COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 4, 2008 9:10 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER BILL 080837 - An ordinance amending Section 14 14-304 of The Philadelphia Code, entitled "'C-3' Commercial District," by amending the floor area requirements for hotels... BILL 080874 - An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Tacony Street... BILL 080877 - An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue... V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, everyone. This is a public hearing of the Rules Committee. I would ask Mr. McPherson to please read the title of Bill No. 080837. MR. McPHERSON: An ordinance 8 amending Section 14-304 of The Philadelphia Code, entitled "'C-3' Commercial District," by amending the floor area requirements for hotels, all under certain terms and conditions. (Witness approached witness table.)
Good morning, Council President Verna and members of the Rules Committee. I'm William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080837, which was introduced into City Council October 30, 2008. 3 12/4/08 - RULES - BILL 080837, etc. The bill will change the floor area ratio, FAR, for hotels that are located in the "C-3" Commercial District from a permitted floor area ratio of 450 percent of the area of the lot to a permitted floor area ratio of 550 percent of the area of the lot. The floor area ratio is determined by dividing the gross floor area of all buildings on the lot by the area of the lot. The net effect is that hotel developers will be able to build hotels with more density than what was previously permitted. This bill will, in effect, make hotels a commercial use in a "C-3" Commercial District rather than a residential use. While this idea is not objectionable on its face, most of the planning world does consider hotels a residential type use. Additionally, while this bill 24 was written with new construction in mind, the passage of this bill as written 4 12/4/08 - RULES - BILL 080837, etc. would permit any existing hotel to move up to an FAR of 550 percent. Given that this bill would retroactively permit additions on any existing hotel located within the "C-3" Commercial District and that we have not had a chance to study the impacts of such a change, the staff recommends that this bill be amended with the following changes: It would be amended to be -- Section 14-304(4)(a) would be proposed to read, "The gross floor area, as defined in 14-102(57), of any building containing three or more families, except for the construction of new hotels, shall not exceed 450 percent of the area of the lot." Section 14-304(4)(b) is proposed to read, "The gross floor area, as defined in 14-102(57), of any building containing less than three families and the construction of new hotels, shall not exceed 550 percent of the area of the lot." 5 12/4/08 - RULES - BILL 080837, etc. The Planning Commission staff has worked with Councilman DiCicco's office with regard to these amendments, and the City Planning Commission at its meeting of November 18, 2008 recommended that Bill No. 080837 be approved with the proposed amendments. I have previously submitted a copy of that amendment to the Clerk. That is the conclusion of my testimony. I'd be happy to answer any questions at this time.
Are there any questions from members of the Committee? The Chair recognizes Councilman Clarke.
Thank you, Madam President. The area, this is the "C-3" Commercial District?
Which encompasses what's on this map here? I 6 12/4/08 - RULES - BILL 080837, etc. have a map here that says Proposed Zoning, Map B3.
Oh, I'm sorry. I'm clearly out of the loop. Where is the area proposed?
This is not for any specific area. This is a classification change within the Code under "C-3." So any "C-3" anywhere in the City, the way the Code is currently constructed, "C-3" allows for either 450 percent of the area of the lot or 550 percent of the area of the lot to be developed with different uses. Essentially, if you were considered a residential use, it was 450 percent of the lot. If it was considered an office building, you were allowed 550 percent of the lot. The change occurred because people were considering hotels as a commercial use and then they had to make 7 12/4/08 - RULES - BILL 080837, etc. this language change so that it would be consistent within the Code, so that a hotel could have 550 percent of the lot as opposed to 450.
Thank you. Any other questions from members of the Committee? (No response.)
Seeing none, is there anyone else to testify? (No response.)
I would ask Mr. McPherson to please read the title of Bill No. 080874. MR. McPHERSON: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of 8 12/4/08 - RULES - BILL 080837, etc. certain areas of land located within an area bounded by Tacony Street, Homestead Street, Milnor Street extended and Dark Run Lane.
Good morning, Council President Verna and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080874, which was introduced into City Council November 13, 2008. Bill No. 080874 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Tacony Street, Homestead Street, Milnor Street extended and Dark Run Lane. This bill will change the zoning designations of a property zoned "G-2" General Industrial to "LR" Unlimited Industrial at the current 9 12/4/08 - RULES - BILL 080837, etc. Newman and Company location. Newman and Company is requesting the zoning change so that they will be able to expand their paper recycling facility, which provides over 60,000 tons of paperboard each year. Additionally, this bill will allow the property to match the other industrial properties along the river by being the "LR" Least Restricted Industrial designation. The City Planning Commission is scheduled to consider Bill No. 080874 at its meeting of December 16, 2008. This bill will be presented with a staff recommendation of approval. That is the conclusion of my testimony. I'd be happy to answer any questions of the Committee.
