Committee Hearing, December 6, 2006

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LAW AND GOVERNMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 6, 2006 1:05 p.m. - - - PRESENT: COUNCILMAN WILLIAM GREENLEE, CHAIR COUNCILMAN JAMES F. KENNEY COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN FRANK RIZZO COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN FRANK DiCICCO BILLS 060682, 060683, 060684 and 060699 RESOLUTIONS 060704, 060705, 060706 and 060716 - - - 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 2

Good afternoon, everybody. Sorry for the delay here. The Committee on Law and Government is now in session. We have a quorum. Councilman Goode, Councilman Kenney, the Vice Chair of the Committee, and myself, Councilman Kelly and Councilman Rizzo. I would ask Mr. Boyle, the Clerk of the Committee, to read Bill No. 12 060683 and Resolution 060705, please.

An ordinance 14 providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter to provide for the composition of the Zoning Board of Adjustment; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make 3 12/6/06 - LAW & GOV'T - BILL 060682, ETC. arrangements for the special election. Resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the composition of the Zoning Board of Adjustment, and providing for the submission of the amendment of the electors of Philadelphia.

Thank you. The list of testifiers I have for this, first testifier, Janice Woodcock, Executive Director of the City Planning Commission. Is she here? I see Mr. Chapman. Good afternoon, Mr. Chapman. How are you? And I also have, if they want to come up now, Mr. Sam Sherman and Mr. Lawrence Rust, so we can keep moving. We have a lot of people to testify on these issues, so I just ask we be as brief as possible, and, again, if you have written testimony and would just 4 12/6/06 - LAW & GOV'T - BILL 060682, ETC. like to submit it and then paraphrase, we'd appreciate that, too, and all of the written testimony will be made part of the record. Mr. Chapman, please identify yourself for the record.

Good afternoon, Mr. Chairman and members of the Committee. For the City Planning Commission, my name is Thomas Chapman. And might I take just a second to offer my congratulations to your election to City Council. I've known you for a long time, and it's a pleasure to see you here.

Thank you very much. Thank you.

Mr. Chairman, the first bill on the agenda is 683, I believe; is that correct? I'm sorry.

Yes.

Thank you. This bill would place on the ballot for consideration of the voters of the City 5 12/6/06 - LAW & GOV'T - BILL 060682, ETC. of Philadelphia an amendment to the Home Rule Charter providing for the composition of the members of the Zoning Board of Adjustment. If adopted, that amendment would require that the membership of the Zoning Board include an architect, an urban planner, a traffic engineer, an attorney experienced in land use issues and a representative of Philadelphia community groups that participate in land use decisions. Currently, there are no such qualification requirements for the members of the Zoning Board. Land use and zoning decisions have become significant issues for communities in virtually every neighborhood of the City. The purpose of the Zoning Board of Adjustment is to provide relief in limited circumstances where land use regulations, when applied in a particular case, impose a hardship on a property owner or otherwise compromise health, safety or welfare. We 6 12/6/06 - LAW & GOV'T - BILL 060682, ETC. have not been able to use our Zoning Board of Adjustment properly because of outdated land use regulations. In the future, the strengthening of the Zoning Board with persons with relevant experiences will solidify the position of new regulations and support our plans and policies to protect citizens' quality of life. This change recognizes the need for reasoned decisions in the application of our land use and zoning policies in the City of Philadelphia. Therefore, we support this bill and believe it will strengthen planning in Philadelphia. Further, to address the concerns of all neighborhoods rather than a particular geographic area, we suggest that the Philadelphia community group representative be a person with background or experience in community planning issues who would be able to represent the issues of all of the neighborhoods throughout the City. 7 12/6/06 - LAW & GOV'T - BILL 060682, ETC. That concludes my testimony, and I would be happy to answer any questions of the Committee. Thank you.

Thank you, Mr. Chapman. Any questions or comments from members of the Committee? (No response.)

Seeing none, thank you very much. Mr. Sherman.

Yes. My name is Sam Sherman. I'm a resident of Philadelphia and a developer here in the City of Philadelphia, and I wanted to thank the Councilman, the Councilpersons, for inviting me here to speak today. I'm going to paraphrase off of my written testimony and just touch on a couple important issues that I believe need to be brought up. One of the things that we all need to realize are, there's issues out there greater than what we're dealing 8 12/6/06 - LAW & GOV'T - BILL 060682, ETC. with right now. There's a major rediscovery of urban living. The increased energy costs and ongoing congestion of the suburbs has led a lot of people who didn't choose to live in the City to reexamine their choice and possibly move back in. That demand is going to continue to grow, and I think that we need, as a City, to prepare for that growth. And there's going to be a lot of complex issues and discussions that come up as redevelopment occurs, and we have to remember, it's not only going to be the high-end condo in Center City, we're going to be experiencing redevelopment in neighborhoods that have suffered from 50 years of population loss and disinvestment. When we start dealing with those issues, we're going to have a complex set of issues to deal with in determining density, the mix of uses, affordable housing, a whole host of issues. And as a developer, a lot of 9 12/6/06 - LAW & GOV'T - BILL 060682, ETC. those decisions are kicked around at the Zoning Board of Adjustment. And my testimony is not simply to criticize the current makeup of that Board. Those members have the best interests of the City at heart and they all serve with honor, but that being said, as we prepare for the next wave of development in this City, we really need to have members from, again, a professional level of decision-maker on that Board that has experience in planning and zoning issues that can parse through some of the complexities that we're now dealing with in our Zoning Code. And with that, I'll conclude my testimony, and if you have any questions, I'm here to answer them.

Thank you, Mr. Sherman. Any questions or comments? (No response.)

Thank you. 10 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Mr. Rust.

Good afternoon. My name is Lawrence Rust. I'm testifying in favor of Councilman Kenney's Bill No. 6 060683 regarding professional qualifications for appointed members of the Zoning Board of Adjustment. I live in the Fifth Councilmanic District at 1119 Green Street. I'm a licensed Pennsylvania real estate broker, graduate of Widener University School of Law, licensed general contractor in the City and a residential real estate developer. I'm also the immediate past President of the Building and Industry Association of Philadelphia, the BIA. However, today I am here as a constituent and a homeowner and a builder and I wish to make it clear that I am not here representing BIA. Bill 683 is seeking to place the following question on the May 15, 2007 election ballot: Shall the Philadelphia Home Rule Charter be amended 11 12/6/06 - LAW & GOV'T - BILL 060682, ETC. to provide that the five appointed members of the Zoning Board of Adjustment shall include an architect, an urban planner, a traffic engineer, an attorney experienced in land use issues and a representative of Philadelphia community groups that participate in land use issues? The question that has to be asked, why do we need to have professional qualifications for members of the Zoning Board of Adjustment. First, zoning is a legal process that when properly administrated is predictable, accessible and understandable by citizens and constituents. Zoning appeals are potentially complex and require professional evaluation and review. Under the current ZBA structure, professional testimony is paid for by plaintiffs. In other words, when you have a case and you go before the Board, you hire the best guns you can 12 12/6/06 - LAW & GOV'T - BILL 060682, ETC. find. You get the best traffic engineer you can get, the best architect you can get, the best land planner to come and testify on your behalf. These hired experts provide information that's reviewed, weighed and evaluated by the ZBA members. And a Zoning Board consisting of its own experts, of its own architect, of its own land planner, its own attorney, its own traffic engineer will be much better qualified and equipped to render complete, examined and well-evaluated professional decisions. Second, as Councilpeople, your days are burdened with zoning issues, zoning issues that in a modern, well-crafted zoning system could be dealt with uniformly, fairly, predictably and transparently. It's been said by one of the members in this room, by the way, that Councilpeople spend up to 50 percent of their day dealing with development and zoning-related issues. Much of this work 13 12/6/06 - LAW & GOV'T - BILL 060682, ETC. is provided as a constituent service because the zoning process is so complex. Homeowners want to build rear decks, put fences around yards, add a bedroom addition to a home, and because the zoning system is not predictable, accessible and understandable, as a Councilperson, you are helping. You're providing a constituent service. Yet, if the Zoning Code worked effectively, if it were fair and understandable, Councilpeople would get as much as 50 percent of their days back. I'm not suggesting that Bill 16 683 would resolve these difficulties and the difficulties that exist in the system. However, Bill 683 is an excellent first step at an opportunity to ask your constituents if they want to begin making progressive changes to the current zoning system. I believe a great opportunity for constituent service exists by allowing the voters of Philadelphia to 14 12/6/06 - LAW & GOV'T - BILL 060682, ETC. choose whether they want professionally qualified Board members on the ZBA. By approving Bill 683, you are not choosing to change the ZBA as Councilmembers. What you are doing is allowing your constituents to vote on whether they want the ZBA to be changed, and I think that that's a constituent service that would be well deserved. That's my testimony. Thank you.

Thank you, Mr. Rust. Any questions or comments? (No response.)

Thank you, gentlemen, very much. The next three people that I have listed to testify on this bill and resolution, Barbara Kaplan, Timothy Kerner and Zack Stalberg. I saw Ms. Kaplan here. Good afternoon, Ms. Kaplan. Nice to see you here again. Identify 15 12/6/06 - LAW & GOV'T - BILL 060682, ETC. yourself for the record and please proceed.

Nice to see everybody again. I see you got new furniture. My name is Barbara Kaplan. I'm here on behalf of myself as a citizen and as a professional planner, having given the best years of my life to the City of Philadelphia. I was at the Planning Commission from 1975 to 2000 and I was the Director from 1983 to 2000, and I'm here today to testify on three of the four bills. I have separate testimony for each one. This bill about -- I have written testimony. I'm not going to read it all. I'll try to paraphrase it, but I have it for the record. I understand kind of where this is coming from. I think there's a desire to have greater professionalism on the part of the members of the Zoning Board, with a view that this will improve the 16 12/6/06 - LAW & GOV'T - BILL 060682, ETC. quality of the decisions that are made, but I'm not sure that this is really going to cure the problem. I think that what we need here is really a return to basics, like actually reading the Zoning Code and adhering to the criteria for granting variances. Our Code is quite specific about that, and I've included that section on the back as an addendum to my testimony. The Code provides nearly two and a half pages of criteria on which the Board is to base its decision to grant a variance. First and foremost of these is the hardship criterion, which states that because of the particular physical surrounding, shape or topographic conditions of the specific structure or land involved, a literal enforcement of the provisions of this Title would result in unnecessary hardship. There's also a companion criterion, which further states that the conditions on which the appeal for a 17 12/6/06 - LAW & GOV'T - BILL 060682, ETC. variance are based are unique to the property for which the variance is sought. In other words, if you have a property that is unique because of some particular physical circumstance and that unique circumstance causes you not to be able to develop the property under the way in which it was zoned, then you can go to the Zoning Board and reasonably ask for an exception. The other part of this is that courts and jurisdictions all over the country have ruled consistently that this idea of hardship that you have to prove is not financial hardship. So that if you paid too much for a property and you think you're entitled to a 20-story building instead of a five-story building, that's your problem. It is not -- the remedy is not to be found in the Zoning Code. So I think some of these things are extremely important, and if you look 18 12/6/06 - LAW & GOV'T - BILL 060682, ETC. at this whole list of criteria, after you get past the threshold criteria about hardship and uniqueness, then you get into a lot of other criteria, because even if you prove that you have the hardship, you still can't do something with the property if it's going to cause harm to the surrounding property, if it's going to be detrimental to the general welfare of the City. That's usually taken to mean things like traffic and congestion, affecting the water supply. So the grounds for granting a variance under our Code are extremely narrow. We really ought to have very, very few variances and even very few people even approaching the Zoning Board, because if they really understood what they're asking for, they wouldn't be there. They'd say, Oh, I don't have a shot. So I think you could try to add certain requirements for members of the Zoning Board, but I'm not sure that would 19 12/6/06 - LAW & GOV'T - BILL 060682, ETC. really make any difference, unless there's really a commitment to be serious about what planning and zoning are all about. I mean, the idea is, you do a plan. Zoning is a tool to carry out that plan, one of the tools to carry out that plan. You work with neighborhoods to develop a plan for an area.

If the zoning needs to be updated in that neighborhood to make it consistent with the goals of that plan, you go ahead and do that, and you stick to your guns about what really deserves a variance. So I think that's kind of where I'm coming from on this. This is a nice idea, but I'm not sure it really gets to the crux of the problem. One idea I had that, as long as you wanted to go to the trouble of amending the Charter, that might make a difference is to not have the members of the Zoning Board serve at the pleasure of the Mayor, but give them fixed, staggered terms. I think this is a system that's 20 12/6/06 - LAW & GOV'T - BILL 060682, ETC. used at the Redevelopment Authority Board. And in that way, you're removing it a little bit from the political arena. The Mayor just doesn't appoint a whole new Zoning Board at the beginning of each term. You're staggering the terms and they have a fixed term. If he doesn't like what they have to say, he can't just replace them and put in somebody else. So it makes it as if you're trying to make it more professional and less political. I think that might be a better way to really get at the problem, because you can have all kinds of experts and when you go to have -- in a lot of court cases, each side has their own expert. So just because somebody is an expert doesn't necessarily mean he's going to have the same opinion that a majority of people believe he should have, let's put it that way, as a representative of that profession. So I think that's a reasonable summation of what I wanted to say. 21 12/6/06 - LAW & GOV'T - BILL 060682, ETC. One other tiny thing is that you'll notice in that excerpt from the Zoning Code, it says the Zoning Board of Adjustment "shall" consider the following criteria. You might say "must" consider the following criteria. " So that would be my testimony, and I would certainly volunteer to help in any efforts that are going on in the City to try to improve and professionalize the planning and zoning capacity.

