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Committee Hearing, September 27, 2011

Philadelphia City Council Committee HearingsSep 27, 2011

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COUNCIL OF THE CITY OF PHILADELPHIA1 COMMITTEE OF THE WHOLE2 - - -3 Room 400, City Hall Philadelphia, Pennsylvania4 Tuesday, September 27, 2011, 10:30 a.m. - - -5 6 7 RESOLUTION 110459 - Authorizing the Committee of the Whole to hold public hearings to review8 the Zoning Code proposals for the Zoning Code Commission.9 10 11 12 COUNCILMEMBERS PRESENT: 13 Anna C. Verna, Chair Jannie C. Blackwell14 Darrell L. Clarke Frank DiCicco15 Bill Green William K. Greenlee16 Curtis Jones, Jr. James F. Kenney17 Donna Reed Miller Blondell Reynolds-Brown18 Maria Quiñones-Sanchez Marian B. Tasco19 20 - - -21 22 23 24 2 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591

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Mr. Greenberger

Good morning,25 3 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 Madam President and members of Council.2 My name's Alan Greenberger; I'm Deputy3 Mayor for Economic Development. I'm4 joined by Eva Gladstein to my left, who's5 the Executive Director of the Zoning Code6 Commission.7 And there are members of the8 Zoning Code Commission here. If you could9 just stand for a second and be identified.10 (Zoning Code Commission members11 who are present stand.)12 (Applause.)13

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Mr. Greenberger

Thank you very14 much.15 I'll be mercifully brief.16 At the September 14th City17 Council hearing on Resolution 110459,18 members of City Council asked us to19 respond to certain proposals they had made20 at one at or prior to that meeting. The21 Zoning Code Commission's Work Plan22 committee met twice since then to review a23 list of fifteen such recommendations and24 create preliminary recommendations for the25 4 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 full ZCC2 While the ZCC has not yet taken3 action on these preliminary4 recommendations, they were sent for review5 to each ZCC member over the last few days,6 and we requested that any concerns or7 comments be forwarded to us.8 It's our intention to take these9 preliminary recommendations to the October10 12th meeting of the ZCC for review and11 action. Any subsequent recommendations12 that we receive from City Council will be13 reviewed either at the October 12th or14 later ZCC meetings.15 I'd like now to summarize the16 response. We have copies available of the17 five-page for members of Council and the18 Clerk. Of the fifteen recommendations --19 and this is in summary form -- nine were20 fully accepted, three were partially21 accepted, and one is scheduled for review22 later this week. One with regard to the23 timing of remapping was referred to the24 Planning Commission, and the one25 5 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 concerning methadone clinics raised legal2 issues that are of concern to the Zoning3 Code Commission.4 The ZCC thanks members of City5 Council for sharing their concerns with6 the Commission and for providing this7 opportunity to suggest each of the8 recommendations. The ZCC's is dedicated9 to continuing its review of these issues10 and to working with Councilpersons to11 improve on the current Zoning Code12 proposals.13 We look forward to seeing City14 Council's formal recommendations sent15 through a Council Resolution on or about16 or around October 20th. This will provide17 the Zoning Code Commission with enough18 time to send its final report to City19 Council in early November and enable City20 Council to take action on the new code in21 this session.22 We'll be happy to answer any23 questions that you have.24

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Councilman Jones

I thought you19 might be disappointed, Madam President.20 So I just want to say that a lot21 of the issues that were raised earlier22 about zoning overlays that protected open23 space were addressed. I was comforted by24 the fact that some of the trouble25 7 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 businesses and knowing the difference2 between a tavern in a neighborhood and a3 trouble bar are still going to be the4 domain of discussion by the ZBA and by5 input from community members, neighbors,6 and, God forbid, elected officials.7 So I am comforted in knowing8 that, and I want to applaud you and the9 Zoning Board for trying to codify and save10 the environment by reducing the amount of11 trees that have to die in order to12 understand this Zoning Code, so I want to13 thank you for that.14 Thank you, Madam President.15

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Councilman Clarke

Bottom line:15 If we were to apply the change in the16 Zoning Code in terms of various categories17 and elimination of certain in some areas18 and maybe adding certain over -- I know we19 don't like to use the term "overlays" but20 zoning districts.21 Am I now in a position --22 because I now -- all of us have to start23 making decisions about what we do. Would24 we be in a position to just essentially do25 9 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 an overlay so if somebody from 29th and2 Thompson says, "Councilman, you know,3 how's this going to affect the4 neighborhood that I live in?" 'Cause, as5 you know, everything's local. People are6 like, "How's this going to change? Will7 that corner store's that's now -- in order8 to turn into a stop-and-go, will it have9 to go to Zoning, or will it be an as-of-10 right?" You know, those type of things.11 How am I going to be in a12 position to now adequately and13 intelligently respond to the constituents14 who will now start paying attention to15 this once we're at a point getting ready16 to pass it?17

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Mr. Greenberger

Two -- a18 two-part answer.19 One is that the -- fundamentally20 the restrictions that exist now continue21 to exist through the period of replanning22 and remapping. There may be -- there will23 be opportunities during that phase of the24 work to reconsider any issues that come25 10 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 up.2 And then, of course, the other3 part of the answer is that once the code4 is in place, Council, per Charter, retains5 its rights to write new zoning ordinances6 for conditions that may be come up that7 weren't anticipated either by way of8 amending the document that's approved or9 by making further changes that we simply10 didn't anticipate.11 So those rights are always12 there.13

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Mr. Greenberger

You could. I23 mean, it took 30, 50 years to get to where24 we are, so it's a slow process.25 11 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 But, I mean, our -- certainly2 our hope is that we can use the rule book3 that, hopefully, Council will pass as the4 tool to make the adjustments as we find5 them needed. And that might be a6 remapping question that comes up as we7 look at land uses in each district.8 But, you know, you can't9 anticipate everything. And so, there's10 the possibility that something comes up, a11 new condition comes up that nobody saw12 coming that may need legislative13 adjustment. To the extent that it can be14 handled within the structure that's been15 developed, that's what we'll promote every16 time.17 But if there's a thing that18 comes up where there's actually an overlay19 needed then, you know, we'll deal with it.20 We'll talk about it and see if that's21 what's needed, then that's what's needed.22 That right always exists, and needs to23 exist, I think.24