Thank you. Mr. Kramer, how close to the Delaware River is this site, and can you tell us what are the uses of the adjacent properties? 10 12/4/08 - RULES - BILL 080837, etc.
This is right about 500 or so feet from the Delaware River. It's between -- Tacony Street runs next to 95. So it's between 95 and the river. Adjacent to this is Dietz and Watson's, the meat practicing folks. Newman Paper is adjacent to them. And this is a piece of property that was transferred from the Fish and Game Commission to Newman Properties, and what they're trying to do is make it consistent with the rest of Newman Paper so that they have one zoning classification on their plant and property. It is, as I understand it, a parking lot at this point, so it may be an expansion of the business, but right at the moment it's, I believe, a parking lot.
Do you know if there will be more jobs created if we grant this? 11 12/4/08 - RULES - BILL 080837, etc.
Any questions from members of the Committee? (No response.)
Okay. Anyone else to testify on this bill? (No response.)
Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 14 080877. MR. McPHERSON: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain ares of land located within an area bounded by Girard Avenue, Front Street, Spring Garden Street and 6th Street.
Good morning, Council President Verna and members of 12 12/4/08 - RULES - BILL 080837, etc. the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080877, which was introduced into City Council on November 13, 2008. Bill No. 080877 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Girard Avenue, Front Street, Spring Garden Street and 6th Street. This bill addresses concerns brought to the staff of the Commission and to Councilperson DiCicco's office. These concerns were based on the desire to control the density within the community by limiting the ability of buildings to be used in a multi-family capacity. This bill will change the zoning designations of properties zoned "R-10" Residential to an "R-10A" Residential designation throughout the Northern Liberties neighborhood. These 13 12/4/08 - RULES - BILL 080837, etc. zoning designations are exactly the same in every aspect, except that under the "R-10A" Residential classification, the use of the structure for multi-family uses is not permitted. The Philadelphia City Planning Commission is scheduled to consider Bill 9 No. 080877 at its meeting of December 16, 2008. This bill will be presented with a staff recommendation of approval. I have also submitted a technical amendment to the maps that were requested by the Law Department. There is a -- one of the blocks had a classification missing and they wanted us to make certain that it was clear, so we have corrected that and submitted it to the Clerk for distribution earlier this morning. That is the conclusion of my testimony. I'd be happy to answer any questions you may have.
The Chair recognizes Councilman Clarke. 14 12/4/08 - RULES - BILL 080837, etc.
Thank you, Madam President. I think my earlier question is now appropriate. On this amendment, you have a map that's attached, and the map is not consistent with the proposed bill. The map that you have here is actually within the Fifth Councilmanic District and not the First Councilmanic District.
The map that we submitted is but one of four in this particular pattern. The entire Northern Liberties area -- as I understand this, this has been going on for some time, and the only changes that were made to the area -- and it is a fairly substantial one -- were to change from the "R-10" classification to "10A" where that existed. In this particular map on particular B3, the only change occurred at Brown Street at 5th Street, and there was a block that the classification was missing on the original map that was 15 12/4/08 - RULES - BILL 080837, etc. submitted with the bill, and this proposed amendment changes it to "R-10A." This was done at the request of the Northern Liberties Civic Association. And I think that both, Councilman, don't you split this neighborhood? I think that may be part of the problem.
Well, yeah, and the map here is actually the portion that I represent.
I wouldn't be surprised that it does. When we were dealing with this --
I guess I'm saying, I don't know anything about this, I guess to cut to the chase. COUNCILMAN DiCICCO: Madam Chair?
Yes. COUNCILMAN DiCICCO: Mr. Kramer, when was the request made; do you remember? It's a couple years now?
It's been several years. 16 12/4/08 - RULES - BILL 080837, etc. COUNCILMAN DiCICCO: Several years?
Yes, because I was still doing remappings at the time this originally started, and there was a number of different concerns trying to get in touch with the community and define boundaries. COUNCILMAN DiCICCO: Around 2000?