Thank you, Ms. Kaplan. Councilman Kenney.

Thank you very much. Thank you for your testimony. I don't think there's any process we could impose that would be apolitical. I mean, a political appointment is in fact 22 12/6/06 - LAW & GOV'T - BILL 060682, ETC. inherently a political decision, and even if the person is a qualified architect or engineer, you can still find people who are active politically and active in their community. So to take politics totally out of it I think is impossible. I was just wondering, I know your testimony says that you don't think it will solve the problem, but in the evaluation of a variance request as it relates to issues like traffic impact or impact to the long-term planning of the City, would it not seem logical that a person trained in that area has a different eye to determine the impact of traffic or the impact of a certain height building as it relates to a neighborhood area and its future development? It would seem that there would be some natural training and learned experience that would make them a little more qualified than just the person who is the average person on the street.

I suppose it 23 12/6/06 - LAW & GOV'T - BILL 060682, ETC. would, but you also have that expertise within City agencies that can be called upon, and typically the Zoning Board on major cases doesn't decide right on the spot. It seems to me they have the resources of the entire City government at their command to answer some of those questions.

I have a developer that comes in with a high-powered lawyer or architect and the neighbors hire a lawyer or architect. Would it not seem logical that an architect sitting or an engineer sitting on that Board would be able to sift through some of what either side is proposing or purporting and be able to come up with a reasonable decision?

Well, but these people are volunteers, in a sense. I mean, they're getting paid a certain amount of money, but it's not their main job. I mean, it's a sideline for them. I don't know that you get full value, in 24 12/6/06 - LAW & GOV'T - BILL 060682, ETC. a sense. I mean, I don't think this does any harm. I'm just saying I don't think it really gets at the problem.

Well, there's some other issues, too, that I know that Councilman DiCicco is going to address in the Zoning Reform Commission, and I think some of the issues that you raised in your testimony could easily be tackled. Not easily be tackled, but could be tackled in that process. I appreciate your opinion. Thank you.

Okay.

Thank you. Councilman Rizzo.

I believe there's a Board that reviews fire safety issues within the Philadelphia Fire Department. I understand most of the members, correct me if I'm wrong, all are professional people. They are people 25 12/6/06 - LAW & GOV'T - BILL 060682, ETC. that understand the fire, the various codes. How could a person really sit on a Board like that and not have expertise in a particular issue like fire, life safety? I just don't understand -- and you know I have a lot of respect for you -- how having professional people on a Board could not be probably the best Board that you could get.

Well, as I'm saying, I just don't think it would really cure the big problem. That's all I'm saying. I'm saying you could do it, but I don't think that that's the major issue and --

Well, it's a good start, having the right people. It's like the national --

But I think it's -- I really feel giving people fixed terms and staggering those terms might do more than the qualifications.

Well, that could be part of it. 12/6/06 - LAW & GOV'T - BILL 060682, ETC.

I mean, if you want to do both, okay. I think you also have to go back to the time when the Charter was promulgated. People had a different idea about a lot of these boards and commissions. They looked at them as lay bodies that were supposed to not just look at the technical issues but also filter in a lot of other factors, and I think they didn't necessarily -- at that time, I think they felt they didn't necessarily want technical people. I think in the issue of fire safety, they said, Yeah, we need an expert here, but I think they looked at zoning as a different type of matter. And I think the nature of the development process has certainly evolved over 50 years to the point where the factors that come out at zoning hearings, et cetera, are a lot different. But I still say you probably wouldn't need a lot of this testimony, 27 12/6/06 - LAW & GOV'T - BILL 060682, ETC. so-called expert testimony, if you really were sticking to your guns about what constitutes the grounds for a variance, because if you look at all the cases where variances were granted, there are very few that represent a case of true hardship.

Well, I appreciate that, and the advice that you just provided I think could be added to the list of things that would be considered as we move forward, the staggered terms. It's a good suggestion. Thank you.

Thank you. Any other questions or comments? (No response.)

Thank you, Ms. Kaplan. Mr. Kerner.

Good afternoon. My name is Timothy Kerner, and I also 28 12/6/06 - LAW & GOV'T - BILL 060682, ETC. brought copies of my testimony if you're interested. I'm pleased to be here today to discuss the topic of zoning. I'm a resident of Center City and the principal of Terra Studio, which is an architecture and urban design firm in the City. I'm a member of the Design Advocacy Group and the former Chair of the Urban Design Committee of the Philadelphia Chapter of the American Institute of Architects and also incoming Co-Chair of the Zoning Committee of the Center City Residents Association. My work as an architect and my activities with my professional association and also in my neighborhood group brings me in contact with the Zoning Code on a consistent basis. I have presented plans for development projects to various community groups, requested variances from the Zoning Board of Adjustment and have also deliberated over development proposals within the 29 12/6/06 - LAW & GOV'T - BILL 060682, ETC. CCRA area. Some people say the zoning review process in Philadelphia is broken. I don't agree. It is a somewhat strange process, with unwritten rules and procedures, but if you follow these procedures, the outcome can be predictable. State law says that variances to the Zoning Code should only be granted in the case of hardship. This is not typically the case in Philadelphia. If a developer seeks a variance for a project, he should know that he can't just go to the ZBA and ask for a variance. After obtaining his zoning refusal from Licenses and Inspection, he must go to the Zoning Committee of the local community group. These come in various forms and sizes and they each have their own rules of operation. If it's a simple request, they might not oppose it, and he could then proceed to the ZBA for approval. If it's a serious issue or a big project, 30 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the Zoning Committee might form a task force to study the project in detail, and then the real negotiations begin. At this point, the developer might propose a community benefit package that would make the committee more favorable towards his project or some form of request might come from the committee. Perhaps additional off-street parking would be considered beneficial, perhaps funding for a new playground or a community center, as was the recent case for the 70-floor high-rise proposed for the edge of Northern Liberties. If the developer gains the local Zoning Committee to his side, he knows he can count on ZBA to approve his variance request. The developer is happy and the community group is happy with their future community center, but the question remains if the decisions made were best for the City as a whole. Others say the Zoning Code is overly complex. But complexity is not 31 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the biggest problem with the current Zoning Code. It is true that we have 55 different zoning categories, but any single piece of property has only one of these categories. " The interpretation of the combination of zoning regulations and overlay rules is not always obvious and can be the cause of some confusion. But that's one of the reasons developers hire architects and planners, which is a good thing to do. Zoning lawyers can also be helpful, as can economic consultants, so they can weigh the cost comparisons between the economic benefit of a desired zoning variance versus the cost of the community center funding that may be necessary to obtain the variance. 32 12/6/06 - LAW & GOV'T - BILL 060682, ETC. So if the zoning variance request system is not broken and the Zoning Code is not incomprehensible, what's the problem? The problem is that nearly every zoning issue is decided on a parcel-by-parcel basis without consideration for the broader impact on the surrounding City. There is minimal planning and no coordination between various development projects.

Poorly planned development can create detrimental levels of congestion, foreclose opportunities for public recreational amenities, increase automobile dependency, neglect opportunities to direct development activity into more strategic areas of the City and diminish the pedestrian-scaled urban character that makes City neighborhoods so desirable. New development should be strengthening the character of the City and not weakening it. So City Council will be 33 12/6/06 - LAW & GOV'T - BILL 060682, ETC. considering four bills that could impact current zoning practices in various degrees. These bills should each be considered in relation to their ability to move Philadelphia away from the current parcel-by-parcel decision approach and towards the goal of an organized and planned development decision process that encourages growth that is beneficial to the City. So the first question is, should it be required that the Zoning Board of Adjustment include an architect, an urban planner, a traffic engineer, an attorney experienced in land use issues and a representative of Philadelphia community groups? And the answer is, of course. The knowledge, training and experience that comes with each of these requirements would help the ZBA make decisions that are balanced and beneficial to the project in question and the surrounding community and the City as a whole. 34 12/6/06 - LAW & GOV'T - BILL 060682, ETC. The ZBA already satisfies the requirements for an attorney and community group representative. The other three composition requirements would be helpful additions to help assure that the ZBA decisions continue the positive growth of the City. Thank you.

Thank you very much, Mr. Kerner. Any questions or comments? (No response.)

Thank you. Mr. Stalberg.

Thank you. I am Zack Stalberg, the President and CEO of the Committee of Seventy and I am accompanied by Ellen Mattleman-Kaplan, who handles policy issues for the Committee of Seventy. Thank for the opportunity to offer testimony today on proposed amendments to the Philadelphia Home Rule 35 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Charter on the City's zoning and planning processes. Seventy is a non-profit, non-partisan organization fighting for government that is honest and government that works. It is widely recognized that two arenas in which our City government does not work as well as it should are zoning and planning. Each of the proposed amendments under consideration is intended to make it easier to do business with the City. We applaud Councilman Kenney and Councilman DiCicco for their resolve to remedy deficiencies in the zoning and planning processes that contribute to driving residents and developers away from Philadelphia to more accommodating locations. Let me speak first to Seventy's support for proposed amendments to professionalizing the Zoning Board of Adjustment and the City Planning Commission. With all due respect to the 36 12/6/06 - LAW & GOV'T - BILL 060682, ETC. current members, it makes good business sense to appoint members whose professional experience and deep knowledge base qualify them to resolve complex land use issues. To do so would be consistent with the Charter's mandate that members of a number of boards and commissions possess credentials relevant to the work of their respective organizations. To Barbara Kaplan's point, which I respect, I think that the -- I can't help but believe that professional members are more likely to stick to their guns than less well-informed lay members. The current ZBA and Planning Commission member selection process, which lacks any criteria related to qualifications, inevitably, and sometimes unfairly, raises questions about the reasons for the appointment. Selecting proven professionals will not totally eliminate such concerns, but they are likely to be diminished. To take this 37 12/6/06 - LAW & GOV'T - BILL 060682, ETC. one step further, Council might consider, as Barbara suggests, staggering the number of terms of members appointed to the Zoning Board and the Planning Commission so that their service is not concurrent with that of the Mayor. Professionalizing the Zoning Board and the Planning Commission will also not remove the possibility of new conflicts of interest. For this reason, we wish to emphasize the importance of strict recusal provisions in the event any client of a new Zoning Board or Planning Commission member who is a land use professional appears before him or her. However, to be clear, the most significant problems in zoning and planning do not reside with the current or future members of either the ZBA or the Planning Commission. With zoning in particular, the most commonly voiced concerns relate to an out-of-date, confusing and inconsistent code that 38 12/6/06 - LAW & GOV'T - BILL 060682, ETC. invites unpredictable and subjective decision-making. The 2004 Building Industry Association report created a solid blueprint for zoning reforms, some of which have already been implemented. Yet, as Councilman DiCicco and Kenney make clear in proposing a Charter amendment to create an independent Zoning Code Commission, the Zoning Code is sorely in need of a complete overhaul. The Committee of Seventy supports the convening of a commission to recommend revisions for a modernized and easily understandable document that will achieve the following outcomes: greater consistency in interpretation by members of the Zoning Board and employees of the various zoning regulatory agencies, and fairer and more uniform enforcement of its provisions. In addition, it is vital that the recommendations call for maximum transparency so that the basis upon which Zoning Board and Planning Commission 39 12/6/06 - LAW & GOV'T - BILL 060682, ETC.

decisions are made is clear to the public. Several citizens with whom Seventy spoke in preparing this testimony noted the absence of a detailed explanation for Zoning Board decisions unless an appeal is taken. While Seventy supports the creation of a commission, we do have reservations about the proposed appointment process. We support making appointments to the Zoning Code Commission according to the similar criteria as appointments to the new Zoning Board. That is, members should have professional credentials that are relevant to understanding the intricacies of the Code and making informed judgments about necessary improvements. Seventy also hopes that another outcome of any reform involving the Planning Commission, either through amending the City Charter or otherwise, will be a more cohesive, inclusive and forward-thinking planning process that 40 12/6/06 - LAW & GOV'T - BILL 060682, ETC. will improve Philadelphia's competitiveness and quality of life. Finally, we'd like to comment on an issue not covered in the proposed amendments under consideration today, but identified in the Building Industry Association's report as integral to how zoning and planning business is conducted, the role of an individual member of City Council in controlling development decisions in his or her district. While we value the importance of this prerogative, we do have concerns about the potential for delay and gridlock. Regardless of how appointees are chosen to the Zoning Code Commission, we hope the Commission will take a close look at the pluses and minuses of Councilmembers de facto veto power over projects in their district. Again, I appreciate the opportunity to offer Seventy's position on proposed Charter amendments that we 41 12/6/06 - LAW & GOV'T - BILL 060682, ETC. believe represent positive steps toward encouraging future development in Philadelphia.

Thank you, Mr. Stalberg. Any questions or comments? (No response.)

Thank you very much. Thank you all.

Thanks.

