 12
Please13 identify yourself for the record and14 bring the microphone closer to you.15 Thank you.16
21 My name is Richard K. Gelber. 2 I hope the Committee will bear3 with me. I will keep my remarks very4 brief. 6 There are a series of very7 important mixed-use planning principles8 and design principles which are brought9 to bear in the project for 820010 Germantown Avenue. 20 This project brings a very21 significant number of residential units,22 17 on the upper stories above the small23 shops at the Avenue, with the entry from24 Hartwell Lane to Germantown Avenue. 4 Certainly true in Center City. 13 The condominiums along the14 Avenue have their entry at the corner of15 Germantown Avenue and Hartwell Lane. The16 small shops along the Avenue have front17 doors entering directly from Germantown18 Avenue. 3 Urban design principles are4 certainly brought to bear. 9 There are a series of bays and10 projections which are created in the11 architecture. 20 Is there density in this21 project? Yes, of course there is. It is22 a dense project. 4 One of the other key5 characteristics of this project which you6 can see again from the site plan overlay7 and from the colored site plan, which8 will be put up momentarily and which is9 included in your packet, is that most, if10 not all, of the parking is shielded from11 direct view from Germantown Avenue from12 Hartwell Lane. The parking for the Fresh13 Grocer Market, for the retail shops,14 which includes 85 parking spaces, is a15 setback of approximately 35 feet from16 Germantown Avenue. Part of that setback17 is planted. two large green areas. Its access is from Hartwell Lane, and it5 is completely separated from any of the6 retail parking. 16 Finally, there are a series of17 additional design elements which support18 this project which try in their19 conception and design to mitigate the20 impact of the project in the surrounding21 area. First, there is very dense22 landscaping proposed in the entire23 project. 1 Hartwell Lane and Shawnee Street. 6 Second, the larger roof areas7 of this project have green stormwater8 retention facilities which are planned to9 be built into them. 19 Third, because of the nature of20 a market use, there are, of course, some21 rooftop pieces of mechanical equipment,22 rooftop exhaust fans above food23 preparation and sales areas of the market24 itself. 17 Thank you for permitting to18 testify. 20
Thank you21 for your testimony.22 Councilman Greenlee.23
Thank24 you, Mr. Chairman.25 128 11/30/11 - RULES - BILL 110275, ETC.1 Good afternoon, everybody.2 First of all, I just want to note for the3 record -- Mr. McClure, you may have said4 this. I was distracted. There certainly5 have been a lot of meetings with the6 community and parts of communities and7 all that.8 MR. McCLURE: There's been a9 tremendous amount of meetings with the10 community. As you know, Chestnut Hill11 and the Chestnut Hill Community12 Association has a very robust schedule13 when it comes to development review. We14 approached them first almost a year ago15 and started meetings in earnest with16 their Development Review Committee and a17 specially formed subcommittee, which18 involves many near neighbors, starting in19 April, then really beginning really heavy20 in the summertime. There's going to be a21 final meeting on the 12th of December22 where the CHCA Board of Directors is23 going to vote. A list of the existing24 meetings and the future community25 129 11/30/11 - RULES - BILL 110275, ETC.1 meetings are on Tab 7.2 Additionally, we have ten days3 ago handed the CHCA subcommittee a4 memorandum of understanding or a5 community development agreement, which we6 are now negotiating with them, which will7 govern the redevelopment of this property8 under this legislation, to the extent9 that Council does pass the requested10 legislation.11 So there has been a tremendous12 amount of outreach. There's going to13 continue to be outreach. Bowman has a14 lot at stake here and not working with15 CHCA is not part of the equation.16
I think17 you'd have problems up there if you18 didn't.19 Just one thing specifically. I20 know we've all heard -- some concerns21 have been raised about this before the22 hearing. The height issue I know we hear23 from some people. Can you address that?24 I mean, I'm assuming -- like I know25 130 11/30/11 - RULES - BILL 110275, ETC.1 you've heard from people that they think2 at least part of this is too high, is3 intimidating, that kind of thing. Can4 you address that a little bit about why5 you felt that that was the concern?6 Because I have to tell you, the design7 generally, it looks good to me, but I'm8 just trying to address that particular9 concern that I heard from people.10 MR. McCLURE: Well, as11 currently shown on the plans, we show a12 six-story scheme, which is 67 feet. I13 will tell you that we've had a lot of14 progress with the negotiating group in15 the last couple of weeks, and we're very16 close to going forward with a five-story17 scheme, and a five-story scheme would be18 55 feet, which is very much -- would be19 in scale with the Chestnut Hill Hotel20 across the street. Again, this is the21 biggest site anywhere on Germantown22 Avenue. It can take it. It's treated23 differently. This is not a 40 foot wide24 side.25 131 11/30/11 - RULES - BILL 110275, ETC.1
No. I2 understand, but I just wanted to address3 that. So there's still a possibility it4 could even come down some a little bit?5 MR. McCLURE: Well, the6 discussion right now, it's coming down7 from six stories to five stories, which8 would be a dramatic reduction.9
Thank you.13 Any other questions for these14 witnesses?15 (No response.)16
Seeing17 none, thank you very much.18 MR. McCLURE: Thank you.19
Jane Poldr,20 John Gibbons, Jennifer Zoga.21 (Witnesses approached witness22 table.)23
Good25 132 11/30/11 - RULES - BILL 110275, ETC.1 afternoon.2
Mr. Chairman,5 honorable members of the Council, thank6 you for giving me this opportunity to7 speak. My name is Jane Piotrowski and I8 am in addition to being a near neighbor9 that our property --10
I'm sorry.11 Hold on. Is the name misspelled here?12 It's P-O-L-D-R?13 UNIDENTIFIED SPEAKER: It's14 misspelled.15
It's just20 five letters. They left off the rest.21 I'm sorry.22
