COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania Wednesday, May 21, 2025 10:25 a.m. PRESENT: COUNCILWOMAN CINDY BASS, CHAIR COUNCILMAN MARK SQUILLA, VICE-CHAIR COUNCILWOMAN JAMIE GAUTHIER COUNCILMAN CURTIS JONES, JR. COUNCILMAN BRIAN J. O'NEILL
250041, 250175, 250371, 250372, 250378, 250436, 250438 - - -
Good morning. Good morning. This hearing is called to order. Members and guests will please take their seats. The hearing is now called to order. This is the Committee on Rules on Wednesday, May 21, 2025. And the Clerk will now call the roll.
A quorum of the Committee is present and this is the public hearing on the Committee on Rules regarding Bill Nos. 250041, 250175, 250371, 250372, 250378, 250436, 250438. Will the Clerk please read the titles of these bills.
Bill No. 19 250041, an ordinance amending Section 14-303, of The Philadelphia code, entitled "Common Procedures and Requirements" by authorizing the Zoning Board of Adjustment to condition zoning approval upon provision of affordable housing, under certain terms and conditions. Bill No. 250175, an ordinance amending Chapter 14-516 of The Philadelphia Code, entitled "/WST, West Overlay District" by providing for new digital sign controls; all under certain terms and conditions. Bill No. 250371, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Powelton Avenue, Preston Street, Filbert Street and 41st Street, and to amend Title 14 of The Philadelphia Code by adding Section 19 14-544, entitled /CSI CSI Forensic Laboratory Overlay District, and making other related changes, all under certain terms and conditions. Bill No. 250372, an ordinance amending Section 14-533 of The Philadelphia Code, entitled "/MIN, Mixed Income Neighborhoods Overlay District" to expand applicable areas of the overlay in the vicinity of 49th Street and Woodland Avenue. Bill No. 250378, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Fox Chase Road, Castor Avenue, Hoffnagle Street and Alma Street. Bill No. 250436, an ordinance amending Chapter 14-600 of The Philadelphia Code, entitled "Use Regulations" and Chapter 18 14-700, entitled "Development Standards" to establish use requirements for aboveground garages owned by a public entity, and new development standards applicable to certain areas of land located within an area bounded by 10th Street, Chestnut Street, 11th Street and Ludlow Street, all under certain terms and conditions. Bill No. 250438, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Emily Street, 4th Street, Mercy Street and 5th Street. There are no other bills under consideration today.
Thank you, Madam Clerk. And will we have the Clerk please call the first panel of witnesses to testify on Bill No. 250041.
Will Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission, and Ian Hegarty, Executive Director for the Philadelphia Zoning Board of Adjustment, please come to the witness table. (Witnesses approached Witness table.)
And while we're waiting for them to begin, I want to acknowledge the presence of the Committee's Vice- Chair Councilmember Mark Squilla. And to the witnesses, you can please state your name for the record and proceed.
Hi. Good morning, Chairperson Bass and members of the Rules Committee. I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250041. Introduced into City Council on January 30, 2025 by Councilmember Gauthier. Bill No. 250041, amends the Philadelphia Zoning Code by amending Section 14-303 of The Philadelphia Code, "Common Procedures and Requirements" by authorizing the Zoning Board of Adjustment to condition zoning approval upon provision of affordable housing. This bill would allow for the Zoning Board to issue provisos based on residential applications providing at least 10% of dwelling units priced, at a minimum, in accordance with the Area Median Income, AMI, thresholds for either moderate income or low income rental units for a term of not less than 50 years. Although the Commission supports encouraging housing affordability unit type based on ownership versus rental and the level of rent may not be able to be imposed as a condition of approval for a zoning variance, as it's not required as part of the Code. The Philadelphia City Planning Commission considered Bill 3 No. 250041 at its public meeting on February 21, 2025 and held the case in order to continue working with the Council office. And we have not taken this back to our Commission for an action as the amendments were still being discussed. I'll be happy to answer any questions at this time.
Thank you very much for your testimony. Before we proceed to the next witness, the Councilwoman, the sponsor of the bill, would like to say a few words. So, Councilwoman Gauthier.