Is there anyone else to testify on this particular bill and resolution dealing with the qualifications of the Zoning Board? Yes. Please come forward and identify yourself for the record, please. Good afternoon.

Good afternoon. My name is Janice Woodcock. I'm the Executive Director of the current City Planning Commission. I notice that the previous folks were combining testimony. I'm just testifying on the bill related to the 42 12/6/06 - LAW & GOV'T - BILL 060682, ETC. ZBA.

I think Mr. Chapman already testified. Do we have the same testimony?

Is he here?

There he is.

I'm not going to repeat myself then.

We're going to be going to the actual Zoning Code Commission next.

Oh, good. Can I stay here then?

No. You have to -- no, you can stay there. Before we move on, anybody else to testify? (No response.)

Okay. That will conclude testimony on this bill 23 and resolution. If I could have Mr. Boyle to read please Bill No. 060699 and 060716. 43 12/6/06 - LAW & GOV'T - BILL 060682, ETC.

An ordinance 3 providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the creation, appointment, powers and duties of an independent Philadelphia Zoning Code Commission, as approved by Resolution of the City Council; fixing the date of a special election for such purpose; prescribing the form of ballot questions to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election. Resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the creation, appointment, powers and duties of a Zoning Code Commission, and providing for the submission of the amendment to the electors of Philadelphia.

Thank you. 44 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Ms. Woodcock, before your testimony, I know Mr. William Hankowsky -- you can stay right there, but Mr. Hankowsky, is he here? I know he said he had a time problem and we promised to get him up first. COUNCILMAN DiCICCO: Mr. Chairman, point of order.

I'm sorry. Councilman DiCicco. I'm sorry about that. COUNCILMAN DiCICCO: Thank you, Mr. Chairman. Before you begin taking testimony, I believe a copy of the amendments to Resolution No. 060716 have been distributed to members of your Committee and I'd like to make note of that to have that introduced, that amendment.

So it will be introduced at the meeting, right. Thank you, Councilman. So is Mr. Hankowsky here? (No response.) 45 12/6/06 - LAW & GOV'T - BILL 060682, ETC.

No. Is Gary Hack here? Mr. Hack. And then after that, Ms. Woodcock. Good afternoon. Please identify yourself for the record and proceed.

Good afternoon. I'm Gary Hack. I'm a resident of Philadelphia. I live at 317 South 18th Street, and a professional planner. I'm Dean of the School of Design at the University of Pennsylvania and I served from 2000 to 2004 as Chairman of the Philadelphia City Planning Commission. First of all, I want to commend and thank Councilman DiCicco and Councilman Kenney for taking this initiative on these matters. They're a breath of fresh air, frankly, and it's something long overdue in our City, and I am extraordinarily supportive of the effort to both reform the zoning ordinance that we work with and also to 46 12/6/06 - LAW & GOV'T - BILL 060682, ETC. reform the practices by which we make decisions. No other major city is working with a 40-year-old zoning ordinance. In the 40 years since it was passed, New York has revised its zoning ordinance twice in a major way to bring them up to date. Boston has rewritten its zoning ordinance and done new neighborhood plans along the way, and virtually every other city, Chicago most recently, has rewritten its entire zoning ordinance. And what these efforts to keep zoning up to date do is, they say to people we're interested in protecting neighborhoods. They say we're interested in inviting development in the City and making the City a better place for all concerned. The current system is extraordinarily out of date. The reason why we have great pressures on the Zoning Board of Adjustment is that virtually every project in the City requires an 47 12/6/06 - LAW & GOV'T - BILL 060682, ETC. ordinance, and I'm told that 70 percent of all building projects in this City require a variance of some kind or another. By comparison, a city much larger than us, New York City, I'm told that the comparable figure is only 30 percent of all projects require variances. Much more development occurs as of right as it's expected by good public policy in that city. And I think the problems with the ordinance have been well catalogued by the BIA report that was issued a couple of years ago. Problems as I see it are several. First of all, neighborhoods have no assurance that zoning will protect their character today since they cannot predict the outcome of the variance process. Developers are reluctant to purchase property when they understand that in fact they are going to have to receive a discretionary decision as to what they can do with that property and when they understand that they're 48 12/6/06 - LAW & GOV'T - BILL 060682, ETC. inviting the possibility if there's neighborhood opposition there will be overlays passed or other kinds of things, which alter their rights to that property. It's a process that's costly in time and in money. It's costly in your time. It's costly in resources required on both sides to, on a case-by-case basis, arbitrate decisions on individual projects. And most of all, it creates an impression that Philadelphia is not a place where decisions are made fairly and expeditiously. I speak to people every day, suburban developers in this region who say, Look, I just don't have the stomach to work in Philadelphia. I speak to investors in other cities who say, you know, I'm staying away from Philadelphia, I can't understand it. And it seems to me it's that level of confidence that we need through our practices and through our development ordinance. 49 12/6/06 - LAW & GOV'T - BILL 060682, ETC. I support the current bill 3 before you enthusiastically. We need to institutionalize the process of rewriting the ordinance, and the marked-up version of the bill I believe strikes the right balance between continuity that is respecting the Planning Commission and the other entities that we have in place today and at the same time taking a fresh look at what's needed for the 21st century. I believe especially it's appropriate to have the Executive Director of the Planning Commission chair the Zoning Code Commission as it's written in the marked-up bill.

I think a blue ribbon Zoning Code Commission is essential to get the job done and to do it with the confidence of the public on it. I believe it's important that the people who are appointed to that Commission are respected citizens of the City, some with expertise in zoning, but many with just good judgment about what's appropriate 50 12/6/06 - LAW & GOV'T - BILL 060682, ETC. for the City. I think the experience in Chicago, which rewrote its zoning ordinance in two years, and in Milwaukee and in other places has borne this out. In each case, it was done under the oversight of a blue ribbon commission appointed by the Mayor and by Council to reflect the various interests that have to be reconciled in a zoning ordinance. I particularly like the up or down provision that the zoning's work is not going to be cannibalized by the process of it being considered later and other influences coming to bear on it. And I would just say in conclusion that I commend you on this initiative. I urge you to move forward quickly. We're way behind the curve on this, and I think it will make an enormous difference for our City. Thank you.

Thank you, Mr. Hack. 51 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Any questions or comments? (No response.)

Thank you. Sorry, Ms. Woodcock. Ms. Woodcock, please.

No apologies. I didn't mean to go out of turn.

No, no. 11 You didn't.

My name is Janice Woodcock. I'm the Executive Director of the City Planning Commission. The staff of the City Planning Commission on Bill No. 060699 is in favor to place on the ballot a proposed amendment to the Philadelphia Home Rule Charter to establish an independent Zoning Code Commission. The purpose of this Commission would be to review the City's existing Zoning Code and make recommendations for amendments to this Code and revisions to the City Zoning Maps. 52 12/6/06 - LAW & GOV'T - BILL 060682, ETC. The creation of such a Commission recognizes the widespread and increasing interest in appropriately guiding the future development of this City. It also offers the opportunity to introduce modern and forward-thinking policies into the land use regulations of our City. The creation of such a Commission recognizes how complex our existing Zoning Code has become over time and how difficult it has been for the average citizen to understand. The Commission is charged with determining whether the Code may be consolidated or simplified to make it more consistent and easy to understand and to reduce the number of appeals to the Zoning Board of Adjustment while still maintaining community input and neighborhood controls. Furthermore, the Commission is directed to conduct a public process in its work by requiring that all meetings 53 12/6/06 - LAW & GOV'T - BILL 060682, ETC. be open to the public and providing opportunities for public comment. I believe that requiring an open and transparent public process in the Commission's work, just as the planning process, will improve the quality of this effort by drawing on the expertise of dedicated citizens who contribute their time and effort to improve the quality of life in our neighborhoods on a consistent basis. However, this effort must also be tied to strengthening the ability to comprehensively plan for the City. Zoning is only a tool to implement planning efforts and to make land use development decisions predictable over the long term. In recent years, the rezoning of sites has occurred with great frequency often in response to specific development pressures rather than on the basis of longer term planning and thoughtful land use policy. Similarly, variances from the 54 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Zoning Code are often granted in part because of the inability of the existing Code to accommodate modern development practices. A 2004 study of the City Planning Commission found that 40 percent -- and I know that the 70 percent figure is probably accurate given the increase in development. That's probably a more up-to-date figure, but in 2004, 40 percent of all projects submitted for zoning required variances, and in that year, it was 2,000 cases. Of those projects requiring variances, 90 percent of the variances were granted. The City Planning Commission's consultant suggested -- and, again, he was not from here, so he had a little bit of a different perspective than perhaps we do at having our habitual ways of dealing with land use issues. The consultant suggested that in comparison to other cities, that the Zoning Board's caseload was extremely heavy and that some of these decisions 55 12/6/06 - LAW & GOV'T - BILL 060682, ETC. should be made administratively. Specific examples included special use permits and other administrative decisions on small projects, which would rather be and should be the purview of the City Planning Commission rather than the ZBA. Together, planning and zoning must develop, with the input of elected officials and the general public, a stronger and more predictable policy for development decisions so the new Zoning Code can perform as a sturdy, responsive and flexible enough tool to guide future development.

The cost of not acting is great, and the results are clearly predictable: disjointed public policy, poor coordination of public and private investment, missed opportunities for economic development and building our property tax base and ultimately a diminished quality of life for City residents. The proposed Zoning Commission 56 12/6/06 - LAW & GOV'T - BILL 060682, ETC. must create a new Zoning Code based on sound planning principles that can have minor adjustments without compromising an overall vision. Without careful work on the policies used to amend the Code, the new Zoning Code may fare no better than our existing one. In summary, the City Planning Commission welcomes the new support for planning, and along with the bill 12 sponsors -- and we thank you for that support -- we want to underscore the importance of improving the development process and look forward to providing leadership in that area. That's the end of my testimony.

Thank you, Ms. Woodcock. Any questions or comments? (No response.)

Thank you both very much. The next group of testifiers I have on record is Paul Levy, Bill Reddish 57 12/6/06 - LAW & GOV'T - BILL 060682, ETC. and John Westrum. And, again, to all testifiers, we have a long list here, so, again, to be brief as possible, we'd greatly appreciate it. Good to see, everyone there. Mr. Levy, would you like to identify yourself for the record and proceed.

Thank you. Yes. Good afternoon. My name is Paul Levy. I'm the President of the Center City District. I have copies of my testimony here, and I want to thank Council for the opportunity and welcome you to Council, too. It's a pleasure to see you here. I will try to be very brief and summarize my testimony, but I'm here to support and speak in favor of Bill 699, quite simply, because I see it as a wonderful opportunity to make both our planning and zoning process more transparent, encourage development, while protecting the City's neighborhoods. I think it's quite clear that given national and regional demographic 58 12/6/06 - LAW & GOV'T - BILL 060682, ETC. trends, Philadelphia can rely far less on the federal and state government for resources than it did in 1962. And so if we're going to provide adequate police, fire and sanitation services to our neighborhoods and quality schools for our children, then we're going to need business development and real estate development in this City to generate local taxes to support municipal services. At the same time, all of us who live in Philadelphia's neighborhoods -- and I speak as a 30-year Philadelphia resident -- we want to preserve the character of our communities and feel comfortable that the investments we have made in our homes are secure. Unfortunately today, without an updated City plan and with an antiquated Zoning Code, the balance between development and community concerns is out of kilter. Because our Code does not conform to current realities, as we've heard several speakers indicate, far too 59 12/6/06 - LAW & GOV'T - BILL 060682, ETC. many projects require zoning variances. This creates a situation which some developers think if I'm going to incur the cost and time for a variance, I should ask for twice as much as I need, knowing I'm going to have to compromise to wind up with what I originally wanted. " So we have a dysfunctional relationship between developers and neighborhood groups that fosters distrust, stifles quality investment and retards the possibility for population growth. The absence of up-to-date City plans and codes has compelled at least three and probably four Center City neighborhood groups to raise funds to formulate their own plans and recommendations for zoning codes. It 60 12/6/06 - LAW & GOV'T - BILL 060682, ETC. requires developers to incur unnecessary legal expenses. Recently, we had a very different example of things out of balance. A developer proposed a building which under the antiquated City plan and code could be built as of right. The community felt it was out of scale with the neighborhood and the reaction was the proposal for a blanket height limit overlay over the entire northwest quadrant of Center City from Broad Street to the Schuylkill River, from Arch Street to Spring Garden. 6 million square feet of development in the City, including preventing the building of the Bell Atlantic Tower, Logan Square One and Two and would have required lopping off the tops of the Four Seasons Hotel, Park Town condominiums and most of the upper floors of the Philadelphia condominiums. As it now stands, the latest 61 12/6/06 - LAW & GOV'T - BILL 060682, ETC. proposal would prevent over 1 million square feet of development and would eliminate about 250 million in construction salaries. What's clear is that in the absence of a clear plan, it forces everything into the zoning process, the zoning variance process, a process originally designed to handle occasional exceptions, not to be the standard rule. I'll give you two other quick examples, and they're not about big projects. In the late '90s, we provided facade improvement matching grants to small business and retailers in Center City. In the absence of a clear process, it was a process that required business owners and retailers to receive the approval from five different agencies simply to improve their store facades.

