COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, June 15, 20117 10:20 a.m. PRESENT: COUNCILWOMAN MARIAN B. TASCO, CHAIR10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE11 COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR.12 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE13 COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY14 COUNCILMAN JAMES KENNEY COUNCILWOMAN DONNA REED MILLER15 COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ16 COUNCILMAN FRANK RIZZO, JR. RESOLUTION 110459 - Resolution authorizing the18 Committee of the Whole to hold public hearings to review the Zoning Code Proposals of the19 Zoning Code Commission. - - -21 2
Good2 morning. The Council Committee of the3 Whole will come to order, and we will4 note that we do have a quorum, and we ask5 the Clerk to please read the resolution.6
Resolution 110459,7 resolution authorizing the Committee of8 the Whole to hold public hearings to9 review the Zoning Code Proposals of the10 Zoning Code Commission.11
Thank you.12 Our first panel will be Alan13 Greenberger, Eva Gladstein, Stella Tsai14 and Peter Kelsen.15 (Witnesses approached witness16 table.)17
Would you22 state your name for the record, please,23 and begin your testimony.24 DEPUTY
Good25 6/15/11 - WHOLE - RES. 1104591 morning, Madam Chairman. My name is Alan2 Greenberger. I'm Deputy Mayor for3 Economic Development.4 Before I get started, we have a5 number of our Zoning Code Commissioners6 with us today, and I'd like to recognize7 them. And it is always danger in doing8 this, because I've been checking off9 names and hopefully got everybody, but I10 think it's important that you know the11 broader -- Councilmembers know the12 broader representation here. And I'm13 going to just do this in alphabetical14 order.15 Appointed by the Chamber of16 Commerce, John Binswanger; appointed by17 the Mayor, Graciela Cavicchia; appointed18 by the Chamber of Commerce, Denise19 Earley; appointed by Councilwoman Miller,20 Wendella Fox; ex-officio to the Zoning21 Code Commission, Gary Jastzrab, the22 Executive Director of the Planning23 Commission; appointed by Councilwoman24 Krajewski, Peter Kelsen; appointed by25 6/15/11 - WHOLE - RES. 1104591 Councilwoman Sanchez, Anne Papageorge;2 appointed by Council President Verna, Guy3 Pigliacelli; appointed by the Mayor,4 Guillermo Salas; from the African5 American Chamber of Commerce, Sherman6 Toppin; appointed by the Mayor, Stella7 Tsai; appointed by the Hispanic Chamber8 of Commerce, Varsovia Fernandez; and9 appointed by Councilwoman Verna, Emanuel10 Kelly.11 Did I get all the Commissioners12 who are here? Is there anybody that I13 missed?14 I thought I got you, Guy.15 Yeah, I did.16 That's a small sampling who17 have been nice enough to come today and18 be here at this first testimony for the19 Zoning Code Commission. Thank you for20 indulging me. And obviously there are21 several other members and I want to also22 acknowledge Councilman Clarke, who has23 been an active member of our Commission,24 as well as Councilman DiCicco. I'm just25 6/15/11 - WHOLE - RES. 1104591 looking around the room. Thank you.2
6 The Commission is proud to present its7 Zoning Code Proposals to you today and8 appreciates the high level of involvement9 of a number of City Council members to10 date. Today I am joined at the table by11 Eva Gladstein, our Executive Director of12 the Zoning Code Commission; Peter Kelsen,13 Esquire, and Stella Tsai, Esquire, who14 are both Vice-Chairs of the Commission,15 and they'll be testifying later. A16 number of members of the Zoning Code17 Commission are also present in the18 audience, and I've introduced them. I'd19 be remiss if I did not thank Eva and the20 Commissioners for their service over the21 last few years. 25 6/15/11 - WHOLE - RES. 9 The current Zoning Code dates10 back to the early 1960s, and while it has11 been amended hundreds of times on a12 piecemeal basis, the only comprehensive13 revision took place almost years ago14 and was confined to Center City. The15 system is so broken that there is16 virtually no expectation on the part of17 residents or developers that the Zoning18 Code can support a predictable19 development process. The Zoning Board of20 Adjustment is burdened by approximately21 1,700 cases a year, far more than other22 cities of our size. 24 A review of the Zoning Board25 7 6/15/11 - WHOLE - RES. 6 The current Code often pits homeowners7 against developers in piecemeal battles8 that are costly and time consuming. 14 Recognizing that the current15 Zoning Code was not working for16 developers, for residents or for City17 Council, Councilmen DiCicco and Kenney18 introduced legislation in 2007 to create19 the Zoning Code Commission to undertake a20 comprehensive reform of the system. In21 February 2007, City Council unanimously22 approved Resolution 060716-AA proposing23 an amendment to the Philadelphia Home24 Rule Charter to create the Zoning Code25 8 6/15/11 - WHOLE - RES. 1104591 Commission, and providing for the2 submission of the amendment to the voters3 of Philadelphia. The measure was4 overwhelmingly approved by voters, with5 80 percent of citizens voting in favor of6 reforming the City's Zoning Code. The7 first meeting of the Zoning Code8 Commission took place shortly thereafter,9 in August 2007, and I might add has met10 monthly since then. Our last meeting11 last week was meeting No. 47. 13 Spurred by the creation of the14 Zoning Code Commission and Mayor Nutter's15 focus on planning, the City Planning16 Commission and the Zoning Code Commission17 developed an integrated planning and18 zoning process, initiating the19 development of the City's first20 comprehensive plan in 50 years and the21 creation of the Citizens Planning22 Institute, an outreach and educational23 arm of the City Planning Commission24 designed to provide citizens with25 9 6/15/11 - WHOLE - RES. 1104591 improved tools to participate in the2 planning and zoning process. It is3 interesting to note that many other4 cities throughout the United States are5 also involved in a comprehensive review6 of their zoning code and an update to7 their comprehensive plan or have8 completed such a process within the last9 five to ten years. 12 The Charter provides the13 principles that the Zoning Code14 Commission should apply to its work, and15 quoting from that, "The Commission's work16 shall be guided by the principles that17 the Philadelphia Zoning Code should be18 consistent and easy to understand, should19 help shape future construction and20 development and should enhance and21 improve Philadelphia's development22 approval process while encouraging23 positive development and protecting the24 character of Philadelphia's25 10 6/15/11 - WHOLE - RES. 11 In addition, we are providing12 supplemental written materials and13 electronic tools that will assist City14 Council with its review of the proposed15 new Zoning Code.
These materials, which16 do not require City Council's approval,17 are, one, a draft Zoning Map Revision18 Plan, required by the Charter and which19 requires the approval of the City20 Planning Commission within 180 days; two,21 the template of something we're calling22 the Zoning Administrative Manual, a23 "how-to" companion piece to the Zoning24 Code that navigates citizens and25 11 6/15/11 - WHOLE - RES. 1104591 investors through Philadelphia's zoning2 process through a step-by-step guide;3 and, three, the Table of Contents of4 regulations for the Philadelphia City5 Planning Commission, Zoning Board of6 Adjustment and Department of Licenses and7 Inspection that will help implement the8 new Code. 14 After four years of work,15 hundreds of meetings and thousands of16 comments, the Zoning Code Commission17 determined that the proposals were ready18 for the next step of the Charter-mandated19 process, review by City Council. 24 Exhibit A to the resolution25 12 6/15/11 - WHOLE - RES. 4 These are the documents that require City5 Council approval. 25 13 6/15/11 - WHOLE - RES. 1104591 Today's hearing fulfills the2 Home Rule Charter requirement that City3 Council hold a public hearing within 454 days of the Zoning Code Commission5 issuing the Zoning Code Proposals. At6 the close of the hearings, City Council7 has the opportunity to adopt a resolution8 with recommendations for consideration by9 the Commission. 19 As Council reviews our20 proposals and hears from the public, we21 are seeking your input. 24 Solicitation and integration of feedback25 14 6/15/11 - WHOLE - RES. 11 Section 14-900, Sign Controls,12 is a reorganization of the sign controls,13 scattered throughout the current Zoning14 Code and now consolidated in one section,15 with tables that make it easier to16 understand the controls. However, the17 controls themselves have not undergone18 substantive review because the Zoning19 Code Commission did not have the20 resources to complete this task within21 the timeframe allotted. A working group22 comprised of representatives of seven23 City departments and the Zoning Code24 Commission began to review this Code25 15 6/15/11 - WHOLE - RES. 1104591 section in August 2010. 9 The second one is the Historic10 Preservation Ordinance, which is included11 as Section 14-1000 of the Zoning Code12 Proposals. 16 Before I close, I would like to17 briefly review the transition that we18 recommend between the current Zoning Code19 and the new Zoning Code. The draft20 ordinance that we provided with the21 Zoning Code Proposals calls for a22 six-month transition process. After the23 first 90 days, zoning applicants would be24 able to choose between using the current25 16 6/15/11 - WHOLE - RES. 1104591 Zoning Code in its entirety or the new2 Zoning Code. 12 After 180 days, the new Code13 would go into effect and, one, zoning14 applicants would be required to use the15 new text; and, two, the conversion of old16 zoning districts to new zoning districts17 would go into effect. I want to clarify18 that this is not a remapping process, but19 a conversion to new text that will result20 in some changes to dimensions and21 permitted uses. This is no different22 than the zoning text changes that City23 Council makes during its routine course24 of business. Any zoning remapping; that25 17 6/15/11 - WHOLE - RES. 8 In closing, we appreciate the9 level of complexity that a review of the10 draft Zoning Code presents. The members11 of the Zoning Code Commission have been12 living and breathing this material for13 close to four years, and we understand14 how difficult it is to keep track of each15 and every detail. Thus, we offer the16 full wealth of our knowledge and17 experience to you as you proceed through18 these hearings. 25 18 6/15/11 - WHOLE - RES. 1104591 It's our sincere hope that City2 Council can complete this review, send3 its recommendations back to the Zoning4 Code Commission, all by early in the fall5 of this year.
