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Minutes

Committee Hearing, April 13, 2010

Philadelphia City Council Committee HearingsApr 13, 2010

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, April 13, 2010 9:30 a.m. - - - PRESENT: COUNCILMAN JAMES F. KENNEY, VICE-CHAIR COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. BILLS 090837, 100096, 100133, 100161, 100195, 100196 and 100197 - - - 2

Councilman Kenney

Good morning, ladies and gentlemen. The Committee on Rules is now in session. We have a quorum with Councilmembers Greenlee, Blackwell, DiCicco, Wilson Goode and Councilman Kenney as Vice-Chair. We're here to take testimony on a number of bills. First is Bill No. 11 090837, which is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Wayne Avenue, Walnut Lane and Penn Central Railroad Right-of-Way. Please identify yourself for the record and proceed.

Mr. Kramer

Good morning, Chairman Kenney, members of the Rules Committee. I am William Kramer, Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 090837, which was 3 4/13/10 - RULES - BILL 090837, etc. introduced by Councilmember Miller November 19, 2009. Bill No. 090837 amends the Philadelphia Zoning Maps for an area bounded by Wayne Avenue, Walnut Lane and Penn Central Railroad Right-of-Way. The bill changes the zoning designation of a property from the existing zoning designation of "R-14" Residential to a designation of "C-2" Commercial. Originally constructed in the 1960s as a commercial building for Scott Cadillac Auto Dealership with a zoning variance, the building is currently used as a multi-tenant commercial building, with uses from dry cleaning to auto repair with body and fender work. The owner proposes to continue the multi-tenant commercial uses and limit any new uses to those permitted by the "C-2" Commercial district. By changing the zoning of the property, the owner will not be required to obtain a variance from the Zoning Board of Adjustment for every new tenant. 4 4/13/10 - RULES - BILL 090837, etc. The Philadelphia City Planning Commission at its meeting of December 8, 2009 considered Bill No. 090837 and recommended approval. This concludes my testimony. I appreciate the opportunity to appear and will answer any questions you may have.

Councilman Kenney

Thank you very much for your testimony. Any questions for this witness? (No response.)

Councilman Kenney

Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none, I don't know whether we should move to Bill No. 100096 before Councilman Jones gets here or -- I think we'll skip one or two down, and then if he does come in, we'll take that. The next Bill is 100133. It's an ordinance to amend the Institutional Development District Master Plan of Temple University by allowing for the 5 4/13/10 - RULES - BILL 090837, etc. construction of additions to Pearson and McGonigle Halls which are located at 1800 North Broad Street. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Kenney and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill 13 No. 100133, which was introduced by Councilman Clarke March 4, 2010. The purpose of this bill is to approve an amendment to the Institutional Development District Master Plan for Temple University. This same Master Plan amendment was considered and approved by the Philadelphia City Planning Commission February 16, 2010. Pearson and McGonigle Halls are located on this site. The buildings were constructed in 1969 and contain swimming pools, gymnasiums, locker rooms, labs, 6 4/13/10 - RULES - BILL 090837, etc. classrooms and offices. The proposal is to construct a new grand entrance/atrium with retail and cafe space on the Broad Street frontage of the building and construct an additional floor over the existing footprint of Pearson Hall. The addition of approximately 140,000 square feet will house basketball practice courts, recreational sports facilities, exercise/yoga rooms, weight rooms, classrooms and office space. The Philadelphia City Planning Commission at its meeting of February 16, 2010 recommended approval of Bill No. 16 100133 as an item in accord with previous policy. It should be noted that there will be a companion Streets ordinance 20 which will be introduced in the near future -- and already has been -- that will permit the building to encroach upon the right-of-ways of the surrounding streets. This is necessary as the additions will need foundation columns 7 4/13/10 - RULES - BILL 090837, etc. for structural support. That is the conclusion of my testimony. I'd be happy to answer any questions the Committee may have.

Councilman Kenney

Thank you very much. Any questions for this witness? (No response.)

Councilman Kenney

Seeing none, anyone else to testify on this bill? (No response.)