Each agency had its own separate requirement form, submittal requirements and meeting dates. Perhaps the most frustrating part is get approval from the 62 12/6/06 - LAW & GOV'T - BILL 060682, ETC. first floor, get turned down by No. 5 and you're back at square zero. So, clearly, a lack of clarity of the process costs time and money. The final example I'll use is one that is very simple. When the CCD installed new light fixtures on the Benjamin Franklin Parkway a few years ago, it took the approval of six separate government agencies just to change a light bulb on the Benjamin Franklin Parkway. All of these are symptoms of the lack of clear guidelines and easily understood Zoning Code, and it's time, therefore, for Philadelphia to have a plan for the 21st century and a Zoning Code for the 21st century. Therefore, I thank the members of Council who have introduced this bill and think it can give us an ability to move forward as a city. Thank you.

Thank you, Mr. Levy. And just for the record, 63 12/6/06 - LAW & GOV'T - BILL 060682, ETC. I'd like to acknowledge the presence of Councilman Savage and Councilman DiCicco and Councilwoman Blackwell. Thank you. Mr. Reddish.

Good afternoon to all of the distinguished members of the Law and Government Committee. My name is William Reddish. I am President of the Building Industry Association of Philadelphia. The BIA is the leading association promoting residential development and construction in the City. I am here to testify in support of Bill 16 No. 060699 and Resolution No. 060716 that seek to establish a commission to update Philadelphia's 40-year-old Zoning Code. First, however, I would like to thank Councilman DiCicco and Councilman Kenney for their leadership on this issue. In October 2004, the BIA issued a report entitled "If We Fix It, They Will Come," calling for modernization of Philadelphia's Zoning Code. Former 64 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Philadelphia Managing Director Estelle Richman requested the report. The former Managing Director, aware of the difficulty developers were having building in Philadelphia amid a jumble of regulatory obstacles, asked for building industry leaders to identify key changes that could help Philadelphia attract investment. In response, we interviewed over 60 building industry and government professionals. There was a unanimous consensus that modernizing Philadelphia's Zoning Code will help set predictable, consistent rules for development that will serve to attract new residents, jobs and investment, while preserving the unique character of our neighborhoods. The need for change is clear to anyone who has attempted to read the Zoning Code. The 624-page Code is difficult to understand, often requiring a lawyer's translation to understand what can be built on a site. The Code is outdated. There is no mention of 65 12/6/06 - LAW & GOV'T - BILL 060682, ETC. computers or technology, outpatient clinics, lofts, live/work spaces or many other building types or uses that are standard in today's market. Finally, the Code encourages dated practices, such as setting buildings back away from the street that we do not want, while discouraging other key building types that define us as a city, such as classic Philadelphia rowhomes. Through our research over the past couple of years, we have discovered that Philadelphia lags behind our peer cities when it comes to zoning reform. Chicago, Milwaukee, Pittsburgh and Detroit have all overhauled their codes in the last decade to clean up the mess created by decades of amendments, modernize definitions and clarify rules so every resident can understand what can be built on and around their property. Each of these cities formed a Zoning Commission made up of residents, builders, planners, labor, government and 66 12/6/06 - LAW & GOV'T - BILL 060682, ETC. business leaders to work with the zoning experts to modernize the Code. It is time to begin a public process where the people of Philadelphia can decide what is right for their community, and the building industry can save time and money by planning and constructing buildings that meet the unique needs and goals of our neighborhoods. That is my testimony.

Thank you, Mr. Reddish. Questions or comments from the Committee? (No response.)

Good afternoon, Mr. Westrum.

Good afternoon. First and foremost, I'd like to thank Councilmen DiCicco and Kenney for bringing this bill forward, and it's kind of amazing that we all seem to be talking about zoning and planning and everything 67 12/6/06 - LAW & GOV'T - BILL 060682, ETC. else and it's great that the City is doing that at this time. For many years there was a mass exodus out of the City, and this is a good problem to try to fix. First and foremost, my name is John Westrum. I am CEO Westrum Development Company, and I want to say that as a company and individually, I strongly support the City establishing a Commission to update its 40-year-old archaic Zoning Code. Therefore, we are in support of Bill No. 060699. When our company entered the Philadelphia market in 1998, we were the only private developer building large-scale market-rate projects in the City. We walked into this magnificent City that not only had an extraordinary asset of underutilized and/or vacant land near its vibrant center core, but, more importantly, there was a demand for the product as residents were running away from the City and into the suburbs. However, with the City's confusing, dated 68 12/6/06 - LAW & GOV'T - BILL 060682, ETC. system of codes and regulations that have remained largely unchanged since 1960, the development process was really difficult. In the last eight years, our company has built homes in North, Northeast, Northwest and South Philadelphia neighborhoods, like Brewerytown, upper Roxborough, Fox Chase, Somerton, East Falls, South Philadelphia and Packard Park. In total, we have built or are in the process of building over 4,000 residential units in the City of Philadelphia. Community leaders in each of these neighborhoods have had a strong and clear vision of the type of development that they want to see built on the abandoned land in their community. Had this community vision been integrated into the modern Zoning Code or a modern Zoning Code, our company could have shaped our use of the land based upon predictable guidelines prior to land purchase. Instead, our company ended up 69 12/6/06 - LAW & GOV'T - BILL 060682, ETC. planning to build with an outdated Zoning Code permitted and then significantly revised our plans based upon discussions with the community members, whose ideas for the land tended to reflect a better grasp of the modern market realities and the community's goals and needs. This current process that exists today only lengthens the time and increases the costs and uncertainty of the proposed project and requires a laundry list of variances to be approved prior to the start of development. Since 2002, our company has become involved with projects in other older industry cities across the country. Most importantly, Chicago has accepted the challenge of updating their Zoning Code so that it is relevant, helpful and documents that state in clear, readable terms what the community and the city as a whole wants to build on the available land. In cities such as Chicago, residents and business owners are given a 70 12/6/06 - LAW & GOV'T - BILL 060682, ETC. powerful voice at the front end of the process, defining the permissible uses of land in their neighborhoods, rather than having to oppose development on the back end, which is responding to a developer's proposal based on an obsolete Zoning Code. Clear and predictable planning, zoning and community objectives allow us as a developer to know the rules going in, not to make them up as we go along and take years to come to agreement. In the past several years, our company has also met with national and regional developers who have refused to invest in the City of Philadelphia because of the uncertainty of its zoning and development review process. They do not want to enter a city whose approach to development is, quote, You show me what you want to build and I will tell you why you are wrong.

Although Philadelphia saw a wave of development in the past few years during an economic boom, in the past year 71 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the housing market has flattened across the country and also in Philadelphia. To create a second wave of growth and investment, Philadelphia must make itself more business friendly and provide a rational process and framework to invite new development. I cannot overstate the importance developers place on objective, consistent, predictable rules for development. Without them, we put ourselves in the position to lose thousands, if not millions, of dollars as we try to hit moving targets and meet changing standards and shifting opposition as they arise. Westrum Development Company wants to continue to invest in the City of Philadelphia. We want to assist in the revitalization of Philadelphia, one neighborhood at a time. We have spent years figuring out the idiosyncrasies of developing in the City and learning the written and unwritten steps to the systems. Most developers will not take 72 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the time or go to the expense that we have to learn Philadelphia's unique practices. By forming a commission to rewrite Philadelphia's Zoning Code to reflect modern realities and incorporate each neighborhood's vision for future growth, the City can send a powerful message that it welcomes investment and has clear, predictable, transparent rules for development. As a large stakeholder in the future makeup of the neighborhoods of the City of Philadelphia, we welcome the opportunity to be a resource in this process. We offer our services to the proposed commission in order to assist the implementation of a process that will be good for the City of Philadelphia and the people. Thank you very much.

Thank you, Mr. Westrum. Any questions or comments? (No response.) 73 12/6/06 - LAW & GOV'T - BILL 060682, ETC.

Thank you all very much. The next panel that I have listed is a little longer one. Beverly Coleman, Alan Greensberger. I think Patrick Starr submitted testimony. Denise Earley and, once again, Timothy Kerner. Good afternoon. Ms. Coleman, would you like to identify yourself for the record and proceed.

Sure. I'm Beverly Coleman. I'm Executive Director of NeighborhoodsNow. I have copies of my testimony. NeighborhoodsNow is a Philadelphia intermediary whose mission is to contribute to the vitality of the City and the region by strengthening Philadelphia's neighborhoods. I am here today to testify in support of Bill No. 23 60699. Since 1991, CDCs that we have supported have developed over 1,900 units 74 12/6/06 - LAW & GOV'T - BILL 060682, ETC. of housing and some 300,000 square feet of facilities at a total cost of more than $135 million. We supported CDCs at a time when they were often the only or the sole brick and mortar investors in our neighborhoods. We have supported them in terms of building new housing, rehabilitating older units and bringing new retail into our neighborhoods when there were few private developers interested in investing in Philadelphia, and we continue that work today. Our goal is to support CDCs in building what will most benefit the community. Yet, the Zoning Code often stands in the way of our efforts. For instance, while in other cities community plans are integrated within the Zoning Code to help a community achieve positive growth, in Philadelphia community plans, whether created by the Planning Commission or at community expense by an expert urban planner, have no legitimacy within the Code. While in other cities, 75 12/6/06 - LAW & GOV'T - BILL 060682, ETC. if you build homes that fit within the character of the community, you can do so as of right. In Philadelphia, virtually every development involving or more 6 homes cannot be built under the Zoning 7 Code as of right. It requires a 8 substantive hearing before the ZBA that 9 adds costs and delays construction. And 10 perhaps even more difficult is that here 11 in Philadelphia we have 55 different 12 zoning designations and over 40 overlays, 13 often making it impossible to build the 14 same house on the same street a block 15 away. 16 Every day our CDCs talk to 17 residents in the neighborhoods in which 18 they work. Residents tell us they are 19 tired of having to gear up to oppose 20 development that they feel is inappropriate. It takes a lot of negative energy to come out and fight against a new development, and we would far prefer supporting development that helps our communities flourish and 76 12/6/06 - LAW & GOV'T - BILL 060682, ETC. prosper. Every project is designed to help our neighborhoods create new assets and reenergize existing assets. Therefore, it is essential that we are able to build efficiently and without wasted time or effort. Our outdated Zoning Code makes this more difficult. Without the wisdom we have acquired over the years about catalytic development, the Code can make it difficult to do the right thing. Here is one example: We know that redevelopment around transit offers tremendous benefits to the developers and also to surrounding neighborhoods, as well as to the City's transit service. Cities across the country are taking action to direct development to sites near transit. In Philadelphia, however, although we have a surplus of large abandoned industrial sites surrounding the rail transit and subway lines, there are no incentives to build 77 12/6/06 - LAW & GOV'T - BILL 060682, ETC. transit-oriented development. In fact, transit is only mentioned in the Code in order to prohibit sidewalk cafes too close to a transit stop or station. As a result, we have not benefited nearly as much as we could in terms of reducing traffic congestion, curtailing demands for limited parking and making housing more affordable by saving households as much as $8,000 per year that is necessary to keep and maintain a car. The City would benefit from a modern urban Zoning Code that is responsive and supports our neighborhoods' current needs and that helps us seek out the kinds of investment and design that would be sustainable and viable in the next decades. Thank you.

Thank you, Ms. Coleman. Any questions or comments? (No response.)

Thank you 78 12/6/06 - LAW & GOV'T - BILL 060682, ETC. very much. Mr. Greensberger.

Greenberger.

Greenberger.

I also have copies of my testimony. Good afternoon. My name is Alan Greenberger. I am a principal at MGA Partners, Architects, located in Old City. I have been practicing as an architect at MGA and its predecessor, Mitchell/Giurgola Architect, since 1974 when I moved to Philadelphia. I'm also the co-founder and the incoming Chairman of the Design Advocacy Group, usually referred to as DAG. DAG is a volunteer group of civic-minded people who are interested in elevating the level of design excellence in Philadelphia and the region. With a current membership of over 500 people, DAG has gained a reputation as an independent and informed voice for design 79 12/6/06 - LAW & GOV'T - BILL 060682, ETC. quality and as an advocate for an inclusive process to make design more relevant to the lives of all people. org and see more. I am here today to support Bill 9 No. 060699, the Zoning Code Commission sponsored by Councilmen DiCicco and Kenney. The Design Advocacy Group wishes to thank both Councilmen for their wisdom in introducing this piece of important legislation. As many people have and will testify, our Zoning Code is in desperate need of updating and streamlining. It has become cumbersome baggage that stifles innovation and particularly scares off out-of-town investors who actually might be in a position to bring fresh money and economic development to Philadelphia. However, development and change come with consequences, some positive and 80 12/6/06 - LAW & GOV'T - BILL 060682, ETC. some negative. In an historic city like Philadelphia, where the average size of an individual building is relatively small, even medium-sized projects can have impacts. The recent spurt of development and the tendency for projects to be larger and larger has left many Philadelphians suspicious and anxious about the intentions and impacts of developments that are proposed near their neighborhoods. In this climate, and absent any periodic updating of the Zoning Code, neighborhood groups acting through their elected representatives have resorted to the use of zoning overlays to control what they perceive as the worst instincts of developers. Many of the overlays reflect sound intentions. However, as a method of planning, overlays are haphazard, inconsistent, lack coordination, denying some areas of the City the kind of benefits that others can muster with the right political muscle. 81 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Moreover, many of the zoning overlays are specifically intended as defensive measures. That is, they may or may not represent positive statements of sound planning principles, but they absolutely represent roadblocks that force developers and neighborhoods groups to debate and negotiate with each other, often at great length and cross purposes. For developers, this is a daunting prospect, but one they will pay consultants and others to engage in if a project is economically sensible. For community groups, typically all volunteer, this is a hard won voice at the table. However, as the saying goes, be careful what you wish for, because this process is far too time consuming, frequently demoralizing and potentially costly. Community groups understandably feel chronically on the defensive. Those with sufficient money, resident experts and willpower can do well in the system. Those without are 82 12/6/06 - LAW & GOV'T - BILL 060682, ETC. afforded unequal treatment by a public system that offers encouragement to speak up, but little by way of actual resources and professional advice. A modernized and simplified Zoning Code, assembled with organized input from professionals and community representatives, at least presents the possibility that a new Code will accurately represent common values so that the need for variances can be greatly reduced and the discourse over variances, which are inevitable in a complex urban environment, can be less onerous to all parties.

