COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, March 15, 20117 10:10 a.m. PRESENT: COUNCILMAN JAMES KENNEY, CHAIR10 COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE12 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN13 BILLS 100759, 100873, 110005, 110006 and15 110083 - - -17 2
Excuse me,2 ladies and gentlemen. We don't have a3 quorum yet, so we're not getting started,4 but I just wanted to make a last-minute5 announcement that Bill No. 110083, which6 is the 12th and Chestnut Street property,7 is being held at the request of the8 sponsor to a date certain, which would be9 Wednesday, March 23rd at 10:00 a.m. in10 this room. Thank you.11 (Pause.)12
Good13 morning again, ladies and gentlemen. We14 now have a quorum of the Rules Committee15 consisting of myself, Councilman Kenney;16 Councilman DiCicco; Councilman Goode;17 Councilmember Reynolds Brown; and18 Councilman Greenlee.19 The first bill for20 consideration today is Bill No. 100759,21 which is amending Title 14 of The22 Philadelphia Code, entitled "Zoning and23 Planning," by amending Section 14-305,24 entitled "'C-4' Commercial and 'C-5'25 3 3/15/11 - RULES - BILL 100759, ETC.1 Commercial Districts," by revising2 parking and area regulations and3 regulations relating to signs and4 off-street loading and trash storage in5 the area bounded by Arch Street, Juniper,6 Cuthbert Street, Broad Street, all under7 certain terms and conditions.8 (Witness approached witness9 table.)10
Good11 morning, Mr. Kramer. Please identify12 yourself for the record.13
Good morning,14 Councilman Kenney, members of the Rules15 Committee. I am William Kramer, Division16 Director of the Development Planning17 Division of the Philadelphia City18 Planning Commission. I am here to19 testify on Bill No. 100759, which was20 introduced by Councilmember DiCicco21 November 4th, 2010.22 Bill No. 100759 will amend23 Section 305 of the Philadelphia Zoning24 Code in order to facilitate the25 4 3/15/11 - RULES - BILL 100759, ETC.1 development of a portion of an area2 bounded by Arch Street, Juniper, Cuthbert3 and Broad Streets with a parking garage.4 This site is currently a surface parking5 lot and is across Arch Street from the6 Pennsylvania Convention Center.7 Bill No. 100759 will amend8 Section 305 of the Zoning Code only for9 the area previously mentioned to allow a10 parking garage as a use, as well as11 removing the requirement for a special12 use permit for the garage use. There are13 also provisions to remove the14 requirements for a setback line above the15 65 foot height limit of a building and16 revisions for the trash storage and17 loading requirements in this section of18 the Code. Lastly, the bill will allow19 accessory signage on this building while20 maintaining the requirement of Art21 Commission approval.22 The proposed parking structure23 will contain ground floor retail uses to24 be built at the northwest corner of25 5 3/15/11 - RULES - BILL 100759, ETC.1 Juniper and Arch Street to better serve2 patrons of the expanded Pennsylvania3 Convention Center, with vehicular ingress4 and egress to occur on Arch Street and5 13th Street. The developer has met with6 neighboring property owners and is in the7 process of executing private agreements8 with them concerning the design,9 construction and other property-related10 impacts of the garage.11 The design of the garage facade12 must be approved by the City Planning13 Commission before building permits for14 this project can be issued.15 The Philadelphia City Planning16 Commission considered Bill No. 100759 at17 their meeting of February 15th, 2011.18 After consideration, the Commission19 recommended that the bill be approved20 with the proviso that the developer21 continue to work towards finalizing22 private agreements with the community23 that are mutually satisfactory.24 Since that time, we have had a25 6 3/15/11 - RULES - BILL 100759, ETC.1 request from the Law Department to2 request some technical amendments to the3 bill, which do not change the substance4 of it, but are language changes within5 the Code. They have been submitted.6 It's my understanding that the attorneys7 for the applicant in this matter also8 have an amendment to the bill, adding9 some relief needed for bicycle parking10 components of the Code. We are11 supportive of that agreement, and if they12 could be combined, we'd appreciate that.13 We have submitted them to the Clerk14 already.15
Mr. Kramer,16 for the record, could you please just17 explain the amendments that you're18 recommending.19
And I'll21 have the attorneys for the applicant do22 the same when they're testifying.23
There was a24 language amendment on the -- from the25 7 3/15/11 - RULES - BILL 100759, ETC.1 City's Law Department with regard to the2 language in what would say is Section 3,3 Use Regulations, (c) Parking Garage. It4 was originally saying that no special use5 permit is required for the area. The Law6 Department said it will do the same thing7 if we changed it to say that any garage8 in that neighborhood would require a9 special use permit, except for those10 permitted under the prior Section. So11 it's a technical language amendment to12 the Code.13 I believe there was one other14 one from Law that I'm trying to locate.15