This will enable us to6 return a final report to you for your7 action in this calendar year. 14 I have asked Eva Gladstein,15 Executive Director of the Zoning Code16 Commission, to provide an overview of the17 substantive changes in these proposals,18 followed by brief presentations by Peter19 Kelsen and Stella Tsai to familiarize you20 with the process that the Zoning Code21 Commission has used to carry out its22 mandate. Following Peter and Stella,23 there is a second panel consisting of24 Commissioners Kelly, Papageorge and Salas25 19 6/15/11 - WHOLE - RES. 7
Thank you8 very much for your time and effort.9 Good morning.10
Good morning,11 Madam Chairwoman and members of the City12 Council. My name is Eva Gladstein. I'm13 Executive Director of the Zoning Code14 Commission. Thank you for the15 opportunity to present testimony today on16 the Zoning Code Proposals. My goal today17 is to give you a sense of the major18 changes that are embodied in these19 proposals and how they address the20 Charter mandate to create a zoning code21 that is, one, consistent and easy to22 understand; two, enhances and improves23 Philadelphia's development approval24 process while encouraging positive25 20 6/15/11 - WHOLE - RES. 5 We took a number of steps to6 create a zoning code that is consistent7 and easy to understand. First among8 these is the reorganization of the Zoning9 Code from its current 21 chapters to 1010 chapters that clearly identify the11 contents within them. No longer will you12 have to search multiple places to find13 definitions. They'll all be in the14 section entitled Definitions. 18 We are also making abundant use of maps,19 tables, charts and illustrations. To20 learn what uses are permitted in a21 particular zoning district, you will be22 able to use a simple table that indicates23 Y for yes, N for no or S for a special24 exception, which is a new name for our25 21 6/15/11 - WHOLE - RES. 1104591 current certificated uses. The names of2 the zoning districts themselves will also3 provide more information. For example,4 the residential district names will5 inform you as to whether they permit only6 single-family homes or single-family and7 two-family homes or multiple-family8 housing. 11 Another significant way in12 which the new Code has been simplified is13 that we have reduced the number of zoning14 districts and overlays by consolidating15 zoning districts that are not mapped or16 that are very seldom used and17 reorganizing multiple overlays with18 similar controls into three master19 overlays. We are recommending that the20 number of zoning districts be reduced21 from the current 58 to 34, which consists22 of 16 residential districts, seven23 commercial districts, six industrial24 districts and five special purpose25 22 6/15/11 - WHOLE - RES. 1104591 districts. We are recommending that the2 number of zoning overlays be reduced from3 48 to 13. 8 The second set of changes aims9 to enhance and improve Philadelphia's10 development approval process while11 encouraging positive development and12 protecting the character of13 Philadelphia's neighborhoods. 22 One of the major tools that's23 in the Zoning Code Proposals is a set of24 universal mandatory standards for25 23 6/15/11 - WHOLE - RES. 1104591 specified uses, accessory structures and2 accessory uses, all designed to mitigate3 potential negative impacts. The draft4 includes use-specific standards for5 community homes, family-based day care,6 take-out restaurants, wireless antenna,7 gasoline stations and junk and salvage8 yards, just to name a few. There are9 many more. 14 Another strategy is designed to15 free up some of the clutter at the ZBA16 hearings caused by relatively small17 issues that are routinely heard and18 approved. To that end, the Zoning Code19 Proposals recommend raising the maximum20 height in low-density residential and21 commercial districts from the current 3522 feet to 38 feet. We're also establishing23 dimensional standards for decks, adding24 contextual requirements for rowhome25 24 6/15/11 - WHOLE - RES. 5 In his testimony in a few6 minutes, Emanuel Kelly will describe a7 number of changes designed to encourage8 positive development. 23 While a number of the above24 provisions help preserve the character of25 25 6/15/11 - WHOLE - RES. 1104591 Philadelphia neighborhoods, an entire new2 system was established to ensure that the3 voices of residents are heard in the4 development process.
This new system5 includes improved notice of ZBA hearings,6 mandatory communication between zoning7 applicants and community organizations8 with regard to large projects and9 projects that require a hearing at the10 ZBA, required neighborhood meetings and11 citizen participation in the civic design12 review process. 15 In order to achieve the third16 Charter mandate, which is to shape future17 construction and development to bring the18 Zoning Code into the 21st century, we're19 trying to provide it with the ability to20 adjust as our modern life evolves. The21 primary strategy is to alter the way that22 uses are regulated. Instead of23 regulating specific uses by name -- and24 we include such archaic uses right now as25 26 6/15/11 - WHOLE - RES. 1104591 tanneries and abattoirs, which are2 referenced in the current Zoning Code, we3 are regulating them to approximately 504 categories of uses. Some examples of the5 use categories include eating and6 drinking establishments, retail sale of7 consumer goods, repair of consumer goods8 and artisan manufacturing. Through this9 system, we do not have to rely upon a use10 maintaining its exact same name over time11 and we can permit new uses that evolve12 over time and that fit into the category13 to be accommodated naturally. However,14 we have pulled out for special treatment15 specific uses that have a disparate16 impact upon neighbors. For example,17 take-out restaurants are treated18 differently than prepared food shops such19 as delis and ice cream shops and sit-down20 restaurants. Similarly, drug21 paraphernalia and gun shops are treated22 differently than other uses in the Retail23 Sale of Consumer Goods category, and24 you'll find this throughout the draft25 27 6/15/11 - WHOLE - RES. 2 Another essential update is the3 creation of three new districts to4 address the mixed-use nature of many5 areas of our city. 5 that's designed to7 support vibrant, mixed-use commercial8 areas in neighborhoods. In reviewing the9 existing Code, we found 16 overlays10 designed to support neighborhood11 commercial corridors, many with exactly12 the same or very similar controls. This13 new base district carries forward many of14 these controls. 18 The second new district called19 IRMX, or Industrial, Residential, Mixed20 Use, is designed to permit an orderly21 transition from historic manufacturing22 areas that have been trending towards23 lighter industrial, commercial and24 residential uses. This new district will25 28 6/15/11 - WHOLE - RES. 1104591 permit all of these types of uses by2 right. 7 Yet another significant8 modernization of the Zoning Code is the9 integration of many regulations designed10 to support a sustainable and healthy11 city. 13 This has been a very broad14 overview in a few pages of a very15 detailed and complex document. While the16 draft Zoning Code is slim as compared to17 the current Zoning Code -- it's less than18 400 pages and about one-third shorter --19 we understand that it will take20 additional conversation to ensure that21 members of Council feel sufficiently22 familiar with the material. We view23 today's testimony as one of a number of24 such conversations that will take place25 29 6/15/11 - WHOLE - RES. 1104591 over the next several months. 12
Thank you13 very much for your testimony.14 We'll take questions for the15 panel after everyone has made a16 presentation.17 The Chair recognizes Ms. Tsai.18 DEPUTY
I19 think it's Mr. Kelsen first, if you don't20 mind. And, by the way, while I have a21 break in the mike here, I want to22 acknowledge Commissioner Fran Burns, who23 walked in during my introduction. She is24 also a member of the Zoning Code25 30 6/15/11 - WHOLE - RES. 1104591 Commission, is here today and is part of2 the Commission as an ex-officio member.3
6 Thank you so much for allowing me to7 testify today. My name is Peter Kelsen8 and I've had the pleasure of serving on9 the Zoning Code Commission as an10 appointee of Councilwoman Krajewski since11 its inception. 20 I helped organize and have21 served as the Chair of the Zoning Code22 Commission's Work Plan Committee since it23 began in 2008. We have held 58 meetings24 since that time, and my purpose today is25 31 6/15/11 - WHOLE - RES. 5 The Work Plan Committee6 originally formed in 2008 before the7 Zoning Code Commission had a full-time8 staff, before we had the benefit of Eva9 and all of her great work. It was formed10 for the purpose of organizing the work of11 the Commission. Our first task was to12 help develop the request for proposals13 and select a consultant team to support14 the Zoning Code reform effort. Working15 closely with the City Planning Commission16 staff in the spring of 2009, we selected17 the team co-led by Clarion Associates and18 Duncan Associates, including four local19 sub-consultants. These lead firms have20 between them crafted dozens of zoning21 codes throughout the United States and22 internationally, and they include the23 cities of Chicago, Detroit, Pittsburgh,24 Toledo, Jacksonville, Duluth, Kalamazoo,25 32 6/15/11 - WHOLE - RES. 9 The Work Plan Committee is open10 to all members of the ZCC, and typically11 between five and ten Commissioners or12 their representatives attend each13 meeting. 22 I would like to thank the present and23 former Commissioners and their24 representatives who have faithfully25 33 6/15/11 - WHOLE - RES. 1104591 attended these meetings. The Work Plan2 Committee has benefited from the active3 participation of Sophie Bryan and Stacey4 Graham of Councilman Green's office, as5 well as Bob Barrilli of Councilman6 O'Neill's office. 14 The agenda items for Work Plan15 Committee meetings come from the16 following sources: Public comments17 received from our formal civic engagement18 process, such as community-based meetings19 and online surveys; public comments made20 through other means, such as e-mails or21 letters to staff or Commissioners; public22 comments made at regular ZCC meetings or23 comments made at public presentations to24 stakeholder groups; recommendations from25 34 6/15/11 - WHOLE - RES. 12 These range from the development of the13 advisory civic design review process, as14 Eva mentioned, and public notice15 requirements to how federally protected16 community living arrangements, tobacco17 retailers, take-out restaurants,18 nightclubs should be treated in the new19 Code. 25 35 6/15/11 - WHOLE - RES. 1104591 The recommendations of the Work2 Plan Committee are presented to the full3 ZCC for their consideration, usually4 through a presentation and discussion at5 a ZCC public meeting. 24 I and the members of the Work25 36 6/15/11 - WHOLE - RES. 1104591 Plan Committee look forward with2 enthusiasm to this additional input. We3 view it as extremely helpful to the4 process, and I thank you for the5 opportunity to testify here today. 7