The only way to reasonably ensure such an outcome is to make certain that communities are given a voice in the rewriting of the Zoning Code so that updated regulations reflect citizen aspirations balanced with broader planning principles to improve the City. And I want to note the recent amendment that was offered to change the 83 12/6/06 - LAW & GOV'T - BILL 060682, ETC. composition of the Zoning Code Commission is exactly a step in that direction. We also recognize that even projects designed "of right," whether under the current Code or under a new one, may be controversial or worthy of public input, and the Barnes Tower is a great example of that. Therefore, we strongly recommend that alternative review mechanisms be established that recognize the potential impacts of major projects. We have seen successful models in other American cities of something called Civic Design Review Commissions. Typically these bodies consist of appointed professionals whose role is to engage community opinion in a dialogue on major projects, filter that opinion through professional expertise and make recommendations to the public agencies that review and approve projects. These commissions do not wait for variances, but instead review any significant project, thereby ensuring that projects 84 12/6/06 - LAW & GOV'T - BILL 060682, ETC. of a certain size or type automatically get an informed public hearing before variances or other approvals are sought. Such an approach in Philadelphia will ensure equal access to all communities for any impactful project, not solely those that require variances or are in communities that are already organized to conduct meaningful reviews. The Design Advocacy Group has attempted to model such review entities by selectively reviewing major projects, typically at the invitation of an involved party and publicly posting our commentaries. Two such examples, one for the Dilworth House project and the other for 218 Arch Street, are both available on our website. The success of this model has resulted in an invitation from a community-based coalition along the North Delaware River to engage in a series of reviews for proposed projects and report back to the communities on our findings. 85 12/6/06 - LAW & GOV'T - BILL 060682, ETC. I want to emphasize that the Design Advocacy Group does not wish to be a review agency. We didn't ask for anybody to do this for us. It just happened. We do this to demonstrate the kind of review and dialogue that is necessary as Philadelphians legitimately demand better design quality in their public environment. Thank you for your time, and I'm available now or at any other time to answer questions.

Thank you, Mr. Greenberger. Questions or comments? (No response.)

Thank you. Good afternoon, Ms. Earley. Please identify yourself for the record.

Good afternoon, Chairman Greenlee, members of the Committee on Law and Government. For the record, I am Denise Earley. I am the 86 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Director of Public Policy for the Greater Philadelphia Chamber of Commerce, and I come before you today in support of City Council Bill 060699. First, I, too, would like to thank the sponsors of the bill, Councilman DiCicco and Councilman Kenney, for recognizing the need to create this commission and for the fine work of the Building Industry Association in helping to draft the legislation. In order to keep the current boom in development alive and well in the City, something must be done now to streamline the process. One could cite any number of projects that were caught up in red tape or delayed due to our arcane Code as currently written. The Zoning Code was last visited some 40 years ago. It's 624 pages that currently deal with 55 zoning districts, including 31 residential zoning districts. Compare this Code to Chicago with eight districts and 87 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Pittsburgh with five and Baltimore with 12. The current Code is cumbersome, ineffective and costly to administer. Many modern enterprises, from technology firms to outpatient clinics, are not recognized by the Code, and with the exception of the Benjamin Franklin Parkway Controls, one of the biggest impediments in the Code is the overlay process. Currently, there are more than 46 different overlays in the Code. The so-called quick fix to resolve neighborhood issues can have a negative effect on the economic viability and growth of the City. While I do not purport to be an expert on zoning, I am representing Chamber member developers who feel very strongly that a modern and competitive Zoning Code that defines what and where something can be built, a Code that protects our neighborhoods but attracts investment and opportunity is absolutely crucial to the future of this City. 88 12/6/06 - LAW & GOV'T - BILL 060682, ETC. City Council, by way of this legislation, has an opportunity to make a significant impact on that future. I, therefore request that this Committee vote out Bill 060699 with a favorable recommendation. Thank you.

Thank you, Ms. Earley. Any questions or comments? (No response.)

Thank you all very much. And I think Mr. Kerner is back there. While he is coming up, the next group of testifiers I have are Christine Schwarz, Rick Sauer and Farah Jimenez. They could be ready to come up. Thank you. Hello again, Mr. Kerner. Please identify yourself for the record again.

Timothy Kerner. I'll skip the introduction. Thank you 89 12/6/06 - LAW & GOV'T - BILL 060682, ETC. again. It is widely perceived that the current zoning categories do not adequately guide development projects for the benefit of the neighborhoods or to meet current market realities. For this reason, the Code is seen as a starting point for negotiations between developers and neighborhood groups as opposed to a respected set of standards that guide development in an appropriate manner. A well-written Code has the capacity to beneficially shape the growth of City neighborhoods and positively impact the lives of City residents. The development community seeks to streamline the Zoning Code so they are easier to understand. " Chicago is cited as an example of a city that has successfully engaged 90 12/6/06 - LAW & GOV'T - BILL 060682, ETC. in zoning reform, and they have reduced the number of residential zoning categories down to just eight. But this tells just part of the story of what Chicago set out to do six years ago when they started their zoning reform process. Streamlining was just one of many goals that zoning reform addressed. The primary intentions of the Zoning Code revisions, as identified by the Chicago Department of Planning and Development, were promoting walkable neighborhoods and streets, planning for parks and open space, developing mixed-use districts, maintaining transportation corridors, creating accessible housing, encouraging density near mass transit, planning for manufacturing districts. Outdated zoning classifications were consolidated, but new zoning classifications were also created. These new classifications allow for mixed-use development, address the existing urban context, discourage automobile incursion 91 12/6/06 - LAW & GOV'T - BILL 060682, ETC. into pedestrian areas, provide character standards for new buildings, increase density allowances in strategically located areas, and allow for the maintenance and increase of park and recreational amenities. Any change to Philadelphia's current zoning practices and regulations must be made to benefit the overall growth of the City and not just for the service of a particular project or to meet the needs of a particular group. The City needs to address development and zoning issues with guidance by planning principles that would benefit the City as a whole. The principles outlined at the outset of Chicago's zoning revision process would serve as good examples. The success of the Code revision effort will depend on the public involvement in the process. The resolution currently calls for just two public meetings in City Hall, and this really would not be sufficient. Public 92 12/6/06 - LAW & GOV'T - BILL 060682, ETC. opinion must be sought at the community level, and meetings should begin in the neighborhoods to identify the important local issues. The process should not be a top-down approach. The knowledge needs to work its way upward from the communities. This is the only way to gain the detailed knowledge necessary to the effort and also the only way to gain the community's support necessary for the eventual approval of the Commission recommendations. This raises another question. How can the Zoning Code be rewritten without an overall plan of intention for the City? The primary stated intent of the zoning reform resolution is to streamline the Zoning Codes. But how do you address zoning issues such as the appropriate height of buildings without understanding where it is most appropriate to have the tall buildings, and that is a planning question. It could only be addressed with an 93 12/6/06 - LAW & GOV'T - BILL 060682, ETC. understanding for the various aspects important to the City as a whole, such as transportation linkages and the available infrastructure. Streamlining the Zoning Code without guidance from a planning effort would not help move the City towards positive growth.

The Zoning Reform Commission should be empowered to develop a well-crafted vision for the City as a whole. If the Commission is going to develop the rules that will appropriately govern the growth of the City, it must first develop a clear vision of how the City needs to grow. Zoning reform really is not possible without planning. Philadelphia possesses a remarkable history of successful and innovative City planning initiatives. It is time to build upon this tradition of excellence and support a zoning reform and planning effort that successfully guides the City well into the future.

Thank 94 12/6/06 - LAW & GOV'T - BILL 060682, ETC. you, sir. Any questions or comments? (No response.)

Thank you. Is Christine Schwarz and Rick Sauer and Farah Jimenez, if they are here. Ms. Schwarz, please identify yourself for the record and proceed with your testimony.

My name is Christine Schwarz. I'm President of Wissahickon Neighbors Civic Association and I am happy to be able to present this testimony today. The community Wissahickon Neighbors Civic Association serves is bounded on the south by Main Street and the Schuylkill River, on the west by Shurs and Walnut Lanes, on the north by Henry Avenue and on the east by Hermit Street and Ridge Avenue to the Wissahickon Creek. We are one of those 95 12/6/06 - LAW & GOV'T - BILL 060682, ETC. beleaguered civic associations that many of the previous people giving testimony have referred to. In the past years, our 6 neighborhoods have experienced explosive 7 development. In fact, we consider it an 8 assault on the quality of life and the 9 density and other concerns that our 10 neighborhood has. We have struggled to 11 keep up with the concerns of 12 overdevelopment, traffic, illegal rental 13 properties, the spillover from events on 14 Main Street, such as the bike race, and 15 vandalism committed by patrons of Main 16 Street bars and many, many other issues. 17 We spend countless hours with developers 18 and with neighbors and have raised 19 thousands of dollars to pay for legal 20 expenses related to the zoning variance 21 issues. And for this reason, we support 22 the legislation that Councilman DiCicco 23 and Councilman Kenney are proposing and 24 the change to the City Charter. 25 With regard to the Planning and 96 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Zoning Boards, they badly need to have experts sitting on them. We have mixed feelings about the present Zoning Board. On one hand, it is a vast improvement over the previous one, which essentially rubber-stamped whatever came before them and couldn't care about the effect of their decisions upon the community practically at all. This Zoning Board pays much closer attention to community concerns, but it also behaves in an arbitrary, capricious and high-handed fashion. We think that there is much more that City Council can do in the matter of zoning and planning. As others have referred, the City planning map is extremely old and the Zoning Code is almost as old. Finally, no one else has mentioned this, but I would like to add that our civic and the others in Roxborough and Manayunk feel that without aggressive enforcement of the Zoning 97 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Code, that the perpetrators, people who violate agreements that are reached, get away scott-free. We have been left in the position many times of negotiating lease agreements with developers, who then when they violate them, it's our responsibility to enforce them. We think that this responsibility belongs on the City and not on us. Moreover, when fines that are levied become liens against the future sale of a property, that means that a land owner or a developer can wait 20, 25, 30 years before they feel the effects of zoning enforcement. We urge City Council to pass the legislation that is before them right now, and we appreciate the opportunity to testify. Thank you.

Thank you, Ms. Schwarz. Any questions or comments? (No response.)

98 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Mr. Sauer.

Good afternoon. I have copies of my testimony here. My name is Rick Sauer and I'm the Executive Director of the Philadelphia Association of Community Development Corporations, which is a membership organization of community development corporations and other organizations that are working to revitalize communities and build sustainable neighborhoods. I want to thank you for the opportunity to testify today in favor of the Zoning Code Commission bill and related resolution 17 before you to establish a commission to update Philadelphia's Zoning Code. I want to join Councilmen DiCicco and Kenney in calling for a commission that would rewrite the Zoning Code with substantial public input. Such a commission should take on the task of cleaning up the Code and rewriting it in clear language so that every 99 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Philadelphian can understand what can be built on their property and in their neighborhood. As we know, the current Zoning Code is over 40 years old and it's based on erroneous predictions of population growth and out-of-date assumptions about Philadelphia's future. Consequently, the Code calls for development that at times is detrimental for the community, such as phasing out rowhomes, while at other times it discourages investment that would be beneficial, including live/work spaces, lofts, mixed-use developments around transit stops, et cetera. At over 600 pages, the Code is convoluted and inconsistent. Zoning rules change from street to street and neighborhood to neighborhood, causing confusion and lost opportunities. PACDC aims to bring new investment to our communities in a form that will benefit long-time and new stakeholders and residents, while also 100 12/6/06 - LAW & GOV'T - BILL 060682, ETC. preserving the character of the neighborhood. It is, therefore, essential that we have a modern, well thought out and consistent Zoning Code that will guide development so that it meets the needs and goals of our neighborhoods. We believe that an independent Zoning Commission can improve the Zoning Code in the following ways: First, can ensure that new rules reflect the public vision based on community input for what should be built in each neighborhood and the City as a whole; second, eliminate the dated assumptions in the current Code, while adding modern definitions to reflect the new businesses, new housing products and new strategies that are a vital part of the City's sustainability and potential; third, provide clear, predictable notification rules so that all stakeholders are notified of a rezoning or a variance application for a property. 101 12/6/06 - LAW & GOV'T - BILL 060682, ETC. I think someone alluded to Chicago earlier as a potential model for this. They both send notification to property owners within a certain distance of the proposed project and they also require the posting of a larger notice on the property to alert residents of upcoming proposed changes. And then, finally, create a separate and more intensive review process for large-scale development that exceeds the base review required for a single home addition or a new deck, those type of levels. In peer cities, again, zoning codes explicitly subject such large-scale projects to a higher standard review and require a public hearing regardless of whether it meets the requirements as of right or not. In order to move toward these goals, we need to make sure that a new Zoning Code is not just a freestanding body of regulations, but that it is based 102 12/6/06 - LAW & GOV'T - BILL 060682, ETC. on good underlying plan for facilitating development that is appropriate for our neighborhoods.

