Committee Hearing, February 24, 2009

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, February 24, 2009 10:15 a.m. - - - PRESENT: COUNCILMAN JAMES F. KENNEY, VICE-CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN BILLS 080949, 090004, 090005, 090006, 090069 and 080130 - - - 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, ladies and gentlemen. The Committee on Rules is now in session. We have a quorum in myself, Councilman Kenney, Councilman Goode, Councilman DiCicco, Councilman Greenlee and, temporarily appointed by the Council President, Councilwoman Quinones-Sanchez. We would like to make an announcement first. Bill No. 080952, that's 080952, will be held until March 11th at 10:00 a.m. in this room. So anyone wishing to testify on that bill 15 should reschedule for March 11th at 10:00 a.m. here. The first bill on our Calendar today is Bill 080949, which is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land -- I'm sorry. We're going to do something different. The first bill is Bill 090004, which is an ordinance to amend the 3 2/24/09 - RULES - BILL 080949, etc. Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Hurley Street, Clearfield Street and Boudinot Street. (Witness approached witness table.)

Please identify yourself for the record.

Good morning, Councilman Kenney, members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill 17 No. 090004, which was introduced into City Council January 22, 2009. Bill No. 090004 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Allegheny Avenue, Hurley Street, Clearfield Street and Boudinot Street. This bill will change the zoning designations of a property located 4 2/24/09 - RULES - BILL 080949, etc. at 426 East Allegheny Avenue from its current designation of "G-2" General Industrial to a zoning designation of "C-3" Commercial. The purpose of this zoning change is to permit the reuse of the existing structure for mixed residential commercial uses. Currently, this 32,000 square foot site is occupied by approximately 80,500 square feet of building. At this time, there is no 12 specific plan for reuse of the building. In the case of large industrial buildings, it is difficult to find a zoning classification that would permit the existing structure while also permitting a mixed-use development. In this case, the proposed "C-3" zoning designation does not fit in with the zoning pattern of the surrounding neighborhood. However, it is consistent with the existing structure. The Philadelphia City Planning Commission considered Bill No. 090004 at its meeting of February 17, 2009 and is 5 2/24/09 - RULES - BILL 080949, etc. recommending that the bill be approved. While this zoning classification seems out of character for the neighborhood, the change is supportable given the current buildings on the lot. The cost of demolishing the structures is expected to be prohibitively expensive and the Commission is comfortable with the reuse of the structures as a mixed-use development. That is the conclusion of my testimony. I'd be happy to answer any questions of the Committee at this time.

Thank you very much. Any questions for the witness? (No response.)

Anyone else to testify on this bill? (No response.)

Seeing none, we'll move to Bill No. 090005, which is an ordinance to amend the Philadelphia Zoning Maps by changing the 6 2/24/09 - RULES - BILL 080949, etc. zoning designations of certain areas of land located within an area bounded by Erie Avenue, K Street, Venango Street and I Street. Please identify yourself for the record.

Good morning, Councilman Kenney and members of the Rules Committee. I am William Kramer, Division Director for the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 090005, which was introduced into City Council January 22, 2009. Bill No. 090005 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Erie Avenue, K Street, Venango Street and I Street. This bill will change the zoning designations of a property located in the block indicated in the ordinance 25 from its current designation of "G-2" 7 2/24/09 - RULES - BILL 080949, etc. General Industrial to a zoning designation of "C-2" Commercial. The purpose of the zoning change is to permit the expansion of the Community Academy Charter School. Currently, the school is located at 1100 East Erie Avenue and they wish to expand into the adjacent property at 1102 East Erie Avenue. There is no 10 new construction proposed as a result of the rezoning, but will rather facilitate the school being able to use an existing adjacent structure as part of the school without having to obtain a zoning variance. The Philadelphia City Planning Commission considered Bill 090005 at its meeting of February 17, 2009 and is recommending that it be approved. That is the conclusion of my testimony. I'd be happy to answer any questions of the Committee at this time.

Thank you very much. Any questions for this witness? 8 2/24/09 - RULES - BILL 080949, etc. (No response.)

Anyone else to testify on this bill? (No response.)

Seeing none, we will move to Bill No. 090006, which is an ordinance correcting the Philadelphia Zoning Maps by conforming the dimensions of a property located within an area bounded by B Street, Erie Street, G Street and Tioga Street to more accurately reflect the area rezoned by Bill No. 080754. Please identify yourself for the record.

Good morning, Councilmember Kenney 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 to testify on Bill No. 090006, which was introduced into City Council January 22, 2009. 9 2/24/09 - RULES - BILL 080949, etc. Bill No. 090006 will correct the dimension on the Philadelphia Zoning Maps by changing a dimension on a certain zoning parcel in an area bounded by B Street, Erie Street, G Street and Tioga Street. This parcel is the subject of Bill 080754, which rezoned the parcel from an existing zoning designation of "G-2" General Industrial to a designation of "L-4" Limited Industrial. An inconsistency was found during the review by the City's Law Department and Bill No. 14 090006 will correct the dimensional error. The Philadelphia City Planning Commission considered and approved Bill 18 No. 080754 at its meeting of November 18, 2008. Accordingly, Bill No. 090006 is considered an item in accord with previous policy and is recommended that the bill be approved. That is the conclusion of my testimony. I'd be happy to answer any questions you may have. 10 2/24/09 - RULES - BILL 080949, etc.

Thank you very much for your testimony. Any questions for this witness? (No response.)

None. Anyone else to testify on this bill? (No response.)

Seeing none, we'll move to Bill No. 090069, which is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, Grant Avenue, Blue Grass Road and Railroad Right of Way. Please identify yourself for the record.

Good morning, Councilmember Kenney 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. 090069, which was 11 2/24/09 - RULES - BILL 080949, etc. introduced into City Council February 5, 2009. Bill No. 090069 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Roosevelt Boulevard, Grant Avenue, Blue Grass Road and a Railroad Right of Way. This bill will change the zoning designations of an area bounded by Roosevelt Boulevard, Grant Avenue, Blue Grass Road and a Railroad Right of Way from its current designation of partly "L-2" Limited Industrial and partly "C-3" Commercial to a zoning designation of partly "C-3" Commercial, partly "L-2" Limited Industrial, partly "L-4" Limited Industrial and partly "ASC" Area Shopping Center. The purpose of the change to the "ASC" designation is to permit the construction of a supermarket with accessory uses. The proposed structure would provide 155,000 square feet of retail space, including a Giant food 12 2/24/09 - RULES - BILL 080949, etc. store and gas pumps. The remaining properties fronting on the block along Grant Avenue will be rezoned to a zoning designation of "L-4" Limited Industrial. These structures represent several old warehouse structures that contain several retail uses as well as warehouse space. The change to the "L-4" designation will recognize this pattern of development while still allowing the buildings to maintain industrial uses such as warehousing and distribution. After review by the Philadelphia Law Department, I have been requested to submit an amendment to the bill that will be more legible, as well as more accurately reflect the property line for the proposed new shopping facility. The Philadelphia City Planning Commission considered Bill No. 090069 at its meeting of February 17, 2009 and is recommending that it be approved. This is the conclusion of my 13 2/24/09 - RULES - BILL 080949, etc. testimony. I'd be happy to answer any questions of the Committee at this time.

Thank you for your testimony. Any questions for this witness? (No response.)

Seeing none, anyone else to testify on this bill? (No response.)

Seeing none, we will move to Bill No. 080949, which is an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Ridge Avenue, Rector Street, Houghton Street and Walnut Lane. Please identify yourself for the record.

Good morning, Councilmember Kenney and members of the Rules Committee. I am William Kramer, Division Director of the Development 14 2/24/09 - RULES - BILL 080949, etc. Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 080949, which was introduced into City Council December 11, 2008. Bill No. 080949 will amend the Philadelphia Zoning Maps by changing certain zoning parcels bounded by Ridge Avenue, Jamestown Avenue, Houghton Street and Walnut Lane. The purpose of this bill is to change the zoning designation of property owned by Roxborough Memorial Hospital from the current zoning designations of "R-5" Residential and "R-4" Residential to a single designation of "IDD" Industrial Development District. The hospital is proposing to construct a new three-story building containing 57,150 square feet of gross floor area to be used as a retail pharmacy and medical offices associated with the hospital. The zoning change will increase the area of the "IDD" district by 2.6 acres. This 15 2/24/09 - RULES - BILL 080949, etc. will raise the district area to a new total of 5.42 acres. The retail pharmacy use is not one permitted in the zoning district and, therefore, before any permits are issued, the Zoning Board of Adjustment approval must be obtained. I have an amendment to be added to Bill No. 080949 in the form of an exhibit, which is the proposed new Master Plan for the hospital, which I respectfully ask Council to add to the provisions of this bill. The Philadelphia City Planning Commission considered and approved the proposed Master Plan for Roxborough Memorial Hospital, the subject of Bill 18 No. 080949, at its meeting of December 16, 2008. That is the conclusion of my testimony. I'd be happy to answer any questions of this Committee.

Thank you very much for your testimony. Are there any questions for 16 2/24/09 - RULES - BILL 080949, etc. this witness from members of the Committee? (No response.)

Any comments from other Councilmembers? Councilmember Jones.

Thank you, Mr. Chairman. I just want you to know that I've had an opportunity to meet with the Roxborough Memorial Hospital, their staff, and reviewed some of their plans. I support their expansion, although we have some challenges that we have to meet and kind of working with the community, but I am clear about the fact that development in a recession is important, and the only way we're going to get out of it is to grow our way out of it. And I appreciate in the time of a recession that the hospital takes the courageous stance to make an investment in their site and to expand it. They've got a new radiology and scanning division that is state of the art, and I want to 17 2/24/09 - RULES - BILL 080949, etc. encourage that growth in that location. It is the only emergency room in the 4th Councilmanic District, the only emergency room in the 4th Councilmanic District. I just wanted to put that on the record.

So you are supportive of the bill?

I am very supportive, enthusiastically so.

Thank you very much. Anyone else to testify on this bill? (Witness approached witness table.)

Please let the record reflect that Councilman Clarke has joined us.

Good morning, Mr. Chairman and members of the Committee. My name is Tom Chapman. I'm an attorney with Blank Rome here in Philadelphia, and we represent the 18 2/24/09 - RULES - BILL 080949, etc. interested party in the legislation before you, Solis Healthcare and Roxborough Hospital. I'm not going to go through the testimony that I prepared for this hearing.

You're a veteran here.