Councilman Kenney

Thank you very much. The next bill is Bill No. 17 100161, which is an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-703.2, entitled "Passive Recreation District (REC-P)," by revising the rules and regulations that apply within passive recreation districts, under certain terms and conditions. 8 4/13/10 - RULES - BILL 090837, etc. Please identify yourself for the record.

Mr. Kramer

Good morning, Mr. Chairman and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill 10 No. 100161, which was introduced into City Council March 11, 2010. Bill No. 100161 amends Section 13 14-703.2 of The Philadelphia Code, entitled "REC-P" Passive Recreation Districts. Specifically, this bill removes the requirement that any building that occupies more than 600 square feet must be certified as compliant with the green building standards known as "LEED" Leadership in Energy and Environmental Design. This regulation is being removed, as only buildings over 1,000 square feet may be considered for LEED and that smaller structures such as 9 4/13/10 - RULES - BILL 090837, etc. restrooms would not be eligible for LEED certification. Additionally, the prohibition on parking and roadways is being lifted. This would permit the uses in this district to have parking lots and would permit accessibility by automobile. The Philadelphia City Planning Commission will consider Bill No. 100161 at their meeting on April 20, 2010. The bill will be presented with a staff recommendation of approval. That is the conclusion of my testimony. I'd be happy to answer any questions you may have.

Councilman Kenney

Thank you very much. Any questions for this witness? (No response.)

Councilman Kenney

Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing no 25 one, we'll move to Bill No. 100195, which 10 4/13/10 - RULES - BILL 090837, etc. is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Logan Street, 20th Street, Rockland Street, 18th Street, Windrim Avenue, Germantown Avenue, Roberts Avenue, Wayne Avenue, Windrim Avenue, Roosevelt Boulevard, Roberts Avenue, Pulaski Avenue, Apsley Street, Stenton Avenue, Abbotsford Avenue and Germantown Avenue. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Kenney and members of the Rules Committee. I am William Kramer, Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 100195, which was introduced by Councilmember Miller March 25th, 2010. Bill No. 100195 amends the Philadelphia Zoning Maps for an area 11 4/13/10 - RULES - BILL 090837, etc. bounded by Logan Street, 20th Street, Rockland Street, 18th Street, Windrim Avenue, Germantown Avenue, Roberts Avenue, Wayne Avenue, Windrim Avenue, Roosevelt Boulevard, Roberts Avenue, Pulaski Avenue, Apsley Street, Stenton Avenue, Abbotsford Avenue and Germantown Avenue located in the Germantown and Nicetown communities of the City. The purpose of the rezoning is to update the existing zoning designations for the area, including the rezoning of some properties from a designation of "G-2" General Industrial to an "L-4" Limited Industrial classification along Stenton Avenue, as well as designating some properties along Wayne Avenue with the "C-3" Commercial designation. In January 2009, the Philadelphia City Planning Commission adopted the Germantown and Nicetown Transit-Oriented Plan. The staff worked extensively with the communities and the Council office in the creation and 12 4/13/10 - RULES - BILL 090837, etc. adoption of this plan, and this bill 3 represents the first step in its implementation. A major recommendation in the plan was to update the zoning classifications in order to help spur development in this area. The proposed zoning changes are intended to update the zoning designations of properties to match their current uses or to guide future development in the area. The zoning change to the "C-3" Commercial designation utilizes transit-oriented development principles owing to the close proximity to the Wayne Junction rail station of several vacant industrial properties. As a result of the review by the City's Law Department, several technical amendments were required to this bill. These amendments do not change the substance of the bill, but are meant to clarify the maps associated with this legislation. I respectfully submit the amendments for your consideration. 13 4/13/10 - RULES - BILL 090837, etc. The Philadelphia City Planning Commission is scheduled to consider Bill 4 No. 100195 at their meeting of April 20, 2010. It will be presented by staff with a favorable recommendation and is consistent with the guidelines of the Germantown-Nicetown Transit-Oriented Plan adopted by the Commission in January of 2009. This concludes my testimony. I appreciate the opportunity to appear before you and will be happy to answer any questions you may have.

Councilman Kenney

Thank you very much. Any questions for this witness? (No response.)

Councilman Kenney

Seeing none, anyone else to testify on this bill? (No response.)