So, for example, in cases where the existing pattern of development in a neighborhood is basically decent, there's good house sizes, there's appropriate access to off-street parking, then zoning provisions should be crafted to ensure that new development fits into the existing neighborhood fabric so that it is consistent with things like building height, lot widths, setbacks. On the other hand, though, where the existing pattern of development is problematic, zoning should be advancing a new set of standards that change the pattern over time -- and this is key -- based on a coherent neighborhood strategy or plan developed with meaningful community input. Neighborhood residents and stakeholders must play an integral role in determining the future of their 103 12/6/06 - LAW & GOV'T - BILL 060682, ETC. community. They should have meaningful input into planning and zoning decisions that will impact on their community, involvement both up front when new plans or a new Zoning Code is being developed, as well as on the back end where there's larger review of development projects. Predictable, consistent and transparent rules for development will better serve Philadelphia's communities and residents, as well as its building industry. So thank you for the opportunity to testify in favor of these bills.

Thank you, Mr. Sauer. Any questions or comments? (No response.)

Thank you. Since Farah Jimenez is a neighbor, I know you are not her, but please proceed, identify yourself for the 104 12/6/06 - LAW & GOV'T - BILL 060682, ETC. record and proceed.

I was respectfully going to request to take my colleague's place at this point.

Sure. Absolutely.

Thank you. Good afternoon. My name is Rose Gray and I'm the Vice-President of Development for Association Puertorriquenos En Marcha. Today I'm here in strong support of Bill 13 060699. As a former zoning plan examiner and administrator to the Zoning Board of Adjustment, I have firsthand knowledge of the ambiguity and complexity of the Zoning Code and the onerous nature of implementing this antiquated set of standards. As a developer, I am faced by the challenges that the Code presents, since it does not address the current development trends, such as transit-oriented development, live/work 105 12/6/06 - LAW & GOV'T - BILL 060682, ETC. housing, technology centers and waterfront development. The Zoning Code is not user friendly and many times penalizes the developer for adding amenities such as a porch or using green building technology or innovative designs that add to the quality of life of a community. Our communities' needs have changed over time and in redeveloping our communities, we want to provide our residents with modern, healthy buildings and designs. Therefore, we need a Zoning Code that encourages these concepts instead of one that prohibits new ideas and remains stagnant. In the near future, APM is embarking on a transit-oriented development initiative at the Temple Rail Station. This development has received a designation of TRID from the State of Pennsylvania, and I wonder how this project, which is a mix of commercial, office and mixed-income housing, will be 106 12/6/06 - LAW & GOV'T - BILL 060682, ETC. addressed since the current Code does not address transportation-oriented initiatives. I'm also building my next homeownership development with green design. I'll be incorporating innovative techniques in the design that will not conform to any of the residential standards as outlined in our current residential section of the Zoning Code. The Zoning Code needs to be modernized, rewritten in a fashion that is understandable to the public, be consistent in its content and encourage development. I thank you for bringing this forward and I hope it gets implemented. Thank you.

Thank you, Ms. Gray. Any questions? (No response.)

Thank you all very much. 107 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Next group, Thomas Reilly and Rich Thom.

I'm not both.

Please identify yourself for the record and proceed. Good afternoon.

Good afternoon. My name is T.J. Reilly. I am the President of Center City Residents Association, also known as CCRA. You have a copy of my testimony and, therefore, I will condense it. I will read a portion. Founded in 1947, CCRA's mission is to maintain and improve the quality of life for Center City residents in the area between JFK Boulevard and South Street, Broad Street to the Schuylkill River. We currently have over 1,500 dues-paying households, and I support the Bill 060699. I'll also condense because you've got at least 15 more people to listen to. 108 12/6/06 - LAW & GOV'T - BILL 060682, ETC. In 2005, CCRA commissioned the creation of a long-range neighborhood plan, which we will officially launch at a public meeting on January 10th. I have a 60-page draft. I'm sorry we didn't finish it a month ago. I could give it to you. But I'd love to give it to the Planning Commission once that's created and once we're finished. The plan was developed by consultants, with input from a steering committee from CCRA and an advisory committee, which include representation from the City Planning Commission, Center City District, adjacent neighborhood associations and others. We conducted three public meetings to both inform our members and to ask for input. A significant portion of the plan includes recommendations for both general and specific zoning issues, and recognizes important differences in various sub-areas within CCRA as exists throughout the City. And I will skip 109 12/6/06 - LAW & GOV'T - BILL 060682, ETC. those. I'll skip reading those. Because CCRA has an almost finalized neighborhood plan, it is clear to me that consideration of a potential impact of zoning changes on CCRA community and other communities as part of a long-range planning process is critical to the successful implementation of such changes. Thank you, and please consider this an invitation to our January 10th meeting.

Thank you, sir. Mr. Thom.

Good afternoon, Mr. Chairman and members of the Committee. My name is Richard Thom and I chair the Developments Committee of the Old City Civic Association. I'm here today to represent the entire OCC organization and its support of Council bills -- all the bills previously listed, but specifically 060699. 110 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Over the past years, I've been a practicing architect and urban planner in the City, as well as Chair of the local Zoning Committee for my, quote, river ward community of Old City. As a volunteer planner, I have advocated for my neighbor's interests with the Planning Commission and the Zoning Board of Adjustment for almost two decades. Thus, I feel qualified to comment on the impact of these proposed bills dealing with the future of zoning in Philadelphia and land use planning and appeals process mandated by the City Charter. In 1990, Old City faced the onslaught of proposed restaurant and night club business in a predominantly residential portion of our National Register District. With the support of our elected officials and particularly the late David Cohen and the Philadelphia City Planning Commission staff, we introduced our landmark Old City Residential Special Controls District to 111 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the Zoning Code. I am the author of one of those evil 34 overlays. This legislation was patterned after a recently enacted Chinatown zoning overlay and represented for Old City a last ditch attempt at making the 40-year-old Zoning Code responsive to the reality of the on-the-ground development issues facing a rejuvenating City neighborhood. Since that time, over a decade and a half ago, I have appeared in this Chamber no less than six times to advocate for additional legislation tweaking the Zoning Code in response to the further onslaught of development pressures from a variety of quarters. We have understood full well that legislative relief has been the mechanism of last resort when projects and businesses are proposed that would negatively impact our historic buildings, long-term business interests and burgeoning residential community. There is no doubt that we 112 12/6/06 - LAW & GOV'T - BILL 060682, ETC. comprehend what this has done to the Zoning Code itself, creating a patchwork of land use controls spread over our end of the City. We also understand that we must continue to deal with all of the land use categories affecting Old City, plus the special design controls such as parking. This fact has had the net effect of layering an almost incomprehensible set of regulations over our community, frustrating both civic groups involved as well as the land owners and redevelopers. Councilmen DiCicco and Kenney have now recognized that this cumbersome Code and its related oversight bodies must be overhauled and made a tool for rational, planned development, not an obstacle to neighborhood regeneration and stabilization. Therefore, Old City Civic supports the passage of all four pieces of legislation to move the process of revamping land use control in the City 113 12/6/06 - LAW & GOV'T - BILL 060682, ETC. into the 21st century. Such an effort has been successfully accomplished and warmly received in other municipal jurisdictions, and our great rebuilding city deserves nothing less. Thank you.

Thank you, Mr. Thom. Any questions or comments? (No response.)

Thank you, gentlemen. The next two witnesses, Peter Kelsen and, once again, Barbara Kaplan. And for those of you waiting to testify on the City Planning Commission bills, we're getting there.

Good afternoon, Mr. Chairman.

Good afternoon, Mr. Kelsen.

Members of the Committee, thank you very much for allowing me the opportunity to speak. I 114 12/6/06 - LAW & GOV'T - BILL 060682, ETC. will be very brief. You've heard compelling testimony.

Just identify yourself for the record.

My name is Peter Kelsen. I'm a land use attorney in Philadelphia. I've practiced land use and exclusively zoning for about 10 years, and prior to going to private 11 practice, I represented the Zoning Board 12 of Adjustment in the City of 13 Philadelphia. 14 I wholeheartedly support 15 Council's efforts to establish a 16 commission to revise our Zoning Code. We 17 are a first-class city, and we should 18 have a first-class Zoning Code in order 19 to implement the development of our City. 20 We need to modernize our Code. We need 21 to do it in a manner which reflects the 22 lifestyles and the development parameters 23 that currently exist in this nation and 24 in the City of Philadelphia itself. 25 And, finally, what we need to 115 12/6/06 - LAW & GOV'T - BILL 060682, ETC. do is level the playing field to allow predictability and certainty both from the developers' model and perhaps equally importantly, if not more importantly, from the community model. And I'm heartened to see so many members of civic associations and community groups testifying today, because it shows you the absolute outcry and the need from a community perspective for a predictable and modern and fair Zoning Code, and I echo those sentiments. And I, again, compliment you, Councilman Kenney, Councilman DiCicco, for your efforts. I thank you.

Thank you, Mr. Kelsen. Ms. Kaplan.

Good afternoon again. I, too, totally support a revision of a major overhaul of the Zoning Code. Having worked with it while I was Director of the Planning Commission, I can appreciate all of its 116 12/6/06 - LAW & GOV'T - BILL 060682, ETC. nuances and complexities. I think one of the major problems with it is, it's almost become like the Internal Revenue Code. You have to be a licensed expert in order to understand it, and I think that in many ways deprives people of the City of their rights in the City of Philadelphia, because they have to hire somebody in order to be able to interpret the Zoning Code. So I totally subscribe to the need to a major overhaul of the Zoning Code. I do, however, have some concerns about how we're proposing to go about doing this. I really don't see why we have to amend the Charter to create a special Zoning Commission, because the Charter already establishes a structure and a process for this function. The Charter already enables or directs the City Planning Commission to prepare proposed zoning ordinances, maps, et cetera, and amendments thereto. I think the only reason that that hasn't happened 117 12/6/06 - LAW & GOV'T - BILL 060682, ETC. is that the Planning Commission for many, many years has not been given either the staff or the budget or the political backing to be able to do that. " This is a very detailed and expensive undertaking, particularly doing it within the time frame that's being suggested. And I would say that you would probably do better to add additional resources to the City Planning Commission, appoint an advisory committee to serve in much the same way you're talking about members of a commission here to act as a balancing wheel to the Planning Commission and to reflect the broader wishes of the community. I think that there's tremendous 118 12/6/06 - LAW & GOV'T - BILL 060682, ETC. knowledge of the current Code of what has been tried and been difficult or has failed in the past. I think there's also tremendous knowledge of neighborhoods and neighborhood aspirations and all of the issues that are involved in those neighborhoods, and I would suggest that if you started with the staff of the Commission, you would be well ahead of where you would be if you're bringing in a whole new group and then having them to rely on outside consultants, who no doubt would have to get up to speed on the Code, because I don't think you can revise it without really understanding what is represented in the current Code. One of the reasons it's so complicated -- and I think Rich Thom just hinted at that -- is because as the City evolved and different issues came to the floor, there was a desire to adopt a problem-solving approach to deal with each of these, and each time this happened, nobody really wanted to take on 119 12/6/06 - LAW & GOV'T - BILL 060682, ETC. to get involved in a large political argument by changing, say, the way a particular zoning category -- changing the rules of a particular zoning category, because then you'd have people coming in from all over the City who had that zoning category in their neighborhood before City Council. So the way in which it was handled was on a more limited scale, sometimes through the use of overlay zones, sometimes through limited rezonings in a neighborhood. That is a tremendously complicated issue. You can sit in a closet and revise the Code and do it in textbook fashion according to whatever modern principles people are interested in adopting, but it's another thing when you start to apply that Code on the ground. And I think one of the other gentlemen said here a couple panels ago here that the number of meetings that -- talking about two meetings, that that participation really has to take place at 120 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the neighborhood level and that that participation is going to be extremely labor intensive and time consuming.