No.24 There's two, I think.25 8 3/15/11 - RULES - BILL 100759, ETC.1
And there was a2 second one that was from the attorneys3 with regard to bicycle parking.4
Right. This would7 give relief under Section 14-1401 using8 Section 303 to provide such relief9 regarding the bicycle parking, changing10 it so that one bicycle parking space is11 being provided for every 50,000 square12 feet of building floor area if -- well,13 I'll let the attorneys determine how many14 that will provide, but we're okay with15 that change.16
Is that a17 standard? It seems like it's quite a lot18 of space for one bicycle.19
Good morning,24 members of Council. Peter Kelsen on25 9 3/15/11 - RULES - BILL 100759, ETC.1 behalf of Realen Property, the applicant2 and developer.3 Let me answer the question on4 bicycle parking first. We will provide5 bicycle parking. I believe there will be6 six spaces provided. It is a parking7 garage. The Code, which was fairly8 recently amended to require provision for9 bicycle parking in this district, really10 is intended for office buildings and the11 ratio is very high, as you see. We don't12 anticipate that need, but we feel it's13 the right thing to do, so we're providing14 the number that we feel is appropriate.15 If I may, I believe you have16 briefing booklets which we've handed out.17 As Mr. Kramer says, we've offered an18 amendment. We do support the Law19 Department amendment as well. We would20 also ask, as I begin my presentation, to21 suspend the rules to allow this matter to22 proceed expeditiously.23 The project site, as you see,24 is located on the south side of Arch25 10 3/15/11 - RULES - BILL 100759, ETC.1 Street between Broad and Juniper. It's2 175 feet along Arch Street, 134 feet to3 the rear. It's about 23,000 square feet4 of lot area. It is zoned "C-5"5 Commercial. As you know, that is our6 highest density, highest development7 district in the City. It allows for8 maximum floor area ratios of 12 times lot9 size, and that would allow development of10 about 280,000 square feet.11 This site has been vacant. It12 has been an open-air parking lot for at13 least 20 years, and what we propose to do14 in support of the Convention Center and15 other retail commercial uses, as well as16 residential uses in the area, is to build17 a 538-car parking garage, which will18 include approximately 16,000 square feet19 of ground floor retail commercial space20 intended to serve the community and the21 residents as well.22 The floor area that we propose23 is below that, which is the maximum under24 the district. We're about -- we will25 11 3/15/11 - RULES - BILL 100759, ETC.1 provide about 250,000 square feet of2 garage space. That includes the 16,0003 of retail commercial.4 The project is required and is5 intended to support the expanded6 Convention Center, which has just opened.7 It will also alleviate parking problems8 and pressures in the area. There's more9 residential, there's more institutional,10 and there is clearly more emphasis on11 parking required.12 Council will remember that as13 part of the expansion project, quite a14 few parking spaces located in that15 immediate vicinity were eliminated, and16 this will be an effort to maintain the17 parking that's required. We have engaged18 a parking and traffic consulting expert19 that has confirmed that this will in fact20 better the parking situation in the area21 and will not degrade the traffic22 considerations and conditions.23
After this24 weekend's Flower Show, I don't think we25 12 3/15/11 - RULES - BILL 100759, ETC.1 need a traffic study.2
It's pretty4 clear there's not a lot of places to5 park.6
Hopefully in two7 years at the next gate show, there'll be8 ample parking.9 We've designed this garage in a10 very meaningful way. The architects have11 labored to protect the block's view12 corridor, especially to protect the13 church on the corner, which is historic,14 which is our good neighbor. And we've15 set the structure back appropriately to16 protect the views along Arch Street.17 We are working very closely18 with the church. We're working very19 closely with the Masonic Temple that is20 to the adjacent site in order to create21 an agreement whereby we can all benefit.22 And that agreement is virtually done. We23 do have --24
Does the25 13 3/15/11 - RULES - BILL 100759, ETC.1 agreement include prohibitions on certain2 types of retail use?3
Well, what we've7 committed to do, Councilman, is rather8 than blanket prohibitions is to have a9 continuing dialogue with the near10 neighbors, including the Arch Street11 Exchange, which is a condominium building12 down the block, the church, as well as13 the Masonic Temple to preview, if you14 will, the retail uses that we envision.15 There are -- in fact, in one of the16 letter agreements, we have restricted17 adult uses, by way of example, or18 prohibited adult uses from being at that19 location.20
