COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COUNCIL COMMITTEE ON RULES - - - Room 696, City Hall Philadelphia, Pennsylvania Thursday, 4/4/02 2:14 p.m. - - - BILL 020042 - Authorizing revision of lines and... BILL 020044 - Amend Philadelphia Zoning Maps to... BILL 020045 - Amend Philadelphia Zoning Maps to... BILL 020119 - Emergency Nuisance Abatement Program BILL 020142 - N. Delaware Ave. Spec. Dist. Controls. BILL 020150 - Fairmount Avenue Spec. Dist. Controls. BILL 020152 - Fairmount Avenue zoning designations. PRESENT: COUNCIL PRESIDENT VERNA, Chair COUNCILMAN JAMES F. KENNEY, Vice Chair COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN MICHAEL A. NUTTER - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 4/4/02 RULES COMMITTEE MEETING - INDEX WITNESS BILL 020142 State Representative Marie Lederer............. Dominic Sabatini, Penn's Landing Corporation 10 M. Megill, President, Fishtown Neighbors Assoc. 11 Bruce Trumper, construction contractor......... 14 Thomas Chapman, City Planning Commission....... 18 BILL 020150, 020152 Bill Greenlee, 15th Ward Democratic Leader..... 22 Patricia Freeland, President, Spring Garden CDC 23 J. Beller, Esquire, Counsel, Spring Garden CDC 26 Bill Hoffman, 12-year Fairmount Resident....... 27 Julie Welker, President, Welker Real Estate.... 31 L. Reynolds, Fairmount Civic Assoc. Board Member 32 David C. Thompson, Fairmount Resident.......... 33 Thomas Chapman, City Planning Commission....... 35 BILL 020042 Paul Lonie, Streets Department................. 39 Thomas Chapman, City Planning Commission....... 40 Ernest Covington, for Alvera Costa............. 41 Marlene Thompson, Mt. Airy Resident............ 43 BILL 020044 Thomas Chapman, City Planning Commission....... 44 Ken Weinstein, Restaurateur.................... 45 BILL 020045 Ken Weinstein, Restaurateur.................... 45 Thomas Chapman, City Planning Commission....... 47 BILL 020119 Otis Haigler, Licenses and Inspections......... 49 3 4/4/02 RULES COMMITTEE - BILL 020142
Good afternoon, ladies and gentlemen. The Council Committee on Rules will now get started. Just one announcement. Bill No. 020078 will not be heard today. There was a notice that went out for that. Bill No. 020078 will not be heard. For anyone here to testify on that bill, we will not be hearing it today. The first bill on our agenda is Bill No. 11 020142, which is an ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 16-24 entitled "North Delaware Avenue Special District Controls," under certain terms and conditions. It's the Chair's pleasure to recognize State Representative Marie Lederer, who is here to testify on this bill, and because of her schedule, we would like to have her come up first, before the Planning Commission. (Witnesses come forward.)
Good afternoon. STATE REP. LEDERER: Good afternoon, thank you. 4 4/4/02 RULES COMMITTEE - BILL 020142 I want to preface this by thanking each and every one of you for taking the time to listen to the problems that some of the clubs cause on Delaware Avenue, and I use Delaware Avenue because the problems -- most of the problems occur from Spring Garden Street north. That strip slept for some 30 years, and upon my election, it seems like all heck broke loose. Not only are they in my district, they're in my ward, they're in my division. And the effect that it has on people's lives is severe. If one person urinates on your property, it's a quality-of-life issue; you can easy hose it down in the morning. If a hundred people urinate, it really rips the social fabric of the entire community, and that's what we're facing. Others here today will testify of the effects on the neighborhood, and I won't go into that. There are many responsible establishments and few bad, but the bad have created a poor quality of life for my constituents, and I believe that we have to rectify it. We do have the power to do that. I'll just list some of the crimes that 5 4/4/02 RULES COMMITTEE - BILL 020142 were committed by club patrons in the last couple of years: The club Evolution had two murders; Gotham had one murder; Maui had one murder; Adrenaline had one murder. The shootings are just too numerous to list; aggravated assaults, too numerous to list; rapes too numerous to list. And the list goes on and on. My citizens' rights need not only to be considered, but they deserve to be protected from the bad clubs. I believe that we need to ensure the community's place at the table, and I think we should allow community to enter into the performance bonds, and I respectfully request that we do that. Thank you very much.
Thank you very much. And, Representative, I want to thank you for all of the that work do you in that neighborhood, and very happy to see that during redistricting, you've come in further into South Philadelphia, so we're happy to have you down there and know that you'll do as good a job for South Philadelphia as do you for Fishtown and the other areas in your district 6 4/4/02 RULES COMMITTEE - BILL 020142 STATE REP. LEDERER: Thank you.
There's one request that I would have of you. One of the things that concerned me and bothered me about the operation of many of these clubs is this phenomenon now where they're advertising on television to enter, 8 to drink. 9 STATE REP. LEDERER: Mm-hmm. 10
It is in my mind 11 pushing young people into a club-and-alcohol scene 12 well before the time they're supposed to do that. 13 And also the mixing of young men and women in the 14 same environment with alcohol -- people who are 15 able to purchase alcohol and imbibe it on the 16 premise. 17 I know there's a number of rules and 18 liquor control statutes that require separation of 19 premises, you know, safe rooms for the kids to be 20 in one room and the adults to be in another, but 21 very little, if any, of this ever really takes place from what I understand. STATE REP. LEDERER: Right.