Councilman Kenney

The next bill is 100196, which is an ordinance to amend the Philadelphia Zoning Maps by 14 4/13/10 - RULES - BILL 090837, etc. changing the zoning designations of certain areas of land located within an area bounded by Germantown Avenue, Chelten Avenue, Kenyon Street, Schoolhouse Lane, Wissahickon Avenue and Rittenhouse Street. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Kenney, members of the Rules Committee. I am William Kramer, Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 100196, which was introduced by Councilmember Miller March 25th of 2010. Bill No. 100196 amends the Philadelphia Zoning Maps for an area bounded by Germantown Avenue, Chelten Avenue, Kenyon Street, Schoolhouse Lane, Wissahickon Avenue and Rittenhouse Street located in the Germantown community of the City. The purpose of the rezoning is 15 4/13/10 - RULES - BILL 090837, etc. to upgrade the zoning designations to match the existing development in some instances and to encourage higher development in others. In the area of Chelten Avenue from Wayne Avenue to Germantown Avenue, the zoning designation was changed to a designation of "C-2" Commercial from either a "C-3", "C-7" Commercial or an "NSC" Neighborhood Shopping Center. This action is being recommended in order to recognize the existing pattern of development in these blocks. The block of Chelten Avenue between Morris Street and Pulaski Avenue is being recommended to be changed to a zoning designation of "C-3" Commercial consistent with the transit-oriented principles owing to the location of the rail station. In January 2009, the Philadelphia City Planning Commission adopted the Germantown and Nicetown Transit-Oriented Plan. The staff worked extensively with the communities and the 16 4/13/10 - RULES - BILL 090837, etc. District Council office at creating the plan. A major step in implementing the recommendations of the plan was to update the zoning classifications in order to help spur development in this area. As a result of the review by the City's Law Department, several technical amendments were required to this bill. These amendments do not change the substance of the bill, but are meant to clarify the maps associated with this legislation. I respectfully submit those amendments for your consideration. The Philadelphia City Planning Commission will hear Bill No. 100196 at its meeting of April 20th, 2010. It will be presented by staff with a favorable recommendation and is consistent with the guidelines of the Germantown and Nicetown Transit-Oriented Plan adopted by the Commission in January of 2009. This concludes my testimony. I appreciate the opportunity to appear and will answer any questions you may have. 17 4/13/10 - RULES - BILL 090837, etc.

Councilman Kenney

Thank you. Are the amendments, have they been generated by the sponsor of the bill or by the Planning Commission?

Mr. Kramer

They were generated by the Planning Commission. I have them here for both --

Councilman Kenney

Have they been vetted and approved by the Councilperson?

Mr. Kramer

They are simply adding dimensions and clarifying some issues on the maps themselves.

Councilman Kenney

But is that with the concurrence of the District Councilperson?

Mr. Kramer

Yes. Nothing of substance was changed. It was -- the Law Department would say we needed an additional dimension here or there or clarify this line, but nothing has changed substantively in terms of changing a designation.

Councilman Kenney

Thank you. 18 4/13/10 - RULES - BILL 090837, etc. Any questions for this witness? (No response.)

Councilman Kenney

Anyone to testify on this bill? (No response.)

Councilman Kenney

Seeing none, Bill No. 100197 is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Knox Street, Wyneva Street, Wayne Avenue, Logan Street, Pulaski Avenue and Manheim Street. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Kenney, members of the Rules Committee. I am William Kramer, Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 100197, which was introduced by Councilmember Miller March 25th of 2010. 19 4/13/10 - RULES - BILL 090837, etc. Bill No. 100197 amends the Philadelphia Zoning Maps for an area bounded by Knox Street, Wyneva Street, Wayne Avenue, Logan Street, Pulaski Avenue and Manheim Street located in the Germantown community of the City. The purpose of this bill is to reflect the existing pattern of land use that exists in this area. Primarily the changes involved have the existing "C-2" Commercial designation along portions of Wayne Avenue being changed to a designation of either "R-5" Residential or "C-1" Commercial to reflect the existing uses and structures on those particular blocks. In January 2009, the Philadelphia City Planning Commission adopted the Germantown and Nicetown Transit-Oriented Plan. The staff has worked extensively with the communities and the District Council office in the creation of the plan. Bill No. 100197 represents the first step in its 20 4/13/10 - RULES - BILL 090837, etc. implementation. Accordingly, this remapping was created to update the zoning designations of the properties to match their current uses. As a result of the review by the City's Law Department, several technical amendments were required of the bill. These amendments do not change the substance of the bill, but are meant to clarify the maps associated with the legislation. I respectfully submit the amendments for your consideration. The Philadelphia City Planning Commission will hear Bill No. 100197 at its meeting of April 20th, 2010. It will be presented by staff with a favorable recommendation and is consistent with the guidelines of the Germantown and Nicetown Transit-Oriented Plan adopted by the Commission in January of 2009. This concludes my testimony. I appreciate the opportunity to appear and will be happy to answer any questions you may have. 21 4/13/10 - RULES - BILL 090837, etc.

