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Committee Hearing, December 7, 2011

Minutes from Philadelphia City Council Committee Hearings, Dec 7, 2011

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COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, December 7, 20117 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE11 COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR.12 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE13 COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY14 COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL15 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN16 COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO17 BILLS 110835, 110836 and 110845 RESOLUTIONS 110852, 110853, 110854 and 11085519 - - -21 2

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The Clerk

Resolution No.8 110852, resolution appointing John9 Smithson to the Board of Directors of the10 City Avenue Special Services District of11 Philadelphia and Lower Merion.12 Resolution No. 110853,13 resolution reappointing Bernie Prazenica14 to the Board of Directors of the City15 Avenue Special Services District of16 Philadelphia and Lower Merion.17 Resolution No. 110854,18 resolution reappointing Matthew Schure to19 the Board of Directors of the City Avenue20 Special Services District of Philadelphia21 and Lower Merion.22 Resolution No. 110855,23 resolution appointing Jeffrey B.24 Goldstone to the Board of Directors of25 12/7/11 - WHOLE - BILL 110835, ETC.1 the City Avenue Special Services District2 of Philadelphia and Lower Merion.3

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Mr. Foley

Good morning. My17 name is Terrence Foley. I'm the18 President of the City Avenue Special19 Services District. I'll be very brief.20 Since 1998, the mission of the21 City Avenue Special Services District has22 been to engage property owners,23 businesses, tenants and other24 stakeholders to improve the economic25 12/7/11 - WHOLE - BILL 110835, ETC.1 vitality of the area. There were a great2 number of accomplishments. The image of3 the area continues to improve as it4 evolves. The area is being revitalized5 and new resources have been brought in6 and effective programs have been7 developed.8 Our three main objectives are9 improve public safety, enhance the area's10 image, and attract and shape development.11 Major initiatives are streetscape and12 safety, capital improvement program,13 where we have been able to attract over14 $2 million in state and local funding.15 Much thanks goes to Councilman Jones for16 his assistance in that effort.17 Our upcoming project to go off18 in the spring is the 63rd Street19 corridor, which will include lighting,20 some things for pedestrian safety and21 traffic safety.22 The other major initiative we23 have is a zoning overlay, which I'm very24 happy to say we've been using effectively25 12/7/11 - WHOLE - BILL 110835, ETC.1 to attract new development and to2 maintain what we do want.3 In terms of our nominations,4 John Smithson is the interim President of5 St. Joseph's University. The University6 is the District's largest financial7 contributor and employer. He replaces8 the Reverend Timothy Lannon, our previous9 Chairman, and he brings to our Board10 expertise in finance and insurance.11 Bernie Prazenica is President12 and General Manager of WPVI TV, which you13 all know as Channel 6. He is the past14 Vice-Chair of our Board and is the15 current Chair of our Board. He is very16 generous with his time and the resources17 of the station in support of the18 District's activities.19 Dr. Matthew Schure is the20 President and CEO of the Philadelphia21 College of Osteopathic Medicine. He is22 our past Chair and the current Vice-Chair23 of the District, and he has been24 supportive of the District in every way.25 12/7/11 - WHOLE - BILL 110835, ETC.1 Jeff Goldstone will be new to2 our Board. He is the President of3 Herbert Yentis and Company, which has4 been located in Philadelphia for over 855 years. He's been very active with our6 Board subcommittees. He owns and7 operates several retail and office8 developments in the District, and he9 provides our Board with expertise in10 retail real estate development.11 I ask you today to please12 accept these nominations and to approve13 them.14 Thank you very much.15

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Councilman Jones

Thank you,25 12/7/11 - WHOLE - BILL 110835, ETC.1 Madam President. I just want to2 enthusiastically support these nominees3 to the Board. I'm proud of the work that4 has been done by the District. Whether5 it's issues of zoning, whether it's6 issues of safety, cleanliness, marketing7 and design for the City Avenue area,8 whether it's cooperation between two9 municipalities, they've done a great job10 of making this a non-border and really11 reaching across county lines to cooperate12 with all of us.13 If none of this was true, the14 reason I would support it is because15 every day Councilman Goode and16 Councilwoman Blondell Reynolds Brown have17 to walk on that and shop on that avenue18 and we have to make sure it is pristine.19 Thank you, Madam President.20

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Ms. Motheral

Good morning.9 I'm Margaret Motheral, the poster child10 of bad planning and zoning.11 Due to this experience, I12 wrote -- and I'm not going to read all of13 it, because you have copies -- rights to14 support the safety and property rights of15 citizens near building projects. One,16 notification, access and transparency of17 decisions and environmental reports of18 building sites provided easily to --19 COUNCIL PRESIDENT VERNA:20 Excuse me. Excuse me, please. You're21 not testifying on the resolutions.22 That's what we're considering now.23

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The Clerk

Bill No. 110835, an3 ordinance amending Title of The4 Philadelphia Code, entitled "Zoning and5 Planning," by further providing with6 respect to conditional zoning approvals;7 all under certain terms and conditions.8 Bill No. 110844, an ordinance9 amending Title 4 of The Philadelphia10 Code, Subcode "A," The Philadelphia11 Administrative Code, to make certain12 technical amendments, to further provide13 for penalties, and to transfer the14 current schedule of fees relating to15 zoning matters from the Zoning Code to16 the Administrative Code and to revise17 such schedule; all under certain terms18 and conditions.19 Bill No. 110845, an ordinance20 repealing Title 14 of The Philadelphia21 Code, entitled "Zoning and Planning," and22 replacing it with a new Title 14 of The23 Philadelphia Code, entitled "Zoning and24 Planning"; and making conforming changes25 11 12/7/11 - WHOLE - BILL 110835, ETC.1 to the Zoning Maps of the City; all under2 certain terms and conditions.3

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Mayor Greenberger

Good19 morning, Madam President. I'm Alan20 Greenberger, Deputy Mayor for Economic21 Development. I've had the honor of22 chairing the Zoning Code Commission for23 the last several years. 16 Since the last time we were17 before City Council on September 27th,18 Council provided the ZCC with 4019 recommendations for the new Zoning Code20 in the form of Resolution 110741,21 approved on October 20th. 1 accepted all of them. 6 The product of this report is7 the Final Report that was adopted by the8 ZCC on November 9th and which is included9 as Attachment A to Bill No. 110845. If10 approved, Philadelphia will enjoy a11 modern, up-to-date Zoning Code for the12 first time in 50 years. 2 As City Council is aware, the3 Planning Commission is in the midst of4 updating its Comprehensive Plan,5 Philadelphia 2035. The citywide vision6 was adopted by the Planning Commission in7 June, and we are near completion of the8 first two of 18 district plans. One of9 the important products of these district10 plans will be recommendations for zoning11 remapping, either to correct zoning where12 it is inconsistent with current land use13 or to apply zoning to help attract14 desired types of development, in accord15 with the district plan. The zoning16 remapping process will follow directly17 upon the completion of each district18 plan. 6 The third bill I will discuss7 is Bill 110835, designed to amend the8 Zoning Code, assuming that Bill 110845 is9 approved. This bill would amend the10 Zoning Code to make conditional approvals11 appealable to the Zoning Board of12 Adjustment. We support the goal of the13 amendment, which is to provide the zoning14 applicant with a high degree of certainty15 that a project meets the requirements of16 the Zoning Code as applicable to17 conditional approvals. 4 Essentially, the new Zoning5 Code creates an optional process for6 developers of of-right projects to seek a7 zoning permit in two stages. 16 The conditional approval would17 not confirm that the project meets other18 standards of the Zoning Code, including19 things such as form and design, tree20 preservation and lighting. 1 The Zoning Code Commission2 created this optional two-step process in3 response to the addition of a Civic4 Design Review process to the new Zoning5 Code. 20 Whether or not community21 members appeal at this earlier stage,22 they will only be able to appeal at the23 final stage new items that were not24 covered by the conditional permit. 13 And you'll pardon me, Madam14 President, because we received some15 proposed language this morning from16 Council that addresses our concerns, and17 so what I would like to do is simply read18 to you what we have in the testimony and19 then I will comment on the proposal that20 was in front of us. 21 The amendment clarifies that a22 conditional approval is a permit, by23 renaming it as so. 10 Finally, the amendment would11 clarify that this optional two-stage12 process is available only to by-right13 projects that are required to participate14 in Civic Design Review. 18 The amended language that I got19 this morning addresses all of our20 concerns, and we're quite comfortable21 with what it says. It talks about22 changing to a permit. supportive of. We appreciate your4 consideration of these amendments and now5 of the amendments that have been proposed6 by Council. 12 First, we are developing a13 training program for City officials and14 the public, with expected completion in15 August 2012. We are adopting a Zoning16 Map Revision Plan through the Planning17 Commission that we expect to be completed18 in March of 2012. We are drafting and19 posting Planning Commission and ZBA20 regulations, as they may need to be21 adapted to the new Code, completion in22 August of 2012. 3 And we are drafting legislation to4 Chapter 14-900, which is the sign5 controls, that we will send to City6 Council we anticipate in the spring of7 2012.