Thank you so much, Madam Chair. Good morning, everyone. I appreciate the opportunity to speak about Bill No. 250041. This bill concerns affordable housing, which is a topic that we've been talking a lot about in these chambers recently. So I want to jump right into how this bill can help us to get more affordable units after completing Phase 1 of my Defying Displacement Campaign, which culminated in voters approving my ballot measure by almost 75% yesterday. In Phase 2, I wanted to beef up the mechanisms we already have to guarantee affordable housing and new private development. The Zoning Board of Adjustment is one such opportunity. My District colleagues especially know that we are always told that in order to keep unit costs low, developers need extra density. Bigger buildings typically mean going to the Zoning Board for a variance and telling the community that they need this extra density in the name of keeping housing costs affordable. I know that critics or some critics bash RCOs by claiming they're anti-development, but I don't find that to be true in most cases. What neighbors really want is to have comfort and assurance that the good things the developer is telling them they will do at the community meeting that will minimize the adverse impacts of their project are actually going to be followed through on. As we all know, unless it's written down somewhere many of these commitments don't actually pan out. And this leads to mistrust in the zoning process and RCOs being understandably suspicious of large developments because they've been burned too many times. My bill closes this loophole so that promises made by developers are promises kept. I wanted to just give an example that I know I've been in many times as a Councilmember. I'm sure that many of my colleagues can relate. On the one side, you have a community that wants to see new housing better match what is actually affordable to residents. On the other hand, you have a developer who says the right things and makes that commitment verbally at the RCO meeting. But what happens after that verbal commitment? Unless the RCO has their own legal counsel, which most don't because they tend to be volunteers, there's no way to make the commitment real. And while I've heard some people say that affordable housing isn't a zoning issue in Philadelphia, it very much is. My bill provides a solution to this problem. It offers a bridge in these scenarios by giving ZBA the authority to authorize an affordable housing requirement through what are called provisos, which are conditions that the ZBA can put on their approvals that are meant to minimize anticipated adverse impacts of the proposal. So instead of a developer just saying take my word for it, the ZBA can vote to approve a variance that authorizes more density with the proviso that there be a minimum 10% affordable housing requirement onsite when the building is built. This requirement would be included in the final paperwork the developer receives from the Zoning Board and would be a part of their zoning permit requirements. That way everyone has protection and written confirmation about this agreement instead of just relying on a handshake agreement. We also have amendments introduced today related to enforcement and clarifying that ZBA cannot just add affordable housing requirements arbitrarily or at will. So I just wanted to take a few minutes to explain that. And thank you for the opportunity, Madam Chair.
Well, we thank you for the explanation and for the detailed information. And can we have our witness please state his name for the record and proceed with his testimony.
Thank you. Good morning, Chairperson Bass and members of the Committee on Rules. I'm Ian Hegarty, Executive Director for the Zoning Board of Adjustment. Thank you for the opportunity to testify on Bill No. 250041, which was introduced by Councilmember Gauthier on January 30th. This bill amends Section 7 14-303 of the zoning code, which authorizes the Zoning Board to place conditions, commonly called provisos, on the approval of variances and special exceptions. This bill specifically authorizes provisos related to deed-restricted affordable housing. The Board understands the intent and the spirit of the legislation to increase the availability of deed-restricted affordable housing, and we also appreciate the opportunity to work with the staff of Councilmember Gauthier's office and for their staff responding to our concerns with this bill earlier this year. As those of you who regularly attend our hearings of the Zoning Board know, zoning appellants occasionally offer a measure of affordability in proposed residential projects in exchange for support from neighbors or other stakeholders. The zoning code already contains a legal mechanism for ensuring long-term affordability, which is an enforceable restrictive covenant on the property. However, this mechanism is not available in every zoning district in the zoning permit process. This bill aims to bridge that gap by allowing the Board to include deed restrictions as provisos on its approval. And so, we applaud the intent here. However, the bill does present some operational challenges that I want to highlight for the Committee. The Zoning Board has several concerns with compelling the City and the appellant to join in their restrictive covenant. The Board regularly adds provisos such as reducing the proposed height or number of dwelling units that limit the scope of the variance or the original proposal. Such provisos are justified in that they limit the impact of the variance. However, the Board generally avoids incorporated agreements between parties as part of the provisos for a couple reasons: First, the Board is not empowered to mandate that parties enter into those agreements are deed restrictions. The Zoning Board doesn't have staff to track and enforce deed restrictions. We would be depending on Department of Planning and Development and potentially Licenses and Inspections to handle the administrative burden of obtaining the deed interest in the property and enforcing this interest over the lifespan of the restriction. And second, the deed restrictions contemplated in this bill are not necessarily related to the zoning issues that the Board is considering at the time. Where affordable housing should be allowed, maximum rents, the proportion of rent-capped units in mixed-income development, these are policy decisions that are not within the purview of the Zoning Board. The Board is a quasi judicial body that decides whether exceptions should be made to zoning code requirements based on specific legal criteria. And so, the Board would prefer a legal approach that addresses these important policy decisions through the zoning code and maps, rather than on an ad hoc basis through provisos. With that said, my colleagues and I at the Department of Planning and Development remain open to coordinating on efforts to increase the supply of affordable housing. Thank you again for the opportunity to testify and I'd be happy to answer any questions.