Councilman Kenney

Thank you very much. Any questions for this witness? (No response.)

Councilman Kenney

Anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none, Bill No. 100096 is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 59th Street, Lancaster Avenue, 62nd Street, Woodbine Avenue, and Upland Way. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Kenney and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 100096, which was introduced 22 4/13/10 - RULES - BILL 090837, etc. by Councilmember Jones February 25, 2010. Bill No. 100096 will rezone the parcel known as 5901-09 Lancaster Avenue in the area bounded by 59th Street, Lancaster Avenue, 62nd Street, Woodbine Avenue, and Upland Way from a zoning designation of "G-2" General Industrial to a new designation of "C-3" Commercial. The zoning change will permit this property to be developed with approximately a 9,400 square feet two-story retail/commercial office building. The staff of the Planning Commission believes that the "C-3" Commercial classification is unnecessary given that the uses that are being pursued are also permitted in a "C-2" district and the plan itself calls for only a two-story structure. Rezoning to "C-3" would give the parcel a floor area ratio of 450 percent or 550 percent of the lot, which would permit a structure that could be five stories or higher, 23 4/13/10 - RULES - BILL 090837, etc. which would be out of character with the existing building stock. The Philadelphia City Planning Commission also raised concerns that the proposed building itself should be located on the site at the street line and relocate the proposed parking lot to the rear of the building in order to respect the urban fabric in this area. Additionally, the neighboring property owner along Lancaster Avenue has requested that his property at 5925-43 Lancaster Avenue be included in the provisions of Bill 100096. This would rezone an additional 450 feet of property along Lancaster Avenue to a zoning designation of "C-3" Commercial. The site is currently an existing one-story structure occupied with an auto parts store and accessory parking. A second retail space is intended to be leased to a kidney dialysis center, which would be facilitated by the proposed rezoning. These uses would be permitted under both 24 4/13/10 - RULES - BILL 090837, etc. the "C-2" and the "C-3" Commercial zoning designations. Based on these facts, we are offering an amendment to the bill 5 which would rezone the property from an existing designation of "G-2" General Industrial to a new classification of "C-2" Commercial. Bill No. 100096 is a reintroduction of Bill No. 100078 which, based on some technical issues, required reintroduction. The Philadelphia City Planning Commission at its meeting of February 16, 2010 considered Bill No. 15 100078 and recommended it be approved with the proposed amendment. This would make Bill No. 100096 a matter of previous policy and, accordingly, the Philadelphia City Planning Commission recommends the approval of Bill No. 100096 with the proposed amendment. This is the conclusion of my testimony. I'd be happy to answer any questions that the Committee may have.

Councilman Kenney

Before we 25 4/13/10 - RULES - BILL 090837, etc. get into questioning on 100096, let me go back to 100196 and 100197.

Mr. Kramer

Yes, sir.

Councilman Kenney

Your testimony in 100196 was there was an amendment, correct, technical amendment to 196?

Mr. Kramer

Yes, sir.

Councilman Kenney

Generated by the Planning Commission?

Mr. Kramer

Yes, sir.

Councilman Kenney

Is there an amendment to 100197?

Mr. Kramer

Yes, sir.

Councilman Kenney

You didn't mention that in 197.

Mr. Kramer

No, I actually did. I said as a result of the review by the City's Law Department.

Councilman Kenney

I thought that was 196.

