I rise to literally speak against 760 and the remarks I make may be applicable to the following two bills. These are the bills that deal with the Venice Island matter (unintelligible). . .
Excuse me, Councilman. Just fix your microphone.
I have it on. (Councilman DiCicco adjusts Councilman Cohen's microphone.)
First, my thanks to SECOND READING - BILL 990760 Councilman DiCicco. I will be happy to recommend him if he ever applies for any electrical position. I am speaking in opposition to Bill No. 990760, and the remarks that I make may well be applicable to the two following bills -- 990761 and 990762. The three bills are a package of three bills which bring the people here today, and which is has aroused a great deal of interest throughout Philadelphia and, to my knowledge, represent of the views of the overwhelming of citizens of Philadelphia who have any familiarity with the problem. Venice Island is a small area up in the Roxborough-Manayunk section of the City. It is enclosed on all sides by the Schuylkill River. It is an area that has been visited by floods on 10 occasions, the records indicate, over the last 130 years. One never knows when a flood like Flood Floyd (sic) comes and visits you. It may come at any time, it may not come for many years. Since people of the United States became, during the 1960s and thereafter, very much interested in environmental matters, questions SECOND READING - BILL 990760 like floods have raised serious concern. We know of many, many cases where people are driven out of their homes in the middle of the night, where roads are clogged with refugees from floods and from other natural disasters. Mother Nature, you know, despite all the wonders of the modern technology, Mother Nature is still Mother Nature and is a dominant influence, and we cannot control it, but we can learn to live with it, we can learn to lessen the dangers. Therefore, throughout United States over many, many years, various legislative acts have taken place to protect people from the ravages of Mother Nature and to safeguard lives and health. Various legislative bodies at various times have appropriated, and are currently considering, the appropriations in Pennsylvania of hundreds of millions of dollars to buy land and to keep it free wherever land exists that is subject to natural disasters. There are federal laws that deal with flood control. The people in Manayunk and Roxborough are concerned that the plans of a developer to put residential dwellings on this island, which has SECOND READING - BILL 990760 been visited by floods and which today is a barren area, because of one industrial plant on it, has ceased operating, there are plans by a developer to put apartments on that building. There are additional plans, if this one goes through, to increase the number of dwellings -- I think there's a sign among those who are here indicating 700 apartments. Now, there are only four small entryways, which are also exitways, from this island, and in the event of a natural disaster, removing people from the island to promote their safety and protect them is a very doubtful thing. One wonders whether if a flood's coming down heavily and the roads get clogged, because as you know, the Manayunk-Roxborough area is a very lively area these days, a very growing area, one wonders whether evacuation could be safely accomplished for all of the residents. (Councilman Cohen experiences more microphone problems.)
I need Councilman DiCicco again. (Councilman DiCicco adjusts Councilman SECOND READING - BILL 990760 Cohen's microphone.)
Councilman DiCicco says, says despite my Jewish faith, I've also joined the Italian faith in speaking with the hands. Well, Jewish people also speak with their hands, Councilman DiCicco. Environmental matters are always very complicated. There are no clear answers. One cannot predict a volcano erupting, one cannot predict the coming of a flood or a hurricane. They sometimes come overnight. It seems that the action proposed by this developer, who, like all other developers, is interested in an economic return, and if a disaster strikes 25 or 30 years from now, when many of us may not be here, and certainly the developer will have long been gone after he gets his profits, maybe in a year or two, the disaster may hit this area, and there may be enormous damage to life and property. And it seems foolhardy that without a totally full study of this situation, with reports to the public, with complete cooperation and participation by the public, particularly in the SECOND READING - BILL 990760 Manayunk-Roxborough, area it seems foolhardy to move ahead and to go in the wrong direction. And I think this proposal goes clearly and flies in the face of the direction that's occurring all throughout the nation of keeping dangerous land areas freer from having living quarters placed upon it, where citizens are put in danger. Therefore, I have asked previously that this matter be withdrawn. It's the same request that Councilman Nutter, the sponsor of this bill, made to the Zoning Board. They did not listen to him, apparently, and they started proceedings. I'm not familiar with that phase of it. I think this matter ought not to be considered today but, apparently, Councilman Nutter feels otherwise. And, therefore, I'm urging that this matter not be acted on. There's no emergency requiring action on this bill until the community is fully comfortable that such a proposal is safe. And in the alternative, if it's found that this is not safe, then I believe that -- then I believe that this matter ought to be totally withdrawn. I think what's important is the safety of the people of Philadelphia, not the SECOND READING - BILL 990760 development of this island for personal profitable reasons. I will therefore ask at this time that this matter be tabled, and I so move. (Applause.)
