Committee Hearing, May 26, 2004

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON RULES - - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, May 26, 2004 10:14 a.m. - - - - BILL 040156 - Amending Title of The Philadelphia Code... 10 BILL 040336 - Amending Section 14-305 of The Philadelphia Code... 11 BILL 040369 - Amending Chapter 14-1600 of The Philadelphia Code... 12 RESOLUTION 040388 - Resolution amending Resolution No. 040001 concerning the Rules 13 for the government of the City Council ... 14 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILMAN DARRELL CLARKE, Vice Chair COUNCILMAN DAVID COHEN COUNCILMAN FRANK DICICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILMAN RICHARD MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN - - - - 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 I N D E X BILL 040156 PAGE THOMAS CHAPMAN, Planning Commission.. BRIAN ABERNATHY, Legislative Asst.... 15 BOB SOLVIBILE, Commissioner, L&I..... 45 BETH MILLER, Community Design Collaborative of AIA Philadelphia.... 57 DAVID O'DONNELL, Queen Village Neighbors Association............ 60 PETER PIVEN, Queen Village........... 64 ALAN KRIEGMAN........................ 67 RICHARD WOLK, Queen Village.......... 71 KATE CHOMENTOWSKI, Fishtown Neighborhood Association...................... 75 BILL 040336 THOMAS CHAPMAN, Planning Commission... 86 DONALD DAVID ALLEN, Rittenhouse Row... 92 CORY CUTLER, Rittenhouse Row.......... 96 MS. DAVIS............................. 97 ALAN RUBIN, Spring Garden Civic Assoc. 99 ARLENE FIELDS, 43rd Ward............. 102 RODMELL GRIFFIN, Hunting Park........ 111 UNA VEE BRUCE, Francisville CDC...... 115 BOB SOLVIBILE, Commissioner, L&I..... 123 DAVID PERRI, L&I..................... 125 BILL 040369 THOMAS CHAPMAN, Planning Commission.. 141 WILLIAM COSMAN, Queen Village........ 144 3 05/26/04 - RULES - BILL 040156

Good morning, everyone. This is the public hearing of the Committee on Rules. I would first like to announce that Resolution No. 040388 is being held at the request of the sponsor. And also, Bill No. 8 040327 has been rescheduled for June 9th. At this time, I would ask Mr. McPherson to please read the title of Bill No. 11 040156.

An ordinance 13 amending Title of The Philadelphia Code 14 entitled, "Zoning and Planning," by adding a new chapter providing for the creation of Neighborhood Conservation Districts, providing for the adoption of design guidelines for properties within such districts, and requiring certificates of compliance to alter the exterior of a building within such a district or to demolish or construct a building within such a district so as to ensure compliance with the design guidelines, all under certain terms and conditions.

Good 4 05/26/04 - RULES - BILL 040156 morning, Mr. Chapman. Please identify yourself for the record and proceed with your testimony.

Good morning, Madam President and Members of the Rules Committee. My name is Thomas Chapman. I'm the Director of the Development Planning Division for the City Planning Commission. I'm here today to testify on Bill No. 040156. Councilman DiCicco introduced this bill on February 26th of this year. This bill 13 amends Title of The Philadelphia Code 14 entitled, "Zoning and Planning" by adding a new chapter providing for the creation of Neighborhood Conservation Districts. The proposed districts could control such things as facade alterations and the designing of new buildings.

I'm sorry. I'm having difficulty understanding you. I don't know whether you're too close to the mike or too far from it. Let's try again.

The proposed districts could control such items as facade alterations 5 05/26/04 - RULES - BILL 040156 and the design of new buildings within the area designated by the district. The Neighborhood Conservation Districts could be used in areas where the establishment of a historic district would not be possible. A Neighborhood Conservation District would be created by ordinance. A district is required to be at least two blocks by two blocks. At least 70 percent of the NCD area must be residentially used and zoned residentially. No more than percent of the 13 NCD area can be vacant lots or buildings. 14 To initiate the process, a petition 15 containing the signatures of at least 20 16 percent of all property owners and 20 percent 17 of all owners of owner-occupied housing units 18 within the area must be filed with the 19 Planning Commission. The Planning Commission 20 is then given six months to propose design guidelines, working along with the community and district Councilperson. Notice of a proposed NCD must be sent to all owners within the NCD and the usual hearing before the Planning Commission and City Council's Rules 6 05/26/04 - RULES - BILL 040156 Committee is required. Notice to all property owners of the creation of an NCD is also required once it's approved by City Council. After considerable consideration, the Planning Commission at its meeting of May 18th, 2004 recommended that Bill No. 040156 not be approved. While members of the Commission were mindful of the good intentions of this legislation, there were a number of concerns. The primary concern was that this bill would create yet another layer of approvals and barriers to residential development in the City. This is contrary to the goal of the Planning Commission to make appropriate residential development in all areas of the City easier. Additionally, the guidelines that are to be created could be written in such a manner as to overrule the provisions of the Zoning Code. Lastly, this bill gives the Planning Commission staff additional responsibilities, and at this point in time it's difficult for 7 05/26/04 - RULES - BILL 040156 us to determine the amount of additional work that would be associated with this legislation. That concludes my testimony. I'd be happy to answer any questions of the Committee.

The Chair recognizes Councilman Clarke.

Thank you, Madam President. Good morning. I actually do have a couple of questions, and I'm not sure if the Planning Commission is prepared to respond to them because you have indicated that the Planning Commission does not support this particular piece of legislation. Councilman, do you have a person other than yourself who can respond to a couple of questions?

You can try me. If I can't answer it, then I'll look to somebody else.

I almost feel uncomfortable about questioning you. 8 05/26/04 - RULES - BILL 040156

I have no 3 problem with that.

Actually, one of the issues I wanted to ask was on Page 4B. It indicates that percent of the property 7 owners, I'm assuming, would initiate the 8 process of getting the Planning Commission 9 involved. I was wondering why that number is 10 so low. 11

If I can, 12 Councilman. Some of the details that are in 13 this legislation were not directly advised by 14 me or written by me. These are a result of 15 about three years' worth of work, at least 16 three years that I can recall, with various 17 entities; the Historical Commission, the 18 Planning Commission, Preservation Alliance, 19 some neighborhood groups. So a lot of the 20 language in here and the details as to the 20 percent are the result of all of those entities working on this legislation to come up with something that they felt was a reasonable way in which we could get to the point where we want to, and that is to 9 05/26/04 - RULES - BILL 040156 preserve the integrity of many of the neighborhoods throughout the City of Philadelphia. I can give you just an overview of what caused me to do this a number of years ago. In Philadelphia, we always have taken pride in the fact that we are a City of neighborhoods. And in many of those neighborhoods, there are certain physical characteristics of buildings and structures in those neighborhoods that make them rather unique. The one thing that probably really caused me to do this was -- and I'll use South Philadelphia as an example, in Council President Verna's district on the 1800 block of South Broad Street. Broad Street for the most part has many properties that are brownstones, beautiful brownstone buildings. And some 20, years ago a developer came along and bought 22 a row of four houses on the west side of Broad 23 on the 1800 block and converted them into 24 multi-family dwellings. But I guess in order 25 for him or her to eliminate the maintenance 10 05/26/04 - RULES - BILL 040156 problem that goes with maintaining a brownstone building, they literally took the entire facade of all those three or four buildings that are contiguous, put textured 111 Wood on the building and made this mansard -- it's called a mansard -- and painted the rest of the building to match the wood, like a greenish color. It just totally destroyed, I think, the beauty of that block and the integrity and what people came to know as what it is to be on Broad Street and that kind of thing. So I looked at that and I looked at other areas in my district and other districts where I saw where people would take a rowhouse, and say we had brick facades or a certain type of a porch look, and they would alter it to a degree that it just completely changed the appearance of that block. Now, I guess someone can say, well, as an individual property owner, I have to right to do what I want with that. But I think there's something that we have to be, as Councilpeople and legislators, aware of that we want to maintain 11 05/26/04 - RULES - BILL 040156 a certain look, a feel about a community, because that's what makes it important. That's why people move to Society Hill. People move to Spruce Hill. People move to Chestnut Hill and another neighborhoods because of some of the characteristics that are appealing to them, in addition to other things that may be important; schools, rec centers, et cetera. I know it's a long answer to that one question, but I think I wanted to put this in the context that you understand that the details are not specific to what I wanted. I just was looking for some legislation that would protect the integrity of certain communities throughout the City so that speculators, individual property owners, or developers for that matter, would not come along and just kind of tear out and remove something that we all were familiar with. It makes this City so unique and our neighborhoods so unique.

Actually, I agree with you to a large extent about 12 05/26/04 - RULES - BILL 040156 altering the characteristics of a community, particularly one that has some historical designation.

Councilman, if I can, just let me finish up. This isn't that unusual to what we do on an individual basis if an application comes before the Zoning Board where an individual wants to do something different with the property. It requires them to have to go to the Board. Sometimes the Board or the community group or the elected official will say, we would agree to this application, but for we want certain provisos. Some of those provisos could be the detail of the material that's used on the front of the building. This would broaden that to make it a more comprehensive legislation that would cover a larger area. And if community groups, with the approval of the district Councilperson, agree to establish these districts, you get it done. This doesn't say it's going to have to be done. There is a process. 13 05/26/04 - RULES - BILL 040156 I appreciate what the Planning Commission is saying, and I do have a lot of respect for Mr. Chapman. I don't have a copy of his testimony in front of me, but if I recall correctly, he says that this could interfere -- I'm paraphrasing -- interfere with the Planning Commission's wanting to encourage people to develop in the City. But the Planning Commission's role normally is to look at development and decide and make decisions and recommendations on how that development should take place. So to me it's kind of contradictory when on one hand you're saying, we don't think the Planning Commission wants to be in a position to discourage development, but they're always in the loop. When we go to Zoning on an individual case or multiple applications, the Planning Commission has a recommendation. And when there's large development that occurs, the Planning Commission is there from day one talking about the appearance of the building, the aesthetics of the building, the materials. So that I'm a 14 05/26/04 - RULES - BILL 040156 little bit confused about.

This is why I hate questioning Council colleagues because I can't cut them off.

I was going to give you an opening statement, so I took that opportunity. But thank you anyway.

Councilman, getting back to my question per se, the reason I ask that is one of my primary concerns about some of the Neighborhood Improvement Districts as currently configured as a result of state law is that under that particular statute, the requirement is for 51 percent or more of the people to come out and stop the creation of a Neighborhood Improvement District, which I've always had a problem with because I think the majority of the people should have to get support legislation to get it changed and not come out and stop a change. This 20 percent is extremely low, and I'm concerned that that number of individuals could trigger a particular process.

My legislative 15 05/26/04 - RULES - BILL 040156 assistant, Brian Abernathy I think might be able to -- just pull up. It's your first time. Don't worry about it. You'll be fine. I Think as we go along we have testimony from Mr. John Gallery from the Preservation Alliance, and he addresses some of those issues, maybe not as direct as you asked it, but he talks about other cities that have initiated these districts throughout Pennsylvania, throughout the country, as an example. They feel that all of these things will stand up to any legal challenge, that they believe that anything we have in this bill will withstand any legal challenges. Mr. Abernathy, please identify yourself for the record, sir.

Brian Abernathy, Legislative Assistant to Councilman DiCicco. The 20 percent is to initiate the process to begin planning a Neighborhood Conservation District. There's still a requirement for 51 percent -- or the ability of 51 percent of residents to vote against the 16 05/26/04 - RULES - BILL 040156 final thing.

Which still is 51 percent?

Yes.

I understand that. But I'm wondering why percent could 8 initiate the process. Too often, particularly 9 when triggered, when you have the 51 percent 10 requirement to oppose a particular creation of 11 a district, then you have a number as low as 12 20 percent to initiate it, I think that's 13 actually creating an additional burden on the 14 people that don't necessarily support it. Too 15 often once these things get out of the train 16 barn and it gets moving, it builds steam and 17 momentum. That just really concerns me with 18 that low number. 19 The other thing I wanted to ask in 20 response to some degree of what Councilman DiCicco was indicating as it relates to the process, understanding the facade issue -- because I agree with you. I've seen too many instances throughout the City and in my district because I represent some areas that 17 05/26/04 - RULES - BILL 040156 have a substantial amount of character. In this zoning process, I know right now there's a number of requirements as it relates to getting a variance. Am I assuming that -- I guess I'm asking Mr. Chapman -- that there are no 8 requirements for any changing in the facades of properties?

Councilman, facade issues normally don't go before the Zoning Board of Adjustment. However, as Councilman DiCicco noted, when an application is before the Board for other reasons, for example if the building is taller than what would be permitted in a district or if there's a duplex proposed for a property that's zoned for single families, the Zoning Board of Adjustment will often get into issues like what the facade looks like. But purely for facade purposes, those issues don't go to the Board.

Why wouldn't we entertain having a facade requirement in the current zoning classifications, as opposed to 18 05/26/04 - RULES - BILL 040156 creating a district? I'm not saying I'm opposed to creating a district. But when you're talking about expansions and other things where you have to alter the characteristics of a property, you are required to go to Zoning. And I have to think that changing the facade of a property is actually changing the characteristics of a zoning. It may not change the property line, It may not change the configuration, but aesthetically it is changing considerably the characteristics of that property. Is there a reason why we wouldn't have that in the zoning classification as an oversight?

No. I wouldn't say it's an oversight. There are some cases that have been determined by the state courts that disallow zoning purely for aesthetic purposes. Now, whether a district that would contain requirements in addition to facade requirements is zoning for purely for aesthetic purposes, I couldn't answer that question. That's a question that the courts would have to answer. 19 05/26/04 - RULES - BILL 040156

I'm not necessarily asking about the district. I'm asking about the existing Zoning Code and what would be the problem in having, as a part of that requirement, a facade classification in terms of any alteration of facades. I think you said something about state cases, and I didn't know if you meant there was a challenge to any municipality attempt to have a classification in zoning that deals specifically with facades. Is that what you were saying?