Mr. Kramer

There were three bills. They were all transit-oriented related to the plan, 195, 196 and 197. 4/13/10 - RULES - BILL 090837, etc.

Councilman Kenney

Bill 195 is getting an amendment also?

Mr. Kramer

Yes, sir. All three of them needed an amendment based on technical issues with the Law Department. It would have to do with the zoning change bill, the maps themselves, there were issues with the way that the dimensions were placed on the maps and some of the locations of the classifications. That's the technical amendments.

Councilman Kenney

I don't particularly care what the amendments are. All I'm saying is that the only amendment that was mentioned was 196. You're telling me that 195 and 197 are also being amended?

Mr. Kramer

Yes, sir.

Councilman Kenney

There's no 22 amendment for 195 here, unless it was done -- and none of the amendments are numbered, so it's like kind of --

Mr. Kramer

I apologize for 27 4/13/10 - RULES - BILL 090837, etc. that. That was an oversight.

Councilman Kenney

Just give us a second until we find the amendment to 195. I think we're okay. I'm not sure, but all right. Let's go for questions on 100096. Any questions for this witness on 100096? Councilman Greenlee.

Councilman Greenlee

Just I note -- good morning, Mr. Kramer. I know the District Councilman is here now, so I guess he can address it better, but I just wanted to raise your concern about from "C-2" to "C-3." Obviously the Councilman believed he wants more flexibility in the ability to build there. What is the big problem? I mean, what is the -- I know you said it's not consistent, but sometimes we're not consistent. We think it serves a better purpose.

Mr. Kramer

The Commission, 28 4/13/10 - RULES - BILL 090837, etc. when it reviewed the bill in question, had in front of it a proposal that gave us a plan of development, if you want to call it that, for this proposed site. The plan of development that was presented to us was talking about retail/commercial office space, as well as a possible charter school or school-type situation on the second floor of a two-story building. Based on the square footage of the building, the location of the building on the site itself, it would have been a matter of right under "C-2." "C-3" would have allowed a lot more of a development on the site and had potential. While I'm not necessarily opposed to that, nor was the Commission necessarily opposed to that, in changing the zoning, we were changing the zoning to the classification that would have permitted what was on the table in front of us; in this case, a "C-2" development, which is where the recommendation came from. 29 4/13/10 - RULES - BILL 090837, etc. Since that Commission meeting, we have been contacted by the next-door neighbor, who also wants to have his property rezoned to be consistent with what he's doing. His auto parts store is not just the sales of auto parts, but it also represents wholesale sales, which in fact is more of a "C-3" Commercial classification. I find myself in a position where, yeah, that makes a whole lot of sense, but the Commission had already had the one plan on its table and said "C-2." I'm bound by what the Commission tells me to do. But the "C-3" classification as presented with the addition of the property next door; in other words, going up an additional 450 feet on Lancaster Avenue, makes sense to make it "C-3" Commercial on the entire thing. I don't have a real problem with leaving it as a "C-3" Commercial classification. Just be aware that it's my recommendation, not that necessarily of the Commission itself, because the 30 4/13/10 - RULES - BILL 090837, etc. Commission hasn't seen it.

Councilman Greenlee

I understand. So really we're not being inconsistent, in a sense.

Mr. Kramer

No. But in fairness, we are in the proces of doing a comprehensive plan, part of which will be a district plan, at which time we very well may have changed this to be something to recognize more potential to be a "C-3" site. But without having done the research to do the district plan, based on what we had on the table, that's where the recommendation came from.

Councilman Kenney

Just one aside. Who contacted you? The neighbor of the property contacted who?

Mr. Kramer

The initial letter from the next-door neighbor went to Councilman Jones. Councilman Jones' office contacted me, because we actually draft the bills, and then I met with the gentleman Friday.

Councilman Kenney

Councilman 31 4/13/10 - RULES - BILL 090837, etc. Jones, do you have any illumination on this?