In addition to that, they become a haven, many of these places, for the 7 4/4/02 RULES COMMITTEE - BILL 020142 sale of other types of designer drugs that aren't apparent to the club owners. So, for example, you have a guy in the bathroom selling one of these designer drugs, and the young person isn't necessarily drinking; however, they are high and they are exposed to dangers. And I think that young people in locations late at night with adults who are drinking, especially young women, are very much susceptible to these kinds of problems because of the mix. And I think that if you want to have a nightclub, you should have a nightclub; if you want to run a teen dance, you should have a teen dance. But the two of them, to me, never mix and never should mix. So what I would ask you to do with some of your colleagues is to investigate what we can do from the liquor code standpoint to try to either eliminate this practice or put so many controls on it that they don't want to do it anymore. I've heard horror stories from parents -- STATE REP. LEDERER: Sure. 8 4/4/02 RULES COMMITTEE - BILL 020142
-- who have come to pick up their kids from a nightclub because on the radio, Y-100, or some of these other radio stations, they're advertising this combination of to enter, to drink. 7 So any help you can give us in that 8 regard certainly would be very much appreciated. 9 STATE REP. LEDERER: Thank you. 10 Well, there's also the problem that 11 parents do not understand the dangers. Parents 12 will say to me, Well, there's no alcohol, I'm glad 13 they have someplace to go and have fun, there's no 14 alcohol. And I say to them, No, there's no 15 alcohol, they make more money selling bottles of 16 water because the kids have a tremendous thirst 17 from taking Ecstasy, they sell Special K. I'm not 18 saying the club sells them, but they're available, 19 and there's an atmosphere of permissiveness there. 20
Well, if the owners 21 of those places are selling water for $5 a bottle, I can assure you they know what's going on and they know what the score is. STATE REP. LEDERER: Well, but they're not selling it, they're not selling it. 9 4/4/02 RULES COMMITTEE - BILL 020142
Right. STATE REP. LEDERER: But the atmosphere to sell it is there, and I try to explain that to parents. I sent out a newsletter and explained it in the newsletter, and I will continue to do that. And it's just up to us change the laws to make it impossible for them to admit children. You talk about the spoiled rotten parties; the spoiled rot party is to 17. 11
See, I always 12 understood that the liquor code required that 13 anyone that entered a licensed premise must enter 14 with the accompaniment of their guardian or parents. And the way some of these clubs have gotten around it is that they use their own staff, their own security staff, their own bouncers as adults, you know, for so many children, and they're not supervising those kids; they just want the $10, or $15 cover charge at the door, and whatever they sell for their water. So anything you guys could do to really help us eliminate this practice would be very much appreciated from my perspective. STATE REP. LEDERER: The LCD regulation 10 4/4/02 RULES COMMITTEE - BILL 020142 is 50 students or children -- I call them "children" -- to one chaperone, one chaperone for 50. Now, you and I know that that will not work. Thank you very much.
Thank you very much, I appreciate it. Any questions for the Representative? (No questions.)
Thank you very much. Dominic Sabatini and Joe Brooks, please. (Witnesses come forward.)
I'm Dominic Sabatini of the Penn's Landing Corporation, and I'm here today to testify in favor of this bill. We think it's long over due getting more significant restrictions on some of these objectionable uses on the waterfront. I think in terms of the impact on the community, certainly Representative Marie Lederer is very familiar with that and well stated that earlier. But from a development standpoint, it will really have a negative impact if we don't get 11 4/4/02 RULES COMMITTEE - BILL 020142 a handle on what's happening there, particularly over the past year or two. We're experiencing great growth on the waterfront just south of there and we have tremendous interest just begin to go peak in that area too. Certainly, these types of crimes and the activity and behavior could really be harmful to future development and discourage particularly retailers from coming in. So we're really happy to see this action being taken and are just very strongly in favor of it.
Thank you very much. Any questions for Mr. Sabatini? (No questions.)
Thank you for your testimony. Margie Megill. Is Mr. Trumper here? Do you want to come forward also? (Witnesses come forward.)
I'm Margie Megill, President of the Fishtown Neighbors Association. The Fishtown Neighborhood Association 12 4/4/02 RULES COMMITTEE - BILL 020142 boundaries do include Delaware Avenue, from Laurel Street on the south, to Lehigh Avenue on the north, and I'm here today to show my support for this bill 5 and enlighten you on the way of life for residents who are in close proximity to the clubs from on Delaware Avenue, from Berks to Frankford Avenue. I'm sure you're all aware of the shootings that resulted in deaths at the Asylum and the Maui clubs, and you're aware of the shooting outside of Club Adrenaline, but I don't think you're aware of what these people really have to deal with on a regular basis because the clubs are open many nights during the week. Just bear with me for a little bit. Imagine having your sleep disturbed on a regular basis, having your car broken into or stolen, being awaken during the night with fights or gunshots; or imagine having to clean body excrements outside your home every morning; imagine the smell on a hot and humid Philadelphia summer day. What would your reaction be to finding a couple having sex on your doorstep or sex on the hood of your brand-new car. These things have all happened to our neighbors along there, and I'm not going to read 13 4/4/02 RULES COMMITTEE - BILL 020142 everything that I have here. It's a horrible way of life, and I don't think any of you would want to live that way. And I really hope and pray that you adopt this legislation and make it a better life for these people. Personally, I haven't figured out if Delaware Avenue is more like Sodom and Gomorrah or the Okay Corral. People that live there, they take care of their homes. We have generations that have lived there. We have some families, like mine, we have three generations living in the same house. You have family down the street, around the corner. The City wants to keep people from leaving. If you don't do something, these neighbors are eventually going to leave. Why invest in a property that you're going to have destroyed by the club patrons. You tell these club goers, you know, when you have problems, only to find your windows broken 'cause you complained. You complain to the operators, it falls on deaf ears, nobody wants to hear it. And I'm asking you, please, do us all a favor and adopt this bill. 14 4/4/02 RULES COMMITTEE - BILL 020142
It wouldn't be a favor; it's something we should be doing. Thank you. MR. Trumper.