Regulated uses22 such as those governed by the23 Prohibitions sections of the Zoning Code,24 adult cabarets, dance halls.25 14 3/15/11 - RULES - BILL 100759, ETC.1
We don't plan on3 having them. We never intended to, but4 we wanted to give comfort that that would5 not be there.6 What we envision doing is7 having retail commercial such as8 restaurants, service retail that will9 support not only the Convention Center10 but the community itself.11 The legislation that is before12 you simply would allow the parking garage13 as a permitted use in "C-5." Currently,14 it is required now to go to the Zoning15 Board. It allows for certain upper floor16 setback modifications above 65 feet. It17 allows for off-street loading and trash18 storage, which is really not required for19 a garage, but the Code is pretty20 aggressive about that. It allows certain21 signage, as you see in the booklet, to be22 located above the second floor level and23 also extend beyond the property line.24 As I indicated, we have and25 15 3/15/11 - RULES - BILL 100759, ETC.1 will continue to work with our near2 neighbors to create a mutually acceptable3 agreement regarding not only the4 operation of the project but construction5 management issues, sharing of space with6 regard to the church so that they will7 get certain benefits in terms of8 mechanical space. I know representatives9 of the church are here today to speak as10 well.11
It is14 approximately 11 stories, yes.15 I would also note for Council16 that we have submitted and have created17 an economic opportunity plan. That was18 submitted to the Council previously. Let19 me give you the highlights of that, if I20 could.21 In terms of demolition22 construction employment opportunities,23 the ratios are as follows: Minority24 goals will be 25 percent minimum, five25 16 3/15/11 - RULES - BILL 100759, ETC.1 percent for women. Contract2 opportunities, 20 percent MBE, not less3 than eight percent WBE, not less than two4 percent DSBE. In terms of contract5 opportunities in the demolition and6 construction area, 20 percent MBE, eight7 percent WBE and two percent DSBE.8
I'm sorry.9 Is this attached to the bill? Do you10 have -- some Councilmembers want to see11 it in writing.12
It was submitted13 subsequently to the bill being14 introduced, but we do have extra copies.15
So you have20 it, okay.21 Will it be part of the22 actual -- I want to recognize23 Councilmember Brown.24
Good25 17 3/15/11 - RULES - BILL 100759, ETC.1 afternoon, gentlemen. It has become our2 custom here that when it comes to equal3 opportunity plans, we require that it be4 a part of the bill so that we have clear5 evidence and back-up documentation that6 what is projected verbally is factual on7 paper.8
Yes. In fact,9 that has been added to the legislation,10 Councilwoman, and we would certainly11 support having it referenced in the12 legislation, as we've done in prior13 legislation.14
Speak, if15 you will, to your track record in the16 area of MBE/WBE opportunities.17
The developer --18 well, certainly this is a new development19 and there is no history, but the20 developer has in the past constructed21 numerous projects, Edgewater Park and22 others outside of Philadelphia.23
We believe -- and,25 18 3/15/11 - RULES - BILL 100759, ETC.1 Councilwoman, we use the formula that we2 have used in prior development projects3 such as the Barnes Foundation, the Mormon4 Temple project, American Commerce Center,5 and we believe that those documents,6 certainly in the Barnes under their7 construction, have worked very, very8 well. We believe that the ratios that we9 set are equal and consistent with that,10 are achievable. The developer is fully11 committed. Mr. Maloomian is in the room,12 and he will testify, if you would like,13 as to his commitment. We've sized these14 so that we can do them.15
There is a17 unique -- it's a unique project in the18 sense that it is a structured parking19 garage. I don't -- I personally don't20 know of any other that have entered into21 an EOP plan other than perhaps at the22 Airport where it is a City project. This23 could be the first private garage24 developed based on this plan. We're25 19 3/15/11 - RULES - BILL 100759, ETC.1 excited about it. It is readily2 achievable.3
Yes. Let me6 introduce Dennis Maloomian of Realen7 Properties.8
Good10 morning. Just please identify yourself11 formally for the record.12
I'm Dennis13 Maloomian. I'm President of Realen14 Properties.15
So please19 share with me examples of your commitment20 to the ongoing issue of a level playing21 field for MBE/WBEs.22
Well, in this23 particular instance, we're committed to24 the goals and the figures that Peter just25 20 3/15/11 - RULES - BILL 100759, ETC.1 recited. We operate about 2,000 parking2 spaces in the City. Around the corner3 from the subject site, we have a very4 large parking garage that was built as a5 public-private collaboration with the6 Commonwealth of Pennsylvania and the7 Philadelphia Parking Authority.8
