COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania Tuesday, October 7, 2025 10:20 a.m. PRESENT: COUNCILWOMAN CINDY BASS, CHAIR COUNCILMAN MARK SQUILLA, VICE-CHAIR COUNCILWOMAN JAMIE GAUTHIER COUNCILMAN BRIAN J. O'NEILL
Good morning. This hearing is now called to order. This is the public hearing of the Committee on Rules. Members and guests will please take their seats and this hearing is now called to order. And I'll ask the Clerk to now take the roll.
A quorum of the committee is present. The Clerk will please read the titles of the bills.
Bill No. 18 250493, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, 9th Street, Erie Avenue and Broad Street. Introduced by Councilmember Young. Bill No. 250706, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grange Avenue, Park Avenue, Chew Avenue and Broad Street. Introduced by Councilmember Phillips. Bill No. 250719, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Wilt Street, Gratz Street, Montgomery Avenue and 19th Street. Introduced by Councilmember Young. Bill No. 250721, an ordinance amending Section 14-500 of The Philadelphia Code, entitled "Overlay Zoning Districts" by amending Section 14-515, entitled "Northeast Overlay District," and making related changes, all under certain terms and conditions. Introduced by Councilmember O'Neill. There are no other bills under consideration today.
Thank you, Madam Clerk. And will the Clerk please call the first panel we have to testify today on Bill No. 250493.
Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. (Witness approached witness table.)
Good morning. Please state your name for the record and proceed.
Good morning, members of the Rules Committee. I'm Paula Brumbelow Burns, Director of Legislation for the Philadelphia Planning Commission. I am here to testify on Bill No. 250493, introduced into City Council on May 8, 2025, by Councilmember Young. Bill No. 250493, amends the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Roosevelt Boulevard, 9th Street, Erie Avenue and Broad Street in the North Planning District. This bill is a direct result of the Community Remapping Program, where the Planning Commission staff works closely with the neighborhood and Council office to update zoning. The existing zoning in this area dates back to the establishment of the City's first zoning code in 1933. The neighborhood aimed to concentrate its density on blocks adjacent to existing transit resources, right- size zoning to match the scale of existing residential neighborhoods and encourage the redevelopment or reuse of underutilized industrial parcels. The proposed amendment to the bill will place the new RTA-2, Residential Two-Family Attached Zoning District, on the city map. The Philadelphia City Planning Commission considered Bill 17 No. 250493 at its public meeting on June 5, 2025, and recommended the bill for approval.
Thank you very much for your testimony. Are there any questions from members of the committee? (No response.)
And seeing none, I will ask Madam Clerk to please call up the next bill to be heard on today.
Bill No. 7 250706, Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission.
Thank you. Please state your name for the record and proceed.
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250706, introduced into City Council on September 11, 2025 by Councilmember Phillips. Bill No. 250706 amends the Philadelphia Zoning Maps by changing the zoning designation in an area bounded by Grange, Park, Chew Avenues and Broad Street. This area is located in the Olney neighborhood of the Upper North Planning District. This bill will change the zoning designation from CMX-2.5 to CMX-3, Commercial Mixed-Use for the property located at 5751 North Broad Street. This zoning change will facilitate a new urgent care facility that will serve the surrounding neighborhood. The Philadelphia City Planning Commission will consider Bill No. 250706 at its public meeting on October 16, 2025, where the staff recommendation will be for approval of the bill. I'll be happy to answer any questions at this time.
Thank you for your testimony. Any questions from the committee? (No response.)
And seeing none, let me ask you is there anyone here who would like to testify on this bill? (No response.)
And seeing none, thank you very much for your testimony. Madam Clerk, please call the next panel to testify on Bill 12 No. 250719.
Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission.
Good morning. Please state your name for the record and proceed.
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250719, introduced into City Council on September 11, 2025, by Councilmember Young. Bill No. 4 250719 amends the Philadelphia Zoning Maps by changing the zoning designation of land located in area bounded by Wilt Street, Gratz Street, Montgomery Avenue and 19th Street in the North Central Philadelphia neighborhood of the Lower North Planning District. This bill will change the zoning designation for several properties on the north side of the 1800 block of Montgomery Avenue. The zoning designation will change from RSA-5, Residential Single- Attached, to CMX-2, Commercial Mixed-Use, in order to facilitate a project for Habitat for Humanity. The Philadelphia City Planning Commission will consider Bill No. 250719 at its public meeting on October 16, 2025 and staff will recommend approval of the bill. I will be happy to answer any questions at this time.