My name is Bruce Trumper, and I'm here to voice support for the bill. I had prepared a statement that pretty much outlines my experience with the clubs and the trouble it has caused me as a small investor in the neighborhood. I'm a construction contractor and I live in the Blue Bell Hill section of Germantown in Philadelphia. About years ago, I was looking 14 for an investment property, specifically an old 15 building worthy of restoration in a neighborhood that seemed under-valued but with potential for improvement. When my interest in history and architecture drew me to Fishtown, a friend called my attention to a property for sale at 310 Richmond Street, a vacant firehouse built in 1846 by the Kensington Fire Company. The building was a dilapidated shell, there were hypodermic syringes on the sidewalk in front of the building. PennDOT's I-95 roadway is level with the third 15 4/4/02 RULES COMMITTEE - BILL 020142 floor of the building and the noise is deafening. Half of the buildings on Richmond Street were vacant, but the area had potential. I saw a neighbor sweeping up trash under the I-95 bridge, entry to park one block away had just been expanded to several acres, and a huge warehouse on the waterfront had just been demolished, revealing a beautiful view of the park, the river, and the waterfront from the old fire house. The building was irresistible to me for its history and its potential as a residence. I bought the property, and over several years, restored the facade of the building and adapted the interior for reuse as two apartments, preserving as many of the original features as possible. When a club on Delaware Avenue and Marlboro Street opened several years ago, problems began to occur every weekend. Club guests would park in front of my garage and in my driveway, blocking my truck in or out. In the mornings, I would vomit and the smell of urine in my doorways and used condoms all over the street and sidewalk, and dozens of beer bottles all over the street, up and down the block. 16 4/4/02 RULES COMMITTEE - BILL 020142 The problems grew worse and evolved with time. Club-goers' cars parked on side streets were easy prey for thieves who, once attracted to my street, did not distinguish between residents' cars and those of the club-goers. My tenants' cars were regularly broken into, cars were stolen, and everybody was awakened at and a.m. when the clubs closed for the evening the and hollering and gunshots and fighting in the streets began. After years of this sort of abuse with no relief in sight, I can understand why a renter would look elsewhere for a peaceful home. My first tenant stayed about six years; one moved to New Jersey, the other bought and rehabbed a vacant building only a few blocks away but a safe distance from the clubs. My next two tenants stayed for four years, then purchased a home together in the neighborhood several blocks away from the waterfront. My current tenants were relieved to hear the Maui Club was closed since they, too, have been subjected to the same sort of abuse. The proliferation of clubs on Delaware Avenue is already make the waterfront blocks of Fishtown hostile to residential use and 17 4/4/02 RULES COMMITTEE - BILL 020142 development, and the recent wave of applications for additional clubs in the area causes me to rethink the logic of trying to keep and further improve my building at 310 Richmond Street as a residential property. Since my property becomes less desirable for a residential use as its value for a use as some kind of club increases, the pressure is to get my money and get out while I can. This sort of climate only serves to further destabilize the neighborhood, which cannot benefit anybody. The nuisance clubs should not be permitted to do business at the expense of the residents, small businesses, and investors who make a positive contribution to the neighborhood.
Thank you very much for your testimony. Any questions for these witnesses? (No questions.)
Planning Commission, please. (Witness comes forward.) 18 4/4/02 RULES COMMITTEE - BILL 020142
Is there anyone else in the audience testifying on this bill? (No response.)
Good afternoon, members of the Rules Committee. My name is Thomas Chapman, the Director of Development Planning for the City Planning Commission, and I'm here today to testify on Bill No. 020142. This bill was introduced by Councilman Kenney for Councilman DiCicco on March 7, 2002. This bill would add a new section to the zoning code creating Section 14-1625, which would be entitled "North Delaware Avenue Special District Controls." As introduced, this district would be bounded by Vine Street, Second Street, Wood Street, Fifth Street, Lehigh Avenue, and the Delaware River. The following uses would be prohibited within this district: Dance halls, entertainment of guests and patrons as a main use, nightclubs, private clubs, restaurants, cabarets, and importantly, the expansion or extension of any use listed above, and that would include any existing use. 19 4/4/02 RULES COMMITTEE - BILL 020142 The Planning Commission is scheduled to consider this amendment to the code at its meeting of April 17, 2002, but I would state to the committee that we recognize the problem that these uses have caused in this area of the City and are well aware of the impacts that they've had on the surrounding residential communities.
Thank you very much for your testimony. Any questions? Councilmember DiCicco.
Thank you, Councilman. Mr. Chapman, David Fitz of my office is actually making some copies. There will be some amendments to the bill. Did you have an opportunity to speak to him about those?
Yes, I did, Councilman. There was one amendment, a minor amendment. On the second page of the bill, Section 22 3 g states: "The expansion or extension of any use listed in a. through e. above..." That should read "a. through f. above" so that it includes all of those uses. 20 4/4/02 RULES COMMITTEE - BILL 020142 And I also understand that there's going to be an amendment to the map to --
Yeah, I think we need to make the boundaries a little bit more clear. I think we all understood them, but for some reason, the way it's written in the bill, it doesn't meet with our original plan. We do not want included in the bill the area of Columbus Boulevard south of Spring Garden, and we're going to make that correction, and that will be up shortly, but everything else will stay in, and I believe Councilman Clarke, who will now be representing some of those neighborhoods that were formerly in the 1st Councilmatic District, has agreed to those changes as well.