I'm sorry, I'm sorry, I'm sorry. I think we should explain what we're doing here. Councilman Cohen is asking that Bill No. 990760 be tabled. If you are voting yes or aye, you're voting to table the bill. If you're voting no, the bill will be considered today. So I would ask the clerk to start the SECOND READING - BILL 990760 roll call again, please.
No. The ayes are 5 and the nays are 11. (Applause.)
Councilman Ortiz, do you want to be recognized? Councilman Ortiz, do you care to be recognized?
Yes, Madam Chair. Madam Chair, over the last two weeks, I read more about flood plains and flood ways than I've ever wanted to in my life. And what all of this issue has done is really raise questions. And the questions are too many to be able to make a decision that is -- that I would consider in my mind responsible. I don't know all the facts. I trust SECOND READING - BILL 990760 Councilman Nutter in terms of his desire to cap development in such a way as to prevent the overdevelopment of this area, and I believe that that may be the thrust of the overall legislation. However, I don't know whether any sort of development, in terms of residential, should be allowed in this area at all. And that's part of the answers that I do not have. And, therefore, I understand where that -- the Zoning Board can act on a variance, but I believe that if this Council acts together and has enough questions, I don't believe the Zoning Board would go along that way. We had a developer here the other day -- were this -- Council had hearings until 10 o'clock in the evening for a developer who acted irresponsibly with people. I do not believe that we just take developers' words on their face value. I believe that if there are enough questions that have been raised and we don't have the answers to those questions, I believe that this thing should be laid over into the next term and we should be able, in a deliberate manner, be able to go through everything and come to a reasonable decision, a decision, I think, that SECOND READING - BILL 990760 would satisfy the citizens of Manayunk and Roxborough and would be fair to any development that would happen in Venice Island. For that reason, because I have all of those questions that have not been answered, I will vote no on these bills. (Applause.)
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. First, to my colleagues, I appreciate and respect your remarks. I've had an opportunity to talk with certainly Councilman Cohen extensively about this, not as much with Councilman Ortiz. As I started off earlier today, first let me say again that my respect and appreciation for the concerns of many of my constituents and, as I understand it, some who may not be constituents in the 4th District but live in Philadelphia or operate in Philadelphia, I think, have raised a number of very serious and legitimate concerns. SECOND READING - BILL 990760 The other side of that debate and discussion is, there is private property on Venice Island. The City of Philadelphia owns some, but the bulk of the island is owned privately. Currently, the zoning is G2 industrial, and I've shared some information with my colleagues -- the packages are on your desks -- of the kinds of things that can be developed, as a matter of right, in G2 industrial, and we can talk about that. The studies that either Councilman Cohen talks about or Councilman Ortiz talks about, this legislation does nothing with regard to any easing of required studies that will be a part of any proposed development that may happen on Venice Island. This legislation does not specifically approve or authorize any particular developer's proposal or idea. Developers, individuals, regular homeowners always reserve the right to go to the Zoning Board and get redress from any onerous zoning regulations that they feel impact their use of their property. The studies that will be required under these circumstance are the same. S. Army Corps of Engineers, various state agencies, and anyone else that has authority and jurisdiction in this particular area. Let me direct your attention to the materials that are on your desk. There's a memorandum dated December 15, 1999 from Rich Lombardo, City Planning Commission, which discusses construction in the flood plains of both the Schuykill and Delaware Rivers. Please note in particular of this memo, which provides a sampling of existing recently approved and pending residential developments that are all located in the flood plain of those two rivers. Of particular interest is Bill No. 990847, which is also on our calendar today and scheduled for a vote on second reading and final passage. That bill was also heard in the December 8, 1999 public hearing. It will allow for 1700 residential units in the flood plain. No one raised any flood plain concerns at the public hearing about this project, and it is project-specific. SECOND READING - BILL 990760 Also, please refer to of this memo, which shows what the traffic impact would be for various development scenarios on Venice Island. The bills before Council limit development to the first preferred scenario. Number two is a listing of the permitted uses on Venice Island presently, under G2 industrial zoning, in a discussion of the various open areas, screening, and landscaping provision contained in the zoning overlay pending before us today. It's a complete list of all the permitted uses under G2 industrial. " A copy of this manual is actually on my desk. ) property, Bill 990847, 1700 units. In the Schuylkill River flood plain and floodway, the Zoning Board of Adjustment has approved developed at 24th and Locust, 2431 Locust, Fitler Walk. Council has approved, although not yet built 23rd and Race, 1200 units. Council's approved 8600 Lindbergh Boulevard, 175 units. The zoning overlay before us does, in fact, allow for -- although does not promote and does not specifically authorize -- upwards of 700 units of housing. The actual number currently proposed by any of the developers is about 500. 35. The allowable number of units is 743. m. peak cars per hour would be an additional 372. m. Peak cars per hour. There are proposals that the island should be developed with commercial, retail, cultural, recreational, light industry, and office space use. m.