Now, we're not10 required to operate that garage in any11 specific way, but it's operated with12 staff from the Philadelphia Parking13 Authority.14
And we're16 particularly sensitive to our17 obligations, morally, not legally, but to18 recognize equal opportunity, and that19 garage is a very good example of that20 practice being in place for over ten21 years.22 I will tell you that it's23 something that's important to us. We24 haven't been required legally to do it in25 21 3/15/11 - RULES - BILL 100759, ETC.1 the past, but it's something that's2 important to us and it's something that3 we practice, and it's certainly something4 we're committed to doing in this5 instance.6
Well, as7 always, I'm beginning to know that8 leadership has a commitment, because it9 does start with leadership.10
And it's12 the view of members of Council that any13 cent of taxpayers' dollars, be it city,14 state or federal, we believe there should15 be attached to that opportunities for all16 people of color and gender to have access17 to opportunity. So it's encouraging to18 know that you as leadership fully19 recognize and embrace the notion and20 actually practice the notion that folks21 of color and women should have access to22 opportunity.23
Councilwoman, if I24 could just interject, when we began this25 22 3/15/11 - RULES - BILL 100759, ETC.1 process, I reached out and told2 Mr. Maloomian and his partners that as a3 condition for me to go forward with this4 legislation, we would put together an EOP5 plan, despite what may be required. I6 said this is the way it is going to be7 done. He stepped up. There was no8 discussion. It was, Tell me how we do9 it, tell me what the ratios are.10 This is leadership. And as I11 said a few moments ago, I'm proud of12 this. He's proud of this, because it13 could set a template for the type of14 construction activities and efforts that15 we don't have in Philadelphia. This is a16 very unique development.17
If we can begin to20 move into the realm of meaningful21 participation for structured parking22 facilities, we've come a long way.23
Thank you24 for your testimony.25 23 3/15/11 - RULES - BILL 100759, ETC.1
And we're2 taking this as more than a goal. I mean,3 we put the architectural engineering team4 together already for this project and5 assembled it to comply with these6 requirements.7
So that is8 to say then that you have9 professionals -- you have people of color10 and women across the spectrum of11 opportunity, from the professional side12 to laying the cement?13
And it's our14 intent to keep going as we further15 contract for this project, yes.16
Thank you.20 Please proceed with whatever21 else you may have.22
Just a25 24 3/15/11 - RULES - BILL 100759, ETC.1 question relative to the packet. Will2 the facade that we see, that will be the3 facade?4
Let me answer5 that, if I may. As Mr. Kramer said, the6 illustration that you have is an7 illustration of the facade. As we8 further develop the specs, we will be9 working with the Planning Commission,10 because a requirement in this district,11 which we did not modify, is that facade12 review prior to the issuance of a13 building permit be maintained at the14 Planning Commission staff level. In15 addition, whatever signage we propose in16 addition to the blade sign will be17 reviewed by the Art Commission.18
But what is19 represented in the packet is something20 that you would like to see?21
And that23 also baffles the look of the garage24 itself, because it's hard to tell it's a25 25 3/15/11 - RULES - BILL 100759, ETC.1 garage necessarily.2
That's the goal,3 to baffle it and to make it very4 architecturally pleasing.5
And if I might9 add, there's a significant green roof on10 this garage as well.11
Oh,12 wonderful. And you know about the tax13 credit?14
Tax credit16 for a green roof up to $50,000 for17 your --18
One of the20 things we passed here. So21 congratulations. A few more dollars you22 didn't know were coming.23 Councilman DiCicco.24 COUNCILMAN DiCICCO: The25 26 3/15/11 - RULES - BILL 100759, ETC.1 sidebar with my colleague Councilman2 Goode, we were talking about the EOP.3 Could we make that technically as an4 amendment to the bill, just add it in?5
We did it as an8 attachment previously to the bill, but if9 Council wants to make an amendment to10 include it, we have no problem with it.11 COUNCILMAN DiCICCO: We'll do12 it as an amendment.13
So there14 will ultimately be four amendments, two15 Law, one developer and one for the EOP.16
Okay. No18 other questions. We thank you very much19 for your investment and look forward to20 approving it.21
Thank you for the22 time and consideration. We appreciate23 it.24
Yes.25 27 3/15/11 - RULES - BILL 100759, ETC.1 Anyone else to testify on this2 bill?3 Please come forward.4 (Witness approached witness5 table.)6