Yes, sir. I think I've been here a few times before.

Yes, you have.

But I would like to thank Mr. Kramer for introducing the necessary amendment, and I thought that it was important for me to note and thank Councilman Jones and his staff and specifically Josh Cohen for all their help and leadership on this matter.

Great. Thank you very much.

Thank you.

Any questions or any other comments? 19 2/24/09 - RULES - BILL 080949, etc. (No response.)

Seeing none, we've been requested that we will recess the public hearing, go into temporarily our public meeting and vote out the bills that are ready to come out, and then come back to our public hearing and continue with our business. So now that we are in a public meeting, the Chair recognizes Councilmember Quinones-Sanchez for a motion on Bill No. 090004.

Thank you, Chair. I move that Bill 090004 be moved out of Committee with a favorable recommendation and the rules of Council be suspended to allow first hearing at our next session. (Duly seconded.)

Moved and seconded. All in favor? (Aye.)

There are none opposed. Bill No. 090004 is 20 2/24/09 - RULES - BILL 080949, etc. reported out of this committee favorably and a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Quinones-Sanchez for a motion on Bill No. 090005.

I move that Bill 090005 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.)

Moved and seconded. All in favor? (Aye.)

There are none opposed. Bill No. 090005 is reported out of this committee favorably and a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes 21 2/24/09 - RULES - BILL 080949, etc. Councilmember Quinones-Sanchez for a motion on Bill 090006.

I move that Bill No. 090006 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first hearing at our next public session. (Duly seconded.)

Moved and seconded. All in favor? (Aye.)

There are none opposed. Bill No. 090006 is reported out of this committee favorably with a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Greenlee for a motion to approve the amendment to Bill 080949.

Thank you, Mr. Chairman. I move the approval of the amendment to Bill No. 090069. 22 2/24/09 - RULES - BILL 080949, etc.

This is 080949. I'm going by this Calendar here.

Oh, I'm sorry.

I was just going down the hearing notice.

Okay. Mr. Chairman, I move the approval of the amendment to Bill No. 080949. (Duly seconded.)

Moved and seconded. All in favor? (Aye.)

The amendment is approved. The Chair recognizes Councilmember Goode for a motion on the amended Bill 080949.

Thank you, Mr. Chairman. I move the amendment to Bill No. 090069 --

No. This is on a motion on the amended Bill 080949 out of Committee with a suspension. 23 2/24/09 - RULES - BILL 080949, etc.

Thank you, Mr. Chairman. I move that Bill 080949, as amended, be reported out of Committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)

It's moved and seconded. All in favor? (Aye.)

There are none opposed. Bill No. 080949, as amended, will be reported out of this committee with a favorable recommendation and a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes -- I'm running out of Councilmembers, so if I miss anybody, don't be offended. I don't have enough motions. The Chair recognizes Councilmember Reynolds Brown for a motion 24 2/24/09 - RULES - BILL 080949, etc. to amend Bill 090069.

Mr. Chairman, I move that Bill No. 090069 be amended. (Duly seconded.)

It's been moved and seconded. All in favor? (Aye.)

There are none opposed. Bill No. 090069 will be amended accordingly. The Chair recognizes Councilmember Clarke for a motion on the amended Bill 090069.

Thank you, Mr. Chair. I move that Bill No. 090069 be reported out of Committee with a favorable recommendation as amended with a rules suspension. (Duly seconded.)

It's been moved and seconded. All in favor? (Aye.)

There are 25 2/24/09 - RULES - BILL 080949, etc. none opposed. Bill No. 090069, as amended, will be reported out of this committee favorably and a request made for rules suspension to allow first reading at our next Council session. We will now recess the public hearing and go back into our public meeting and we will -- I'm sorry. I apologize. We're going to recess our public meeting and go back into our public hearing. Bill No. 080130, at the request of the sponsor, will not be reported out of Committee today, but we will take testimony on that bill. So Bill No. 17 080130 is an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-300, entitled "Commercial Districts," by adopting a new Section, entitled "Transit-Oriented Development District," to promote mixed use higher density development in certain areas in order to encourage the use of public 2/24/09 - RULES - BILL 080949, etc. transit and less reliance on automobiles, all under certain terms and conditions. The Chair recognizes Councilmember Greenlee for remarks.

Thank you, Mr. Chairman. Just quickly before the testimony starts, the idea of transit-oriented development is an issue that has caught hold in numerous cities around the country, and for good reasons. It is certainly in the interest of cities, and actually people all over, to promote public transportation, and that's what this bill does. The bill was actually introduced last term by former Councilman Savage and I introduced it early last year. We've held it, trying to work out the various issues with it, because it is a complicated issue. And as you stated, the bill is not going to be reported out today, but we wanted to get this process started, this conversation started, and 27 2/24/09 - RULES - BILL 080949, etc. hopefully sooner than later, we're going to move this bill, because I think it's to the benefit of all citizens. So thank you, Mr. Chairman.

Thank you very much. The Chair recognizes Beverly Coleman and Christina Andersen for initial testimony. Please come forward. (Witness approached witness table.)

Could you please identify yourself for the record. Good morning.

Good morning. Beverly Coleman. I'm Executive Director of NeighborhoodsNow. Christina is on her way and she'll be joining us shortly. Thank you, Councilman Kenney, Councilman Greenlee and the members of the Rules Committee. We appreciate this opportunity to provide testimony in support of transit-oriented development, or TOD. We see that it has significant 28 2/24/09 - RULES - BILL 080949, etc. potential for Philadelphia. We recognize that one of Philadelphia's greatest assets is our transit system. SEPTA is the fifth largest regional transit system in the country, averaging nearly a million weekday transit riders. Yet, potential real estate growth around neighborhood transit stations is stymied by zoning limitations, undesirable land uses, including long-term vacancies, and safety concerns. NeighborhoodsNow launched a TOD initiative three years ago to address these barriers. In that process, we are benefiting from the cooperation and commitment of many other organizations, a number of whom are here today. Our partners in this work include SEPTA, DVRPC, PennTRANS, Asociacion Puertorriquenos en Marcha, Enterprise Heights, PACDC, 10,000 Friends and Econsult, among others. We also appreciate Council's leadership role in the support that we are receiving, 29 2/24/09 - RULES - BILL 080949, etc. especially from Councilman Jones and Councilman Greenlee, with respect to TOD. Finally, a number of City agencies, including the Mayor's Office of Transportation and Utilities, the Commerce Department and the Planning Commission, are working to advance TOD. Collectively, we feel as if we are making progress. Still, there is much more to be done to ensure that TOD becomes an approach used consistently and frequently to redevelop Philadelphia's neighborhoods. The financial crisis and weakening economy has called upon our leaders in Washington and here in Philadelphia to create strategies that will position us competitively in the future. TOD fits soundly within the Mayor's agenda to make Philadelphia a green city and the federal government's interest in reducing our carbon footprint. The new economic reality calls 30 2/24/09 - RULES - BILL 080949, etc. upon us to become more green. Targeted development in and around transit sites promotes increased access to public transit, which in turn reduces traffic congestion and greenhouse emissions. Philadelphia already has a competitive advantage. We have an extensive regional rail system, extensive public transit infrastructure that is the envy of many other cities like Denver and Los Angeles that are spending billions of dollars to build a transit system. Finally, as the recently completed TRID plans for 46th and Market and Temple regional rail stations illustrate, low cost, strategically placed green spaces and gardens can help with storm water management, as well as improve the aesthetics of the neighborhood. Our economic challenges also call upon us to increase affordability for low- and moderate-income residents. According to the Center for Housing Policy's 2006 31 2/24/09 - RULES - BILL 080949, etc. report, A Heavy Load, families earning between 20,000 and 50,000 in Philadelphia spend approximately 56 percent of their income on housing and transportation combined. We know that closeness to transit increases use, and expect that mixed-use, mixed-income developments in and around neighborhood transit stations can be an effective approach for increasing affordability. In addition, strategic neighborhood TOD can also help increase access to jobs. Supporting and targeting new housing, retail and pedestrian-friendly development projects creates construction jobs in the short term, and these developments also promote use of public transit that connects residents to jobs within the City, as well as to regional job centers.

As the Executive Director of an organization committed to strengthening Philadelphia's neighborhoods and a Philadelphia resident who doesn't own a 32 2/24/09 - RULES - BILL 080949, etc. car, I'm encouraged by the momentum created by each and every partner we are working with to realize the potential of our transit system. Many of the pieces are already in place to make TOD a more integral part of the neighborhood development. We are encouraged by both Council and the Administration's interest in changing zoning to promote TOD. One of the many ways NeighborhoodsNow feels that we can achieve this mission is to forge public/private partnerships to take advantage of our City's assets, and I truly believe that if we continue to work together on this important issue, Philadelphia will realize all the benefits afforded by TOD. Thank you very much.

Thank you very much for your testimony. Any questions for this witness? Councilman Greenlee.

Thank 33 2/24/09 - RULES - BILL 080949, etc. you, Mr. Chairman. First of all, Ms. Coleman, I just want to thank you for all the work you have done personally and for NeighborhoodsNow in bringing this issue to the forefront. We've met numerous times. Hopefully pretty soon there will be a piece in the paper, op-ed, about this, and it's certainly growing momentum as we go along. Could you just briefly -- and you may have said it and I could have missed it. Could you give an example of a city where this is going and has really worked to the --

I think there are a number of cities. I think the ones that are maybe closest to us are Boston, Washington, DC. Younger cities I think that have really promoted TOD are Portland, Denver, even Charlotte, North Carolina. So I think across the country we've seen not only in downtowns but in neighborhoods, we've seen cities really 34 2/24/09 - RULES - BILL 080949, etc. kind of step up to the plate and make TOD a focal point for development and for ensuring that that city has an economically competitive advantage in the region.

Thank you. Thank you, Mr. Chairman.

Thank you very much. Any other questions for this witness? (No response.)

Thank you for your testimony. Councilman Jones.