I'd like to23 just leave off the rest.24 Anyway, our property actually25 133 11/30/11 - RULES - BILL 110275, ETC.1 does abut up to the proposed development.2 I am also the President of the Chestnut3 Hill Community Association. I'm here4 today to address the involvement of the5 Chestnut Hill community in the approval6 process for this proposed development.7 I have read and heard and will8 probably hear again today that Bowman9 Properties has somehow subverted,10 avoided, ignored or otherwise11 circumvented the neighborhood and our12 development review process by coming to13 you with this legislation. I'm here to14 tell you that the allegation could not be15 further from the truth. The CHCA first16 saw this project roughly eight months17 ago. Since that time, the developer has18 presented at no less than seven public19 meetings and our various committees, as20 well as over a dozen meetings of the21 special convened negotiating committee.22 This subcommittee consists of three near23 neighbors and members of the Land Use,24 Planning and Zoning; the Design Review25 134 11/30/11 - RULES - BILL 110275, ETC.1 Committee; the Traffic, Transportation2 and Parking Committee; and the Historic3 Advisory Committee. They are working4 countless hours negotiating and working5 with Bowman Properties to be assured of a6 project that will benefit our entire7 community.8 We have four more public9 meetings scheduled between now and your10 Council session scheduled for December11 15th. Neither the CHCA nor Bowman12 Properties is ignoring the concerns of13 this community on the required processes,14 and anyone who claims otherwise is15 clearly uninformed or likely has a16 different agenda.17 While our process has not yet18 been concluded, we are confident that we19 will be able to reach a mutual beneficial20 understanding with the developer.21 I thank you very much for22 letting me --23
Thank you24 for your testimony.25 135 11/30/11 - RULES - BILL 110275, ETC.1 Please identify yourself for2 the record.3
My name is Jennifer4 Zoga. I am a resident of Chestnut Hill.5 I'm here today because I received an6 e-mail on Monday from Glenn Bergman, the7 General Manager of Weavers Way, and it8 told me as a member of Weavers Way, I9 should be alarmed by the building10 proposal of Bowman to create a new11 grocery store in my neighborhood. It12 said as a member of Weavers Way, I should13 join the near neighbors in their fight14 against the proposed market.15 Well, I am not a member of16 Weavers Way, but I am alarmed that Glenn17 Bergman, who does not live in Chestnut18 Hill, is using his authority over19 hundreds of members that are owners of20 Weavers Way to block a business on the21 basis of its threat to his business.22 I am a near neighbor in the23 fact that I live a half a mile away. I24 will walk to this new store and welcome25 136 11/30/11 - RULES - BILL 110275, ETC.1 it, and I often use the streets that will2 be affected by this zoning to drive to3 and from my home.4 I am in favor of this market5 and the proposed development. It will be6 good for our community of neighbors, our7 employment, our tax revenue and our other8 businesses in Chestnut Hill.9 In closing, I would like to10 request, even though it's not my11 authority to do so, that perhaps every12 time that someone comes to testify, you13 may ask them if they live in Chestnut14 Hill, which is zip code 19118, and also15 ask if they are a member, and thus an16 owner, of the competitor, Weavers Way. I17 think then you will find a true audience18 of near neighbors and their true wishes.19 Thank you.20
Thank you.21 Have you ever testified before22 Council before?23
You should25 137 11/30/11 - RULES - BILL 110275, ETC.1 market that model and send it out to2 future witnesses, because it's short,3 concise and you're on your way. Thanks.4
You knocked7 it out of the park on the first time. So8 thank you.9
Thank you.11 Any questions for these12 witnesses?13 (No response.)14
Greg19 Walsh -- I'm sorry. Mr. Gibbons and then20 Mr. Walsh.21 (Witnesses approached witness22 table.)23
Please24 identify yourself for the record.25 138 11/30/11 - RULES - BILL 110275, ETC.1
Good morning. My2 name is John Gibbons. I'm a near3 resident and an urban planner.4 I submitted written testimony5 and some recommendations, some minor6 changes to the bill. So I'm not going to7 elaborate in a great amount of detail.8 Our premise is that ordinances9 and zoning changes that support a10 specific development are fine, as long as11 they're consistent with overall12 neighborhood planning goals, and this is13 in many ways a very positive development,14 but there also is some problems that need15 to be addressed.16 On 110762, the proposed change17 from C-7 to C-2 is excellent. It's18 what's needed to encourage mixed-use19 developments. On the other hand, the20 proposed change on the residential site21 on Shawnee Street from R-5 to R-10B is22 not appropriate. R-5 is a consistent23 zoning catch grade along that section of24 Shawnee Street. R-10B was a catch grade25 139 11/30/11 - RULES - BILL 110275, ETC.1 specifically developed for stacked2 townhouses in Center City, and the only3 reason it's being proposed is because it4 allows a 45 height limit as of right,5 which is really something that should go6 through a variance.7 On 110763, I think the key8 concern there is a 70 foot height limit9 that originally the project was proposed10 as a five-story building. I think a11 five-story building with appropriate12 setback should be fine. And I proposed13 in the recommended changes that that14 height limit gets reduced from 70 feet to15 55 feet, which would permit that16 five-story building.17 I think we recommend a couple18 of other changes that would require a19 zoning variance on some of the20 landscaping adjacent to residential21 properties.22 Thank you.23
Thank you24 very much.25 140 11/30/11 - RULES - BILL 110275, ETC.1 Please identify yourself for2 the record.3
My name is Gregory4 Welsh, W-E-L-S-H, although many like to5 adopt me as Irish and call me Walsh.6
Especially when the9 sun goes down. Thank you.10 I am the past President and11 current Co-President of the Chestnut Hill12 Business Association, and I'm here to13 report that the Chestnut Hill Business14 Association, which was started in the15 1950's, currently has about 130 merchant16 members, another 100 associate members,17 and they would be professionals working18 out of offices, and about 200 supportive19 members, and this organization has voted20 twice in the past year and a half to21 support the Bowman project on the22 Magarity site.23 I'd like to say with due24 respect to my friend, State Rep Dwight25 141 11/30/11 - RULES - BILL 110275, ETC.1 Evans, and the Ogontz Avenue2 Revitalization Corporation, Chestnut Hill3 is the gateway to the northwest. And we4 really look forward to this quality5 project and feel it will be an absolute6 positive to our commercial corridor. And7 I'm here available to answer any8 questions you may have.9
Thank you10 very much for your testimony.11 Any questions?12 (No response.)13
Seeing14 none, thank you.15 Terry Halbert, John Beckman.16 (Witnesses approached witness17 table.)18
Good afternoon,21 Councilman Kenney and the Committee on22 Rules. My name is Terry Halbert and I'd23 like to speak to you on behalf of myself,24 a near neighbor of the project. Our25 142 11/30/11 - RULES - BILL 110275, ETC.1 house abuts this project. It's right2 behind the site and right next to Jane3 you just heard from and the more than4 1,700 people who have signed a petition5 in the last few weeks opposed to these6 ordinances.7 We are not opposed to mixed-use8 development of 8200 Germantown Avenue.9 We oppose the ordinances because we see10 Bowman Properties' plan as11 over-development. And with your12 permission, I just wonder if I could show13 you on this --14