I can't answer that directly. All I can answer is that there have been a number of cases decided by the state courts that have found Zoning Code provisions invalid that have been found to have been purely for aesthetic purposes. I can't answer anything specifically about facades.

So there is currently no -- that you know of -- pending case or prior case that dealt specifically with a municipality's attempt to have as a part of the zoning classification, facades 20 05/26/04 - RULES - BILL 040156 included?

Not that I'm familiar with personally, correct.

Councilman, which leads us to the reason for creating the district because it does gives you that oversight that's lacking now in terms of facade.

I'm just wondering why we don't have that in the current classification City-wide, why we wouldn't.

Councilman, it could be simply that we have a significant part of the City zoned either R-9, R-9A, R-10 and R-10A. But the housing types vary. There's a wide variation in what those buildings look like from one neighborhood to another. The area that I grew up in, most of the homes were brick. But not too far away from where I lived there were a lot of homes that had stucco and then there were some homes that had stucco and brick, or siding and brick. And I guess the problem would be that 21 05/26/04 - RULES - BILL 040156 to kind of put that in each zoning classification, what is good for one neighborhood would not necessarily be good for another. It would not necessarily be appropriate for another too.

Thank you, Madam President.

Thank you. Mr. Chapman, the bill provides that the approval of the Planning Commission and the Historical Commission is presumed unless their recommendations are received within 30 days after the introduction of an ordinance. Is that true?

That's correct.

Considering that these commissions generally only meet once a month, would it not make more sense to require their action or inaction within a longer period of time?

Yes, Council President. It would work better for us if that period were, say, 45 days. That would probably cover it. 22 05/26/04 - RULES - BILL 040156

Also, I believe the bill authorizes the Planning Commission to establish a fee that must be paid upon filing an application for a Certificate of Compliance. Isn't the establishment of the fees a prerogative of City Council? Have you decided on what the fee is? And can you do that without the approval of Council?

Anything that we do at this point in time we don't charge fees for.

Doesn't the bill indicate that?

Yes, this does. It would be a new area for us, and I would have to assume that you are correct, that that fee would have to be established by Council. I assume that that would be somehow tied to the amount of time that it would take us to do the work that's required. But, again, I'm not sure what the appropriate cost would be.

I assume, Madam President, that that was put in there because 23 05/26/04 - RULES - BILL 040156 at some time during those discussions someone said, it's going to cost us a little personnel time. How do we recoup those costs? I would have no problem removing that or figuring out a way in which there's further Council involvement on the fee. As to the 45-day recommendation by Mr. Chapman, I certainly would agree to amend the bill to reflect the 45 days.

I don't think the fee issue should just be hanging out there. And then at a later date that may present a problem.

Again, Madam President, I have no problem with amending the bill to reflect a 45-day period and removing the fee. And if we at some later point felt that it was necessary, I guess we could come back and do something just for the purpose of moving the bill.

Fine. The Chair recognizes Councilwoman Miller.

Thank you, 24 05/26/04 - RULES - BILL 040156 Madam Chair. Good morning. I was just wondering, is anyone here from the Zoning Board? Councilman DiCicco, do you know?

Not that I'm aware of.

Is anyone here from the Zoning Board? (No response.)

I don't think we even invited anyone from the Board.

I had a follow-up question to Councilman Clarke. I know many times when people apply for zoning, and if this particular person was applying for a multi-family zoning rather than single family, then most of the times when you're meeting with them -- you know, maybe you didn't ask the question -- because I guess you don't really think that people are going to come in and just change the facade, particularly in a particular area where the facades are pleasingly nice to the eye. I would think, too, that there must 25 05/26/04 - RULES - BILL 040156 be some way through zoning -- normally if someone is going to make alterations, that actually comes up when you're meeting with the community group or meeting with the developer. And I was just wondering if there was another way we could approach this, if you didn't create the district.

Councilwoman, I'm certainly not an expert on all zoning matters. I do understand some of the reasons why we go there. You're right. If there's some alteration to the building that is beyond the scope of whatever exists, then it requires an individual to have to go to the Zoning. I mean, it could be that the owner of the building would agree to those provisos, as I said earlier, that you want to maintain a certain look to the building, but I don't think -- and again I don't know for certain -- that the Zoning Board has the authority to mandate that the materials of the building be of a certain quality or a certain type. They do have the authority to talk about height restriction, yard space, which is air space, 05/26/04 - RULES - BILL 040156 and certain other things that are in the public interest for public safety. But I don't think -- -- and I could be wrong -- if the applicant were to disagree and say, I don't want to put up brick, I want to do aluminium siding, that the Zoning Board could reject the application for the fact that it's not going to be brick as opposed to siding or vice versa. Again, I'm not an expert on that.

You know, they have the authority to talk about the size of signs and all other kind of things. Maybe I'll wait until John Gallery testifies and ask a couple questions. Thank you.

If I can follow-up, my legislative assistant reminded me, a lot of times people don't even have to go to the Zoning Board. There's no 21 involvement from any of us. That in and of itself can be offensive, if you will, to the community because they're changing things that don't require them to go to Zoning Board. I think all of you know me well 27 05/26/04 - RULES - BILL 040156 enough. I'm certainly not one against development and I'm always trying to figure out a way in which we can all keep people here and make people move to the City or encourage them to move here. It's just an oversight that will maintain a certain integrity to communities. And as Mr. Chapman said, every neighborhood is different. I remember Strawberry Mansion when I was a kid. Those were some of the most magnificent buildings in the City. And because of different things and the economy change and people moved, individuals took those buildings and started converting them for other uses without any consideration for the look of the building and the character of the community. And I just use that as one of many, many examples. My intent, as I said earlier, my intent was to do something that will protect the integrity of certain communities and the aesthetical look and feel of those communities because that's what people look to when they look to move into the neighborhoods. 28 05/26/04 - RULES - BILL 040156 Sometimes that's one of the reasons. I like the porch front. I like Juniata. It has a certain look. I like Packer Park. It has a certain look and feel to it. How do we preserve that, is really what this is all about, in my opinion. And that's the only reason I did it. Certainly not to add another layer or problem for potential homeowners and buyers to move in. On the flip side it really just makes it a better place for all of us.

I agree with everything you've said. I had a neighbor on my block that had four different colors of paint on their house. When I happened to notice them repainting, I couldn't resist going across the street and telling them how it should look. And guess what? They took my advice. Now it's only two colors. It's consistent. And I agree with everything you've said. I just don't want to see a tool used -- because we also on the flip side of that, many times we have ways that people can prevent development 29 05/26/04 - RULES - BILL 040156 because of things that we create. And in my district we have a little bit of both. So I just was wondering if there was some way to make it easier.

I understand that. Another example, I know some municipalities, you have certain restrictions on the color of paint you can actually use. We're not going that far. We're going maybe somewhere in the middle. One of the other reasons that I thought of this bill -- and I left this out earlier -- several years ago Senator Fumo was able to get me some money to do a brochure that we supplied to the Department of L&I. Did you ever see when someone decides they want to change the windows in the building? And they get maybe a four-foot long window and they'll put a two-foot in, and it was a brick building and they'll put cinder block underneath and it just kind of looks like it was stuck in there? We actually did a brochure to try to encourage people to take that same opening and put a similar-sized 30 05/26/04 - RULES - BILL 040156 window as a replacement. Because the cost wasn't really all that much different, although the developer thinks it's the easier and simpler and cheaper way of doing it. They'll put aluminum siding that they'll buy at one of the home centers that we have, as opposed to putting a similar-sized window in. So we tried to address that without any legislation. And there was $25,000 or something I think that Citizens Alliance or Better Neighborhoods or somebody like that put money into creating this brochure. But it really doesn't get you any place because people are going to do what they think is the easier way out. And I'm not only talking about homeowners. I'm talking developers or speculators who have multi-family dwellings in neighborhoods and they're absentee landlords. They just want to get the place open and running, get their rent out of the building. They don't care what it looks like because it's a money maker. And the rest of us suffer as a result of that. 31 05/26/04 - RULES - BILL 040156

Thank you.

The Chair recognizes Councilwoman Brown.

Thank you, Madam President. Good morning. Let me say, Councilman DiCicco, I completely understand the goal that you're trying to achieve with this. My few questions simply relate to processing and trying to strike the balance to foster development, but then not let procedures be a blocker to those who may have a different perspective. I need to start with where Councilman Clarke was. I was struck too by the low number. Give me some clarity. Is that percent of the one neighboring 19 organization or is that 20 percent of each one 20 of the potential partners that are coming to the table to move this?

It's 20 percent of the neighbors. There's a minimum of two square blocks, so 20 percent of those people would have to initiate the district, and then 32 05/26/04 - RULES - BILL 040156 it would go to 51 percent would have to vote against it. It starts out primarily with community organizations, bona fide community organizations. That's the way we wanted it. We just didn't want someone popping up overnight saying, I don't want this. So in those neighborhoods where you have viable, bona fide community organizations, the interaction between the community organizations and the district Councilperson, as an example, could work well together deciding. It could be numerous materials that would be permitted in the district. They're not just saying everything has to be brick. If it's not brick, maybe it could be some alternative to brick, but maybe aluminum siding would not be permitted, just by way example.

Well, you touch on another question I wanted to raise, and that is the definition of a neighborhood organization. Is it a block club? Is it an 33 05/26/04 - RULES - BILL 040156 organizations with officers? Is it one that's registered with the City? Does it matter?

I'm sorry. Could you repeat that again?

The neighborhood organization is relative depending upon where you are. So the question was, with regards to what you're trying to get done, what for you is the minimum standard for a neighborhood organization? Is it a block club or a Town Watch, which is very different from a CDC, which is very different from an organization with officers.

I appreciate your question. I guess the best way I can answer that is I'd say I'd have to leave it up to the discretion of the district Councilperson to determine the viability of those individuals. You're right. Sometimes community groups start up and then two years later they're gone. So that's why we wanted Council to have a say in the process, not remove us, but to engage us in that entire process. 34 05/26/04 - RULES - BILL 040156 The other answer to your question was at least 60 days before a public hearing is held on a proposed ordinance creating a district, the Clerk of the Council shall send written notice of the date, time and place of the public hearing to all owners of all properties located within the proposed district.

Very well. The second question was related to President Verna's question raised, and that is the 30 days. She recommended 45. My note here, I would be most comfortable with at least 60 because that gives at least an opportunity for two meetings, period, for a reaction to that. And my bottom line is that I felt 30 days was simply not enough time. So take that in consideration as you move to --

I'm certainly not going to argue over 15 days. If that's the desire of this Committee to make it 60, I'm fine with that as well. I agree that 30 days was probably a little bit too tight.

To the Planning 35 05/26/04 - RULES - BILL 040156 Commission, what is really the standard when proposals come before you and there's a glitch in the resolution of trying to make that proposal real? Because again, in the ordinance it says the Planning Commission shall convene at least one public meeting with the NCD around the proposed boundaries. So what happens when a proposal comes before you and there's a glitch?

Normally it would just be tabled to our next Planning Commission meeting, and they're roughly 30 days apart.

Okay. In your testimony you say, "Lastly, this bill gives the Planning Commission staff additional responsibilities," so you draw the conclusion. But yet in the next sentence you say, "It is difficult for us to determine the amount of additional work." What drove you to the conclusion that there would be additional responsibilities?

Councilwoman, the 36 05/26/04 - RULES - BILL 040156 provisions of the bill require us to be involved in the drafting of any district and all the work that follows that.

That's what you're referring to?

Yes. Obviously at this point in time we can't sit here and say how many of those districts are going to be proposed. It's very difficult for us to figure out how much additional work that's going to be.

You also say that this will be an additional layer. The primary concern was that this bill would create yet another layer of approvals. Is that to suggest then that you have mechanisms in place that would address this proposed ordinance already?

No. No. That sentence was merely about the fact that if, for example, a property owner wants to rip down his facade and replace it with whatever materials, there is no public hearing process, no review process for that today. They just 37 05/26/04 - RULES - BILL 040156 need to go to Licenses and Inspections and get a permit for that. But if they're located in a Neighborhood Conservation District, then there would be a process for them to get that new facade approved.

I see. Thank you.

Thank you. The Chair recognizes Councilman Kelly.

This is a question for either Mr. Chapman or Councilman DiCicco. Who sets up the boundaries of the district? According to this it's at least two blocks by two blocks, but it could be 10 blocks by 10 blocks?

We rely on the community organization or organizations to make that decision, which would come before Council to the district Councilperson.

They would make up a map, in other words?

Yes. There's actually people here from Queen Village on 38 05/26/04 - RULES - BILL 040156 another matter, but as an example, there's a very well-known, long-time existing community organization who have issues with certain demolition that's been taken place in their community and we did some temporary moratorium on demolition. There's a bill, I think it's the third bill on the list that they're in here to testify. It's kind of linked to this district issue we're talking about. By way of example, Queen Village Neighborhoods Association could come in and want to create a district. We'd like to create a district.

And they would set the boundaries?

It could be the entire boundary of their association or it could be certain areas within the association. That would be advised by them to -- in this case, me. I'm their district Councilperson. And then we would look at that and work through that.

Mr. Chapman, you just mentioned something about the process of 39 05/26/04 - RULES - BILL 040156 addressing the problems that Councilman DiCicco mentioned. He gave a great example of that on Broad Street. For instance, if someone were to go into Broad Street, and brownstone buildings comprise 95 percent of the block, someone puts up a wooden front and they paint it outrageous colors or whatever, I would like to know the process that the group or the people, the residents, could use in that district to force that person to conform with the overall appearance of the neighborhood.