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Councilman Clarke

Yeah, I20 understand, but it's just -- and I'm not21 asking you to -- I'm basically asking you22 to apply the proposed zoning changes to a23 map of a district that I represent because24 I know I'm going to have to ask -- to25 14 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 answer a lot of questions, and I'm hearing2 different things from the people in the3 district that are paying significant4 attention to this, and most of it good,5 but some of it still uncertain in terms of6 the actual application the new code --7

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Ms. Gladstein

There were a15 number of overlays that cover your16 district that are within what we're now17 calling "the Center City District18 overlay." And for the most part those are19 retained; you know, obviously the height20 limit along the Parkway and the other21 Parkway controls.22 We did change the controls23 around form and massing and replaced the24 existed controls with a new one called25 17 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 "sky plane." Some of the use controls are2 fewer, but there still are some use3 controls within the Center City District.4 There are also overlays in your5 district on North Front Street, I believe,6 on North Broad and on West Girard, some7 neighborhoods that may be outside of the8 Center City overlay.9 And in general, what we're10 doing, if an area had an overlay that was11 intended to support it as a neighborhood12 commercial area, we're recommending in the13 ordinance that we send to City Council,14 and you have a draft of that already, that15 that become a new district that we're16 calling "CMX-2.5" --17

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Ms. Gladstein

-- which has19 greater density than C-2 but less density20 than C-3 but has more restricted uses than21 C-2, 'cause it's designed to be more -- to22 prevent parking in front, for example, of23 stores and having buildings be built to24 the property line.25 18 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 So we're recommending that in2 areas that are in -- outside of Center3 City that are covered by an existing4 overlay in the conversion map actually5 become CMX-2.5.6 And that might address some of7 your concerns in those areas, or they may8 not. There may be other areas that you9 would like to convert to CMX-2.5, and that10 could also be done through the ordinance.11

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Councilman Kenney

Thank you,17 Madam President. I just want to make a18 comment more than ask a question.19 And as an at-large member of20 Council, I know that the District Council21 people either that are there now or are22 coming in are -- have much more of an23 intense relationship with the Zoning Code24 than we do generally, but we do have25 19 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 interest and do get involved.2 I think that the Commission's3 done a terrific job over almost, I guess,4 four years now?5

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Councilman Kenney

But I try to13 follow what you're doing, and you're never14 going to come up with a perfect document.15 And it occurred to me -- to make an16 analogy of what you're doing, and it seems17 like a simplistic residential analogy, but18 it's almost like, after 50 years, you19 finally cleaned out your basement of20 everything that you've accumulated in that21 time; and then you're going to spend the22 next 50 years putting stuff back into the23 basement again.24 But in the interim, before it25 20 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 gets all crowded up the way it is now,2 there's going to be more clarity and more3 understanding and more direct ability to4 understand it.5 Now, ten years from now, fifteen6 years from now, neighborhoods may change,7 as I was just talking with Councilman8 DiCicco. Neighborhoods may have different9 dynamics and different needs. And then,10 as Councilman Clarke talking about, you11 start putting stuff in to protect specific12 issues.13 But I think the way to go right14 now, from what I've learned and what I've15 heard to, is to kind of make whatever16 changes Councilmembers have addressed --17 have raised in this particular interim18 period but pass this thing, 'cause19 Councilman DiCicco said, and I agree, if20 we go beyond this term, this is going to21 die.22 And I do think that you've done23 a terrific job, and I want to commend all24 of the commissioners for their volunteer25 21 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 efforts over all this period of time.2 And I'm willing to take a little3 minor leap of faith -- I don't think it's4 that big of a leap, frankly -- to get this5 done. So we'll be looking forward to6 working with minor solid document that7 will make things better for development8 and neighborhood concerns going into the9 future.10 So thank you.11

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Councilman Green

Thank you,25 23 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 Madam Chair.2 I certainly share Councilman3 Kenney's and the President's sentiments4 with respect to the work of the Zoning5 Code Commission and feel like in the last6 week and over the last month, we've made7 significant progress in terms of8 eliminating issues that could prevent the9 enactment of a new zoning code hopefully10 this year.11 Just -- I'd like to sort of12 engage in a little colloquy for the record13 about a couple of things.14 I guess the first is, I think15 where we're headed with this is if -- with16 the remaining issues on the table, some of17 which you didn't address or some of which18 the ZCC is not willing to accept at this19 point, I think where I am is that we can20 get to 99.5 percent of what was sent over21 to us by putting those -- by passing a22 code without addressing those issues, or23 dealing with it by -- through a24 prohibition or some other exception and25 24 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 just getting through the vast majority of2 the changes which are the things that are3 going to move Philadelphia to the pareto4 optimal frontier.5 Like, for example, we're not6 planning a whole lot of development in7 parks, so we can put that issue aside and8 deal with it perhaps later this year or9 next year or -- and other issues perhaps10 like methadone clinics and other things.11 And I just wanted to have for12 the record your thoughts about that as we13 will, I guess, over the next 20 or 30 days14 engage in a process that may narrow our15 differences even further so that we can16 get this done.17

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Councilwoman Blackwell

Thank7 you. Thank you, Madam President.8 We have been very pleased with9 the progress of these hearings and the10 progress of zoning hearings in my area.11 They were well attended. And, in fact, I12 was surprised when some questions came13 from various community groups who have14 been involved in attending all of the15 meetings.16 I would like to submit two17 letters: One from Barry Grossbach, Chair18 of the Spruce Hill Zoning Committee,19 supporting the zoning changes; and another20 one from a tax accountant and a member of21 University City who talks about the -- who22 talks about the --23 (Audience member speaks out of24 turn.)25 26 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 (Council President Verna bangs2 gavel.)3