The only15 thing you're going to have to do is16 figure out a way to get the microphone17 with you. Why don't you get it, bring it18 back to your spot so you can -- I don't19 know how far that reaches.20
I just want to24 contextualize this a little bit for now.25 143 11/30/11 - RULES - BILL 110275, ETC.1 This drawing shows the Germantown Avenue,2 which is of course the main commercial3 strip of Chestnut Hill, and that street4 is actually quite a bit busier and wider5 and commercial.6 This is Hartwell Lane. This is7 literally a lane. It's a really narrow8 street. Houses along Hartwell Lane are9 row houses and very small twins, I10 believe. Then on our street, which is11 over here, it's Southampton Avenue. It's12 also a small one-way street. Both of13 these are one-way. The houses on our14 street are small, too. They're small15 singles, very modest singles or twins.16 And then this is the back of this17 stretch, this acreage, Shawnee, which is18 I think officially called a country lane19 in the deeds. And as was explained,20 there's a bird sanctuary on the other21 side of it.22 So what my point here is that23 this is not a sort of affluent space in24 Chestnut Hill. It was described as25 144 11/30/11 - RULES - BILL 110275, ETC.1 semi-industrial here, but actually it's2 largely residential and small in scale3 all around this site.4 So we're very, very concerned5 with the design we see, six stories on6 the Avenue. Even five, which as we've7 understood it brings it down just four8 feet, is still going to tower over the9 structures on the commercial strip of the10 Avenue. They are two or three stories11 high typically.12 It's calling for a 20,00013 square foot supermarket in the middle,14 and then the back of that is going to15 present a 25 foot wall. Although it is16 articulated, it's still a wall right17 across the street from these tiny houses18 on Hartwell Lane. And then in the back,19 there's going to be, again, effectively a20 line of townhouses 50 feet high directly21 abutting this park right across and22 facing this beautiful park.23 So we're concerned about also24 the traffic study that Bowman has done,25 145 11/30/11 - RULES - BILL 110275, ETC.1 which in part explains that we'll have2 4,000 more trips on a typical Saturday to3 this site. So we feel that this design4 is too high, too dense and really5 completely out of scale with Chestnut6 Hill. We really want to see vitality and7 development, but we just think this is a8 mistaken way to go for it.9 Now, I want to talk about10 community concerns, how they've been11 expressed and whether or not they've been12 addressed. We feel that they really have13 not been. We feel that the community is14 bigger than its representation on the15 Community Association, much bigger, and16 that the concerns of the community have17 really not been allowed to be heard,18 because Bowman has said from the very19 beginning what they were going to do, and20 they're doing it now. They said we're21 going to go to City Council and we're22 going to get these ordinances and we're23 going to rezone this plot. So that24 really to me didn't feel like a25 146 11/30/11 - RULES - BILL 110275, ETC.1 negotiating position. We had no choice,2 but we were sort of looking at this as a3 fait accompli.4 We understand how councilmanic5 privilege works, and it was just a sense6 of there being no chance for us to really7 get our needs met, our concerns heard.8 This process through City9 Council has been described to us by10 Bowman as a slam dunk. Now, to the more11 than 1,700 people who have signed our12 petition, this is really pretty13 outrageous. And if it's okay, I'd just14 like to ask those of us that are here in15 the room today that are here to oppose16 this ordinance, if you would stand,17 people who took time out to come.18 (Audience members standing.)19
So we're20 concerned and upset -- you may be seated.21 We're upset because we feel22 like this process, you, is being used to23 do the bidding of the developer without24 real community input. And I say without25 147 11/30/11 - RULES - BILL 110275, ETC.1 real community input because just -- and2 I think my colleague, John, who has been3 on the subcommittee can explain to you4 more what it's like, but I heard one5 example after no progress all summer,6 which felt like a lot of stalling, we7 finally get a suggestion that will bring8 down the height from six to five stories,9 but then we're going to have more condos,10 and it's just -- you just have a feeling11 that there's really -- we're moving the12 chairs around on the Titanic. We're not13 actually making progress.14 At this point, as I understand15 it, there are no setbacks. There are no16 really meaningful height reductions on17 this thing, and also there's no CDA, no18 community development agreement, that's19 been hammered out as yet. It doesn't20 feel good to know that this is sort of21 out of our hands now, it's going to22 happen, without these assurances.23 A couple more things to say.24 The developer has made a lot of25 148 11/30/11 - RULES - BILL 110275, ETC.1 grand assertions, and we have learned2 that we can't trust them. He told us he3 wouldn't go to City Council until the4 community process had run its course.5 Now, as I understand it, it has not.6 We're still waiting. We haven't got the7 agreements or the major issues heard, and8 we are worried about what will happen if9 these ordinances are approved.10 About the petition, I want to11 tell you that we started the petition12 because we thought we would have time,13 and then we heard that, Councilwoman14 Miller, you had gone ahead to introduce15 this bill. So it was just about a month16 ago when that happened, and we put the17 petition online. We also went around on18 foot, even though most of us work, we19 didn't have much time, working on20 Saturdays when we could, Sundays. But21 even with that sort of limited ability to22 garner whatever reaction there might be23 in our community, by Monday night when I24 was writing this statement, I saw that we25 149 11/30/11 - RULES - BILL 110275, ETC.1 had more than a thousand who had signed.2 Now, of that thousand on Monday night,3 405 were from Chestnut Hill zip code4 19118. That was 38 percent. And another5 416 were from the 19119 zip code, which6 is of course Mount Airy. Eighty-eight7 percent of all those that had come in by8 Monday night were from the 8th District.9 So it was a pretty strong outpouring.10 And I'd like to enter into the record11 sometime -- I'll show you this. This is12 just Chestnut Hill. It's a Google map,13 and it shows the 400 or so no's to the14 project. You can see they're sort of15 clustered around the actual site, but16 they're all over the Chestnut Hill zip17 code.18