Councilman Jones

Always. First of all, to the professionals at the Planning Commission, I always respect their ability to be overly cautious and err on the side of caution, and I respect that. Having some understanding of Crest Auto in a prior life, I funded them at PCDC and was able to get them to move into that building. Furthermore, Lancaster Avenue is a commercial corridor that not only did I grow up on, but I helped to administer resources from the City of Philadelphia over a decade's period of time. I have, unbeknownst to the Planning Commission, an understanding of what the overall future plan for that area is, which includes an expansion of Overbrook High School into almost an education complex. I also understand that we've invested $1.7 million in capital 32 4/13/10 - RULES - BILL 090837, etc. infrastructure in that area in anticipation of future growth. I also understand that when it comes to transit-oriented development, that this is a key intersection, and Old Lancaster Avenue actually feeds right into the Main Line, and that if we are able to, through density, make those parcels more attractive, that there is a future for that commercial corridor. The Lancaster Avenue Business Association works very hard to attract people there under its current zoning and has been moderately successful, more in the way of not losing more businesses as opposed to attracting more businesses. As you are keenly aware, Councilman, we lost a grocery store there in Councilman Clarke's district. He understands that that's probably the low-hanging fruit for employment and opportunities for people from the neighborhood. So by increasing density, what we hope to do is attract a wider audience 33 4/13/10 - RULES - BILL 090837, etc. of developers that would be interested in that area. By doing this in advance, we can start that process earlier and help to create an economic opportunity. Over this recession, we've had one ribbon cutting that I went to, which was a Domino's Pizza, and I cannot tell you how happy the neighborhood was just to have some kind of business there. But I believe with this zoning change, that we'll create a more lucrative opportunity for developers and I believe that this is the way to go. Thank you, Mr. Chairman.

Councilman Kenney

Thank you very much. Were there going to be any amendments to this bill?

Councilman Jones

Say it again.

Councilman Kenney

Are there any amendments to this bill?

Councilman Jones

Yes.

Councilman Kenney

Okay. Any 34 4/13/10 - RULES - BILL 090837, etc. other questions for this witness? (No response.)

Councilman Kenney

Anyone else to testify? And you're going to testify in favor of Councilman --

Mr. Pollock

In favor of the amended ordinance.

Councilman Kenney

I know it's hard to tell a lawyer not to be long, but we're all on the same page here, so there's no need to --

Mr. Pollock

We all agree. My name is Stephen Pollock. I represent Mr. Ben Yelowitz, who is the owner of the property, and officially the address for the property is 5911 to 45 Lancaster Avenue. So I want to make that clear on the record, not 5923. So we do go a little farther. Just briefly, Mr. Yelowitz has an auto sales facility. He does wholesale. "C-3" would accommodate the wholesale. 35 4/13/10 - RULES - BILL 090837, etc. We got into this a little bit late in the game after being able to piggyback into this, so we weren't at the City Planning Commission presentation to be able to advise them of what we have in plans. But also, this is about a 23,000 square foot facility. We have a pending lease coming up with Forzenias, which is going to open up a dialysis center and take up about 9,500 square feet. If the goal of Zoning is to try and eliminate variances and that's how the Zoning Code Commission is going, hopefully if we could get "C-3," we would be in line for being able to allow Mr. Yelowitz not to be a non-conforming use anymore with his business, because he doesn't do any installations. So that's basically --

Councilman Kenney

That's it?

Councilman Kenney

Any questions? (No response.) 36 4/13/10 - RULES - BILL 090837, etc.

Councilman Kenney

Seeing none, anyone else to testify on this bill? (No response.)

Councilman Kenney

Seeing none, that will conclude --

Mr. Pollock

Thank you very much.

Councilman Kenney

Councilman Clarke. Hold on.

Councilman Clarke

No, not for these gentlemen. I just had a question for Mr. Kramer on a bill that I sponsored, basically on an amendment that was... Mr. Kramer, I was given an amendment for 133, the Pearson Hall.

Mr. Kramer

It would have been to place a large copy of the map on the bill itself. Typically with master plan amendments, when we receive them, we receive them electronically. We put them onto the bill itself. Then there become legibility issues. The Law Department 37 4/13/10 - RULES - BILL 090837, etc. has requested that when we --

Councilman Clarke

So this is not sufficient?

Mr. Kramer

According to the Law Department, yes. They wanted to have the master plan as a normal 24-by-36 sheet attached to it. When we give these bills, we do not do them as Administration bills, but we draft them for the institution and give them to the institution to give to the District Councilperson. They have been told to supply the large copy of that so that it can remain on file with the Clerk's Office so that it's legible, so that if someone wants to come in and evaluate, that's what -- if there is an amendment, that's what it would be.