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Councilwoman Blackwell

-- who4 talks about the issues with regard to the5 zoning code that deal with the6 developer -- that deals with the7 residents/developer issues that evolve8 where they are concerned that the Zoning9 Code would reduce the amount of variances10 but certainly would not allow for11 notification by developers for changes and12 issues like height and other areas.13 So I'll make these available to14 Miss Gladstein and certainly to the Deputy15 Mayor for Neighborhood Development, and16 perhaps we can -- before we meet again,17 they can review these issues and deal with18 us on that.19

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Mr. Sklaroff

Yes. My name is20 Michael Sklaroff. I'm a lawyer and I'm21 the chair of the Development Workshop, and22 I come here to address one specific issue,23 and that issue is the status of the24 Philadelphia Historical Commission.25 28 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 I was -- I served along with2 Miss Leonard for a while on the Historic3 Commission for twelve years. And for five4 of those years, I was the chair of the5 Historic Commission.6 The modernization of the7 Historic Commission's procedures was one8 of eight points in the Development9 Workshop's proposal to make the new zoning10 code work for Philadelphia. We had eight11 points; the eighth point was the Historic12 Commission.13 I also would like to say that my14 other qualification, if any, is that for15 35 years, I have lived in the Fifth16 Councilmatic District, where we have been17 well represented.18 The Historic Commission is in19 the Zoning Code, and it is empowered under20 Section 14-2010 to administer the Historic21 Preservation ordinance. Its major powers22 are to designate as historic: building,23 sites, objects, and structures. That is24 pretty much a legislative power that has25 29 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 been delegated by this City Council to the2 Commission.3 Its other major power is an4 administrative power, and that is to5 review applications for alterations or6 demolition of historic structures,7 buildings, objects, and changes to sites.8 It is those administrative powers about9 which I would like to speak.10 When considering these11 applications for demolition or alteration,12 the Commission acts like a Zoning Board,13 but there are certain exceptions to its14 power, and they are important.15 The Commission's meetings are16 meetings; they're not hearings. There is17 no stenographic record, there's no sworn18 testimony. And as a re -- and a vote is19 taken. But appeals go not to the Court of20 Common Pleas, as with the Zoning Board of21 Adjustment, but to the Board of Licenses22 and Inspections Review.23 And the Commission, I think we24 all know, is made up of City25 30 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 representatives, including the including2 the designee of the Council President,3 designee of the Director of Commerce, and4 other City officials, and it's also made5 up of eight people who represent the6 community: architects, historical7 architects, historians, developer8 representatives, and, importantly,9 representatives of community groups.10 Over the years, the Commission,11 aided by an experienced staff, has12 demonstrated expertise and wise judgment13 in its decisions. It will -- and what14 we're proposing is that with a15 stenographic record, sworn testimony, and16 the formalities of the Zoning Board of17 Adjustment, the appeals from decisions of18 the board will no longer go to the Board19 of L&I Review but directly to the Court of20 Common Pleas.21 The Board of L&I Review is a22 broad-based board which decides questions23 of air-quality permits, waste water24 discharge permits, on-lot sewage disposal25 31 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 permits, Dumpster licenses, and gun2 licenses.3 It is not well equipped to4 review Historical Commission decisions; it5 is not trained in that area. And we6 believe it would be far more effective and7 bring the Historic Commission up to a8 modern standard if the Commission took9 testimony, heard sworn testimony, had a10 stenographic record, and appeals went11 directly to the Court of Common Pleas.12 This can be done by amendments13 to the current draft of the Zoning Code,14 which we advocate. And with regard to the15 specifics, we hope to have an opportunity16 on all the eight issues that the17 Development Workshop has presented to meet18 further with Eva Gladstein and members of19 the Zoning Code Commission.20 And we would love the support of21 this Council in modernizing the Historic22 Commission and its procedures.23 Thank you.24

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Ms. Milkman

Good morning. My17 name is Janet Milkman. I'm the Executive18 Director of the Delaware Valley Green19 Building Council. I'm also a resident of20 the Center City; I've lived here for 1521 years.22 But I'm here today on behalf of23 the Delaware Valley Green Building24 Council. We are a local chapter of the25 33 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 U.S. Green Building Council. Our mission2 is to support green building practices, to3 promote more liveable communities and4 neighborhoods.5 We have about 850 members in our6 region, about 450 of which live or work in7 Philadelphia and about 150 of which live8 in Philadelphia. And our members are9 construction managers, construction10 workers, builders, contractors,11 developers, architects, planners; everyone12 involved in any aspect of construction and13 construction products, including14 recycling.15 We have been working with the16 Zoning Code Commission throughout this17 process, and we strongly support the18 proposals that have come out of the19 Commission. We think that, from our20 perspective, approving this proposal is21 probably the best thing that the City22 could do, the best single step the City23 could take to make our neighborhoods more24 liveable.25 34 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 We've worked with the Commission2 on issues related to parking, related to3 trees, related to building practices. And4 we believe that the Commission has done a5 really wonderful job in pulling together a6 lot of very difficult issues, as7 Councilman Kenney said earlier, and just8 appreciate the chance to give our support9 in person to this really, really important10 step.11