Can I ask19 you a question just in general about20 that, because as an at-large member --21 and Councilmen Greenlee and Goode are22 also at-large members and Reynolds Brown.23 I'm sorry. I didn't see you come back.24 When we're faced with these25 150 11/30/11 - RULES - BILL 110275, ETC.1 things relative to petitions, what is2 your view as to how far away or how close3 you should be to have a say in a4 particular project? Because, again, of5 the 1,700 signatures, you admit that 4006 or so are from the immediate area, but7 others are from Mount Airy. I'm8 wondering at what geographic location9 where you live does it kind of disqualify10 you from an opinion?11
That's a really12 great question, and we were asking13 ourselves when we drew this up who should14 we let sign, should it just be15 Philadelphia, should it be Wyndmoor.16 First of all, I have to say, as I was17 collecting signatures, I noticed people18 from places outside of Philadelphia who19 wanted to sign we couldn't let, because20 people come to Chestnut Hill to shop, to21 enjoy the real beautiful walkability of22 the Avenue, from everywhere. We were23 talking to people from Trevose, from the24 Northeast, from Center City, from out of25 151 11/30/11 - RULES - BILL 110275, ETC.1 state.2 But if you're talking about who3 should have an actual say here, I really4 think it's not a bad idea to think of the5 8th District as one animal. I think that6 strip is more and more needing to7 understand itself as interactive and8 interdependent.9
And I do10 understand your position and I do take11 your concerns relative to being such a12 near neighbor relative to height and13 light and things of that nature, but when14 I get further away, I start wondering at15 what point should I stop listening to16 that voice relative to a project that17 doesn't necessarily impact them at all.18 I mean, it's a hard -- we deal with it19 all the time.20 And the other question I guess21 is, do you reject the fact that the civic22 association is a legitimate entity that23 was either elected, I guess, and serves24 the community? I mean, if there's a25 152 11/30/11 - RULES - BILL 110275, ETC.1 representative body, how do we discount2 their position?3
Well, maybe I'll4 address that first, because there's a lot5 in my head right now.6 First of all, I do think that7 the Chestnut Hill Community Association8 is full of a lot of wonderful people.9 Jane is my next-door neighbor, and we're10 friends. I think we're still friends.11 But I just feel like what's12 going on here, from my perspective, is,13 I'm eight years in Chestnut Hill. What I14 observe is that Chestnut Hill, in a sense15 it's undergoing some of the changes that16 every community in an urban area is17 undergoing. There's a different kind of18 diversity coming to Chestnut Hill, and I19 think it's possible to say without20 injuring too many feelings that in this21 instance, we have a developer who owns a22 lot of property, who has a lot of23 influence in the Historical Association,24 in the Business Association and also I25 153 11/30/11 - RULES - BILL 110275, ETC.1 would say in the Community Association.2 And so while we saw that, we wanted to3 work with the community association, and4 we are, but we also feel that we need to5 reach out to a bigger context of6 individuals. And there are so many, I7 can tell you, who really care about the8 beauty, the aesthetics and the scale of9 that Avenue in that place of the City.10 It's unique.11
And I12 appreciate your point of view and I just13 wanted to have that colloquy with you14 relative to just the whole concept of15 what neighborhood planning, civic16 association representation, a district, I17 mean, all these things we grapple with18 all the time. So I do appreciate your19 response. Thank you.20
Okay. Well, just21 to continue on -- I'm almost done -- the22 petition signatures really beefed up this23 week. We have now almost 1,800, and we24 do -- I wanted to enter into the record25 154 11/30/11 - RULES - BILL 110275, ETC.1 this other -- we have 44 pages of2 comments that people wrote. So people3 didn't just sign up, but they troubled4 themselves to say something in5 opposition, and these comments are really6 interesting to read. So I'd like to hand7 them over at some point.8
And, last, I just10 want to say the Inquirer published11 something on Monday about this project,12 and there was a statement that went13 unchallenged that I think we would like14 to correct as best we can. The statement15 was that 95 percent of the properties on16 Germantown Avenue owned by Bowman are17 either occupied or under lease to be18 occupied. Now, the developer is well19 known to us, and we've watched what we20 perceive as a buy-and-hold strategy that21 he has made use of for many years. There22 are so many properties in Chestnut Hill23 on the Avenue which he owns which he is,24 for whatever reason, letting be vacant.25 155 11/30/11 - RULES - BILL 110275, ETC.1 So on Monday afternoon, another neighbor2 and I went out and just did a count.3 Now, we were working with publicly4 available data that we've collected about5 what he owns and we were trying to make6 sure we only looked at commercial spots7 on the Avenue in Chestnut Hill. We8 counted 24. We counted 12 vacancies. So9 that's not a 95.4 occupancy rate.10 There's something wrong there. And we11 are concerned about what that might mean12 for the future of this really very major13 project in the middle of our community.14 So in closing, I want to say we15 really don't know if this project is16 going to be a success. We do know,17 though, if it fails, the zoning changes18 that are proposed here today will make19 the property a lot more valuable, and we20 know that the surrounding community will21 bear the brunt of any negative impacts.22 We feel this is a one-sided process and23 it is unfair. We're simply asking for24 more time and a fair process so that we25 156 11/30/11 - RULES - BILL 110275, ETC.1 can reach an agreement that we can all2 support.3 Thank you.4
Thank you5 for your testimony.6 Sir, please identify yourself7 for the record.8