Thank you very much for your testimony. Any questions? Councilwoman Gauthier.
I would just say that and maybe -- I think this has changed since you first saw the bill. We're not specifically saying it has to be a deed restriction. We've left that open. And we are leaning on Planning and Development to enforce, not ZBA, nor are we expecting ZBA to be the party that negotiates these provisos. That would happen among the developer and the coordinating RCO.
Okay. Seeing none, thank you so much for your testimony. Madam Clerk, please call forward the next panel of witnesses.
Will Garrett O'Dwyer of Philadelphia Association of CDCs and Pastor Jay Broadnax of West Powelton Saunders Park RCO please step to the table please. (Witnesses approached Witness table.)
Good morning, Chairperson Bass, Vice- Chair Squilla and members of City Council's Committee on Rules. My name is Garrett O'Dwyer and I'm the Policy Director for the Philadelphia Association of Community Development Corporations or PACDC. Thank you for the opportunity to offer testimony on Bill No. 250041 that would allow the Zoning Board of Adjustment to impose affordability restrictions on developments with a residential component as a condition for granting of variances. We support the aims of the bill's sponsor Councilmember Gauthier to hold developers accountable for promises they make to provide affordable housing when seeking a zoning variance. PACDC is the leading voice of nonprofit community development organizations in Philadelphia. Our 60 CDC members and over 100 additional associate members are responsible for addressing key affordable housing, social service and economic development needs across the city. They've seen firsthand the double-edged sword that substantial new development can have for neighborhoods, improved building conditions and amenities alongside increased property values and rents that can be unaffordable to existing residents. Increases in housing costs have been outpacing wages in Philadelphia. And according to the most recent Out of Reach Report by the National Low Income Housing Coalition, the average fair market rent for a two-bedroom apartment in Philadelphia is now $1,737 per month. This is simply unaffordable for too many Philadelphia households. One tool that communities have is to negotiate with developers to include affordable units in return for seeking a variance to allow them to build outside of what the underlying zoning code would normally allow. However, some developers have operated in bad faith and made commitments to affordability that they have failed to honor. Bill No. 250041 would put a check on this practice by allowing the ZBA to explicitly impose agreed-upon affordability requirements as a condition for granting a zoning variance. This will provide teeth to affordability agreements and ensure that developers can be held accountable if they don't follow through on their commitments. We did initially raise some concerns about how such variance conditions could impact federal, state and locally subsidized housing units, which have separate affordability covenants, and we applaud the Councilmember for developing an amendment to address these concerns. Affordable housing developments like those created through the Low Income Housing Tax Credit Program have complex financing requirements and we want to ensure they're not unintentionally impacted when their affordability is already guaranteed. An equitable Philadelphia with safe housing options, affordable to all levels of the income spectrum is what makes welcoming vibrant communities possible when developers take advantage of the system to break affordability promises made to community. That goal becomes more out of reach for all of us. This legislation will help level the playing field. Thank you again for the opportunity to testify this morning in support of Bill No. 250041 with amendments.
And we thank you for your testimony. Please state your name for the record and proceed.
