Committee Hearing, June 10, 2009

COUNCIL OF THE CITY OF PHILADELPHIA2 RULES COMMITTEE - - - Room 400, City Hall4 Philadelphia, Pennsylvania Wednesday, June 10, 2009, time5 - - - Bill 090072 - City Ave. Regional Center, City Ave. Village Center Special District Controls.7 Bill 090071 - Held.8 Bill 090191 - Prohibit transfer of special9 approvals provided by ZBA. 10 Bill 090412 - Parking in Residential Districts 11 Bill 090413 - North Central Front Street Special District Controls12 13 COMMITTEE MEMBERS PRESENT: 14 Anna C. Verna, Chair Blondell Reynolds-Brown15 Darrell L. Clarke Frank DiCicco16 Wilson W. Goode, Jr. Bill Green17 William K. Greenlee James F. Kenney18 Donna Reed Miller 19 Also Present: Marian B. Tasco 20 21 - - -22 V A R A L L O Incorporated23 Litigation Support Specialists 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

Good2 afternoon. This is a public hearing of3 the Rules Committee I would ask4 Mr. Erekson to please read the title of5 Bill No. 090071.6

Bill 090071, an7 ordinance amending Title 14 of the8 Philadelphia Code, entitled "Zoning and9 Planning," by amending Chapter 14-1600,10 entitled "Miscellaneous," by adopting a11 new Section, entitled, "Overbrook Farms12 Transit-Oriented Central Special District13 Controls," under certain terms and14 conditions.15 (Witness comes forward.)16

Good17 afternoon. Kindly identify yourself for18 the record.19

Good afternoon,20 Council President Verna and members of21 the Rules Committee. I am William22 Kramer, Division Director of Development23 of the Planning Division of the24 Philadelphia City Planning Commission.25 3 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 I am here today to testify on2 Bill No. 090071, which was introduced by3 Councilmember Jones on February 5, 2009.4 This bill amends Section 14-1600 of the5 Philadelphia Zoning Code by creating a6 new special control district for an area7 fronting on 63rd Street between City8 Avenue and Woodbine Avenue.9 The bill would prohibit certain10 uses in the district, most of which are11 auto-related, such as auto sales, service12 stations, and repair shops, as well as13 restaurants with drive-through service14 and dispensing windows on the sidewalk.15 It also allows for office16 commercial use to be allowed in17 properties whose base zoning is18 residential.19 The bill also establishes20 building standards for the district and21 signing regulations to be applied in the22 district.23 The Philadelphia City Planning24 Commission, at its meeting of March 17,25 4 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 2009, considered Bill No. 090071 and2 recommended that the bill be approved,3 with two amendments.4 The first amendment would be5 that Section 5-B.3 be removed from the6 ordinance because it would require staff7 of the Planning Commission to perform a8 historic review for these properties,9 which would encroach on the10 responsibilities of the Historic11 Commission. Additionally, it is expected12 that such review would require the13 expertise available only at the Historic14 Commission.15 Secondly, the Planning16 Commission is recommending that the17 portion of Section 5-A requiring the18 Planning Commission to coordinate Art19 Commission reviews in this area be20 removed. It is believed that such21 provision would complicate and likely22 delay the process of the Art Commission23 review.24 The City's Law Department has25 5 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 reviewed this bill and has requested2 certain technical language amendments be3 made in addition to the recommendations4 of the Philadelphia City Planning5 Commission.6 Normally, I would have those7 amendments here. And this morning, at8 10:30, I received an e-mail from the Law9 Department that those amendments are not10 ready at this time.11 I'm not certain what else to12 say. I did contact Councilman Jones's13 office and made them aware of, and I have14 heard no further comments from Councilman15 Jones's office.16

So17 I'm assuming that we will hold the bills18 until further notice -- that bill until19 further notice?20 Councilman Jones?21