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Council President Verna

Thank23 you.24 Are there any questions from25 23 12/7/11 - WHOLE - BILL 110835, ETC.1 members of the Committee of2 Mr. Greenberger?3 (No response.)4 COUNCIL PRESIDENT VERNA:5 Mr. Greenberger, you said that Council6 had amendments that they were suggesting.7 Would you go over those amendments,8 please, because I don't think members9 have a copy of that.10 DEPUTY MAYOR GREENBERGER:11 Okay. There are certain things -- one is12 that it changes the conditional zoning13 approval to a permit process, which we14 agree with that. That was our suggestion15 as well.16 Two, it says L&I's decision on17 an application for a conditional zoning18 permit is a final decision that may be19 appealed to the Zoning Board, and that's20 also in our testimony.21 And then, third -- and I'm22 going to read this one, because I think23 it's important just to make sure that24 everybody hears the language -- per the25 24 12/7/11 - WHOLE - BILL 110835, ETC.1 Administrative Code, after receipt of any2 permit under the Zoning Code, the permit3 holder shall post a true copy of the4 permit on the subject property along each5 street frontage, unless impractical, in a6 place and manner conspicuous to the7 public for no less than 30 days. If the8 City has listed the street address and an9 e-mail address for one or more registered10 community organizations, as defined in11 14-303(12)(a), referred to as registered12 community organizations, on a City13 website page that lists all registered14 community organizations, that a holder of15 a conditional zoning permit shall provide16 written notice to any registered17 community organization whose registered18 boundaries include the subject property.19 Notice may be sent via hand delivery or20 certified mail to the street address or21 via e-mail to the e-mail address of any22 such registered community organization23 listed on such City website page within24 15 days of receipt of the conditional25 25 12/7/11 - WHOLE - BILL 110835, ETC.1 zoning permit. A written notice2 containing the address of the subject3 property and a copy of the conditional4 zoning permit shall meet the notice5 obligations required hereby. And the6 effective date would be, in essence, the7 same date as the effective date of the8 new Code, and we're supportive of this.9

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Ms. Gladstein

Thank you.6 COUNCIL PRESIDENT VERNA:7 Councilman DiCicco.8 COUNCILMAN DiCICCO: Thank you,9 Madam President.10 I too would like to take this11 opportunity again. I know in the past12 I've taken the opportunity to thank the13 Commission and my colleagues for the hard14 work that was put into this piece of15 legislation.16 This journey started several17 years ago as an idea that came to me18 working with my then Chief of Staff Brian19 Abernathy. So if you don't like this20 thing, blame Brian. If you like it, then21 I'll take credit for it.22 DEPUTY

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Mayor Greenberger

And23 we know where to find him.24 COUNCILMAN DiCICCO: But it was25 27 12/7/11 - WHOLE - BILL 110835, ETC.1 a result of the trials and tribulations2 that I had gone through for several years3 trying to figure out how to move this4 City forward and get good development5 while respecting the concerns and6 quality-of-life issues that would impact7 neighborhoods and all the great8 neighborhood groups that we have9 throughout the City of Philadelphia.10 As you know, my district has11 had -- and I won't say it, Darrell --12 more development than anybody else's,13 because Darrell and I have a dispute14 about that. But I obviously have had a15 significant amount of development, and16 that's what led me to think that maybe we17 can do better.18 When we set out at the onset, I19 never believed that we would have a20 perfect document. There's no such thing21 as a perfect document, because you cannot22 tailor it to everyone's specific needs.23 But, again, I want to take this time to24 thank you two folks and all the members25 28 12/7/11 - WHOLE - BILL 110835, ETC.1 of the Commission, my colleagues for the2 appointments that you sent over to3 represent your various offices, and in4 particular, to my two colleagues,5 Councilman Green and Councilman O'Neill,6 who I do not think missed any meeting,7 any of the meetings in the four years8 plus, and Stacey, Councilman Green's9 point person on this. You were10 magnificent. You were a pleasure to work11 with. And, again, thank you and12 congratulations. I think that this is13 going to be a huge step in continuing to14 move the City of Philadelphia forward.15 Thank you.16 DEPUTY MAYOR GREENBERGER:17 Thank you, Councilman.18

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Mr. Perlman

My name is David6 Perlman. I am the President of the7 Building Industry Association, which8 represents the regional residential home9 builders, residential contractors and10 suppliers. I want to thank Council11 President Verna and all the members of12 City Council for allowing me to speak13 today on Bill No. 110845.14 On behalf of the BIA, I15 strongly urge the adoption of the Zoning16 Code Commission's report. In October17 2004, the BIA issued a report entitled18 "If We Fix It, They Will Come," calling19 for the modernization of the Philadelphia20 Zoning Code. Two years later, the BIA21 worked with Councilman DiCicco to draft22 the Charter change amendment that created23 the Zoning Code Commission, and several24 of our members were among the25 31 12/7/11 - WHOLE - BILL 110835, ETC.1 Commissioners who put thousands of hours2 of work on its final product.3 The need for change is clear to4 anyone who has attempted to read the5 Zoning Code. The current 624-page Code6 is difficult to understand, typically7 requiring a lawyer's translation to8 understand what can be built on a site.9 Suffice it to say, in Philadelphia's10 current system, no one ever wins because11 there's no certainty.12 The Administration,13 Councilmembers, developers, community14 groups are all frustrated because the15 process is broken, unpredictable and a16 detriment to the future development in17 Philadelphia. Modernizing the18 Philadelphia Zoning Code will help set19 predictable, consistent rules for20 development that will serve to attract21 new residents, jobs, investment while22 preserving the unique character of our23 neighborhoods.24 While the new Zoning Code, in25 32 12/7/11 - WHOLE - BILL 110835, ETC.1 and of itself, may not necessarily drive2 demand, it is a vital proactive step3 needed to ensure the City is responsive4 to the demand as it is generated. If5 Philadelphia is to be attractive to6 national and local developers alike, we7 must reform our Zoning Code.8 The BIA would like to thank9 Councilman DiCicco for his leadership on10 this zoning reform. While the BIA agrees11 the Code draft is not perfect, we12 strongly believe it represents tremendous13 progress and addresses in a fair manner14 the compromises necessary to achieve15 zoning reform in Philadelphia.16 For all these reasons, the17 members of the Building Industry18 Association ask, for the last time, the19 City Council gives their final approval20 to the report sent to them by the Zoning21 Code Commission and approve Bill No.22 110845.23 Thank you for your24 consideration.25 33 12/7/11 - WHOLE - BILL 110835, ETC.1

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Mr. White

Good morning,5 Council President Verna and members of6 the City Council. Thank you for the7 opportunity to testify in support of Bill8 No. 110845 for the City's new Zoning9 Code. My name is James White, and I am10 the Policy Coordinator of the11 Philadelphia Association of Community12 Development Corporations. PACDC is a13 citywide association of 90 community14 development corporations and other15 organizations that have extensive16 experience working to revitalize17 neighborhoods and meet the community18 development needs of local residents.19 We applaud the Zoning Code20 Commission, City Council and neighborhood21 residents for their efforts to develop a22 thoughtful plan to transform our arduous23 Zoning Code into a more user-friendly24 system. We believe that the proposed new25 34 12/7/11 - WHOLE - BILL 110835, ETC.1 Zoning Code combined with a thoughtful2 remapping and district level planning3 process with significant community input4 will provide a clear vision of what5 Philadelphians want their communities to6 be in the future.7 We wish to express our8 gratitude to the City Council for their9 dedication to this four-year zoning10 reform process and for advancing this11 significant legislation to a vote before12 the end of the councilmanic session. We13 support Bill No. 110845 and adoption of14 the Zoning Code Commission's Final Zoning15 Code Report, as it fairly balances a16 number of competing interests and will17 advance neighborhood revitalization in18 our city.19 We look forward to the20 opportunity to continue working with the21 City to advance this effort that will22 address resident and community needs and23 result in stronger neighborhoods24 throughout Philadelphia.25 35 12/7/11 - WHOLE - BILL 110835, ETC.1 Thank you.2