Thank you. My name is Reverend Jay Broadnax and I'm the pastor of Mt. Pisgah A.M.E. Church in West Philadelphia. And I'm here representing the West Powelton Saunders Park, our CEO, as a Board member testifying in support of Bill No. 250041. I'm here because we in the community care about lending more than lip service to actually doing something about gentrification in our communities, and we need to ensure that developers understand that affordable housing requirements are more than just checking a box in getting a building project done, but they're a positive and proactive step in ensuring quality of life in communities and protecting accessibility for those who are sometimes systematically excluded. Time after time the box is checked, but the community is left to enforce the requirement without any real enforcement power. We ask that this Committee take the burden of enforcement off of the shoulders of the community organizations and place it where it belongs. We as a community are not anti-development, but we insist on promises being kept. It's one thing to create a requirement, but in order for the spirit of that requirement to be honored, it must be given teeth enough to ensure compliance. And a proviso from the Zoning Board would help to accomplish that. So let's work together to ensure that all parties' interests are safeguarded. Thank you very much for the opportunity to testify.
And we thank you for your testimony. Any questions, Council Lady.
Just want to thank both of you for being here today, for your testimony, but also more importantly for your work in our communities.
Okay. Great. All right. And, Madam Clerk, is there anyone else to testify on Bill No. 250041.
Is there anyone else here who would like to testify on Bill No. 250041? (No response.)
And seeing none, Madam Clerk, would you please call the witnesses for the next bill.
For Bill No. 18 250175, will Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission please come to the witness table. (Witness approached Witness table.)
Thank you. I would hate to start reading the wrong item.
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250175, introduced into City Council on March 6, 2025, by Councilmember Gauthier. Bill No. 250175 amends the Philadelphia Zoning Code by changing the zoning Section 14-516, entitled, "/WST, West Overlay District" by providing for a new digital sign controls in the University City neighborhood of the University/Southwest Planning District. This bill will allow a digital illuminated "news ticker" style sign on buildings within a certain subarea of the WST, West Overlay District in the vicinity of 31st and Market Streets. The legislation is specific about the size and hours of operation of the illuminated signage. The City Planning Commission at its meeting of April 17, 2025 voted to approve Bill No. 16 250175 with the following amendments: We need to change amended section of code from 14-516(d) to 14-516(3)(d) to ensure the bill addressed the appropriate section of the code. And we changed the boundaries of the bill 23 to the east side of John F. Kennedy Boulevard, area bounded by John F. Kennedy Boulevard the railway right-of-way above 31st Street and Market Street to improve clarity of location. This amendment would expand the area from the lot line further east to meet the railway. The Philadelphia City Planning Commission considered Bill 9 No. 250175 at its public meeting on April 17, 2025 and recommended the bill for approval with these amendments. I'll be happy to answer any questions at this time.
Thank you. And would there be any of the members with a question for this witness? (No response.)
Seeing none, thank you so much for your testimony. Is there anyone -- or actually, Madam Clerk, please call any additional witnesses to testify.
Is there anyone here to testify on Bill No. 250175? (No response.)
And seeing none, thank you very much for your testimony. Madam Clerk, please call up the next bill.
For Bill No. 15 250371, Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission.
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I'm here to testify on Bill No. 250371, introduced into City Council on April 24, 2025 by Councilmember Gauthier. Bill No. 250371 amends the Philadelphia zoning codes and map by changing the zoning designations of certain areas of land located within an area bounded by Powelton Avenue, Preston Street, Filbert Street and 41st Street, and to amend Title of The 14 Philadelphia Code by adding Section 15 14-544, entitled /CSI, CSI Forensic Laboratory Overlay District in the West Powelton Saunders Park Neighborhood of the University Southwest Planning District. This legislation was crafted and introduced in support of the construction of a garage that will service the Philadelphia Police Department's new Philadelphia Forensic Science Center, which was completed in 2023 and is located nearby at 41st and Market Streets. The existing zoning is proposed to be changed from the existing CMX-2, Commercial Mixed- Use base zoning to CMX-3, Commercial Mixed-Use. Also, a new zoning overlay is proposed to accommodate specific building requirements for the chain of custody of crime evidence. This overlay, entitled /CSI, Forensic Laboratory Overlay District, provides supplemental use and design regulations for all CMX-3 zoned properties within the single- block overlay. The Philadelphia City Planning Commission considered Bill 22 No. 250371 at its public meeting on May 15, 2025 and recommended the bill for approval. I'll be happy to answer any questions at this time.
Thank you. Any questions from the panel? (No response.)
And seeing none, thank you very much for your testimony. Madam Clerk, please call forward any additional witnesses to testify on this bill.