peak cars per hour. m. peak cars per hour. It's in the Planning Commission document. Madam President, some of the allowed uses in G2 industrial are: automobile body and fender work and spray; killing, dressing, packing, and canning of poultry and rabbits; the SECOND READING - BILL 990760 manufacture of cars; prisons; parking lots; parking garages; open-air automobile sales lots; and the sale of live animals for human consumption. Also allowed with a certificate showing no hardship is the dismantling and wrecking of used cars, including: open-air storage of wrecked autos and parts; junk yard, including storage and bailing; public stable and dog kennels. Additionally on the site of the Royal Cafe, since it is an commercial-use, the G2 zoning would permit this property to be used for any use permitted in the area shopping-center commercial zoning classification, which permits a broad range of retail commercial uses, including businesses like Wal-Mart and Home Depot. Now, the following uses are not permitted under G2 classification: recreational use of any type, including hiking and/or biking trails and outdoor entertainment of any kind. The proposed RC-1 zoning classification would not permit any of the mentioned earlier G2 zoning uses. This overlay would permit single-family dwellings, two-family dwellings, and permitted SECOND READING - BILL 990760 recreational uses. Lastly, let me say this, Madam President. Under G2, open area is not required and buildings may occupy 100 percent of the lot. Under the RC-1 proposed rezoning, that would not be the case. Concerning the current G2 zoning of the property and the current uses of the property -- vacant industrial buildings and a restaurant -- a property owner would have an easier time making a hardship argument to the Zoning Board for additional commercial development on the island than if the property were to be rezoned RC-1 as part of a well thought out comprehensive plan. Despite the rezoning to RC-1, the developer still has to go to the Zoning Board for approval to build on Venice Island because of the flood plain issue. City Council adoption of the new RC-1 residential zoning classification, the zoning of Venice Island to RC-1, and the inclusion of Venice Island under the provisions of the Main Street Manayunk Zoning Overlay constitutes the enactment of a comprehensive lands use plan for Venice Island. Some of the goals of the plan, including SECOND READING - BILL 990760 riverfront access to the public, which is not presently allowed, public recreation and low-density development, can be assured by the passage of these three bills. There is no guarantee that any of these goals would be attained by allowing development to proceed via the zoning variance process. Let me lastly say, Madam President, that most of the debate here is not only about very legitimate issues of public safety and flooding, but there are also issues and disputes about the type of development, because many of my constituents and people who are concerned about this will be the first to tell you that they are not against development. The debate here is one of what type of development. And along the lines of recreational and cultural use, I certainly support those developments. We don't own the majority of land on Venice Island, but there have been discussions with the developers about their acceding to the wishes of community people to incorporate those kinds of uses on their projects, as well as the City of Philadelphia supporting those kinds of SECOND READING - BILL 990760 uses for the public land that is owned on Venice Island. There is a serious parking problem in Manayunk, as my constituents certainly well know. There may be opportunities here to increase the available public parking to get the patrons and people who come to Manayunk who don't live in Manayunk to park in the parking lots that are available to park their cars and get them out of the neighborhood.
