Thank you. Are there any other questions or comments from members of the committee? Again, I would ask you to identify yourself.
Lawrence Rust, representing the BIA. I wanted to address 72 Rules - 5/24/05 Councilman O'Neill's question about solid fencing.
I think this is a very reasonable question and a reasonable concern. However, right now, as the Zoning Code is written, you can go in and apply for and receive counter over the counter a permit for a three and a half foot fence that is solid. So what we're talking about doing with this bill is to increase it to four feet tall.
I honestly disagree with you. And I have about 40,000 homeowners who would welcome the compromise between lifting the limit and going to four, and opening up the front fence and not having it be a wall. 73 Rules - 5/24/05 Now, anyone who's interested in design and neighborhood -- the look of a neighborhood should think that's a friendly amendment.
And I don't want to debate it; please. I agree that somebody's making these at four feet because the rest of the world is doing it. But it's an opportunity to also do what the rest of the world is doing and they're not allowing solid fences in front of houses.
So, it was something that was left out. I think we have a nice conversation going with the Planning Commission. We all agree we want to amend it. We have, I think, another hearing in a week. And we'll have a good amendment, and we'll pass it. We're not talking about holding off on this. There's no hidden agenda here. I 74 Rules - 5/24/05 actually think you guys have done us a service by bringing these bills to us, but that doesn't mean that there aren't some issues out there that could be even more helpful. Once in a while we know something, from talking to constituents, visiting different neighborhoods. And I'm just trying to add that to the mix.
To complete my thought, I'm not disagreeing with you at all, but what I'm saying is that we're dealing with the zoning issue, and your concerns are the place to deal with them is really the Building Code, because right now as it sits, the three and a half foot fence can be solid. And I happen to agree with you.
This is going to become a zoning issue, because if someone wants to do a solid fence, and they want to do it at four feet, they're going to have to go to the Zoning Board. And I just say you come here at your own risk if you come back to us and say, 75 Rules - 5/24/05 that's a hardship for those people. They want to have a wall in front of their house instead of a fence. So, it is a zoning issue. It becomes a zoning issue if we create a requirement that it be an open fence. But I think it's a good requirement, just as going to four feet is a good requirement.
Thank you. Are there any other questions or comments from members of the committee? (No response.)
Would anyone else like to testify on this bill? (No response.)
Seeing no 19 one, I would ask Mr. Ericson to please read the title of Bill Number 050233. CLERK: An ordinance, amending Title 14, entitled "Zoning and Planning," to add definitions for certain architectural features that are commonly located on residential buildings, and to permit said 76 Rules - 5/24/05 architectural features on residential buildings located in residentially zoned districts, under certain terms and conditions.
Good morning once again, Madam President, and members of the Rules Committee. Thomas Chapman for the City Planning Commission. Bill Number 050233 amends Section 11 14-102 and 14-231 of the Zoning Code by adding a number of definitions of architectural features; and then further, by permitting them in all residential districts. This bill defines balustrades, bay windows, chimneys, cornices, entranceway covers, molding and belt courses, pents, pilasters and rustications, and then permits them in all residential districts so that they are not considered as occupied area or encroachments into the front, side or rear yards, court or required setback. An illustration of these terms are shown to your left on the photo board. Under the current provisions of the 77 Rules - 5/24/05 Zoning Code, all the aforementioned architectural features would be considered part of the occupied area calculations and considered encroachments. Because some interpretations of the features have proven a detriment to new construction and have helped to cause a backlog at the Zoning Board of Adjustment, the BIA's report specifically recommended that these improvements be permitted without any zoning implications. The Planning Commission at its meeting April 14, 2005, considered this bill 15 and recommended that Bill Number 050233 be approved. Thank you.
Good day, Council President Verna and members of the committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 050233 which, if enacted, will add 78 Rules - 5/24/05 definitions to the Zoning Code and permit certain common architectural features on residential properties. This amendment was proposed as a result of the report issued by the Building Industry Association of Philadelphia, concerning ways in which to streamline the regulatory process in order to remove impediments to development in the City. Many of the recommendations in this report have already been adopted by the department, and we will continue to work cooperatively with the association to address other shared concerns, in order to improve the service provided to our stakeholders. The amendments highlighted in Bill 18 050233 are minor, esthetical enhancements which will approve the appearance of residential properties and assist homeowners with this effort. It is for this reason that the department fully supports passage and enactment of Bill 050233. We will be offering a technical 79 Rules - 5/24/05 amendment to the bill, in order to clarify the requirements governing when balustrades are permitted. The department thanks the Building Industry Association of Philadelphia for highlighting this matter in their 2004 report. Thank you for the opportunity to provide the department's testimony. And I will be happy to answer any questions at this time.