Thank you. Is there anyone else here to testify on Bill No. 250175 whose name has not been called? (No response.)
And seeing none, Madam Clerk, please call for the next witness to testify for Bill No. 250372.
For Bill No. 3 250372, Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission.
Yes, we are. We'll go back. We'll go back to '371. My apologies. So please state your name for the record and begin your testimony on 250372.
Thank you. Paula Brumbelow Burns -- oh, I had just read that. Do you want me to reread '371?
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I'm here to testify on Bill No. 250372, introduced into City Council on April 24, 2025 by Councilmember Gauthier. Bill No. 250372 amends the Philadelphia Zoning Code by amending Section 14-533 of The Philadelphia Code, entitled "/MIN, Mixed Income Neighborhood Overlay District" in the vicinity of 49th Street, Woodland -- in the vicinity of 49th Street and Woodland area in the Kingsessing neighborhood of the University Southwest Planning District. This bill will expand the existing Mixed Income Neighborhood Overlay to include the area bounded by Woodland Avenue, 49th Street, Kingsessing Avenue, 49th Street, Warrington Avenue and 48th Street. This will ensure that any qualifying residential developments in the area will preserve or create affordable units in the proposed area. The Philadelphia City Planning Commission considered Bill 24 No. 250372 at its public meeting on May 15, 2025 and recommended the bill for approval. I'll be happy to answer any questions at this time.
And seeing none, thank you very much for your testimony. Madam Clerk, is there anyone else here to testify on Bill 14 No. 250372?
Okay. Is there anyone else here whose name has not been called to testify on 250372? (No response.)
And seeing none, thank you very much. Madam Clerk, please read the title for Bill No. 250378 -- oh, no. I'm sorry. Please call the witness Paula.
Will Paula Brumbelow Burns, Director of Legislation of Philadelphia City Planning Commission, please proceed on Bill No. 250378.
I'm Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I'm here to testify on Bill No. 250378, introduced into City Council on April 24, 2025 by Councilmember O'Neill. Bill No. 250378 amends the Philadelphia Zoning Maps by changing the zoning designations in an area bounded by Fox Chase Road, Castor Avenue, Hoffnagel Street and Alma Street in the Rhawnhurst neighborhood of the Far Northeast Planning District. This bill will allow the change of the zoning designations at Farrell Elementary School at 8300 Castor Avenue. The Planning Commission worked with the Philadelphia School District to propose a change from the zoning designation of CMX-4, Commercial Mixed Use, to SP-CIV, Civic, Educational and Medical. This will give the Philadelphia School District continuity of zoning district designation reflecting the longstanding school use. The Philadelphia City Planning Commission considered Bill 18 No. 250378 at its public meeting on May 15, 2025 and recommended the bill for approval. I'll be happy to answer any questions at this time.
Thank you very much for your testimony. Any questions from the -- Councilman O'Neill.
Just a comment. I want to thank the Planning Commission. You did all the work on this one. I just introduced it, but it's good for the community and I'll make sure they know about it. Thank you.
Thank you, Councilman. Okay. Madam Clerk, please call any other witnesses who have signed up to testify on Bill 18 No. 250378.
There are no 20 additional witnesses. Is there anyone else here who wanted to testify whose name has not been called? (No response.)
And seeing none, thank you very much. Madam Clerk, please call the witness for 250436.
Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission.
I am Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I'm here to testify on Bill No. 250436, introduced into City Council on May 15, 2025 by Councilmember Squilla. Bill No. 250436 amends the Philadelphia Zoning Code by revising Chapter 14-600, "Use Regulations," and Chapter 14-700, "Development Standards," for the area bounded by Ludlow Street, 10th, Chestnut and 11th Streets in the Washington Square West neighborhood of the Central Planning District. This bill, as drafted, creates specific standards for the property located at 1025-29 Chestnut to facilitate the demolition and replacement of the auto park at Jefferson Parking Garage. The code revision revises three sections of 14-600 "Use Regulations" and 14-700 "Development Standards." The first will exempt the above-grade replacement -- the first will exempt the above-grade replacement garage to not need a special exception. Next, the bill 20 will modify the Center City University City, Floor Area Ratio Map that will now include this property and permit a base FAR of 1600%. Lastly, it will create a new public enhancement density bonus within Chapter 14-700 to apply to this project. The Philadelphia City Planning Commission considered Bill 6 No. 250436 at its public meeting on May 15, 2025 and recommended that the bill be approved with amendments that were made by the Law Department. I'll be happy to answer any questions at this time.