Thank you, Mr. Chairman, for your indulgence. I just want to thank you for your work and commitment to transit-oriented development in Philadelphia and a commitment on your part and hopefully in your future roles within government and kind of putting all 35 2/24/09 - RULES - BILL 080949, etc. those things together. I know also my colleague Councilman Greenlee and Councilwoman Blondell Reynolds Brown are particularly interested in a green job component that can be spurred by some of the transit-oriented development. In the case of the 3rd and the 4th District, we share Market Street, and what our hope is that it starts at 46th Street and expands to stations like 52nd, 56th, 60th and 63rd that have been decimated by the El reconstruction. When folks travel that El, when they look out either window, they see tar roofs and buckets that were used to repair roofs. What we hope in the near future is high-density development that has green roofs and solar panels that are produced somewhere in the City of Philadelphia, and that a kid that goes to the Randolph Skills Center graduates and goes right into a job that might be at a development, a business that produces those solar panels or that green infrastructure that we're 36 2/24/09 - RULES - BILL 080949, etc. talking about. I wanted to see if you could speak about the green job component of that.

I'm not that knowledgeable about the green job component, but I think that you're absolutely right in that there's a connection between TOD and green building, and really beginning to think more about the environment and how we can incorporate open space, how we can incorporate green technology. So I think a lot of it really relates to the types of buildings developers will construct in the future, and we're certainly a proponent of green technology and green building. I also agree with you that there should be more of a connection between jobs and employment, especially for young people. And I think as you begin to see additional plans around transit station, you'll see, I think, a focus on green space. You'll see a focus 37 2/24/09 - RULES - BILL 080949, etc. on making an environment that promotes quality. In fact, we've worked closely with the Enterprise Heights and the Enterprise CDC around their project at 46th and Market, and it does have some of the elements. I mean, Omowale Crenshaw will talk about that, but it does have some of the elements that you're actually talking about.

Thank you, Mr. Chairman.

So we hope to see more of that.

Thank you very much. Thank you for your testimony. Please, Steve Buckley and Richard Redding. (Witness approached witness table.)

Please identify yourself for the record. Is the other witness here?

My name is Richard Redding from the Philadelphia 38 2/24/09 - RULES - BILL 080949, etc. City Planning Commission.

Okay. Please proceed. Identify yourself.

Good morning, Councilmember Kenney and members of the Rules Committee. I am Richard Redding, Director of the Community Planning Division at the City Planning Commission. I am here to testify on Bill 080130 introduced into City Council on February 7th of 2008. The Planning Commission supports transit-oriented principles, and we agree that legislation of this type will be beneficial in Philadelphia. Accordingly, the Planning Commission supports Bill No. 080130 in concept. However, with regard to its specific provisions, while there are many items we can support without hesitation, we also see some provisions that are potentially problematic or inconsistent. Therefore, the staff has been directed to work with Council to refine the language of the 39 2/24/09 - RULES - BILL 080949, etc. bill in order to clear up the inconsistencies and avoid any unintended consequences. Let me offer two examples of unintended consequences. The provisions of the bill outline a number of uses that would be prohibited. Many of these uses, like drive-through restaurants, would be supported as uses that are inconsistent with the goals of such a district -- I'm sorry; that are consistent with the goals of such a district. However, to eliminate take-out restaurants would prohibit a coffee shop or a doughnut shop from a transit terminal area, and that may be just the type of active retail space that would be beneficial.

Mr. Redding, I'm sorry. I read the bill 21 just this morning, but wasn't the provision that take-out restaurants where the individuals stayed in their car, like a take-out window or a drive-through window, or is there other language that 40 2/24/09 - RULES - BILL 080949, etc. prohibits --

Drive-through restaurants are prohibited and take-out restaurants that sell things out of a window to the sidewalk are prohibited, and take-out restaurants in general are prohibited in the language of the bill.

All right. Fine. Thank you.

Additionally, we believe that the language regarding loading docks would create the unintended consequence of requiring a loading space for every building in the district, including a single-family home, which would also lead to a proliferation of curb cuts. This would be detrimental to the pedestrian experience and pedestrian safety. At our recent Planning Commission meeting on February 17th, the Commission discussed the entire concept of transit-oriented development. A transit-oriented development encompasses 41 2/24/09 - RULES - BILL 080949, etc. several basic principles. The development is located near a major transit station or a transit hub. It has density, medium or high density. The development is mixed use. It is oriented to pedestrians, transit riders and bicyclists as opposed to motorists, and TOD has reduced parking requirements in most cases. These principles have long directed the development of our city. Several examples exist where development has been supportive or coordinated with the public transit system that exists here in Philadelphia, including the commercial corridors in the area of 52nd and Market, as well as Frankford Avenue. The best example of this type of development exists in our own Center City business core, owing largely to the confluence of several means of public transportation. So if Philadelphia already has these attributes, why is it important to 42 2/24/09 - RULES - BILL 080949, etc. plan for TOD? Well, we think there are many reasons: sustainability, energy efficiency, promoting walkability and transit usage, preventing inappropriate development near transit stops, and the fact that TOD is a major source of planning funds that has made the Planning Commission more productive. In addition, there is a City of Philadelphia Executive Order from 2007 directing the Planning Commission to devise transit-supportive development strategies. Much of the work of our agency is related to TOD principles, as shown by several recently published PCPC transit-oriented plans, including West Market Street, Frankford, Germantown, Nicetown and for five rail stations on the R-7 line between Bridesburg and Torresdale. Currently, we are in the midst of a transit-oriented plan for Broad and Erie. For many of these projects, the Planning Commission receives grants from the Delaware Valley 43 2/24/09 - RULES - BILL 080949, etc. Regional Planning Commission, a major advocate for transit-oriented development. The City Planning Commission has also cooperated with TOD studies managed by NeighborhoodsNow and also several CDCs at the neighborhood level. In terms of future policy direction, the presentation on February 17th made it clear that the Planning Commission supports the TOD concept and we will view development proposals through the lens of TOD principles. We recognize that TOD zoning cannot be one-size-fits-all, because there are differences in local conditions and differences in community desires, and these will require an effort to accurately address the concerns of all. These principles should be considered as part of the long-range ideals that lead the City forward and will make up a significant portion of the work of the Zoning Code Commission. 44 2/24/09 - RULES - BILL 080949, etc. The Planning Commission also considered Bill 080130 at its meeting of February 17th. The Commission voted to table the item, allowing further study, and to direct the staff of the Commission to work with both City Council and the Zoning Code Commission to provide comprehensive answers to this important aspect of development in the City. Thanks for your consideration. I'll be happy to answer any questions.

Thank you very much. I'm looking at the bill, and the date of the bill is February 7, 2008 and the Commission considered the bill on February 17, 2009.

Mm-hmm.

Why?

The agency is like recommitting itself to TOD. We --

Why did it take more than a year to review the bill?

Because the 45 2/24/09 - RULES - BILL 080949, etc. public hearing was scheduled.

But, I mean, you had the bill in your possession as a staff for more than a year. So some of those issues that you're raising today or raised at the hearing could have been raised with the Councilmember who sponsored it, so that maybe today we'd be getting the bill out of Committee as opposed to asking for a delay.

We had a discussion or two with Councilman Greenlee about the bill. I can't explain that delay any better.

Councilman Greenlee, do you have any questions?

Thank you, Mr. Chairman. I don't want to get back and forth with the Commission, but respectfully I will point out that right after this bill was introduced, I got a call from the Planning Commission, basically said hold up, don't do 46 2/24/09 - RULES - BILL 080949, etc. anything, we'll kind of get back to you. Now, I'm paraphrasing those words. And with all due respect and, as I said today, I'm holding this bill, but I think -- and we got a budget process coming up, which I know is going to be pretty all encompassing, but after that, I really want to move this. And I think Councilman Kenney brings up a good point. I mean, I was ready to hear about any amendments since that was introduced. I'm not blaming you, Mr. Redding, but I mean, there did seem to be a point where I was getting a message from the Planning Commission just hold up and we'll get back to you, and I think -- I've been accused of being too nice before, so maybe I was too nice and just did that, but I do agree with the Chairman and I think we could have moved this further. Now, that's crying over spilled milk in a way, but I think we could have moved this more quickly. And it seems 47 2/24/09 - RULES - BILL 080949, etc. like sometimes -- and that's why I wanted Ms. Coleman to point out how many other cities have done this. It seems to take Philadelphia longer to do progressive stuff than other cities. Again, it is what it is. We're in February of 2009 now, but I do agree with the Chairman and I wish we could have moved this a little quicker, and I really, with all due respect, think I was available to do that. So I'll just leave it at that. Thank you.

Councilmembers, your comments are well taken. We agree that the TOD is a progressive move, and we are recommitting the agency to work with you. We're ready to sit down and meet and discuss. We can also share the presentation that was given at the Commission meeting.

Okay. That's fine. Thank you.

48 2/24/09 - RULES - BILL 080949, etc. Councilmember Goode.

Thank you, Mr. Chairman. Mr. Redding, very quickly, and the Chairman raised this point. The bill 7 does not actually prohibit coffee shops or doughnut shops, does it?

We think so, because a Dunkin Donuts, a Starbucks, a Bucks County Coffee --

That's an example.

-- would be considered a take-out restaurant.

That's an example of a coffee shop or doughnut shop, but even those examples of coffee shops and doughnut shops, if they had seating, then would not be prohibited; is that correct?

I guess it's a fine line, because a great deal --

It's not that fine a line. The legislation 49 2/24/09 - RULES - BILL 080949, etc. actually says take-out only. It doesn't say take-out restaurants. It says take-out only.

Okay.

So it doesn't actually prohibit coffee shops and doughnut shops, does it, as long as they have seating?

I think you're making a good point. We'll read it again and consider that, definitely.

Thank you.

Councilmember Clarke.

Thank you, Mr. Chair. Good morning, Mr. Redding.

Good morning.

Mr. Redding, first I'd like to thank you for the great work you've been doing up in the Broad and Erie dealing with that particular TOD. I understand there's also some discussion around 10th and 50 2/24/09 - RULES - BILL 080949, etc. Berks. I'm not sure who is working on that, about a TOD there. So I want to commend you, look forward to our next community meeting. With respect to the legislation, I just want to make sure I understand this process. We're creating obviously a category or a classification, and the assumption is the authorization for a particular location will be done by ordinance in Council. Do you envision the Council having the flexibility -- because you mentioned earlier that there were some unintended circumstances or consequences in some of the proposed prohibitions. So say, for instance, if we want to do something at Broad and Susquehanna, a TOD designation, and we want to have some of the things that Broad and Olney may not want to have, do we have that flexibility? Do you envision that, or would it have to -- basically, would we be able to supersede the original ordinance setting the 51 2/24/09 - RULES - BILL 080949, etc. designation or the classification?

Well, the proposed district would replace existing zoning, number one.

That was my second question.

