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.
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
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.
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?
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. 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?
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.
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.
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?
Is anyone here from the Zoning Board? (No response.)
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, 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?
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.
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.
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.
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.
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?
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 --
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 --
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.
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?
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. 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
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. 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?
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.
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
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
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.
Yes. And if not, we have written testimony that I'll 57 05/26/04 - RULES - BILL 040156 introduce for the record.
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.)
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.
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.)
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.
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.
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.
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.
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.
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
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 just for the first floor. And it's a single family dwelling above it. 80 05/26/04 - RULES - BILL 040156