Thank you very much for your testimony. Are there any questions by members of the committee? (No response.)
And seeing none, is there anyone else here to testify regarding this bill?
Ed McCauley, Director of Real Estate Development for Habitat for Humanity Philadelphia. (Witness approached witness table.)
Good morning. MR. McCAULEY: Good morning, Madam Chair and members of the Committee. My name is Ed McCauley and I am Director of Real Estate Development for Habitat for Humanity Philadelphia. Madam Chair, thank you for allowing us to testify today. We would also like to thank Councilmember Jeffrey Young for his sponsorship of Bill 12 No. 250719 and for his ongoing support of Habitat for Humanity Philadelphia. Thank you also to the Planning Commission for its support of the bill. Bill No. 250719 seeks to amend the zoning designations of certain areas of land located within an area bounded by 19th Street, Wilt Street, Gratz Street and Montgomery Avenue. The proposed zoning designations will be amended from RSA-5 to RM-1 and CMX-2, zoning designations. Such remapping of these certain parcels owned for many years by Habitat for Humanity Philadelphia will allow Habitat to fulfill its mission to create new affordable housing and homeownership opportunities as well as develop long vacant and underutilized lots. Habitat envisions providing affordable residential dwellings as well as commercial space that will allow Habitat to expand its offices to better serve the community and the residents through programs and educational workshops. The development proposes approximately new 20 affordable housing units, strengthening the fabric of the community as well as office space, which will include a larger meeting room that may accommodate community meetings and various programs, including owner-occupied home repair and affordable homeownership. In conclusion, Habitat respectfully requests that the Committee recommend passage of the bill to allow this important and vital development project to move forward. Thank you.
Thank you very much for your testimony. Are there any questions from the committee? (No response.)
Okay. Seeing none, thank you again. Madam Clerk, is there anyone else here to testify on this bill?
And I'll just publicly ask is there anyone here to testify on Bill No. 4 250719 whose name has not been called? (No response.)
And seeing none, I want to thank you for your testimony. Madam Clerk, please call the witness for the next bill.
Will Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission, please approach the witness table. (Witness approached witness table.)
And as I finish up on this one, I am still Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250721, introduced into City Council on September 11th by Councilmember O'Neill. Bill No. 250721 amends The Philadelphia Zoning Code by amending Section 14-500, entitled "Overlay Zoning Districts" by amending Section 14-515 entitled "The Northeast Overlay District," which covers parts of the Central Northeast, Far Northeast and North Delaware Planning Districts. This bill will prohibit personal care homes and group living uses within the RSD, Residential Single Family Dwelling Districts, RSA, Residential SingleAttached Districts, and the RTA-1, Residential Two-Family Attached. The Zoning Code presently does not permit these uses within the RSD districts and requires a special exception in the RSA and RTA districts. This will still require applicants to attend the Zoning Board, but they will be required to prove a hardship for a variance instead of merely showing that they will have no significant impact. With a special exception, the group living use category addresses unit types that feature communal kitchen and dining facilities, including Greek organization living, group homes and temporary overnight shelters. Personal care homes are a subcategory of group living that provides housing where food, shelter and personal assistance are offered for a period of over 24 hours to four or more adults who are not related to the operator. They are not considered long-term licensed care facilities, but residents need assistance with personal care and/or financial management. These facilities would not be permitted in the proposed bill. The Philadelphia City Planning Commission will consider Bill No. 250721 at its public meeting on October 16, 2025. I'll be happy to answer any questions at this time.