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Mr. Brownlee

Yes. Thank you.12 Thank you, Madam President. I have13 copies of my testimony for distribution14 in writing, and I will speak more briefly15 than what I've written.16 I'm David Brownlee. I'm one of17 the Vice-Chairs of the Design Advocacy18 Group, which is a volunteer organization19 of more than a thousand individuals in20 the Philadelphia area who are interested21 in design, architecture, development and22 city planning. The Design Advocacy Group23 has long called for the reform of the24 Zoning Code, and we are very glad today25 36 12/7/11 - WHOLE - BILL 110835, ETC.1 to congratulate City Council, the City2 Planning Commission and the Zoning Code3 Commission, to congratulate you warmly4 for both the open and well-informed5 process that has produced the bill that6 is before you today and for the excellent7 product itself that that effort has8 yielded.9 Our written testimony goes into10 some detail highlighting what we believe11 to be the singular achievements of this12 legislation, some of which have already13 been mentioned. I will mention among14 them simply the establishment of a Civic15 Design Review process, the innovative16 skyplane massing control component of the17 bill and the incentives that it provides18 for transit-oriented design, for19 sustainable design and for diversity.20 Those details are in our21 written testimony. For now, the Design22 Advocacy Group simply wants to thank you23 for bringing us this far and to urge the24 Council to take a final step in this25 37 12/7/11 - WHOLE - BILL 110835, ETC.1 process. It is indeed a wonderful thing2 at this torturous time in American3 history to see a legislative body that4 gets its hard work done.5 Thank you very much.6

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Mr. Huntingdon

Good morning,10 President Verna. As I stated earlier,11 I'm here testifying on behalf of the12 Crosstown Coalition, which is a group of13 12 civic associations that banded14 together to address the concerns raised15 by the Zoning Code Commission. Our16 membership include Center City Residents17 Association, East Falls Community18 Council, East Passyunk Civic Association,19 Logan Square Neighborhood Association,20 Northern Liberties Neighbors Association,21 Old City Civic Association, Overbrook22 Farms Club, Queen Village Neighbors23 Association, Society Hill Civic24 Association, South Broad Street25 38 12/7/11 - WHOLE - BILL 110835, ETC.1 Neighborhood Association, South of South2 Neighborhood Association and Woodland3 Terrace Homeowners Association, as well4 as SCRUB.5 We presented a letter to City6 Council on November 30th expressing our7 support for the current provisions of the8 Code. Our work with the Council -- with9 the Commission and Council staff and10 members has entailed more than 5511 meetings, the review of all the major12 documentation that's been produced and13 over 100 pages of detailed analysis. We14 have come to believe that the currently15 proposed Code encompasses major potential16 benefits. These include better defined17 roles and standing for neighborhoods,18 civic design reviews to encourage better19 development decisions, and skyplane20 controls to allow more creative21 approaches to protecting adjacent areas22 from the densest development patterns.23 Given these fundamental24 benefits and recognizing the25 39 12/7/11 - WHOLE - BILL 110835, ETC.1 extraordinary efforts made to reconcile2 the many complex issues that have been3 presented among diverse constituencies,4 the Crosstown Coalition supports5 Council's enactment of the new Zoning6 Code.7 While we support enactment,8 like many others, our Coalition still has9 remaining concerns about certain aspects,10 and we will remain observant and will11 work for needed modifications.12 Finally -- and this is quite13 important -- we want to thank both the14 Commission and City Council and their15 respective staffs for their attention and16 responsiveness to the issues that are17 crucial for empowering neighborhoods as18 productive partners in Philadelphia's19 future.20 I've cut short my remarks so21 that I could have my compatriot in the22 Crosstown Coalition, Sam Little, address23 the one topic that is of particular24 concern to the Coalition now.25 40 12/7/11 - WHOLE - BILL 110835, ETC.1

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Mr. Little

Madam President,4 I'm Sam Little from the Logan Square5 Neighborhood Association, and I did want6 to address what the Deputy Mayor already7 has discussed in the amendments which is8 before you in terms of notification on9 conditional zoning permits.10 We had had a concern and11 expressed it to both the Commission and12 to Council staff that without13 notification, it's possible a very large14 project can be well underway to have a15 finalized approval at one level and16 tremendous amount of community upset by17 surprise. That had been our concern.18 The Barnes tower project, which was19 partly in our community and partly in the20 north, is an example of what we don't21 want to ever see happen again.22 So the resolution -- this is, I23 think, not only a great product, but24 symptomatic of the process of how people25 41 12/7/11 - WHOLE - BILL 110835, ETC.1 have worked together, that you can find a2 way to formally notify the community3 organizations and the appropriate4 neighbors on large conditional, these5 first-stage permits. It makes an6 enormous difference on really what's our7 fundamental concern, and, that is, we8 want neighbors -- and we have testified9 to this previously. We want neighbors10 and neighborhood associations to work11 with developers for a joint idea of a12 more prosperous Philadelphia that13 maintains quality of life. And I would14 just reiterate what Steve said. We have15 been blessed by the level and the16 purposeness of the communication, both17 with the Commission and with Council and18 their staffs, to address our concerns and19 resolve many of them, and we look forward20 to the new Code, working with you and the21 City and developers for a better22 Philadelphia.23 Thank you.24

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Councilman Green

Thank you.5 Mr. Perlman, you don't have to6 comment on this if you wish, but as the7 Building Industry Association, you made a8 bunch of comments about how hopefully9 this will improve development and get10 people to come in here and invest in the11 City that don't currently do so, which12 was the purpose of your initial report,13 "If You Build It, They Will Come," and I14 think it's important that we all15 recognize for the record that the new16 Zoning Code is a great achievement, and17 Councilman DiCicco and his staff who18 worked on this to make this possible from19 the beginning of this process should be20 commended. It is fabulous. But it's the21 beginning and not the end of the process22 that will make this a city to build in.23 And I say that because we could simply24 have done a full remapping of the City25 44 12/7/11 - WHOLE - BILL 110835, ETC.1 with the old Zoning Code and we would2 have a lot of development happen in the3 City of Philadelphia.4 The goal here, the purpose here5 was to make things of-right where there's6 development pressure so that the process7 of taking one year, two years to get8 through all the processes, which cause9 people to miss financing, which cause10 people to pencil projects when it is11 profitable and have them be not12 profitable by the time it's built, that13 whole long process of doing business in14 the City will be changed such that you15 buy a property, you know what you can do16 with it, you get your financing and17 you're in the ground in three months.18 That is the ultimate purpose of promoting19 development from the building industry's20 perspective, I think. That will actually21 not occur until we have done a remapping22 and we take property that's currently23 industrial and we say, You know what,24 that should be industrial mixed use or25 45 12/7/11 - WHOLE - BILL 110835, ETC.1 that should be commercial mixed use or2 that should be residential mixed use, and3 then we'll have by-right projects that4 are possible. We take property that's5 currently commercial where there's no6 commercial development, there's not7 enough density there to have stores, and8 we say, You know what, this should really9 be residential, half of this commercial10 corridor, and then developers can come in11 and turn them into residential houses and12 they'll be development of-right, without13 having to go through a variance process14 that takes so long and court battles and15 other things like that.16 So we have begun a very17 important process, but the vision that is18 laid out in your initial report will not19 be complete until there is a mapping that20 is creating this possibility in areas21 where variances would otherwise be22 required for zoning to happen. And we23 have a lot of land in this city that is24 mis-zoned given today's world and market25 46 12/7/11 - WHOLE - BILL 110835, ETC.1 demands and requirements.2 And so I just wanted to make3 sure -- I just wanted to put that on the4 record and see if you had any comment.5

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Mr. Perlman

Some of the3 things that we see that will change will4 be side yards, rear yards, height issues5 that always bog down the system. So6 those we'll be able to process a little7 bit quicker. You know, people will get8 their permits over the counter. So there9 will be a whole lot less from the R-1010 market, which is residential and which is11 the BIA's residential. So we see an12 immediate impact that will help.13 You know, we can't talk about14 the market and what the market is going15 to bring and what the economy is going to16 bring, what the banks are going to do and17 interest rates and things like that, but18 we know that we're in the right19 direction, and with the support of City20 Council and getting this done and then21 getting the remapping completed, I agree22 with you that the remapping has to get23 done as quickly as possible.24