In terms of the flexibility, I think the changes and clarifications we're seeking are minor, because there's a whole lot in the bill 12 that we definitely support, without hesitation. So I think I just feel like it can definitely be worked out.

So we're not sure yet; is that the quick answer?

Well, I think it needs to be discussed with the Councilman, and hopefully a consensus can be reached. I'm confident that it can.

When you're saying replacing the designation, take Broad Street for example, because I represent a significant portion. We did an overlay some years ago on North Broad 52 2/24/09 - RULES - BILL 080949, etc. that had a significant number of prohibitions, and I think actually Councilwoman Tasco eventually amended that ordinance to incorporate a portion of her district on Broad Street. If we did a TOD, the TOD would replace that overlay in certain segments of Broad Street just where that TOD was authorized?

Mr. Kramer of the Development Division. (Witness approached witness table.)

Let me answer your question two ways. When you would go to craft a bill to apply this district, we could make accommodations for the different areas. So that, yes, we could make it fit to the specifics of each area. That's why the TOD is so difficult and not a one-size-fits-everywhere. As you've pointed out, different neighborhoods have different concerns and addresses. 53 2/24/09 - RULES - BILL 080949, etc. We can certainly do that and would craft, as we applied the different sections of the Code to the different areas, we would have to make that district special, as it were. It would almost become a district overlay. That's sort of what we wrestle with in terms of actually having to accommodate that, because it isn't something that what you would do at Broad and Susquehanna would be the same as what you would do at, let's say, Bridge and Pratt. So that's one of the issues that we're wrestling with, is to how to best accommodate that.

Okay.

Also, Councilman Greenlee's bill does have prohibition of many uses that are probably similar to the Broad Street overlay, so that they're not necessarily incompatible.

I'm assuming in that particular case it is, because I know the Broad Street overlay 54 2/24/09 - RULES - BILL 080949, etc. came about as a result of constituents complaining about certain uses on Broad Street, and I'm sure that the information that Councilman Greenlee and the people he talked to were probably the same people to some degree and similar interests. All right. Okay. Well, that clarifies that. Thank you. Thank you, Mr. Chairman.

Thank you very much. Any other questions? Councilman Greenlee.

Thank you, Mr. Chairman. Just a quick comment on Councilman Clarke's point. I meant to say this earlier. Obviously this idea is to set up the district, and I'm not in any way -- so no District Councilperson thinks I'm usurping any authority, that once that district is set up, then it would be up to the District Councilperson 55 2/24/09 - RULES - BILL 080949, etc. to decide where in his or her district that would fit. So I'm certainly not in any way -- and I didn't say you said that, Councilman, but just to get on the record that that's certainly not the intention, that if something is specific in a district, that should be the District Councilperson's purview.

Councilman, nothing could be further from my mind.

Thank you.

Councilmember Brown.

Thank you very much. Good morning.

Good morning.

The introduction of this bill by Councilman Greenlee indicates that there's now an interest on Council to aggressively pursue this type of planning. Given the limited experience you've had already, as 56 2/24/09 - RULES - BILL 080949, etc. has been expressed by Councilman Darrell Clarke, what one or two impediments have you learned that you can seek to anticipate going forward once this bill 6 becomes a reality?

Well, it's not necessarily an impediment, but the bill 9 creates a zoning classification but does not map it. So the process of mapping it and choosing street boundaries will be a lengthy process and will require a lot of thought for every single TOD location where you want to apply the bill.

I see. And the decision-making process around that type of challenge rests with the Councilman, the community and your office?

Yeah, I think that's accurate.

Okay.

The question of prohibited uses also needs to be ironed out, because there's some uses in the 57 2/24/09 - RULES - BILL 080949, etc. list of prohibited ones that we think are actually reinforcing the notion of populating the sidewalk and energizing the district. It's a small portion of the prohibited uses, but we want a chance to discuss that and refine that.

And the previous witness indicated that a number of municipalities around the country are already underway doing this type of planning. Does one or two come to your mind that are really star performance in how they rolled out this type of planning, neighborhood planning, best practices that our city could look to?

I think that DC and also Portland, Oregon seem to be leaders in implementing TOD. Along the DC Metro, which is such a popular transit system with the population, there's a lot of high-density development even in outlying areas. Many of the stops in Virginia, Silver Spring, Maryland, these are truly TOD locations. 58 2/24/09 - RULES - BILL 080949, etc. TOD is also used a lot not in cities but in suburban areas where it may be most applicable of all, because I think some suburbs are realizing that sprawl is not the way to go, but a TOD concept has the ability to create community centers and denser development, more compact development.

Well, thank you. Thank you for your testimony.

Thank you.

Thank you very much. Any other questions for this witness? (No response.)

Seeing none, the Chair calls Christina Andersen, please. (Witness approached witness table.)

Is Mr. Bickel and Mr. Comati here? Could you get ready to come on up in a second. 59 2/24/09 - RULES - BILL 080949, etc. Hi. Identify yourself for the record and proceed. And I would ask the witnesses if they could possibly -- and I know you are at a disadvantage because you weren't here for the first witness, but to try not to repeat what has already been said, and if you need to diverge a little bit from your structured notes, please feel free to paraphrase and tell us what you think, but without repeating what other people have already said.

Certainly, sir. I will do my best. I missed --

You have an exemption because you didn't hear it, so please proceed.

Well, thank you very much. Good morning, members of the Rules Committee of the City Council. Thank you for the opportunity to testify on transit-oriented development. My name is Christina Andersen. I'm a Senior Urban Designer and Planner with Farr Associates in Chicago. Farr Associates 60 2/24/09 - RULES - BILL 080949, etc. is widely regarded as one of the most sustainable planning and architecture firms in the country, having created numerous TODs and walkable downtown plans. Most recently, Farr Associates, we have focused our efforts on coding as a vehicle of implementing and more broadly being able to impact and effect sustainability, particularly transit-oriented development and walkable pedestrian-oriented areas. I am here today because I am working with NeighborhoodsNow in their TOD efforts. What I want to talk about -- what I want to focus on today, since I'm guessing we've already had discussions on what a TOD is and those basics, are what are the benefits of transit-oriented development, why TOD and why now in the City of Philadelphia, and as well as how important zoning is to impact that type of development. So why TOD and why TOD now? So transit-oriented development provides 61 2/24/09 - RULES - BILL 080949, etc. economic, environmental and social benefits, not only to the neighborhood immediately surrounding the transit station but to the citywide as well as the region as a whole. In this time of economic uncertainty, with the cost of living continuing to rise and families being forced to tighten their budgets, their household budget, the benefits I'm going to expound on in just a moment make TOD a logical growth tool and development tool in Philadelphia as well as across the country. The neighborhoods surrounding transit stations tend to have a higher transit ridership and lower automobile usage rates for commuting than the larger metropolitan area. This is true across the country, and we have found this to be true in our work in Philadelphia. Fewer residents using cars to commute to work means personal cost savings for households living within transit areas. These cost savings 62 2/24/09 - RULES - BILL 080949, etc. include saving money on gas, parking, wear and tear on vehicles, as well as personal time, time spent in the car commuting back and forth to work. There are citywide benefits to this, including less congestion, less stress on the roadway infrastructure and better air quality for the region. Fewer vehicles on the road also have the positive impact for the larger national issues such as greenhouse gases, reducing greenhouse gases. Using public transportation can reduce a household's transportation expenditures, which again provides more flexibility in this time of need where cities are kind of tightening their belts and looking at their budgets. The Center for Transit-Oriented Development, a group that we work with very frequently, the part of Reconnecting America out of San Francisco and Washington, DC, found that the average transportation cost for an auto-dependent 63 2/24/09 - RULES - BILL 080949, etc. neighborhood -- so this is the amount of money households are spending out of their income on transportation costs -- in an auto-oriented dominated neighborhood, percent. The average 7 American family spends about 19 percent. 8 Our research has found that 9 households that live in transit-rich 10 neighborhoods spend on average nine 11 percent of household income on 12 transportation. That's a savings of 13 potentially ten percent. 14 Other economic benefits for TOD 15 include regional access to -- better 16 access to the regional market.

There's 17 also a higher concentration of activity 18 within neighborhoods, particularly 19 economic, commercial, retail activity, 20 and there's also -- very often in TODs 21 you find that public/private partnership 22 to kind of help foster that 23 transit-oriented development and make it 24 grow, and that community involvement can 25 lead to more cohesive neighborhoods, more 64 2/24/09 - RULES - BILL 080949, etc. people being involved and caring about their neighborhoods. And it's not just kind of these wider, less tangible economic environmental benefits. If you kind of take a look at how good transit-oriented has been designed across the country and you start to break down its kind of physical characteristics, you can see further benefits. Pedestrian and bicycle -- I'm sure we've already talked about that. Transit-oriented areas are pedestrian and bicycle friendly. That means more people are walking, more people are biking, more people are active. In fact, going back to the 2000 census, you can see that people living within a half mile of a transit station are three to five times more likely to use these other modes of transportation, walking, biking, transit. That can have a huge impact on personal health in a time where obesity rates are rising exponentially. The mixed-use nature of TODs 65 2/24/09 - RULES - BILL 080949, etc. with the residential units on the upper floors and very transparent ground floor storefronts and shop fronts also have a benefit, that kind of design feature. What that does is, people who are working in the store can monitor the activity on the street, because they can see out of it, out of their store. The people on the street can see in the store and kind of be able to monitor what's going on in the store, not to mention the fact that they can see all the goods and services that are being sold, which would potentially attract more customers. The residents on the upper floors have the ability to look out their windows in the evenings when they're home from work, on the weekends when maybe the shops aren't always open or offices aren't always open, and are able to monitor the activities that way. This can result in safer neighborhoods. It's a concept called "eyes on the street" that Jane Jacobs kind of has referred 66 2/24/09 - RULES - BILL 080949, etc. to -- or referred to. Excuse me. Finally, in terms of the design of transit-oriented development, the mix of housing types offered in TODs allow households in Philadelphia choices. These choices may allow a household to remain within a neighborhood throughout life's various stages: a single person being able to afford to live in a neighborhood because they can see in an apartment versus married without children versus married with children and then the empty-nester. And if you want to stay in your neighborhood, across the country that's becoming affordably not possible. The cost of housing is too high and housing options just don't exist. In TOD there's an opportunity to provide a variety of types of housing. Promoting TOD and all these housing options can also allow a city to meet its affordable housing goals. In Portland, Oregon there's a TOD called the Pearl District that was a former 67 2/24/09 - RULES - BILL 080949, etc. industrial district that was rehabilitated with transits, and it allowed the City of Portland to meet its ten-year housing goal within seven years, using one-tenth of the anticipated amount of land that they would need to do it, and percent of the units within this 9 TOD are rated for low- to moderate-income 10 residents. 11 So very briefly to talk about 12 why zoning is important to achieving 13 these great benefits. Achieving 14 successful transit-oriented development 15 requires the right set of guiding tools, 16 the right set of regulations.