That's also related to something else that I found a little bit confusing in the legislation where -- I think on my copy it's -- where -- no. Actually, , where it talks about making recommendations on how to proceed with a comprehensive revision of the City's Zoning Maps, and it refers to that also as Zoning Map Proposals. And then in the last page says "within 60 days of any adoption by Council of the Commission Zoning Code proposals, the Philadelphia City Planning Commission shall adopt or reject the Commission's Zoning Map proposals in their entirety. " 121 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Now, I'm not sure exactly what's meant by that. Do you mean that this process is actually going to result in the rezoning of every parcel in the City at the end of it and that if then it goes to the Planning Commission the Planning Commission doesn't find that satisfactory, then they will undertake that process? I think that requires a little bit more thought, because we used to have a program -- I don't know if they still do -- at the Planning Commission called the Zoning Remapping Program where communities who felt that their current pattern of zoning did not reflect the current goals and values of the community would approach a member of City Council, who would then call on the staff of the Planning Commission, and the Planning Commission would work with that community to develop a new Zoning Map for that neighborhood. That process, with community meetings and trying to balance 122 12/6/06 - LAW & GOV'T - BILL 060682, ETC. out various interests in the community, very often took a year or two and then came back to Council to be enacted into law. So I'm not sure what these words are intended to mean or exactly how it's supposed to be operationalized, but I think this is a really important part of this whole effort. The Code is one thing and then mapping it is a whole separate process, and I think that the two things have to be thought about in tandem, but there are two different bodies of work here. I also agree that it is very difficult to talk about doing a new Code without thinking about plans for either the City as a whole or plans for different sections of the City. And that's another reason why I think it's a mistake to set up a separate Zoning Commission rather than augment the resources of the Planning Commission to do it, because the planning and the 123 12/6/06 - LAW & GOV'T - BILL 060682, ETC. zoning kind of have to go together. And I think the planning capacity, unfortunately, in this City has been seriously weakened over the last years 6 just during a period of time where maybe 7 we need it the most, particularly in the 8 last five or six years with the 9 tremendous increase in residential 10 development. 11 So I would say taking this 12 Zoning Commission outside the structure 13 of City government would further weaken 14 the planning and zoning capacity of the 15 City, and I really think you ought to give that another thought as to how I think this very, very important project, which everybody agrees must be undertaken, I think it needs some more thought about exactly how it should be undertaken and how the Code revision should relate to the idea of the remapping process. Thank you.

Thank 124 12/6/06 - LAW & GOV'T - BILL 060682, ETC. you, Ms. Kaplan. Any questions or comments? Councilman Rizzo.

No. I'm just waving to them.

Oh, okay. Thank you both for your testimony.

Thank you very much.

Next witnesses we have listed is Steve Weixler -- I apologize if I mess your name up -- Greg Pastore and Mike Hauptman. Good afternoon. Please identify yourself for the record and proceed, whoever would like to go first.

Mr. Chairman and members of the Committee, my name is Michael Hauptman. I live at 216 Fitzwater Street and I'm a partner with Brawer and Hauptman Architects. Thank you for this opportunity to speak here 125 12/6/06 - LAW & GOV'T - BILL 060682, ETC. today. On behalf of the Board of Directors of the Queen Village Neighbors Association and as Co-Chair of the Queen Village Zoning Committee and as an architect practicing in Philadelphia for over 30 years, I'm testifying in enthusiastic support of the proposed bill 10 calling for a commission to recommend changes to the Zoning Code. The current Zoning Code and permitting process has become a significant disincentive to development in the City of Philadelphia. It has been clearly demonstrated that other cities that have modernized and streamlined their obsolete and cumbersome zoning codes and permitting systems have reaped the benefits of increased private investment, increased fee in tax revenues and new jobs. A progressive, modern, simplified and predictable zoning process can only be a benefit to the City. I'd like to thank Councilman 126 12/6/06 - LAW & GOV'T - BILL 060682, ETC. DiCicco and Councilman Kenney for introducing these bills, and I strongly urge the Committee to support this legislation. Thank you.

Thank you, sir. Any questions? (No response.)

Sir.

Greg Pastore. I'm the Zoning Co-Chair and a Board member of Bella Vista Town Watch. We're 6th to 11th Streets and South Street to Washington Avenue. I'd just like to echo what pretty much everybody else has said. My Board and Committee are very strongly in favor of this legislation. Frankly, to us, it doesn't matter what the vehicle is for creating a better Zoning Code and a better Zoning Map and better interface with the ZBA. It's a matter that there be a vehicle to do that. 127 12/6/06 - LAW & GOV'T - BILL 060682, ETC. I think we all have a lot that we would say in front of such a Zoning Commission, which doesn't belong now in the creation of the Zoning Commission. And really I think that's all that needs to be said. I think that this is a great, good thing that the City wants to do and we strongly endorse it.

Thank you very much, sir. Thank you both. Any questions or comments? (No response.)

The last three that I have on my list to testify on this particular bill, Max Richardson, Kenneth Loughlin and Reverend Joy Griffin. Whoever would like to start, please identify yourself for the record and proceed.

My name is Reverend Joy Griffin and I am the President of Coalition of Concerned Citizens for Central Manayunk and we are 128 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the newest beleaguered civic representative. Our property of interest or area of interest is from Green Lane to Shurs Lane and from Schuylkill River to Terrace Street. It is a very small district, but it is a district that is highly impacted by the developments on the Main Street corridor. The Coalition of Concerned Citizens of Central Manayunk seeks to position itself to provide neighborhood resources towards the resolution of the disparaging conditions which erode our quality of life. We will accomplish this by providing information, context and education in a protocol for the resolution of emergent issues. These include party houses, trash, debris, dumpsters, illegal sidewalk parking and many other situations that are increasing and need to be addressed. CCCCM, which is an acronym for our group, does not seek to replicate the services which are offered by current 129 12/6/06 - LAW & GOV'T - BILL 060682, ETC. civics, only to enhance the current efforts and provide resources to lessen the neighborhood tensions. Why put that here? I put that here because most of the problems that are occurring is because of the lack of enforcement of the current zoning boards -- I mean, the current zoning rules and regulations. We are, moreover, very happy that this legislation has been introduced, and we would very much ask for the legislation to be passed for an independent Board, because the current Board often rules arbitrarily and capriciously and acts in direct opposition and belies the accepted procedural standards of the Planning Commission. We are asking for an independent panel that would have no 22 particular stake in the outcomes or the rulings. And this is crucial, because the current structure now favors the muscle of money and the affiliations of 130 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the powers that be. Board members, lawyers and developers can sometimes be linked to certain projects and properties. This is not fair. We have situations where Board members and lawyers and developers, who should not be on the panel or should be recused from even putting input in, are sitting there and they're signing off on projects which directly impact the neighborhoods without the input from the neighborhood itself. As you all well know -- or you may not know, that the Central Manayunk area which was described is the heart of the African-American community, which has been stepped over and stepped upon time and time again. It was very needful for us to come forward and bring to light that we are being directly impacted because of the lack of enforcement for the zoning. As a matter of fact, I just received today notice of decision for 3 Rector Street, which is a historical property in historical neighborhood on 131 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the City, State and National Historic Registry that's slated for demolition. That's not right. That is not fair. And I believe that these things -- as a matter of fact, they had to get something from the Zoning Board. This is arbitrary and capricious. And we wholeheartedly support the legislation that would encourage an independent, well-informed Zoning Board that would allow for informed decisions as opposed to social or political affiliations. Thank you.

Thank you, Reverend Griffin. Any questions or comments? (No response.)

Sir, if you can identify yourself for the record and proceed.

Sure. My name is Kenneth Loughlin. Good afternoon, Chairman, members of the Committee. Thank you, Councilman Kenney and 132 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Councilman DiCicco, for taking the initiative. Let's get to it. Appointing zoning boards or forming commissions to come up with zoning reform won't amount to much unless the ultimate prize is, one, a Zoning Code and approval/disproval process that is easy to understand and follow with written widely available A-to-Z instructions; two, an accountable process at every step; three, built on sound decision criteria readily available, readily known to anyone interested with priority to impacted homes over political considerations; four, a zoning enforcement department with freely and publicly accessible policies, procedures and specific case information; five, a Code and process of quality where even the least clever among us can ensure themselves a fair shake. As all of you Councilmembers should know, unless you have not been 133 12/6/06 - LAW & GOV'T - BILL 060682, ETC. kept abreast of our letters and calls, my wife, Karen, and I have been shattered by a product of the City's current zoning enforcement process. Our home is adversely affected by a misguided development, a man-made disaster, to what we cherish and go to work for every day. In order to select the most qualified and representative group of people available to recommend reforms to the Zoning Code and process, you need to look for people who understand or who can understand what is so pathetically wrong with the Code and process. You need to look for people who understand or who can understand what recommendations are needed to make the process most accessible and transparent to all citizens, even the politically disenfranchised, the poor, the non-expert, the least clever among us. Remove the blatant opportunities for abuse and create a Code and process with a spirit of fair 134 12/6/06 - LAW & GOV'T - BILL 060682, ETC. consideration as the prevailing guide. Karen and I would be available, for the love of our home and city, to recommend from a homeowner's perspective. We are not architects or city planners or even politicians. We have learned the hard way what specifically the Zoning Code approval process lacks and needs. We have been through it from beginning to end, with developers, politicians, neighbors, zoning administrators and L&I inspectors, from community meetings to zoning hearings, around the block and back again. We would require, however, moral and proactive leadership from City Council and the Mayor on the mission of these reform initiatives. In dealing with zoning and L&I, you are dealing with a deeply politically entrenched culture. We would also need for the most responsible authorities to get to an understanding and resolution 24 with us on the zoning product gone wrong to adversely affect our own home. 135 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Remember, in taking initiatives to bring about reform, the ultimate prize is restoring the good faith of all citizens in the reliability and dependability of City government and processes. May we all be enlightened, each and every one of us, with an accessible and transparent and understandable Code and process, and may it be done with intention. May it be done as if it were for all time. Thank you.

Thank you, Mr. Loughlin. Any questions?

I'd like to leave copies for the members.

Sure. Yes. Thank you. Thank you both. We will be getting to the Planning Commission bills in just a moment. Is there anyone else here to testify on Bill 060699, the Zoning Code Commission? 136 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Good afternoon, Mr. Schelter.

Good afternoon.

Please identify yourself for the record and proceed.

For the record, my name is Craig Schelter. I was previously years with the City 10 Planning Commission, including three 11 years as Executive Director, and then 19 12 years with the Philadelphia Industrial 13 Development Corporation and the last 14 three and a half years I've become a 15 private consultant, often coming before this Board and the Zoning Board. When I came over here today, I really didn't intend to testify, because I thought it was so terrific that what had happened with Councilman DiCicco and Councilman Kenney taking on this incredible effort, I really commend them for that. But in sitting here listening to the testimony this afternoon, I was struck by and I want to reinforce the 137 12/6/06 - LAW & GOV'T - BILL 060682, ETC. testimony that Barbara Kaplan gave, and, that is, with how big an undertaking this is. And I don't think that a lot of people really understand that. I can understand a lot of people being for it, but it's taken a long time for the Code to get this far. We have situations now in the City where we have conservation districts, we have historic districts, where generally different rules apply than under the Zoning Code. We have probably 30 neighborhood overlays, where those neighborhoods have worked with the City, with their District Councilpeople and the Commission to achieve certain objectives, and I think, as Mr. Kerner said earlier in the afternoon, that until there's an agreement generally on what the plans are for these neighborhoods, to come up with a new Code, the real proof of that is where they in fact get mapped. And as Barbara pointed out, while it might be possible to redo the Zoning Code 138 12/6/06 - LAW & GOV'T - BILL 060682, ETC. in terms of general ideas in a year and a half, to map that will take considerably longer. I remember when I came to Philadelphia in 1968, then Mayor Tate was advertising for two million city planners, and what he was looking for was the fact that we went neighborhood by neighborhood at the Commission remapping neighborhoods, and it would take places like Center City Residents Association area four separate years, with a year on each quadrant of that district. They're about to release a plan, which Mr. Reilly talked about, but that plan makes very strong recommendations about doing away with above-grade parking garages, period, even though they call for parking in the City and having all parking underground. That has dramatic implications in terms of project feasibility. And I think as part of this, I would strongly recommend to Council that you have somebody in the financing side of development to talk 139 12/6/06 - LAW & GOV'T - BILL 060682, ETC. about what will be feasible and what won't be feasible. And I'd like to offer my services throughout this process to you in terms of my experience as this process moves along, because I think it is so important. Thank you for your time, and I'm happy to answer any questions.

Thank you, Mr. Schelter. Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. Chairman, and good afternoon, Mr. Schelter. I thank you for your comments. I've been listening to this testimony today and I heard Ms. Kaplan earlier. I think you know I've been advocating for a master plan for not only the waterfront, but for the entire City for the 11 years or so that I've been here, and I believe that the resolution 24 and the bill that I've introduced speak to the possibility that the Commission, 140 12/6/06 - LAW & GOV'T - BILL 060682, ETC. when it's established, could make those decisions that would include a planning process as part of their overall deliberations. I think it's like what came first. I mean, you've got to start somewhere. So I'm not discounting that we don't need a plan, and it would be important to that process for the Zoning Commission, and I would certainly strongly recommend that, because I believe I get an appointment as a District Councilperson and I think my colleagues, my other District Council folks, would support that as well. So I take that very seriously, and I think that we can achieve both at the same time. At least that's my hope.

I guess what I've seen over the years when money has been appropriated for planning studies, I understand that the William Penn Foundation has provided a million 600,000 to do the waterfront plan, and if you 141 12/6/06 - LAW & GOV'T - BILL 060682, ETC. look at that, that maybe six or seven mile riverfront area, and then expand that by the 135 square miles that we have in the City here, you have something that really is a serious effort and really will need that serious funding. COUNCILMAN DiCICCO: Thank you.