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Councilman Green

Thank you.25 48 12/7/11 - WHOLE - BILL 110835, ETC.1 And just for the record also, City2 Council's recommendations back to the3 ZCC, one very important one that was4 adopted to the comments from the5 community associations that you'll be6 keeping a vigilant eye on what's7 happening, we require hearings in City8 Council one year from the date of9 enactment so that we can have some10 experiences come back to us, how it's11 actually worked, so that we'll hopefully12 have a built-in process to make tweaks13 and changes that we know will be required14 after a year's experience. So we look15 forward to hearing from you during that16 year and then at those hearings.17 Thank you very much.18

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Ms. Masters

Good morning.10 I'm Elizabeth Masters and I have printed11 copies.12 Good morning, Council President13 Verna and distinguished members of City14 Council. My name is Elizabeth Masters.15 I am here today to speak on behalf of the16 Philadelphia Chapter of the American17 Institute of Architects. We are a18 professional organization that represents19 1,300 individual member architects who20 practice in the City of Philadelphia and21 surrounding counties. We also have 30022 architecture firms that are members and23 250 companies that are affiliate members24 that supply products and services to the25 50 12/7/11 - WHOLE - BILL 110835, ETC.1 construction industry. I am an architect2 and a Board member of both the3 Philadelphia and the Pennsylvania AIA4 chapters, and I am Chair of the5 Government Affairs Committee of AIA6 Philadelphia. Thank you for hearing our7 testimony today in support of Bill No.8 110845.9 Architects have a keen interest10 in zoning codes for two reasons. First,11 we are a profession that is focused on12 the design of the built environment and13 the quality of life in our buildings and14 public spaces.15 Second, in our practice as16 architects, we use the Zoning Code in our17 design work to create new buildings and18 places. Thus, architects in Philadelphia19 have an intense concern for the outcome20 of the ZCC process of creating a new21 Zoning Code.22 The AIA Board of Directors has23 reviewed the ZCC proposals and revisions24 that have been presented over the past25 51 12/7/11 - WHOLE - BILL 110835, ETC.1 two years, and we have commented at key2 milestones along the way.3 Today, we ask that you support4 the work of the Zoning Code Commission5 and ask that City Council pass Bill6 110845 in this year's session without7 further delay. The proposed Zoning Code8 will improve the quality of the9 environment and the quality of life in10 our city. It will make Philadelphia more11 development friendly through a good12 public policy. It will create a more13 efficient and effective development14 process and will thereby create new15 opportunities for economic growth.16 Now is the time to make17 Philadelphia more competitive by enacting18 a modern Zoning Code, as many other19 cities have done. Our economic future20 depends on a comprehensible, fair Zoning21 Code, such as Bill 110845 would enact.22 The Code has been created through a23 process that included intense civic24 engagement to create a public policy that25 52 12/7/11 - WHOLE - BILL 110835, ETC.1 will reflect shared public values. It2 will create a new transparent process3 that is comprehensible and accessible to4 all, one that will support Philadelphia5 as a great place to live, work and do6 business.7 This is a code that will8 encourage developers to bring their9 projects to Philadelphia and to invest10 their funds with confidence instead of11 going someplace else. Now is the time to12 move the City forward with this new13 Zoning Code.14 AIA Philadelphia would like to15 commend the Zoning Code Commission, the16 ZCC staff, the consultants, the members17 of City Council and the citizens who have18 participated in the process over the past19 four and a half years. Thank you all for20 your extraordinary effort and diligence21 in bringing this herculean task to a22 conclusion so that we can begin the next23 chapter of this great city and the next24 phase of our zoning modernization.25 53 12/7/11 - WHOLE - BILL 110835, ETC.1 Thank you, Councilmembers, for2 hearing my testimony today and3 considering the position of AIA4 Philadelphia, and thank you for your work5 to make a new Zoning Code a reality. We6 encourage you to pass this bill on7 December 15th.8 Thank you.9

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Mr. Feldman

Good morning,13 Council President Verna, members of14 Council. Thank you for this opportunity15 to testify this morning on Bill 110845 to16 enact the new Zoning Code. My name is17 David Feldman. I'm President of18 Right-Sized Homes, LCC and Right-Sized19 Places, a sustainable redevelopment20 company based in Center City21 Philadelphia. 2 This is my third time3 testifying to Council in support of the4 zoning reform process to update and5 improve Philadelphia's 50-year-old Zoning6 Code. 1 and includes graphics that make it easier2 to use and understand. It lays out3 processes for community review and4 developer response on larger projects,5 even when they are as-of-right. This6 supports two main goals of the7 Commission's work, to greatly reduce the8 number of zoning applications that end up9 having to go to a lengthy and often10 problematic process of zoning variance,11 and laying out a clear and predictable12 process of community involvement and13 project review. 18 There will inevitably be a19 learning curve, especially during the20 first year of the Code's implementation21 as building permits are submitted under22 the new Code and buildings are rehabbed23 and constructed under its rules. 2 I'd like to close as I began,3 expressing gratitude for the inclusive,4 open process that involved government5 officials, practitioners, members of the6 general public, resulting in a clear,7 thoughtful, user-friendly Zoning Code and8 document describing the Code. This is an9 example of City government operating at10 its best, with the result that will11 improve neighborhoods, will encourage12 desired businesses and development to13 choose Philadelphia to locate their14 companies and undertake projects. 22

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Ms. Suzda

My name is Kristin2 Suzda and I'm here on behalf of the3 Delaware Valley Green Building Council.4 Good morning, Madam President,5 City Council. Thank you for the6 opportunity to testify today. I'm a7 Board member of the Delaware Valley Green8 Building Council, DVGBC. I'm also a9 resident of Philadelphia. I'm here today10 to thank you for your work to bring an11 updated Code to the City and to ask that12 you support the adoption of the Zoning13 Code Commission's proposal. The DVGBC is14 a non-profit membership organization15 whose mission is to encourage green16 building practices in support of healthy17 and prosperous communities. We are a18 chapter of the U.S. Green Building19 Council and have a local membership of20 about 850 representatives from the21 development, construction, architecture,22 engineering, planning, green product and23 manufacturing and recycling industries in24 the region. Together our member25 60 12/7/11 - WHOLE - BILL 110835, ETC.1 companies bring $1 billion of revenue to2 Philadelphia annually. We have over 4503 members who live or work in Philadelphia.4 Over the past year, we've5 worked with our members to review and6 provide comments on the drafts produced7 by the Zoning Code Commission and their8 consultants. We met with the Commission9 staff and consultants particularly on10 issues related to green building in the11 City. We are pleased with the results of12 this laborious effort by the Commission13 and believe that the adoption of their14 proposal will improve the quality of15 development and the quality of life in16 the City of Philadelphia. We believe17 that the incentives for green building18 will promote higher performing buildings19 with lower operating costs and fewer20 environmental impacts.21 The proposed Code encourages22 transit-oriented development and limits23 parking requirements to reduce car trips,24 create safer and more pleasant walking25 61 12/7/11 - WHOLE - BILL 110835, ETC.1 environments and support local2 businesses. The new proposal permits3 urban agriculture, allowing increased4 access to fresh, healthy, local foods and5 converting vacant land into productive6 use. Landscaping requirements for7 parking lots and tree planting8 requirements in the new Code will improve9 air and water quality, moderate10 temperatures and provide a buffer from11 the City's nearly universal hardscape.12 The new Code encourages use of13 alternative energies on a small scale,14 such as wind and solar.15 Adopting the proposed Zoning16 Code is the best step that Council can17 take to improve livability for18 Philadelphia residents.19 Thank you.20

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Mr. Schelter

Good morning,24 Madam President, members of Council. 1 like to start out in terms of saying a2 big thank you to you for the way you have3 managed this process through Council4 expeditiously. My recollection goes back5 to the year 1968 when I first started6 testifying before this body in the Rules7 Committee and your father, Bill Cibotti,8 was on that Committee, and you have9 carried on that tradition admirably over10 all these years. 1 amazing connectors. One is Stacey Graham2 on Bill Green's staff and the other,3 Natalie Shea. They are both jewels to4 have in public service, and I hope the5 City does not let either one of them get6 away, because they are future leaders in7 the City. And, finally, the members of8 the Commission, probably best epitomized9 by Greg Pastore, who stayed with this10 over a four-year period. 14 All that notwithstanding, I15 passed out a testimony drafted based on16 the information that I had as of 517 o'clock yesterday, and things have18 changed in terms of the Amendment B19 version, which was provided to me this20 morning. 1 Craig Schelter. I'm Executive Director2 of the Development Workshop. 1 of the Zoning Code. On -1, Section2 14-101, Purpose (c)(3), removing barriers3 to enable responsible development to4 proceed as-of-right. 6 I would also want to add on to7 Councilman Green's comment, though, that8 this is the beginning. I think Council9 very wisely, on the Zoning Code's10 recommendation, had eight months before11 the Code would go into effect, and I12 think just as Mr. Greenberger testified13 this morning on Bill 110844, there are14 things that we will discover over the15 process which we will have a chance to16 amend and come back before this Council17 and work with Council on this. 1