My name is John9 Beckman. Councilman Kenney and Committee10 members, thank you for letting me11 testify. I represent the Land Use12 Planning and Zoning Committee, known as13 LUPZ, of the Chestnut Hill Community14 Association. The LUPZ created a15 subcommittee this summer to negotiate16 with Bowman Properties regarding the17 development proposed at 8200 Germantown18 Avenue. This subcommittee contains19 representatives of all the committees of20 the Community Association as well as21 three elected near neighbor22 representatives, of which I am one. 2 It's the committee's3 responsibility to make recommendations to4 the Community Association regarding this5 proposal, and it's the Board that will6 make the final statement of the7 Association's position. However, we are8 still in the negotiation process. 13 The owner started work on his14 plan about two and a half years ago. On15 July 25th of this year, a little over two16 years later, the subcommittee first met17 with the developer and his team. 19 From the beginning, the20 subcommittee has supported a mixture of21 residential and commercial uses on the22 property. 1 community. The requested rezoning would2 significantly increase the land value for3 the owner. 6 At our very first meeting in7 July, the subcommittee presented a list8 of major concerns regarding the plan and9 particularly the proposed zoning changes,10 because that's really what we're11 addressing here. After four months of12 discussion, these concerns remain. 1 change for homeowners adjacent and across2 the narrow street from the site. 6 Furthermore, the proposed residential7 zoning change also eliminates the8 building setback requirements currently9 enforced along Hartwell Lane. This is a10 narrow one-lane street, mostly two-story11 row houses and some singles across from12 the proposed building, which will be 22513 feet long with a minimum height of 2814 feet. 15 Number two, out of scale mass,16 bulk and height on Shawnee Street due to17 changing R-5 to R10B. 2 A couple key differences3 between the current R-5 zone, which is in4 force in much of that area in the5 proposal. Current zoning minimum lot6 area, 2,250 feet; proposed R-10B, 1,4407 feet. R-5 current minimum open area of8 50 percent; 20 percent in R-10B. Maximum9 building height R-5, 35 feet; 50 feet in10 R-10B. Maximum stories R-5, three; five11 stories in R-10B. There's simply no12 precedent for five-story houses in13 Chestnut Hill. 15 Number three, out of scale16 mass, bulk and height on Germantown17 Avenue. When the owner presented the18 project in July to the subcommittee at19 our first meeting, the building was five20 stories. Now you heard Richard Gelber21 testify today that it's six. It may or22 may not come down. 1 The subcommittee suggested four2 stories as a height that is consistent3 with the surrounding residential and4 commercial area, which consists primarily5 of two- and three-story buildings. 5. This8 district with the Germantown Avenue9 Special District Controls would permit a10 maximum height of 45 feet. So the11 proposed zoning which the developer is12 asking for has to be modified even more13 from C-2 to allow the 70 feet. This gets14 awfully complicated. 17 Number four, minimal or no18 setbacks or buffers. The setbacks in19 existing zoning would disappear under20 this proposal with the change in21 residential zoning, which you've heard22 from the developer's team as well. 4 The proposed plan shows and the proposed5 zoning supports minimal landscaping on6 the project. This is very different from7 street trees. 17 We've requested and the owners agreed to18 address the physical and environmental19 impacts to the development in a community20 development agreement. However, we have21 not reached an agreement on its22 substance. 2 Ultimately, all of us, many3 residents, all of the members of the4 subcommittee share the goal of having5 8200 Germantown be in productive use with6 a mixture of commercial and residential7 uses.
This is a complex changing8 proposal. The committee heard on Monday9 new ideas that are not reflected in the10 zoning. 19 In summary, there's been modest20 progress on some issues. The major21 issues that I outlined remain. 3
Thank you.4 One question. Did you say initially in5 your testimony that you were a member of6 the committee that was --7
The12 subcommittee -- the procedure is, the13 Land Use Planning and Zoning Committee14 established a subcommittee for15 negotiation, which is the typical way of16 operating. That subcommittee is charged17 to make a recommendation, which then goes18 up to the Land Use Planning and Zoning19 development review, and the20 recommendation is made to the Board.21 It's the Board that makes the final22 official position of the Community23 Association.24
But the25 165 11/30/11 - RULES - BILL 110275, ETC.1 President of the -- it's the same civic2 association, correct?3
So the5 President of the civic association6 portrayed to us that the civic7 association is in favor of it. Are you8 saying that there wasn't a vote of the9 subcommittee and Land Use Committee?10
Look, I13 like to take civic associations seriously14 and wanted to hear what they have to say15 in their positions, but do you believe16 that that's the position of the President17 herself or was there a process?18
Yes,25 166 11/30/11 - RULES - BILL 110275, ETC.1 please.2 If there's a process that you3 were going through --4
We still are.10 I'm Jane Piotrowski, the President of the11 Chestnut Hill Community Association. Who12 you just heard from was Greg Welsh from13 the Business Association. We have not14 voted yet. We are still working in15 committee. It has not gotten -- we have16 a special meeting on December 12th.17
I18 misunderstood your testimony. I thought19 you were --20
I'm just24 letting you know that we are still in the25 167 11/30/11 - RULES - BILL 110275, ETC.1 process, the Community Association, when2 others were saying that we weren't.3
All right.4 Okay.5 Any questions for these6 witnesses?7 (No response.)8
Seeing9 none, thank you very much.10 Councilman DiCicco.11 COUNCILMAN DiCICCO: Excuse me.12 I'm sorry.13
Just before14 we get started, I want to make sure --15 we're backing up into another hearing and16 we have about five or six witnesses left17 in this hearing, and we have, as you can18 see, a room starting to fill up for the19 next hearing. So if you're coming up to20 testify, you're certainly welcome.21 Please try to plow new ground, if22 possible, or condense what you have to23 say in your opposition or support.24 Councilman DiCicco.25 168 11/30/11 - RULES - BILL 110275, ETC.1 COUNCILMAN DiCICCO: Thank you,2 Mr. Chairman.3 My question is for Ms. Halbert.4 In your oral testimony, I don't see it in5 your written testimony, you did mention6 something about, and I'm paraphrasing, to7 the effect that there has not yet been a8 finalization of a community benefits9 agreement.10
Community11 development agreement I think is what12 it's called, CDA, which has to do with13 hours of operation and how the --14 COUNCILMAN DiCICCO: I'm sorry.15 I misunderstood. I thought you said16 community benefits agreement. I'm sorry.17 That's it. Thank you.18
Thank you.19 Thank you for your testimony.20 Glenn Bergman, Michael Gonzalez21 and Pamela Rogow, please.22 (Witnesses approached witness23 table.)24
Please25 169 11/30/11 - RULES - BILL 110275, ETC.1 identify yourself for the record.2