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Ms. Okechukwu

Okay. Good20 morning. 11 COMMITTEE OF THE WHOLE - RES. 1104591 Logan CDC. Logan CDC is a community2 development corporation serving the Logan3 neighborhood of Philadelphia. 7 I oversee the North Broad Street8 Improvement Project, a comprehensive9 revitalization initiative of Logan's main10 commercial corridor along North Broad11 Street and Old York Road. 11 COMMITTEE OF THE WHOLE - RES. 1104591 current zoning code (indiscernible) small2 businesses from opening on our3 neighborhood commercial corridors,4 homeowners from fixing up their houses,5 and developers from building on vacant6 land. 11 COMMITTEE OF THE WHOLE - RES. 1104591 moving forward with the process to open a2 new business on the corridor. 11 COMMITTEE OF THE WHOLE - RES. 1104591 allows improvements to nonconforming2 properties. 8 In neighborhoods such as Logan that are9 located on the Broad Street line and are10 accessible by cars, trolleys, bus, train,11 and subway, this would have a major and12 positive impact. 15 The new code also gives the16 community a formal role in the development17 process. For the first time, there is a18 mandate that developers must notify and19 meet with community groups about large20 development projects planned in or21 adjacent to residential areas and projects22 that do not employment with the Zoning23 Code. 11 COMMITTEE OF THE WHOLE - RES. 2 Thank you for your time,3 attention, and interest. Community4 housing and economic-development5 initiatives are important vehicles for6 continued growth and stability in our7 neighborhoods. 10

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Ms. Shikomba

Okay. My name's3 Madeline Shikomba. I'm a member of North4 Washington Avenue Coalition and Concerned5 Citizens of Point Breeze. 10 We have serious reservations11 about the new Zoning Code. We recognize12 all of the lengthy work that the Zoning13 Code Commission has put into this, and we14 recognize the fact that the new code is --15 essentially has to be passed. 17 What I wish to do is concerning18 our recommendations. I also wish to thank19 Council President Verna, Councilwoman20 Jannie Blackwell, Councilperson Rizzo, and21 Mr. 11 COMMITTEE OF THE WHOLE - RES. 1104591 new Zoning Code. They allowed me to speak2 to them either personally or with their3 staff. 11 One is considering the fact that12 throughout Section 14-300, the Code13 states: Meeting the requirements --14 quote -- I quote from this. Meeting15 requirements of the resolutions16 Commission. Currently, Commission17 regulations have not been approved by the18 Council. Miss Eva Gladstein informed me19 that these regulations are currently being20 drafted by the Commission and are not21 enforced. 11 COMMITTEE OF THE WHOLE - RES. 1104591 without the approval of City Council in2 order to achieve a fait accomplis? 12 The Commission has no right to13 put these in there. 15 Also, concerning the RCOs. 17 It has muted or reduced the response of18 RCOs. 11 COMMITTEE OF THE WHOLE - RES. 1104591 quote, area. What I'm saying to you is2 that RCOs probably should be extended, not3 limited. We don't want them writing in4 there that they have become 501(c)(3)s or5 that their membership has to be a certain6 number. 7 RCOs should be any group who8 express interest in their community. 13 Also, I stress -- firmly stress14 the need of establishing a independent15 agency, a public advocate. This position16 is essential. 19 Why? 11 COMMITTEE OF THE WHOLE - RES. 1104591 understand it or have knowledge necessary2 to file an appeal, and most residents3 can't even afford a lawyer for the appeal4 process. 9 I am told that this should not10 be in the Zoning Code. If not in the11 Zoning Code, where? They want to push it12 aside. 13 We need this position established. And I14 cannot stress how much we should have it,15 okay? 16 Last, not least, I wish to plead17 that perhaps the Zoning Code should not be18 approved immediately, at least not today,19 and to take more time to review this20 document before rendering a decision. 11 COMMITTEE OF THE WHOLE - RES. 1104591 expedite its passage is far outweighed by2 the effect it will have on the communities3 and the citizens of Philadelphia. 6 Why so many? Because developers7 have put their projects on hold, waiting8 for approval of this code. 12 Once the code is passed in its present13 state, they can practically do what they14 want in our neighborhoods. 18 I, therefore, plead that you19 delay approval on this document. I also20 ask that you respectfully consider21 Councilperson Green's Zoning Code22 proposals. 11 COMMITTEE OF THE WHOLE - RES. 1104591 which they now want to turn over like2 federal -- the FDR Park to the3 Philadelphia Parking Authority so that4 they could set up parking regulations5 which will require people to pay to park6 in Fairmount Park. It's bad enough that7 poor people, it's the only outlet we have8 for entertainment, and now you want us to9 pay for that, too? 20 This matter will not die. It was approved21 by the citizens of Philadelphia, so how is22 it going to die? And about six new23 members? Well, they should be here. 11 COMMITTEE OF THE WHOLE - RES. 1104591 as Democrats. And not that they have to2 do that much politicking now to win in3 November. )7

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Ms. Larson

Thank you, Madam4 Chair. Thank you for -- City Council to5 let me speak. I am Magali Larson, and I6 am from the Woodland Terrace Homeowners7 Association, which is a part of the8 Crosstown Coalition, and we are pleased9 that -- with the reforms of the code10 because -- essentially because the old11 code was really intractable and difficult,12 as the witness before me has expressed.13 We would not like the new code to be as14 difficult.15 I am going to be very brief. I16 wanted to touch on the very passionate and17 inspiring issue of parking. And this is18 the parking in the spins, the former IDDs,19 the institutional districts that the new20 code also contemplates. I live in the21 vicinity of one, and I'm afraid that -- I22 know a lot of how they work -- actually of23 two on the master plans. There is no -- I24 want to preface what I have to say by25 51 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 saying that there's no community input, or2 very little, in the master plans of the3 institutional districts, so this is4 something they do -- or I shall call them5 "spins" from now on.6 Now, the new code would allow7 spins to establish -- my point is very8 simple. The new code would allow spins to9 establish parking 2,000 feet from their10 destination; whereas, now, the maximum11 distance is a thousand feet.12 Now, what does that mean? It13 means that the users will be parking that14 is allowed at the outer perimeter of the15 institutional district, at 12-and-a-half16 blocks from their destination. And, of17 course, the institutional district in some18 cases provide will shuttles, which is not19 necessarily something desirable, but will20 also charge rent for parking.21 And we foresee that the users22 will simply spill over the limits of the23 institutional district into the adjacent24 communities, with adverse effect for those25 52 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 residential neighborhoods that are there.2 So we ask you to please maintain3 the distance required for parking at 1,0004 feet of destination, which is an excellent5 distance for destinations to which you go6 once in a while. You know, parking to7 residents is in general calculated at 3008 feet; and parking to places of work, from9 4 to 600.10 So we think that this issue11 should be left as it is essentially12 because of the very adverse effects it13 could have on the adjacent residential14 neighborhood which, I repeat, have not15 much input in the master plan of spins. I16 have other concerns, but this is what I17 have come to tell you today.18 Thank you very much.19