May we have it, please? Gentlemen, you both testified that these changes to the Zoning Code are as a result of recommendations contained in a 2003 report of the Building Industry Association of Philadelphia. Are there other recommendations of the association, other than those that are 80 Rules - 5/24/05 being proposed to us today, that you anticipate being implemented?
Well, we have already implemented or started to implement areas in the way of automation, automating our processes, as you know, to streamline the process of application approvals and applications that are made to the department. We hope to in the near future be able to allow a lot of our application to be applied for over the internet. This should help the building industry tremendously so they utilize this service a lot in their process. Something that's industry wide already that I know I have my own little favorite where I can get my registration for my vehicle. I love doing it over the internet. Always procrastinate. I wait till the last minute to register my vehicle, but it's easy when I can go right on line and do that. And it's a service that is provided and that we would hope to provide in the near future. 81 Rules - 5/24/05
Thank you. And is there a need for suspension of the rules, and are you requesting that?
Well, we would like to request a suspension of the rules, to permit first reading at the next session of Council. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Good morning. With respects to the projecting architectural features, there's one that I do have a question, the balustrade or some people would probably call it a balcony, not a balcony.
That's why we're offering this friendly amendment, to reduce the projection. Currently, under the current provision of the ordinance, I think the projection says it has to be at least three feet, no more than three feet. 82 Rules - 5/24/05 We're scaling that back to inches because we don't want that to be confused with a balcony. You won't be able to stand on it. It will be too small. It's an architectural feature.
Okay. All 8 right. That was my question, the limitations 9 as it relates to protrusion. 10
That's correct. And 11 we're scaling that back to 24 inches. 12
What's the 13 limit, in terms of height? Would it be 14 second floor up or would it be on the first 15 floor? 16
It doesn't really say. 17 We have no language currently in the 18 definition as to where this would be located, 19 either first or second floor. But if it's 20 only 24 inches that it can protrude, it 21 probably really wouldn't make too much of a 22 difference either way. 23
If it were on 24 a... Just... If it were on a Center City street... 83 Rules - 5/24/05
...two feet out from the building line on the first floor, you don't think that could be problematic?
It wouldn't extend out more than what the steps currently in the front of the property would extend out from the property.
But if the steps were not on that particular side. As an example, there's a corner property, say, Pine Street. And then you have 18th Street where the steps entering the property on 18th Street, and then the side is Pine Street, right? Where there are no steps, no entry. And you have windows, and you have these balustrades that could protrude two feet out from the side of that building on the first floor, do you see the potential for a problem?
That will take some thought. I understand where you're coming from, Councilman. And you don't want to encroach onto the public right of way and 84 Rules - 5/24/05 cause any concerns related to what the already openable area. If you have -- If you have a certain amount of sidewalk clearance, unobstructed area on the sidewalk, you don't want to encroach onto that area.
Councilman, if I may, typically in the situation that you described, the windows are going to be elevated somewhat up off the sidewalk maybe six or seven or eight feet. So that at... Where the building meets the ground, you know, it would be possibly...
I only say that because I have a friend who has a property, and the windows are five feet, five and a half feet. I'm six three. Potential for me to get knocked in the head is quite evident. I think, Councilman O'Neill, you're around six three or six four. Councilman O'Neill and I might have a problem walking down that street. And I'm just concerned that if we allow these 85 Rules - 5/24/05 protrusions on --
I'm not exactly sure if I've seen them typically at the first floor level. I mostly have seen this type of feature at the second floor or upper floor levels of the building. I mean, I don't think I've... Maybe somebody might have seen this in some area of the City, but I don't think I've typically seen this at the first floor level.
For the record, we're authorizing that, just for the record, first floor.
As it's currently written, it doesn't prevent it at the first floor level. 86 Rules - 5/24/05
Okay. Any other questiones or comments from members of the committee? (No response.)