About then, yes. COUNCILMAN DiCICCO: I think that's maybe the problem, Councilman Clarke, is, when this request was made, the boundaries in my district went further west. And I know we were working on this, not unlike other communities where they want to get some control over development. It's been that long. So when I looked at that map, I thought it was just your portion of your district.
Well, I'm not saying I'm not supportive of the proposed changes. I'm just unaware of 17 12/4/08 - RULES - BILL 080837, etc. what they are. COUNCILMAN DiCICCO: Understood.
So before the passage of the bill, if someone can just kind of brief me and get me up to snuff, make sure that the folks that I represent in this portion of Northern Liberties are on board with the proposed changes.
I just don't want something changed and I catch the brunt because I now represent them. COUNCILMAN DiCICCO: If you'd like, if we vote it out favorably, I won't do the suspension, because we have another week, and if you're still not clear on what you need to do, the Planning Commission's meeting is -- 18 12/4/08 - RULES - BILL 080837, etc.
Is the 16th. COUNCILMAN DiCICCO: Is the 16th. So I don't know if there's an urgency to get this done before we come back.
Either way I'm okay. I just need to know what it is. COUNCILMAN DiCICCO: That's what it was, it was done prior to reapportionment.
Any further questions from members of the Committee? (No response.)
Seeing none, this will conclude the public hearing. Mr. Kramer?
I'm sorry. With the other two bills, they 19 12/4/08 - RULES - BILL 080837, etc. have not gone before the City Planning Commission yet, have they?
That is correct. Two of these bills, 080877 and 080874, have not been considered by the Planning Commission at this time. They are scheduled for the next meeting, which is the 16th of December. The likelihood is, as I understand the Charter revision, if it hasn't been the 30 days since introduction, the Commission has to make a recommendation. We've put it on the next schedule that we had, which is, unfortunately, scheduled after your last hearing. So it may be that it may need to be held until you come back in January, but that's -- the Law Department would have to make that ruling.
That has been considered by the Commission and approved with the recommended amendment. That was considered at our November 18th meeting. 20 12/4/08 - RULES - BILL 080837, etc.
And did I hear you ask for a suspension of the rules?
You didn't hear me ask for one, but if the Councilman would like me to do so, I'd be happy to accommodate that.
Oh, good. Okay. All right. This will conclude our public hearing. We will now go into our public meeting. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move for the approval of the amendment to Bill No. 080837. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)
Those 21 12/4/08 - RULES - BILL 080837, etc. opposed? (No response.)
The ayes have it. The motion carries. Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of Bill No. 080837, as amended, and that the rules of Council be suspended to permit first reading at our next regular session of City Council. (Duly seconded.)
It has been moved and seconded that Bill No. 16 080837 be reported out of Committee with a favorable recommendation, as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)
Those opposed? (No response.) 22 12/4/08 - RULES - BILL 080837, etc.
The ayes have it and the motion carries. The Chair recognizes Councilman Greenlee regarding Bill No. 080874.
Thank you, Madam President. I move that Bill 8 No. 080874 be reported out of this Committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Bill No. 14 080874 be reported out of Committee with a favorable recommendation. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilman DiCicco regarding Bill No. 25 080877. 23 12/4/08 - RULES - BILL 080837, etc. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 4 080877 --
I'm sorry, Councilman. I believe there's an amendment that has to be approved. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the amendment to Bill No. 080877 be approved. (Duly seconded.)
It has been moved and seconded that the amendment as proposed by Mr. Kramer be approved. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that Bill No. 24 12/4/08 - RULES - BILL 080837, etc. 080877, as amended, be reported out of this Committee with a favorable recommendation and that the rules --
Mr. Kramer, Bill No. 080877, was that already approved by the City Planning Commission? I thought I understood you to say that a hearing will be held on the 16th.
That is correct, it is being considered by the Commission on the 16th.
That's what I thought I understood. COUNCILMAN DiCICCO: Okay. (Duly seconded.)
It has been moved and seconded that Bill No. 20 080877 be reported out of Committee with a favorable recommendation, as amended. All in favor will say aye. (Aye.)
Those opposed? 25 12/4/08 - RULES - BILL 080837, etc. (No response.)
The ayes have it and the motion carries. This concludes our public hearing and our public meeting. Thank you very much. (Committee on Rules adjourned at 9:30 a.m.) - - - CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on December 4, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (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.)