Anyone else to testify? (No response.) - - - 21 4/4/02 RULES - BILLS 020150, 020152
Seeing none, the next bill is 020150, an ordinance amending Title 4 of the Philadelphia Code, entitled "Zoning and 5 Planning," by amending Chapter 14-1600, entitled 6 "Miscellaneous," by adding a new Section 14-1625, 7 entitled "Fairmount Avenue Special District 8 Controls," under certain terms and conditions. 9 I also will accept testimony on Bill No. 10 020152, which is an ordinance to amend the 11 Philadelphia Zoning Maps by changing the zoning 12 designations of certain areas of land located 13 within an area bounded by Fairmount Avenue, 22nd 14 Street, Aspen Street and 23rd. I understand that these are both in the same neighborhood, and people can feel free to give testimony on either or both bills. Councilmember Clarke.
Thank you Mr. Chairman. After further consultation with members of the community, we will be requesting some small amendments to this particular bill, the overlay. (Witness comes forward.)
Might as well let 22 4/4/02 RULES - BILLS 020150, 020152 the ward leader go first.
Mr. Chairman and members of the committee, my name is Bill Greenlee, and I'm here as the Democratic ward leader of the 15th Ward, which includes the area in question here in these two bills. Fairmount Avenue is the key corridor in the Fairmount and Spring Garden neighborhood. It's key for both residents, businesses, and visitors to the other restaurants and other attractions such as Eastern State Penitentiary. These bills are the work of agreement among various people in these neighborhoods of Fairmount and Spring Garden and the various businesspeople, some of whom are here today. It's the desire of all of the communities involved that this would be in the best interest of these neighborhoods. And I would respectfully request that these bills be approved, and I thank Councilman Clarke for all of the work he did on this issue.
Thank you very much 23 4/4/02 RULES - BILLS 020150, 020152 for your testimony. Who's next, please? (Witness comes forward.)
My name is Patricia Freeland, and I'm the President of the Spring Garden Community Development Corporation, and I'm also the President of the Spring Garden Civic Association. I'm here today in support of Bill No. 18 020152, which is to change the zoning of a certain parcel of lands at 22nd and Fairmount and which would also conform that zoning to that of the property in the immediate area. I'm also here in support of Bill No. 23 020150, which is a Fairmount Avenue zoning overlay, which would ensure that the commercial development in the area would be consistent with the unique mix 24 4/4/02 RULES - BILLS 020150, 020152 of residential and commercial uses in the area. Our organization, the Spring Garden CDC, owns the lot at 22nd and Fairmount, and it was developed as a parking lot in response to the needs of the community for parking for residents, businesses, and also the Eastern State Penitentiary. It's beautifully landscaped, it's well-lit with historical lights, it has a 24-hour-a-day attendant. Ordinance No. 020152 would allow the lot to remain in that use to conform with the needs of the community and the changing circumstances in the community. The bills have the support of the Civic Association and Spring Garden and also the Fairmount Civic Association. I understand there's representatives of the Fairmount Civic Association here, and I have extra copies of a letter from them if they need it. We also have a letter from the Eastern State Penitentiary, which I would ask Mr. White to bring up. The Eastern State Penitentiary abuts the parcel in question, and it has -- it's one of the most important historic landmarks in the City. 25 4/4/02 RULES - BILLS 020150, 020152 Without this lot, its operations will be seriously curtailed. You can see from their letter that they're very strongly in favor of this ordinance. I also have a letter from some nearby residents that I would ask Mr. White to bring up. These are residents who live on Wallace Street in the Spring Garden neighborhood near Fairmount Avenue. Prior to the development of the parcel, they were literally prisoners in their home at night. They couldn't go out in their cars because when they came back, they couldn't find a parking place anywhere; or if they did park somewhere, it was many blocks away, and they feared for their safety walking home. The lot has been responsible for a huge amount of increase of property values in the neighborhood, the stabilization of the business and restaurant community, and an overall increase in economic development in the area. So we would strongly urge you to support the two ordinances, including the overlay, which we think also will help stabilize the area. Thank you.
Thank you. 4/4/02 RULES - BILLS 020150, 020152 Mr. Beller?
Mr. Beller, could you just identify yourself for the record.
Joseph Beller, B-E-L-L-E-R, and I'm an attorney representing Spring Garden Civic, the Community Development Corporation. I've also represented Eastern State Penitentiary. They have tremendous plans. And to echo what Pat said, without that parking, a tremendous number of our citizens would not be able to see a historic landmark and one that will attract people to Philadelphia. I also want to thank Councilman Clarke, who's been very patient in going through this block by block and use by use on more than one occasion. And as he announced, there will be some amendments yet to come. So thank you and thank you, gentlemen.
I would also like to thank Councilman Clarke for all of his hard work.
Thank you very much. Who's next? 27 4/4/02 RULES - BILLS 020150, 020152 (Witness comes forward.)