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Ms. Gaston

5 Cheryl Gaston. I am Chair of the Real6 Property Section of the Philadelphia Bar7 Association. We did send an endorsement8 letter late yesterday afternoon, and I'm9 going to revise my remarks just a tad to10 also endorse the adoption of and the --11 this Version B of Bill No. 12 The Real Property Section of13 the Philadelphia Bar Association shares14 with the Zoning Code Commission the15 desire to provide all Philadelphians with16 a simple, transparent and effective17 Zoning Code with which to guide18 development. In that spirit, the Real19 Property Section supports enactment of20 Bill No. 4 Key members of the Section's Zoning, Land5 Use and Code Enforcement Subcommittee6 volunteered countless hours intensively7 reviewing and providing extensive written8 comments with respect to the respective9 Zoning Code drafts. This diverse group,10 representing community groups, developers11 and municipalities, put their collective12 knowledge and expertise into reviewing13 the successive drafts that eventually14 produced Bill No. 110845. We met15 numerous times with representatives of16 the Zoning Code Commission to review our17 written comments and attended Zoning Code18 Commission sessions with others,19 including representatives of community20 groups, in what were deemed to be very21 productive meetings in an effort to22 improve the drafts. 1 that the development rights of private2 property owners are constitutionally3 protected and provides a clear path for4 those seeking to participate in or5 challenge a zoning proposal. 12 While we support enactment of13 this new Zoning Code, we do have14 remaining concerns, but we are encouraged15 by Council's support of Bill No. 1 the second amendment to include2 procedures governing appeals to the3 courts omitted from Bill No. 4 Council's support for these amendments5 greatly informs and influences our6 support of the enactment of the new7 Zoning Code. 15 We commend the Zoning Code16 Commission and its staff for its17 impressive work producing the Zoning18 Code. 1 staff for their commitment to this2 process and responsiveness to the3 concerns of so many constituencies. 15

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Councilwoman Tasco

And so22 some of the issues that we raised around23 this whole process and the24 recommendations that were made, some of25 73 12/7/11 - WHOLE - BILL 110835, ETC.1 those recommendations just didn't fit2 with our neighborhood, because it's a3 different -- a bed and breakfast downtown4 is a little different from a bed and5 breakfast in East Oak Lane or even Mount6 Airy. It can turn into a rooming house.7 It's different.8 So did you see in the process9 anything that would harm in terms of just10 the perception -- I'm trying to figure11 out -- that will harm the 9th District or12 the 8th or a neighborhood that's not13 comparable to a neighborhood that has a14 lot of development? Because in those15 neighborhoods, there is not a lot of16 development or not a lot of commercial17 development. What we basically have are18 conversions of single-family homes to19 multi-family homes, which we don't20 support.21 So just from your view of being22 on that -- and I know you. We worked23 together. I want your comments on that.24

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Mr. Feldman

It was25 74 12/7/11 - WHOLE - BILL 110835, ETC.1 interesting, there's a lot of discussion2 I know about, for instance, things like3 skyplane and things that were Center City4 that everyone understands and knows, and5 I think the fact Greg Pastore was6 mentioned earlier, and Greg and Ann7 Hoskins-Brown and Andy Toy when he was on8 the Commission in particular, there were9 three Commissioners who were familiar10 with really neighborhoods that don't get11 as much notice and the row house12 neighborhoods and the issues -- a lot of13 issues that dealt with dimensional14 standards and activities in15 neighborhoods. For instance, community16 gardens was something where the17 Horticultural Society also gave a lot of18 feedback, because a lot of neighborhoods,19 like Mount Airy has a farm and MLK High20 School, which is institutional, but there21 are other pocket neighborhood parks and22 things that exist that neighborhood23 members sustain on a volunteer basis that24 in fact weren't allowed now that had to25 75 12/7/11 - WHOLE - BILL 110835, ETC.1 be provided for in the Code. So there2 were people who were familiar with a lot3 in the subcommittees, from my4 understanding, and people who sought5 feedback from those of us who work in6 neighborhoods, who sought feedback from7 members of Philadelphia Association of8 CDCs. Mount Airy USA and Ogontz Avenue9 Revitalization Corporation are two CDCs10 that are active and vocal in PACDC.11 So there was a lot of feedback12 that went on, but because it was more13 around specific neighborhoods, I think it14 didn't get as much press, but I think15 there was a lot of really good feedback16 and outreach to volunteers in17 neighborhoods and community members to18 address some of those issues. Were they19 all caught? I don't know. That's why I20 said there's this period of a year where21 there's going to be some things that22 happen this first year that District23 Councilpeople in particular are going to24 go, Oh, my heavens, that was in there or25 76 12/7/11 - WHOLE - BILL 110835, ETC.1 that allowed that project to happen? And2 those will probably be isolated and very3 specific things that can be adjusted as4 we see how it really applies on the5 ground. But I think the vast majority of6 those types of things that are concerns7 now were addressed by the folks who8 really have that neighborhood view on the9 Commission.10

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Councilwoman Tasco

Okay.11 Thank you. So you can't blame us for12 being vigilant about our districts and13 not be characterized as not as supportive14 of the Zoning Commission's efforts, which15 we applaud and they've done a great job,16 and, again, kudos to Councilman DiCicco,17 but we work from a different perspective18 and a different neighborhood that people19 see -- who a lot of them are developers20 or groups and really focusing on downtown21 or other parts of the area where there's22 more commercial development.23

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Councilman Green

Thank you,15 Madam Chair.16 Everybody who just testified, I17 just want to thank you. Almost all of18 you -- I think all of you actually have19 been to every single meeting. You've20 tirelessly provided not just comments at21 each meeting, but often written comments,22 and when the comments were ignored,23 written comments again, and when the24 comments were ignored, written comments25 78 12/7/11 - WHOLE - BILL 110835, ETC.1 again. It's been a long four-year2 process and you guys were tireless3 advocates, whether we always agreed or4 not, for the constituencies that you5 represent, and for most of you, it was a6 volunteer effort. And so I want to thank7 you all for your commitment to this8 process.9

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Council President Verna

9 MR. DeMARCO: First, thank you10 so much for the opportunity to appear11 here today before this esteemed body. I12 am very grateful to you for allowing me13 to make my small contribution to this14 process. 18 I'd also like to thank19 Councilman Green and Councilman O'Neill20 for really bringing together the final21 compromise on this. 9 I appear today to obviously10 urge you to pass this legislation. As11 many of you know, I have practiced zoning12 and land use for over 17 years, both as13 an attorney in this body for the Council14 President and also as a private land use15 attorney. 1 players in the process. 14 While indeed this legislation15 will certainly lessen the amount of cases16 going to the Zoning Board, this is17 exactly the mandate that the Council's18 legislation created. In fact, in order19 for the process to work properly, it is20 necessary for every stakeholder in the21 process to give up a little bit of the22 pie and their ability to manipulate the23 process, such that the process can become24 predictable and clear. 1 of the City and the people who inhabit2 it, each of these stakeholders have all3 agreed to do that. 8 As this great body knows, with9 such a large undertaking, it has been and10 will be subject to tremendous amount of11 criticism by those who seek to resist12 change and the uneasiness that it can13 bring. And certainly there are14 provisions in the document which many15 interested parties will be unhappy with,16 and certainly you will hear those voices17 and you will continue to hear those18 voices. 20 Have faith in the Commission which you21 established, which you empowered. 1 who participated in the process. But,2 most importantly, I ask you to have faith3 in yourselves. 8 Let us not underestimate this9 contribution. Too often the City and10 indeed this body have been subject to11 criticism as not living up to the12 expectations of its citizenry. 4 I look around these Chambers5 and I've seen people who have served this6 city so well and with dignity and7 devotion. I thank with all my heart the8 outgoing Councilmembers of this body -9 Council President Verna, Councilman10 DiCicco, Councilman Rizzo, Councilwoman11 Miller, Councilman Kenney and12 Councilwoman Krajewski - for your --13 COUNCIL PRESIDENT VERNA:14 Kenney? 15 MR. DeMARCO: I'm sorry. I16 meant Kelly. I'm sorry. I know. I17 meant Kelly. 10