Yes, Madam22 President. Thank you, Madam President.23 We are prepared to hold the24 bill, we would like you to hold the bill,25 6 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 in order for us to work out whatever2 problems they have by way of logistics3 for the legislation.4

And I5 think there may have been a few problems6 with the following bill, too?7

We do have those8 amendments from the Law Department. I9 was under the understanding that10 Mr. Cohen was going to be bringing copies11 of those. I have only the one, but I12 assumed you have them as well.13

Sharon has14 those.15

Okay.16

Yeah, we17 worked that through yesterday --18 yesterday, was it?19

Yes, sir, correct.20

Very21 well. Thank you very much.22 I would ask Mr. Erekson to23 then, please read the title of Bill No.24 090072.25 7 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

Bill No. 090072,2 an ordinance amending Title 14 of the3 Philadelphia Code, entitled "Zoning and4 Planning," by amending Chapter 14-1600,5 entitled "Miscellaneous," by adopting a6 new Section, entitled "City Avenue7 Regional Center and City Avenue Village8 Center Special District Controls," under9 certain terms and conditions.10 COUNCIL PRESIDENT VERNA:11 Mr. Kramer?12

Good afternoon,13 council President Verna and members of14 the Rules Committee.15 I am William Kramer, Division16 Director of the Development Planning17 Division of the Philadelphia City18 Planning Commission. I am here today to19 testify on Bill No. 090072, which was20 introduced by Councilmember Jones on21 February 5th of 2009.22 This bill amends Section23 14-1600 of the Philadelphia Zoning Code24 by creating a new special control25 8 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 district, entitled "City Avenue Regional2 Center and City Avenue Village Center3 Special District Controls." These4 controls would apply to properties along5 City Avenue from the Schuylkill6 Expressway to 53rd Street.7 The bill would prohibit certain8 uses in the district, most of which are9 auto-related uses, such as auto sales,10 service stations, and repair shops, as11 well as restaurants with a drive-through12 service.13 It also establishes a list of14 commercial uses to be allowed in the15 district, notwithstanding the provisions16 of the existing zoning designation.17 These would include bakery, bank, grocery18 store, laundry or dry-cleaning operation,19 professional office medical building, and20 radio or television broadcasting station.21 The bill also establishes a22 variety of setback provisions for front,23 side, and rear yards, as well as24 establishing impervious (indiscernible)25 9 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 signage for all sites in the district.2 The district will establish3 both minimum and maximum height standards4 as well as bulk and spacing requirements.5 It establishes both minimum and maximum6 parking requirements.7 Bill No. 090072 also8 establishes design standards for sites,9 parking lots, and building designs.10 These would include provisions for11 minimum public walkways in order to allow12 for better pedestrian access to the13 entire area.14 The Philadelphia City Planning15 Commission, at its meeting of June 9,16 2009, considered Bill No. 090072 and17 recommended that the bill be approved, as18 amended.19 The City's Law Department has20 reviewed this bill and has requested21 certain technical amendments to be made22 in addition to the recommendations from23 the Philadelphia City Planning24 Commission, and these have been submitted25 10 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 for the consideration by Council.2 This concludes my testimony.3 If there's any questions, I would be4 happy to answer them for you.5

So6 that the Law Department's amendments were7 also included with what we received.8 Mr. Kramer, is this in a9 historic district?10

Not at this time,11 although some -- this one is not. The12 prior bill affects an area that is under13 consideration for the creation of a14 historic district, but one has not been15 established as yet.16

Okay.17 And you don't have a problem with this18 bill?19

I'm sorry?20

You21 don't have a problem with the bill as22 it's written? I mean, are you telling23 people what type of glass they would have24 to use and the height?25 11 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

The -- the --2

I3 mean, I thought that that was done in the4 historic district, but if you feel that5 you're going to be working on that --6