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Mr. Toy

My name's Andrew Toy,6 and I'm here as a member of the7 Philadelphia Association of CDCs, or8 PACDC; also as a commissioner on the9 Zoning Code for three years. Thank you,10 Councilman Clarke. 18 The Commission was charged by19 the citizens of Philadelphia, who20 overwhelmingly voted for zoning reform in21 2007, to bring the Philadelphia Zoning22 Code into the 21st century. 11 COMMITTEE OF THE WHOLE - RES. 8 There is so much good in the new9 code that it would be a shame to fail to10 pass it this year and have to start anew11 with a new Council this year. The new12 code has literally taken years of work,13 combining the most open and engaging14 community input process with great15 expertise from Philadelphia and around the16 country. I personally attended more than17 a dozen meetings in communities across the18 City. 11 COMMITTEE OF THE WHOLE - RES. 1104591 Working with minority and2 neighborhood small businesses in3 commercial corridors across the City has4 given me a keen appreciation for the5 difficulties in starting and running a6 business, a successful small business in7 Philadelphia. I see this at the8 Enterprise Center and while I was at LISC,9 working to build neighborhood corridors as10 assets and anchors within their11 communities. 5 commercial mixed-use districts18 that creates a broader standard than the19 current one off overlays that currently20 exist for so many districts that makes it21 hard for small businesses, neighbors, and22 even zoning examiners to understand the23 nuances that exist in each place. 11 COMMITTEE OF THE WHOLE - RES. 4 While the new code is not5 perfect, nothing in life is. 15 Civic design review is a good16 example of this. 11 COMMITTEE OF THE WHOLE - RES. 6 And there's always the option of7 amending the new code, as we've done too8 often with the old code, when we recognize9 a loophole or an unintended consequence of10 the new code. 15 I would also caution that we do16 not go through remapping before adopting17 the new code. 19 In fact, the vast majority of properties20 will not need any changes once the new21 code is in place. 11 COMMITTEE OF THE WHOLE - RES. 1104591 well. 8 And, finally, just to reiterate9 what many are saying: Let's move the new10 code forward. 13

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Councilman Green

Thank you,20 Madam President.21 Thanks for your testimony, Andy.22 I appreciate it.23 Just for the record, a couple of24 things. I don't think you've heard anyone25 60 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 at least who's spoken today suggest that2 we not pass the code this year, so I'm not3 sure what your testimony is referring to.4 Also, with respect to mapping or5 not remapping, I put forward and6 Councilman O'Neill and others,7 Councilwoman Blondell Reynolds-Brown and8 other people have put forward9 recommendations, most of which have been10 accepted by the ZCC work plan group, which11 do not suggest a remapping before we adopt12 the code, and that hasn't been a13 suggestion since the minority report.14 And I just wanted to clarify15 that for you.16

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Mr. Neuber

Hi, how you doing?2 Madam President and members of Council,3 good morning. My name's Carl Neuber. I4 live at 5-1/2 River Road, and I want to5 express how zoning has not worked for our6 community.7 Years ago, the DEP came to the8 City and said, You need to put in sewer9 lines. So the City has to comply and put10 in sewer lines. So they tried to get11 community meetings together.12 The civic leader at the time was13 Tom Lansman. The residents of River Road14 put out a petition, four pages long, that15 said they do not want Tom Lansman to16 represent them. For some reason, City17 Planning, if you read as the pages go18 back, said to deal with the civic leader.19 So, basically, planning happened on River20 Road without really the people's input21 down there.22 I have a map here. The initial23 survey called for 42 hookups to the24 existing (indiscernible) down there. As25 62 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 zoning went along, they started denying2 people hookups, I included.3 When this came before you last4 year, Bill Kramer had stated there's5 winners and losers in this. I am actually6 one of the losers. I actually reside in7 one of the dwellings that is termed8 "non-residential." I pay my taxes. I am9 on the river side, where I reside like10 other people are on the river side, but11 they've been granted the right to continue12 to build and live there, but I have not13 been given that right.14 My goal is not to point fingers15 at anyone and call anyone names or16 anything else. I'm just asking: How17 could zoning go so wrong so bad?18 If you look at this map, which I19 have copies that you could run out there.20 It states that there was a community21 meeting 2/20/08. That meeting never22 happened. So in other words, this -- from23 what I understand, this is a master plan24 with an overlay. This is the first time25 63 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 it's been done. I don't think it's been2 done correctly.3 I'm hoping maybe you could help4 me take another look at this so I come in5 compliance. I don't want to be laying out6 there where I'm doing something against7 the law. I'm not looking at increasing,8 putting any more structures on the9 property; I'm not a developer. But I do10 want to have the ability to remove --11 there's all mobile homes down there -- to12 remove it and actually put a structure in13 that meets the flood plain regulation.14 But for some reason, I keep getting denied15 on it.16 I'm hoping -- I need your help.17 Could you please help me. I don't want to18 make this sound like an OJ -- case if the19 glove don't fit, you must acquit. But if20 it's there, please be fair. (Laughs.)21