There are discussions that may allow us to put forward a very unique permitparking program in Manayunk to further force nonresidential people to park in the public parking lots that are available. I will have further discussion about that later. There are discussions with PennDOT and State Representative Lita Cohen and State Representative Kathy Mandarino and Lower Merion Township Commissioner Joe Manko about the ongoing dilemma we have with PennDOT about changing the timing of lights on the Green Lane Bridge as it affects Main Street and all the other intersections around it. There appears to be movement on that particular issue as well. SECOND READING - BILL 990760 And so with all of that, Madam President, and understanding the concerns and respecting the concerns of my constituents and my colleagues, I will still ask for consideration of this bill today and an affirmative vote so that we can better control and better manage any potential growth and development on Venice Island. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I think those of us in public life who hold elective office know there are two parts to the process when you pass legislation. One deals with the merits of the legislation; the second deals with the understanding of the public about the legislation and the question as to whether the passage of the legislation increases the confidence of the public, or whether it increases the alienation of the public from the government. When you put up a bill for passage on the last day of a calendar term when it involves the development, following stories in the SECOND READING - BILL 990760 newspapers about how developers have influenced the administration, when the public has all kinds of questions about the bill that are unresolved, it is not enough for a legislator to say, I have studied this, I am convinced this bill is in the best interests of everybody. It's important that the public also be convinced that the bill is in the best interests of the community. There are large numbers of organizations and environmental groups throughout the City that are extremely disturbed by this bill. Maybe it's only because they don't have your understanding and your brilliance, Councilman Nutter. Maybe if there's more time for discussion and more involved participation by the public, maybe they would come to agree with you, or maybe you would see the wisdom of their thinking. We don't know what that final decision would be. But I submit, Madam President, and to all of my colleagues that we have a responsibility not to take actions when large numbers of our community are very concerned. This is the situation which must be acted on today or else doom comes tomorrow? This is a situation which SECOND READING - BILL 990760 allows for enough time so that the material you presented to us today can be considered by everybody, and everybody can participate until there is a genuine consensus of opinion as to what is in the best interests. To ram this proposal down the throats of the community that has serious questions and objections, I submit, is wrong. These are some of the groups in Manayunk that have opposed the passage of these bills, and I question, do we want to take an action which increases their concern, rather than to take the action of allowing time for study and consideration, which will increase their confidence in government? The Manayunk Neighborhood Council, the Friends of Manayunk Canal, the East Falls Civic Association, Umbria Street Neighbors, the residents of Shawmont Valley, the 21st Ward Community Council, the Roxborough Green Space Project, the Philadelphia Canoe Club. And among environmental groups in the local area: the Pennsylvania Clean Water Action, the Clean Air Council, the Pennsylvania Environmental Defense Foundation, the Schuykill SECOND READING - BILL 990760 River Keeper, the local group of the Sierra Club, the Sustainable Society Action Project. These are among the groups that have spoken out already of their concern. These are not groups that are looking to destroy Philadelphia or to prevent economic development. These are groups that are looking for healthy, safe communities. They want to stay in Philadelphia. They've proved their loyalty to the City by participating in all kinds of positive community actions. I think it's just wrong to say to them, I don't care about your concerns, I know better than you, I'm going to push this bill forward. I think the better approach would be an approach which says, Let's get together, let's spend the time we have to spend until we come to an agreement with respect to what ought to be done. Maybe there ought to be no development on this island at all 'cause that's the direction that many communities throughout the whole United States are going on. Maybe there ought to be an industrial development, maybe a residential, whatever. Maybe we ought to tie this development SECOND READING - BILL 990760 in with the parking problem and try to resolve all of them.
But whatever decision we come to, I submit, it ought to be a decision that elicits support from the whole community and not the strong opposition that exists today. I urge my colleagues to vote know no on these three bills. Thank you, Madam President. )
Thank you, Madam President. Madam President, I plan also to vote no on these three bills. I think part of it is confusion, and I would just like to read a letter to the Zoning Board of Adjustment from the sponsor of these three bills, and I quote: "I'm stating my opposition to this variance application. The members of the Zoning Board are probably familiar with the events of September 16, 1999, when the City experienced an extremely heavy rainfall resulting from Hurricane SECOND READING - BILL 990760 Floyd. This led to severe flooding in many locations in Philadelphia, and especially in the vicinity of Venice Island and Main Street in Manayunk. The application before you was a site which suffered serious flooding, and which is located within the floodway. "I, therefore, question the wisdom in converting this former factory building into apartments units." Thank you.