Do we have anyone else to testify on this bill? Please approach the witness table. Again, I would ask you to identify yourself for the record and proceed with your testimony. Again, Michael Johns, General Manager for Program Development and Design for the Philadelphia Housing Authority. I just want to address what just came up, in terms of the encroachment onto the street, the actual building. And George Claflin is going to explain a little bit more about that. It actually... This actually represents an encroachment onto the front yard, not into the right of way. So the requirement of the two 87 Rules - 5/24/05 feet -- For example, if the Zoning Code requires a front yard of ten feet, and you have to have the ten feet from the right of way or the pavement. And then if you want to encroach two feet to put this balustrade on, then you're encroaching two feet onto the front yard, never onto the pavement. Like, for example, in a typical North Philadelphia row home where your property line is essentially the pavement, that you couldn't do this balustrade two feet out. You would still have to go for some type of a variance or something like that or you'd have to go to the Streets Department because they control the encroachment onto the pavement. But George is going to explain a little bit more about that.
I'm George Claflin. I was introduced before. Practicing architect and representing the American Institute of Architects. 88 Rules - 5/24/05 May I have permission to approach the graphic up there?
Thank you. We prepared a graphic of a typical Philadelphia house. And this would -- The issues here apply to all neighborhoods and all house types, but we didn't really have the time to do it for every type. And it reviews this. I think the key point, though, on the balcony question is that all of this relates to zoning required front rear and side yards, not street relationships or encroachment on the street space which is, as I understand, regulated by the Streets Department, and no change in that is proposed here. Just going from the bottom to the top, rustication. That's an exaggeration of 89 Rules - 5/24/05 the masonry effect of the base. And again, we're showing you examples that you will recognize as traditional architecture in Philadelphia.
Would that be a permissible use on a first floor? That's the only question I have.
If there were no front yard, it would in my opinion not be permissible. If there were a front yard, yes.
We're talking about Center City, no yard -- no front yards.
It would not be permissible on the front or on the side of a property that faced the street frontage. If 90 Rules - 5/24/05 you have a corner property -- Do you understand what I'm saying? You have a corner property --
So we have examples here of rustication. That's the exaggeration.
I'm okay with that. I just had that one question about the balustrade. All right. Thank you.
Rustication exaggeration of the masonry effect at the base, pilaster which is a non-structural column often associated with an entrance where you might see it on the surface of a dwelling in another position, the entranceway 91 Rules - 5/24/05 cover, the pent which we see a lot of in Society Hill. This is a small roof of -- intermediate to the height of the building, that covers the entrance and is a tradition. Certainly the bay window. The bay window is not a full bay in this definition. This is a bay window that starts above the floor line. The molding and belt course which is a decorative element that you see in many Philadelphia buildings. The cornice which you see at the top of many Philadelphia buildings, and the chimney. And the other point I want to make is that these are shown as traditional. It could be modern. There's no stylistic suggestion here. It is the opinion of many architects, and certainly the AIA of Philadelphia would agree with this, that the buildings that face the street make the space of the street. They define what is really the public space. And we are in general in favor of making that public space as rich in 92 Rules - 5/24/05 architectural detail as is possible. So, where owners and developers are willing to provide these features, we think that it is an appropriate flexibility in the yard space, as required under the zoning, to allow these features. Thank you.
Thank you very much. Please identify yourself for the record and proceed with your testimony. MR. McPHEDRIN: Good morning, Council President. My name is Sue McPhedrin. And I work for the Reinvestment Fund. I'm also a Philadelphia resident. Committee members may be most familiar with TRF's recent role with NTI, but for years TRF has provided financing for 20 residential and other developments in Philadelphia throughout the region. We've helped to create more than 10,000 housing units, most of these in Philadelphia, and most of them affordable. For years we financed only 93 Rules - 5/24/05 affordable housing development. This was just about the only game in town. Now increasingly we receive financing requests from market rate developers in Philadelphia. This is a great trend, and all of us who believe in strong Philadelphia neighborhoods, would do well to support it, along with continued, affordable housing development which is also critical. Developers consider many factors when they decide where to build: Reasonable costs, steady stream of buyers and renters, available financing, public support and a predictable development process are all important. Also critical are building and zoning codes that reflect current best practices and support the development of homes that meet the needs of today's buyers. This bill before you today, as well as the two others, represent three opportunities to bring Philadelphia's Zoning Code in line with 21st century standards. Removing three of the reasons why 94 Rules - 5/24/05 developers may need to seek a zoning variance will translate into faster development timetables, lower costs and better designs. Many large cities have entirely rewritten their codes to support modern urban design trends. While these three changes may seem minor, they represent important first steps towards modernizing our process and creating an environment where builders and home buyers can thrive. Please support these amendments and take this opportunity to promote the redevelopment of Philadelphia neighborhoods. I also have testimony here from Mr. Shaheed Dewan, Chief Financial Officer of Universal Community Homes which I'm happy to read or hand in.