If I understand what you're asking me, Councilman, the proposed changes to the facade of that building would have to come before the Planning Commission for consideration and we would look to the design requirements for that Neighborhood Conservation District. And if what they were proposing met those requirements we would be required to approve it. I would suggest that what you've described there would not meet those requirements. And in that case we would 40 05/26/04 - RULES - BILL 040156 refuse the permits that were being applied for and then the applicant would be able to appeal that decision to, I believe, the L&I Review Board.

Then you would have the responsibility of enforcing the requirements or the code that the community group has put forth, right?

Yes.

Councilman, if I could just reiterate. It doesn't necessarily mean that that building would have to be reconstructed as a brownstone. It could be that that's the standard that would be set. But there may be a variety of materials that would be acceptable to the district. So it would not just be limited to brick facade, aluminum siding or something like that, if that's what the characteristic is. There may be variable alternatives to the brownstone, but alternatives that everyone would agree, the Planning Commission and the community would agree, that are complementary to the existing buildings on that block. 41 05/26/04 - RULES - BILL 040156

Well, the Neighborhood Conservation District, for instance, if the Planning Commission agreed with the builder and it was a direct violation of the Neighborhood Conservation District, where do they go to appeal their decision?

That wouldn't happen because the Planning Commission would have before it -- and correct me if I'm wrong, Mr. Chapman -- a list of the materials that the district has established as being acceptable. Now, if the developer, the owner of the property, wanted to dissuade from that, then there would be the appeal process, which the burden would be on the owner of the property.

Councilman, I would agree with Councilman DiCicco on that. The guidelines could say that the facade could be brick, stucco or granite, and if the applicant wants wood, we have to turn that down.

Okay. That's the point I was trying to make. Thank you. 42 05/26/04 - RULES - BILL 040156

You're welcome. The Chair recognizes Councilman Kenney.

Thank you, Madam President. This is for Mr. Chapman or for Councilman DiCicco. Frank, we've shared the same concerns about various things that people are doing in the neighborhood. NCD would create a process or a layer that the owner of the building or the developer would have to go over, which would give us an alert as to what they wanted to do and then have discussions about it, which I think is probably the primary benefit of the bill, is having foreknowledge of what's going on prior to having it done. Part of the problem that we face in many neighborhoods, especially in South Philadelphia, is that a lot of people go in and do this stuff. They create a duplex. They create a triplex. They do it pretty 43 05/26/04 - RULES - BILL 040156 quickly. By the time we find out about it, it's already there and the court process to cure that problem is unacceptable. It takes forever if you can ever get it done. I don't know of any illegal triplex that's ever been dismantled and made into either a duplex or a single family dwelling. A good example, Frank talks about aluminum siding on the front of the building, which I don't like either. But one of my personal pet peeves is stucco and brick on the front of the building. It can be done within hours. What can we do in the bill, as they do in the suburbs -- when you're doing something wrong or illegal or outside the permit they come out and stop you, take your ladders, take your truck. If you are an illegal contractor in the suburbs generally, and you're doing something and they get a call, they're out there and you get your stuff confiscated. How do we stop or what can we do to strengthen the bill to get our inspectors -- instead of waiting for the court process, which, you know, you never know what a judge 44 05/26/04 - RULES - BILL 040156 is going to do. A judge is going to give them 30 days to cure it. They come back and they give them 30 days more. The neighborhood gets frustrated. This doesn't only relate to the NCD legislation, but just in general enforcement. We're in court all the time seemingly forever with no resolution to any of these problems. Maybe it's L&I.

Councilman, it may be L&I. Not to get away from this whole concept we're talking about, but tomorrow morning I have a hearing at 10:00 about the building -- you chaired that Committee a couple of years ago -- where we basically told the proposed buyer of the building at 7th and Catherine to get out of here because for 19 years he's been sitting on a building that's 20 been boarded up in the middle of Bella Vista, 21 and we have finally gotten to the point to 22 where --

I think it's more than two years ago, isn't it?

It's two or 45 05/26/04 - RULES - BILL 040156 three years ago, but the building has been sitting there in the same condition for 4 years. And the Broken Window Bill, we finally 5 started enforcing that. We have fines in 6 excess of a million dollars, but that may not 7 necessarily be that the courts will agree with 8 us. You are correct. It is a very long and 9 arduous task to try to get. 10

Is it state law 11 that keeps us from being able to do some of 12 this stuff? I don't know why it's a different 13 standard in the suburbs. If an illegal 14 contractor is starting work and then he is 15 stopped, if he doesn't stop, then they take 16 his equipment. 17

In the case of 18 7th and Catherine, I wish he would have 19 started something. I would have felt much 20 better about it. 21 MR SOLVIBILE: Good morning. My 22 name is Bob Solvibile. I'm the Acting Commissioner of Licenses and Inspections. The Department, if we find it in progress, we'll do a cease or a stop work 46 05/26/04 - RULES - BILL 040156 order, and a stop work order allows us to notify the police, that if anybody is found working at that location to lock them up basically. That's the powers that the building code would have in regulating people building. Now, in the case you gave a little bit earlier about a triplex, in the triplex we would have the right to go in in an unzoned triplex to cease operations and close it down.

The problem is, is that you have a triplex that's occupied and it's illegal --

Well, we could close it down, though. We could cease the operations because it is in fact --

In an occupied residence?

Yes. It's not legal. If it's three families living in a property that's zoned for one family, we can do a cease on the basis of it being three families and not one.

What does a 47 05/26/04 - RULES - BILL 040156 cease mean?

We physically notify the people that they have to move, that you can no longer use it for that intended purpose. And if you want to use it for that purpose, you have to go through the legal process of getting proper zoning.

What happens in the meantime?

In the meantime it stays vacant or one family can live there.

How much time do you give to move them? MR SOLVIBILE: It depends on the situation that the inspectors would find out there. Most of the triplexes that are illegally occupied are fire hazards and accidents waiting to happen. So it would be an immediate cease. It really depends on the circumstances the inspector finds that day. I hope that answers your question.

Maybe things have been different since I've chaired an L&I Committee, but I don't remember it moving that 48 05/26/04 - RULES - BILL 040156 quickly. You know, you see three bells on a single family residence and they're still there.

I can only speak to where I know for a fact in working with Dominick as a fellow deputy and now as Dominick's boss, that when we have a complaint and we find an illegal occupancy we tend to cease it. But then also most of the illegal -- the zones are not proper fire alarms and other -- if you're illegal, you're usually illegal all the way and it is bootlegging the apartments in there. But if you give us a complaint, we go forward with it. That's something we want to find because they tend to be the houses that God forbid catch on fire.

If this legislation is approved and signed, will you have the same ability to go out and cease or arrest a person, perhaps not on safety violations, but on aesthetic violations based on an NCD district?

Other than paint.

What if a guy is 49 05/26/04 - RULES - BILL 040156 painting his bricks purple, which is something I have to ask Commissioner Perri?

A historical building, we could start, but it's not a historic district. I'm not sure.

I know neighbors who have done that for spite. People who had a zoning issue denied and then paint the front of their house an obnoxious color just to drive their neighbors nuts. What would happen in NCD?

I'm not sure. I'll have to get back to you on that. I'm not really sure of what we could do. The first I'm hearing of this bill is today.

I'm absolutely supportive of the concept. If the people and the residents in a neighborhood are that concerned to band together to go through this process to have this designation, and they care enough about their neighborhood to do it, that means they'll be vigilant in what's going on and be another set of eyes and ears for L&I and for the police. So I very much support 50 05/26/04 - RULES - BILL 040156 the idea. Also, I think it helps foster additional community enthusiasm and ownership. Thank you.

As you know, Councilman, we're all for anything that makes neighborhoods safer.

Thank you.

Thank you. Are there any other questions or comments by Members of the Committee? The Chair recognizes Councilwoman Brown.

Mr. Chapman, does the Planning Commission have a definition for neighborhood organization as such?

No. No, Councilwoman, I would say that we don't. And this bill 19 doesn't really require us to work with an organized or an incorporated neighborhood organization. I think an organized group of people could simply file a petition to get the ball rolling here.

In an attempt to possibly strengthen or move the Planning 51 05/26/04 - RULES - BILL 040156 Commission to a point where you might approve this recommended bill, you state in your testimony, "The guidelines that are to be created could be written in such a manner as to overrule the provisions of the Zoning Code." So having a very limited understanding about zoning, is that to suggest that if the guidelines were written in a way to not overrule the provisions of the Zoning Code, that would strengthen this bill from the perspective of the Planning Commission?

That would certainly address one of our concerns. To answer your question, yes.

And to the sponsor of the bill, Councilman DiCicco, back to the question of the low percentage with 20 percent, I'm reflecting on a current circumstance where one of our colleagues is dealing with a similar issue with a neighborhood organization and the struggle with trying to get 51 percent of the neighbors to agree that the proposal is a good thing. 52 05/26/04 - RULES - BILL 040156 So talk through again this percentage. Is percent to introduce it and 51 percent to get it passed? Is that what I heard you say?

20 percent to 6 initiate the proposal. 51 percent would have 7 to vote against. That's the way the state 8 statute has been set up. So you need 51 9 percent to vote against. 10

Okay. I see. 11

Again, as I 12 said earlier, the entire area that would be 13 designated or proposed to be designated, every 14 property owner is notified 60 days prior to. 15 So there will be notification. This will not 16 happen overnight. This is certainly not an 17 attempt to do any of that. I think you 18 recognize that. This is somewhere in between 19 what we already have today, meaning just 20 having the ability to go to the Zoning Board and have a historical district. It's somewhere in the middle. It's not as restrictive as a historical district, but it gives us a little bit more say in the process than we have because some of these things 53 05/26/04 - RULES - BILL 040156 never get to the Zoning Board. And that's where, I think, most of our problems exist. There were no requirements for people to have to go to the Zoning Board if they want to do something to that property, but for a historical district. They're very difficult and very expensive to create. Some neighborhoods, quite frankly, probably don't fall in the scope of historical district. This is a middle ground, if you will.

Thank you.

Thank you. The Chair again recognizes Councilman Kenney.

Frank, would you think that a historic district is to an NCD as a variance is to the use certificate?

It's probably a good example. That's a good example.

Thanks.

What was that?

A historic district is to an NCD what a variance is to a use certificate. It doesn't rise to the level 54 05/26/04 - RULES - BILL 040156 of the variance, but it rises to a level of having to explain what you want to do to somebody. Somebody meaning a governmental body.

Sure. Okay.

Thank you. Any other questions or comments from Members of the Committee? The Chair recognizes Councilman DiCicco.

Just one final comment. Thank you, Madam President. I understand Councilwoman Reynolds Brown's concern about the percent. I'm 16 certainly willing to look at a different 17 number. I think as a District Councilperson 18 -- no disrespect to the At-large people here 19 -- any time we try to do something in a 20 community there's a certain number of people who will be against it no matter what -- and no disrespect to them -- without really understanding it. When you get too high of a percentage that requires for something to move, it generally doesn't get done. So I 55 05/26/04 - RULES - BILL 040156 don't want to do it and say they have no say in the process. We were trying to strike the balance between the percent to get it started, the 6 51 percent to vote against it, and everybody 7 gets involved in the process at the time of 8 the hearing. Everyone has the ability and 9 capability to be involved in the process at 10 the end. So 20 percent was somewhat of an 11 arbitrary number. I'm certainly willing to 12 look at increasing it. But I would rather not 13 get it too high up. At the district level -- 14 the Council President is shaking her head. 15

I 16 understand that. 17

It's tough. 18

(Inaudible.) 19

Well, I 20 understand, Councilman Kelly. For those of you who have ever had to do a Business Improvement District or a Neighborhood Improvement District -- which once they're done and completed everyone loves them -- but just trying to get them to agree to do it is a 56 05/26/04 - RULES - BILL 040156 very difficult task.

I think that's a good point for the percent. I think that's 5 moving in the right direction because if you 6 insist on 51 percent, I agree with you, a lot 7 of this would never, never get completed. 8

Thank you. 9

Any other 10 questions or comments from Members of the 11 Committee? 12 (No response.) 13

Seeing 14 none, I understand John Gallery was supposed 15 to testify. He will not be here. 16 Do we have a letter, did you 17 indicate? 18

Madam 19 President, he's not arrived yet. There was a 20 problem on my side with the timing for some reason.

Fine. But he will arrive?

Yes. And if not, we have written testimony that I'll 57 05/26/04 - RULES - BILL 040156 introduce for the record.

The next witness is Elizabeth Miller.

Good morning. Please identify yourself for the record and proceed with your testimony.

