Committee Hearing, December 8, 2005

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Thursday, December 8, 2005. 9:50 a.m. - - - Room 400, City Hall Philadelphia, Pennsylvania - - - BILL NO. 051143 - Ordinance amending Section 10-112 of the Philadelphia Code, entitled "Keeping Farm Animals." BILL NO. 051094 - Ordinance to amend The Philadelphia Zoning Maps by changing designations of certain areas bounded by Frankford Ave., Carteret Dr., St. Denis Dr., Poquessing Creek, I-95, and Grant Ave. - - - PRESENT: ANNA C. VERNA, Chair BLONDELL REYNOLDS BROWN JACK KELLY JAMES F. KENNEY DARRELL L. CLARKE DONNA REED MILLER - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 (215) 561-2220 I N D E X BILL NO. 051143 Aaron Finestone, Technical Staff, City Council--------------------------- 051094 William Kramer, Senior Zoning Planner, City Planning Department--------------- 8 - - - 9 PUBLIC MEETING--------------------------- 10 - - - 11 3 BILL NO. 051143 - 12/8/05

Good morning. I do apologize for the delay. This is a Public Hearing of the Rules Committee. I would ask Mr. McPherson to please read Bill No. 051143. MR. McPHERSON: An Ordinance 8 amending Section 10-112 of The Philadelphia Code, entitled "Keeping Farm Animals," by deleting the provision permitting the keeping of farm animals on parcels of 3 acres or more.

Good morning. Please identify yourself for the record.

Aaron Finestone, City Council Technical Staff. I am here for Councilman O'Neill. About a year and a half ago Council passed a bill which outlawed farm animals. The bill defined "farm animals," that they do not include horses. Basically, we are speaking about chickens and similar animals. At that time there was an exemption for parcels of 3 acres or more. Councilman O'Neill had been mistakenly told that there was a 3-acre farm in his district. He has 4 BILL NO. 051143 - 12/8/05 found that not to be the case. And, therefore, this bill would delete that 3-acre exemption. This is a corrective amendment.

Thank you. The Chair recognizes Councilman Kenney.

Mr. Finestone, does this apply to commercial property, too, or just residentially zoned property?

Everywhere.

Thank you.

All right. I would like the record to certainly reflect that we have a quorum. To my extreme right we have Councilwoman Miller, next to her is Councilman Kenney, to my extreme left Councilwoman Brown, Councilman Kelly, Councilman Clarke.

Councilman O'Neill would like a suspension of the Rules in this matter.

I think that we would have to get some consensus here before we decide that we are going to suspend Rules. 5 BILL NO. 051143 - 12/8/05 Do we have someone from the Health Department to testify on this? Do we have anyone at all to testify on this bill?

I have a question.

The Chair recognizes Councilwoman Miller.

Good morning. Thank you. Mr. Finestone, the provision that you are actually trying to delete is that you cannot have a farm animal, whether you have 3 acres or more?

If today's bill is passed by Council, you cannot have a farm animal anywhere in the city, regardless of the number of acres.

I'm not really sure what's happening geographically in the city, but does this mean that there would be no farms permitted in the City of Philadelphia?

I don't know if 6 BILL NO. 051143 - 12/8/05 there are any farms.

I'm not sure. I have no idea.

There is an exemption. I am aware of the Fox Chase farm, which is affiliated with the school district and the Saul School on Henry Avenue. There is an educational exemption.

Okay.

So those two farms would not be covered.

Thank you.

This certainly would apply for the entire city, not just the 10th Councilmanic District?

That's correct.

Are there any other questions or comments? The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, understanding that there is the problem, I actually had some 7 BILL NO. 051143 - 12/8/05 earlier conversations with Councilman O'Neill about some issues up in his district. I am concerned about parts of the district that I represent, particularly the newer part of my district in Kensington and Fishtown, where a number of individuals cultivate these animals, and it has not been a problem. So I am a little concerned about the broad nature of this bill at this time, because it could impact areas in my district that it is not in fact a problem. I think some people would be concerned about it. So I am a little --

If there is concern, Councilman has suggested that I ask to hold the bill, if there is concern amongst the committee.