Is there7 anyone else besides this gentleman who is8 going to testify?9 (No response.)10
Okay.11 Thank you.12 Good morning. Please identify13 yourself for the record.14
My name is15 Robin Hynicka. I'm the Pastor of the16 Arch Street United Methodist Church.17
I'm very20 pleased to be here this morning. Thank21 you for this opportunity to make a few22 remarks.23 Let me clarify and sort of24 characterize my remarks, as we are in25 28 3/15/11 - RULES - BILL 100759, ETC.1 really positive conversations with2 Mr. Maloomian and Realen Incorporated3 around this project. As you know,4 though, the construction of an 11-story5 parking garage next to an historic6 building is a tremendous impact on that7 building and on the life of the community8 around that building.9 You are aware that the Arch10 Street United Methodist Church is the11 oldest building in Center Square. We12 were privileged to see City Council built13 near us and then the Masonic Temple soon14 after it.15 In particular, our concerns16 relate to the east side of our building,17 light coming into the windows that are18 there. We are also concerned about the19 almost $2 million investment we've made20 in the building over the last four years21 to improve access and generate increased22 safety. And we are investing currently23 tens of thousands of dollars in24 developing sort of our master plan to25 29 3/15/11 - RULES - BILL 100759, ETC.1 increase our accessibility by hopefully2 constructing an elevator as well as3 removing and moving HVAC equipment so4 that we can restore the original chapel,5 add value to the community.6 Many of you know that we are7 not just a congregation that operates on8 Sunday mornings. Our doors are open to9 the community at large, and we are very10 proud of the fact that we provide11 accessible and affordable space to many12 community groups around the City to13 exercise their democratic rights and14 their voice in the life of the City, and15 so we're hoping that we can continue to16 do that.17 In particular, I do want to18 state at this point in time we do not19 have a signed agreement with the20 developer. We have done our due21 diligence as well as Mr. Maloomian and22 his organization has, but we have not --23 we do not have a signed agreement. We're24 confident that we'll get there, but we25 30 3/15/11 - RULES - BILL 100759, ETC.1 need to make that clear at this point.2 That is important to us and I think to3 the City at large and to this investment4 and to the decision that Council makes,5 that that signed agreement really needs6 to be a condition of approval for this7 legislation. We're very close to that,8 and one of the significant things that9 Mr. Maloomian has put and has made10 possible is the setting aside of a11 significant amount of space on his12 property to accomplish two things. One,13 to relocate our HVAC equipment so that we14 can reclaim a lot of historic space, as15 well as the potential of developing an16 elevator that would service our building.17 So we're confident that we're18 going to make this happen, but from a19 practical person's point of view and from20 the investment we've made particularly in21 reviewing what opportunity is before us,22 we need to at least put that word of23 caution before you.24
Councilman25 31 3/15/11 - RULES - BILL 100759, ETC.1 DiCicco.2 COUNCILMAN DiCICCO: Thank you,3 Mr. Chairman.4 So there's no -- if the bill5 comes out of this Committee with a6 favorable recommendation today and even7 with a rules suspension, we'll still have8 at least a week, possibly two weeks9 before second reading, and if there's any10 still unfinished business, we will work11 through that and make sure that's done in12 a timely fashion.13
We're14 looking -- this is a great opportunity15 for the community and for the City at16 large. It is a major impact on our17 building, but we're hoping to move this18 forward in a way in which the developer19 can meet deadlines but that we're also20 being responsible with the opportunities21 that are put before us. So I appreciate22 that.23 COUNCILMAN DiCICCO: And as you24 know, the history of this from the25 32 3/15/11 - RULES - BILL 100759, ETC.1 beginning until this current date has2 been one of cooperation on all sides.3 It's one of the probably better or4 easiest, I should say, projects that I've5 had to deal with in the almost 16 years6 I've been here.7
Right. And8 I'd like to give the church and the9 congregation a lot of credit, because six10 years ago when I came into Center City11 from Frankford and, before that, North12 Philadelphia, we began investing13 ourselves, making it very clear what we14 thought our future would be, not just15 immediate but long range, and at that16 point, we decided that if we could ever,17 ever some way, somehow develop a good18 enough relationship with our neighbor, we19 might be able to put our historic chapel20 back in service for the community at21 large, and we thought that might be a 50-22 to 100-year project. It looks now that23 it might be accelerated.24 Frankly, though, we're not made25 33 3/15/11 - RULES - BILL 100759, ETC.1 of money, and that congregation -- a $22 million investment in that building over3 the last six or seven years represents a4 tremendous sacrifice on the part of those5 members. And we're really proud of the6 fact that we're looking to develop7 something here, not stand in the way of8 where the City needs to be and serving9 all God's people.10 Thank you.11