And thank you for your testimony. Any questions from the panel? (No response.)
Seeing none, thank you very much for your testimony. Madam Clerk, please call forward any additional witnesses.
Will Louise Giordano please step up to the witness table. (Witness approached Witness table.)
Louise Giordano. Madam Chair and members of the Committee, my name is Louise Giordano. I'm a Senior Vice- President of PMC Property Group. PMC Entities own the properties adjacent to the subject development, 1015-19 Chestnut Street, 1001-13 Chestnut Street. As the most immediately impacted stakeholders, we only learned of this bill earlier this morning and have significant concerns regarding this proposal. We respectfully asked that Bill 250436 be held and relisted to June 4th to allow for reasonable dialogue between the most vested parties. Thank you very much.
And 6 we thank you for your -- and we 7 thank you for your testimony. 8 Chair recognizes 9 Councilman Squilla. 10
11 Thank you and thank you for your 12 testimony. Not sure if you're 13 aware, we had public meetings 14 discussing this. There have been 15 individuals, including myself, that 16 spoke to the owner of PMC about 17 this project, discussing what 18 possible challenges he had with 19 this project. 20 We met with the 21 community to go over the ability 22 whether to have this project move 23 forward as a variance or as an 24 ordinance. The community supported the ordinance process to do this, to codify some of the things that they wanted within the bill. We're happy to continue to talk with Mr. Kaplan moving forward. But I do believe there was plenty conversations about the project before this point. He might not have been aware of the ordinance process of it, but he definitely was aware of the project.
Madam Clerk, please call forward the next witness to testify.
You didn't see -- okay. Is there anyone else who is here whose name has not been called? Darwin Beauvais and Richie Lazer. Please state your names for the record and proceed.
Thank you, Madam Chair, members of the Committee. My name is Darwin Beauvais. I'm with the law firm of Obermayer. I have with me here Mr. Richard Lazer, the Executive Director of the Parking Authority. If we may, I would like for him to go over his testimony and then we can address the prior testimony comments.
Good morning, Chairperson and members of the Committee. My name is Rich Lazer, Executive Director of the Philadelphia Parking Authority, and I appreciate the opportunity to appear before you today to testify to testify in support of Bill No. 250436. The Philadelphia Parking Authority is a public agency established to meet the City's evolving needs around transportation, parking and infrastructure. We are not a private developer. This proposed project and the ordinance that supports it reflects our mission to serve the public interest and are the public and the product of ongoing dialogue between the Authority, Councilman Squilla and community stakeholders. This particular initiative stands out because it integrates critical infrastructure improvements with thoughtful public realm enhancements in a reflection of what we believe is a balanced and collaborative approach to meet both operational and community needs. The proposed ordinance 2 will support much-needed investment along East Market Street, a corridor that plays a vital role in the daily lives of residents, workers and visitors. The plan modernization of the parking facility would direct benefit Jefferson Hospital and its community by providing improved access for patients, visitors and staff. The ordinance also allows for future flexibility. It enables a potential overbuild above the garage, creating opportunities for new housing and mixed-use development. This provision is consistent with the City's broader housing goals, including the Mayor's target of creating 30,000 new affordable housing units. In addition to its economic and planning benefits, the project includes a number of direct community improvements. The Parking Authority has committed to installing a shared commercial trash compactor to assist neighboring retailers in managing waste and improving cleanliness and also removing the dumpsters from Ludlow, enhancing the pedestrian experience along Ludlow Street with streetscape improvements subject to review and approval by the Streets Department and the community. Notably, Section 2 of the ordinance requires that these improvements receive approval before any zoning permits can be issued, ensuring that community benefits are delivered early and are not contingent on future phases of this project. We also understand the value and importance of community voice in this process. A local community group has supported this project, and we believe that it reflects a great collaboration amongst ourselves, the Councilperson and the community group as a whole. I'll take any questions at this time. Thank you.
And thank you so much for your testimony. Any questions? Chair recognizes Councilmember Squilla.