Thank you. Glenn3 Bergman from Weavers Way Co-Op. I live4 in Mount Airy.5 My name is Glenn Bergman. I am6 the General Manager of Weavers Way Co-Op,7 a not-for-profit, community-owned8 cooperative market with two stores in9 Philadelphia, both in Mount Airy and10 Philadelphia, with over 130 employees,11 five acres of urban farms at Saul School12 and Awbury Arboretum, producing over13 $140,000 a year of locally grown produce14 and a non-profit arm that conducts15 education nutrition programs both in16 schools and on our farms. We follow a17 "triple bottom line" business philosophy,18 meaning we are concerned about our19 community, our people and also running a20 sustainable business.21 We have a mission to carry22 local product. We also use local23 products for services like banking,24 insurance, architects, legal support in25 170 11/30/11 - RULES - BILL 110275, ETC.1 our store.2 Since Weavers Way owners are3 our 5,000-member households representing4 over 10,000 community members, we are5 owned and operated by and invested in6 this community 100 percent, so that with7 the multiplier effect of every dollar8 spent in our store is worth many more9 dollars in our local community.10 Our full-time employees earn a11 livable wage starting at $10 an hour.12 They are offered health and dental13 insurance and employer-matched 401(k)14 program, sick pay and other benefits.15 I would like -- I ask that you16 reject this bill now pending before you17 for several reasons. The request by18 Bowman Properties to have a zoning change19 is not needed because a redesign project20 could be built without such a change.21 The proposed change will create bad22 precedent, and the proposed project23 beyond the zoning changes will damage the24 local economy and neighborhood of25 171 11/30/11 - RULES - BILL 110275, ETC.1 Chestnut Hill based on both the fact that2 the 90 or 100 jobs that they have3 proposed be closer scrutinized by City4 Council.5 If the proposed market achieves6 the level of sales necessary to be7 profitable, it would divert substantial8 revenue from other employers in the area9 and, therefore, also cut jobs.10 I provided full testimony. Let11 me just also just say that one point12 about this is that there are already, as13 mentioned prior to my testimony -- that I14 asked City Council to look at the number15 of vacancies that are on the Avenue16 presently owned by the same property17 owner and ask the question, why build18 another 30,000 square feet of retail19 stores when already the stores that are20 there are vacant?21 I thank you for your time and22 I'm happy to answer any questions.23
Thank you24 for your testimony.25 172 11/30/11 - RULES - BILL 110275, ETC.1 Please identify yourself for2 the record, whoever is next. Please pull3 that microphone close to you.4
My name is Pamela5 Rogow. I live in Chestnut Hill. I own6 property in Chestnut Hill that is part of7 the cultural mix of the area, the entire8 area. People come to us, Moving Arts9 Studio and the Green on Green Building,10 from Chestnut Hill and vice versa. I11 also lived on Springfield Avenue for12 several years in Chestnut Hill, walking13 distance to Germantown Avenue. My bank14 is in Chestnut Hill. Every time I go to15 Chestnut Hill, I see my neighbors. I16 feel that we're a very integrated17 community, in response to what came up18 earlier.19 Historically, I am essentially20 a producer of cultural projects around21 the country and occasionally overseas,22 and I've also been a travel editor. I23 recall that the New York Times gave a24 whole page to Chestnut Hill as a25 173 11/30/11 - RULES - BILL 110275, ETC.1 destination. I cannot imagine that2 having a very large grocery store in the3 middle of Chestnut Hill will add to its4 appeal for people to come and shop and5 visit and make it a destination for the6 City. Quite the contrary. The intimacy7 and the scale of the intimacy is very,8 very important to its success.9 Sitting at the top of the Hill10 right now is Borders Bookstore store11 empty for years now. It is the largest12 emptiest testament to the fact that this13 community cannot absorb this kind of14 multi-use facility.15 There's a book called The16 Poetics of Space, which is one of my most17 favorite books of all time, and it talks18 about how important it is that the19 space -- what the space conveys in making20 meaning in people's experience. This21 space here says majesty. It says22 authority. It says scale. It says23 decisions are going to happen.24 This scale here says something25 174 11/30/11 - RULES - BILL 110275, ETC.1 very, very different, and it's going to2 say to the people who go by, this doesn't3 belong to you anymore.4 That's my comment. Thank you.5
Thank you6 for your testimony.7 Please identify yourself for8 the record.9
Good afternoon,10 Councilman Kenney and Committee members.11 It is a privilege and honor to give you12 30 seconds. My name is Michael Gonzalez13 and I live on Southampton Avenue, which14 is right next to the proposed15 development, and I can just say this,16 that by and large, most, if not everyone17 in Chestnut Hill, particularly those that18 are on the unit blocks and closest to19 Germantown Avenue, look forward to this20 property being developed and developed as21 a mixed-use property. The issue, as I22 see it and as many of us see it, is the23 process by which the zoning gets done.24 Right now the local community association25 175 11/30/11 - RULES - BILL 110275, ETC.1 and their subcommittees are negotiating2 with Bowman Properties, and we have this3 bill which gives Bowman Properties4 everything they want and basically5 eviscerates the negotiation process.6 This is a negotiation process7 in good faith, where near neighbors have8 elected their own members to sit on the9 Community Association committee with10 professionals and people that are not11 arguing with the owner on what kind of12 business he can put there. This is not13 about whether you should have a grocery14 store there or not. This is about the15 actual issues that concern us as the16 nearest neighbors of the property. And17 they're working to make a zoning formula18 that will work for the mixed use, for the19 grocery store and for the developer and20 for the nearest neighbors who are the21 closest stakeholders.22 I want to ask that the Council23 consider putting off the voting of these24 bills so that it is not hanging over the25 176 11/30/11 - RULES - BILL 110275, ETC.1 heads of the negotiations, so that the2 dedicated near neighbors and the robust3 and well-established Community4 Association can sit at the table and work5 in good faith with the developer to work6 it out. I think it would get worked out,7 and I think that what City Council would8 have is a zoning bill before it that came9 cleanly and with community support, and I10 think that that makes sense. It makes11 sense to not have to push negotiations12 with this hanging over their heads over13 the next couple weeks, and I ask that you14 consider tabling it or rescheduling it15 sometime into the next year.16