Thank you. Thank11 you, Councilwoman Tasco and members of12 City Council for the opportunity to13 testify today. My name is Stella Tsai14 and I am a business litigation partner at15 Archer and Greiner. 20 I have had the honor of serving21 on the Zoning Code Commission since the22 fall of 2008 as an appointee of Mayor23 Nutter. I am Chair of the Civic24 Engagement Committee, and I am pleased to25 37 6/15/11 - WHOLE - RES. 6 The Charter mandated a broad7 and diverse Commission, many of whom are8 here today. 20 Given our diverse composition,21 it was natural for the Zoning Code22 Commission to ensure that civic23 engagement was a priority and ensure that24 as many voices as possible could be heard25 38 6/15/11 - WHOLE - RES. 1104591 throughout the City and that our process2 would be transparent. In the course of3 its work, the Commission has held 474 public meetings, all aired on public5 television, two public hearings in City6 Council Chambers, 36 community-based7 hearings or meetings, seven Stakeholder8 X-Changes, two public meetings to discuss9 why the Commission adopted, rejected or10 modified a group's proposal, and we have11 attended dozens of community -- I think12 more than dozens -- meetings where it has13 explained the Commission's work and14 possible changes to the Philadelphia15 Zoning Code. The Commission has also16 interviewed 125 professional zoning code17 users and surveyed nearly 2,00018 individuals on components of the proposed19 Zoning Code. 24 Over the past 24 months, the25 39 6/15/11 - WHOLE - RES. 1104591 Commission has released for public review2 and received public comment on 113 documents concerning the existing Zoning4 Code and drafts of the proposed Zoning5 Code, including five drafts of the6 consolidated Code. 11 I did want to share with you12 today two of the many comments we have13 received about the Zoning Code's outreach14 and engagement processes. "20 Rasheedah Phillips, writing on behalf of21 the Southeastern Pennsylvania Early22 Childhood Coalition, shared that, quote,23 "This was one of the most broad-based,24 democratic processes we have seen in a25 40 6/15/11 - WHOLE - RES. "4 Indeed, Pennsylvania has had --5 excuse me; Philadelphia has had a proud6 tradition of civic engagement, and it was7 important for us to design a process that8 strikes an appropriate balance among9 competing interests. 23 We look forward to City24 Council's public hearings on the Zoning25 41 6/15/11 - WHOLE - RES. 18
Thank you19 very much your testimony.20 What we'd like to do now,21 Mr. Greenberger, is bring the other three22 panelists from the Commission up. We'd23 like for you all to stay, and then we'll24 open up the floor for questions by25 42 6/15/11 - WHOLE - RES. 1104591 members of City Council.2 DEPUTY MAYOR GREENBERGER:3 Sure. That would be great. Thank you.4
The Chair5 recognizes Mr. Emanuel Kelly,6 Commissioner, and also Commissioner Bill7 Salas and Commissioner Anne Papageorge.8 Would you come forward, please.9 (Witnesses approached witness10 table.)11
Good12 morning.13 COMMISSIONER KELLY: Good14 morning, Councilwoman Tasco, Madam Chair.15
You may16 proceed. 18 COMMISSIONER KELLY: Thank you,19 Councilwoman Tasco and members of City20 Council for the opportunity to testify21 today. My name is Emanuel Kelly and I am22 a principal at Kelly Maiello Architects &23 Planners, a firm that has been committed24 to community revitalization in Center25 43 6/15/11 - WHOLE - RES. 1104591 City and Philadelphia neighborhoods for2 35 years. I am a member of the3 Philadelphia Art Commission and have4 served for 11 years. I was a member of5 the Pennsylvania Bureau of Historic6 Preservation and served for 12 years, the7 Philadelphia Redevelopment Authority8 Advisory Board of Design and served for9 15 years, and served as a Board member of10 the Advocate Community Development11 Corporation in North Central Philadelphia12 for five years, founded by Christine13 Washington. 20 As a former President of the21 local chapter of the American Institute22 of Architects, I am pleased to speak to23 you today about how the Zoning Code24 Proposals address issues of form and25 44 6/15/11 - WHOLE - RES. 1104591 design. 9 There are a number of ways that10 the Code incorporates form and design11 considerations. 20 Civic design review will apply to21 by-right projects. Civic design review22 will be triggered by multi-family,23 institutional and commercial projects24 that are large in context to the25 45 6/15/11 - WHOLE - RES. 1104591 surrounding community. The size triggers2 the range from 25,000 square feet in3 single-family residential communities up4 to 100,000 square feet in all areas of5 the City. A Civic Design Review6 Committee, consisting of five7 professionals in the planning and design8 field, a standing member with experience9 in community development review and a10 rotating seat for a local community11 representative, will review each eligible12 project to determine how it will impact13 upon the City streetscape, pedestrians,14 neighbors and those who will use the15 building or buildings. 22 The draft Zoning Code consolidates dozens23 of existing controls that pertain only to24 Center City into one new overlay, so that25 46 6/15/11 - WHOLE - RES. 1104591 investors can look to one place to find2 the zoning controls that apply to our3 central business district. " The sky8 plane controls are designed to help9 ensure access to air and light in the10 densest areas of our city. 16 To support the development of17 new amenities that will benefit the18 public, we have reorganized and refined19 the bonuses, also formerly known as FAR20 bonuses, available in our densest21 commercial areas, currently known as C-422 and C-5. The incentives are provided23 through an "a la carte" system. As24 compared to the current system where25 47 6/15/11 - WHOLE - RES. 1104591 these bonuses are bundled into two sets,2 this new method enables a greater number3 of sites, particularly smaller sites, to4 qualify. We have included incentives for5 public space, public art, improvements to6 transit, underground parking, green7 building and mixed-income housing. 13 Last, but not least, we have14 incorporated several form and design15 standards that would apply citywide for16 large-scale multi-family, institutional17 and commercial buildings. These include18 provisions to prevent large expanses of19 blank walls, screening of mechanical20 equipment and providing access and21 connections to adjacent public space and22 trails. We have also included new23 standards for setbacks and parking for24 rowhouse neighborhoods so that new25 48 6/15/11 - WHOLE - RES. 9
Thank you10 so much for your testimony.11 COMMISSIONER KELLY: You're12 quite welcome.13
Mr. 14 COMMISSIONER SALAS: Thank you,15 Madam Chair and members of City Council16 for the opportunity to testify today. , and I am18 the President of the Hispanic Association19 of Contractors and Enterprises. Since20 1982, HACE, known for short, has been21 involved in developing commercial and22 affordable housing, both rental and23 homeownership. These activities have24 generated nearly $100 million in public25 49 6/15/11 - WHOLE - RES. 1104591 and private investments, primarily in the2 Fairhill and St. Hugh neighborhoods in3 Eastern North Philadelphia. In addition,4 HACE has organized residents and5 businesses as well as being a property6 manager whose subsidiary has created over7 20 permanent jobs for community8 residents. 13 Mayor Nutter appointed me to14 the Zoning Code Commission in January15 2008. I have participated on both the16 Work Plan and Civic Engagement Committees17 of the Commission. 22 As Commissioner Stella Tsai23 briefly mentioned, the Zoning Code24 Commission received a tremendous amount25 50 6/15/11 - WHOLE - RES. 1104591 of support from the Common Ground project2 conducted a year and a half ago. This3 project, sponsored by the Urban Design4 Committee of the American Institute of5 Architects and the Penn Project for Civic6 Engagement, pulled together 867 representatives of civic associations in8 an all-day meeting and 62 developers and9 investors in a separate meeting for the10 purpose of identifying principles on the11 role of the public and developers in the12 development process. Representatives of13 each of these groups then came together14 in January 2010 for an extraordinary15 evening of groundbreaking conversation to16 reach common ground on the role of the17 public in the development process. The18 Zoning Code Commission adopted seven of19 the principles that emerged from this20 meeting as follows:21 One, every neighborhood should22 have a similar widely known way to23 convene civic groups and concerned24 individuals for input into project25 51 6/15/11 - WHOLE - RES. 1104591 review; two, all projects of a certain2 level of impact, whether as of right or3 requiring variances, would benefit from4 public input; three, when assessing a5 project's impact, go beyond size to look6 at how a project impacts or fits to its7 surroundings; four, issues of design and8 aesthetics should be reviewed but on a9 basis separate from the parameters of10 zoning; five, early and effective11 notification about project proposals12 helps improve outcomes both for the13 neighborhood and the developer; six, the14 project review process should be more15 transparent and predictable in ways that16 informs, invites and engages constructive17 participation; seven, clear review18 timelines should be set as part of a19 predictable public input process. 24 These principles became the25 52 6/15/11 - WHOLE - RES. 1104591 backbone of a new system for citizen2 input and public review established in3 this draft Zoning Code. 5 Community organizations will be6 able to register with the City Planning7 Commission. Zoning applicants will be8 required to provide early notice to and9 convene at least one neighborhood meeting10 with registered organizations for zoning11 applications that fall within its12 geographic boundaries and require Zoning13 Board of Adjustment's approval. In14 recognition of the typical monthly15 meeting schedule of civic associations16 and the developer's need for timely17 review, a 45-day window has been18 established for convening and documenting19 the neighborhood meeting. 23 Registered community24 organizations will also be entitled to25 53 6/15/11 - WHOLE - RES. 1104591 early notice and at least one2 neighborhood meeting for projects that3 fall within its geographic boundary and4 that meet the threshold requirements for5 civic design review. 12 Another significant proposal in13 this area regards posting notices for14 Zoning Board of Adjustment hearings.
We15 are recommending that the required time16 for posting ZBA hearings increase from17 the current 12-day requirement to 2118 days. 22 We believe that the inclusion23 of such requirements in the Zoning Code24 Proposals before you today is a25 54 6/15/11 - WHOLE - RES. 8
10 Ms. 11 COMMISSIONER PAPAGEORGE: Thank12 you, Madam Chairperson and remaining13 Councilmembers for the opportunity to14 testify today. 18 Previously I served as Senior19 Vice-President and Memorial Design20 Director for Memorial, Cultural and Civic21 Development at the Lower Manhattan22 Development Corporation and as First23 Deputy Commissioner and Acting24 Commissioner at the New York City25 55 6/15/11 - WHOLE - RES. 1104591 Department of Design and Construction. 5 I have also had the honor of6 serving as Co-Chair of the Mayor's7 Sustainability Advisory Board since 20088 with the creation of the Greenworks9 Philadelphia plan. 14 The Zoning Code Commission15 decided early on that rather than being16 relegated to one chapter, sustainability17 provisions should be woven throughout the18 entire new Zoning Code. The Commission19 examined the ways that the Zoning Code20 could help promote these broad goals and21 determined that we could take three types22 of actions: remove impediments, impose23 requirements and provide incentives. We24 also looked at the range of25 56 6/15/11 - WHOLE - RES. 1104591 sustainability strategies and determined2 that the Zoning Code was most suited to3 helping the City achieve the following4 goals from Greenworks, our citywide5 sustainability framework. 11 All of these goals are12 thoughtfully addressed in the document13 before you today. 24 Energy conservation is enhanced through25 57 6/15/11 - WHOLE - RES. 11 This Code improves access to12 healthy food by removing impediments to13 urban agriculture, permitting four14 different types of urban agriculture uses15 in a mix of zoning districts. 20 Other bonuses limited to21 high-density commercial districts22 typically found in Center City encourage23 public amenities that are also24 significant sustainability tools. These25 58 6/15/11 - WHOLE - RES. 7 Many of these sustainability8 features would also help us become a9 healthier city. 16 Thank you for your attention17 today. 20
Thank you21 very much.22 Are there questions from23 members of Council?24 (No response.)25 59 6/15/11 - WHOLE - RES. 1104591
