COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, March 5, 2007, 10:25 a.m. - - - Bill 070051 - Amending Section 14-1611 of the Philadelphia Code entitled "Benjamin Franklin Parkway controls," by amending certain provisions of the special height control district for the Benjamin Franklin Parkway and by making certain technical changes, all under certain terms and conditions. COUNCILMEMBERS PRESENT: Anna C. Verna, Chair Blondell Reynolds-Brown Darrell L. Clarke William K. Greenlee Donna Reed-Miller - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 3/5/07 - RULES - BILL 070051 WITNESS William Kramer, Senior Zoning Planner City Planning Commission Mort Silverman, President.............. 9 Board of Directors, Kennedy House Rob Stuart, President.................. 13 Logan Square Neighborhood Association Andrew Toy, Board Member............... 16 Logan Square Neighborhood Association 3 3/5/07 - RULES - BILL 070051
Good morning, everyone. Sorry for the delay. This is the public hearing on the Committee on Rules. I would ask Mr. McPherson to please read the title of Bill No. Bill No. 070051. MR. McPHERSON: An ordinance 11 amending Section 14-1611 of the Philadelphia Code, entitled "Benjamin Franklin Parkway Controls," by amending certain provisions of the special height control district for the Benjamin Franklin Parkway and by making certain technical changes, all under certain terms and conditions.
At this time, the Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President and members of the committee, before you today, we 4 3/5/07 - RULES - BILL 070051 have a bill. This is essentially an amendment to an earlier version of the Parkway height control bills that we introduced last year. During the course of the analysis, working with the Planning Commission, we realized that there was a small on the southern perimeter of the Parkway height controls bill that was left out inadvertently. This particular bill will essentially square off that targeted area. As a result of that, it will give us an opportunity to continue the discussion with the City Planning Commission and any potential developers in developing an area that's done in the appropriate way to be consistent with the needs and the benefits of that particular community. There are currently several parcels in this area that have unrestricted height controls, and the concern is that there may be some 5 3/5/07 - RULES - BILL 070051 inappropriate use for those locations. So we're essentially amending the existing height controls bill to incorporate the 125 height limit to make sure that if anything moves forward in that targeted area, there's adequate input from that community and the residents in the sounding area. Thank you.
Thank you. Good morning. Please identify yourself for the record and proceed with your testimony.
Good morning, Madam President and members of the Rules Committee. My name is William Kramer. I am the senior zoning planner in the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 070051, which was introduced by Councilmember Clarke on February 1st 6 3/5/07 - RULES - BILL 070051 of 2007. This bill amends Section-14-1611 of the Zoning Code by amending the boundaries of the Benjamin Franklin Parkway Controls District to include the area bounded by the Schuylkill River, John F. Kennedy Boulevard, North 23rd Street, Arch Street, North 22nd Street, Walden Street, North 21st Street, Cuthbert Street, north 18th Street, Vine Street, Franklin Town Boulevard, North 17th Street, Brandywine Street, North 21st Street, Fairmount Avenue, North 22nd Street, and Aspen Street following a line extending from the center line of Aspen Street west to the Schuylkill River. In this area, a height limit of 125 feet for all newly-erected buildings has been created. While this bill has not been formally presented to the City Planning for consideration, the Commission staff believes that this is a minor amendment 7 3/5/07 - RULES - BILL 070051 to an existing control. We further believe that the control needs to remain in place while a more permanent means of addressing the issues raised can be finalized. To that end, the City Planning staff will continue to work with the District Councilperson's office. I would be happy to answer any questions of the committee. Thank you.
Thank you very much. Are there any questions from members of the committee? The Chair recognizes Councilman Clarke.
Thank you, Madam President. I'd just like to thank Mr. Kramer and members of the Planning Commission for working with us to get a permanent solution. As he indicated in his testimony, this is an interim 8 3/5/07 - RULES - BILL 070051 strategy. We hope very shortly on the northern end to present a remapping ordinance for the northern side, which we think would be appropriate based on the input that we've gotten from the residents and the community organizations on the upper end. It's my understanding that the Planning Commission will also be work with the Logan Square community to develop a long-term planning initiative, so we look forward to continuing to participate in that. And I just want to thank you all for the work that you've done to date.
Thank you very much. Are there any other questions or comments from members of the committee? (No further questions or 9 3/5/07 - RULES - BILL 070051 comments.)
I would like the record to reflect to my immediate left is Councilman Greenlee; to my extreme right is Councilwoman Reynolds-Brown, Councilwoman Miller, and Councilman Clarke. Do we have anyone that would like to testify? Please approach the witness table, sir. Please approach the witness table. (Witnessed come forward.)
Good morning and welcome. Please identify yourself for the record.