Thank you19 very much. My question is really for20 Mr. Bergman. And let me preface it by21 saying my wife shops at the Weavers Way22 of Mount Airy. She's there every23 weekend. But I have to say -- and I24 understand near neighbors certainly have25 177 11/30/11 - RULES - BILL 110275, ETC.1 their opinion on what's good there and2 what should be there. I guess I have a3 little trouble with opposition based on4 competition, you know. I mean, with all5 due respect -- and I think Weavers Way6 does a good job, but, I mean, isn't that7 sort of the American way?8
Well, I should9 have finished by saying and my testimony10 is that we would prefer that this would11 go through the City -- through the12 Chestnut Hill Community Association13 review and let the community work it out14 with the developer. I would hold that --15 and if they can work that out, then we16 are fine with it. But the reason we got17 involved -- in the last two paragraphs of18 my testimony, the reason we got involved19 was when it was submitted here to City20 Council.21
Okay.22 But it sounded like your statement was23 against it because you're saying it would24 hurt your business, which --25 178 11/30/11 - RULES - BILL 110275, ETC.1
Well, I was just2 letting the Council know how we operate3 and that the businesses coming here or4 the business that they picked to rent to5 we know does not follow a living wage6 philosophy, doesn't have a mission to buy7 local, and I wanted the City8 Councilmembers to know that the9 multiplier effect of buying local, we all10 know what that does for our local11 economy, and just that you should be12 aware of that.13
I14 understand. That's obviously up to the15 customer to decide.16
I have no problem17 with them coming. I have a problem with18 the process that's underway correctly.19
That's a20 little different than what you said, but21 okay. Thank you.22
Thank you,25 179 11/30/11 - RULES - BILL 110275, ETC.1 Mr. Chairman. I'll be brief.2 I just wanted to clarify3 something for the record about the4 legislative process. It is very5 different at the end of a term than it is6 normally. City Council, in and of7 itself, cannot enact legislation. We can8 approve it in committee. We can then9 approve it on final passage. After that,10 there are few ways that it can become law11 under normal circumstances. The Mayor12 can sign it. The Mayor can send it back13 without his signature and it becomes law14 within ten days or two weeks, and the15 Mayor can veto and that veto can be16 overridden.17 At the end of the term, that is18 not the process. The point we're in the19 process right now, there's only one way20 that this bill becomes law. That's if21 the Mayor signs it, because it's the end22 of a term. If the Mayor does not sign23 the bill or if the Mayor takes as long as24 he wants to sign the bill, that controls25 180 11/30/11 - RULES - BILL 110275, ETC.1 what happens in terms of community2 process.3 We need to move through our4 legislative process one way or the other.5 But this bill does not become law without6 the Mayor signing it, and the timing7 factor is related to when the Mayor signs8 it, if he signs it.9 Thank you, Mr. Chair.10
Thank you11 very much.12 Thank you for your testimony.13 Elizabeth Bales, Melanie14 Brundle and Dan McElhatton, please.15 That is the end of our list.16 Is there anyone else here to testify on17 this bill?18 (No response.)19
Thank you.20 (Witnesses approached witness21 table.)22
Hello. I'm25 181 11/30/11 - RULES - BILL 110275, ETC.1 Melanie Brundle and I have lived in2 Chestnut Hill for three years. I live3 one mile from the development.4 Please excuse my nerves.5 I'm here today to say that I6 want to be sure that the voice of the7 Chestnut Hill community doesn't get lost8 in all of the noise that is being9 generated by the Weavers Way Co-Op. I10 shop at Weavers Way regularly, and most11 of the communications that I have seen12 from them have been against this project13 and encouraging me to take action against14 it. And, in fact, on their Facebook15 site, I was encouraged today to come16 along and stand up and make my voice17 heard. I did come along and stand up,18 but maybe not in the way that they had19 hoped.20 I am very excited by this21 project. I love my neighborhood. I22 chose my neighborhood specifically for23 what it offers. I believe that this will24 bring vitality to an area that is frankly25 182 11/30/11 - RULES - BILL 110275, ETC.1 quite ugly and neglected at the moment.2 And the site looks stunning.3 I also believe that competition4 in this high street will be great for me,5 the shopper, and other shoppers, because6 it will increase the quality and the7 reduce the price of the groceries that8 are offered to us.9 The last thing I want to say is10 I'm a little concerned about people who11 offer up the opinion of the majority. I12 haven't been canvassed for my opinion.13 Most of my neighbors haven't been14 canvassed for their opinions, and we all15 believe that this is a good thing for16 Chestnut Hill.17 Thank you very much.18
Thank you19 for your testimony.20 Mr. McElhatton, please.21 MR. McELHATTON: Good22 afternoon, Mr. Chair, members of the23 Rules Committee. My name is Daniel24 McElhatton from the law firm of25 183 11/30/11 - RULES - BILL 110275, ETC.1 McElhatton Lynch and I appear today here2 as counsel for a number of the near3 neighbors.4 Most of those neighbors who5 have testified have articulated much6 better than I could their concerns about7 the density and bulk. What I would like8 to do is add something new, and, that is,9 some context.10 Mr. McClure in his exhibit book11 referred you to Tab 5, and I would submit12 that you should look at Tab 5, and it has13 the letter from Mr. Fink, the Deputy14 Commissioner, in which the Deputy15 Commissioner lays out what is, in effect,16 a hardship for this property. No dispute17 as to that. But what Mr. McClure did not18 mention is the final admonition by19 Michael Fink, and, that is, that if you20 wish to obtain a formal permit refusal21 for appeal to the Zoning Board of22 Adjustment, please let me know. And that23 is dated November 16th, 2011.24 The essence of the complaints25 184 11/30/11 - RULES - BILL 110275, ETC.1 for the process by the community folks2 have been as exactly as Mr. McClure said,3 they made a choice, "they" being the4 development team. The choice was to not5 seek a variance and not seek review by6 the Zoning Board of Adjustment with all7 of the restrictions that the Zoning Board8 could put in and the requirement that the9 Zoning Board look at the minimum10 variance. If this property cannot be11 used for anything else, then it can be12 used for some mixed use, the Zoning Board13 would permit that.14 This developer purchased this15 site with full knowledge of these16 restrictions, and by making the choice to17 go legislatively and not through the18 Zoning Board, they have disregarded the19 ability of