My name is Beth Miller. I'm the Executive Director of Community Design Collaborative of AIA Philadelphia. I want to thank you for the opportunity to speak in favor of Neighborhood Conservation Districts. We believe that good design is good policy for neighborhood revitalization and realization. The Collaborative is a volunteer-based design center that connects community-based organizations with pro-bono preliminary design services. Our volunteer teams have advised hundreds of non-profits in Philadelphia on the design process and help them at the earliest stages of designing and developing many neighborhood-based buildings and sites. We feel the increase from non-profits match design professionals with volunteers and promote best practices in 58 05/26/04 - RULES - BILL 040156 community development. In 2003 alone the Collaborative initiated 38 new projects and coordinated pro-bono services for 47 non-profits, delivering nearly $400,000 pro-bono preliminary design services. Careful consideration has been given to the Conservation District concept, the framework of this bill and the appropriate ways to implement a program. The Preservation Alliance and the Collaborative worked together with the Councilman's office on this issue since 2002. The bill before you brings a best practice to Philadelphia. Conservation Districts are used throughout the country as a tool to encourage neighborhood preservation. Promoting good design is a critical part of our mission and we endorse this bill. Neighborhood conservation districts can present an important tool to help maintain a sense of place and that exists in many of Philadelphia neighborhoods. This bill has City-wide implications and it compliments current City initiatives by offering a process for community participation 59 05/26/04 - RULES - BILL 040156 in neighborhood preservation. Perhaps most importantly NCD's are consistent with the Neighborhood Transformation Initiative goals and it provides transitional neighborhoods with sound housing fabric, new tools to encourage private and individual investment in residential and commercial maintenance and improvements. The proposed bill encourages neighborhood and community-based organizations to work proactively with the Planning Commission to develop community-approved design guidelines as a process for review. The bill also helps property owners to make the most of their investments. There are thousands of individuals who invest in neighborhoods throughout the City by buying real estate. This process would help clarify in advance a community's expectations for property maintenance and new construction. The Conservation District program will help distinguish the unique fabric of Philadelphia neighborhoods by providing guidelines for maintenance, repairs, additions 60 05/26/04 - RULES - BILL 040156 and new construction by providing and a mechanism for design review at a neighborhood residential level. In short, Conservation Districts help neighborhoods revitalize and it fills an important gap in the City's efforts to develop, preserve and conserve the many diverse neighborhoods we have. We thank you very much for your consideration of this important initiative.

Thank you so much for coming in to testify. Are there any questions of Ms. Miller? (No response.)

Thank you again. Our next witness?

Dave O'Donnell.

Good morning, Mr. O'Donnell. Please identify yourself for the record.

Hi. I'm David O'Donnell. I am President of the Queen 61 05/26/04 - RULES - BILL 040156 Village Neighbors Association.

Welcome.

Our community has actually begged Councilman DiCicco for this proposal. Queen Village was founded in 1638 by the Swedes. That's almost 50 years before William Penn landed. It is an extremely old and historic neighborhood; however, we are not a Historic District. This latest construction boom is wonderful for the entire City, but sometimes it can have a bad effect. Only about 10 percent of our properties are on the Historic Register. They did this in 1958. They walked around with a clip board. Historic preservation was a new concept and they missed many, many 18th century buildings. They didn't even look for Victorian buildings and other buildings of great historic treasures. What happens now is, if it's not on the Historic Register, you can tear it down by law with zoning and everything. If it's not on the Historic Register you can buy a 62 05/26/04 - RULES - BILL 040156 property and tear it down. I heard questions about zoning. I also sit on our zoning committee for eight years. We see Zoning doesn't regulate much of anything but variances. Can you build over 35 feet in our area? Yes. Can you buy a property and punch through a garage through the first floor, even if it was built in the 1700's? Yes. You don't even have to come to the neighborhood association. You don't even need variances half the time. Do any of you have the photographs I have here? If you will look at this particular photograph right now. Nobody went to Zoning for this. It's a given. Is it a demolition? Of course. They kept the roof on. However, nobody went for zoning. Nobody came before the community. Nobody needs a variance. They can build that facade of anything they want. So we're just asking for some help. Eventually, yes, we'd like to become a Historic District. It takes years and $60,000 dollars and years and years. So in 63 05/26/04 - RULES - BILL 040156 the meantime, before they tear down the rest of the old buildings in Philadelphia, we're asking for some relief just for the neighbors to be able to say, gee, let's keep more of our old buildings. Let's have a little say. We're only asking for some mild guidelines, not for like a Historic District with how you have to paint your house or how the windows have to be or anything like that. Just some mild guidelines to help stop the demolition and just keep the integrity of this really ancient, wonderful, historical neighborhood. Any questions?

Are there any questions of this witness? (No response.)

Thank you so much. Our next witness.

Peter Piven.

Good morning. The Chair recognizes Councilwoman Brown before you proceed. 64 05/26/04 - RULES - BILL 040156

I do have just one comment to the former witness. This picture speaks volumes.

David O'Donnell, president of Queen Village Neighbors. I just wanted to address one thing I saw in my notes about who the neighborhood organizations would be. Queen Village Neighbors has been in existence for 29 years. We are very established.

Thank you again. Good morning. Please identify yourself for the record and proceed with your testimony.

My name is Peter Piven, Madam President and distinguished Councilmen and women. I reside at 201 Queen Street in Queen Village. I'm a fellow of the American Institute of Architects and I serve as a member of the Zoning Committee of the Queen Village Neighbors Association. I'm here to speak in strong support of the ordinance to create Neighborhood Conservation Districts. 65 05/26/04 - RULES - BILL 040156 In my capacity as a member of the Zoning Committee, I have personally experienced the negative effect of unrestrained and uncontrolled development on the character and quality of the neighborhood. The photograph that you just saw is an example. Although the City zoning and building codes adequately regulate and control land use on the one hand and life safety issues on the other, they do very little to preserve physical character, historic relevance and the sense and pride of place that can result from those. Too often in the coning committee we are presented with proposals for renovation or new construction whose only purpose is to maximize personal economic gain at the expense of future civic well-being. Since the zoning and building codes do not adequately address the matter of appearance, the neighborhood has little opportunity to preserve and/or improve physical quality. Modest improvements can be achieved in exchange for neighborhood support 66 05/26/04 - RULES - BILL 040156 when variances are required. Frequently, they are not required, and even when they are, the Zoning Board of Adjustment is not obliged to follow the wishes of the neighborhood association. Before coming to Philadelphia from New York more than 30 years ago, I was a member of the Community Planning Board there, the equivalent of the Zoning Committee on which I now sit. It is fair to say that almost every decision there was based primarily on economic grounds. Compare the cities. New York has lost its historic character and Philadelphia is renown for it. I urge you to help us preserve and maintain it. Thank you.

Thank you very much. Are there any questions or comments of our witness? (No response.)

Thank you again. 67 05/26/04 - RULES - BILL 040156 Our next witness.

Alan Kriegman.

Good morning. Please identify yourself for the record.

Thank you. I am Alan Kriegman. I am a 30-year owner-occupant and rental housing provider in the University City section of West Philadelphia. I appreciate the opportunity to testify in support of this bill. My experience and research concerning the revitalization of urban communities, both its positive aspects and the encumbrances it places on property owners and renters prompts me to be enthusiastic about the prospect of this bill. I am mainly because it focuses on community involvement. This in the bill is achieved principally through participation in the decision to submit proposals for designating areas as Neighborhood Conservation Districts and in the development of guidelines appropriate for each individual locale. 68 05/26/04 - RULES - BILL 040156 The bill, accordingly, provides a process for residents to exercise a reasonable degree of control over the evolution of their own surroundings, determining for themselves the trade-off between benefits and costs. It, therefore, has the potential to enhance the quality of life in our neighborhoods by preserving or restoring the aesthetic environment without necessarily inducing the displacements which so often accompanies gentrification or imposing excessive financial, regulatory or other burdens on the very parties it means to benefit. Now, while acknowledging the strong points of this bill, I believe that some clarifying amendments would be productive. And I've made some recommended changes. I believe you have a copy. These changes are intended to avoid the contentious situations that have arisen in my own neighborhood over attempts to use Section 14-2007 of The Philadelphia Code, which is the preservation ordinance, as a vehicle for preservation and enhancements. The amendments are 69 05/26/04 - RULES - BILL 040156 incorporated, as I said, into the document that I have submitted for your consideration as your deliberations proceed. In essence, these amendments fall into three primary categories: Proposals submitted by community associations. The purpose of the proposed amendments here is to recognize that although some such organizations reflect the sentiments of the residents of the communities they nominally represent, others do not. Instead of just mandating, as the bill presently does, that a proposal be duly authorized and adopted by a community association, I am recommending that we call for a more directed effort by community associations to inform and call affected parties. The second area is in terms of the design guidelines. The primary purpose of the suggested amendments is to ensure the proponents draft preliminary design guidelines with the assistance of the City Planning Commission prior to formally proposing a Neighborhood Conservation District. 70 05/26/04 - RULES - BILL 040156 Recognizing that while changes may be made as the designation proceeds, this maximizes the likelihood that residents will know what will be expected of them were the district to be established. The secondary purpose of the proposed amendment is to emphasize the flexibility of specifying guidelines that meet the unique needs of individual neighborhoods. The third area is in terms of tools that are available to residents for preservation and revitalization. The purpose is to confirm that the Neighborhood Conservation District becomes the proper instrument with which residents can protect the visual and aesthetic characteristics of an area, and suggests that a community designated as a Neighborhood Conservation District may subsequently rise to the level of historic designation if, and only if, compelling factors suggest that it indeed has a significant role in our cultural or architectural heritage. Thank you.

Thank you. 71 05/26/04 - RULES - BILL 040156 Are there any questions or comments of this witness? (No response.)

Thank you again for coming into testify. Councilman DiCicco, since Mr. Gallery is not here, would you please enter his letter?

I will not read it, so I'll submit it to the stenographer and it will be part of the record.

I assume that Mr. Gallery is in favor of?

Absolutely.

Thank you. (Testimony attached.)

Do we have any other witnesses that would like to testify on this bill? Please approach the witness table. Good morning. MR. WOLK (ph): Good morning. I'm Richard Wolk, and I'm a member of the Queen Village Neighborhood Association and serve on 72 05/26/04 - RULES - BILL 040156 the Queen Village Historic Preservation Alliance. I would like to thank the ladies and gentlemen of the Council Rules Committee for this opportunity to speak in favor of Councilman DiCicco's proposed bill amending Title clarifying Conservation Districts in 8 Queen Village. 9 Last year, after 27 years of living 10 in the western suburbs of Philadelphia, my 11 wife and I moved to Queen Village. We bought 12 a condo on Second and Christian that was a 13 beautiful conversion of the 100-year-old St. 14 Phillip Neri Schoolhouse, a fine example of good preservation and renovation. We moved in town not only to immerse ourselves in the culture, diversity, sports and gastronomic delights of the City, but also more importantly, to walk amidst the streets of its history. Philadelphia is unique in that we have 21st century people living in 18th century homes. We have cobblestone streets lined with trees and homes with gardens on main streets and little alley-ways. As was stated by Ingrid Saffron in 73 05/26/04 - RULES - BILL 040156 her Philadelphia Inquirer article, I quote, "Philadelphia remains a compendium of small delights of 16-foot rowhouses and Furness castles compressed into corner lots as wondrous as a Faberge egg." This is the heritage of historical Philadelphia. Our past, unlike any other city, is most important to our future. Our history is the reason for tourism. I am not against development; however, I am for proper and responsible development. Please let's not make Philadelphia a City of historic markers pointing out where historic places used to be. Lastly, let's remember that according to the many studies that have been done, a city's Historic Districts are the most solid areas of community life and activism in a city. We must work as a team of our citizens and the preservationists and the City planners and the developers for the good of our very unique City. Thank you very much.

Thank you. Thank so much for coming in to testify. And 74 05/26/04 - RULES - BILL 040156 we're delighted that you moved back to the City.

I'm delighted too.

It's quite apparent to me that the Queen Village neighbors are very, very active and I think that's wonderful. Stay active. Councilman DiCicco.

Council President, I'd just like to point out that the good folks that are here from Queen Village were for both the Conservation District and also for the following bill, 040369. So some of their testimony is actually on the record that would have been put on the record for Bill 040369, which has to do with a moratorium in Queen Village. They're kind of linked. So rather than have to bring them up later, they're here talking about both bills at the same time. I wanted that for the record.

Thank you. Do we have any other witnesses that would like to testify? Please approach the witness table. 75 05/26/04 - RULES - BILL 040156 Kindly identify yourself for the record and proceed with your testimony.

My name is Kate Chomentowski. I'm from the Fishtown Neighborhood Association. I'm the Zoning Chair of the committee. I'm against over-the-counter permits because of the defacing of properties. You can look at these, and I'll pass them up here. People come in and change the front of a building and all they need is a variance. I'm going to send some pictures up to you to look at. This is a corner property. It's a school crossing. He applied for a bow window, and this is what he put in. They did this on a Sunday. They went down and got a permit across the counter. That's a corner property. There's two handicapped ramps that meet there. He's out over the walkway. You can't get around that corner with a baby coach. The over-counter permits have got to stop. They've got to come to the community organization with their plans or the City is 76 05/26/04 - RULES - BILL 040156 going to be ruined. They're going to be overwhelmed with people just doing whatever they want. Fishtown is becoming very, very popular right now. We have development all over the neighborhood. You have people doing work without permits. I can't get them out there fast enough to get someone out there to check them. I did meet with an inspector from constructural services, and he had told us at our meeting that when we go before the ZBA, the provisos that we submit to the ZBA at that meeting are not passed on to Claire Gatzmer to pass on to the Inspector Unit to let them know what provisos were issued by the community before the ZBA. They do not know the provisos. Something has to be done in that way of stepping it down that the provisos are passed on to the inspectors so that they know. We have construction going on. The house is already done. The alleyway is not there. It's in writing signed by me, the lawyer, everybody. There is no alleyway. The 77 05/26/04 - RULES - BILL 040156 buildings are up. They're put up improperly. They say they are correct. They are not.

Let me just ask a question, if I may. On the photos that you presented to us, you said that the owner was supposed to put in a bow window.

A bow window, yes, ma'am.

Well, this is a far cry from a bow window. Did you ever call L&I and did L&I ever come out to inspect? And if they did, what, if any, action was taken?

Yes, I did. They came out, told them to stop working. He went down and got a permit across the counter. That's a school crossing, two handicapped ramps. If you come up across from where Palmer Cemetery is, up that handicapped ramp, you have to come up and go around like this on the other handicapped ramp to get around. You can't go around that corner with two children if you're coming or going from school. We have a DARE. We have Holy Name, 78 05/26/04 - RULES - BILL 040156 St. Lorentius. We have the middle school, Penn Treaty. They all use that intersection going to and from.