Successful 17 TODs that have been created and/or 18 fostered in recent history have all used 19 such tools, whether it's public/private 20 partnerships, master plans, design 21 guidelines and/or zoning regulations, in 22 order to ensure that the right 23 development is in place. We believe, I 24 believe, that the most effective method 25 is through proper planning and zoning 68 2/24/09 - RULES - BILL 080949, etc. regulations. Appropriate zoning regulations are important for two reasons. First, the physical development of structures -- this is not something that everybody thinks about, but it is absolutely critical. The physical development of structures and their relationship to the transit station, the relationship with the structures to neighboring structures, as well as the public spaces such as the street, define that area's character. Think of your neighborhood street. Remove half the buildings. It feels very different than it did before. Zoning regulations dictate what those buildings look like and the mix of uses within those buildings. Therefore, zoning regulations help define the character of the area, and you want to make sure that you have the right ones in place, because TOD is walkable, it's pedestrian oriented, it's active, 69 2/24/09 - RULES - BILL 080949, etc. inviting. Blank windowless walls, buildings set back behind parking lots, signage clutter, oversized signage are not characteristic of TOD, and if you don't have the right regulations in place, it's possible that you can get that type of development. The second reason that zoning is very important, we feel zoning is very important -- and this is something that Mr. Redding touched on a moment ago -- is that a one-size-fits-all approach to TOD is not going to be successful across the transit corridor. There are two parts to that. One is that the regulations around a transit-oriented development are going to be different than those that exist in your other commercial and residential districts. And not only that, they're going to differ from your mixed-use, pedestrian-oriented districts, because transit has that special -- the transit stations have that special feature. They have the station. They have that center 70 2/24/09 - RULES - BILL 080949, etc. of activity. They have that ability to reduce the vehicle usage and promote pedestrian activity. And proper zoning regulations need to reflect this difference. A park-and-ride commuter station on the north side of the City will develop differently than the transit stations right outside of City Hall and will develop differently than the ones near a university, and all of -- and zoning needs to be sensitive to that. In conclusion, I want to applaud the Committee for discussing this important topic, and hope that the information I've provided for you today is useful in your further discussions. I'll be happy to answer any questions.

Thank you very much for your testimony. During the course of your testimony when you were talking about eyes on the street and retail first floor and residential on the second and third 71 2/24/09 - RULES - BILL 080949, etc. and transit lines and stops, you were describing where I live. And we weren't TOD because we really didn't know about TOD. I just happened to be lucky enough to move onto the street that I moved on to years ago, which was the 1600 block 8 of South 11th, which has the longest, I 9 think, trolley/bus line in the country, 10 the 23, and three blocks from the Broad 11 Street Subway, which allows me the 12 opportunity to walk in my neighborhood to 13 get on the bus and go to Center City or 14 the subway to go to Center City or the 15 sports complex and have retail, 16 restaurant amenities that you don't get 17 in a lot to neighborhoods and which every 18 neighborhood should have an opportunity 19 for. So I do see firsthand as I come out my house, with the exception of the New Jersey commuters who are parking their cars to take -- COUNCILMAN DiCICCO: Using the center of Broad Street.

Well, no. 72 2/24/09 - RULES - BILL 080949, etc. On my street actually, on a very cold day on my street what you will see is when the bus hits 11th and Morris, about 15 5 car doors open, because the people are 6 waiting in the warm car to get on the 7 bus. But that's our permit parking issue 8 my neighbors don't want to have. That's 9 another whole -- but my point to your 10 testimony was that it really resonated 11 with me personally because I have a 12 personal experience with it, luckily have 13 a personal experience with it, because I 14 was lucky enough to move where I did. 15 Councilman DiCicco. 16 COUNCILMAN DiCICCO: Thank you, 17 Mr. Chairman. I echo your comments, and 18 being a few years older than you, I 19 recall a couple blocks from where I was 20 born and raised and where I still live, 21 the 11th and Washington Avenue or the 22 Washington Avenue corridor when we had 23 many factories that manufactured all kinds of products, from licorice to paper products to clothing, and growing up as a 73 2/24/09 - RULES - BILL 080949, etc. kid in that neighborhood, most of the people in my neighborhood worked in those factories, so they literally walked two, three, four blocks away. My question has to go to the transportation systems. Do conversations take place as to the types of modes of transportation that may actually be more attractive and more user friendly? As an example, you can come out of here and look east on Market Street, especially the hours from around 4:30 through 6 o'clock in the evening, and you will see what looks like -- someone referred to it as a line of washing machines or refrigerators, all these white SEPTA, New Jersey Transit buses that are literally from the front door of City Hall as far east as 4th and 5th Street, 5th Street, 4th Street, sometimes even 3rd, literally back to back. It is a horrible sight, number one, but it's certainly for me, I find it to be -- I would suggest that it would probably be intimidating for people 74 2/24/09 - RULES - BILL 080949, etc. who have to shop there as well. It's just not a good feel. For the years or so that 5 I've been here, I've been advocating for 6 going back to some of the old 7 transportation systems. SEPTA 8 continually argues that trolleys are 9 non-functional, although other cities 10 have used them. And the 23 line that 11 Councilman Kenney spoke about being the 12 longest in the country, little by little 13 they keep covering the tracks, which 14 means they never want to bring these 15 trolleys back. But we're moving from a situation where we're becoming more, hopefully as a nation, more sensitive to the environment. We talk about alternative fuels. We talk about electric cars, but our transportation system is moving away from electricity and going to diesel fuel. So I just kind of -- how does that fit in? Are those things that are 75 2/24/09 - RULES - BILL 080949, etc. important to what the TOD would be? Are there conversations, and what could we do to maybe encourage the antiquated thinking of SEPTA to be a little bit more concentrating -- if there's SEPTA people here, I apologize, nothing personal -- but to be a little bit more conscious about people who live within the City, which has high concentrations of pollution, and not be so concerned about the high speed rail lines to get people out of the City into the suburbs. What about us?

Let me first say that I'm an urban designer and planner. I'm not a transit or transportation expert, but I'm going to answer part of the question that I feel I'm qualified to answer in terms of what type of transit are most appropriate for TOD. And the answer is, all kinds. Most transit-oriented development that's occurred throughout the country occurs at rail stations, and that's because that is 76 2/24/09 - RULES - BILL 080949, etc. where kind of the largest concentration occurs. That said, you can do transit-oriented development around a cluster of bus lines, a cluster of trolley lines. You just need to make sure that there's enough service there to warrant the concentration of commercial and retail and residential activity. Just a bus stop by itself, you generally don't build -- you wouldn't designate a giant transit-oriented development boundary, quarter mile, half mile, based on one line -- or excuse me, one stop for a bus, where you can do that for rail because of the quantity of people and the frequency of the stops and those type of things. But in terms of the second part of your question, I'm just -- I am truly just not qualified to discuss those portions, and I apologize for that. COUNCILMAN DiCICCO: Okay. Just for full disclosure, my youngest son 77 2/24/09 - RULES - BILL 080949, etc. is a member of the SEPTA Board, but he's in the minority and has not been able to move that agenda. I just really -- it's kind of not where we are, but I think it all fits part of the package. The Morris Street/Tasker line, as Jimmy spoke to, was an electric bus line. They got rid of that. They put diesel buses on the street. Nothing makes sense.

I think that it's also important that -- transit areas are different, and we keep saying this one-size-fits-all, and that's very true, and one of the things that we've looked at with Reconnecting America and the Center for Transit-Oriented Development, the work that they've done is, they've kind of divided different transit stations and kind of designated them as place types. And they look at things like the concentration of development that occurs around them, as well as their service. You would expect a regional 78 2/24/09 - RULES - BILL 080949, etc. station to have a train line that serves more than just a 20-block up and down corridor. It has -- there's the importance of regional service and the bus lines and the trolley lines and all those feeders versus more of a neighborhood type of transit station where it could be one line that just runs from one side of the City to the other.

Just as an aside, Councilman, your problem with the Market Street New Jersey bus lineup is exacerbated by the fact that we can't seem to get control over the triple parking across from City Hall and Dunkin Donuts and the Marriott, which causes the SEPTA bus to lay up in the third lane as opposed to where they should be laying up. So, I mean, a lot of this stuff that aggravates us every day getting to work is really kind of people abusing where they're parking and all those other kinds of things, because I've had ongoing disputes with many folks outside their 79 2/24/09 - RULES - BILL 080949, etc. double, triple parking from the fire hydrants, stacking up the valet parking people. I mean, all that stuff just adds to the congestion and the inability for traffic to move around City Hall like say, for example. Thank you. Any other questions for this witness? (No response.)

Thank you very much for your testimony.

Thank you.

Mr. Bickel and Mr. Comati, please. And whoever else with SEPTA is with you can please come up. (Witnesses approached witness table.)

Good morning.

Good morning. Please identify yourself.