My name is Bill Hoffman. I'm a resident, a 12-year resident of Fairmount. I've been active in the civic association for of 9 those 12 years, and I'm on the board and also 10 chairman of the Zoning Committee of the Fairmount Civic Association. With regard to these two bills -- 020152, which is the rezoning of what we'll call the lot, the parking lot, and 020150, which is the overlay provision -- the Fairmount Civic Association Board and membership support both of these. Just a little bit of history. Going back a number of years, when that lot was undeveloped and it was basically an abandoned lot used for free parking, it was a crime magnet, it was a problem in the neighborhood, and we worked very closely with the Spring Garden Civic Association to come up with ideas for what to do with that. It was owned by the Philadelphia School 28 4/4/02 RULES - BILLS 020150, 020152 District or board at the time. And one of the things we did was a survey of the neighborhood. The two most prominent uses for that lot that came up were parking and green space, and we feel the development, as it's been put in, addresses both of those. Some people would like a little bit more green space, but in order to make it economically effective, we think they did a very good job. It's beautifully designed, there's a children's play area, there's trees. The neighborhood strongly supports it. Even more so now with the economic development up in that area, parking has become a terrible issue. Even with the lot in use, parking is tough at any time. If that lot went out of business or were shut down, it would be really a bad problem, and I think it would affect property values. Also, one of the things we took into consideration when we came up with the idea for the lot in the first place was that you have the Art Museum there and you have the Eastern State Penitentiary, which at that time, was just struggling to get going, and they need parking. 29 4/4/02 RULES - BILLS 020150, 020152 And I know every time the Art Museum has one of its large exhibits, overflow parking comes up into that area. It benefits the restaurants in that area, and I just think it's a benefit to the neighborhood. With regard to the overlay, again, with the new development going on in the neighborhood, we think that to keep that strip of Fairmount Avenue in alignment with the rest of the neighborhood, it's got historical character, you've got a lot of residential townhouses right along the street. There's not a lot of area for commercial development, but where it goes in, we want it to be under certain restrictions and to conform with the rest of the neighborhood. I think the strongest part of that overlay is the setback provision, so that you don't have lots being demolished and then put parking in front of an establishment. I think it will help maintain the character and integrity of the neighborhood. Jan Zarkin (ph), who is the owner of Rembrandt's, asked me to introduce a letter from him on behalf of himself and his wife and his restaurant. And he also wrote a letter on behalf 30 4/4/02 RULES - BILLS 020150, 020152 of the Fairmount Civic Association in conjunction with Spring Garden and outlined a lot of the reasons why we support lot and the overlay. Jan is a member of the Fairmount Civic Association Board and also serves on the zoning committee. So although this letter is signed by Jan, it's really coming to you from the Fairmount Civic Association Board.
Thank you very much any questions for these witnesses? (No questions.)
Anyone else to testify on these bills, please come forward. (Witness comes forward.)
My name is Terri McNally. I'm a longtime resident of Fairmount/Art Museum area with my family, and I also am the owner of London Grill {"The London"). And I'm just here to say that I am in favor of this bill, 020152, to preserve the growth 31 4/4/02 RULES - BILLS 020150, 020152 and vitality of our neighborhood. The lot has provided an aesthetic sense of green space and safety and lights and economical parking for my patrons as well as my employees and as well as the tourists and guests of Eastern State Penitentiary and various other cultural and historical institutions within that area. I'm also in favor of the ordinance 10 020150. That's it. Thank you.
Thank you. For the record, you have a terrific restaurant. Congratulations. Anyone else? (Witness comes forward.)
I'm Julie Welker, President of Welker Real Estate, which has been operating in area for past years. And I'm also a resident of 22 the Fairmount community and own property on 23 Fairmount Avenue. 24 And I just want to state that the lot is 25 a tremendous benefit to our area. And I want to go 32 4/4/02 RULES - BILLS 020150, 020152 a step further: In my professional capacity as a Realtor, it would spell a death knoll for the restaurants who surround that lot. They absolutely need the parking to continue in existence. And I know that we want to see our neighborhoods thrive and grow in Philadelphia. And without that parking lot, the exact opposite would begin to happen. And as for the overlay, it's important that the street continue to develop along the same lines that the neighborhood is developing, and I support it.
Thank you very much. It's amazing that Senator Fumo does some good things occasionally, doesn't he? (Laughter.)
Anyone else to testify on this bill? Thank you. (Witness comes forward.)
I am Larry Reynolds, a 20-year resident of the Fairmount area. I'm also on the board of directors for the Fairmount Civic 33 4/4/02 RULES - BILLS 020150, 020152 Association. I'm also active in the Fairmount Town Watch, Aspen Street Town Watch, to be precise. And I was remarking last night when I was on one of my rounds that dealing with a parking lot I -- and I think I'll just focus on that if I may. In the past, before the parking lot was there, one of the things that we would do was make sure that we cut through the parking lot to count how many new abandoned cars were in the lot, or damaged cars or whatever, and then make reports on that. Now we just walk around the perimeter once. It's well-lighted, it's safe, it's secure, and it really is a tremendous boon for the neighborhood. I need not say more, as everyone else has said about what it's done to alleviate some of the parking problems, which are still not 100 percent, far from it, but it's been an enormous boon.
Thanks for taking the time, everyone, to come in. Anyone else? Please come forward. 34 4/4/02 RULES - BILLS 020150, 020152
My name is David C. Thompson. I live on Parrish Street in the neighborhoods. I was president of the Fairmount Civic Association when the idea initially came up from the Spring Garden CDC to develop that lot as a parking lot. We went through a couple of years of discussion at the civic association over this issue, and we had people that were opposed to it at that time, and some of them even were involved in lawsuits. I know of only one person still remaining who's against that lot. Many of the people that were against it initially -- when they saw it develop, they saw how it operated, they saw what a benefit it was, changed their minds and are in support. I am also concerned with the overlay bill that you're talking about because we want to see Fairmount Avenue developed in a way which is consistent with the desires of the neighborhood. And we strongly support the bill because we know it will allow for the kind of development we would like to see, and it would prevent the kind of development that we think would be detrimental to 35 4/4/02 RULES - BILLS 020150, 020152 us and our neighbors, even though it might make money for some big corporations. I support both bills. Thank you very much. And thank you to Councilman Clarke for his hard work on this matter.