the community to give20 significant input on those things that21 the Zoning Board would take into22 consideration and the considerations that23 the courts would look at on an appeal as24 to whether or not it is too dense, it is25 185 11/30/11 - RULES - BILL 110275, ETC.1 too high, whether it should be 50 feet or2 35 feet. Those are the things that I3 think most affect the community and their4 concerns about the process.5 I also happen to believe,6 Mr. Chair, that this is spot zoning.7 This is picking out one particular parcel8 for the benefit of one party, Bowman9 Properties, to the exclusion of the10 community. And it targets this property11 in both pieces of legislation, changing12 the two pieces of the Zoning Code to what13 fits this developer's proposal and also14 changing the overlay to match exactly15 what is needed on that parcel for this16 developer. If that isn't spot zoning,17 nothing is.18 I heard the earlier19 conversation between you and other20 Council. There is permissible spot21 zoning and there is impermissible. This22 is impermissible.23 Thank you, Mr. Chair.24 (Applause.)25 186 11/30/11 - RULES - BILL 110275, ETC.1
Thank you2 very much.3 Are there any questions for4 these witnesses?5 (No response.)6
Seeing7 none, thank you very much for your8 testimony.9 MR. McELHATTON: Thank you.10
That will11 conclude our witness list for this bill12 and it will also conclude the public13 hearing of the Committee on Rules. We14 now will convene a public meeting to vote15 on various pieces of legislation.16 The Chair recognizes17 Councilmember DiCicco for a motion to18 approve the amendment to Bill No. 110275.19 Excuse me. I know there's20 going to be a lot of physical movement in21 here and I know that comes with noise.22 So if you could just try to keep it as23 slow as possible.24 Councilman DiCicco.25 187 11/30/11 - RULES - BILL 110275, ETC.1 COUNCILMAN DiCICCO: Thank you,2 Mr. Chairman. I move for the adoption of3 the amendment to Bill No. 110275.4 (Duly seconded.)5
It's been6 moved and seconded.7 All in favor?8 (Aye.)9
There are10 none opposed. The amendment is adopted.11 The Chair recognizes12 Councilmember DiCicco on the amended13 bill.14 COUNCILMAN DiCICCO: Thank you,15 Mr. Chairman. I move that Bill No.16 110275, as amended, be reported out of17 this Committee with a favorable18 recommendation and that the rules of19 Council be suspended so as to permit20 first reading at our next session of City21 Council.22 (Duly seconded.)23
Moved and24 seconded.25 188 11/30/11 - RULES - BILL 110275, ETC.1 All in favor?2 (Aye.)3
There are4 none opposed. Bill No. 110275 reported5 out of this Committee, as amended, with a6 favorable recommendation and a request7 made for rules suspension to allow for8 first reading at our next Council9 session.10 The Chair recognizes11 Councilmember Greenlee for a motion on12 Bill No. 110681.13
Thank14 you, Mr. Chairman. I move that Bill No.15 110681 be reported out of this Committee16 with a favorable recommendation, that the17 rules of Council be suspended to allow18 for first reading at our next session of19 Council.20
Right now21 there's a motion on the floor to approve22 Bill No. 110681 with a suspension.23 (Duly seconded.)24
Moved and25 189 11/30/11 - RULES - BILL 110275, ETC.1 seconded.2 All in favor?3 (Aye.)4
There are5 none opposed. Bill No. 110681 reported6 out of this Committee favorably and a7 request made for rules suspension to8 allow first reading at our next Council9 session.10 The Chair recognizes11 Councilmember Miller on a motion for Bill12 No. 110762.13
Thank14 you, Mr. Chair. I move that Bill No.15 110762 be reported out of this Committee16 with a favorable recommendation.17 (Duly seconded.)18
There's23 none opposed. Bill No. 110762 reported24 out of this Committee favorably, without25 190 11/30/11 - RULES - BILL 110275, ETC.1 a rules suspension.2 The Chair recognizes3 Councilmember Miller on Bill No. 110763.4
Thank5 you, Mr. Chair. I move that Bill No.6 110763 be reported out of this Committee7 with a favorable recommendation.8 (Duly seconded.)9
There are14 none opposed. Bill No. 110763 reported15 out of this Committee favorably. There16 will be no request for rules suspension.17 The Chair recognizes18 Councilmember Goode on a motion to amend19 Bill No. 110768.20
Thank you,21 Mr. Chairman. The economic opportunity22 plan has been submitted for the Temple23 project. I move that it be adopted as an24 amendment to Bill No. 110768.25 191 11/30/11 - RULES - BILL 110275, ETC.1 (Duly seconded.)2
The bill7 will be amended accordingly with the EOP8 plan.9 The Chair recognizes10 Councilmember Clarke for a motion on the11 amended bill. Councilman Clarke, would12 you rather defer to Councilman Goode?13
Thank you,14 Mr. Chair. I move for a motion on Bill15 No. 110768, as amended, be reported out16 of Committee with a favorable17 recommendation, with rules suspension as18 to allow reading at the next session of19 Council.20 (Duly seconded.)21
Moved and22 seconded.23 All in favor?24 (Aye.)25 192 11/30/11 - RULES - BILL 110275, ETC.1
There are2 none opposed. Bill No. 110768, as3 amended, reported out of this Committee4 favorably and a request made for rules5 suspension to allow first reading at our6 next Council session.7 The Chair recognizes8 Councilmember Greenlee for a motion on9 Bill No. 110781.10
Thank11 you, Mr. Chairman. I move that Bill No.12 110781 be reported out of this Committee13 with a favorable recommendation and that14 the rules of Council be suspended to15 allow for first reading at our next16 session of Council.17 (Duly seconded.)18
There are23 none opposed. Bill No. 110781 will24 report out of this Committee favorably25 193 11/30/11 - RULES - BILL 110275, ETC.1 and a request made for rules suspension2 to allow first reading at our next3 Council session.4 The Chair recognizes5 Councilmember Clarke on a motion for Bill6 No. 110 -- the Chair recognizes7 Councilmember Miller for a motion to8 amend Bill No. 110761.9
Thank10 you, Mr. Chair. I move that the11 amendment for Bill No. 110761 be12 approved.13 (Duly seconded.)14
There are19 none opposed. Bill No. 110761 will be20 amended accordingly.21 The Chair recognizes22 Councilmember Miller on the amended bill.23
Thank24 you, Mr. Chair. I move that Bill No.25 194 11/30/11 - RULES - BILL 110275, ETC.1 110761 be approved, as amended. No rules2 suspension.3 (Duly seconded.)4
There are9 none opposed. Bill No. 110761, as10 amended, will report out of this11 Committee favorably, without a rules12 suspension.13 Bill No. 110826 will be held14 until 10 o'clock December 6th at a15 currently scheduled Rules Committee16 hearing.17 Thank you for your attendance.18 (Committee on Rules concluded19 at 1:10 p.m.)20 - - -21 195 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 30, 2011, and7 that this is a true and correct transcript of8 same.9 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24