Councilman Kenney and members of the Committee, my name is Richard Bickel. I'm Director of the 80 2/24/09 - RULES - BILL 080949, etc. Planning Division at the Delaware Valley Regional Planning Commission. DVRPC is the federally designated metropolitan planning organization for the nine-county, Philadelphia, Camden, Trenton region, and we undertake a variety of planning studies. We program capital improvements, and one of our key goals is to link land use and transportation, and we think a great way to do that is through transit-oriented development. The City of Philadelphia and the Southeastern Pennsylvania region have an extensive rail and transit system - SEPTA, PATCO, New Jersey Transit and Amtrak - that is often taken for granted by both daily riders and the public in spite of the multiple benefits created by having this transit system in place. A major focus on DVRPC's recommended policies and plans is to link land use and transportation while emphasizing revitalization of our core cities and 81 2/24/09 - RULES - BILL 080949, etc. older suburban places rather than continued sprawl. In terms of linking land use and transportation, one way to accomplish this goal is through TOD. DVRPC is a strong proponent of TOD as a key component of short-term and long-term planning for Philadelphia and the region. TOD is an approach to implement regional, county and local plans while supporting public transit agencies, promoting transit ridership and benefiting the environment. We believe TOD can help communities and neighborhoods to achieve both development and mobility benefits. We hope that City Council working with the City Planning Commission, the Zoning Commission and the Mayor's Office will unite to shape TOD zoning provisions and stand ready to assist this effort where we can. TOD can be defined as compact, mixed-use, pedestrian-scale development oriented around or to a rail or transit station, usually within a quarter mile 82 2/24/09 - RULES - BILL 080949, etc. radius, but which can be much smaller in an urban setting like Philadelphia that promotes transit ridership. The benefits of TOD planning and implementation include reinforcing community identity, supporting environmental goals such as air quality and energy savings, and promoting development patterns that increase transit ridership and reduced auto use. When I think of TOD, I think of the power of partnerships, whether they involve local governments, a county, a public transit agency or a development. Partnerships create the formal and informal linkages that enable and facilitate TOD to occur. In the absence of such a partnership, successful TOD becomes difficult, if not impossible. DVRPC has been working since 2000 on a variety of activities, working closely with SEPTA and our counties, and our approach includes advocacy, education, partnerships and funding. 83 2/24/09 - RULES - BILL 080949, etc. We've prepared a region-wide assessment of TOD potential at 45 stations in Pennsylvania and New Jersey. We provide educational information for municipal officials. We provide grant funding to local governments to prepare TOD plans and zoning districts through our Transportation and Community Development initiative, and DVRPC staff was also involved in drafting and helping to enact Pennsylvania's Transit Revitalization Investment District Act in 2004. The TRID program is administered by the Department of Community and Economic Development working with PennDOT. TRID provides a "how to do it" approach for interested municipalities working in partnership with public transit agencies and the development community to plan for and implement TOD. Eight TRID planning studies are underway around the Commonwealth, including two in Philadelphia, 46th Street and Temple University, which have been advanced by 84 2/24/09 - RULES - BILL 080949, etc. NeighborhoodsNow. These projects are being funded by DCED and PennDOT, as well as DVRPC.

TRID-designated communities that advance to the implementation stage are to receive priority for planning and implementation grants and technical assistance from State agencies. In spite of these positive steps, there are still barriers to TOD, and DVRPC staff are continuing to work with our member governments and transit agencies to overcome them: lack of development receptivity, parking issues, traffic generation issues and NIMBY concerns. So in conclusion, we think that and hope that City Council will advance the proposed TOD zoning and would be happy to get involved in that process. Thank you very much.

Thank you very much for your testimony. Any questions for this witness? (No response.) 85 2/24/09 - RULES - BILL 080949, etc.

Seeing none, please identify yourself for the record.

Yes. Good morning. My name is Byron Comati. I'm the Director of Strategic Planning and Analysis for Southeastern Pennsylvania Transportation Authority, SEPTA, here in Philadelphia, and on behalf of the transit agency, I would like to represent a strong show of support and endorsement for transportation-oriented development in the City of Philadelphia and indeed within the whole SEPTA service region. TOD is a key approach to invigorating a neighborhood in that the transit station becomes the hub or the focal point for a range of other activities to grow and become established. Appropriate retail, community services, high-density housing should be encouraged to cluster around the station area. And there's obviously been testimony on that from earlier 86 2/24/09 - RULES - BILL 080949, etc. witnesses. To allow this to be more easily accomplished, SEPTA has engaged in collaborative efforts with NeighborhoodsNow in particular and the City's Office of Transportation Infrastructure, as well as the Planning Commission to move forward. Specifically, SEPTA is prepared to work with the City and NeighborhoodsNow to identify transit features that would improve the attractiveness of the station itself; for example, wayfinding information, better signage, lighting improvements, cameras and even access issues; in other words, features that would enhance the overall focal point of the station within the neighborhood itself. In addition, SEPTA is prepared to partner with local neighborhood groups, already existing retail and other entities, as well as local employers to help stimulate the area for smart 87 2/24/09 - RULES - BILL 080949, etc. development that would eventually foster ridership growth at the station, something we're always interested in. It should be noted that SEPTA, through my office in particular, has been working on a sustainability agenda for transit that has a strong focus on transportation-oriented development. NeighborhoodsNow and SEPTA have been in partnership on developing the appropriate approach for a particular type of transportation-oriented development that is known as Transportation Revitalization Investment Districts, TRID -- Mr. Bickel just referred to that -- within the City. TRID offers a funding mechanism and a basis for defining the area to be targeted for improvements that will eventually stimulate controlled and appropriate growth through zoning and development for today's urban living and foster a stronger sense of identity and generally enriched neighborhoods.

Thank you 88 2/24/09 - RULES - BILL 080949, etc. very much for your testimony. Any questions for this witness? Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Mr. Chairman. Good morning, gentlemen. Mr. Comati, you heard my comments.

I did. I did. COUNCILMAN DiCICCO: Any comment on what we were talking about? You talk about encouraging ridership attractiveness. And I'm not an expert on this, but I did have hearings years ago, and there are those who say that people are more inclined to use electric-powered trolleys, as an example, as opposed to the diesel buses and things of that nature. I mean, from an independent poll in my own neighborhood, most people would rather -- they either drive in town or go to New Jersey to shop, and one of the problems is, for whatever reason, they're just not comfortable in those big old 89 2/24/09 - RULES - BILL 080949, etc. buses. Now, just curious, are there any plans -- you know, with the new Administration in Washington and the emphasis on sustainability and the environment and, as I said earlier, my comment earlier to the lady who preceded you, we're moving away from fossil fuels. Is there anything in the works at SEPTA?

Sure. Councilman, if I could respond. There are a couple of things. Obviously you're well aware that SEPTA has embraced the idea of the hybrid technology for the bus. There will be as many as 480 hybrid buses in the City of Philadelphia and the suburbs within the next two and a half, three years. The hybrid technology is proven. The hybrid technology is much better for the environment and for especially the atmosphere and its emissions. And although it is a more expensive vehicle, it certainly brings efficiencies and the right kind of approach to the environment 90 2/24/09 - RULES - BILL 080949, etc. in the City that we believe we should be pursuing. I will add that other modes, which you referred to, are being also reconsidered; in other words, trackless trolley in certain parts of the City and also what we like to call fixed guideway rail systems that you might probably know more as just trolley service. It's never that we've abandoned them. It's more an issue of how do we economically make them viable. There are a series of considerations that we have to balance and weigh up, as I'm sure you can imagine. But at this moment, we are looking at those types of alternatives to the more traditional bus in parts of the cities. COUNCILMAN DiCICCO: I actually have a lot more questions, but I'll probably keep it for another time. I know that there's a civic association in South Philadelphia who represent the area of Morris and Tasker Street who have been 91 2/24/09 - RULES - BILL 080949, etc. advocating to get the trackless trolley put back in service. As I said, I've been an advocate for the line. The 15 5 line got put in place, but I guess that 6 Councilperson had a little bit more juice 7 than I did, no pun intended. 8 But the sustainability and the 9 issue of the cost, again, we'll have this 10 in much greater detail later on. My 11 understanding is that the average life 12 expectancy of a bus, whether it's a 13 hybrid or non-hybrid, is somewhere around 14 five, six, seven years maybe. 15

Well, technically 16 from the FTA, Federal Transportation 17 Administration's perspective, it's more 18 like ten years. 19 COUNCILMAN DiCICCO: As 20 compared to a trolley, which is 40 to 50 21 years. 22

Well, can be if 23 tended correctly and maintained and rehabilitated, you can go to 20 years with those, that's true. 92 2/24/09 - RULES - BILL 080949, etc. COUNCILMAN DiCICCO: Thank you. No further.

Thank you very much. I understand Councilman DiCicco's concern, and he's been expressing it for a long time. I think it has to do as much with philosophical issues of electric versus diesel versus some other method. But just as someone who uses SEPTA on a regular basis, I think you guys have really made great improvements in the quality of service and in the timeliness of service and the condition of even though it's a bus, even though it's a bus, they're clean. And I find that one of the complaints that I hear about Philadelphia or SEPTA relative to New York or London or Paris or Washington, DC, is the issue of cleanliness. And as a regular user of SEPTA, I can tell you that the reason they're dirty is because the people who ride them leave their trash and eat and 93 2/24/09 - RULES - BILL 080949, etc. dispose of and -- I mean, just really don't take their stuff with them. I mean, in every transit stop and every subway and El stop, there are trash cans, and to just leave, go out the door and put it in the trash can is not a complicated effort. And I recognize that as these buses and trolleys and subways go into their bays at night, they're cleaned, and that's a labor-intensive effort, but we'd be much cleaner if some of our riders would just take their trash with them and dispose of it properly. So I don't want people to think it's -- I think SEPTA is a pretty good system and it really has a lot of extensive opportunities, and one of the things that I wanted to do this spring and I'm wondering maybe you guys could help, maybe all of us do this, is for us to start out somewhere at Suburban Station and maybe experience some of this regional rail, where it goes, what the connections are, where it ends up, what 94 2/24/09 - RULES - BILL 080949, etc. opportunities for synergies and for cooperation exists with the suburbs. I mean, we've had this constant -- we have two members of the Board. The suburbs control the rest of it. But maybe if we had some idea as to how we can kind of work together in a positive way, I mean, I was intending on doing that this spring and summer anyway, kind of jumping on the R5's and R7's and just see where it takes you and try to figure out where all these kind of connections can be made with the City. When I first started here, I was more a City centric person and Philadelphia only and all that stuff, which I really believe in still, but there's so many other opportunities in the region, and I think rail is really the way to kind of put it together. So with that said, any other questions? Councilman Greenlee.

Thank 95 2/24/09 - RULES - BILL 080949, etc. you, Mr. Chairman. I just wanted to second the Chairman's statements on SEPTA and the improvements there and the cooperation that they have certainly with me and I think with a whole lot of other people. I see Mr. Kelly over there and Ms. Jones particularly are our contacts there. And I appreciate your comments on TOD and certainly look forward to working with you and make it work as best as possible when we finally pass this bill. Thank you.

Thank you very much.

Thank you very much. Thank you for your testimony. Sam Sherman, Marilyn Wood and James White. (Witnesses approached witness table.)

Whoever would like to start, please identify yourself for the record and proceed. And 96 2/24/09 - RULES - BILL 080949, etc. I would like to just ask you again, if testimony has been already made in regard, please do not repeat the testimony and try to kind of synopsize your testimony the best you can. Please identify yourself for the record.