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Councilman Jones

I want to2 thank Mr. Neuber for coming in and sharing3 with this body some of the intricacies on4 how zoning impacts people.5 In the case of River Road, I had6 a opportunity on several occasions to tour7 that area. It is unique. When I say8 "unique," it is very unique.9 And people have developed over10 time a lifestyle that -- where they are11 one with the river. Whenever there's a12 rain event on River Road, they know it and13 have adjusted a lifestyle to it.14 At the time, through almost a15 grandfathering, some people were on the16 hill side of River Road and others17 developed temporary locations on the river18 side of River Road.19 When we had to standardize20 that -- and some people don't view21 progress as other people do; it depends on22 where you sit and how long you've been23 sitting there. But $4 million worth of24 sewer improvements, in my mind, is25 65 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 progress.2 But one of the things -- and3 where Mr. Neuber was left out -- was4 people who had developed dwellings on the5 river, closest to the river, were not6 allowed to have connections because it was7 felt by some that it was dangerous to8 them. And in providing them that sewer9 connection, we were kind of allowing them10 a property right that many people,11 including the Department of Defense, the12 Environmental Protection Agency, and13 others thought should not be there. So in14 this case, someone who had made15 substantial improvements to their house is16 kind of left out.17 Now, you start getting terms18 that, you know, us in government are19 comfortable with, called "the greater20 good." Well, the greater good may be good21 to some, but in cases like this, it22 impedes on the quiet enjoyment of their23 property.24 So I understand what has25 66 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 happened. And somehow, these kinds of2 exceptions need to be figured out on a3 case-by-case basis.4 But I wanted to grab some light5 or try to shed some light to a lifestyle6 that people in the use of land sometimes7 have, and sometimes how they're impacted8 by overlays in zoning determinations9 similar to what we did on River Road.10 But I want to thank him for his11 continued -- that he did not move and made12 a taxpayer's commitment.13

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Mr. Neuber

Are other people19 that are on the road to the river side20 have been permitted to stay? And, for21 some reason, it's just my two that are not22 in there.23 Now, they claim that my property24 is listed as one address, and there's four25 67 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 different units there: two on the roadside2 and two on the riverside.3 Bill Kramer indicates it's not4 consistent with current zoning to have it5 that way, but I have maps here. If you6 look at the address number 27, there's one7 address, one tax parcel, and they have8 about eight structures on one parcel, the9 same as I.10 Apparently, some works for them,11 but it doesn't work for me. I need help,12 please.13

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Ms. Rashid

Good morning. Good7 morning, everyone. 13 The Nicetown CDC was started in14 1999 on a mission to establish community15 economic development initiatives to16 improve the quality of life for those who17 live, work, and play in Nicetown and the18 sounding communities. 11 COMMITTEE OF THE WHOLE - RES. 5 Since 2002, we have prioritized6 and incorporated citizen participation and7 support with planning and development8 through our neighborhood advisory9 committee program. 5 million low-income16 housing tax-credit development scheduled17 to complete construction this December 20,18 2011. This has leveraged Nicetown Court19 II, a $20 million low-income housing20 tax-credit project, which is utilizing21 NSP2 funds and is scheduled for completion22 in December 2012. 11 COMMITTEE OF THE WHOLE - RES. 2 Our engagement and experience3 with residents and those local businesses4 that has consistently indicated a need to5 establish clear zoning rules. The current6 code is often vague and difficult to7 understand, which has been a barrier for8 small businesses interested in opening on9 our commercial corridor. 19 In Philadelphia, 40 percent of20 zoning applicants need a variance, which21 is more than in any large city. 11 COMMITTEE OF THE WHOLE - RES. 1104591 what is allowed and what is prohibited. 15 Nicetown and adjacent16 communities are transitional and have17 concerted efforts to improve existing18 conditions and establish destination19 points to attract visitors and new20 businesses. 11 COMMITTEE OF THE WHOLE - RES. 5 neighborhood18 commercial mixed-use district will19 accommodate a mix of active, pedestrian-20 friendly retail and service uses in21 neighborhood commercial corridors. 11 COMMITTEE OF THE WHOLE - RES. 2 The new Zoning Code will ensure3 that the community has a formal role in4 the development process. 12 In Nicetown, that is a given,13 and most developers or those in need of14 zoning approved come to us, seeking15 community support. 11 COMMITTEE OF THE WHOLE - RES. 1104591 corridor plans. 5 That's my testimony. 8

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Council President Verna

22 MR. McKUEN: Yes. I'm Lawrence23 D. McKuen, 28 West Evergreen Avenue,24 Philadelphia, PA, 19118. 11 COMMITTEE OF THE WHOLE - RES. 1104591 architect, a professor of architecture at2 Drexel University. 18 We do have one item where we19 would like some change to be made, and20 that has to do with the civic review21 process. 11 COMMITTEE OF THE WHOLE - RES. 1104591 committed and experienced citizens,2 including dedicated design professionals3 who are skilled in handling reviews of4 applications for rezonings and zoning5 variances. 13 Our review process, which allows14 for citizen input at local publicly-held15 res of each development proposal, is a16 highly efficient and effective process17 commensurate with Chestnut Hill's status18 as a National Historic District within the19 Wissahickon Watershed. It is a system20 that, over the course of time, has proven21 to work for us. 11 COMMITTEE OF THE WHOLE - RES. 1104591 We look forward to many2 improvements inherent to the new3 regulations that will be a great benefit4 to the City. 11 COMMITTEE OF THE WHOLE - RES. 11 COMMITTEE OF THE WHOLE - RES. 1104591 The issue for us in the initial2 part of it is that applications come into3 the community office at any time during4 the month and then are scheduled to start5 at the Development Review Committee, which6 is on the third Tuesday of any given7 month. 20

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Councilman Green

And I'm just11 curious as to whether or not you've12 approached them with a proposal -- with13 this proposal and what the reaction was to14 it, because they have all -- as far as I15 know, they have basically thought that the16 45 days gave their groups enough time to17 go through the process that they normally18 and currently go through.19 MR. McKUEN: Well, we have20 actually attempted to -- and we have had21 several conversations -- since we're just22 on the other side of August and vacations,23 we haven't had a lot of time, since we've24 really seen that this was going to come25 81 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 before Council, to discuss it with them.2 I think our -- I think we've3 seen that recently, there are some issues4 that have required longer than a single5 cycle through our review process.6 The other thing I guess I'd say7 is that to the extent that our historic8 district is outside Center City, where I9 think a lot of the Crosstown Coalition10 neighborhoods are in Center City and right11 near there, conditions sometimes in our12 community are a little different than in13 the -- and the context is a little14 different than what is available or what15 is typical in Center City.16 I think -- as I said, given that17 applications come into our process and18 everything is regularly scheduled and19 regularly publicized in our newspaper so20 that everyone can come to attend, it's21 just possible in that 45-day period that,22 depending on when an application came in,23 it may -- we may, just to do the minimum24 process, be beyond the 45 days.25 82 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591