I can speak for myself personally. If I was able to talk to the Councilman and his staff about the broad nature of the bill, and some of the things that are going on. I'm sure that there are some members 8 BILL NO. 051143 - 12/8/05 within the community that are involved in this issue that would have a little dialogue with them before I would be comfortable with voting on the bill. So if you can hold it, it would be helpful to me personally.

Okay.

Thank you very much.

That's consistent with what he instructed me.

Thank you very much.

Thank you very much.

Any other questions or comments from members of the committee? Seeing none. Do we have anyone else to testify on this bill? I would, therefore, ask Mr. McPherson to read the title of Bill No. 23 051094. MR. McPHERSON: An Ordinance to amend the Philadelphia Zoning Maps by changing 9 BILL NO. 051094 - 12/8/05 the zoning designation of certain areas of land located within an area bounded by Frankford Avenue, Carteret Drive, St. Denis Drive, the Poquessing Creek, I-95 Expressway, and Grant Avenue.

Good morning. Please identify yourself for the record and proceed with your testimony.

Good morning. My name is William Kramer. I am the Senior Zoning Planner in the Development Planning Division of the City Planning Commission. I am here to testify on Bill 051094. This bill was introduced by Councilwoman Krajewski and Councilman O'Neill on November 17, 2005. This bill amends the zoning maps of the city by changing the zoning designation of land along Grant Avenue from a zoning designation of R3 residential, to a designation of IDD, Institutional Development District. The Holy Family University owns this quarter acre of land, and they are requesting the rezoning to incorporate it into the master 10 BILL NO. 051094 - 12/8/05 plan of their campus. At this time the only revision of the master plan for the University is for the inclusion of this land into the district. Any future development of this site will require a separate revision to the master plan for the University. Bill 051094 is scheduled for consideration by the Planning Commission at its meeting of December of 2005. At that 12 meeting the Planning Commission staff will be 13 recommending that the bill be approved. 14 I would be happy to answer any 15 questions of the committee.

Thank you very much. Are there any questions from members of the committee? Thank you. Do we have anyone else to testify on this bill? Seeing none, this will conclude our Public Hearing. (Public Hearing adjourned.) - - - 11 PUBLIC MEETING COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON RULES - - - Thursday, December 8, 2005 - - - Public Meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 051143, 051094 - - - PRESENT: ANNA C. VERNA, Chair BLONDELL REYNOLDS BROWN JACK KELLY JAMES F. KENNEY DARRELL L. CLARKE DONNA REED MILLER - - - 12 PUBLIC MEETING

We will now go into our public meeting. And the Chair recognizes Councilman Clarke regarding Bill No. 051143.

Thank you, Madam President. Madam President, I move that Bill 9 No. 051143 be held at the request of the committee. (Duly seconded.)

It has been moved and properly seconded that Bill No. 051143 be held. All in favor will signify by saying aye. Those opposed? The ayes have it, the motion carries. Again the Chair recognizes Councilman Clarke regarding Bill No. 051094.

Madam President, I move that Bill No. 051094 be reported out of Committee with a favorable recommendation, also a request for Rules suspension to permit 13 PUBLIC MEETING first reading at our next session of Council. (Duly seconded.)

It has been moved and properly seconded that Bill No. 051094 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 please indicate by saying aye. Those opposed? The ayes have it, the motion carries. And that concludes the Public Meeting of the Committee on Rules. Thank you very much. And to our guests that are very familiar to us, we certainly want to welcome them. We will be going into caucus and we will be out quite shortly. (Public Meeting adjourned at 10:00 a.m.) - - - 14 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 8, 2005, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON RULES _________________________ DEBRA A. WHITEHEAD