Thank you, Mr. Lazer, for that. Can you also speak to I guess the condition of the existing condition of the parking lot and why it's important to have this project?
Thank you. Yeah, it's a very old -- it's one of our oldest garages. It's in very bad condition. I mean, physically it's in bad condition, but optically it's not a nice- looking garage. So the goal for us is to demo that whole garage and build a state-of-the-art garage that also can support the needs of that neighborhood as well. There's no longer -- its shelf life is over at this point.
Darwin Beauvais again. So the ordinance 13 does basically three things, right. Aboveground garages need to go to the Zoning Board for a special exception, we removed that. We also created a bonus where street enhancements along Ludlow Street has to be complied with. The third thing we do, we created that the ordinance gives the garage what is affectionately known as Super CMX. So CMX-5 typically gets FAR of 1200%. We now will have 1600%. Now, the purpose of those three things is to create the opportunity for us to do an over bill. We're looking to sell our air rights where we can -- and we would like to dedicate it to additional housing to be along the lines of the Mayor's initiative. And we are also looking to frontload our community benefits. Again, as Rich Lazer said we are not a private developer. We are a public entity. So signing a community benefit is very difficult for a public entity to do. So we said through negotiations with the Council office as well as the community, we will frontload our community benefits and we will put it in the ordinance. We are requiring that we are being required to put a trash compactor in our garage. That trash compactor has to be available for everyone within the bounded area. We then also have to improve Ludlow Street. Who improves a public right-of-way? We do as a result of this. And in exchange, we will build no more than a 1900 FAR where we will have eight floors of a garage and 9 floors of potentially mixed-use or 10 housing. That's what it does. 11 The community sat down with us. They vetted it. I know you, Councilman, is very familiar with Wash West. But for everyone listening, Wash West has a ton of high-rises and they're always, always worried about nefarious developers. I would have to say that with the letters of support that we received, we are probably the first developer in Wash West's recent history that has support for a high Rise without any issues whatsoever. Why? Because we frontloaded our community benefits.
Well, thank you. Thank you for that. And it sort of goes to Councilmember Gauthier's legislation and the challenges we have when you go through the variance process where they provide those type of things where developers say they are going to do things, the reason why the community chose the ordinance path was that it could be codified within the ordinance, therefore, it could be enforced by the City. And the reason why this bill is up here today is because it gives you other options to have it codified through the CBA, if that were to pass. But the community felt more comfortable at this point supporting an ordinance process so that we would make sure that the agreements between the developer, the PPA and the community would be codified within the city. Then the city could enforce it. So thank you for that and I appreciate the continued work. I will continue to work with PMC and Mr. Kaplan on their concerns of how we could work with them. And hopefully, we could all work together. And then, Mr. Lazer, I know you have also met with Mr. Kaplan. And hopefully, we can continue to do that to discuss any concerns they may have.
I'd just like to comment that today we've seen two of our District Councilmembers for having legislation passed that took a lot of work, a lot of thought but mainly protecting the community, using the government body to help with that protection. And this particular bill -- so I don't think people appreciate how much work's involved before we get here, to not have a room full that's here against or for something else -- it isn't easy. But I'd really like to highlight, it's an opportunity to highlight something that I've only seen in the last couple of years since Mr. Lazer took over at the Parking Authority. And I'm not knocking any other previous Executive Director going all the way back to the early '80s I guess when it was formed, starting with I think Paul Levy, I think he was the first. But the Parking Authority in a very short period of time during Mr. Lazer's tenure has gone from being something that we kind of had to put up with and would never have been considered a friend of the community in any way, shape or form, they were the bad guys. They now are the good guys. They're helping with things. Mark, I know different Districts have more abandoned cars that the police can't handle anymore because of numbers of officers are short, towing tractor trailers that just run roughshod over a neighborhood, they park in front of homes and across, you know. They're a friend of the community now. When we say Parking Authority, we're talking about how the Parking Authority is going to help us with this, not making an excuse for, well, they're just doing their job, you know, because we were always getting complaints about them. Now, you're getting compliments. And if you had told me through the first 40 years or so that that was ever going to happen, I would have looked at you like you're crazy. But it's happened. I want to thank Mr. Lazer publicly and I know he has a whole team working in unison with his vision. So this is a very complicated but commonsense bill 14 that's in front of us, but it never happens. It's happening now. It didn't come easily. And your civic association, RCO, being an outlier in this case is understandable. Just like the gentleman coming in in Councilmember Gauthier's District earlier, the zoning chair, it's hard work. It's brutal actually. But when you get here, it really should be recognized. And thank you all.