If I may,7 Madam President?8 COUNCIL PRESIDENT VERNA:9 Please.10

The City11 Avenue project was started before my12 time; it was the prior councilman,13 Councilman Nutter, who is now Mayor, who14 established a working relationship with15 the special services district.16 What this will do is create a17 couple of things: One, increase density,18 a better look, and a more first-class19 look for that avenue. I think a couple20 of things are covered under there.21 It is more pedestrian-friendly,22 it calls for a little wider pedestrian23 walkway, and it calls for pervious24 surfaces where possible.25 12 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 So it is where -- in my2 opinion, in my background with commercial3 corridors -- where we should be going.4 It is transit-oriented to development as5 its best, and I think it's just a well-6 thought-out, good look for that7 particular commercial corridor.8

If I may?9

Yes.10

Some of the11 concerns that have been raised by the12 Commission staff:13 This is the first time we're14 actually having significant design15 controls put into an ordinance that16 affects a rather limited area of the17 City, rather than a citywide approach to18 this. And, frankly, many of us would19 like to have handled it as a rather20 citywide ordinance or a citywide approach21 to it rather than a piecemeal, individual22 approach.23 However, given the fact that24 the Zoning Code Commission is undergoing25 13 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 its rewriting of the Zoning Code, and2 some of these provisions may, in fact, be3 incorporated into that rewriting, it4 would then be allegedly or hopefully5 addressed within another year.6 And with the economy, we're not7 necessarily overly concerned that it will8 be overwhelmed with either reviews that9 we have to do or that there's going to be10 an influx of development that's going to11 be unnecessarily negatively affected by12 it.13 And that's why we were willing14 to let it go at this particular time.15

Thank16 you.17 The Chair recognizes Councilman18 Goode.19

Thank you,20 Madam President.21 I'm not sure where to start.22 Councilman Jones, to some extent, talked23 about the purposes of it. I guess I'll24 start with the fact that this was25 14 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 recommended by the special services2 district?3

This actually came4 about as a result of a coordinated effort5 between representatives of the Lower6 Merion and the City Avenue people. It's7 actually both a joint city and county8 venture to address City Avenue concerns.9 And City Avenue has half of it inside the10 City and have of it inside Merion11 Township.12 There's a corresponding effort13 along the same lines going on in Merion14 Township, as I understand it. I think15 we -- as I have been told, we're a little16 bit ahead of them at this point in terms17 of the actual legislative process, but it18 is expected that similar legislation will19 be in place on the Merion side as well.20

And the21 end-goal of this is what?22

The end -- I'm23 sorry, I didn't hear you.24

The end-goal25 15 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 of this is what?2

The end-goal is3 twofold. It -- the primary consideration4 is to address the pedestrian concerns and5 make City Avenue a more pedestrian-6 friendly place to be. And a large thrust7 of the directions here have been for the8 provision of sidewalks as part of -- and9 doing so using the Zoning Code.10 This has been something that11 has caused some angst amongst my staff,12 and we have gone around and around on13 this thing. As late as even yesterday,14 and even this morning, we've been15 discussing it with the Law Department in16 regards to how we do it.17 I don't think that we're -- we18 agree that the application is one thing,19 and it's the "how-it's-getting-done"20 that's bothering a lot of people.21

Well,22 Mr. Kramer --23

Yes?24

-- it sounds25 16 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 good, but --2

Point of3 information, Madam President?4

It sounds5 good in concept. Wait a second.6

One7 moment please.8

I'm sorry.9 It sounds good in concept; I'm not sure10 how you make City Avenue a more11 pedestrian district.12

Well, the way that13 they're intending to do it is to make a14 requirement that the sidewalks be ten15 foot. Now, that's only going to widen16 your sidewalk and allow you to walk on17 it, but if you don't do that, you're not18 going to get anywhere anyway, so -- but19 it's a start.20 Councilman, I didn't want to21 step on his toes either. I'm not sure --22 COUNCIL PRESIDENT VERNA:23 Councilman Jones.24