Seeing none, we will now move to Bill 020042, which is an ordinance 12 authorizing the revision of lines and grades on a portion of City Plan No. 204. Does the Planning Commission want to give testimony on these two just for the record. We'll hold off on that bill and recognize the Planning Commission and 020150 and 020152. Please identify yourself for the record.
Thank you, Councilman Kenney. Once again for the record, my name is Thomas Chapman from the City Planning Commission. On Bill 020152, this bill rezones the block bounded by Fairmount Avenue, 23rd Street, Aspen Street, and 22nd Street. Currently, you can see on the map that Mr. Kramer's holding that the 36 4/4/02 RULES - BILLS 020150, 020152 block is zoned R10-A residential, and the proposed change is to C2 commercial. It's a 2.4-acre parcel of ground, and it's currently, as was stated earlier, been used as a community parking lot. So this change in zoning recognizes the commercial use of the property. Once again, the Planning Commission has not considered this bill but is scheduled to consider it at its meeting of April 17th. Regarding Bill No. 020150, the overlay, this bill would add a new section to the zoning code, creating Section 14-1625. That would be entitled "Fairmount Avenue Special District Controls." This district and overlay would apply to all commercially-zoned properties with frontage on the north side of Fairmount Avenue between Corinthian Avenue and Pennsylvania Avenue and on the south side of Fairmount between 21st Street and Pennsylvania Avenue. This covers the roughly five-block stretch of Fairmount Avenue As introduced -- I won't go through everything that would be prohibited, but I'll go through and highlight a number of uses that the community and Councilman Clarke would like to 37 4/4/02 RULES - BILLS 020150, 020152 prohibit in this area. And keep in mind that this list, I believe, is generated to recognize and enforce the general retail character that exists along Fairmount Avenue. Some of the prohibited uses would be: Animal hospital, dance hall, nightclub, private club, catering hall, automobile repair shops and other automobile-related uses, drug stores (unless smaller than 2000 square feet in floor area), fortune-teller establishments, hand laundry, medical surgical hospitals, outdoor sales or storage, takeout restaurants with drive-through or takeout service, sell-through windows, and accessory speakers or audio devices that cause music or voices to reach the public sidewalk area. This bill also establishes that there would be no setback permitted from the street line at Fairmount Avenue for any newly-erected buildings, and that, once again, is to be consistent with what's already there on Fairmount Avenue. It also limits the height of a new building to a maximum of 55 feet but, in no case, more than 4stories.
Okay, thank you very 38 4/4/02 RULES - BILLS 020150, 020152 much. Any questions? (No questions.)
Anyone else to testify on this bill? Councilmember Clarke?
Thank you, Mr. Chairman. I just want to make a brief statement. I'd like to thank both the members of the Fairmount Civic Association and the Fairmount Spring Garden Association and the CDC for all of their hard work. I'd also like to thank the businesses to for taking time to come down and testify and the residents. And I'd like to thank the Planning Commission for working with my office along with the organizations in the community to help craft this bill. I think this is much-needed. I would also like to state that subsequently, we will have further discussion about the remainder of Fairmount Avenue because we think at some point in time, we would like to craft some Special District Controls on another portion, but that's for another day and another time. 39 4/4/02 RULES - BILLS 020150, 020152 So I would like to thank you all very much.
We will now move to Bill No. 020042, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 204 by placing on the City Plan Brinton Street from Clearview Street to a dead-end turnaround northeasterly therefrom and by relocating a portion of Clearview Street from Johnson Street to a dead-end southeastwardly therefrom, all under certain terms and conditions, including a dedication to the City free clear of all encumbrances of the beds of Brinton Street and Clearview Street. Please identify yourself for the record. And I guess you have to really live there to know exactly what I'm talking about.
True. Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the 40 4/4/02 RULES - BILL 020042 following testimony on Bill No. 020042. This is not an Administration ordinance 4 but an ordinance requested by Mr. Alvera Costa, Costa Homes, from South Hampton, Pennsylvania. The purpose of this ordinance is to grant the legal authority to place Brinton Street on the City Plan for the development of new homes. 9 This ordinance is supported by the 10 Department of Streets and is recommended to your 11 committee for favorable action. 12
Good afternoon. Once 14 again for the Planning Commission, my name is 15 Thomas Chapman. 16 I really don't have much to Mr. Lonie's 17 testimony except that this development has been 18 reviewed and approved by the Planning Commission on 19 April 19, 2001 as part of the consideration of a 20 proposed subdivision.
Thank you very much. Any questions for these witnesses? (No questions.)
Anyone else to testify on this? Please come forward. 41 4/4/02 RULES - BILL 020042 (Witness comes forward.)
Good afternoon. Please identify yourself for the record.
Good afternoon. My name is Ernest Covington, President of Independence Ford Real Estate Development Company, and I'm here on behalf of Alvera Costa and Costa Homes. And I'm also a resident of Mt. Airy and the former president of the East Mt. Airy Neighbors. This lot that is being developed for a long time -- at least as long as I've known it -- has been full of drug paraphernalia and City Dumpster trash back in there. This is a win/win for the community. We've had several community meetings, all the near neighbors, and as best as we could, to try to convince them and work with Councilwoman Miller's office to develop this and put new houses on the tax rolls in Mt. Airy as 20 quality houses is a really big issue. And we appreciate the support from your committee and the rest of Council for this. Thank you.