Thank you, Madam President. To my colleague Councilman Rizzo, I appreciate his attention to any of my letters, regardless of who I might write them to. I would only suggest -- and I don't have the letter in front of me, but I think if he were to look at the letter, if he has the entire letter from memory, I believe if the Councilman would like to read the last portion of the letter, I believe the letter, SECOND READING - BILL 990760 paraphrasing, says, But if the board does choose to approve this particular proposal, they should do so under certain circumstances and with certain provisos, providing that the Federal Emergency Management Authority provides the necessary studies and documentation for this, that an evacuation be provided in conjunction with the police and the fire department, and various other proposals, either of mine or other community groups and organizations. And I'm sure that as Councilman Rizzo reads through the rest of the letter, if he chooses to, he can put on the record what the rest of that letter says. Secondly, with regard to Councilman Cohen, again, who I deeply respect his opinion, Councilman, you will not find in this record or any other record any decision by me where I have stated that I know better than anyone else about these particular issues. I know enough to know that I still have a lot to learn and a lot of growing to do in this process. What the Councilman may or may not be aware of, though, is that this process didn't just SECOND READING - BILL 990760 start a couple of weeks ago. This process started over a year ago in the various design stages and in various meetings and discussions leading up to this point in time. Now, there will always be disputes about the process, and there will always be disputes about whose input was taken and whose was not. But there were many, many meetings about this particular issue. In a perfect world, it would be wonderful if were was not on today's calendar, if it was on the calendar in September, if it was on the calendar at some other point in time earlier in the year, but it is here today. We had a full extensive public hearing on this matter on December 8th. Now, the Councilman would like for me to take his judgment about something that he had an opportunity to sit in chambers for about four hours on and listen to riveting and thorough and important testimony. I would only submit to him that I've had the opportunity to work on this particular issue for close to a year and have had the pleasure and the honor of representing people SECOND READING - BILL 990760 in Manayunk on a variety of issues and on many pieces of legislation to slow down growth in the Main Street, Manayunk community. We have not, to my recollection, been to the Zoning Board, for instance, to deal with restaurants for, I believe, the past two years because of legislation that this Council passed to slow down the explosion of growth in restaurants, which lead to close to 30 restaurants in a 4-block area. Madam President, I guess I would lastly say that I used to hear from my grandmother from time to time that what's good for the goose is good for the gander. And if Councilman Cohen chooses to want to be actively involved in the activities of the 21st Ward, which is his right as a Councilman-at-large, then maybe I should be more active in the events and the activities in the 17th Ward. There are matters that come through this body, there are issues that have been raised with regard to LaSalle University, which I respected his opinion and his view about that particular. But I have many LaSalle graduates who live in the 4th Councilmatic District who have a SECOND READING - BILL 990760 difference of opinion about a particular matter up there. And this can go both ways. It should not, because I've been respectful on that particular issue, and I would only ask for the same respect and accommodation in this particular matter as has been shown in many instances in the past.
Aye. The ayes are 13, the nays are 3. A majority of members voting in the affirmative, the bill passes. (Applause.)
The next bill SECOND READING - BILL 990761 being called for consideration is Bill No. 990761.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-200, entitled "Residential Districts," by repealing Section 14-221, entitled "RC-1 Residential District," and adopting a new Section 14-221, entitled "RC-1 Residential District," under certain terms and conditions.
Madam President, I ask that the remarks that occurred in the previous bill be included in consideration of this bill, which means I will be voting no on this bill.
The record will so be noted. The clerk will please call the roll.
Aye. The ayes are 13, the nays are 3. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 990762.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the Manayunk Canal, the Schuykill River, and Fountain Street.
Madam President, I make the same request that the remarks of all Members of Council made in connection with Bill No. 990760 be included in as remarks covering this bill, which means, again, that I will be voting no on this bill.
The Chair thanks the Councilwoman. The clerk will please call the roll. SECOND READING - BILL 990762
Aye. The ayes are 13, the nays are 3. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 990812.
An ordinance amending Section 19-1303 of the Philadelphia Code, entitled "Authorization to Offer Exemptions from Real-Estate Taxes on New Construction of Residential Property."