That's dangerous.

It's dangerous. There's a corner store. If there's a truck there, they don't see the kids. If they go around it, they will come up on that pavement and either hit that building or hit a kid. It's just not right. They're dumping on our community and it's not fair. We need support. And I know I do get it from Councilman DiCicco and Councilman Kenney and Councilman Clarke. But we need support from ZBA. We need support from the inspectors. We need support. Claire has been very helpful with me many, many times and gave me good guidance. But they're not notified by the ZBA of the provisos that come down.

Most of the time the members of the community only agree to the variance or to a zoning change with provisos. 79 05/26/04 - RULES - BILL 040156

That's right.

If the provisos are not even being submitted --

Or given to the inspectors, the inspectors don't know. We're also going to have a meeting next month with the Planning Commission, someone from the ZBA and someone from L&I.

Thank you. Any questions or comments from Members of the Committee. Councilman Kelly.

I just wanted to ask you, is this a commercial property or is this --

It's residential. It was commercial. It was residential. They wanted to put in there a stain glass place, but they didn't stay, so they sold it.

It was commercial originally?

It was just for the first floor. And it's a single family dwelling above it. 80 05/26/04 - RULES - BILL 040156

Now it's back to being residential?

I'm guessing.

But you're not sure?

It could be commercial. It's either commercial or R-10. Most of our properties in our neighborhood are R-10.

Well, is it presently occupied?

There's someone in there, yes. It's 457 Belgrade Street is the address.

Are they living upstairs?

Upstairs.

Can we find out before this hearing is over what's going on with that address?

Please come up to the witness table. We shouldn't have conversation like that. We can't hear. The stenographer cannot hear. 81 05/26/04 - RULES - BILL 040156 Do you have the address of this property?

No, I don't, Council President. 457 Belgrade Street. We will call now and research. As to the variances, the Department knows the variances and the different conditions the Zoning Board of Adjustment puts on any hearing they have. So we would be aware of that. It would come back to us. So that part we do know about, that was said we didn't, but we do.

What you're saying is there's a proviso in a variance that's put in the file so your inspector can look at that file?

The permit is issued off of the basis of the variance and the provisos in the variance. So it would be known to the Department that there is provisos and obviously a variance.

Do we even know if they got permits for construction?

After I called 82 05/26/04 - RULES - BILL 040156 L&I.

They had the permits?

Yes. The permit was posted on the side of the building, but they haven't worked on it since then.

How long has that been?

It was in October.

How long until a permit is no good? It's good for a year?

If you do work it is good for 60 days. You could virtually drive a nail -- six months, rather. I'm sorry. You could virtually drive a nail, and then five-and-a-half months later drive another nail and it would be good for an additional six months.

Let me ask you this one question -- correct if I'm wrong, ma'am. You talked about handicapped ramps here?

Yes. And they 83 05/26/04 - RULES - BILL 040156 also broke the bearing walls. There are bearing walls on the outside. If you take a look they've got wood going across.

What happens to handicapped ramps, Commissioner? Does that overrule any of our zoning?

That would be approval by the Streets Department for the ramp. L&I would not issue that.

In this instance, if this was an encroachment, Councilman DiCicco would have to introduce legislation for the encroachment?

Councilman Clarke. He's our representative now.

It would be an issue dealt with by the Streets Department.

But my question, which is germane to this I think -- the handicapped ramps, that makes me nervous because of the American Disability Act. Do they pretty much get whatever they want?

I can't answer that question. I'm not knowledgeable enough to 84 05/26/04 - RULES - BILL 040156 answer it.

I think you can make a call to your office to find out how this building is zoned, so before the conclusion of the meeting our witness would know.

I hope they're doing that now.

Don't you have the hand-held computers yet?

We're getting there. We'll get there.

Fine. Do we have any other questions or comments of this witness? (No response.)

I'd like to add something. You were asking and Councilman DiCicco had asked, when we handle our zoning meetings for our neighborhood, we do a one-block radius because they're the most people that are affected by any new development. The only time that we have a community hearing is if someone wants to put 85 05/26/04 - RULES - BILL 040336 in a club or something like that that's going to affect the impact of the whole neighborhood. But they'll respect a one-block radius at the ZBA, and that's how they'll work it. I've been doing this for years. 7

Thank you 8 so much. 9 Do we have any other witnesses on 10 this bill? 11 (No response.) 12

Seeing 13 none, I would ask Mr. McPherson to please read 14 the title -- 15

Madam 16 President, should I do the deletions now or 17 wait until we come back? 18

On this 19 bill? 20

Yes.

Can we wait until we come back?

Okay. Thank you.

I would 86 05/26/04 - RULES - BILL 040336 ask Mr. McPherson to please read the title of Bill No. 040336.

An ordinance 5 amending Section 14-305 of The Philadelphia Code relating to C-4 commercial and C-5 commercial districts by requiring that prior to the issuance of certain permits, a Zoning Board of Adjustment certificate be obtained.

Mr. Chapman.

Good morning once again, Madam President and Members of the Rules Committee. My name is Thomas Chapman. I'm the Director of the Development Planning Division for the City Planning Commission, and I'm here today to testify on Bill No. 040336. Councilman Clarke introduced this bill on April 1st of this year. This bill 20 amends the C-4 and C-5 commercial zoning classifications. If enacted, this amendment would require all uses, with the exception of parking garages on certain streets, to obtain a certificate from the Zoning Board of Adjustment. The enactment of this amendment 87 05/26/04 - RULES - BILL 040336 would create a situation where, in the central business district of the City of Philadelphia, every use of a property would require a hearing before the Zoning Board of Adjustment. The Department of Licenses and Inspections has estimated that an additional 500 to 600 applications would require the consideration of the Zoning Board if this amendment were approved. This represents an increase of about 32 percent over the Board's current caseload and would require upwards of an additional 40 days of hearings. The Planning Commission at its meeting of May 18th, 2004 recommended that Bill No. 040336 not be approved. The Planning Commission recognizes the legitimate concerns of the Department of Licenses and Inspections, and the Commission believes that this amendment does violence to a basic tenant of zoning, and that is that certain uses are permitted as a matter of right. The Planning Commission believes that it will discourage all types of development from considering Center City due 88 05/26/04 - RULES - BILL 040336 to the fact that every business would be subjected to the time, expense and uncertainty of the Zoning Board of Adjustment hearing process. That concludes my testimony. I'll be happy to answer any questions of the Committee.

Thank you. Are there any questions from any Members of the Committee? The Chair recognizes Councilman Cohen.

What's the feeling of the Commission with respect to whether the bill would be a worthwhile bill? If you eliminate the questions of additional staff needed or further burdens, is it a good thing? Would it be a good thing to have in general?

Councilman, we didn't have any concerns regarding staffing with this particular bill. The Commission is just generally opposed to the fact that this would create a situation where every use in C-4 and 89 05/26/04 - RULES - BILL 040336 C-5 would require a Zoning Board hearing. It's that simple.

But sometimes the Zoning Board hearing is the only method of protecting the citizenry in general, isn't it?

Sometimes it is, Councilman. We have, I think, 54 different zoning classifications in the Code right now. Every other zoning classification has a list of uses that are permitted as a matter of right without any hearings before the Zoning Board. We just think that to require C-4 and C-5 -- which is in the heart of Center City -- to require that every use from a water-ice stand up to a 70-story office building to require Zoning Board approval is something that the Commission didn't want to support.

All right. Thank you.

The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, I've had 90 05/26/04 - RULES - BILL 040336 substantial discussion with members of Planning and L&I and other individuals throughout the Administration, and they've expressed their concerns about this particular bill, and I understand the concern to a degree. I did not want to have to do this bill. You will hear substantial testimony from residents who don't necessarily fall within the areas that this bill addresses because it primarily talks about Center City, but you will hear testimony that talks about similar concerns that have been raised in areas where this particular bill, if enacted, would give community people an opportunity to participate. And I did it in Center City because that's where some of these issues were initiated. I'm sure you will hear testimony after Mr. Chapman is done from people in other outlying areas who will probably ask us to incorporate this legislation in some of their commercial areas and possibly some of their residential areas. After you hear the testimony, I would like to follow with a 91 05/26/04 - RULES - BILL 040336 statement on what the intent of both the bill 3 and the sponsor of the bill will be as it relates to this particular issue. I have been extremely frustrated with this issue and with these over-the-counter permits. I think that there is too much discretion in the ability for individuals to issue these over-the-counter permits. I am, frankly speaking, tired of having to call up and ask about a permit that was given over-the-counter when on the same block an individual applicant was asked to go to Zoning. There's no consistency as it relates to these over-the-counter permits. This is why I did the bill. So after the testimony, Madam President, I would like to speak and talk about where we would like to go from here. And I would ask for your indulgence.

Thank you. Are there any questions or comments from Members of the Committee? (No response.)

Seeing 92 05/26/04 - RULES - BILL 040336 none, our next witness?

This is a panel. Rittenhouse Row, Cory Cutler, Ms. Davis and Donald David Allen.

Good morning. Welcome. Please identify yourself for the record and proceed with your testimony.

I'm Cory Cutler, Executive Director, Rittenhouse Row.

I'm Donald David Allen. I'm Chairman of Government Affairs for Rittenhouse Row. Basically what we have to say is kind of frustrating for us because through Councilman Clarke, we presented to you an overlay for the businesses on Chestnut Street and Walnut Street from Broad to 21st. And the reason for it is we have over 200 businesses that are members of our organization. We were very concerned that we felt that those two blocks were very big driving forces of bringing visitors, residents and people from the suburbs back into town to do their 93 05/26/04 - RULES - BILL 040336 shopping, and that there should be some type of an organized way to keep these areas as something really special. We've presented this overlay to City Council and we had your support, and you passed both of the overlays, which kind of put down what we feel is inappropriate for those two streets and what we think is appropriate for the streets. And it's very clearly written out. Now, what's been happening is just the opposite. Businesses have been going to Licenses and Inspections, the windows get covered, and before we know it, we have something that is just totally opposite of what is in the overlay that has been passed by City Council. And once it's in there it's very hard to do anything about it. When we do get the business to Zoning and we can have our representative there and we can discuss what the plans are for these businesses -- and the City usually does recognize at Zoning our overlay -- and if the business is something that was listed in our overlay as not 94 05/26/04 - RULES - BILL 040336 appropriate, the City does say, as far as the overlay goes, this is considered not appropriate. And that's what we're looking for, to be able to go to Zoning and to be able to stop businesses from opening up overnight that are totally adverse to the overlay and not a positive thing for Chestnut Street or Walnut Street. It's really an amazing thing. I've listened about the residential problems. We have the same problem with the overlay. Right now just as a prime example, as you probably know, Chestnut Street was the latest overlay that we had passed by City Council. We're very proud of Chestnut Street and we see it redeveloping into something really special like it used to be. About a month ago we were walking to a zoning meeting, and we take a look right next to the Art Institute or an art school which is right across from Liberty Place -- which is just an absolutely beautiful block on Chestnut Street. It's probably the most developed and best looking block of it all -- is a take-out restaurant, which is against our overlay, and 95 05/26/04 - RULES - BILL 040336 it's painted bright yellow. Very sad. And, you know, the question to us is, that we went through City Council, went through all this trouble, how did they get to be able to even open this? And what it really basically is, is it's an over-the-counter situation. They don't go to Zoning, and by the time it gets done, it slips by us because the windows are usually papered in while they're doing the work. And it becomes a big problem once its done to undo it. I guess our problems are just like the residential ones, but our goal is nothing more than to try to enforce this overlay and try to make these two long blocks from Broad to 21st as destination points for visitors, for residents, something that would have diversity and people would be proud of. City Council has backed us, but along the way it's not happening. And it's not happening too many times. It seems that the more legitimate businesses are going through Zoning, even though maybe it's what our overlay is about. 96 05/26/04 - RULES - BILL 040336 And some of these sleazier businesses are going and getting these over-the-counter permits to do work. But in most cases I think they realize that they're really not allowed to. I don't think it's a fact of ignorance on their part.

I think it's an intentional misrepresentation, and it seems to be pretty easy to do. So that's our problem and that's what we're coming to you with. It's very similar to your residential problem. Thank you.

Thank you for coming in to testify. Cory, do you want to add anything to what this man said?

Sure. Cory Cutler, Rittenhouse Row. Essentially, what we're for is just to retain our voice in the political process. The over-the-counter permits are basically taking away our ability to protect and preserve and promote the kind of neighborhood that we wish to retain. So we're asking for your support to change that policy. 97 05/26/04 - RULES - BILL 040336 Thank you.

Thank you very much. Are there any questions of these witnesses? The Chair recognizes Councilman Mariano.

You may have answered my question. This take-out you were talking about, you were saying they had an over-the-counter variance or they just didn't do anything?

To our knowledge it was an over-the-counter permit.

And when you call L&I or you call Councilman Clarke or Councilman DiCicco, whichever one, and you say, I'm not sure about this, and they get back to you with information, is that place still open?

In our conversations with some people who we have spoken with, we're pretty much told that it's really a hard situation to overcome once it's done. And 98 05/26/04 - RULES - BILL 040336 it's almost like the reality of it is that if it can done and slip by us, then it becomes a process, a legal process, and the legal process can be drawn out with attorneys for quite a period of time, which is in the favor of the person that has done it. One of the problems, to be frank with you, that we have as an organization is we have a very active organization. We do the spring festival, we raise a lot of money within our businesses, but we just can't afford the legal fees to start to go up against every one of these situations. We're right now for the first time -- maybe not the first time, maybe the second time -- we are going up against a ruling that did take place. It is expensive. It's something we just don't have the ability to do.

So this legislation that the Councilman is proposing is probably going to end that for commercial districts?