My name is Sam Sherman. I'm a Board member of NeighborhoodsNow. I wear many different hats, I think as you're all aware. I'm also the President of the BIA and I'm also a Board member of the Congress for the New Urbanism, a national organization that promotes many of the design principles that are incorporated in the TOD. I'm also a developer in the City of Philadelphia, and one of the things that has not been brought up throughout this testimony and I think it's important to note is that the economy is facing a perfect storm, and at the root of that storm has been the implosion of the housing market, and the housing market is 97 2/24/09 - RULES - BILL 080949, etc. suffering to varying degrees throughout the country. If you look at Phoenix, if you look at Las Vegas, if you look at the sprawl cities of the Sunbelt, the common thing, the common thread with their real estate market collapsing and essentially taking the rest of the economy with it is the fact that they are sprawling and the physical form which has been deployed in those cities does not support transit. That goes back to the cost of energy. I am of the opinion, and history is starting to prove me correct, that the housing market began to deflate at the end of 2005 when gasoline prices hit $3 a gallon shortly after Hurricane Katrina. Gasoline prices stayed high for the rest of the year leading into 2006, and we all know what happened last year, it went to $4 a gallon. There is a direct correlation between the cost of energy and what's happening in the housing market today. Higher energy costs eat into a family's 98 2/24/09 - RULES - BILL 080949, etc. budget. It undermines the value of the real estate that is completely and totally dependent on private automobiles. So if we take that conversation back to Philadelphia, our competitive advantage in this city right now is an extensive and very finely grained transit system. As a developer, every project that I am currently looking at in the City of Philadelphia, the criteria that I employ is if I can't get to it by subway, bus or trolley, I don't consider it a viable development model. I do not own a car. I walk or take transit everywhere I go, and on the occasion that I do need a car, I utilize PhillyCarShare. So that being said, I think it's important to note that this is an economic development tool for the City of Philadelphia, because as demographics change, you have to understand that there is an oversupply of single-family homes in the suburbs geared towards a mother, a 99 2/24/09 - RULES - BILL 080949, etc. father and two or three children. That market now only represents percent of 4 the population of this country. The 5 other 75 percent are willing to take a 6 look at urban housing and higher-density 7 housing, because the costs associated 8 with that ownership are typically lower, 9 they're more energy efficient, and in the 10 case of TOD, you can separate your 11 reliance or you can cut your reliance on 12 cars. 13 My own personal situation is 14 that I gave up my car three years ago. 15 That netted me an extra $800 a month. 16 Now, if you take that $800 a month and 17 apply that to the purchasing power to buy 18 a home, at today's interest rates you're 19 talking somewhere around a 130 to 140 20 thousand dollar mortgage. Now, of 21 course, that's without taxes and 22 insurance, but you can see what this 23 means, this implication that we are 24 wedded to our cars. 25 I believe the conversation is 100 2/24/09 - RULES - BILL 080949, etc. shifting, and I think it was mentioned before that Philadelphia seems to be behind the curve when it comes to progressive ideas and policies. The one advantage to that is by the time we adopt it, we get the best of what's out there, because everybody else has made the mistakes. So with that being said, I support TOD. I live it every day. And I believe as a developer, it is an opportunity for my community and my market to expand and grow. Thank you very much.

Thank you very much. Please identify yourself for the record.

Good morning --

Good morning.

-- honorable members of City Council, staff and citizens of Philadelphia. My name is Marilyn Wood 101 2/24/09 - RULES - BILL 080949, etc. and I am the Southeast Regional Director of a statewide advocacy organization called 10,000 Friends of Pennsylvania, and we are an organization that is interested in rebuilding Pennsylvania's economy by promoting strategies and policies that help cities and towns create more healthy and sustainable economic futures. And we also seek to discourage policies and strategies that allow public resources to incentivize sprawling developments in our formerly wooded areas and our farms and open space. And I'm testifying today because my organization is convinced that planning and zoning policies and strategic targeting of public dollars to incentivize transit-oriented development is tremendous public policy. I won't say all the benefits of TOD, because that's already been stated, but I want to emphasize why those public benefits are potential for Philadelphia. And that's because there is a huge market 102 2/24/09 - RULES - BILL 080949, etc. for this type of development. Sam just mentioned that he knew there was a market, and I want to flesh out some of the things that he said with some of the kinds of studies that have been done and documented about the market for housing near transit. The National Survey on Communities conducted in 2004 for Smart Growth America and the National Association of Realtors asked people to choose between two community types. The first, Community A, was a standard suburban pattern with single-family homes on large lots, no sidewalks, shopping and schools located a few miles away, commutes to work of 45 minutes or more and no public transit, which is the type of community that Sam just described as suffering right now. The second kind of community was a type of community where many of us live in Philadelphia with transit rich, schools within walking distance, commutes 103 2/24/09 - RULES - BILL 080949, etc. of less than 45 minutes. And 55 percent of Americans expressed a preference for the second type of community. And that percentage increased to 61 percent among those thinking of buying a house within the next three years. The similar consumer preference surveys of U.S. households in 2003 and 2005 produced comparable results. While demographers estimate that as much as 30 percent of the housing demand in the next two decades will be for residences in dense, walkable communities that are transit rich, less than two percent of the current new housing starts right now are falling into this category. So this presents an incredible opportunity for Philadelphia. Reconnecting America projects that Philadelphia region will see a 65 percent growth in households living within a half mile of transit in the next 20 years. In 2000, 496,000 of the 104 2/24/09 - RULES - BILL 080949, etc. region's households lived within a half a mile of transit. By 2025, it is expected that as many as 820,000 households, nearly doubling, will want to live near public transit. That means that this is a tremendous market opportunity for Philadelphia to prepare to attract those people and to find places for them that they can have the kind of housing they desire. Also, the transit-rich communities in Southeastern PA and Philadelphia, we found through a study that was done by Temple University that transit riders for suburbs along the commuter rail lines, the real estate values are higher amongst transit riders than they are amongst those that can't get to transit. So in closing, I just wanted to underline that in addition to the environmental and health and community benefits that can be had in terms of affordability for TOD, the market is 105 2/24/09 - RULES - BILL 080949, etc. there for Philadelphia to really thrive in redevelopment by employing this policy. So thank you very much.

Thank you very much for your testimony. Would you please identify yourself for the record and proceed.

Good morning.

Good morning.

My name is James White, and thank you for the opportunity to testify. The Philadelphia Association of CDCs is an organization of about 80 community development corporations and non-profit organizations. I'll probably echo a lot of what's been said, so I'll just summarize briefly what the key points are of my testimony to expedite this hearing along. I would like to focus our testimony on, we really believe that 106 2/24/09 - RULES - BILL 080949, etc. there is a need to create TOD projects in the City to help revitalize our neighborhood and that CDCs are currently working in some of these neighborhoods already to do this work. The caveat being here that we believe that the City should link proposed TOD projects to the City's affordable housing goals and initiatives, emphasizing investment in designated areas where private sector resources and public affordable housing funds can be maximized when combined with sustainable development initiatives. Furthermore, TODs should be gateways to our neighborhoods, increasing opportunities for our residents to have opportunities and access to higher-quality goods and services, as well as access to jobs here in the City and jobs elsewhere. There are a number of CDCs already doing this work. I'll just name a few of them: the Enterprise CDC, Enterprise Heights Real Estate 107 2/24/09 - RULES - BILL 080949, etc. Development Company, Ogontz Avenue Revitalization Corporation and the Asociacion of Puertorriquenos en Marcha. We believe the City needs to put a more supportive infrastructure in place if we want to fully take advantage of this opportunity for transit-oriented development. Thank you for your time.

Thank you very much for your testimony. Councilman Greenlee.

Yes. Very quickly. Mr. White and all of you, including the -- it's the former committeeman of the 15th Ward, 17th Division, Mr. Sherman, thank you. Now, Mr. White, I think you raise an excellent point, and Councilwoman Brown and I were both shaking our heads while you were speaking, about linking it with the overall development and where it's most needed, and that's certainly something I 108 2/24/09 - RULES - BILL 080949, etc. think we should continue to work on and link. If we can link the various needs together, I think it works better for everybody. So, again, thank you for that suggestion. I think we're certainly going to move in that direction.

Thank you, Councilman.

Thank you very much for your testimony. Councilwoman Brown.

Thank you, Mr. Chairman. I would change "if" in that direction to "we have to" move in that direction. All of your testimony was extremely informative, and delighted to see a developer leading by example on being green and sustainability and --

In this economy you have to be.

So where is the ripe or right opportunity to 109 2/24/09 - RULES - BILL 080949, etc. connect your important recommendation with this process? Would it be at the Planning Commission meetings, or where?

I think we need to work at it on every level. Clearly at the Planning Commission meetings where we've attended, and we have a number of members who sit on several key committees within that group, but also I think we need to look at what we're doing across the board. This opportunity that we have with TOD, other cities have taken advantage of mixed-use development to provide affordable housing linked to, as I know the Councilwoman likes, to green building. So there's tremendous opportunity. I think of my native Chicago where this was done several years ago in poorer neighborhoods. It revitalized the west side, and it changed that neighborhood forever and its commercial corridors. So I think here in Philadelphia 110 2/24/09 - RULES - BILL 080949, etc. where we have a great asset in SEPTA, as we've all recognized for a number of years, that we have a tremendous opportunity by moving this initiative forward to begin to revitalize our neighborhoods and to build the type of developments that will be sustainable over a period of time and create jobs for our neighbors.

So philosophically we're there, but in a practical sense, how do we make sure those dots are connected? That's my question. And maybe that question is more appropriate for the City Planning Commission, but it's important to put it on the record here. But at what juncture do you register that formally with the City Planning Commission? Might it be more appropriate for the City Planning Commission to respond to that?

Mr. Redding, do you have a comment on 111 2/24/09 - RULES - BILL 080949, etc. that? Maybe you could come up.

And particularly in view of the fact that 5 percent of the housing stock in the 6 suburbs is not like the rest of the 7 world. I mean, that's an important 8 reality we need to reckon with as a 9 municipality. 10

Yes. Good 11 morning again. I'm Richard Redding, 12 Director of Community Planning Division 13 at the Planning Commission. 14 A few comments. I agree that 15 affordable housing can be part of TOD 16 centers, that it can be part of a 17 mixed-use framework. Affordable housing 18 and mixed-income housing I think would 19 fit in great with the concept. 20 In terms of the Planning 21 Commission moving on TOD, zoning is one 22 aspect, and I think we should meet 23 immediately with Councilman Greenlee 24 and -- 25

Flesh out. 112 2/24/09 - RULES - BILL 080949, etc.