Thank you,25 17 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Madam President.2 Point of information:3 A, the Bala Cynwyd side is4 already put in their legislation and5 passed it; that's number one.6 Number two, as a part of a7 effort to have a more pedestrian-friendly8 environment on City Avenue, it is not9 just the sidewalks; it is the greening,10 it is the calming effect in the middle11 that we're trying to look for so that12 people slow down, that people are more13 comfortable because the sidewalks are so14 narrow.15 One of the things about the 4th16 Councilmatic District is that we have the17 highest number of assisted-living18 facilities concentrated in one area in19 any district, including people that need20 wheelchairs to travel.21 These small sidewalks have been22 a impediment to them. They will protest23 up at Belmont and City Avenue as to the24 nature of the inability of people to25 18 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 comfortably move about City Avenue.2 These are some of the things3 that will address some of that.4 COUNCIL PRESIDENT VERNA:5 Councilman Goode?6

Councilman,7 how is this going to affect the8 businesses along City Avenue? What is9 the intended effect for the businesses?10

The intended11 impact, one of them, is that right now,12 if you look and take a snapshot, you have13 a Jiffy Muffler and you have a 7-Eleven,14 which are fine establishments.15 But what we're looking to do is16 create a incentive to do density, to17 build closer to City Avenue. As opposed18 to having the parking lots in the front19 of City Avenue, we would like them, for20 example, to put them in back of City21 Avenue, to give them a little more22 flexibility on the height in order to23 create density so that people and24 developers are incentivized to want to25 19 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 improve those properties along City2 Avenue.3

Mr. Kramer,4 maybe you can tell me, what is the5 vacancy rate?6

I would have no7 way of knowing that, sir. I don't know.8

You're9 familiar with the area, though?10

Not personally,11 no. I -- I have -- my daughter's working12 out of one of the radio stations out13 there, but that's as close as I get.14 We do have in the audience15 Mr. Terry Foley, who represents the City16 Avenue District, and he very well may be17 able to answer that question for you.18

If he could19 come forward, please.20 COUNCIL PRESIDENT VERNA:21 Mr. Foley?22 (Mr. Foley comes forward.)23

By way of24 disclosure, I live a block-and-a-half of25 20 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 City Avenue. I live two blocks from one2 assisted-living facility and two blocks3 from the other.4

I will defer to5 your knowledge of the area, sir.6

Okay, yeah.7

I will say, as8 Mr. Foley comes forward, one of the9 concerns was the type of uses that are on10 City Avenue, the latest being a used-11 motorcycle sales place, which is not12 necessarily conducive to the type of13 development that they wanted to see.14 But Mr. Foley is here and I'm15 certain that he can speak for himself.16

Good17 afternoon. Kindly identify yourself for18 the record.19

Hi. My name is20 Terry Foley. I'm the President and CEO21 of the City Avenue Special Services22 District. We are a multi-jurisdictional23 special services district covering both24 Lower Merion Township and the City of25 21 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Philadelphia.2 The district spans from 63rd3 Street on the Philadelphia side down to4 the Schuylkill Expressway. On the City5 side, it also goes back to Overbrook6 Avenue in many sections and as far back7 as Ford/Conshohocken Road in the Monument8 Road area.9

What is the10 vacancy rate along City Avenue?11

I do not know12 exactly the vacancy rate. There is not13 published information on commercial14 properties; there is on office15 properties.16 The office properties are17 primarily on the Lower Merion side, and18 that right now is about 87 -- the19 occupancy is 87 percent.20

There is not21 published information on it?22

No. I can tell you23 that --24

So the25 22 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 special services district didn't actually2 survey the area itself?3

We have not4 surveyed the commercial properties in the5 last two years for that information.6 Anecdotally, I can tell you7 that the Keystone Tire property that8 Mr. Kramer referred to, at the corner of9 Gulph and City Avenue, as been vacant for10 several years, but, in the last two11 weeks, has been occupied by a used-12 motorcycle shop that has caused great13 alarm for ourselves and the Wynnefield14 Residents Association.15 Unfortunately, under the16 current zoning, they are allowed to be17 there, and there's nothing we can do18 about it. Under the zoning overlay, that19 would be a prohibited use. It's right20 next to the Jiffy Lube.21