Yes, it would. It would be great for us, as a matter of fact. 99 05/26/04 - RULES - BILL 040336

Thank you. Any other questions from Members of the Committee? (No response.)

Seeing none, I thank you. Our next witness.

Alan Rubin.

Is Mr. Rubin here? Good morning and welcome.

Good morning, Madam President and Members of Council. My name is Alan Rubin, and I live in the Spring Garden area. I've been there for 36 years now. I'm the chairman and have been for the whole period of time of the Zoning Committee of the Spring Garden Civic Association. We have a related problem to the issue in front of you. As you all may know, the Spring Garden area many years ago was basically an area with many, many abandoned buildings, houses. There were multiple unit buildings. They were 170 years old. They had 100 05/26/04 - RULES - BILL 040336 outlived their lives and they were either boarded up or vacant with no tenants. We rezoned in 1974 reaffirming the residential nature of the neighborhood, and shortly thereafter I, as chairman, decided that since an abandoned building -- they all had variances for multiple units, six, seven, eight units in these buildings. We filed affidavits. Actually, Judge Dych, who's now a judge, was a signatory on the affidavits, 60-some affidavits on vacant buildings indicating that they had been empty for an extended period of time. The variance lapsed, if there was one. And he took an affidavit, effectively filed it in the L&I files of those buildings to protect someone from coming in and saying, it's an occupied building, and getting variances. We were trying to promote single-family homeowner occupancy. It worked very well for a number years. Until one day we saw some buildings being redone that we had filed affidavits on, and low and behold, when we checked, the affidavits were missing from the files. Apparently expediters had gotten 101 05/26/04 - RULES - BILL 040336 the files -- in those days L&I handed the files to whoever came in -- and removed the affidavits. So we had to go through all the affidavits again. We had copies and we wrote them indelibly on the inside file folder. So that was eliminated. We still have the problem, however. There's a building presently that we're dealing with, 613 North 18th Street. Someone went in, an expeditor went in -- it was a six-unit building. They got a permit for six units, a greater number than was allowed. We did not file an affidavit on that building. It was one that we forgot. There may be others that we forgot. They got an over-the-counter permit and they started to build. Before they did that, they also went to the Historic Commission -- because it's historic now -- and they indicated that they would restore the bay in the back with the fish scale shingles and two windows and the entire thing. They got a building permit and proceeded to tear down the entire rear of the building with a permit, with a demolition 102 05/26/04 - RULES - BILL 040336 permit. Basically what I'm saying, there are holes in the system. There were no 5 postings because they didn't a variance. They got this over-the-counter. And this is the kind of thing -- and it's always the worst developer, if you call them developers -- the worst builder who will do this. Others come to us. But no neighborhood is more intense and concerned than we are. We've gone through all of this effort over the years and still this happens. What would happen in Fishtown? What would happen in an area that doesn't have people who are so committed like I am and some other people are? We watch this like a hawk and it still gets through. I think this is a City-wide issue. It does not just apply to commercial. It applies to residential. And I do think whether it's this bill or something else, I think the panel should be aware of this ongoing problem. It's always negative for neighborhoods. Thank you. 103 05/26/04 - RULES - BILL 040336

Thank you very much, Mr. Rubin. Are there any questions of our witness? (No response.)

Thank you again for coming in. Our next panel of witnesses will be?

Arlene Fields, Rodmell (ph) Griffin, Una Vee Bruce.

Good morning.

Good morning.

Welcome. Kindly identify yourself for the record. MS FIELDS: Good morning. I'm Arlene Fields. I'm the Committee Woman for the 43rd Ward, 24th Division, and I've been a resident since 1974 in the area. First of all, thank you for allowing me the opportunity to come before you and testify. I'm here concerning the over-the-counter permits. I live a community when I moved in in 1974 was a very beautiful 104 05/26/04 - RULES - BILL 040336 community, and because of some of the things that are going on, it has started to go down and we're trying not to let that happen. On the corner of Broad and Pike for years has been a cleaners. For the last five years the bottom part of the building, which was the cleaners, was vacant, but the owner lived on the second and third floors. One of our community residents volunteers to keep McFerran Street side clean from Broad Street to the dead end. And it was in October there was some gentleman and a lady standing outside of the building, and as Committee person, I thought it was my responsibility to find out what was coming there. And they politely said they couldn't speak English and ignored me and began to talk. I called Councilman Clarke's office to find out what was going on, and at that time I was told that I had to wait until it would go to Zoning. Two weeks later, a two-foot by three-feet sign was put on the window. It was written in Chinese, so no one in the neighborhood knew what was going on. 105 05/26/04 - RULES - BILL 040336 As time progressed, work began on the building and they began to demolish the building or do some interior demolition. I asked the workers, what's going to be here? And they said, a Chinese restaurant. We said, in this community we do not need another Chinese restaurant. Again, I contacted Councilman Clarke's office, and at that time was again told that I had to wait until they went to Zoning before anything could be done. Work continued to progress. And I have pictures here of some of the work. And I was in construction for nine-and-a-half years, so I am aware of how some things should be done. In checking to find out, the permit they had was to install a new kitchen and to install duct work. Well, in the process not only did they install a new kitchen and new duct work, they completely redid the front of the building. They tore the old front down and then they built it back up with cinder block. In the building there were spaces about four or five inches between each cinder 106 05/26/04 - RULES - BILL 040336 block. Once the concrete dried, they covered it with black, shiny tile, which meant not anyone walking around could see that, but because I knew construction and saw that it was shoddy, they covered it quickly. What you're looking at are pictures of a ramp that was built with concrete block, and you'll also see at one point there's a large space in between there, and it was left open for a while. Now, New Year's morning about 2:30 in the morning we were coming in from church, New Year's night service, and the workmen were putting up a sign out of the awning 2:30 in the morning. They poured concrete sidewalk at 1:30 in the morning. They do all of the work when there's no one around to see what's going on. I called the gas company because the meter for years since I've been there had always been in the basement, and I felt that it should have stayed in the basement since they're now going around in the truck reading the meters. The meter was put on outside. 107 05/26/04 - RULES - BILL 040336 They went in the basement, dug it, put it up outside with all the posts. Now, we are in an area where there are a lot of children, and unfortunately we have drug activity in the area on one side of the Pike street area. To move further on, what has happened, I complained about that. The gas company said, we do it for new buildings. I said, this is not a new building. I've been here since '74. Nothing has changed. Well, we have permission from L&I.

We've had other new buildings and new businesses coming in the area. I did a survey from City Hall to Cheltenham Avenue. Out of all the new businesses and new fronts that have been put up, there are only two meters that are gas that have been put on the front, and that is the one Chinese restaurant on the corner from where I live and the other one on Allegheny Avenue near Broad. And I was disgusted with that. When I called L&I again and said we wanted something to be done with it, they said they could do nothing. But mysteriously the 108 05/26/04 - RULES - BILL 040336 owner of the restaurant put up a railing -- and you'll see the first railing where the spokes are very wide. So I called and complained. I said, how dare you go and do that. So then again I called and complained to L&I, and this time -- as you'll see there's another set of railings with smaller spokes, which was supposed to satisfy the neighborhood. We're not satisfied. One of our biggest concerns is that we are yet waiting for it to go to Zoning. But unfortunately for us and fortunately for them, they're open already doing business. The business is flourishing. And what we did not want to happen is happening. The drug dealers are sitting on the side. Then the restaurant has boxes of discarded grease sitting on the side of the building, and they're emptied, the grease boxes. They're just all on the side of the building. I didn't get an opportunity to download that on the computer, but you would have had that also. I'm just disgusted and frustrated 109 05/26/04 - RULES - BILL 040336 that a community that's trying to bring it back to where it should be is being ignored. They are able to come in, open up their business and not go to Zoning. There's trash that stays out there. Our neighbor who's the one that volunteers to keep the street clean, she got on him, I think it was just before our trash day, Monday, and said to him, clean up your trash. So there were literally bags 11 of green trash bags that he filled with trash 12 that had been sitting in the yard and on the 13 sidewalk. Getting a permit over-the-counter was disgraceful because the community did not want another Chinese restaurant. That's 3901 North Broad and 1355 Pike Street. So it's a corner property. In the 3700 block of Broad Street there's another Chinese restaurant. In the 3700 block right near Venango is another Chinese restaurant. Standing from the corner we can see in a row three Chinese restaurants. That is just too much. That is not what we needed there. We're trying to bring the community back to its original state, and we 110 05/26/04 - RULES - BILL 040336 cannot do it with constantly having businesses come in that do not come before us to find out what we want. We are important. We pay our taxes. I am a resident there, and I always say, I choose to stay there. I choose to stay there. And I think something needs to be done to stop this from going on. They're ignoring the residents. It's as though we do not exist. And we do. And we have a plan for our neighborhood, for our community. It does not seem like there is anyone else that is just as concerned as we are.

I don't mean to interrupt you. I just want to get something clear in my own mind. You indicated that you did in fact call L&I on several occasions?

Yes, I did.

Was an inspector ever sent out there? We'll ask the deputy or the Acting Commissioner. Did they ever issue a cease and desist order? 111 05/26/04 - RULES - BILL 040336

No, President Verna. There was no cease and desist order. We continued to look for the zoning notice in the window. We called about that. What we saw in the window was a copy of a permit that they only had to do the kitchen and the duct work.

But they went far beyond that.

They went very far beyond that. Then they had a roll-down gate. Once the roll-down gates came up, we knew nothing was going on the inside.

Thank you very much. Our next witness is?

Good morning. My name is Rodmell Griffin, and I'm the Executive Director of Hunting Park Neighborhood Advisory Committee. I want to thank Councilmembers for allowing me to present a brief testimony opposing the over-the-counter permits issued by L&I. I'm going to very, very brief and just state that over-the-counter issuance of 112 05/26/04 - RULES - BILL 040336 permits by L&I puts the community in conflict with some of the business developments. For example, within our community, within the 3600 block of North 5th Street, we had a restaurant owner who obtained an over-the-counter permit from L&I to expand his business. The expansion of the business was to occur in the rear of the property, which meant that the customers would have to go to a building in the back of his existing business that seated approximately 50 people. Now mind you, the community was not informed that this restaurant owner wanted to increase the number of people that he would service. We don't have a problem with business development. We think that it's a plus for communities. Economic development is what causes the community to thrive and become stabilized. However, we have a problem when we have people that ignore the law. Many times when you find L&I issues permits, it does not clearly inform the applicant of what is required or the applicant conveys to the community that it does not understand clearly 113 05/26/04 - RULES - BILL 040336 that it could not do X, Y and Z. In this instance, the applicant erected additional space and had his staff people to prepare the foods, hot foods, that they would walk down five steps and take to the back of a building. That's from my desk to your space. No sanitary conditions there where people could wash their hands. And inside of the existing establishment the wall of the restroom was seated against the chair where the customer was eating. Now, it would seem that me that there were health problems even related to the existing business, nonetheless giving him a permit to expand his business. That's just one instance. Another instance is when the community is brought into the situation by a resident who is complaining. Now, we're on the side talking about, we want to see business development. We want to see the community become organized and actively participating in developing the resources for that community. Here we go. Going to the zoning hearings with the applicant expecting 114 05/26/04 - RULES - BILL 040336 for the community to support the business and the economic viability of the community, and the community residents expecting for the organization to support them because we should have been informed that this particular development was taking place, and we should have been able to convey that to at least the block captains within that immediate area. So now what happens? We're caught in the mix of this. Over-the-counter permits should be stopped. There should be a process in place where any permit that is given that involves people -- and I'm talking about the businesses. I'm talking the community residents. I'm talking about organizations. It should be done in a fair process that allows for interaction between the developer and the community. The only place that I know that this happens thus far is at the Zoning Boards. It seems to be a place where the community can come in and can interact with the developer and talk about what makes real sense for the developer, for the community, and find a common ground where there can be 115 05/26/04 - RULES - BILL 040336 negotiating, revision if needed and even approval. So my support would be that of the Zoning Board, being the responsible agency that would issue any kind of certificate or permits that involve development within communities. We are on record as opposing L&I to continue to insult the community by issuing permits over the counter.

Thank you, Ms. Griffin. Ms. Bruce.

Good morning. My name is Una Vee Bruce. I'm from the Francisville Community Development Corporation. We are very opposed to the over-counter permits because we are an upward mobile community right now, and I think we must be the hottest community in the world, that everybody is coming there to build on lots and things of that nature. We've had a situation that we're concerned about the over-the-counter permits because a person took a single family dwelling, converted it into a duplex and 116 05/26/04 - RULES - BILL 040336 proposed to put a coffee shop all in the same single family dwelling. They were allowed to do the two units, but they weren't allowed to open a coffee shop. The other thing we're concerned about is when developers come in and they get the permits that -- we just almost had a tragedy on Saturday, that in the 800 block of 20th Street a developer came in, did the excavation. No one knew what was going on. As a result, he hit the building. Two families have been relocated, but the building fell on Saturday. The other thing is that when there is buildings and they're in a stage of demolition, there is a group of men that go by. They buy these buildings, stop the demolition and leave the buildings open until they can secure enough money or whatever else is going on. But all of this is done with over-the-counter permits that they're able to do. Our community has been working and planning over 30 years, and you can see the 117 05/26/04 - RULES - BILL 040336 development in it. But these kind of negative things are really having a very bad impact on what's going on. And we need to have more knowledge of these over-the-counter permits that's going on because Zoning gives us a better voice into what's going on. One of the greatest things that we have now is that there is a trend on the vacant lots, that people are proposing to change the whole fiber of the neighborhood. Our houses are usually three stories or two stories. They're proposing four stories with garages, which is a height issue as well as a density issue. We're just saying that once communities are thriving, generate a tax base, that community people need help in overseeing and policing what's going in these established neighborhoods. Thank you.