Thank you very much. Councilmember DiCicco. 42 4/4/02 RULES - BILL 020042
This is the first time you're building homes in the City?
Not the first time for me personally. Mr. Costa's doing some stuff out in the Northeast.
About $139,000. And there's twins, nice spaces. They're going to be 11 about 1850 square feet. So it's for that market -- 12 and if you know about real estate in Mt. Airy, 13 there's no houses left, and we're having a real 14 difficult time, and quality housing is an issue. 15
So it's low- and 16 moderate-income housing, market-rate housing. 17
My name is Marlene Thompson and I am the committee person in the 22nd Ward, 22nd Division, and a resident of the block of Brinton Street. I've grown up on that block, been there since 1952, and it has always been vacant, and we really look forward to having some housing construction in that area. And the neighbors want to work very closely with the developer so that the residents that are there are not hindered by the developer. It's a very small, closed-in area, and we know that there's going to be some changes in traffic. So we do want to work very closely with the developer, but we are very pleased that something is being done with that lot. Thank you very much.
Terrific, thank you. Anyone else? (No response.) - - - 44 4/4/02 RULES - BILL 020044
We will now move to Bill No. 020044, an ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area generally defined as the intersection of Germantown Avenue and Gowan Avenue, extending approximately 67 feet northwestwardly along Germantown Avenue. Please identify yourself for the record.
Good afternoon. Once again for the City Planning Commission, my name is Thomas Chapman. Bill No. 020044 amends the Philadelphia zoning maps by changing the zoning designation of a property known as 7402 Germantown Avenue to a designation of C12 commercial. This property was formerly used as an incidental dentist office. On June 23, 1995, this property was granted a zoning variance to be used as a restaurant. It was the subject of a further variance on September 12, 2000 for the purpose of erecting several additions to the structure. The purpose of this is merely bill to recognize the existing commercial land use of this 45 4/4/02 RULES - BILL 020044 property. And the Planning Commission, at its meeting of February 20, 2002, recommended that Bill 4 No. 020044 be approved. Mr. -- members of the committee, I'd just like to note that we received a request, a late request, from the Law Department to supply different maps for this bill. The Law Department felt that the maps that were included with the introduction of this bill didn't give a good enough picture of the property that was being designated. So we've supplied you with bills that kind of put the property that's being rezoned in a better context, I guess you'd say, but it doesn't change the --
Thank you. Anyone else to testify on this bill? Please. (Witness comes forward.)
Thank you for hearing 46 4/4/02 RULES - BILL 020044 this bill. My name is Ken Weinstein, owner of this property Cottage Cafe, and also for the next piece of legislation, 020045, is another one of our restaurants, Trolley Car Diner. We, in of the past five years, have renovated both of these buildings that were previously vacant and created 75 jobs in the meantime, and we're very proud to be partners with the community. These properties, for whatever reason, have always been zoned residential and should be zoned commercial. And I appreciate you're hearing this bill.
Thank you for your testimony and welcome back Anyone else to testify on this bill? (No response.) - - - 47 4/4/02 RULES - BILL 020045
Seeing none, we will now move to Bill No. 020045, which is an ordinance 4 to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Woodbrook Lane, a railroad right-of-way, Rolford Street, and Germantown Avenue. Let Mr. Weinstein's comments apply to this bill also, and please identify yourself for the record.
Good afternoon. Once again, Tom Chapman for the City Planning Commission. Bill No. 020045 amends the Philadelphia Zoning Maps by changing the zoning designations of an area bounded Woodbrook Lane, a rail right-of-way, and Germantown Avenue from the zoning designation of partly C7 commercial and partly R5 residential to a designation of C7 commercial. This bill extends the area designated as C7 to include an adjacent parcel. The property at the northeast corner of Woodbrook Lane and Germantown Avenue is currently used as a diner and has recently acquired the adjacent parcel of land, which is intended to be used as additional parking 48 4/4/02 RULES - BILL 020045 for the diner. The purpose of this bill is to recognize the existing acquisition and proposed commercial land use of the property. The Planning Commission, at its meeting of February 20, 2002, recommended that Bill No. 020045 be approved. And, once again, we were asked by the Law Department to supply new maps that put the property in a better context, and we've done that.
Anyone else to testify on this bill? (No response.) - - - 49 4/4/02 RULES - BILL 020119
Seeing none, we will now move to Bill No. 020119, which is an ordinance 4 amending Section PM-309.0 of the Philadelphia Code, entitled "Emergency Nuisance Abatement Program," by adding the 25th, 31st, and 45th Wards to the designated area in which properties must be located in order to be eligible for participation in the Emergency Nuisance Abatement Program, and by making certain technical amendments, all under certain terms and conditions. Mr. Haigler, please identify yourself for the record.
Good day Councilmembers and members of the committee, I am Otis Haigler Jr, Legislative Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill No. 020119, which, if enacted, will amend Section PM-309 of the property maintenance code to add wards or locations which will be subject to the Emergency Nuisance Abatement Program. With respect to Bill 020119, the Department of Licenses and Inspections offers no 25 objections to the enactment of the proposed bill. 50 4/4/02 RULES - BILL 020119 Thank you.
That's what I love about you, Mr. Haigler, succinct and to the point always. Thank you Any questions for Mr. Haigler? (No questions.)