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Councilman Green

I understand2 your testimony. I just was curious as to3 whether or not the --4 (Indiscernible; parties talking5 over each other.)6 MR. McKUEN: The community7 association actually in this process acts8 in concert with the Business Association,9 the Historical Society, and the Friends of10 the Wissahickon on a as-needed basis. So11 it is a group that provides a12 comprehensive review of each development13 proposal, whether it's an institution, a14 business owner, or a resident.15

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Ms. Gladstein

Thank you. I'm21 not going to read it this minute.22 This suggestion was one that we23 actually thought about and considered well24 over a year ago because there are25 84 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 neighborhoods with multiple community2 organizations, and there was some3 discussion about whether or not one group4 should be considered the primary group and5 have, for example, the responsibility to6 convene the meeting or to notify the other7 groups.8 In the end, we felt that was9 untenable for a variety of reasons. We10 felt that the City, the Administration,11 and the Planning Commission should not be12 in the position of deciding which group --13 which group's voice was better or should14 be listened to as compared to other15 groups.16 And we also felt that a group's17 ability and capacity changes over time.18 So some groups that are very experienced19 might lose capacity, some groups that are20 newer and less organized might increase21 their capacity so that we couldn't22 determine at any one point which group23 should have a special designation.24 And we also felt that we25 85 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 couldn't necessarily hold them accountable2 in terms of whatever activities they might3 be responsible for with relationship to4 the other group.5 So that's a long way of saying6 that we felt uncomfortable making a7 decision about registered community8 organizations and any organizations that9 would fit the regulations as are10 promulgated would be -- under our proposal11 would be recognized and would have the12 same rights.13 Our proposals do suggest that14 the groups, if there are multiple groups,15 that they would need to coordinate the16 meeting time so that the developer would17 not have to travel to various places for18 the meeting, but that they could each19 document what their position is on the20 project.21

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Mr. Harris

11 COMMITTEE OF THE WHOLE - RES. 4 And my concern today is that5 facility that's being applicated [sic] in6 our area. 11 So as the community leader in12 Southwest Philadelphia, I am writing to13 alert you to an aspect of the draft Zoning14 Code of which you might not be aware. The15 proposed elimination of the longstanding16 rule that prisoner facilities be located17 more than 500 feet from home. 22 There are a number of different23 types of regulated uses, and a prison is24 one of them. 11 COMMITTEE OF THE WHOLE - RES. 9 Sentencing of a transfer to10 state prison. 15 The draft Zoning Code -- City16 Council is currently considering enacting17 a new zoning code. We support rezoning,18 we support zoning reform. 11 COMMITTEE OF THE WHOLE - RES. 16 Now, this is our greatest17 concern. And when I think about the fact18 -- you know, I've been in my opinion19 neighborhood since 1984. 11 COMMITTEE OF THE WHOLE - RES. 3 The thing about it is, if4 there's a prison located in any area,5 other businesses are not going to come6 into that area. And that is our greatest7 concern, because whatever happens with our8 properties, we're going to suffer the9 consequences. 10 You know, I have been wearing11 this shirt for a long time, and I wanted12 to do everything that I possibly can to13 make sure my community does not suffer14 anything that's going to be a detriment to15 their -- their concerns would be they're16 being able to, you know, if the provident17 law is injected, the next is going to go18 away. 21 And I always consider the fact22 that, you know, a prison to me -- I'm23 going to give you a typical example. 11 COMMITTEE OF THE WHOLE - RES. 1104591 it into any area, it's going to be like2 putting a cat in a room full of rats; they3 going to scatter. 10 But anything other than that,11 you going to -- hey, it's going to be just12 like a plague. 22 Now, if you put anything there,23 that college is not going to come any24 further. 11 COMMITTEE OF THE WHOLE - RES. 1104591 because this is not going to be conducive2 to what they want, you know. 4 So I -- that is my greatest5 concern. We want you to think about this6 very -- we also submitted some letters to7 other Councilmembers, and we want you to8 be concerned about -- Hey, it might not be9 you today, but it might be you next. You10 might be caught in the crosshairs. 14 So I want you to make sure that15 we -- you know, we also want to also think16 about the fact that, you know, in my17 neighborhood, for the past few years, we18 have had many entities that have come in19 there that has been conducive to our20 neighborhood. We had a million-dollar21 church, four, five years ago. We have a22 charter school that's a multi-million23 dollar school. 11 COMMITTEE OF THE WHOLE - RES. 3 We went and we put the effort to4 go down there to sanction these businesses5 because they were conducive. 10 Now, I'm always willing to do11 what I can for my neighborhood. 17 I'm also a committee person;18 I've been a committee person for the last19 eleven years. Now, I want to say to20 myself, you know, when I put this shirt on21 and I come forth, I want my constituents22 to know that I'm ready to fight the battle23 for them. 11 COMMITTEE OF THE WHOLE - RES. 7