Thank you,12 Reverend, for your testimony. From the13 tone of everyone's testimony, I think14 you'll get where you want to be, and15 Councilman DiCicco has always been adept16 at getting developers and community17 people together, and we look forward to18 passing the bill at some point.19
And I guess20 the other thing is that in my experience21 in the last six years here, the east of22 Broad on Arch Street and beyond is23 becoming increasingly more residential.24 We used to think of that as pretty much25 34 3/15/11 - RULES - BILL 100759, ETC.1 commercial or other uses, but with the2 Exchange condominium and apartments and3 other places, I now have six families4 that live within two blocks or three5 blocks of the church, which was maybe ten6 years ago wasn't even possible.7
That's the12 practical man there.13 Thank you, Reverend.14 Anyone else to testify on this15 bill?16 (No response.)17
Seeing18 none, we'll move to Bill No. 100873,19 which is to amend the Philadelphia Zoning20 Maps by changing the zoning designations21 of certain areas of land located within22 an area bounded by Second Street, Rising23 Sun Avenue, Cayuga Street, Front Street24 and Hunting Park Avenue.25 35 3/15/11 - RULES - BILL 100759, ETC.1 Mr. Kramer, please.2
Good morning,3 Councilman Kenney and members of the4 Rules Committee. I am William Kramer,5 Division Director of the Development6 Division of the Philadelphia City7 Planning Commission. I am here today to8 testify on Bill No. 100873, which was9 introduced by Councilwoman10 Quinones-Sanchez on December 16th, 2010.11 Bill No. 100873 will rezone a12 parcel in the block bounded by Second13 Street, Rising Sun Avenue, Cayuga Street,14 Front Street and Hunting Park Avenue from15 an existing zoning designation of "G-2"16 General Industrial to the proposed17 designation of "C-3" Commercial.18 Currently, there is a vacant19 warehouse on this property, and this20 rezoning would permit the redevelopment21 of the building for use as a gym and22 rehabilitation center, with an accessory23 daycare, child's gym space and parking24 for approximately 23 cars. There is no25 36 3/15/11 - RULES - BILL 100759, ETC.1 plan for any additional construction on2 the site.3 The Planning Commission staff4 originally drafted this legislation by5 request using the "C-3" Commercial zoning6 designation. Upon reviewing the7 proposal, the Planning Commission staff8 has determined that the "C-2" Commercial9 zoning designation would meet the needs10 of the developer while offering more11 protection to the surrounding properties12 in terms of potential development13 density.14 This change has been discussed15 with representatives of Councilwoman16 Quinones-Sanchez's office, and it is my17 understanding that the Councilperson is18 not opposed to the proposed amendment to19 the legislation. I respectfully20 submitted the proposed amendment for your21 consideration.22 The Philadelphia City Planning23 Commission at its meeting of February24 15th, 2011 recommended that Bill No.25 37 3/15/11 - RULES - BILL 100759, ETC.1 100873 be approved provided the bill be2 amended to reflect the change in the3 zoning designation on Map B from "C-2"4 Commercial to "C-3" Commercial.5 That concludes my testimony.6 I'd be happy to answer any questions you7 may have.8
Thank you9 very much, Mr. Kramer.10 Is there anyone else to testify11 on this bill?12 (No response.)13
Are there14 any questions for this witness?15 (No response.)16
Seeing17 none, I would like the record also to18 reflect that Councilwoman Miller and19 Councilman Clarke were in attendance and20 are ready to vote at the end of the21 hearing.22 The next bill we have for23 consideration is Bill 110005, which is24 amending Bill No. 100656, passed by25 38 3/15/11 - RULES - BILL 100759, ETC.1 Council December 16, 2010, to include the2 executed Neighborhood Development3 Agreement.4 Please identify yourself for5 the record.6