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Mr. Spahn

Madam President and18 members of Council, my name is Gary19 Spahn. I speak solely as a resident of20 Southwest Center City. I want to offer21 just a few comments from what you might22 call the little person's perspective. 1 that we're hearing from the building2 councils, et cetera, as important as3 those concerns are. 9 I have significant concerns10 about the designation of the RM-111 residential district and the fact that12 under the preliminary reassignment of13 categories, that current R-10 properties14 would be rolled into that RM-1 new15 category. One of the significant16 problems with that, the differences among17 the residential districts, among the18 residential multi-family districts is19 mainly based on lot size. A lot of the20 current R-10 properties are not only a21 smaller beginning point of 1,440 square22 feet required, but they're also less than23 that. 5 Many of the lots in the current6 R-10 district are much smaller than the7 1,440 square feet, and in the current8 Code draft, the proposal that you're9 looking at today, multi-family is10 allowed, determined by 350 square feet11 per dwelling unit is required. That12 means -- I think that threshold is set13 too low. 4 However, the person may say, But in order5 to put a two-family dwelling in there,6 which I can do as-of-right, I really7 can't observe the 30 percent open area8 requirement. This is where we come to9 the fundamental change that has to happen10 for this entire process to be successful,11 and it's something that is beyond the12 control of this body. It's apparently13 beyond the control of the Mayor. 1 Board hears someone say, Oh, I want to2 develop it as a two-family dwelling, but3 I really need -- I could develop it as a4 single-family dwelling. So you can't5 demonstrate that you can't reasonably6 develop it. Oh, but I can do two, but --7 you get the line of thought. 14 I know there have been some15 changes to the criteria for dimensional16 variances in the various drafts. 1 The language in the initial2 draft was disastrous. 15 And, finally, I've heard many16 comments about how the current Code is17 unworkable, whatever, whatever. Yes,18 there are problems with it. Two of the19 most significant problems with the20 current Code are its poor organization,21 because it's become poorly organized over22 time, and poorly defined terms. 6

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Ms. Giles

Yes. Good morning,12 Council President Verna and esteemed13 Councilmembers. Thank you for the14 opportunity to testify today. My name is15 Penelope Giles. I am the Founder and16 Executive Director of the Francisville17 Neighborhood Development Corporation.18 Since 2003, the Francisville Neighborhood19 Corporation has sought to revitalize the20 neighborhood by viewing abandoned lots as21 an opportunity for in-fill housing,22 encouraging commercial ventures and23 implementing initiatives that aspire to24 make Francisville the greenest25 92 12/7/11 - WHOLE - BILL 110835, ETC.1 neighborhood in Philadelphia.2 Today I submit testimony for3 City Council's Committee of the Whole on4 Bill No. 110845, the adoption of the5 Final Report of the Zoning Code6 Commission.7 I would like to thank City8 Council for all their work over the past9 four years to create and adopt into law a10 fair and smart Zoning Code.11 Adopting a new Zoning Code is12 critical to Francisville and all of13 Philadelphia's neighborhoods. The new14 Zoning Code will make it easier for15 neighborhoods to be preserved,16 strengthened and revitalized. The new17 Code will provide clear direction to18 every developer or homeowner who seeks to19 improve or develop a property. Having20 clear rules developed ahead of time with21 community input is far more -- is a far22 more effective way of ensuring good23 development than efforts to stop or24 change development after it's been25 93 12/7/11 - WHOLE - BILL 110835, ETC.1 approved.2 We're looking forward to the3 passage of the Code in 2011. We will4 then help to bring community input and a5 clear vision for our community to the6 remapping process. Please adopt this new7 Zoning Code on December 15th in 2011.8 I would also like to add an9 additional comment with regard to10 concerns that all neighborhoods are not11 created equal. I submit the following:12 Our goal in all these processes - to13 improve the Zoning Code, the City Plan,14 property tax reform - should be to15 provide -- I'm sorry; should be to16 provide ample opportunity for17 Philadelphia neighborhoods, for all18 Philadelphia neighborhoods, to achieve19 their highest value through what should20 be a holistic approach to revitalizing or21 preserving a neighborhood. Equality22 should be the mandate and goal, so that23 all neighborhoods can achieve and sustain24 economic and ethnic diversity.25 94 12/7/11 - WHOLE - BILL 110835, ETC.1 Thank you.2

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Ms. Green

Okay. Good6 morning, Council President Verna and the7 members of Council. I'm distributing out8 what we are proposing for today, which is9 we're asking -- we're requesting a10 housing conformity amendment that will be11 put into the Zoning Code. 20 Conformity fosters neighborhood21 conservation. 10 Requested changes to the new11 Zoning Code 14-701: Recommendation - we12 are requesting that the issuance of13 permits should include a housing14 conformity amendment that would be in15 line with the standard housing heights of16 that community. 12 We attached on the back our13 reasons. We came here back in March14 asking for a moratorium for our15 particular community, but we feel that16 the whole Philadelphia community should17 be protected and preserved. 22 Many existing houses are over23 80 years old. 12 And, five, garden blight. Roof13 gardens may not be maintained if the14 property is sold or abandoned. 20 I just want to address this21 issue and why this is very important. I22 want you to turn to the second page where23 you have the young lady -- you have the24 woman. This is an elderly woman. 1 is on the 2200 block between Washington2 and Carpenter. And I'm going to make3 these statements because I feel that4 we've come here, this is our third time,5 and we have expressed our concerns, and6 they're not being taken seriously. 10 This is a Philadelphia concern. And the11 reason why we're asking for this housing12 conformity amendment, because this is13 about Philadelphians first. That's what14 this is about. Okay? 20 Two-story block. Okay? As you can see21 that three stories have been built and22 the block is now destroyed. Okay? 1 This woman has been here for 402 years. She stated her and her husband3 has raised their families there. All her4 friends have been moved out of the5 neighborhood -- have moved out the6 neighborhood, but she says she's7 determined to stay. She said that she's8 been harassed constantly by developers to9 sell her house. They're knocking on her10 door. 21 The citizens of this city, the22 people who live in these neighborhoods,23 deserve mechanism to try and preserve24 their neighborhood. 1 preservation, he said, Councilman2 DiCicco. And then Councilman DiCicco3 stood up for his neighborhood and4 protected his neighborhood, and in 2004,5 City Council voted unanimously for a6 moratorium for Queen Village. Yet, you7 refuse to give a moratorium to Point8 Breeze. 19 Visitors come to Philadelphia20 to see the Philadelphia colonial style21 housing. They're not coming to see mini22 New York. They're not coming to see23 three-story houses. 3 That's what they come to Philadelphia4 for. They're not interested in seeing5 these modern three-story houses. 11 The other one is, when you go12 to New York, there's not a lot of decks13 on top of these houses in Brooklyn, in14 Queens. You can ride out into these15 residential areas. 20 So I'm saying to try and follow21 or copy behind the City, they have their22 own character. 1 four-story houses in New York are rooming2 houses. You have apartments. You have3 rooms, and they rent out rooms to people4 in New York. 8 Do you want the City to turn into a9 rooming house or a rooming community like10 in New York? These people in New York11 would love to come down here. They've12 said that to me. 20 I say this, and I'll end with21 this: I'm an Eagles fan, and I'm sure22 you're an Eagles fan. 1 they're doing good and we have to stick2 to the team where they're not doing that3 good. 9 And right now many residents in10 Philadelphia, we are Philadelphians and11 we need to see your support. 14 We're not saying we're against15 new development, but you're also moving16 towards removal of development, because17 these houses bring a certain message to18 existing residents. 23

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Ms. Green

I have with me2 Mr. James Harris. We have -- we're3 starting to get the support of this4 amendment. We have the support of the5 Southwest Coalition that consists of 126 organizations out there. We also have7 the support of Lee Talbert and the West8 Philadelphia Coalition that has 40 or 509 organizations out there. We will begin10 to move out to Oak Lane and East Oak Lane11 and all those other areas to show them,12 because many of these are two-story13 communities. And we have James Royal14 from Strawberry Mansion, and I would like15 for them to make comments.16