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Ms. Davis

Yes. Good morning,22 everybody.23 I just want to thank you for24 having me and giving me the opportunity to25 95 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 be able to speak. This is my first time.2 I'm not a bit nervous, but this is my3 first time. And there are some things4 that I have, you know, been wanting to5 say, and this is my opportunity.6 I do live in the southwest area7 of the so-called prison system that they8 trying to get there. And I'm -- it's not9 a good thing to know what's going on in10 our area. There's many of us, you know,11 don't like it, and I don't. And I've been12 there for almost 40 years, right here in13 my home, and I raised two children here.14 And I -- I -- it was a great place. And15 to us now, it's still a great place. And16 we want to keep our community, and I agree17 with Mr. Harris, as best as we can keep18 it.19 Due to this time, the situation20 of things going on, we need to keep our21 community the best we can. We have a lot22 of old peoples in the community, young23 people, children, and we need to look out24 for them.25 96 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 I'm old myself. And one day --2 I'm speaking now, but one day I might not3 be able to say what I'm saying. And I'm4 speaking for the community, not just for5 me. And I do thank God for, you know,6 helping us this far.7 I do give a lot of great thanks8 to Mr. Moses that, you know, did a great9 job in the community that's helping us to10 get where we are. He fought, he worked11 hard. We're standing by him to do the12 best that we can in helping him.13 So there's a few questions that14 I really want to ask here. Yes, and we do15 have people here that's holding signs -- I16 don't want to leave out nobody, because17 we're here instead of our community. And18 I do want to thank them for being here.19 And oh, boy, it looks good back in back of20 me. I thank God for that, you know.21 (Applause.)22

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Ms. Davis

I'm willing to --17 I'm an obedient person and I want to be18 obedient.19 But what I really wanted to say20 is there are -- I just want to read this21 little note here, this letter, and the22 reason why we don't want a prison, a23 halfway house in our community.24 In (indiscernible) California,25 98 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 the low-income workers found themselves2 poor after a new person -- after a new3 prison opened in 1989 because rent4 increased up 25 percent, 35 percent during5 construction, and did not go down after6 the building crew left town.7 The decline in the house prices8 threatened the security of longtime9 homeowners, often low-income or elderly10 residents. When the value of their11 housing decline so does their nest egg,12 and you know what that is.13 Prison halfway houses produce14 nothing, and they buy very little from15 local economies. Prisons use water, lots16 of it. You put water in a prison -- you17 put -- you put water in a prison, you get18 sewage.19 A prison makes great demands on20 infrastructure but does not necessarily21 pay for them. The community gets stuck22 with the expense of roads, water, waste23 treatment, sewage, streetlights, and24 traffic and cops. If these prisons are so25 99 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 great, why isn't there one in the Bala2 Cynwyd area?3 Nothing naturally gravitates4 towards the prison. There is no related5 industrials that will set up a shop at the6 edge of a prison the way that various7 kinds of experts such as taxes, advisors,8 mechanics, or printers or eateries or9 other specialists clustered around our10 kind of industrials.11 And as -- as I stated, we want12 you to look into this thing a little13 closely. We are old people that lives in14 the community. We struggled down through15 the years to have a property. We worked16 hard. Snow, ice, rain, winter cold. We17 did this to have a decent place to live18 where we got where we are now, up in age.19 And we're looking forward to that. But we20 cannot be comfortable with a prison a few21 blocks down from our homes.22 It's not right, it's not right.23 You don't take advantage of old people24 like this. This is our community; we made25 100 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 the community. So why do we have to2 suffer for what these prisoners, which has3 broke the law, did what they shouldn't4 have done. We are living here. Why5 should we have to suffer for what they6 did. It's not right, it's definitely not7 right.8 It's going to be a time when9 you're not going to be able to walk out10 your door. It's going to be a time when11 you got to keep your windows closed at all12 times. You can't take the bus or trolley13 or walk a block or two blocks to get the14 trolley to go and take care of your15 obligations.16 This should be looked into very17 closely.18 (Audience member speaks out of19 turn.)20

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Mr. Moses

Right. And, you17 know, and so forth and so on.18 The other part that we really,19 really are focused on is the part in how20 the construction of the new Zoning Code is21 going to go. We found in there that22 Councilwoman Blackwell has a paragraph in23 there referring to reentry, okay? I24 believe it's on , paragraph 2.25 102 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 That troubled us very, very2 highly because -- and that's the only3 thing in there that concerned that. That4 troubled us very, very much because, there5 again, that was a deviation away from what6 we believe the Zoning Code is supposed to7 be for.8 The Zoning Code is supposed to9 be here to help the people of the10 community, all right? and the people that11 live here. And we felt as though that12 clearly was a statement -- or clearly was13 an indication of where you're saying no,14 you know, this -- you know, you don't have15 to worry about the 500-foot rule that has16 been on the books by the Licenses and17 Inspections for many, many years. And18 that paragraph was speaking of just, you19 know, ignoring that and not having to20 adhere to that at all.21 We felt that was incorrect, that22 was a mistake. We know mistakes do23 happen. And, you know, we would ask that,24 you know, be either withdrawn or25 103 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 overlooked when you're drawing up your2 City Council -- the new City Council rules3 for the zoning.4 The last thing -- I will leave5 it right here and say is that, you know,6 as you see, you see a number of people7 here with us. And there are many, many,8 many more. There are a number of groups9 that are with us, okay? We are actually10 called the Southwest Coalition of11 Community Groups, and that consists of at12 least no less than twelve groups, okay?13 And we thank them all for being here today14 too and for helping us as well.15 That being said, I'll leave it16 there and open for any questions.17

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Council President Verna

This21 will conclude our hearing.22 And, again, I thank you all for23 your participation and your interest.24 Thank you again. Have a good day.25 105 9.27.11 COMMITTEE OF THE WHOLE - RES. 1104591 (Proceedings end at 12:10 p.m.)2 * * *3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 C E R T I F I C A T E1 2 I HEREBY CERTIFY that the3 proceedings of the City of Philadelphia Council4 Committee of the Whole are contained fully and5 accurately in the stenographic notes taken by6 me on Tuesday, September 27, 2011, and that7 this is a true and correct statement of same.8 9 10 11 _________________________________ 12 JOSEPHINE CARDILLO Registered Professional Reporter13 14 15 16 17 18 19 (The foregoing certification of20 this transcript does not apply to any21 reproduction of the same by any means, unless22 under the direct control and/or supervision of23 the certifying reporter.)24

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