Good morning,7 Councilmember Kenney and members of the8 Rules Committee. I am William Kramer,9 Division Director of the Development10 Division of the Philadelphia City11 Planning Commission. I am here to12 testify on Bill No. 110005, which was13 introduced by Councilman Clarke on14 January 27th, 2011.15 Bill No. 110005 amends Bill No.16 100656 by including the executed17 Neighborhood Development Agreement as18 part of the previously approved19 legislation.20 The project will consist of21 approximately 209,000 square feet and22 will provide 174 residential units,23 31,000 square feet of retail, 110 parking24 spaces and 64 bicycle parking spaces.25 39 3/15/11 - RULES - BILL 100759, ETC.1 This property will take a vacant lot and2 the former Granary building and create a3 mixed-use development compatible with the4 neighborhood just north of the Benjamin5 Franklin Parkway. The developers have6 met with the neighborhood association and7 have a neighborhood development8 agreement, which is to be added to the9 previously approved zoning legislation.10 The Philadelphia City Planning11 Commission at its meeting of October12 19th, 2010 recommended that Bill No.13 100676 be approved. Accordingly, as Bill14 No. 110005 is considered consistent with15 previous policy, it is recommended that16 it also be approved.17 That is the conclusion of my18 testimony. I'd be happy to answer any19 questions you may have.20
Thank you21 very much, Mr. Kramer.22 Any questions for Mr. Kramer?23 (No response.)24
Please25 40 3/15/11 - RULES - BILL 100759, ETC.1 identify yourself, Mr. Little, for the2 record.3
My name is Sam4 Little. I'm the President of the Logan5 Square Neighborhood Association, and I6 want to testify -- I want to thank you7 for a chance to testify. I want to8 testify on behalf of this bill as being9 really something where the ordinances and10 the attention of Council has been11 remarkably positive in a difficult but12 very successful community-developer13 interface to get a great development.14 The Granary is going to be a project15 which is going to be both good for the16 neighbors, very neighbor friendly, and17 also fulfill part of our neighborhood18 plan and help with the Barnes and19 commercial business.20 So we're very pleased with it,21 and we appreciate, again, the chance to22 testify for it, and we appreciate23 Council's both patience and sensitivity24 in making this all work.25 41 3/15/11 - RULES - BILL 100759, ETC.1 Thank you.2
Patience3 and sensitivity is not how we're usually4 described, but thank you very much. I5 can see you've come a long way since the6 last hearing that we had on this project.7
I was11 just going to add -- thank you,12 Mr. Chairman -- that this was kind of a13 long process. There was a lot of14 different opinions on this. There was15 parking issues. There was a lot of16 things. And certainly Councilman Clarke17 led, like Councilman DiCicco did on the18 other bill we just discussed, to find a19 middle ground and try to get everybody20 happy on this, and the community was very21 involved in it too obviously. And I'm22 familiar with this site because it's not23 too far south from where I live, so I24 think it will be a good development for25 42 3/15/11 - RULES - BILL 100759, ETC.1 everybody.2
We have to say --3 I can just say real briefly that with all4 the rezoning that's going on and the5 comprehensive plan, in a way, for6 neighborhoods it's like the earth is7 moving, but we have had a chance -- and8 this is not the only one -- where our9 Councilman and also the process that we10 had has allowed us to have really win-win11 development, and it's important because12 we're right in the middle of a lot of13 development pressure. So thanks again.14
Thank you.15 Councilman Clarke, do you have16 anything to add?17
He's good.20 You might as well stay here21 because you have --22
You could24 stay in your seat because you have one25 43 3/15/11 - RULES - BILL 100759, ETC.1 more, I think, you're testifying for.2 Anyone else have any questions3 for either of these witnesses?4 (No response.)5
Seeing6 none, we will now move to Bill No.7 110006, which is amending Section 14-3058 of The Philadelphia Code, entitled "'C-4'9 Commercial District," specifically10 Section 14-305(16)(c) regarding parking11 for the area bounded by Hamilton Street,12 19th Street, Callowhill Street and 20th13 Street; all under certain terms and14 conditions.15 Mr. Kramer.16
Good morning,17 Councilmember Kenney and members of the18 Rules Committee. I am William Kramer,19 Division Director of the Development20 Division of the Philadelphia City21 Planning Commission. I am here to22 testify on Bill No. 110006, which was23 introduced by Councilman Clarke on24 January 27th, 2011.25 44 3/15/11 - RULES - BILL 100759, ETC.1 Bill No. 110006 amends Bill No.2 100656 by changing the provisions related3 to parking required for the development.4 The purpose of the bill is to raise the5 required parking from the proposed ratio6 to a new ratio of 0.7 parking spaces per7 each dwelling unit.8 The project will consist of9 approximately 209,000 square feet,10 provides 174 residential units, 31,00011 square feet of retail, 110 parking spaces12 and 64 bike parking spaces. It takes the13 former Granary building and will create a14 mixed-use development compatible with the15 neighborhood just north of the Benjamin16 Franklin Parkway.17 The Philadelphia City Planning18 Commission at its meeting of October19 19th, 2010 recommended that Bill No.20 100676 be approved. Accordingly, Bill21 No. 110006 is considered consistent with22 previous policy and is, therefore,23 recommended that this bill be approved.24 That is the conclusion of my25 45 3/15/11 - RULES - BILL 100759, ETC.1 testimony. If you have any questions,2 I'd be happy to answer them.3