-- help make his bill go forward.

As strong as possible.

And I'd like to also share with the Councilman the overview presentation that we did at our Planning Commission meeting, which really sets a departmental policy favoring TOD. But zoning is not 100 percent of TOD. It can also be seen as a design concept or a design direction. In my testimony, I said that our agency -- at our Commission meetings, we're frequently commenting on major developments, either for zoning change or for a zoning variance or for -- there's another reason that escapes my mind. So we're making decisions regularly on major developments, and we need to review them through the lens of TOD principles. Any time that major developments are close to transit stations, we need to look at them in terms of walkability, in terms of 113 2/24/09 - RULES - BILL 080949, etc. connection to the transit station, in terms of mixed use, in terms of density, the same principles that I talked about.

And then we hear the principle of affordable housing. So is that a part of the equation or part of the discussion customarily, like is that a standard operating procedure for major planning initiatives that the department looks at?

Well, yes. We're very much involved in the production and planning of affordable housing in all of the neighborhoods. In my testimony, I didn't refer to affordable housing in relation to TOD, but you're making a really good point, and it can definitely be part of the mix.

And so, again, I'm just trying to make sure it happens, because we can talk about it here, but if the dots don't connect after today is over, this time has not been well spent. 114 2/24/09 - RULES - BILL 080949, etc. So who has the responsibility to make sure that that happens? Is it Mr. White's organization? Is it a standard operating procedure within Planning? How can this sponsor of this bill be assured that that aspect of this discussion is a part of the pie?

Within City government, leadership is happening from City Council, from Commerce Department and from Planning Commission. And at the Planning Commission, it would be Alan Greenberger, our Executive Director, who reviewed my testimony and supports the testimony. He has a schedule conflict, so he couldn't give the testimony himself.

Sure. Okay. That gets close to where I want us to be.

I guess the bottom line is, we need to sit down as soon as possible and talk about all these things so they're still sort of 115 2/24/09 - RULES - BILL 080949, etc. warm in everybody's mind, I guess. And Mr. Greenberger did -- Mr. Redding, you're right -- call me and say while he couldn't come himself, he echoed the statements that the Planning Commission certainly supports the concept of the bill, had some questions, which I understand. As I said from the very beginning, this bill I never said was sacrosanct -- no bill is -- but we certainly want to move, and I think the hearing has shown today how many people care about this and the good ideas that have been offered to it. So thank you. Yes, ma'am. Quickly, because we have a few more witnesses.

I just had two comments about practices that have been implemented at other places around affordable housing and TOD. One is a value capture, because we noted that there's a strong market around TOD. You can use inclusionary housing-type 116 2/24/09 - RULES - BILL 080949, etc. policies or other things like that in order to force the mix. The other thing I wanted to mention is that in a lot of neighborhoods in Philly, there are already a lot of affordable housing units around transit and it's going to be important to protect the affordability that's already there.

Good point. Thank you. Thank you very much. Thank you all for testifying. I have one more panel, and I hope I get these names right. I apologize if I mess this up. Lee Huang from Econsult, Rose Gray -- I don't see Rose -- from APM and Omowale Crenshaw from the Enterprise Center. (Witnesses approached witness table.)

Mr. Huang, I have you first, so if you'd like to start, or whoever. And, again, I just repeat what the Chairman had earlier said. If you have written testimony, we 117 2/24/09 - RULES - BILL 080949, etc. can make it part of the record and if you could just paraphrase in the interest of time, we'd appreciate it. Thank you.

Lee Huang, H-U-A-N-G, Director of Econsult Corporation. One of the nice things about going towards the end is, everything good has been said already, so I don't need to say as much. I do have written testimony. Please have it passed through. I did want to make three points. First, I wanted to connect this issue to the broader issue that everyone has been talking about nationally, this notion of stimulus and infrastructure.

Do you have copies, sir?

I can give it to you at the end.

That's fine. I thought you meant we have copies. Sorry. Thank you.

So everyone has 118 2/24/09 - RULES - BILL 080949, etc. been talking about infrastructure. Who knew of such a sexy topic. Secondly related to transit, what we've noticed is some of these cities that have been talked about earlier have been spending billions of taxpayer dollars on measures to institute new infrastructure. Well, guess what? Here in Philadelphia we have great transit infrastructure. I would put the value of the SEPTA system somewhere north of $20 billion, which is not to say that we don't need some of that federal money coming our way, but to say that we have a lot of asset to build off of, and I think that's the whole notion of TOD. Secondly, it's been mentioned this notion of gas prices. Don't be fooled, gas prices are going back up. There is a very high probability that they will return to the $4 a gallon level by summer of 2010. There's a small possibility that they will shoot even further upwards if we have, say, some 119 2/24/09 - RULES - BILL 080949, etc. sort of geopolitical situation, some sort of environmental catastrophe, another natural disaster. And those sorts of things argue for high-density locations, if we're organized to take advantage of development looking for high-density locations. And then, finally, I would just note that while much of the TOD conversation nationally has focused on newer cities, downtowns, suburban areas, one of the things our firm has been very vocal about related to our work with NeighborhoodsNow is this notion of TOD as a neighborhood strategy, very much helping neighborhoods and working families from an affordability standpoint, from an access to other locations standpoint and from an aesthetics standpoint, which not only is a nice thing to live near but can reduce crime and increase perception of safety. So I'm very much a fan of TOD, and thank you very much for your time. 120 2/24/09 - RULES - BILL 080949, etc.

Thank you. Who would like to go next? Ma'am?

Good morning. My name is Jennifer Rodriguez. I'm Director of Community and Economic Development for Asociacion Puertorriquenos en Marcha. I present today on behalf of Nilda Ruiz, who is our CEO and President, and Rose Gray, who was unable to attend. I will summarize basically our testimony. APM, through its 39-year history, has sought to help families achieve their highest potential in life by providing social services, human services, as well as community and economic development. Over the last 15 to 20 years, we have leveraged over $70 million of physical improvements in the revitalization of our target area, which is located just east of Temple University's main campus in eastern North 121 2/24/09 - RULES - BILL 080949, etc. Philadelphia. A lot of that community is located really close to Temple, to transit; namely, the Temple regional rail station. APM does a lot of community-based planning, and it has been an early supporter of TOD practices. We in 2002 published a neighborhood revitalization plan that called for the creation of a TOD close to our community. Our community is primarily underserved, underemployed and undereducated, and we believe that TOD principles go a long way to helping these families not only have a more livable, walkable and healthier neighborhood, but it really does allow them to benefit financially from the non-reliance on cars. If you would imagine people that -- whose cars fails them, they cannot attend school or they cannot go to their jobs, and that's in many cases for populations like the ones we serve, it's really critical. They can lose a job 122 2/24/09 - RULES - BILL 080949, etc. because they do not -- they're not able to go. So having access and having those linkages between residential development, affordable housing, our underserved and disadvantaged communities to transit, ways in which you can lower the cost of living, those are things that we support, and policies like this one are in alignment with our Healthy Neighborhoods strategy and we support it. Thank you.

Thank you. Thank you very much. Mr. Crenshaw, I assume?

It's Omowale.

Omowale. I came close, didn't I? I'm sorry.

Again, not to repeat that which has already been said, I just want to highlight a few things. For those who don't know, the Enterprise Center is a business accelerator in West Philadelphia at 45th 123 2/24/09 - RULES - BILL 080949, etc. and Market Street. We've been out there and doing this business for almost 4 years now. We predominantly focus on 5 small business development, and we've now 6 migrated towards commercial corridor 7 development where we can now integrate a 8 lot of the technical assistance that we 9 provide for businesses with the growth 10 and development in the neighborhoods. So 11 we're really focused on commercial 12 corridor revitalization. And 13 specifically -- it's already been 14 mentioned by several people now -- our 15 project at 46th and Market Street, which 16 is called the Plaza at Enterprise 17 Heights. And to just kind of paraphrase, 18 the Plaza at Enterprise Heights I 19 personally am working on for four years 20 and the organization has been working on it for almost seven. At our location, which is the southwest corner of Farragut and Market Street between 46th and 47th Street, we've got four, maybe five different zoning classification. G-2, 124 2/24/09 - RULES - BILL 080949, etc. R-10, R-9, C-2 are the predominant ones, all within 30 or 40 feet of one another. As you know, West Philadelphia in that area was an old agricultural suburb. So what we really want to do is focus on revitalization. And to Councilwoman Blondell Reynolds Brown's point, we have several green components to our project. We have a comprehensive green roof. We're pursuing a LEED Gold certification. We have geothermal heating systems. We are pursuing now solar thermal systems as well to incorporate as many renewable energies as we can, because as an organization like ours and the APM as well, the more efficient our buildings are, the lower the operating costs and the increased longevity that those buildings have. So that's first and foremost. Secondly, we really want to use this opportunity on TOD to support the small business and the small enterprise 125 2/24/09 - RULES - BILL 080949, etc. redevelopment, to provide entrepreneur opportunities, but also job creation opportunities for local and regional residents. So that's predominantly what we want to focus on. So we enthusiastically support the proposed ordinance changes and the modifications to the commercial district section that Councilman Greenlee is proposing, and we'll do absolutely anything that we can from an organizational standpoint to assist in the growth and development of this conversation and working in conjunction with NeighborhoodsNow, DVRPC and others to really move this conversation forward. Thank you.

Thank you, Mr. Crenshaw. Thank you all for your comments. Any questions, comments? (No response.)

Again, 126 2/24/09 - RULES - BILL 080949, etc. thank you, and thank you for your patience and hanging in there. I know it's been a while. That's all I have listed to testify. Is there anybody else that wishes to testify on this bill today? (No response.)

Seeing none, before I recess, I just want to thank members of the Committee, Councilwoman Brown, for hanging in there, and also thank you to everybody who testified. Again, this is something that we're not going to forget about, we're going to keep working on, and hopefully before we take our summer break, we'll have it passed. I see Ms. Coleman shaking her head enthusiastically over there. So, again, thank you all very much, and Bill No. 080949 -- I'm sorry; Bill No. 080130 is recessed to the call of the Chair. Thank you. 127 2/24/09 - RULES - BILL 080949, etc. (Committee on Rules recessed at 12:00 p.m.) - - - 128 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 February 24, 2009, 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.)