I have a2 couple of this panel right here, this3 panel here. I'm sure we will go into an4 in-depth review of the new Code and5 certainly have more detailed discussion6 as we proceed with this process. I just7 have a couple of questions that came to8 my mind as you testified, and certainly9 we will review them further later on, but10 being a District Councilperson, I have11 concerns about what happens in the12 neighborhood. I just want to ask a13 couple of questions.14 Mr. Kelly, on of your15 testimony, you talk about the incentives16 around transit-oriented development17 nodes. Could you further expound on18 that?19 COMMISSIONER KELLY: Yes.20 Right now the current Zoning Code only21 has incentives and it's on C-4 and C-522 sites. Most of those are in Center City,23 and they do not include sites around24 transit nodes. As an effort to reduce25 60 6/15/11 - WHOLE - RES. 1104591 the number of car drivers and to take2 advantage of development around transit3 nodes, we've included that as an4 incentive for -- additional density5 becomes a bonus if you provide other6 amenities around transit nodes.7
Okay.8 COMMISSIONER KELLY: Now,9 transit nodes could be -- there's several10 transit nodes down in Center City, but11 there are transit nodes at Broad and12 Olney, at Cheltenham and is it Wadsworth?13 So it's much more expansive than anything14 that exists now. There's nothing15 directed to that, and that really has a16 relationship to some of the17 sustainability goals that were mentioned18 earlier and so on.19
Okay.20 COMMISSIONER KELLY: We can21 provide -- we have looked at some of the22 mapping of where those nodes occur within23 the Work Plan Committee and so forth. We24 could enumerate on those and provide you25 61 6/15/11 - WHOLE - RES. 1104591 with some detail if you would like.2
Okay.3 We'll have a lot of questions about that,4 I'm sure.5 COMMISSIONER KELLY: Okay.6
You talk7 about also on , you have included8 in the standards for setbacks and parking9 for rowhome neighborhoods so that new10 development is consistent with the11 surrounding neighborhood. Further12 expound on that, please.13 COMMISSIONER KELLY: Yes. We14 try to include a lot in this very15 simplistic paragraph.16 An approximation is that 8017 percent of the stable neighborhoods will18 not be affected, but there are some19 locations where there are sites that, C-420 sites, that would allow for more denser21 development. If they turn out to be22 adjacent to a two or three-story rowhouse23 neighborhood, then there would have to be24 some setbacks, so that that higher25 62 6/15/11 - WHOLE - RES. 1104591 density, which might be allowed by right,2 will not impact the adjacent rowhome3 character.4
Okay.5 COMMISSIONER KELLY: Given6 where the rowhomes have some setbacks,7 whether their rowhomes are at the street8 property line or have some setbacks with9 a minor front yard, if you were to have a10 five-story apartment building or11 something, to ease that impact, it would12 be setback restrictions based on the13 density.14
Okay.15 Thank you very much.16 COMMISSIONER KELLY: You're17 welcome.18
Mr. Salas,19 let me ask you a question here about --20 you talk about the neighborhood civic21 groups having input. Does that mean that22 every community has to have a civic group23 in order to speak before -- to come24 before the Urban Design Committee?25 63 6/15/11 - WHOLE - RES. 1104591 Suppose there is a proposal or zoning2 request in a neighborhood that doesn't3 necessarily have a civic group and4 they're not registered, so they're not5 notified, but they know that something --6 the people know something is going on.7 Are they able to come in and have their8 voices heard around the project?9 COMMISSIONER SALAS: Yes, Madam10 Chairman. I believe that the new Zoning11 Code Design Review Committee processes12 that are going to be administered by the13 City of Philadelphia Planning Commission14 will allow for a particular neighborhood15 or an area that may not have a good group16 to be able to engage -- the citizens of17 that neighborhood can get engaged as part18 of the Design Review Committee or19 probably more simplistic, that adjacent20 or civic organizations can also be part21 of that design review along with that one22 member of the community that will rotate.23 The City Planning Commission also will be24 taking some initiatives, I believe, as we25 64 6/15/11 - WHOLE - RES. 1104591 sort of refine the registration of civic2 groups across the City that wherever we3 find communities that do not have a civic4 group, that the Planning Commission,5 along with others, will engage those6 community residents to assure that7 there's input in that development8 process.9
Okay.10 Thank you very much.11 COMMISSIONER KELLY: Just to12 add to what Bill is saying, City Planning13 Commission has --14
Excuse me15 a moment.16 Thank you. I'm sorry.17 COMMISSIONER KELLY: City18 Planning Commission, as you know, has19 area planners, and what we tried to20 facilitate is getting those to get the21 names of those in those neighborhoods22 early on a register, as well as to talk23 to City Council members for their24 district to get the names so we have at25 65 6/15/11 - WHOLE - RES. 1104591 least a group if there's something that2 begins. But as Bill said, in3 neighborhoods where there are not strong4 sort of civic or resident groups, at that5 time when the project comes up and they6 aren't, we will look to find out who are7 those active people within those8 boundaries.9
Thank you10 very much. Thank you very much for your11 testimony.12 Are there any questions or13 comments by any members of Council?14 (No response.)15
I think16 the Councilmembers are here to hear the17 testimony today. We'll probably have18 much more sustained and in-depth19 discussion about this legislation later20 on.21 Thank you.22 (Thank you.)23
The next24 panel will be Andy Toy, David Feldman,25 66 6/15/11 - WHOLE - RES. 1104591 Susan Klein, Andy Frishkoff and James2 White.3 (Witnesses approached witness4 table.)5
Would you9 identify yourself and begin your10 testimony, please.11
Would you13 identify yourself and begin your14 testimony.15
Yes. Good morning,16 Councilwoman Tasco and members of City17 Council. My name is Andrew Toy and I'm18 here as a member of the Philadelphia19 Association of Community Development20 Corporations, or PACDC as it's better21 known, as a former member or a22 Commissioner of the Zoning Code23 Commission for over three years and as a24 former candidate for this auspicious25 67 6/15/11 - WHOLE - RES. 1104591 Council.2
13 Thank you for the opportunity14 to speak today on the need to move the15 new Code forward to advance our great16 city. 23 The Commission was charged by24 the citizens of Philadelphia who25 68 6/15/11 - WHOLE - RES. 1104591 overwhelmingly voted for the zoning2 reform in 2007 to bring our Philadelphia3 Zoning Code in the 21st century. Our4 stated goals were to make the Code easier5 to understand, improve our city's6 planning process, promote positive7 development that would grow our tax base8 and population, and preserve the9 character of our neighborhoods. I10 believe the new Code does all of these,11 and the time is right for City Council to12 move forward on -- move this process13 forward. S. 18 Just to remind everyone of how19 we got to this point, the Zoning Code20 Commission, which includes many members21 and representatives of City Council -- I22 was appointed by Councilman Clarke --23 brought in the best experts in the field24 who have worked around the City with25 69 6/15/11 - WHOLE - RES. 1104591 other -- or around the country with other2 cities, including Denver, Miami, Chicago,3 Boston and many other similar places. 8 In addition to looking at what9 has worked elsewhere, we spent the10 enormous bulk of our time working locally11 with community groups, developers, design12 and planning professionals, government13 officials, attorneys, business14 organizations, non-profits, institutions15 and literally thousands of citizens in16 crafting the new Code. 21 I have never experienced a more22 open and engaging process. We held23 meetings in every Council District across24 the City and asked for input and feedback25 70 6/15/11 - WHOLE - RES. 1104591 every step of the way. The outreach2 through the media, neighborhood and other3 groups and through your offices was4 tremendous. 8 While the new Code is not9 perfect, nothing in life is, and if we10 let that stop us, we would get nothing11 done, which is sometimes the public12 perception of government. There are13 still some pieces to add such as those14 pertaining to signage. The new Code,15 like most legislation, has compromises16 that some may disagree with, but were in17 fact the result of hard work among many18 various engaged groups and citizens. 21 While more large projects will22 have community input to improve outcomes,23 fewer will end up at the Zoning Board,24 freeing the Board to decide on projects25 71 6/15/11 - WHOLE - RES. 1104591 that really are hardships. 9 We should also be excited that10 the new Code really puts a focus on11 environmental sustainability. 23 This could not have come at a better time24 when those looking to start businesses or25 72 6/15/11 - WHOLE - RES. 5 Certainly Council may find6 areas in need of tweaking, but the hope7 is that we can move this already very8 lengthy process forward to fruition9 before this Council is done in 2011. I10 would also caution that we do not go11 through remapping before adopting the12 Code. This has not happened in other13 cities and the process worked. In fact,14 the vast majority of properties will not15 need any changes once the new Code is in16 place. 24 The simple solution is what is already25 73 6/15/11 - WHOLE - RES. 23
Thank you.24 Mr. Feldman.25 74 6/15/11 - WHOLE - RES. 1104591
3 My name is -- and thank you for this4 opportunity to testify this morning on5 the proposed new Zoning Code. My name is6 David Feldman. I am President of7 Right-Sized Homes, LLC, a sustainable8 redevelopment company based in Center9 City Philadelphia. I have been following10 the proceedings of the Zoning Code11 Commission since its inception over three12 years ago and am pleased and excited by13 the dedication, time commitment and14 thoughtful work of its members through15 this lengthy process. 20 One of the most impressive21 aspects of the process the Zoning Code22 Commission undertook was the very23 extensive amount of public engagement,24 including presentations, education25 75 6/15/11 - WHOLE - RES. 1104591 sessions, roundtable discussions and2 feedback sessions within multiple3 outreach sessions in each Councilmanic4 District. org, several months ago7 so that anyone in the City could look at8 a specific property and see what zoning9 district it would be in under the new10 Code, then read about that district to11 see what impact the proposed new Code12 would have on that property. 19 As someone who has worked with20 many neighborhood-based community21 organizations and private developers on22 projects throughout the City of23 Philadelphia for over 25 years, I applaud24 the proposed new Zoning Code for how it25 76 6/15/11 - WHOLE - RES. 1104591 addresses zoning in a built-out city with2 300-plus years of development in a way3 that allows us to thrive in the 21st4 century. 9 This Code is written for10 Philadelphia's many unique issues,11 including specifically addressing the12 many neighborhoods with small, narrow13 streets with thousands of small,14 non-conforming lots in a way that15 preserves neighborhood quality. By16 defining allowable compatible17 development, homeowners will have reduced18 burden in the process they will have to19 go through to renovate their homes. It20 addresses the reality of increased21 gasoline prices and growing a younger22 knowledge-based population by providing23 for increased transit-oriented, mixed-use24 development and enabling new development25 77 6/15/11 - WHOLE - RES. 1104591 of disused and underused property around2 existing transit nodes. 11 Some claim that the proposed12 Zoning Code is still flawed and not yet13 ready for passage. With regard to the14 Zoning Code, the definition of a "flaw"15 is where someone didn't get their way to16 give them a specific advantage. 22 There will never be total agreement on23 every section of any Zoning Code. That24 is why the Zoning Board of Adjustment25 78 6/15/11 - WHOLE - RES. 4 I implore Council not to use5 the red herring of flaws in the Zoning6 Code to keep the current deeply7 problematic outdated Zoning Code on the8 books beyond this year. 25 79 6/15/11 - WHOLE - RES. 1104591 The hard work of the Zoning2 Commission over the past three years plus3 created a clearer, fairer, current-day4 appropriate code that applies to everyone5 equally. 11 Over the summer, all interested12 parties can examine the conversion map,13 and if they identify any specific blocks14 that need to be zoned differently in the15 new Code, there is plenty of time to16 address that in the same way that Council17 addresses it now, with resolutions to18 rezone target areas that have undergone19 change or where different appropriate20 development is desired by the21 neighborhood. The most recent example of22 this is Councilman Clarke's ordinance23 that appropriately calls for rezoning 1224 blocks of the West Poplar neighborhood in25 80 6/15/11 - WHOLE - RES. 15