Thank you, Ms. Bruce. Ms. Fields, in your earlier testimony you talked about a particular building where an individual got an 118 05/26/04 - RULES - BILL 040336 over-the-counter permit for some very specific work, duct work. Is it your contention that that opened up the window of opportunity for this individual to construct and reconfigure and add additions to the building? And had that person not been able to get that over-the-county permit to initiate some activity in that building, they would have not been able to do the additional things that were done?

Correct. They would not have been able to continue. As I said earlier, they did get it for two things, and that was clearly displayed in the window. And they just continued on. They continued to do what they wanted to do. By them having the permit and it just saying everything was okay, they didn't have to do anything. So they just went on to do and open up the restaurant.

So essentially the concerns that have been raised, based on what I'm hearing, is that there is no process, notification process, as it relates to over-the-counter permits. There is 119 05/26/04 - RULES - BILL 040336 essentially no monitoring associated with what is allowed with the over-the-counter permit.

Absolutely no 5 monitoring. Along those lines, had there been a process that they would have go for each individual type of construction they wanted to do, and had it gone to Zoning, we would have tried to stop it because we didn't want it. But there was never anyone there from L&I to oversee their putting in the concrete. There was no one to oversee the steps, nothing they were doing. There was never a person from L&I. And one of the reasons was because it was done in the wee hours of the morning. So that was just one of the things that was really of great concern. That over-the-counter permit just does not allow anyone or does not give anyone the opportunity to even monitor it.

We actually had a situation recently where actually L&I was supportive. I had to personally get involved. When a person actually did get a zoning variance and there was a proviso that a 120 05/26/04 - RULES - BILL 040336 particular store on 29th Street in the Strawberry Mansion area was supposed to close at 12:00 and they continued to serve food in the wee hours of the morning out the back door. And I had to actually call Commissioner Solvibile from the site with a number of residents in my ear giving me wholly heck. And fortunately I was there. I was able to contact the Commissioner, and the Commissioner had, I believe, a special task force that they had that works during the wee hours of the night, and that task force caught them, frankly speaking, in the act. And they have been shut down for more than two weeks because there were a substantial number of violations, not only based on the zoning provisions, but based on other health code violations. Unfortunately, the likelihood of me being able to be in every store in every neighborhood and to be able to reach Commissioner Solvibile on every occasion and have that task force is pretty unlikely. So I think we need to have some mechanisms in place 121 05/26/04 - RULES - BILL 040336 to monitor these activities.

In seeing that this store stays open until 3:00 in the morning, is it at all possible that we or I can have a number in which we can call to help us to make this a better situation?

Other than my number?

Well, you're so busy. We need to have some sort of control in keeping our neighborhood or helping our neighborhood go back to what it was.

Councilman, I'd like to add that I'm a former staff member of the Managing Director's Office. One of my major tasks was to serve as a liaison between the City and its neighborhoods. And working out of the Managing Director's Office, I was often involved with L&I issues, and of concern during that time was that have sweat shops. You don't hear very much talk about sweat shops today. Nonetheless, most of those permits that the applicants received were over-the-counter permits issued by L&I. 122 05/26/04 - RULES - BILL 040336 I don't need to really elaborate on sweat shops and how the deplorable state that the workers worked under and the negative impact that it had upon the communities, but I'd like to just go on record to say that that L&I is the same department with the same policies of issuing over-the-counter permits that negatively impacted and still impact upon the neighborhoods.

Thank you. The Chair recognizes Councilman Kelly.

This facility that they're building, this Chinese restaurant, was there ever a hearing, was there a variance necessary from L&I? In other words, did they have to go to the Zoning Board and ask for a variance?

No, they didn't. That's what we were waiting for, to see the zoning posted.

There was no 24 posting of any --

There was never a 123 05/26/04 - RULES - BILL 040336 posting. And from '74 up until they just opened, there had always been a cleaners, never a restaurant.

Well, I'd like to address Commissioner Solvibile about that. Because I think that's one of the things that I know they're very, very diligent on, is that they would go in there with an army of L&I inspectors and stop it. I'm just curious about why this activity was allowed to go on without the proper notice or without going to the Zoning Board and asking for that variance, which would enable you as a community group to go and oppose or support it. Commissioner Solvibile, I have a question for you.

I'm bringing up my expert.

Commissioner, are you familiar with this facility that this young lady is speaking about?

No. For the first time I personally heard the story today. My response would be that I agree 124 05/26/04 - RULES - BILL 040336 that a neighborhood should not have to live -- I'm Robert Solvibile, Acting Commissioner of Licensing and Inspections. I'm in agreement that people should not have to live with construction at 1:30 in the morning. There are laws that regulate that. As Councilman Clarke just stated, we will be aggressive when we know about this. Licenses and Inspections is required to have an emergency duty inspector on call 7/24. It's a building inspector that's assigned that reports directly to the Deputy Commissioner.

I'm just curious about why --

And they can be called to stop that activity and they would. Basically what would happen, they would go there at 1:00 in the morning, bring the police with them and stop the activity. It's as simple as that.

I'm just wondering why they weren't -- actually if they are supposed to go before the Zoning Board and 125 05/26/04 - RULES - BILL 040336 ask for a variance, since it was a cleaners at one time and now it's going to be a Chinese restaurant.

Good morning, Councilman, Members of the Committee. My name is Dave Perri. I'm the Deputy Commissioner for Construction Services. It's very likely that if it's zoned strictly as an eat-in restaurant, that it may be permitted in that location. So that would be the type of permit that we could legally issue over the counter. Now, if they're doing take-out activities at this restaurant, that's something that always has to go to the Zoning Board, no matter where it's located in the City. And if in fact they're doing take-out at this location -- we're looking at the zoning records right now -- we can issue a cease operations if they're operating outside of the limits of their approved zoning. So if they are in fact doing take out and did not go to the Zoning Board, we would be take the action of issuing a cease operations. 126 05/26/04 - RULES - BILL 040336

Also from my perspective, Councilman and Members of the Committee, I will look into why the complaint that the lady said she made and was told that they have to put a sign up was never dealt with. I will look into that and give a report to the Council Chair and Members of the Committee.

They are doing take-out. It is a take-out restaurant. And so that they can take out and eat in, what they do is they put two tables and two chairs at each table, but it is a take-out because the bulk of their business is take out, and the sign clearly says, eat in or take out.

Deputy, in addition to the take-out nature of that particular operation, based on these pictures, there also has been exterior alterations to the property. Shouldn't that require a variance? You can't get an over-the-counter permit to add additions to the property beyond the property line, can you?

We're looking at 127 05/26/04 - RULES - BILL 040336 department history right now. If there's alterations to the exterior, that would need a building permit. In most cases, exterior alterations, facade changes, did do not need to go to the Zoning Board or need to go to any other agency for approval. There are certain areas of the City where there's overlays and facade controls, but I do not believe that area of Broad Street has a facade control, so it would be a simple building permit. But we'll check to see that they have that permit.

And that is one of the problems that the community is faced with. Instead of the community being proactive in its approach to addressing development within its community, we become reactive because we do not get the information in a timely manner. And because there is a lack of communication between L&I and the communities, then it presents a problem for us. So when there is a need, we find ourselves becoming reactive and going to the Zoning Board for a place for our concerns to be heard. Rather, if there is a process in place and a systematic approach to 128 05/26/04 - RULES - BILL 040336 dealing with the issuance of permits, and it would be that issuance coming from the Zoning Board, then we feel that it will eliminate conflict and confusion, not only for L&I, not only for the developers, but for the community as well.

I can just tell that I think with the two gentlemen that are sitting with you right now, that I think they're very, very efficient and I think that matter is going to be solved very quickly. I'm sure of that.

As I said, I would be in total agreement with the community knowing everything that we humanly can give them. But our problem would be that someone can legally get by right -- I don't know that we can deny an over-the-counter permit because by right they can get it. Now, as far as the other situations, it seems to me that the permit -- and I'm not saying it is because I don't know the zoning -- let's say they could have an eat-in restaurant in that area, but as Deputy 129 05/26/04 - RULES - BILL 040336 Commissioner Perri said, they cannot do take out without going to Zoning. They are doing over and above what they said they were going to do on their permit; therefore, we have to come and step in and say, no, you're not going to do that, and stop this activity.

I appreciate it, Commissioner, if you would look into it. Thank you.

Thank you very much.

Thank you for your testimony. Is there anyone else to testify on this particular bill? (No response.)

Commissioner and Deputy, I need you to do something for me, if at all possible. First, I'd like to say, thank you, Commissioner, for taking care of that situation on 29th Street with the restaurant. They're still closed. You guys did a good job. With respect to this particular 130 05/26/04 - RULES - BILL 040336 bill, I understand the concerns raised by the Planning Commission and the Department of L&I, creating an additional level of quote/unquote bureaucracy as it relates to zoning hearings, and I'm to some degree sympathetic with respect to what they could potentially create. But I have consistently, through my staff, voiced some concerns about the over-the-counter permitting process and the inconsistencies associated with it. I wanted you to hear some public testimony beyond what I say. I purposely selecting different sections of the City, understanding that the substantial amount of the testimony does not necessarily relate to this particular bill 18 because it deals with the core commercial corridors. But once we initiated the bill 20 that dealt with the Center City commercial corridor, people were made aware of it and they quickly made it known to us that there were similar problems, both as it relates to residential and as it relates to commercial operations in the outlying neighborhoods, and 131 05/26/04 - RULES - BILL 040336 that will obviously increase the level of requirement on the Zoning Board and L&I. What I'd like to do, with the support of my colleagues, is to report the bill out of Committee because unfortunately -- I see Ms. Gatzmer in the rear saying no, which makes me definitely want to report it out of Committee -- understanding how things work around here -- and I actually learned this from some of my senior colleagues, not necessarily in age, but in terms of tenure -- that a bill sitting on the calendar sometimes creates the necessity to come up with a solution to the issue short of legislation. I would like to see, if at all possible, if folks from the government can come up with a process that is something short of zoning notification, but gives community residents, both in Center City and in the outlying neighborhoods, some sort of a process that they can have some notification of an action that is being taken over-the-counter. I right now don't know what that is. I have been given a couple of recommendations by my 132 05/26/04 - RULES - BILL 040336 legislative assistant and I'm more than willing to make him available to you. But I've got to have something that creates an environment where people feel that they have some say so in their neighborhood. Because these over-the-counter permits are killing me, particularly with the level of inconsistency as it relates to the issuance.

Some of what I believe I'm hearing today, Councilman, is that we issue the permit for what can properly be there in that community, but people are going over and above and beyond, and just in general not being good citizens. That's one issue, I think, that we can effectively deal with. One of the other things that Deputy Commissioner Perri has instructed the building inspectors in our district, as you know, there's a requirement that permits be posted on the front of buildings so people know what is going to go there, where it's easily readable by the person. And if it's not being done from now going forward into the fiscal year, the building inspectors have been 133 05/26/04 - RULES - BILL 040336 instructed to write a code violation notice against that builder, so that's notification. It's not maybe what the community wants a hundred percent, but to know they can't have a take-out restaurant. Take-out restaurants become known after the fact when they open the store and are doing business. So what I'm trying to say is I hear what the community is saying and I understand they are concerned where they live, as I have for my neighborhood and everybody should have. But the solution has to be a better solution in this bill. It would add just four months to anybody going in front of the Zoning Board, which would be, as you know, just a big problem. And if we can work together to come up with a common ground solution, myself, Dave, and Ms. Gatzmer will go along.

I consider myself to be reasonable. It is an issue I am frankly somewhat frustrated with. I have to continue to contact the Department or have Ms. Harris in my office contact the Department every time one of these over-the-counter are 134 05/26/04 - RULES - BILL 040336 issued. One, the situation that you just mentioned where people have gone far and beyond the authorization by that over-the-counter permit. And, two, that over-the-counter permit is inconsistent with what it should be as it relates to the particular zoning classification or the overlay. And three, the level of inconsistency in the Department, where I personally have seen two buildings that came in for a comparable use and comparable-sized buildings and one person was told they have to get a variance and the other person was given the over-the-counter permit. The only thing that was different was the location, but it was within three blocks of each other. That level of inconsistency makes no sense to me.

As far as the one point -- I'll let Dave answer the third point. But the second point, the beautiful thing about the Zoning Code is, right now even if it's a permit that can be issued over-the-counter for a change of use, the 135 05/26/04 - RULES - BILL 040336 zoning is allowed -- there's an appeal allowed to the Zoning Board that can virtually stop that work from going on until it's heard in front of the Board. That's available to the communities right now. That's an issue that we discussed the other day that in some cases can work well for communities. I'd like Dave to answer the other point.

Councilman, regarding the inconsistencies in the zoning review, I just want to state for the record that the Department does not and will not tolerate inconsistencies on similar applications. But what we often find as we investigate some of these particular cases, is that there's something particular about a given address that causes us to have reason to review that differently from a property that may be two blocks away. It may be even next door. Maybe there was something about the history. Maybe there was a recent permit. Maybe the yard is smaller than the yard next door. There's an almost infinite number of reasons why a permit 136 05/26/04 - RULES - BILL 040336 may be issued at one location and not be issued in another. To address the issue about involving the community, one of the goals of the Commissioner's program to computerize the department is to have all our permit records available on-line, available to the Council districts. You can split them up by zip code, you can split them up by your district and have real time information on the actual permits that were issued. As soon as we issue a permit, you'll be able to get a report on that and keep track of the various activity going on in your Council district.

Via the Internet anyone could get any public information that the Department has available. They can get it via the Internet, other than who made the complaint, which is something that we do not give out.

Councilman DiCicco.