Thank you4 very much.5 Any questions for Mr. Kramer?6 (No response.)7
Seeing8 none, Mr. Little, please identify9 yourself for the record again.10
I am Sam Little.11 I am President of the Logan Square12 Neighborhood Association, and I do want13 to say as an adjunct to the previous14 testimony that the change of the parking15 ratio is an important part of a win-win16 development solution with the developer17 and it reflects the really important need18 for parking, a sort of unusual need for19 parking for residents in the Logan Square20 area, because we both have and we're21 trying to secure more young families with22 children, and this is a case where23 automobiles being able to go to schools24 and going to the grocery store, often not25 46 3/15/11 - RULES - BILL 100759, ETC.1 on your own schedule, is something that2 is very helpful. So, again, we support3 this.4
Thank you5 very much for your testimony.6 Any questions?7 (No response.)8
Seeing9 none, that will conclude our public10 hearing on these bills. We will now11 convene a public meeting, and the Chair12 recognizes Councilmember DiCicco for a13 motion to adopt the four amendments14 described in earlier testimony, Bill No.15 100759.16 COUNCILMAN DiCICCO: Thank you,17 Mr. Chairman. I move that the four18 amendments that have been submitted and19 read into the record be reported out of20 this Committee with a favorable21 recommendation for Bill No. 100759.22 (Duly seconded.)23
It's been24 moved and seconded.25 47 3/15/11 - RULES - BILL 100759, ETC.1 All in favor?2 (Aye.)3
There are4 none opposed. The four amendments are5 adopted.6 The Chair recognizes7 Councilmember DiCicco for a motion on the8 amended bill.9 COUNCILMAN DiCICCO: Thank you,10 Mr. Chairman. I move that Bill No.11 100759, as amended, be reported out of12 this Committee with a favorable13 recommendation and a further14 recommendation that the rules of Council15 be suspended.16 (Duly seconded.)17
It's been18 moved and seconded.19 All in favor?20 (Aye.)21
There are22 none opposed. Bill No. 100759, as23 amended, reported out of this Committee24 favorably and a request made for rules25 48 3/15/11 - RULES - BILL 100759, ETC.1 suspension to allow first reading at our2 next Council session.3 The Chair recognizes4 Councilmember Blondell Reynolds Brown for5 a motion to approve the amendment to Bill6 No. 100873.7 COUNCILWOMAN BROWN:8 Mr. Chairman, I move that the9 amendment -- I make a motion that we10 approve the amendment to Bill No. 100873.11 (Duly seconded.)12
It's been13 moved and seconded.14 All in favor?15 (Aye.)16
There are17 none opposed. Bill No. 100873 will be18 amended accordingly.19 The Chair recognizes20 Councilmember Reynolds Brown for a motion21 on the amended bill.22 COUNCILWOMAN BROWN:23 Mr. Chairman, I move that Bill No.24 100873, as amended, be reported out of25 49 3/15/11 - RULES - BILL 100759, ETC.1 the Committee with a favorable2 recommendation and further move that the3 rules of Council be suspended so as to4 permit first reading.5 (Duly seconded.)6
There are11 none opposed. Bill No. 100873, as12 amended, will report out of this13 Committee favorably and a request made14 for rules suspension to allow first15 reading at our next Council session.16 The Chair recognizes17 Councilmember Greenlee for a motion to18 approve Bill No. 110005.19
Thank20 you, Mr. Chairman. I move that Bill No.21 110005 be reported out of this Committee22 with a favorable recommendation and the23 rules of Council be suspended to allow24 for first reading at our next session of25 50 3/15/11 - RULES - BILL 100759, ETC.1 Council.2 (Duly seconded.)3
There are8 none opposed. Bill No. 110005 reported9 out of this Committee favorably with a10 rules suspension to allow first reading11 at our next Council session.12 The Chair recognizes13 Councilmember Clarke for a motion on Bill14 No. 110006.15
Thank you,16 Mr. Chairman. I move that Bill No.17 110006 be reported out of the Committee18 with a favorable recommendation and a19 request for rules suspension as to allow20 reading at the next session of Council.21 (Duly seconded.)22
Moved and23 seconded.24 All in favor?25 51 3/15/11 - RULES - BILL 100759, ETC.1 (Aye.)2
There are3 none opposed. Bill No. 110006 reported4 out of this Committee favorably and a5 request made for rules suspension to6 allow first reading at our next Council7 session.8 Bill No. 110083 be will held at9 the request of the sponsor and will be10 scheduled for March 23rd, Wednesday in11 this room at 10:00 a.m.12 That concludes the business of13 the Rules Committee. Thank you very14 much.15 (Committee on Rules concluded16 at 10:50 a.m.)17 - - -18 19 20 21 22 23 24 25 52 1 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 March 15, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (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 24 25