Good morning, Madam19 Chair and esteemed members of City20 Council. Thank you for the opportunity21 to testify. My name is James White and22 I'm the Policy Coordinator of the23 Philadelphia Association of Community24 Development Corporations. PACDC is a25 81 6/15/11 - WHOLE - RES. 1104591 citywide association of 90 CDCs and other2 organizations that have extensive3 experience with real estate development4 and working to improve the quality of5 life in Philadelphia's neighborhoods.6 PACDC applauds the Zoning Code7 Commission for developing a thoughtful8 plan to bring Philadelphia's onerous9 Zoning Code into the 21st century. We10 also appreciate the extensive process to11 obtain public input on the development of12 the new Code. PACDC and its members have13 provided input around various facets of14 the Code, including the development of a15 new CMX-2.5 zoning district to promote16 active, pedestrian-friendly neighborhood17 commercial corridors; promoting18 transit-oriented development; and19 visitability; using FAR bonuses to20 incentivize the development of21 mixed-income housing; and the civic22 design review process.23 While we support additional24 improvements to the proposed Code, such25 82 6/15/11 - WHOLE - RES. 1104591 as providing a higher FAR bonus to2 incentivize mixed-income housing or3 utilizing FAR bonuses as an incentive to4 offset the costs to a developer of a5 mandatory inclusionary housing6 requirement, overall we believe the7 proposed new Code is fair, transparent8 and predictable for residents,9 communities and developers.10 We urge City Council to utilize11 the remainder of the process to address12 any outstanding concerns in a timely13 manner to ensure that a fair and14 equitable new Code is approved during the15 calendar year 2011. We look forward to16 the opportunity to continuing to work17 with the City Council and the18 Administration to advance a new Zoning19 Code that will address resident and20 community needs and result in stronger21 neighborhoods throughout Philadelphia.22
Thank you23 very much.24 The Chair recognizes Mr. Andy25 83 6/15/11 - WHOLE - RES. 1104591 Frishkoff. Good morning.2
Good morning,3 Madam Chair and members of Council. My4 name is Andrew Frishkoff. I'm the5 Executive Director of the Local6 Initiative Support Corporation. It is my7 pleasure to be here today and to testify8 before you for the first time in this new9 role. The Local Initiative Support10 Corporation, or LISC, is a national11 community development organization that12 just celebrated its 30th anniversary and13 has been active in Philadelphia for14 almost 30 years as well. 22 We have been particularly23 active in Philadelphia in working on24 commercial corridors, in large part25 84 6/15/11 - WHOLE - RES. 9 In that regard, we see the10 Zoning Code reform as making significant11 progress towards work on commercial12 corridors. Commercial corridors work13 best and are most stable and able to grow14 when residents' needs can be met and when15 residents can live on or adjacent to16 commercial corridors and where they can17 walk to and from their homes and to18 stores. 5 code is an23 important step towards being able to24 ensure that all communities will have25 85 6/15/11 - WHOLE - RES. 3 In terms of transit-oriented4 development, increasingly both5 communities and cities themselves will6 grow and thrive insofar as people are7 able to take public transportation to and8 from work as well as to areas of9 shopping. 17 Currently, we score very well18 in this region in terms of residents'19 access to transit. We don't score so20 well in this region in terms of21 businesses' location proximate to22 transit. And so having the new23 transit-oriented development aspect to24 our Code is a significant improvement25 86 6/15/11 - WHOLE - RES. 19 What we've seen over the last20 30 years has been an improved21 transparency where increasingly residents22 are able to gain access directly to23 information that is important for them in24 determining the quality of life in their25 87 6/15/11 - WHOLE - RES. 1104591 community. This process, as Mr. Toy2 alluded to previously in terms of the3 community engagement, the public4 engagement, should be the example for5 which all similar processes learn from in6 terms of making sure that residents7 understand important changes in the City8 and the Code itself. 17
Thank you18 very much.19 We thank you all for your20 presentations and -- oh, I'm sorry.21
No problem.25 88 6/15/11 - WHOLE - RES. 1104591 Councilwoman Tasco, members of2 Council, my name is Susan Klein,3 K-L-E-I-N. I'm the Director of Housing4 at the Philadelphia Corporation for Aging5 and I'm here representing Rodney6 Williams, President of PCA, and also as a7 member of PACDC. I've submitted to you a8 letter from Mr. Williams to Eva Gladstein9 in reference to specifically three10 aspects of the Code that directly affect11 seniors. And, as you know, seniors12 represent -- we have the highest, in13 Philadelphia, we have the highest14 percentage of seniors in any of the15 largest ten cities in the United States.16 So what affects seniors affects us all.17 There are three specific areas18 of the Zoning Code -- and this is the19 first time that the Zoning Code has20 addressed seniors specifically, and they21 are accessory dwelling units,22 visitability and adult day care. And23 accessory dwelling units can be defined24 as a unit within a larger unit, sometimes25 89 6/15/11 - WHOLE - RES. 1104591 called accessory apartments. In2 Australia they call them "granny flats."3 But this allows a senior to live with4 their family and be cared for by them or5 by a caregiver. And I think it's6 important to note that 27 percent of7 households in Philadelphia that have a8 senior are multi-generational. So that's9 a very large percentage. And this will10 ease the process of people wanting to11 care for their parents at home.12 Visitability is the second13 issue, and as someone who is very14 involved with adaptive modifications for15 many years, this is one that's16 particularly close to my heart. And17 visitability is a way of designing18 housing, single-family housing, that19 allows three things. One is a zero-grade20 entrance; the second is a first floor21 accessible half bath; and the third is22 doorways and walkways on the first floor23 that allows for a wheelchair. And this24 is really significant whether you're a25 90 6/15/11 - WHOLE - RES. 1104591 wheelchair user or trying to get your2 luggage out of your house going to the3 Airport. Having a zero-grade entrance is4 really very significant.5 The third area is adult day6 care, and this is the first time that7 adult day care has been included in the8 Code, along with child day care. Ten9 percent of the City's older population10 report difficulty at remembering, and11 memory issues are one of the primary12 reasons that people go to adult day care,13 so that if they're living -- especially14 if they're living with family members, it15 allows the family members to continue to16 work and their loved one be cared for17 during the day.18 So thank you very much for this19 opportunity, and thank you for the Zoning20 Commission for including issues21 concerning the elderly in the way that22 they were looking at zoning.23 Thank you very much.24
25 91 6/15/11 - WHOLE - RES. 1104591 Thank you all for your2 testimony. We appreciate you taking your3 time and participating, and we look4 forward to further discussion. 6 The Chair recognizes the next7 panel, Mr. )11 COUNCILMAN DiCICCO: Good12 morning. 14 MR. 16 COUNCILMAN DiCICCO: That's17 fine. 18 MR. 19 Dear honored members of City Council, my20 name is Richard DeMarco. 23 Many of you may recall that I24 taught in these Chambers sometime ago in25 92 6/15/11 - WHOLE - RES. 1104591 the past for the Honorable Council2 President Ann Verna, and I am3 particularly grateful to her for my4 experience here, and I'm also grateful to5 her for appointing me to the Zoning Code6 Commission as one of her attorney7 appointments. 12 I appear here today to urge you13 to pass this legislation which has been14 forwarded to you by the Commission. I15 was a former member of the Commission and16 I have practiced zoning and land use law17 for approximately 17 years, the first six18 of which was as an employee for the19 Council President and also 11 years as a20 private real estate attorney. 24 From my experience as an25 93 6/15/11 - WHOLE - RES. 1104591 attorney, having represented both2 constituents, zoning protestants,3 community groups and private developers,4 I can tell you that the current Zoning5 Code is obsolete and broken, leading to a6 tremendous amount of uncertainty for both7 your constituents, community groups and8 the development community. 24 Make no mistake, while the25 94 6/15/11 - WHOLE - RES. 7 It is true that this legislation will8 lessen the number of cases which go to9 the Zoning Board of Adjustment for10 review. 13 However, this is precisely the point of14 this reform process. 19 In this reform process, every20 stakeholder has been asked to give up a21 small piece of their influence in order22 to make the zoning process more workable23 and predictable. To the credit of this24 City and the Commission and the people25 95 6/15/11 - WHOLE - RES. 1104591 involved with this process and the2 Councilpeople involved, each stakeholder3 in this process, developers, architects,4 planners and community groups, have all5 agreed to give up that small piece of the6 pie in order to have a more workable7 process. 12 Having participated in this13 process, I can tell you that no group is14 completely happy with the document, but15 this to me is a signal that it does16 exactly what was envisioned by this body17 and by the process that created it. It18 represents tremendous trade-offs and19 concessions by the numerous disparate20 groups, but the document that has been21 presented to you represents all of these22 competing visions together. And they23 have come together sometimes awkwardly,24 sometimes fitfully to give you this final25 96 6/15/11 - WHOLE - RES. 7 Even with the passage of this8 legislation, I know and believe that this9 body will continue to maintain the10 influence over the zoning process that it11 deserves and that it's legally entitled12 to. This document does not impair in any13 way this body's influence to pass14 legislation which alters or affects the15 Zoning Code and to have input into16 impactful development within the Council17 Districts and within the City. But I18 urge you to consider how important this19 legislation is, even if the benefits20 might not be readily apparent. At21 minimum, it will send a message to small22 businesses, developers, large developers23 and community groups that this City can24 come together to fix a broken system and25 97 6/15/11 - WHOLE - RES. 1104591 a broken Code. 10 To conclude, I ask this Council11 to lead this City. It is truly a great12 thing when leaders of this City embrace13 change over resistance to change. I know14 that resistance to change is a powerful15 force within this City. However, I would16 like to point to this body back to a few17 decades ago when this group considered18 raising the height limit in the City over19 the statue of William Penn.