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Mr. Harris

Good morning,19 Madam Chairman and the rest of City20 Council. My name is James Harris and I'm21 a -- first of all, I'm a committee person22 with the 40th Ward, 3rd Division.23 Secondly, I'm Assistant24 Director of Southwest AID. That's the25 106 12/7/11 - WHOLE - BILL 110835, ETC.1 community civic organization we have in2 Southwest Philadelphia.3 I was here a couple of months4 ago in reference to another issue, about5 the prison thing, and I'm here today6 because I'm a fighter. I believe in7 human concerns and neighborhood concerns.8 That's my motive, and we do the best we9 can for our communities.10 I know that I live in a11 neighborhood where we have predominantly12 second-story buildings. Now, if my13 neighbors woke up one morning to find a14 three-story structure in the middle of15 our block, they would go livid. They16 would have no concern and you would17 probably have to call 9-1-1 to be able to18 cease the fire.19 And the thing about it is, I20 know that when you think about how people21 live and the means of supporting22 themselves, they live on limited incomes23 and a structure like that in the middle24 of a neighborhood would create so much25 107 12/7/11 - WHOLE - BILL 110835, ETC.1 disconformity until, you know -- I have2 problems now trying to keep my block to3 make sure they put the trash out when it4 needs to be put out, you know, and keep5 the lawns manicured, you know. So this6 will be a totally new adventure for them7 to be able to come out and see this type8 of structure being done in the middle of9 my neighborhood.10 I live in an area where you11 have maybe three blocks of, I say, 300,12 you know, first level homes, but the13 majority of it is second level. And the14 thing about it is, you know, you have to15 make sure that you're concerned about the16 total neighborhood, not just a few17 people. Some might be able to afford it,18 the ones that have the income that can19 compensate it, but the majority of those20 people in my neighborhood, they on fixed21 incomes. And the thing about it is, they22 live from paycheck to paycheck. And my23 greatest concern each and every day is my24 constituents and how they're going to be25 108 12/7/11 - WHOLE - BILL 110835, ETC.1 able to live from day to day.2 I became a political person3 because I wanted to do the best I could4 for my neighborhood, and that is my major5 concern, you know. So if you'll have any6 sympathy whatsoever, consider the fact7 that everybody in my neighborhood will be8 in disagreement with this. And the thing9 about it is, the people that might be in10 agreement of it, you know, they will11 probably be ran out of the neighborhood12 when they found that it was being13 constructed.14 But the bottom line is, you15 know, have concern for the total16 neighborhood, not just for a few people17 that maybe want to use this type of18 structure in the neighborhood.19 So I'm here today because I20 believe in what I think is the basic21 concern for our human existence. And I22 want to thank you for listening to what I23 have to say, and I hope you would take it24 under consideration for what it's worth.25 109 12/7/11 - WHOLE - BILL 110835, ETC.1 Thank you very much.2

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Mr. Royal

6 I'm going to be short. I think7 it's important to recognize that we know8 that folks from Washington, DC and New9 York want to come here because they say10 the land is cheaper. 19 I listened as we talked about20 the various meetings over the years,21 which is true. Most of those people who22 were going to those meetings were folks23 that were on salary or being paid. 1 take off from the job or had no job in2 order to make all these meetings. 5 Just like even today as we came in, there6 were further revisions. 8 So I'm saying to you that I9 think Councilman Green hit the nail on10 the head. 16 As my colleague just said,17 there are a lot of folks on fixed18 incomes. 1 dollars in the neighborhoods, because we2 understand where the move is. The move3 is, you want to bring in new dollars to4 increase the tax base to support the5 City. Well, the people that have been6 living here for the last 40, 50, 60 years7 and have no other alternative, they8 can't -- many people can't move. Like9 the mother down in South Philly, she10 can't move. 13 So we're not opposed to the14 Code, but we are opposed to really the15 way it's being implemented without these16 further concerns. 23 So we just want to say to you,24 there is real concern. 3 There's been a lot of meetings. 7 But the point is -- and I8 watched all the other folk, you know, but9 the point I'm saying to you is, there has10 to be some concern as these conformities11 are being laid out for the existing12 residents and how we become a part of the13 overall change to bring more money, to14 bring stability. And there are a lot of15 other problems we have to fight on the16 side. 1 because the CDCs, I keep hearing that2 over and over in various venues. The3 CDCs are an impediment a lot of time to4 the existing resident, because there's a5 disconnect. They're not really connected6 with the neighborhood, and they're7 connected with the people that put them8 in place, whoever that might be. And9 we're not opposed to people being put in10 place, but we want to stress to this11 Council that not only should we be12 looking for developers, we should be13 looking for development for the existing14 residents so that they can go along and15 grow with the neighborhood. Because if16 we bring these condos in, the 3 and17 400,000 -- I lived on Brown Street,18 perfect example, on 20th Street. The19 house is worth $7,000. Somebody bought20 it for 400,000, a $7,000 house. 1 you know, with the Spring Garden and with2 the walkways and the parkways and3 everything happening in West4 Philadelphia. 12

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Council President Verna

Thank13 you very much.14 Mr. Greenberger, do you mind15 approaching the witness table, please.16 This has been an ongoing concern. Can17 you please address this issue and with a18 commitment that you will certainly19 continue to work with the community.20 DEPUTY MAYOR GREENBERGER:21 There are a couple of things to address.22 One is just to get the numbers straight.23 The Zoning Code, as it's in front of you,24 changes the baseline residential height25 115 12/7/11 - WHOLE - BILL 110835, ETC.1 from 35 to 38 feet, not to 40 feet. And2 that was to accommodate a lot of the3 desires of new construction that tend to4 have slightly taller floor to floor5 heights.6 But to the issue that's being7 addressed, we've heard that and we've8 also heard from other people about the9 desire to expand and keep their families10 in Philadelphia, both current residents11 and new residents. And so what we did in12 the Zoning Code on these blocks that are13 predominantly two stories is, we said14 that if you are building a third floor,15 it has to be set back at least eight feet16 from the front wall of the house, or if17 you are building a deck, it has to be set18 back a minimum of five feet. And so if19 you are -- if you were going as far as20 putting a deck on the third floor, you'd21 have an eight foot setback and a five22 foot setback, and I actually think for23 most of the houses involved, that would24 probably result in a deck not worth25 116 12/7/11 - WHOLE - BILL 110835, ETC.1 building.2 That was what we tried to do as3 a compromise to recognize the importance4 of the character of these two-story5 blocks, but give people an opportunity to6 expand their living quarters and commit7 to being in the City.8 What's come up subsequently --9 and we've had this conversation, a very10 good conversation, I might add -- is that11 even if there are places in the City12 where people feel very strongly and can13 unify a community around the idea of14 creating what's called a conservation15 district, where you can set some16 additional rules on very particular17 areas -- and Queen Village does indeed18 have such a conservation district; in19 fact, they're the only one -- that's20 worth considering. And what we've21 suggested is that that needs to be -- a22 conservation district needs to be handled23 as a separate ordinance of Council. It24 needs to be very particular to the25 117 12/7/11 - WHOLE - BILL 110835, ETC.1 conditions that they're describing, and2 it needs to gain a required level of3 support within the community.4 I think that's worth looking5 at. There's a proposal in front of at6 least the Point Breeze community to do a7 study to decide whether this is feasible,8 which blocks should be involved, is it9 feasible to do, will it gain the right10 level of support, and we're certainly11 amenable to looking at that and working12 with them. The only thing that we are13 not in agreement with is that the request14 was for a moratorium on new construction,15 basically a moratorium on new permits,16 and we feel that that would send a17 chilling message that would be broadly18 seen throughout the City and outside the19 City as being not supportive of20 development in a time of pretty dire21 economic straits. So we've asked that22 this become a matter of local Council,23 Councilperson, that this study be done in24 a very limited period of time so that an25 118 12/7/11 - WHOLE - BILL 110835, ETC.1 answer can be gotten quickly, and that we2 should consider it.3

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Ms. Green

I understand that,11 but let me address that, because I think12 that this is the wrong message.13 Setbacks are still a14 three-story box. I asked Mr. Greenberger15 has he seen a setback. He said they16 hadn't built them yet. I said, yes, they17 have. They have built them in South18 Philly.19 Not one City Councilperson has20 called us up and said, Let me take a21 tour, see what it looks like up front.22 We as community groups and23 community members, we don't have the24 time, the money to run around here to25 119 12/7/11 - WHOLE - BILL 110835, ETC.1 each group and try to create a2 conservation district. The reality of it3 is that you have increased the building4 heights from 35 feet to 38 feet across5 the board. That's it. You didn't say,6 We're going to go from each community to7 see if it works.8 We're saying at this particular9 point, leave a two-story community a10 two-story community. It is not about11 expanding families, because you raised12 your family in a two-story. He's raised13 his family in a two-story. Plenty of14 people raised their -- you raised your15 family in a two-story, right, Ms. Verna?16

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Ms. Green

Two-story.23 So there's nothing wrong with a24 two-story community. We're saying let us25 120 12/7/11 - WHOLE - BILL 110835, ETC.1 not put the stress on the residents to go2 around and have to create --3 conservation, it calls for a lot of work.4 It's too much work for a community to5 have to do that. Why not keep things in6 place, two-story, two-story; three-story,7 three-story. Like anything, when you8 join an organization, you have rules and9 policy and regulation. If you don't like10 it, you don't join the organization. If11 you do like it, then you abide by the12 rules and regulations, correct? Well,13 that's what we're asking for right now.14 Let's set the rule right now. If you15 like Philadelphia, you abide by our16 regulation. If you don't, then we'll see17 you in New York.18