Thank you, Councilman. 137 05/26/04 - RULES - BILL 040336 I just have a technical question. I understand all of the issues involved with communities because I have similar problems. We all have the same issues. Enactment of this legislation or the voting of this bill out of this Committee, what precedent does that set for applications that are either pending, that are not related to the issue in which we have concern for? What, if any, implication will it have?

When a bill is voted out of Committee it falls under the doctrine of pending legislation. So any applications that come in after that's voted out of Committee will be treated as if the ordinance 17 is law. So we would start sending all applications in C-4, C-5 to the Zoning Board on either a refusal or referral basis.

I was aware of that. I was told that earlier.

I had experience years ago, before I was even a Councilperson, with some zoning classification changes that were with the support of the 138 05/26/04 - RULES - BILL 040336 community where developers wanted to do something, but because it was voted out of Committee, that really becomes the basis for the determination, whether it's law or not, even though it's not yet been fully passed by us. So I have a concern that if an application is out there for something that we all agree on to support, will that cause a hardship?

I understand.

Councilman, I would be willing to commit as long as I am in my present position and even after -- I intend to go nowhere -- to work with you and any community to have department staff available that will work with communities to get a solution to this problem.

Can I do this? We have a Rules Committee hearing on June 9th. If we can hold the bill until June 9th, give you guys an opportunity to come up with something, assuming in that time, we'll be in a position to submit something that makes some sense that can put people at somewhat of a 139 05/26/04 - RULES - BILL 040336 comfort level. Is that fair?

Absolutely, Councilman. Very fair. Thank you.

You and I, we're on the same page about the issue here, but I'm just concerned that we may be going so far out that other applications are going to be negatively impacted.

I understand. Thank you, Councilman.

The Chair recognizes Councilman Cohen.

Would the L&I Commissioner or somebody authorized to do, that whenever a request comes in for the grant of an over-the-counter permit, that notification go out to approved groups that the Commission may have knowledge of in the area, saying that a request has been made by so and so for such and such, and unless we hear any allegation of illegality or fraud or something like that, this permit seems to meet the requirements and we're going to grant it two weeks from today so that neighborhood 140 05/26/04 - RULES - BILL 040336 groups would have an opportunity before action was taken? They'd know that there was action before they got involved in a battle with L&I. And they would have an opportunity that would, I think, protect the L&I and might be of very great use to communities to stop something before it happens. Do you have the power to do that now without any further laws?

I don't want to shoot myself in the foot, but I'm not at all sure that we would have that power. I have no 13 problem with the suggestion of notifying the community because somehow, some way that needs to be a part of it. But to say that I and/or the Department can delay the issuance for two or three weeks, I'm not sure. Between now and June 9th we'll be prepared to answer the questions.

That would be very good. Thank you.

Thank you. Any other questions or comments from Members of the Committee? (No response.) 141 05/26/04 - RULES - BILL 040369

Thank you very much. The next bill to be considered is Bill No. 040369.

Bill No. 040369, an ordinance amending Chapter 14-1600 of The Philadelphia Code entitled, "Miscellaneous," by adding a new section prohibiting the demolition of buildings or other structures located within the area bounded on the north by the south side of Locust Street, on the west by the east side of 5th Street, on the south by the north side of Washington Avenue, and on the east by the Delaware River, and providing that such prohibition shall expire after a specified period of time, all under certain terms and conditions.

Good afternoon, Madam President and Members of the Rules Committee. My name is Thomas Chapman. I'm here to testify today on Bill No. 040369. This bill was introduced by Councilman DiCicco on April 15th of this year. This bill amends Chapter 14-1600 of The 142 05/26/04 - RULES - BILL 040369 Philadelphia Code by adding a new section 3 prohibiting the demolition of buildings located within the area bounded by Locust Street, 5th Street, Washington Avenue and the Delaware River. Demolitions would be prohibited unless it is necessary to abate an immediately dangerous condition. The provisions of this ordinance will expire one year after the bill becomes law. It is our understanding that this bill was introduced in anticipation of the enactment of Bill No. 040156, the Neighborhood Conservation District legislation. Once that bill has been enacted into law, this neighborhood would be the first Conservation District. The Planning Commission at its meeting of May 18th, 2004 recommended that Bill No. 040369 not be approved consistent with the recommendation regarding Bill No. 22 040156. That concludes my testimony. I'd be happy to answer any questions of the Committee. 143 05/26/04 - RULES - BILL 040369

Thank you. Are there questions from Members of the Committee? Councilman DiCicco.

Thank you, Madam President. I just want to repeat for the record that earlier this morning there were a number of residents from the Queen Village community who were here to testify on Bill 040156, and part of their testimony had to do with this bill before us, as well. So rather than go through all that again, I let them know that it was okay for them to leave, but it's already in the testimony. Thank you.

That's fine. Thank you.

And I do have an amendment to that when we get into the public meeting.

Fine.

I'm sorry. Madam President, we do have a witness. I apologize. 144 05/26/04 - RULES - BILL 040369

Fine. Please approach the witness table. MR. COSMAN (ph): My name is William Cosman, and I'm a resident of Queen Village. You have my statement in your record, but I will refer to it also. I'm here to speak in support of a moratorium on demolitions which harm the historic nature of Queen Village. I'd like to talk to you for a few minutes about my ideas for the development of Queen Village, some facts about Queen Village that have been brought up, but I think bear repeating in the way I'd like to state them. And I'd like to give some ideas about what I think is the intelligent development of Queen Village. Concerning the goals for development of Queen Village, I think we should strive for intelligent development that enhances the quality of life of residents of our village and retains the very factors that underpins the village's value to the residents and also to the residents of the City of Philadelphia. We should not destroy the very historic nature 145 05/26/04 - RULES - BILL 040369 that is one of our village's and one of the City's true assets. Queen Village's value is tied to significant historic nature and supported by these facts. Queen Village is the oldest part of the City of Philadelphia. Queen Village has a unique historic nature retained in homes and other buildings with unique architecture and design. That unique architecture and design contribute to the quality of Queen Village's residents and also contributes to the economic well-being and development of Queen Village and of the City of Philadelphia. Queen Village is one of the few historically important parts of the City that is not a Historic District, a status that could safeguard our unique architecture and design. Right now we are seeing a wave of new construction, new renovation, new condominiums and tracts of homes in Queen Village, and received rapid increases in real estate prices. Because of these factors, I believe Queen Village and the City of Philadelphia are 146 05/26/04 - RULES - BILL 040369 facing a critical decision that will have an impact today and for years to come. That decision concerns a moratorium on demolitions of homes and other buildings in Queen Village. If we fail to enact a moratorium and provide protection before Queen Village can be declared a Conservation District, we will continue to see the rapid development that favors outside investors and developers over the residents of the Village and of the City. We see the evidence of this irresponsible development right now on our streets. The demolition of historic homes and other buildings and renovations that ruin historic facades with garages and uncharacteristic styles. Most of these projects have the goal of rapid profits for people who then simply walk away from our village. If we grant a moratorium, we will give time to protect the history of our village and of our City before our village can be declared the status of a Conservation District. We will be supporting intelligent development that retains the nature of Queen 147 05/26/04 - RULES - BILL 040369 Village and safeguards our history. With a moratorium, historic buildings and streets can be safeguarded. New construction, when it's appropriate, will retain the nature of our neighborhood. This path is best for Queen Village's residents for the long-term economic development of Queen Village and the City of Philadelphia. History that is destroyed can never be restored. Once our historic buildings, streets, and neighborhoods have been broken it can never be fixed again. I'm asking you, please help save our history and support the intelligent development of Queen Village and of the City of Philadelphia. I'd like to make just a few personal comments. My wife and I moved to Queen Village a little more than two years ago. We moved from the suburbs, from the Main Line.

We came to Queen Village because of its diversity, the richness of its art and culture and also because it is an absolutely wonderful place to walk, where neighbors know each other and people can stroll among beautiful historic 148 05/26/04 - RULES - BILL 040369 buildings. I would hate to see that lost. I view Queen Village as a gem, and once a gem is allowed to be cracked and chipped on its edges, at a certain point it loses its value. I do not want to see that happen to Queen Village. I urge the Members of the Council to approve this moratorium legislation, and I'd like to thank you for the opportunity to speak before you. Thank you.

We certainly thank you for taking the time to come in to testify. Thank you so much. Do we have any questions of this witness, or comments? (No response.)

Do we anyone to testify on this bill? (No response.)

Seeing none, this will conclude our public hearing. - - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING 149 COMMITTEE ON RULES - - - - Wednesday, May 26, 2004 - - - - Public meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040156, 040336, 040369. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILMAN DAVID COHEN COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILMAN RICHARD MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN 150 05/26/04 - RULES - PUBLIC MEETING

We will now go into our public meeting. The Chair recognizes Councilman Clarke regarding Bill No. 040156.

Madam Chair, I believe there is amendment.

There actually are three amendments, I believe, that will be introduced by Councilwoman Brown. They're not hostile amendments, so I certainly support those.

The following two sections shall read as follows: Section 15 14-1203(5B), contain the signatures of at least 30 percent of all property owners and at least 30 percent of all owner-occupied housing units located within a proposed NCD. So it would therefore raise it from to 30 20 percent. Secondly, Section 14-1203(8), "the Clerk of Council shall submit any proposed ordinance to create an NCD to the Planning Commission and the Historical Commission immediately upon its introduction. The 151 05/26/04 - RULES - PUBLIC MEETING Planning Commission and the Historical Commission shall then submit their recommendations on the proposed ordinance to Council, provided that Council shall not be bound by such recommendations. The approval of the Planning Commission and Historical Commission shall be presumed unless the recommendations are received within 60 days after introduction of a proposed ordinance." So we are therefore changing it from 30 days to 60 days. And Councilman DiCicco would like 14-1206(6) deleted.

Thank you. That's all.

Move for the adoption of the amendments. (Duly seconded.)

It has been moved and seconded that the amendments be adopted. All in favor will signify by saying aye. (Aye.) 152 05/26/04 - RULES - PUBLIC MEETING

Those opposed? (No response.)

The ayes have it. The amendments are adopted. The Chair again recognizes Councilman Clarke.

Thank you, Madam President. Madam Chair, I move that Bill No. 12 040156 as amended be reported out of Committee with a favorable recommendation with Rules suspension. (Duly seconded.)

It has been moved and seconded that Bill No. 040156 be reported out of Committee with a favorable recommendation as amended, and further that the Rules of Council be suspended so as to permit first reading at our next Session of Council. All in favor will say aye. (Aye.)

Those 153 05/26/04 - RULES - PUBLIC MEETING opposed? (No response.)

The ayes have it and the motion carries. The record will also reflect that Bill No. 040336 is being held to June 9th. I guess before we vote on the last bill I would like the record to also reflect that present we have to my extreme left, Councilman Cohen, Councilman Kelly, Councilman Mariano, Councilman O'Neill. To my extreme right, we have Councilwoman Miller, Councilwoman Brown and Councilman Clarke. I believe Councilman Kenney was in earlier. At this time the Chair recognizes Councilman Clarke regarding Bill No. 040369.

Thank you, Madam Chair. I move that Bill No. 040369 be reported out of Committee with a favorable recommendation and request for Rules suspension as to allow first reading at the next Session of Council. (Duly seconded.) 154 05/26/04 - RULES - PUBLIC MEETING

It has been moved and properly seconded that Bill No. 4 040369 be reported out of Committee with a favorable recommendation, and also a recommendation that the Rules of Council be suspended so as to permit first reading at our next Session of Council. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries.

I apologize. Lack of sleep is affecting me as well. I do have an amendment to that bill. I apologize. A technical amendment. I can read it in or there's a copy that everyone has.

Just read it.

Where it says, Section 14-1628, in parentheses, reserve. 155 05/26/04 - RULES - PUBLIC MEETING Strike that. In the first paragraph under that section, Paragraph 1, strike the word Locust, include the word, Lombard. And at the second paragraph under that section, delete entirely the last sentence beginning with, "In which case the provisions of the foregoing clause, parentheses, double I, shall not apply." Strike that completely. That sentence would end, April 15th, 2004, period.

The Chair recognizes Councilman O'Neill.

Councilman, in the title, Locust is mentioned. Is that affected?

According to the Law Department, no. 20

Is Locust changed in the title?

No, not in the title.

Would you please make certain that Mr. Ortiz has a copy 156 05/26/04 - RULES - PUBLIC MEETING of the amendment so it can be given to the Chief Clerk. I guess we're going to have to do this again. I think we will review the entire bill now. The Chair recognizes Councilman Clarke for the adoption of the amendment.

Thank you, Madam Chair. Madam Chair, I move for the adoption of the amendment as read into the record of Bill No. 040369. (Duly seconded.)

It has been seconded by Councilman Cohen. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the amendment is adopted. The Chair again recognizes Councilman Clarke. 157 05/26/04 - RULES - PUBLIC MEETING

Madam Chair, I move that Bill No. 040369, as amended, be reported out of Committee with a favorable recommendation and request for a Rules suspension as to allow reading at our next Session of Council. (Duly seconded.)

It has been moved and properly seconded that Bill No. 11 040369 be reported out of Committee with a favorable recommendation as amended, and a further recommendation that the Rules of Council be suspended so as to permit consideration at our next Council Session. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries.

Two points. One, I want to thank the Committee for your patience and support of the bill. Thank you 158 05/26/04 - RULES - PUBLIC MEETING for your recommendations on the amendments. I think this is really going to be a great thing for the City. And second, for those of you who are Members of the Streets and Services Committee, we're meeting at 2:00 today. We have 38 bills. Thank you.

Thank you all very much. This concludes our public meeting. Thank you. (Council adjourned at 12:57 p.m.) 159 C E R T I F I C A T I O N. I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, May 26, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON RULES _________________________ Lisa C. Bradley, RPR