If you20 recall, many people were opposed to that21 proposal. However, this body overcame22 the naysayers and voted favorably on the23 proposal. Is it now clear the wisdom of24 that decision? We now have a world-class25 98 6/15/11 - WHOLE - RES. 2 I urge this body to consider3 that we are now at a threshold moment4 such as that. 10 Thank you so much for allowing11 me the time to testify here and for12 considering this legislation. 14 Next witness, please. 16
My name is Kiki17 Bolender. Councilman DiCicco, may I have18 your permission, as my testimony is quite19 short, to also read an equally short20 testimony from Julie Hoffman, President21 of the American Institute of Architects?22 COUNCILMAN DiCICCO: Yes.23
Thanks. So this24 begins my testimony.25 99 6/15/11 - WHOLE - RES. 1104591 My name is Kiki Bolender. I am2 a partner in Schade and Bolender3 Architects, and as such, I'm a small4 businessowner in the City of5 Philadelphia. I am co-creator of the6 Common Ground project that Commissioner7 Salas mentioned. It's been my privilege8 to be a teacher at the Citizens Planning9 Institute, and I sit on the Advisory10 Board of Design of the Redevelopment11 Authority of Philadelphia.12 Councilman DiCicco and13 Committee members, I strongly urge you to14 support adoption of the new Zoning Code15 as proposed by the Zoning Code16 Commission. An early and unanimous vote17 in its favor would send a signal to18 everyone outside of Philadelphia that we19 are open for business and that the City20 is poised to take advantage of its21 considerable human, historic and physical22 resources to become America's next great23 city of this century. It would also24 signal to residents that the City takes25 100 6/15/11 - WHOLE - RES. 1104591 their interests seriously enough to embed2 civic engagement in the new Code.3 To implement the new Code, I4 also strongly urge you to stand with the5 Commission and with our nationally6 recognized City Planning Commission to7 ensure the success of the important next8 steps. These include development of9 district plans, land use recommendations10 and, finally, revisions to the Zoning11 Maps. Extensive citizen involvement is12 planned at each of these steps. Over13 about a five-year period, citizens and14 planning professionals will meet to best15 understand and codify the needs and16 aspirations of their neighborhoods and17 their city, thus further advancing the18 principles of civic engagement created by19 the participants in the Common Ground20 project.21 Thank you. This ends my22 testimony. The following letter, Madam23 Chair, Councilman DiCicco gave me24 permission to read the letter by Julie25 101 6/15/11 - WHOLE - RES. 1104591 Hoffman of the American Institute of2 Architects. This is from President3 Hoffman addressed to President Verna.4 I am writing on behalf of the5 Philadelphia Chapter of the American6 Institute of Architects, a 1,700-member7 professional organization representing8 architects and affiliated professionals,9 asking you to support the timely review10 and approval of the new Zoning Code and11 to support the public involvement process12 as proposed by the Zoning Code13 Commission.14 Architects are required by law15 to support the health, safety and welfare16 of our fellow citizens and are uniquely17 positioned to use and implement the18 provisions of the Zoning Code. We are19 extremely interested in the reforms being20 considered and look forward to continuing21 to participate in the ongoing process22 that will result in a new Zoning Code,23 land use recommendations and a Zoning Map24 that will serve our city well into the25 102 6/15/11 - WHOLE - RES. 1104591 future. A revised and modernized Zoning2 Code will accelerate responsible3 opportunities for the economic growth of4 the City from without and from within.5 Your leadership in guiding City6 Council in its adoption of a modernized7 Code will help bring increased8 opportunity and progress to our wonderful9 and ever-improving city.10 President Julie E. Hoffman of11 the AIA Philadelphia.12 Thank you.13
Thank you14 very much.15 Next.16 MR. McHALE: Thank you, Madam17 Chair. My name is Brian McHale. I was a18 facilitator of the Common Ground project19 that Kiki helped create and I'm a member20 of the public that's been a regular21 attendee of the Zoning Code Commission22 for the last three years. My testimony23 is also relatively brief.24 The last five years have seen a25 103 6/15/11 - WHOLE - RES. 1104591 remarkable synergy between an increasing2 realization of the need for robust3 planning in the City and a more energetic4 and transparent civic engagement process.5 With the Phila 2035 Comprehensive Plan6 and the upcoming Central Delaware7 Waterfront Master Plan joining the array8 of plans laid out over the last several9 years, the City is well positioned to10 capitalize on the growth which the census11 has indicated is finally occurring.12 The most difficult and perhaps13 the most fragile plan of this remarkable14 era is the reform of the Philadelphia15 Zoning Code. It lays out the rules, the16 regulations and the processes by which17 people can develop property in the City.18 It is why the process at the Zoning Code19 Commission has been the most regular and20 open of this entire constellation of21 work. All you had to do in the last22 three years was show up, call up or write23 in, and that opinion was acknowledged by24 the Commission and informed its work.25 104 6/15/11 - WHOLE - RES. 1104591 The members of the Zoning Code2 Commission and its staff are of different3 backgrounds and philosophies who, over4 the last three years, crafted a delicate5 balance of give and take for everyone.6 The current draft will not satisfy7 everyone, but where there are8 disagreements, there are a number of9 perfectly valid sides which could be and10 have been argued until the end of time.11 That does not make the draft flawed or12 somehow less than it could be. It13 represents the best effort in good faith14 to balance a number of different15 perspectives which will never go away.16 As this draft Code moves into17 the next phase of its process, City18 Council needs to add its own experience19 in handling zoning matters. That20 experience is extensive and can be21 beneficial in smoothing the many rough22 edges off of this draft. However,23 Council is tasked with making24 recommendations to improve the draft, not25 105 6/15/11 - WHOLE - RES. 1104591 simply coming up with its own solutions.2 An immense amount of public effort went3 into this process in parallel with other4 planning processes, and City Council5 should be immensely wary of where it6 decides to suggest changes outside of7 that public input. The current draft is8 backed up by data, best practices and9 intense civic engagement and could be10 passed right now. Should problems arise11 in its implementation, Council is still12 fully capable in the future of amending13 the Code, as it currently does, and14 should keep that in mind before making15 changes to a draft to solve perceived16 problems which have not happened yet.17 In 2007, the City was given a18 mandate by its citizens to move forward19 with zoning reform, and over the last20 three and a half years, the Zoning Code21 Commission, its staff, its consultants22 and the public representing both the23 development community and neighborhood24 groups have diligently worked to create25 106 6/15/11 - WHOLE - RES. 1104591 what is now the draft preliminary report.2 They have done the job tasked to them.3 It is now time for City Council to do4 theirs and move this process forward as5 expeditiously and transparently as6 possible.7 Thank you for the chance to8 testify before you today.9
Thank you10 for testifying.11 The Chair recognizes Mr.12 DeMarco.13 MR. DeMARCO: I testified.14
You15 testified already?16 MR. DeMARCO: I have a copy of17 my testimony, if you want it.18
Well,19 thank you very much for coming in to20 testify. We appreciate it very much.21 The next panel will be22 Rasheedah Phillips, Steven Huntingdon,23 Yvonne Haskins, Madeline Shikomba and24 Marjorie Greenfield.25 107 6/15/11 - WHOLE - RES. 1104591 (Witnesses approached witness2 table.)3
We're4 going to hear from Ms. Rasheedah Phillips5 first.6
Good morning,7 members of City Council, Councilwoman8 Tasco. Thank you for giving me the9 opportunity to testify before you today10 on the Zoning Code Proposals of the11 Zoning Code Commission. My name is12 Rasheedah Phillips and I am an attorney13 at Community Legal Services in the14 Community Economic Development Unit on15 the Child Care Law Project. The Child16 Care Law Project was established at CLS17 to address the legal needs of18 Philadelphia's child care community. I19 provide legal advice and representation20 to low-income, non-profit and for-profit21 child care providers. I also collaborate22 with other non-profit organizations that23 serve as resources to the child care24 communities, such as the Southeastern25 108 6/15/11 - WHOLE - RES. 1104591 Pennsylvania Early Childhood Coalition,2 or SEPECC, which is a regional group of3 early child care and education providers,4 experts and advocates working together to5 exchange information and coordinate6 advocacy in support for early child care7 and education.8 Zoning is the entry point for9 all child care providers, many of whom10 are first-time businessowners and many of11 whom are low-income residents of12 Philadelphia. Many of these providers13 have often come out of dire financial14 circumstances and are attempting to15 create a business that can be both16 economically viable and fulfill an17 important communal need. Philadelphia18 child care providers are also small19 community organizations and20 religious-based organizations seeking to21 provide a safe space in a community for22 children to learn and play while their23 parents go to work. For providers24 wishing to develop their businesses,25 109 6/15/11 - WHOLE - RES. 1104591 zoning is often a hurdle in the process2 that serves to frustrate their purposes3 rather than further them.4 The proposed new Zoning Code5 provides the basis for access to healthy,6 safe and quality child care programs7 through land use decisions. The proposed8 new Code seeks to encompass the great9 breadth of child care options upon which10 the families and the economy of11 Philadelphia depend, create uniformity12 and is more accessible and user-friendly13 for providers who rely on zoning14 decisions to be able to take the next15 step toward opening their day cares and16 providing quality early childhood17 education programs to children in the18 City. While the proposed new Code isn't19 perfect, it reflects a compromise that20 was developed by the Zoning Code21 Commission through four years of22 extensive consultation with neighborhood23 residents, developers, elected and24 appointed officials and other25 110 6/15/11 - WHOLE - RES. 1104591 stakeholders, including a number of City2 Council offices. This was one of the3 most broad-based democratic processes we4 have seen in the City the size of5 Philadelphia and something the City and6 its residents can be proud of.7 The plan called for City8 Council to initiate hearings on the draft9 Code within 45 days of receiving it from10 the Zoning Code Commission. The hearings11 will provide one more opportunity for12 Council and the public to offer input13 before revisions are made and a final14 proposal is considered.15 While SEPECC does not agree16 with every element of the proposed draft17 Code, we strongly encourage you to keep18 the process on track by holding these19 public hearings, continuing them through20 the fall and acting on the adoption of21 the new Code by the end of the calendar22 year. Through the adoption of the new23 Code, Philadelphia can take a step24 forward for children and all the people25 111 6/15/11 - WHOLE - RES. 1104591 in the City who depend upon equitable2 administrative processes to build and3 strengthen their communities.4 Thank you for your time and5 consideration.6
Thank you7 very much for your testimony.8 Mr. Huntingdon.9
Thank you.10 I'm Steve Huntingdon. I'm speaking this11 morning on behalf of the Crosstown12 Coalition. I'd like to ask the13 Chairman's permission to have my remarks14 divided into two sections. I've got15 general remarks, which have also been16 endorsed by the Development Workshop. We17 have more specific remarks which I'd like18 Mr. Little of the Coalition to present,19 which have not been endorsed by the20 Development Workshop. So if I have your21 okay, I'd like to present our general22 comments.23
Is he24 going to come forward and testify at the25 112 6/15/11 - WHOLE - RES. 1104591 end or are you going to present both2 testimonies?3
I would like4 him to speak briefly after I finish, if I5 may.6