And what was that, his counsel was good too? Oh, thank you. Thank you. (Laughter.)
We love you too, Darwin. Okay. All right. Is there anyone else here to testify on Bill No. 250436? (No response.)
And seeing none, Madam Clerk, please call the witnesses to testify on Bill No. 250438.
For Bill No. 23 250438, Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. (Witness approached Witness table.)
Thank you. Please state your name for the record and proceed.
All right. I'm Paula Brumbelow Burns, Director of Legislation for the Philadelphia City Planning Commission. I am here to testify on Bill No. 250438, introduced into City Council on May 1, 2025 by Councilmember Squilla. Bill No. 250438 amends the Philadelphia Zoning Maps by changing zoning designations in the area of Emily, 4th, Mercy and 5th Streets in the Dickinson Square West neighborhood in the South Planning District. This bill changes the zoning designation for the property at 2014 South 4th Street from RSA-5, Residential Single Family Attached to CMX-2, Commercial Mixed Use. This zoning change will reflect how the property was built as of right, prior to a previous zoning change that occurred in 2019. The Philadelphia City Planning Commission considered Bill 11 No. 250438 at its public meeting on May 15, 2025 and recommended the bill for approval. I'll be happy to answer any questions at this time.
Okay. Are there any questions from members of the Committee? (No response.)
I see none. Thank you very much for your testimony. Madam Clerk, please call any other witnesses to testify this morning.
Is there anyone else here to testify on Bill No. 250438 that your name has not been called? (No response.)
Okay. Seeing none, thank you so much for your testimony. And before we go into our public meeting, are there any comments or questions by members of the Committee? (No response.)
Okay. Thank you. We'll now go into the public meeting to consider the action to be taken on the bills before the Committee today. Madam Clerk, please call the roll to check for a quorum.
Councilmember Jones and Councilmember Gilmore Richardson. (No response.)
Okay. We have a quorum. Thank you for your patience. I now note for the record that a quorum is present of this Committee. Chair now recognizes Councilmember Gauthier for a motion on the amendment to Bill No. 9 250041.
I offer an amendment to Bill No. 12 250041. A copy of the amendment has been circulated to all members of the Committee. I move that the amendment to Bill No. 250041 be adopted. (Duly seconded.)
It's been moved and properly seconded that the amendment to Bill No. 21 250041 be adopted. All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it and the motion carries. And the amendment to Bill 8 No. 250041 has been adopted. The Chair now recognizes Councilmember Gauthier for a motion on the amendment to Bill No. 12 250041.
I offer an amendment to Bill No. 17 250175 -- do you want to start again? Sorry.
Yeah. Chair recognizes Councilmember Gauthier for a motion on the amendment to '175 -- to Bill 23 No. 250175.
I offer an amendment to Bill No. 2 250175. A copy of the amendment has been circulated to all members of the Committee. I move that the amendment to Bill No. 250175 be adopted. (Duly seconded.)
Thank you. It's been moved and properly seconded that the amendment to Bill No. 250175 be adopted. All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it and the motion carries. And the amendment to Bill 24 No. 250175 has been adopted. The Chair now recognizes Councilmember Squilla for a motion on Bill Nos. 250041, as amended, 250175 as amended, 250371, 250372, 250378, 250436 and 250438.
Thank you, Madam Chair. I move that Bill Nos. 250041 as amended, 250175 as amended, 250371, 250372, 250378, 250436 and 250438 be reported from this Committee with a favorable recommendation and further move that the rules of Council be suspended to submit the first reading of this bill at the next session. (Duly seconded.)
It's been moved and properly seconded the Bill Nos. 250041 as amended, 250175 as amended, 250371, 250372, 250378, 250436 and 250438 be reported from this Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of these bills at the next session of Council. All those in favor of the motion signify by saying aye. (Aye.)
Okay. The ayes have it and the motion carries. And if there are no 16 additional remarks from the Committee or our guests, this concludes the business of the Committee on Rules for today. Thank you very much for your attendance. (Committee on Streets and Services concluded at 11:20 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