Good morning, Madam President and honorable Councilmembers. My name is Mort Silverman. I am president of the Board of Directors of Kennedy House, which is located at 1901 JFK Boulevard. Thank you for allowing me to testify this morning on behalf of 10 3/5/07 - RULES - BILL 070051 Kennedy House. Bill 060292-A was introduced by Councilman Clarke and passed by City Council on December 14, 2006, to provide the residents of the neighborhoods surrounding the Benjamin Franklin Parkway -- namely Logan Square, Spring Garden, and Fairmount -- with a say in any large development that might be proposed through the zoning process. This fix was paramount in light of what had recently been experienced in the way of irresponsible, aggressive high-rise development without regard to community input. Unfortunately, the area north of Kennedy House was not included in that plan. When we discussed this, we collected over 500 signatures on petitions, petitions which called for the amendment of 060292-A to include the area north of Kennedy House, copies of which have been presented to you 11 3/5/07 - RULES - BILL 070051 this morning. Councilman Clarke was also kind enough to attend a community meeting at the Kennedy House at which time we pleaded our case to him. As a result, Councilman Clarke, on February 1st, introduced Bill 070051 in order to revise the Benjamin Franklin Parkway special height control district to complete the circle of protection. The Logan Square Neighborhood Association has passed a resolution in support of amending 060292-A to include the area north of Kennedy House, and Beyers Charter School has submitted a letter dated February 20, 2007, in support of this bill, copies of which have been sent to the members of the Rules Committee. We urge you to support the passage of this bill. Without it, there would be a negative impact on the quality of our lives and a grand esplanade on the Parkway. 12 3/5/07 - RULES - BILL 070051 The north side of Kennedy House is situated on Cuthbert Street, which is a very narrow street; it is only feet wide. 6 The footprint of any 7 development on that site, which is 8 higher than what this bill would allow, 9 would put one side of Kennedy House 10 into total darkness. There would be 11 absolutely no sunlight or air for the 12 residents living on the north side. 13 Many of our residents are 14 elderly, disabled, and on a fixed 15 income. Looking out of their window is sometimes the only light of day that they see. Any development on that site just north of Kennedy House, which is higher than what this bill would allow, will also have an adverse effect on Logan Square, one of the most beautiful and charming places in our city. That development would literally cast its shadow over Swan Fountain. Until the City has a coherent 13 3/5/07 - RULES - BILL 070051 long-range plan for development and an updated zoning code that accommodates all of its citizens, our residents, as well as the Parkway and Logan Square, need the protection of a height restriction ordinance north of Kennedy House and the Sterling House to the east. Our residents are only asking for the same protection that was afforded the rest of our neighborhood, and we respectfully request your support of Bill 070051. Thank you.
Thank you very much. Are you going to testify, sir?
Well, only for the record, Council President Verna. I'm Rob Stuart. I'm the president of Logan Square Neighborhood Association, and I'm just here to support the Councilman in this endeavor and the Kennedy House residents that 14 3/5/07 - RULES - BILL 070051 are here. We feel that this is. While not the ideal way to go about putting -- doing sustainable zoning and planning for our community, at this point, it's the approach that gets us what we need; and that is, into dialogue with developers. 'Cause I think, as we saw in the most recent case, once developers and neighbors sit down, we can -- we work out better development. When we don't have a seat at the table, when development is just thrust upon us, I think everybody loses. So we believe in this bill and urge its passage.
Thank you very much. Are there any questions from members of the committee? The Chair recognizes Councilman Clarke.
Thank you, 15 3/5/07 - RULES - BILL 070051 Madam President. Madam President, I'd just like to thank both of these gentlemen, the leaders Mr. Silverman and Mr. Stuart, for their leadership. And I want to thank all of the residents. We had a very, very fruitful meeting at the Kennedy House. It was quite interesting. When I walked in the room, it was a little rough early on in the process, but at the end of the meeting, we actually had some fun. I was actually given an opportunity to view a couple of the residents' apartments, and they were homes that were really wonderful. So I just want to thank you all for your support and your participation in this process. And hopefully, we'll be able to get this done in short order for you. Thank you.
16 3/5/07 - RULES - BILL 070051 Thank you. Any other questions or comments from members of the committee? (No further questions or comments.)
I would like the record to reflect that there are approximately 50 residents that are present at the hearing, and I certainly want to thank you all for coming in; we appreciate that. Are you trying to indicate, Mr. Toy, that you want to speak?
Please approach the witness table. (Witness comes forward.)
Good morning. If you would like (handing in testimony). Good morning, Madam President 17 3/5/07 - RULES - BILL 070051 and Councilmen and women. I am Andrew Toy, a resident of Logan Square and a board member of the Logan Square Neighborhood Association as well as being the president of the Chinatown CDC. I am here in support of the proposed ordinance that will complete the 125-foot height limitation that was passed a few months ago. This ordinance will help to protect the community from unwanted out-of-scale projects and developers who do not respect the community and the need for us to all work together. This is an important step in ensuring community input and participation in important decisions affecting our community. We have recently been witness to what happens when communities are not part of the process in the Chinatown stadium struggle, in which I was one of the leaders, and now in the casino proposals. This is 18 3/5/07 - RULES - BILL 070051 unacceptable. With the City's assistance, we are finally moving towards a comprehensive neighborhood plan for the Logan Square neighborhood, which will serve as a road map for future development. As a member of our long-range planing committee that is leading this effort, I realize it may not be completed until later this year. Therefore, it is imperative that we have this height restriction in place now so that another River City project is not just thrust upon us. Thank you. That's my only comments.
Any comments or questions for Mr. Toy? (No response.) 19 3/5/07 - RULES - BILL 070051
Thank you very much for coming in to testify. Is there anyone else like to testify? (No response.)
No 9 one else would like to testify? That would conclude our public hearing. * * * 20 3/5/07 RULES PUBLIC MEETING - BILL 070051
We will now go into our public meeting, and the Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I move that Bill No. 070051 be reported out of committee with a favorable recommendation and a request for a rules suspension as to allow reading at the next session of Council. (Motion seconded.)
It has been moved and seconded that Bill 17 No. 070051 be reported out of committee with a favorable recommendation and further that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor, will please say aye. Those opposed? The ayes have it, and the 21 3/5/07 RULES PUBLIC MEETING - BILL 070051 motion carries. Thank you all very much. And, again, I think you all for coming in. (Applause.) (Proceedings end at 10:50 a.m.) 22 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Rules are contained fully and accurately in the stenographic notes taken by me on Monday, March 5, 2007, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)