The Crosstown8 Coalition is a consortium of 12 civic9 associations, Center City residents, East10 Falls Community Council, East Passyunk11 Civic, Logan Square Neighborhood,12 Northern Liberties Neighborhood, Old City13 Civic, Overbrook Farms Club, Queen14 Village Neighborhood Association, Society15 Hill Civic Association, South Broad16 Street Neighborhood Association and17 SOSNA, the South of South Neighborhood18 Association. We formed this coalition19 group to address the issues raised by the20 Zoning Code reform efforts. We followed21 the ZCC process for more than two years.22 We've issued more than 100 pages of23 commentary on the various Zoning Code24 proposals that have been presented.25 113 6/15/11 - WHOLE - RES. 1104591 At our last meeting, we2 resolved to analyze the current draft of3 the Code that was recently presented to4 Council over the summer, and it's our5 plan to have a written analysis of this6 draft available for Council's review in7 the fall.8 Our first request is that9 Council set aside time in the fall for10 the conduct of public hearings prior to11 the preparation of Council's response to12 the current ZCC draft.13 Our second proposal is that14 some time be spent by Council over the15 summer in preparation for the fall16 hearings.17 If the past two years have18 taught us anything, we've learned that19 Zoning Code reform is a large and complex20 task. The members of the Zoning Code21 Commission have devoted an extraordinary22 amount of time and energy, generated23 literally thousands of pages of draft24 materials, and their staff has been25 114 6/15/11 - WHOLE - RES. 1104591 tireless in moving the process along.2 But because this is a large task3 involving so many details, we suggest4 that Council consider working on this5 project during the summer recess.6 Perhaps Council President Verna could7 organize break-out sessions during the8 recess so that when fall arrives, Council9 can convene prompt and fruitful hearings.10 A useful model created by the11 Zoning Code Commission was the series of12 stakeholder meetings which were topically13 based. For example, there was a14 stakeholder meeting on overlays, and15 another suggestion was devoted to an16 analysis of use provisions. And17 obviously it would be useful to have18 outreach in each Council District so that19 the individual concerns of every20 neighborhood can be taken into account.21 So we look forward with working22 with Council to ensure that the City23 obtains its best possible Zoning Code.24 And those are -- that's the end25 115 6/15/11 - WHOLE - RES. 1104591 of my remarks. Those remarks once again2 were endorsed by the Development3 Workshop, and I'd like to have Mr. Little4 address some of the specific topical5 concerns that our group, the Crosstown6 Coalition, has.7
Thank you. I'm9 going to be brief.10 Our Coalition is a broad11 coalition over Northeast, Central and12 West Philadelphia.13
I'm sorry. My16 name is Sam Little. I am a member of the17 Coalition, the Crosstown Coalition, and18 I'm also the President of the Logan19 Square Neighborhood Association.20 Our Coalition has worked very21 hard for success, not failure, of this22 plan. We think it is a terrific advance23 in terms of what it will do. I would24 just follow what Steve says. A couple of25 116 6/15/11 - WHOLE - RES. 1104591 key issues amongst the really good ones2 for neighborhoods and where there's never3 really been anything quite like this, the4 civic design review -- and I think you5 may have heard about it this morning --6 really gives the neighborhoods a place at7 the table in terms of better development,8 more effective development and more9 adaptive development to the neighborhoods10 it's in. The community organizations are11 going to be given a greater identity and12 more responsibility to make this work.13 So those are two really good points.14 We do believe that there are a15 few key points we would like to resolve16 and maybe even change a bit before this17 plan is finalized. One is that, just as18 an example, the bulk of buildings in19 dense commercial areas we think needs a20 little bit more regulation. It's21 complicated. There is a new innovative22 system called "sky planing" to control23 the bulk of buildings in key locations.24 We believe that some form of form-based25 117 6/15/11 - WHOLE - RES. 1104591 control needs to be extended to the CMX-42 and CMX-5 areas. Technical, but3 important in terms of lower density4 residential neighborhoods that are right5 nearby.6 I would like to -- hearing the7 previous testimony -- and I agree that we8 have to have compromise and we have to9 have concessions. I think there's10 something more important that the Zoning11 Code can do, which is to empower the12 different parties to collaborate to make13 something better than some of its parts.14 In Logan Square Neighborhood Association,15 we have had the benefit of a great16 location, good people, a -- it's a large17 area. It goes from Broad Street to the18 river, Spring Garden to Market, but we19 right now have the better part of one20 billion dollars worth of development that21 is either underway in construction or is22 going to happen, and there are a couple23 of important reasons for this. One is24 the location. The second is the level of25 118 6/15/11 - WHOLE - RES. 1104591 collaboration between developers and2 neighborhood. And I think, third, we3 have had the benefit of a neighborhood4 plan, which the Planning Commission has5 accepted. And, finally, in a6 councilmanic way, our councilmanic7 guidance has not been made the decisions8 for a project or against, but has told9 both developers in the neighborhoods,10 Work it out, and this has led to a better11 product, sometimes harder to do, but it12 is better for both the neighborhoods and13 I believe for development as well.14 And in that sense, I want to15 come to the point, and I'll conclude, is16 that we had asked previously of Council17 that greater support be provided than18 initially suggested for the district19 planning process. We feel that this is a20 critical element in bringing21 neighborhoods to a better understanding22 of opportunities, a better recognition of23 constraints, and developers as well, in24 the all-important remapping process. I25 119 6/15/11 - WHOLE - RES. 1104591 know these have been considered as2 separate, but I would hope that both3 Council and the Planning Commission and4 the neighborhood organizations of the5 whole see them coming together in a very6 much more productive way.7 Thank you. Those are my8 comments.9
Thank you10 very much.11 While you're sitting there,12 you're Ms. --13
Thank you very17 much. I am here wearing several hats. I18 am a member of the Crosstown Coalition on19 behalf of East Falls Community Council,20 and we fully endorse the comments which21 were just made.22
As residents,25 120 6/15/11 - WHOLE - RES. 1104591 we're stakeholders. 2 Together we hope to be more powerful, and3 we have been assiduously following and4 working with the proposed changes to the5 Code. I agree that they are a vast6 improvement. There are, however, certain7 areas which raise deep concerns for us,8 and I say this as a person who has been9 the Chair of the Zoning and Land Use10 Committee of our community for several11 years. I just completed the Citizens12 Planning Institute course, and my13 concerns remain, that despite the best14 efforts -- and I believe they were well15 intentioned -- the way the proposed Code16 is now drafted, it does not adequately17 protect, preserve and enhance the18 individual characteristics of successful19 neighborhoods. 21 There are areas of concern22 which include Section 14-404, which23 provides for what are special24 institutional districts, which does not25 121 6/15/11 - WHOLE - RES. 5 section. Some others10 are also allowed uses by special11 exception, which sounds as if the12 community might have an opportunity to13 have them disallowed. However, the way14 the Code is now drafted, the community15 will be effectively precluded from16 preventing any of those special17 exceptions, because they're not really --18 the standards by which one could object19 to and prevent a special exception are so20 high. 25 122 6/15/11 - WHOLE - RES. 7 Finally, there's been a lot of8 consolidation of overlays. East Falls9 has special district controls, commonly10 known as an overlay. 20 One of the things they've21 dropped -- and they keep insisting it22 didn't belong in the Code, but it was in23 our overlay -- was a venting requirement24 for restaurants. Because we're at the25 123 6/15/11 - WHOLE - RES. 8 So those are some of our9 concerns. I think that a lot of them in10 terms of the special districts and the11 institutional development districts, the12 special institutional districts in the13 new Code and uses, are shared by many14 other similar communities. 22 We thank you for your attention23 and the opportunity to testify. I24 apologize for not having my comments25 124 6/15/11 - WHOLE - RES. 1104591 printed for you. 9
Thank you.10 And there will be an opportunity for11 further discussion when we begin the12 hearings in the fall.13
Good morning,19 Madam Chair. Before I give you my brief20 testimony, I'd like to ask if we could21 testify as a group. There are four of us22 here together really concerning --23
Are you24 going to say the same thing?25 125 6/15/11 - WHOLE - RES. 1104591
No. There are2 four of us here together who are coming3 from the same community, but we're all4 listed and registered for testimony.5
No; Ms.18 Shikomba, then -- let's let her testify19 first and then the four of you come up.20 Okay?21
Thank you very25 126 6/15/11 - WHOLE - RES. 1104591 much, Councilperson Tasco. My name is2 Madeline Shikomba. 4 I would like to congratulate5 the Zoning Commission on what they have6 done. 7 However, I find that what they presented8 to us over the course of time has changed9 dramatically. 14 I have prepared a written15 statement for City Council, but because16 some of the sections, the numbers and17 everything was changed and I'm trying to18 coordinate between reading back and forth19 between what was happening in the last20 rewrite of May and what they sent to you,21 there were changes made, slight word22 changes that somehow changed the meaning23 of the entire thing. For instance,24 especially on neighborhood community25 127 6/15/11 - WHOLE - RES. 1104591 groups. 4 If an application calls for5 specific design, they only have to meet6 once with the community group. 13 Now, when I looked back, this14 section was not the section. It was15 changed. 18 Getting back to neighborhood19 community groups, my major argument is20 this: The RCOs, as they called them,21 have been really muted in what they have22 to say. 24 These rules of the Commission don't even25 128 6/15/11 - WHOLE - RES. 1104591 exist. 3 They have also changed certain4 things as -- one of the changes said,5 changes were already -- one of the6 things, it says Regulations of the Zoning7 Administrative Manual. 9 When I asked, well, where are the10 regulations of the Commission, they don't11 exist. How can you have regulations of12 the Commission? The regulation of the13 Zoning Manual is there. 16 I want to know what are the regulations17 of the Commission. 19 Okay. They also paraphrase20 many things concerning the L&I,21 concerning the duties and everything,22 which they did exclude from this working,23 which didn't agree with the wording in24 the Charter. 25 129 6/15/11 - WHOLE - RES. 1104591 Furthermore, decisions -- L&I2 have been given the right to make a lot3 of decisions. They now take it out of4 the purview of the community groups to5 even challenge. That means that the6 developer can go right straight to L&I,7 which he can do right now under certain8 conditions under the present Zoning Code,9 get what he want and don't even have to10 talk to the community. 19 There are some influences that are in20 this document, especially concerning21 community groups, that need to be22 addressed, and I think we should take our23 time when reviewing this document. I24 commend them on what they have done, but25 130 6/15/11 - WHOLE - RES. 3 I have other things I have --4 because I've talked to you before about5 these things, and I will give it to you6 in writing, once I've been able to7 compare the last document I got from them8 and the current document I get from them,9 that there is so many changes, I have10 gotten confused. Section numbers have11 been changed. 14 My last comment is, I wish you15 will consider establishing a position of16 public advocate. That is a person that17 we as the public can go to who can help18 us to navigate through this maze. 25 131 6/15/11 - WHOLE - RES. 2
Thank you3 very much. You will have an opportunity4 when we reconvene to present your5 argument, and you might want to present6 that in a written testimony to Council7 prior to that.8
So this is10 just the opening to begin the discussion,11 so it will be ongoing and you'll have an12 opportunity to continue bringing your13 concerns to the Council.14
All right.16 Now the other ladies, Robyn Tevah, Paula17 Paul, Connie Winters, you may come18 forward, please.19 (Witnesses approached witness20 table.)21
Thank you, Madam22 Chair, for allowing us to do it this way.23 My name is Yvonne Haskins. I'm here24 representing myself as a developer in25 132 6/15/11 - WHOLE - RES. 1104591 Germantown as well as representing2 neighbors in the West Central Germantown3 area.4 We're here to ask that the5 Council pay attention to Germantown. The6 significance of Germantown is its7 historic value has been ignored by the8 Zoning Commission in its removal of the9 special overlay for Lower and Central10 Germantown that -- West Central11 Germantown that Councilwoman Donna Reed12 Miller had passed in 2007. This special13 overlay specifically seeks to preserve14 the historic significance of Germantown.15 Germantown was the first16 municipality in the State of17 Pennsylvania. I don't know if many18 people are aware of that. It has as many19 historic properties and sites as Center20 City.21 The Commission has preserved22 North Central -- a North Central overlay23 that deals with uses, and that's the only24 overlay that I saw that is being25 133 6/15/11 - WHOLE - RES. 1104591 preserved that deals with uses. It2 suggests an overlay for Germantown Avenue3 that deals with height and setback and so4 forth.5 We're asking that the special6 control district that was passed for7 Germantown be preserved just as you're8 doing it for North Central. We're also9 asking that the Council adhere to what10 others are suggesting, that you delay11 moving too fast on passage.12 We certainly commend the13 Commission in its work. We commend all14 of the efforts and all of the outreach,15 but this is going to be something that is16 our future that dictates what Germantown17 will look for as its special protection.18 And so I'd like to turn it over19 to one of -- would you like to go next,20 Paula?21