If you have copies, I would suggest that you submit to it each of the members, and we will give a copy to the stenographer, and it will be made part of the record.
Thank you. Do we have anyone else to testify on this bill? Mr. Chapman.
Thank you, Madam President. I want to get back a bit to Councilman Clarke's question. I'm not sure why this didn't occur to me when you asked the question, but in the situation that you described, that extension over the sidewalk, that would become a Streets Department issue.
And you would need to get -- You would need to -- You would need to establish a certain amount of clearance, and the depth of that balustrade or -- or... Yeah, that's what we're talking about, balustrade. Once it got -- And I'm not sure about this. But once it got to be either 18 or inches, once it gets to that depth, 24 then it requires an ordinance of Council.
Thank you very much. Are there -- Do we have any other witnesses to testify on this bill? (No response.)
Seeing none, I would ask Mr. Ericson to please read the title of Bill Number 050339. CLERK: An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, a line 245 feet north of Sanger Street, the Delaware River and the Frankford Creek.
Good morning once again, Council President Verna and members of the Rules Committee. Again, for the City Planning Commission, my name is Thomas Chapman. 97 Rules - 5/24/05 Bill Number 050339 would rezone 1.4 acres of land located within the Frankford Arsenal Business Center from the current designation of G-2 general industrial to a designation of C-3 commercial. The purpose of this rezoning is to allow for the commercial development of this property. The Frankford Arsenal property was the subject of Bill Number 030068 which rezoned approximately 46 acres of the 83 acre Frankford Arsenal to a zoning designation of C-3 commercial. The subject bill will provide additional area in the commercial development in order to provide loading and better circulation within the proposed development of that site. The Planning Commission at its meeting of May 12, 2005, considered this bill 22 and recommended that it be approved. Thank you.
Thank you. I'm assuming that when you state 98 Rules - 5/24/05 that the amendment would provide, quote, loading, end of quote, I'm assuming that it is for general use within the business center or is it for one particular business?
No. No, Madam President. This zoning would... There's a proposal for the northern end of the Frankford Arsenal.
There's a proposal for the northern end of the Frankford Arsenal property to be developed with a shopping center. And the developer, after discussions with several tenants, decided that they needed to provide additional area within the Frankford Business Center for this development. And that's why we're here before you today. Most of the property needed for the commercial development had been rezoned back in 2003. And this is a relatively small 99 Rules - 5/24/05 rezoning.
Very well. Are there any questions from members of the committee? The Chair recognizes Councilman O'Neill.
Mr. Chapman, I'm not familiar with C-3. Could you just... I know C-1. I know C-2. I know C-7. I don't know a whole lot of other C's. What is C-3 in relation to those or to area shopping center, anything like that?
Councilman, I guess the most distinguishing characteristic between, say, C-3, and area shopping center is that C-3 would allow wholesale sales. I don't think that the developer plans to have any wholesale businesses here, but that's really one of the main --
What's the difference between C-3 and C-7? 100 Rules - 5/24/05
C-3 allows... As I said, it allows wholesale uses and C-7 doesn't. C-3 doesn't have a specific parking requirement, and that's one aspect that distinguishes it from area shopping center and neighborhood shopping center and C-7. But the developer's not going to build a shopping center without plenty of parking.
Okay. But he's not required to or required to put any number of spaces.
Thank you. Are there any other questions from members of the committee on this bill? (No response.)
Do we have anyone else to testify on the bill? 101 Rules - 5/24/05 (No response.)
Mr. Chapman, I note June the 16th can not come soon enough for some of us. So, is there a particular request that you would like to make on this bill?
Yes, Madam President. Thank you. We would request that the rules be suspended on this bill.