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Councilwoman Tasco

Well,23 Councilwoman Verna, I'm looking at these24 photographs, and I started my career in25 121 12/7/11 - WHOLE - BILL 110835, ETC.1 Philadelphia in South Philadelphia, and2 as you look at these photographs, it3 really -- they're very ugly. I mean, you4 have a two-story house and in the middle5 of the street, you have a three-story6 house.7 The other thing is, does it8 just apply -- because I have two-story9 houses all in my district. Am I going to10 suddenly look up one day and have a11 three-story house? I don't like that.12 And I don't want to have to create some13 community group to have to deal with it.14 I think it should remain two-story, as15 she said.16 Most of the people in my17 district have been there for years.18 They're not moving out. If they move19 out, they sell to another family that20 buys a two-story house. This totally21 changes the character of the22 neighborhood.23

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Councilwoman Tasco

So I know25 122 12/7/11 - WHOLE - BILL 110835, ETC.1 that -- it seems to me in South2 Philadelphia where there's gentrification3 and there's changing of people moving in,4 African Americans are moving out, whites5 are moving in. They want different6 things. I think we need to find some7 accommodation to deal with this matter.8 I do not like it, and I think it9 certainly changes the character of the10 neighborhood. I don't want to have to11 deal with it in the 9th Councilmanic12 District, because the majority of my13 properties are two stories, and I do not14 want to have to get into -- I have enough15 problems with conversions, illegal16 conversions. Then we're going to start17 building and you're going to have this18 sawtooth effect in the neighborhood.19 So I think we need to find some20 way to deal with this. It's not just21 Point Breeze. It's the City.22

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Councilman Green

Thank you,5 Madam Chair.6 Just to address it briefly, I7 do think that the eight foot setback8 makes a significant attempt at addressing9 this issue. In other words, we are10 requiring in the new Zoning Code where11 there are two properties -- that where a12 property abuts two-story properties, that13 it may not on the street frontage have14 its third story go up straight on the15 street. That third story, if it has one16 going up to the 38 feet, has to be set17 back from the front of the two houses18 next to it by eight feet. So walking19 down a street with row homes, for20 example, you will have eight feet of21 clear space. So from the sidewalk even22 across the street, the angle is going to23 be such that you can't see much of the24 third story above the homes; in other25 124 12/7/11 - WHOLE - BILL 110835, ETC.1 words, the row homes right next to each2 other where one story -- will not allow a3 third story on the street front level.4 It will be two stories all the way5 across, presentation from the street, and6 then eight feet back from the front of7 the home, you are allowed to go up to a8 third story.9 So these pictures actually are10 under the current Code what is allowed11 and what is happening, and this Code goes12 a long way to address this problem by13 requiring where there are two-story homes14 on either side of what's being15 constructed, the setback be eight feet.16 So there will only be two stories facing17 the street essentially that people will18 be able to see, and you'll only be19 allowed, when you have two-story homes20 next to you, to go up a third story eight21 feet from the front of the other22 two-story abutting home. So you're not23 going to really see this.24 What you're seeing now is25 125 12/7/11 - WHOLE - BILL 110835, ETC.1 what's allowed under the current Code and2 is happening under the current Code with3 the 35 foot height levels that exist.4 We have tried to take the5 community concerns into effect and think6 that the eight foot setback is going to7 really improve the way this looks on the8 street level for people.9

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Councilman Jones

So this16 could -- if the real estate market17 suddenly turned around and Philadelphia18 being the world-class city that it is,19 this could be the future of neighborhoods20 throughout the City?21 DEPUTY MAYOR GREENBERGER:22 Without further regulations. So what the23 Code proposes is to make sure that these24 predominantly two-story blocks, there are25 130 12/7/11 - WHOLE - BILL 110835, ETC.1 significant setbacks so that that2 couldn't -- I don't know what kind of3 block that is, but if that was a4 two-story block, under the new Code you5 couldn't do that.6

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Council President Verna

Thank24 you.25 131 12/7/11 - WHOLE - BILL 110835, ETC.1 Councilman DiCicco.2 COUNCILMAN DiCICCO: I think3 the issue is the 35 feet which exists4 today. Some of you have been to my home5 on 11th Street and you know I have a6 deck. I had to get a variance. This is7 10, 12 years ago when I built the deck,8 because I was exceeding the 35 foot. I9 set it back five or six feet, not because10 there was any rule or regulation, but11 that's because I chose to have a certain12 size deck.13 If you're walking on the14 sidewalk in front of my house down that15 block, you will never even know there's a16 deck there because of the setback. You'd17 have to cross the street and look over on18 an angle.19 There are a number of20 properties in my district where there was21 new construction being proposed that had22 three-story buildings on them. Where23 people didn't want to support the24 variance for a fourth story, we25 132 12/7/11 - WHOLE - BILL 110835, ETC.1 compromised by doing the setback. And,2 again, it's because when you look at it3 visually, they didn't want that break4 that you see in these photographs that5 the lady supplied today.6 So I don't know if we just want7 to say a blanket across the City that8 nothing that is in a two-story building9 can go higher than two-story, because I10 really think you will be discouraging11 future development. And to the point12 where there are people -- we have --13 George Carlin did a great thing years ago14 on the stuff -- it's called Stuff. We15 all have so much stuff, and what do we do16 with it? We find a place to put all this17 stuff.18 So in today's society with all19 this stuff we have, two-story row houses20 with families don't provide enough space.21 They may not be able to afford to sell22 their home and buy a new home, so the23 easier, less expensive way is to put an24 addition on. Additions have always been25 133 12/7/11 - WHOLE - BILL 110835, ETC.1 put on homes since the beginning of time,2 whether it's an extension of the first3 floor or an addition to the second and/or4 third floor.5 The reason we did the6 conservation district in Queen Village7 was to protect some of the -- obviously8 the character of the community, but the9 lady referenced a comment that I made10 back in 2004. That had to do with a11 development of a 40-story building, not12 four, 40-story building at the base of13 Delaware Avenue and Swanson Street.14 So, again, there are many, many15 examples in the City of Philadelphia16 today where either decks or additional17 floors were placed on two- and18 three-story buildings with setbacks that19 I think could address the problem of this20 characterization of a neighborhood being21 all two-story. Be very careful if you22 just said nowhere could that be done.23 (Councilwoman Tasco talking24 without microphone.)25 134 12/7/11 - WHOLE - BILL 110835, ETC.1 COUNCIL PRESIDENT VERNA:2 Councilwoman, I don't think we heard you.3

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Councilwoman Miller

I just4 wanted to say that we have proposed doing5 a similar -- adding a third-story6 addition in the Tioga section of our7 district through one of the CDCs, but8 that was for -- I don't know the purpose9 of these three stories in South10 Philadelphia and Point Breeze, but some11 of the houses there are two stories, but12 they're only two-bedroom, and when we13 receive funding to rehab and redo a14 vacant property, it's easier to sell, it15 makes it more marketable with the16 three -- we add the three-story just to17 do a three-bedroom, but it is a setback,18 and the ones that we've looked at have19 actually been at the end of the block and20 not in the middle.21 So there are other reasons. I22 don't know what the reasons are in Point23 Breeze.24

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Council President Verna

Yes.10 COUNCILMAN DiCICCO: Just for11 my colleague, Councilwoman Tasco, we12 talked about the conservation district.13 It was created not just to deal with the14 issue of height. There were many other15 issues in Queen Village characteristic of16 the community. There were a lot more --17 had a lot more to do with facades where18 we wanted to make sure that people were19 not building homes and putting vinyl20 siding on the facade, keep it with brick,21 and then the conservation district22 created a whole list of do's and don't's,23 types of material that you could use24 versus types that would not be25 139 12/7/11 - WHOLE - BILL 110835, ETC.1 acceptable. So it was a whole host of2 things, which took a little bit of time,3 but I will say, in my opinion, it really4 does do what we're talking about here,5 preserves the character of a community,6 not only in terms of height but also in7 the aesthetical value as you walk through8 that neighborhood. So it was a9 combination of all that.10 COUNCIL PRESIDENT VERNA:11 Mr. Greenberger, you know how passionate12 the people in my area feel about this. I13 would like your commitment that you will14 continue to work with them on this15 particular issue.16 DEPUTY

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