Good afternoon, I25 134 6/15/11 - WHOLE - RES. 1104591 guess. My name is Paula Paul. I'm a2 30-year resident of Germantown. I'm here3 as a resident, although I'm a member of a4 number of community groups, Neighborhood5 Networks, Germantown Community6 Connections, West Central Neighbors, but7 I'm here as an individual resident,8 because I love my neighborhood. I've9 lived there a long time. My son went to10 public school there. And when I arrived11 in Germantown when I needed a birthday12 cake, I'd go on the Avenue to buy one.13 If I wanted groceries, I'd go to the14 corner to Shop Rite and shop. Gone.15 When I wanted to take my child to summer16 camp, we'd go to the Germantown Women's17 Y. Gone. If I wanted to buy a gift for18 someone, I went to a gift store in the19 neighborhood mall. Gone. And over the20 years, our business district, our21 commercial corridor, has deteriorated22 tremendously with an abundance of dollar23 stores and cell phone stores and wig24 stores, and fortunately, our City25 135 6/15/11 - WHOLE - RES. 1104591 Councilwoman got an overlay passed for us2 limiting this so that we could induce3 other kinds of businesses to our4 neighborhood, which is a beautiful5 neighborhood, close to Wissahickon Park,6 full of community gardens and full of7 magnificent historical sites.8 So we were very excited when a9 property, the largest property, between10 Chelten and Rittenhouse Street along11 Pulaski right next to a train station12 became available for development, and13 were very upset, the neighbors really14 were upset, to find out that lo and15 behold on this property was going to come16 another dollar store.17 We're very interested in18 keeping the overlay that protects our19 neighborhood from variety stores of a20 certain kind be part of the new Zoning21 Code, because we're for progressive22 zoning. We want reform, but we also want23 to support new business coming into our24 community. There is new investment25 136 6/15/11 - WHOLE - RES. 1104591 coming in, and we want the area around2 the Chelten Train Station to be unique,3 different, aesthetically beautiful,4 pleasing and have businesses that will5 bring all our neighbors back to the6 neighborhood.7 We lose a tremendous amount of8 money in our neighborhood because our9 neighbors shop elsewhere. They go to10 Roxborough. They go to Mount Airy. They11 even go to West Oak Lane to the Fresh12 Grocer over there, but we need stores13 that keep the money in our neighborhoods.14 So we're here not to ask for15 money from City Council. We're here to16 ask you to let us bring new money into17 our community by keeping the overlay in18 place that let's us restrict more variety19 stores and dollars stores coming to our20 neighborhood. I think someone else will21 be telling you exactly how many of those22 stores we actually have.23
My name is Connie25 137 6/15/11 - WHOLE - RES. 1104591 Winters. I'm almost embarrassed to admit2 that I'm a 35-year resident of Germantown3 and I have a background in city planning.4 I've been working to redevelop houses in5 Germantown since I got there, and I6 formed a company called Historic7 Germantown Properties in the year 2000,8 which was specifically formed to improve9 the commercial district. I brought five10 copies of three of my buildings, and I'm11 wondering if I could hand them to you.12 The one on the top is a tax13 credit project at the corner of Chelten14 and Pulaski. The one in the center is15 another building on Chelten Avenue that's16 directly across the street from that, and17 the third one is a facade reconstruction18 of a historic building on Germantown19 Avenue.20 I'm also here to speak in21 behalf of having the overlay retained,22 because it denies or prohibits certain23 uses that have proliferated for the last24 15 years on Chelten Avenue and Germantown25 138 6/15/11 - WHOLE - RES. 1104591 Avenue that have brought our business2 district down.3 In the three buildings that4 I've given you pictures of, I've adhered5 to the standards of the ordinance over6 the last ten years without any oversight,7 because I understand the need for a8 healthy multi-dimensional commercial9 district. The commercial district10 impacts the surrounding residential11 districts, the values of the housing12 stock and thus the flow-through to the13 City in terms of real estate revenue.14 Chelten Avenue as a business15 district extends from Germantown Avenue16 all the way actually to Morris Street and17 then it extends for two blocks further to18 Wissahickon Avenue, but that's primarily19 residential. I own three buildings with20 a total of 15 apartment units. I rent21 these apartments myself, and I'm aware of22 what it takes to keep young employed23 tenants in Germantown, and we have very24 few of the things that they want to see,25 139 6/15/11 - WHOLE - RES. 1104591 so eventually they usually move on to2 Northern Liberties or Center City.3 The access to the park is a big4 plus, but we need a coffee shop. We need5 a nice neighborhood bar and restaurant.6 We need a high-class deli. We need a7 hardware store. And what we have is 188 beauty shops, seven nail salons, eight9 cell phone stores and 11 dollar stores.10 So this does not encourage people to shop11 in the area.12 This ordinance prevents the13 proliferation of those if it's enforced,14 and we'd like to see it retained in the15 new zoning laws.16 Thank you.17
Thank you, Chairman20 Tasco and members of the Council. My21 name is Robyn Tevah and I am here as an22 individual, but I've been a member of23 Germantown Community Connections since24 the beginning. I am now chairing the25 140 6/15/11 - WHOLE - RES. 1104591 committee for WCGN, West Central2 Germantown Neighbors, which is3 specifically on this project next to the4 train station, and I'm a member of a new5 group called Germantown Cares, which has6 a website you can find.7 I've been to several of the8 meetings about zoning changes. I've gone9 online and filled out those10 questionnaires. I've done things like11 that. But it wasn't really apparent to12 me from any of these how disastrous the13 loss of the overlay would be for14 Germantown and how different Germantown15 is than many other areas outside of16 Center City.17 For instance, if you look at18 the Manayunk overlay, you get down to --19 they have itemized letters A through O.20 You get down to O before they use the21 word "historic." So when you look at --22 which I was not able to find online, so I23 just reviewed it this morning. But when24 you look at the proposed way of keeping25 141 6/15/11 - WHOLE - RES. 1104591 some kind of overlay type thing in the2 new Code, it's all about commercial3 corridor. It doesn't seem to mention the4 word "historic." And so you need the5 sense it's protecting the historic nature6 that we need, along with doing things7 that will help economic revitalization.8 I moved to Philadelphia five9 years ago. I have lived maybe a dozen10 places in my life, and I have never found11 as warm and lovely a community as12 Germantown. I love all of Philadelphia,13 but Germantown is really special. And I14 do not want to see a low-end15 suburban-style strip mall built right16 next to the train station, which ought to17 be the gateway to downtown Germantown.18 It goes against the transit-oriented19 development plan for Nicetown and20 Germantown that the City Planning21 Commission put together. The proposed22 development does not use any23 transit-oriented development concepts,24 and by removing the overlay, it gives us25 142 6/15/11 - WHOLE - RES. 1104591 no time to get any of those protections2 in to preserve our community.3 Thank you.4
Thank you5 all very much for your testimony. We6 appreciate it.7
I have it.10 Did you give the -- they're the ones that11 need it. I have it for myself. Thank12 you.13 The Chair recognizes Cheryl14 Gaston.15 Is there anyone else here to16 testify on this resolution?17 (No response.)18 (Witness approached witness19 table.)20
Good afternoon,23 Chairwoman Tasco and members of Council.24 My name is Cheryl Gaston. I am Chair of25 143 6/15/11 - WHOLE - RES. 1104591 the Real Property section of the2 Philadelphia Bar Association. I served3 as counsel to the Zoning Board of4 Adjustment for 17 years, and I was a5 member of the Law Department for 196 years, where I specialized mainly in7 zoning matters.8 Our Real Property section has a9 subset of our best zoning attorneys who10 worked for a long time here to review the11 Zoning Code Proposals of the Zoning Code12 Commission, and we have the following13 comments to make.14 The Real Property section of15 the Philadelphia Bar Association shares16 with the Zoning Code Commission the17 desire to provide all Philadelphians with18 a simple, transparent and effective19 Zoning Code with which to guide20 development. In that spirit, we spent21 countless hours intensively reviewing the22 Zoning Code Commission's Modules 1, and23 and red line, blue line and green line24 drafts of the proposed Code, a task made25 144 6/15/11 - WHOLE - RES. 1104591 daunting as the Commission moved through2 the Code revision process.3 Since adoption of the Zoning4 Code Commission's draft preliminary5 report, the green line that was dated6 March 2nd, 2011, we submitted extensive7 written comments and met with the Zoning8 Code Commission on numerous occasions to9 review those comments.10 Just hours before a scheduled11 meeting with the Zoning Code Commission12 on Thursday, April 28th, 2011, we learned13 the ZCC chose to revise substantially14 certain standards regarding the legal15 process for the grant of variances and16 special exceptions. The revisions17 represented wholesale changes of sections18 for which different revisions had been19 agreed to at previous meetings. The20 result was that the entire April 28th21 meeting was consumed by discussions of22 these revisions, leaving much of the23 draft Code that is yet to be reviewed.24 We also learned at that April25 145 6/15/11 - WHOLE - RES. 1104591 28th meeting that the Zoning Code2 Commission expected any comments with3 respect to the significant revisions to4 be submitted by Monday, May 2nd, 2011, a5 deadline we scrambled to meet.6 We were also informed at the7 same April 28th meeting that the Zoning8 Code Commission planned to release a9 preliminary report, the purple line I10 think as it's called, on Wednesday, May11 the 4th, again, with significant changes12 and would vote to send this report to13 City Council on May 11th, 2011.14 Upon cursory review of the15 preliminary report, the Real Property16 section could not, in such a short time,17 properly review or meaningfully comment18 upon this preliminary report. We19 informed the Zoning Code Commission of20 this by letter prior to the May 11th21 meeting.22 While the changes embedded in23 the preliminary report may even improve24 it -- and we will concede that the25 146 6/15/11 - WHOLE - RES. 1104591 process of continual revision that has2 gone on during this process has resulted3 in an improved document -- we remain4 convinced that numerous provisions5 require further study and revision in6 order to make this preliminary report a7 sound document.8 We plan to review, analyze and9 prepare written documents concerning the10 preliminary report over the summer. We11 believe that our input will make a12 substantial contribution to City13 Council's deliberations and response to14 the preliminary report, and as such, we15 respectfully request that City Council16 provide us with the time required to17 properly review and provide written18 comment and that Council set aside time19 in the fall for public hearings before20 Council prepares its response to the21 preliminary report.22 We look forward to working with23 City Council to produce the fair,24 sensible and smart Zoning Code all the25 147 6/15/11 - WHOLE - RES. 1104591 citizens of Philadelphia need and expect,2 and we thank you for giving us the3 opportunity to testify.4
And we5 thank you for taking time to come and6 testify. We certainly will be having7 extensive hearings. So you have an8 opportunity to present your argument.9
Is there12 anyone else here to testify on this13 resolution?14 (No response.)15
There16 being none, this Committee is -- did I17 see your hand?18 (Witness speaking without19 microphone.)20
No. This21 is not the L&I Committee. That's coming22 up next. This is the Committee of the23 Whole discussing the Zoning Commission's24 new Zoning Code revision. You all right?25 148 6/15/11 - WHOLE - RES. 1104591 UNIDENTIFIED SPEAKER: Yes.2
Thank you.3 This Committee will stand4 adjourned until the call of the Chair.5 Thank you all very much for your time.6 (Committee of the Whole7 adjourned at 12:45 p.m.)8 - - -9 10 11 12 13 14 15 16 17 18 19 20 149 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on June 15, 2011, and that7 this is a true and correct transcript of same.8 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23