Thank you, Councilman. Thank you, Mr. Schelter. Is there anyone else to testify on this bill with the Zoning Code Commission? (No response.)

Seeing none, we'll go to the two bills and two resolutions dealing with the City Planning Commission. As I see, a number of the same people are listed to testify. So I would ask Mr. Boyle to read Bill No. 060682, Resolution 060706 and Bill 060684 and Resolution 060704.

An ordinance 25 providing for the submission to the 142 12/6/06 - LAW & GOV'T - BILL 060682, ETC. qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter to provide for the composition of the City Planning Commission; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election. Resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the composition of the City Planning Commission, and providing for the submission of the amendment of the electors of Philadelphia. An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing amendment of the 143 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Philadelphia Home Rule Charter to empower the City Planning Commission to extend the time period within which it must provide recommendations to Council on pending legislation affecting zoning, the City's physical development plan, land subdivision, or authorizing the purchase or sale of real estate; fixing the date of a special election for such purpose; prescribing the form of ballot question to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election. Resolution proposing an amendment to the Philadelphia Home Rule Charter to empower the City Planning Commission to extend the time period within it must provide recommendations to Council on pending legislation affecting zoning, the City's physical development plan, land subdivision, or authorizing the purchase or sale of real estate, and providing for the submission of the 144 12/6/06 - LAW & GOV'T - BILL 060682, ETC. amendment of the electors of Philadelphia.

Thank you very much. I have the following people listed to testify on either or all of the bills and resolutions just read. The City Planning Commission, again, I see Mr. Chapman here, Mr. Reddish, Barbara Kaplan again and Reverend Griffin, if you all wanted to come forward. Mr. Chapman, once again, if you could identify yourself for the record and proceed.

Good afternoon once again, Mr. Chairman and members of the Committee. For the City Planning Commission, my name is Thomas Chapman. Mr. Chairman, I was going to testify on Bill No. 060682 and 060684. Would you like me to do that?

Yes, please. Testify on both, yes.

Regarding Bill 145 12/6/06 - LAW & GOV'T - BILL 060682, ETC. 060682, this bill would place on the ballot for the consideration of the voters in the City of Philadelphia an amendment to the Home Rule Charter providing for the composition of the members of the City Planning Commission. If adopted, that amendment would require that the membership of the Commission include an architect, an urban planner, a traffic engineer, an attorney experienced in land use issues and two representatives of Philadelphia community groups that participate in land use decisions. Currently, there are no such qualification requirements for the members of the Planning Commission. The establishment of these requirements for service on the Planning Commission recognizes the importance of supporting the discretion the Commission enjoys with the expertise of its membership. We need our discretionary decisions to be fair, consistent and based solely on sound design and planning 146 12/6/06 - LAW & GOV'T - BILL 060682, ETC. principles. With new residential development in virtually every neighborhood of the City, along with the emergence of new waterfront communities and gaming, the guidance of appropriate future development will be a significant issue for the City for years to come. We, therefore, fully support these amendments to the Charter. Further, we recommend to strengthen the position of all neighborhoods rather than a particular geographic area, we suggest that the Philadelphia community group representative be a person with a background or experience in community planning issues who would be able to represent and understand the issues of all the neighborhoods throughout the City. Regarding Bill No. 060684, this bill would place on the ballot for consideration of the voters in the City an amendment to the Home Rule Charter. That amendment would extend the period of 147 12/6/06 - LAW & GOV'T - BILL 060682, ETC. time that the City Planning Commission currently is afforded to consider legislation affecting zoning, the City's physical development plan, land subdivision or authorizing the purchase or sale of real estate for an additional 45 days. Currently, under the provisions of the Charter, the Commission is given 45 days to consider such matters. That period of time often proves to be challenging due in part to the Commission's monthly meeting schedule and also due to the fact that in many instances 45 days is simply not enough time to consider the numerous and complex issues presented by modern development proposals. We sincerely appreciate City Council's recognition of these challenges and the additional time we are given by this change in the Charter. We believe that the additional 45 days will allow for a more reasonable consideration of 148 12/6/06 - LAW & GOV'T - BILL 060682, ETC. all issues presented to the Commission and generally provide for an improved response on our Home Rule Charter-mandated responsibilities. And if I could just add, while we in many instances would need more than the 45 days that are currently provided, giving us an additional 90 days doesn't mean that every decision of the Planning Commission is going to take 90 days. Many decisions by the Planning Commission will proceed as they do today, but giving us additional time does allow us to have more time to give more careful consideration of complicated decisions that come to the Commission.

Thank you, Mr. Chapman. Councilman Kenney.

Thank you. I appreciate your testimony, and my original intent regarding this bill was to have that apply to projects and development issues that are very complex 149 12/6/06 - LAW & GOV'T - BILL 060682, ETC. and very controversial, not 90 days on every single one, and I would allow the Commission to use their discretion to implement that. We've come across some major projects in my tenure here that could have probably used more time, and I recognize sometimes when you come here to testify, you're trying to do your best, you're trying to give the staff position, but the Board Commission hasn't voted yet. So at the staff's discretion, the Commission's discretion, the utilization of that extra period I think is better in everyone's interest.

Thank you very much, Councilman. I appreciate that. And I can assure the members of this Committee that we will not use this as a method to drag things out. That's certainly not your intention and it's certainly not how we're going to proceed with this.

Thank 150 12/6/06 - LAW & GOV'T - BILL 060682, ETC. you, Mr. Chapman.

Thank you.

Any other questions? (No response.)

If I could ask the other witnesses, as Mr. Chapman did, to speak on both bills at the same time. Mr. Reddish.

Once again, good afternoon, distinguished members of the Law and Government Committee. My name is William Reddish. I am President of the Building Industry Association of Philadelphia. I am here today to testify in support of Bill No. 060682 and Resolution No. 060706, as well as Bill 20 No. 060684 and Resolution No. 060704, which would together provide additional power and credibility to the Planning Commission. I would like to again thank Councilmen DiCicco and Kenney for their leadership on these issues. 151 12/6/06 - LAW & GOV'T - BILL 060682, ETC. The Zoning Code is a patchwork of amendments, many of which were added in reaction to a specific problem in one institution. These amendments are typically voted upon without any objective analysis by the Planning Commission on how they will impact the zoning guidelines or the health of the City as a whole. By ensuring that the Planning Commission is made up of expert professionals and that the Planning Commission has the power to delay a rezoning vote in order to explore its potential impacts on the City, it will add to the objectivity and consistency to the development review process. Thank you.

Thank you, Mr. Reddish. Any questions? (No response.)

Ms. Kaplan.

My name is Barbara 152 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Kaplan. I'm just going to comment on the Charter amendment proposal to effect the composition of the Planning Commission.

Sure.

I have a similar comment as I did on the Zoning Board. Again, I don't know if it's really necessary to have those specific qualifications, particularly when you have a professional staff. And I think it should be noted that the Planning Commissions in this country have traditionally been established as advisory bodies that are comprised of laypersons from various walks of life who were specifically intended to kind of interpose their collective judgment between the trained technocrats on the Planning Commission staff and the desires of the general public. So this would be kind of something that is sort of different in terms of a tradition of Planning Commissions throughout the country. I just want to point that out. 153 12/6/06 - LAW & GOV'T - BILL 060682, ETC. The other thing is, I would make the same recommendation here as I would with the Zoning Board, that I think it might be even more effective to have staggered and fixed terms for the members of the Planning Commission so that they do not serve at the pleasure of the Mayor or they're not all appointed by the Mayor at the same time. Again, I think this would be a step toward removing them a little bit further away from the political environment. Thank you.

Thank you, Ms. Kaplan. Anyone with any questions? (No response.)

Thank you very much. Thank you all very much. Reverend Griffin, please identify yourself for the record one more time and proceed with your testimony.

Again, my name is Reverend Joy L. Griffin. I am 154 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the President of the Coalition for Concerned Citizens in Central Manayunk, which consists primarily of an African-American community which resides there, but we take on all issues. I am here in support of the legislation that's being put forward in support of the changes for the Planning Commission. I am asking that the Planning Commission and the Zoning Commission would work together to ensure that all the areas which encompass the Planning Commission's vision be included when considering for zoning. I brought all that I could get from the City Planning Commission, drafts for Venice Island, drafts for the lower part of Manayunk, drafts for Roxborough, drafts for Central Manayunk, all kinds of things, but they have not been included in consideration with variances for zoning. So we're asking that the considerations of the Planning Commission, if you're going to pay all 155 12/6/06 - LAW & GOV'T - BILL 060682, ETC. this money to have all of this done, how come it is that the Zoning Commission makes rules or rules against the very thing that was suggested upon? These are the articles and the implements that we as residents are supposed to go by in terms of the direction that the City would like to see our neighborhood to move in. Then we get stuck in an adversarial position because we are having to protest due to zoning issues. So the Planning Commission and the zoning issues need to be tied together, because the situation leaves us residents in an adversarial position. We're also asking that, once again, it be independent. We're supporting an independent Board, because the current status now favors the muscle of money, again, and the affiliation of the political powers that be. We're asking for the revisions and the -- I'm sorry. The last thing, 156 12/6/06 - LAW & GOV'T - BILL 060682, ETC. the inclusion of historic properties. It has been horrible and horrendous how they're treating our historical properties. Manayunk, as you might well know, was designated as a historic district long before the developers came with their shovels and pickaxes, and I'm asking in the reconsideration of the planning to please, please have some kind of designation within the parameters that would include historical properties. As such, the Historic Commission that's here in the City rules on certain historical properties, but the state nor the federal government, which supplies money for these projects, are considered or brought into play. We're also supportive of the extra time for the Planning Commission so that these people can be consulted and their input at least considered. Thank you.

Thank you, Reverend Griffin. 157 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Any questions? (No response.)

Thank you very much. Is there anyone else to testify on these bills and resolutions? (No response.)

Seeing none, that concludes the hearing of the Law and Government Committee, and we will very soon be going into the meeting of the Committee. Thank you. (Pause.)

Good afternoon again. This is now the meeting of the Committee on Law and Government, and the Chair recognizes Councilman Kenney.

Thank you, Mr. Chairman. I am formally requesting that the Committee hold Bill No. 060683 and Resolution 060705.

At the request of the sponsor, Bill No. 060683 158 12/6/06 - LAW & GOV'T - BILL 060682, ETC. and Resolution 060705 is being held. The Chair recognizes Councilman Kenney regarding Bill No. 060699.

Thank you, Mr. Chairman. I move that Bill No. 7 060699 be reported out of this Committee with a favorable recommendation and a request made for rules suspension to allow first reading at our next Council session. (Duly seconded.)

It's been moved and seconded that Bill No. 060699 be approved by this Committee and the rules of Council be suspended to allow first reading at the next session of Council. All in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. The Chair recognizes Councilman 159 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Kenney on Resolution 060716.

Thank you, Mr. Chairman. I move that Resolution 5 060716 be amended, as was represented in the handout from Councilman DiCicco with the marked-up bill. (Duly seconded.)

It has been moved and seconded that Resolution 11 No. 060716 be amended. All those in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. Resolution 060716 is amended. The Chair recognizes Councilman Kenney.

Thank you, Mr. Chairman. I move that Resolution 24 060716 as amended be reported out of this Committee favorably. 160 12/6/06 - LAW & GOV'T - BILL 060682, ETC. (Duly seconded.)

It has been moved and properly seconded that Resolution 060716 as amended be approved by this Committee. All in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. The Chair recognizes Councilman Kenney regarding Bill No. 060682.

Thank you, Mr. Chairman. I move that Bill No. 17 060682 be reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. (Duly seconded.)

It has been moved and seconded that Bill No. 24 060682 be approved by this Committee and that the rules of Council be suspended to 161 12/6/06 - LAW & GOV'T - BILL 060682, ETC. allow first reading at the next session of Council. All in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. The Chair recognizes Councilman Kenney regarding Resolution 060706.

Thank you, Mr. Chairman. I move that Resolution 14 060706 be reported out of this Committee favorably. (Duly seconded.)

It has been moved and seconded that Resolution 19 060706 be approved by this Committee. All in favor please say aye. (Aye.)

Those opposed? (No response.)

The 162 12/6/06 - LAW & GOV'T - BILL 060682, ETC. motion carries. The Chair recognizes Councilman Kenney regarding Bill No. 060684.

Thank you, Mr. Chairman. I move that Bill No. 7 060684 be reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. (Duly seconded.)

It has been moved and seconded that Bill No. 14 060684 be approved by this Committee and that the rules of Council be suspended to allow first reading at the next session of Council. All those in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. The Chair recognizes Councilman 163 12/6/06 - LAW & GOV'T - BILL 060682, ETC. Kenney regarding Resolution 060704.

Thank you, Mr. Chairman. I move that Resolution 5 060704 be reported out of this Committee favorably. (Duly seconded.)

It has been moved and seconded that Resolution 10 060704 be approved by this Committee. All those in favor please say aye. (Aye.)

Opposed? (No response.)

The motion carries. There being no further business before this Committee, if I could thank the members of the Committee and the public, particularly the members for getting me through my first two hearings as Chair. Thank you very much. (Committee on Law and Government adjourned at 3:30 p.m.) 164 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on December 6, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)