Councilman Clarke

But we don't have that. Okay. We'll do it once it's on the Calendar.

Mr. Kramer

Thank you.

Councilman Kenney

Anyone else, any other subjects? 38 4/13/10 - RULES - BILL 090837, etc. (No response.)

Councilman Kenney

Thank you very much. That will conclude the Committee on Rules public hearing. We will now convene a public meeting. The Chair recognizes Councilmember Greenlee for a motion on Bill No. 090837.

Councilman Greenlee

Thank you, Mr. Chairman. I move that Bill No. 12 090837 be reported out of Committee with a favorable recommendation and move further the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 090837 is reported out of this Committee with a favorable recommendation and a request 39 4/13/10 - RULES - BILL 090837, etc. made for rules suspension to allow first reading at our next Council session. The Chair recognizes Councilmember Greenlee for a motion to approve the amendment to Bill No. 100096.

Councilman Greenlee

Thank you, Mr. Chairman. I move that the amendment be approved to Bill No. 100096. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

The bill 16 should be amended accordingly. The Chair recognizes Councilmember Greenlee for a motion on the amended bill.

Councilman Greenlee

Thank you, Mr. Chairman. I move that Bill No. 22 100096, as amended, be reported out of this Committee with a favorable recommendation and the rules of Council be suspended to allow for first reading 40 4/13/10 - RULES - BILL 090837, etc. at our next session of Council. (Duly seconded.)

Councilman Kenney

So the record is clear, the bill number is No. 6 100096. It's been moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100096, as amended, will be reported out of this Committee with a favorable recommendation and a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Clarke for a motion on Bill 18 No. 100133.

Councilman Clarke

Thank you, Mr. Chairman. I move that Bill 100133 be moved out of Committee with a favorable recommendation and a request for rules suspension to allow reading at the next session of Council. (Duly seconded.) 41 4/13/10 - RULES - BILL 090837, etc.

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100133 will 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. The Chair recognizes Councilmember Greenlee for a motion on Bill 100161.

Councilman Greenlee

Thank you, Mr. Chairman. I move that Bill No. 17 100161 be reported out of this Committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? 42 4/13/10 - RULES - BILL 090837, etc. (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100161 will 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. The Chair recognizes Councilmember Goode for a motion to approve the amendment to Bill No. 100195.

Councilman Goode

Thank you, Mr. Chairman. I move that the amendment to 100195 be approved. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100195 will be amended accordingly. The Chair recognizes Councilmember Goode for a motion on the bill. 43 4/13/10 - RULES - BILL 090837, etc.

Councilman Goode

Thank you, Mr. Chairman. I move that Bill 100195, as amended, be reported out of Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100195, as amended, will 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. The Chair recognizes Councilmember Goode for a motion on the approval of the amendment on Bill 100196.

Councilman Goode

I move that the amendment to Bill 100196 be approved. 44 4/13/10 - RULES - BILL 090837, etc. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100196 will be amended accordingly. The Chair recognizes Councilmember Goode for a motion on the amended bill.

Councilman Goode

I move that 100196, as amended, be reported out of Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100196 is 45 4/13/10 - RULES - BILL 090837, etc. reported out of this Committee, as amended, with a favorable recommendation and a request made for rules suspension to allow first reading at our next Council session. The Chair recognizes Councilmember DiCicco for a motion on the amendment to Bill No. 100197. COUNCILMAN DiCICCO: Thank you, Mr. Chairman. I move that the amendment to Bill 100197 be approved. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100197 will be amended accordingly. The Chair recognizes Councilmember DiCicco on the amended bill. COUNCILMAN DiCICCO: Thank you, Mr. Chairman. I move that Bill No. 46 4/13/10 - RULES - BILL 090837, etc. 100197, as amended, be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor? (Aye.)

Councilman Kenney

There are none opposed. Bill No. 100197, as amended, will 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. That concludes the business of the Rules Committee public hearing. (Committee on Rules concluded at 10:00 a.m.) - - - 47 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 April 13, 2010, 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.)