Thank you. First of all, I'd like to clarify for the record that while I introduced this bill, it was co-sponsored by our 6th District Councilman Mike Driscoll and also that it covers his district as well, but there's a couple things I'd like to say for the edification of the committee as well as anybody listening or hearing about this matter. And it has less to do with personal care homes, although they become a major issue in Councilman Driscoll's District, and they're starting to become an issue in mind. And, that is, what is a special exception. And if you look here at the testimony, Paula, this will require applicants to attend the Zoning Board of Adjustment hearing. But unlike where they have to prove a hardship, and the community goes down there assuming they want to learn more about it, they want to oppose it, which happens often in zoning cases, and I take issue with they have to prove -- you say it in the letter, the applicant has to prove that they will have no 2 significant impact on the neighborhood. That's not true. That's not true. What happens is -- and I've been to a lot of special exception hearings over the years. It's a fraud on the community and the neighbors of any property that is under a special exception, because this is what happens. We're going to go to the Zoning Board. We want to fight this. Whatever it is, people come down, they start the hearing. Everybody's waiting for the applicant to put their case on. There's no case to put on. It's deemed legal. It is deemed legal. The burden is on the community, usually with no lawyer to show that this will basically destroy their neighborhood because it's very subjective contrary to the health, safety and welfare of the neighborhood, their community. You and I may disagree on all of this and anybody up here may have a disagreement as to whether this is -- but these neighbors are fighting it and they have nothing to fight with, because they've been brought down thinking they were going to fight this. It's deemed legal. They do not have to put testimony on of any kind. And I don't want special exceptions in my District for that reason. And I apologize to the Committee that this was in my District because it would have been out a long time ago. All right. I still don't know how it got in. But we're here today to remove the special exception, make it a variance where the community has input. That's all. And most of the time variances get worked out with the community. I mean, that's just been my experience. When it doesn't get worked out, it's really bad. But the Zoning Board is there and the law gives the community some importance in terms of the applicant's burden and this doesn't, so it's not just personal care homes. It is the special exception provision itself. And I would ask every District Councilmember to look hard at special exceptions because it might as well have a why. And if you want it to have a why, put a why on it because that's really what it is and the community gets misled every time one comes up. Thank you.
Well, thank you, Councilman. And I want to thank you for your explanation. And the theory and the thought process behind the legislation sounds like it's all around making sure that there is input from the community or actually I will say meaningful input. One of the things that we hear over and over again is that folks don't feel that their input really can change anything, and it really dissuades them from participating on any level in, you know, any governmental decisions. So, Councilman, we thank you for that explanation. Any other comments from the committee? (No response.)
All right. Thank you very much for your testimony. Is there anyone else here to testify on Bill No. 250721? (No response.)
Okay. Seeing none, we want to thank everyone for being here and we're now going to go into our public meeting. We will now go into a public meeting shortly to consider the action of the bills to be taken before the committee today. Can we have a quorum check, Madam Clerk?
Okay. Thank you for your patience. We will now go into a public meeting. Will the -- we already called the roll. I note for the record that a quorum of the committee is present. The Chair now recognizes Councilmember Squilla for a motion on Bill No. 250493.
Thank you, Madam Chair. I move that Bill No. 3 250493 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended as to permit the first reading of this bill at the next session of Council. (Duly seconded.)
It has been moved and properly seconded that Bill No. 250493 be reported from this committee with a favorable recommendation and further remove that the rules of Council be suspended to permit first reading of this bill at the next session of Council. (Duly seconded.)
All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it and the motion carries. Chair now recognizes Councilman Squilla for a motion on Bill No. 250706.
Thank you, Madam Chair. I move that Bill No. 13 250706 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended as to permit the first reading of this bill at the next session of Council. (Duly seconded.)
It has been moved and properly seconded that Bill No. 250706 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at the next session of Council. All those in favor of this motion will signify by saying aye. (Aye.)
Okay. The ayes have it and the motion carries. Chair now recognizes Councilmember Squilla for a motion on Bill No. 250719.
Thank you, Madam Chair. I move that Bill No. 22 250719 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended as to permit the first reading of this bill at the next session of Council. (Duly seconded.)
It has been moved and properly seconded that Bill No. 250719 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at the next session of Council. All of those in favor of this motion will signify by saying aye. (Aye.)
The ayes have it and the motion carries. And I now recognize Councilmember Squilla for a motion on Bill No. 250721.
Thank you, Madam Chair. I move that Bill No. 7 250721 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended as to permit the first reading of this bill at the next session of Council. (Duly seconded.)
It has been moved and properly seconded that Bill No. 250721 be reported from this committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at the next session of Council. All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it and the motion carries. And if there are no 11 additional remarks from the committee or our guests, this concludes the business of the Committee on Rules for today. Thank you all very much for your attendance.
You're welcome. (Committee on Rules concluded at 10:55 a.m.) C E R T I F I C A T I O N I, hereby certify that the proceedings and evidence noted are contained fully and accurately in the stenographic notes taken by me in the foregoing matter, and that this is a correct transcript of the same. __________________________________ TANEHA CARROLL