Seeing none, that will conclude the public hearing. - - - 51 4/4/02 RULES - PUBLIC MEETING
We will now convene a public meeting. The Chair recognizes Councilman Clarke for a motion on Bill No. 020042. I suspect, since we've had no requests for suspension, that these do not need to be suspended? No suspension requested.
Thank you, Mr. Chairman. Mr. Chairman, I'd like to offer --
This is just -- this is Donna Miller's bill, just to get it out.
With this change in the room, I have to get acclimated. I move that Bill No. 020042 be reported out of committee with a favorable recommendation. (Duly seconded.)
Moved and seconded. All in favor, aye. There are none opposed. Bill No. 020042 Will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember DiCicco for a motion on Bill No. 020044. 52 4/4/02 RULES - PUBLIC MEETING
Excuse me, an amendment was submitted. I think that needs to be approved first.
The new maps require an amendment? Okay, fine. Then the Chair recognizes Councilmember DiCicco for a motion to approve the amended map on 020044.
I move the approval of the amendment to Bill No. 02044 (Duly seconded.)
Moved and seconded. All in favor, aye. There are none opposed. 53 4/4/02 RULES - PUBLIC MEETING The amendment is approved. The Chair recognizes Councilman DiCicco on the amended bill.
I move that Bill 6 No. 020044, as amended, be reported out of this committee with a favorable recommendation. (Duly seconded.)
Moved and seconded. All in favor, aye. There are none opposed. Bill No. 020044, as amended, will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman DiCicco for a motion on Bill No. 020045 for the approval of the amendment.
I move that the amendment to Bill No. 020045, as reported in the testimony, be approved. (Duly seconded.)
Moved and seconded. All in favor, aye? 54 4/4/02 RULES - PUBLIC MEETING There are None opposed. The amendment to Bill No. 020045 is approved.
I move that Bill 7 No. 020045, as amended, be reported out of this committee with a favorable recommendation. (Duly seconded.)
Moved and second. All in favor, aye? There are none opposed. Bill No. 020045, as amended, will be reported out of this committee favorably. The Chair recognizes Councilmember DiCicco for a motion on Bill No. 020119.
I move that Bill 18 No. 020119 be reported out of this committee with a favorable recommendation and a further questions that its rules of Council be suspended. (Duly seconded.)
Moved and second. All in favor, aye? There are none opposed. Bill No. 020119 will be reported out of 55 4/4/02 RULES - PUBLIC MEETING this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember DiCicco to approve the amendment to Bill No. 7 020142. Please read the amendment into the record.
Thank you, Mr. Chairman. Bill No. 020142. I will read the amendments into the record. On , Section 2, I'll read the entire section. District boundaries. For the purposes of this section, the North Delaware Avenue area Special Services District Controls shall apply to the area bounded by Vine Street, Second Street, Wood Street, Fifth Street, Girard Avenue, Frankford Avenue, Lehigh Avenue, and the Delaware River, Spring Garden Street, and Second Street. In section 3 (g) the expansion of extensions of any use listed in a. through -- strike e, insert (F) above. I move that the amendments to this bill 25 be approved. 56 4/4/02 RULES - PUBLIC MEETING (Duly seconded.)
Moved and seconded. All in favor, aye? There are none opposed. The amendments are approved. The Chair recognizes Councilman DiCicco.
Thank you, Mr. Chairman. I move that Bill No. 020142, as amended, be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. (Duly seconded.)
Moved and seconded. All in favor, aye. There are none opposed. Bill No. 020142, as amended, will be reported out of this committee favorably, and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Clarke for a motion on the approval of the amendment to 020150. 57 4/4/02 RULES - PUBLIC MEETING
Thank you, Mr. Chairman. The section of the amendments are as follows on Bill No. 020150. Section 3 would delete athletic -- I'm sorry, Section 3 b on the first one. Section 3 j, after the medical centers, add "of more than 4,000 square feet." On Section 3 l, we want to delete "restaurants, cafe, and coffee shops," and we also wants to delete "primarily." In Section 3, we're adding a new section, new p, 3 p. We would like to add "food markets of more than 2500 square feet."
I would request that a written copy be given to the stenographer so that it's clear.
I'd like to move for the adoption of these amendments to Bill No. 22 020150. (Duly seconded.)
Moved and second. All in favor? 58 4/4/02 RULES - PUBLIC MEETING There are none opposed. Bill No. 020150 will be amended accordingly. The Chair recognizes Councilmember Clarke.
Thank you, Mr. Chairman. I'd like to move on Bill No. 020150, as amended, that it be reported out of committee with a favorable recommendation and a request for a suspension of the rules to allow for first reading at our next session of Council. (Duly seconded.)
Moved and seconded. All in favor, aye? There are none opposed. Bill No. 020150, as amended, will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Clarke on Bill No. 020152.
Thank you, Mr. Chairman. I move that Bill No. 02152 be 59 4/4/02 RULES - PUBLIC MEETING reported out of committee with a favorable recommendation and a request for a suspension of the rules so as to allow for first reading at our next session Council. (Duly seconded.)
Moved and seconded. All in favor, aye. There are none opposed. Bill No. 020152 Will be reported out of this committee favorably and a request will be made for a rules suspension to allow for first reading at our next Council session. That concludes the business of the Rules Committee. Thank you very much. - - - (Proceedings end at 3:25 p.m.) - - - 60 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee on Rules of Thursday, April 4, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. RE: Ordinance No. 020044, 020045, 020119, 020142, 020150, 020152 _______________________________, Josephine Cardillo Registered Professional Reporter and 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.)