This will conclude the public hearing of the Committee on Rules. (Public hearing concluded at 11:56 a.m.) 102 Rules - 5/24/05 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, May 24, 2005, 11:56 a.m. - - - BILL 050230 - An Ordinance amending Title of The Philadelphia Code, entitled 10 "Zoning and Planning," by amending Chapter 14-200 entitled "Residential 11 Districts," by amending requirements relating to courts in certain 12 Residential Districts, under certain terms and conditions. 13 BILL 050232 - An Ordinance amending Title 14 of 14 The Philadelphia Code, entitled "Zoning and Planning," by increasing the permissible height for fences located on the front lot line of certain properties in residential districts; and by permitting certain architectural embellishments on fences; all under certain terms and conditions. BILL 050233 - An Ordinance amending Title 14, Entitled "Zoning and Planning," to add definitions for certain architectural features that are commonly located on residential - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 103 Rules - 5/24/05 buildings, and to permit said architectural features on residential buildings located in residentially zoned districts, under certain terms and conditions. BILL 050339 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, a line 245 feet north of Sanger Street, the Delaware River and the Frankford Creek. BILL 050285 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Essington Avenue, 67th Street, the Delaware River and the former Pennypacker Avenue. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN DARRELL L. CLARKE COUNCILMAN DiCICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL NUTTER COUNCILWOMAN BLONDELL REYNOLDS-BROWN 104 Rules - 5/24/05 - - - P R O C E E D I N G S - - -
We will now go into our public meeting. The Chair recognizes Councilman Clarke regarding Bill Number 050285.
Thank you, Madam President. Madam President, I move that the amendment to Bill Number 050285 be adopted.
It has been moved and second that the amendment as proposed earlier be adopted. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. 105 Rules - 5/24/05 Again the Chair recognizes Councilman Clarke.
I move that Bill 5 Number 050285 as amended be adopted.
And request for suspension of the rules as to allow reading at the next session of Council.
It has been moved and seconded that Bill Number 050285 be reported out of committee with a favorable recommendation, as amended; also that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. 106 Rules - 5/24/05 Again the Chair recognizes Councilman Clarke, regarding Bill Number 050230.
I move that Bill 6 Number 050230 be reported out of committee with a favorable recommendation and request for rules suspension.
It has been moved and seconded that Bill Number 050230 be reported out of committee with a favorable recommendation; also, a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilman 107 Rules - 5/24/05 Clarke regarding Bill Number 050232. I'm sorry. Did we vote on that? (Discussion held off the record.)
Okay. There was an amendment introduced. I think it was technical; was it not?
There was a technical amendment, but there was other amendments that we want to work out.
I know, but there was a technical amendment. What is your desire, then, as sponsor?
I want to introduce this amendment. (Discussion held off the record.)
Thank you, Madam 108 Rules - 5/24/05 President. Madam President, I propose an amendment to Bill Number 050232. Move for the adoption of that amendment.
Copy of the amendment. I haven't seen it. I may have it in my pile.
I believe Mr. Chapman indicated it was a technical amendment; did you not, Mr. Chapman? Did you indicate that the amendment proposed on 050232 was a technical amendment?
As I understand it. Is that for the front -- The six feet is allowed for in the front of the house for a...
Just for the posts. Just for the gate post. The height of the fence is four feet.
Motion was made and seconded. All in favor of the adoption of the amendment will say aye. (Chorus of "ayes.")
The ayes have it, and the amendment is adopted. The Chair again recognizes Councilman Clarke.
Move that Bill 15 Number 050232 be reported out of committee with favorable recommendation. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Bill Number 050232 be reported out of committee with a favorable recommendation as amended. All in favor will say aye. (Chorus of "ayes.")
Those 110 Rules - 5/24/05 opposed? (No response.)
The ayes have it, and the motion carries. The Chair again recognizes Councilman Clarke regarding Bill Number 050233.
Move to adopt an amendment to Bill Number 050233. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that the amendment as presented be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. Again the Chair recognizes Councilman Clarke. 111 Rules - 5/24/05
Move that Bill 3 Number 050233 as amended be reported out of committee with a favorable recommendation and request for rules suspension, as to allow first reading at our next session.
It has been moved and seconded that Bill Number 050233 be reported out of committee with a favorable recommendation, as amended; also, a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. Again the Chair recognizes Councilman Clarke regarding Bill Number 050339. 112 Rules - 5/24/05
I move that Bill 3 Number 050339 be reported out of committee with a favorable recommendation and a request for rules suspension as to allow reading at our next session of Council. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Bill Number 050339 be reported out of committee with a favorable recommendation; also, a recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. I think this concludes our public meeting of the rules committee. Thank you 113 Rules - 5/24/05 very much. (Public meeting concluded at 12:06 p.m.) 114 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing and public meeting of The Philadelphia City Council, taken on May 24, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)