I know22 exactly where it is, and I've seen the23 motorcycles sitting there. It's along my24 walking route in the morning.25 23 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

Okay.2

So you have3 no idea whatsoever what the vacancy rate4 is?5

(Shakes head.)6

I mean, can7 you at least guess what the vacancy rate8 may or may not be?9 And the reason why I ask the10 question is, I'm not sure whether there's11 an opportunity in terms of zoning related12 to -- I'm not sure how much new13 development can happen there, period.14

Okay. If we take15 the location that you walk by every16 morning, that's a prime example where17 what we'd like to see happen is that18 entire block to be redeveloped.19 But because of the challenging20 lot sizes that exist today, it's not21 economically feasible under the current22 zoning, but the zoning we're putting23 forward, first of all, would change the24 setbacks and bring the properties to the25 24 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 street, get the parking in the rear, and2 --3

I guess my4 question is: Are you trying to make5 zoning changes to change the retail mix,6 the store mix there?7

Yes. We're trying8 to revitalize its area.9

That's not10 my question. The questions is: Are you11 trying to change the store mix there?12

Yes.13

But there's14 not a high vacancy rate.15

No, but the, um...16 I'm trying to pick the right words to use17 here.18

Well, let me19 ask you another question before you20 answer that one. Do you know what the21 mix of ownership is?22

I don't understand23 the question.24

The question25 25 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 is: Are the properties generally2 originally owned, or are they owned by --3 are there several properties owned by4 one, two, or three companies? Or what's5 the mix of ownership?6

Okay. The7 ownership tends to be absentee and tends8 to be individual. The Keystone property9 that we just mentioned --10

You keep11 referring to one property; I'm asking you12 about the entire City Avenue.13

Well, the answer14 is: It's diverse ownership, it's mostly15 absentee, meaning they're located16 elsewhere than this region, and they're17 individually owned. There's not one18 organization that owns many properties19 other than the universities.20

And so, you21 expect the owners to do what as a result22 of this legislation?23

We -- we do not24 expect the current owners to do much. We25 26 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 expect developers to become more2 interested in the area and to come in and3 acquire properties and then redevelop4 them.5

So through6 zoning changes -- through this7 legislation, you're essentially trying to8 take over properties that are currently9 owned?10

No, we're not11 trying to take over anything. We're12 trying to encourage redevelopment of the13 area. Among -- that's one part of it --14

The area's15 not underdeveloped, there are not that16 many nuisance properties there, although17 there are some nuisance properties there.18 I'm not -- I'm just not getting19 it, to put it simply.20

Well, it's more21 encompassing than just the redevelopment22 of the properties. It's also to make it23 more pedestrian-friendly, to encourage24 transit use in the area. We have a very25 27 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 large number of bus lines, we have two2 railroad stations, one of which is3 greatly underutilized. That's all --4 it's all a part of this legislation.5 There's a lot of moving pieces6 to it, as Mr. Kramer said, and we're7 really -- we're trying to encourage8 continual revitalization of the area,9 both on the Philadelphia side and on the10 Lower Merion side.11

And you are12 a resident of the area?13

I live in the City14 of Philadelphia; I do not live in that15 area.16

Okay, thank17 you.18 Thank you, Madam Chair.19 COUNCIL PRESIDENT VERNA:20 You're welcome.21 The Chair recognizes Councilman22 Clarke.23

Thank you,24 Madam Chair.25 28 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Good afternoon. I just want to2 ask you one question, and I -- let me3 preface this by saying that I support the4 Councilman's bill and the proposed5 amendments.6 But at 54th and City Line7 Avenue, there was recently, I think,8 within the last year or so, St. Joseph's9 constructed a building, and they moved10 the building up to -- closer to the11 property line.12

Yes, sir.13

And my14 question is: One, I thought -- it seems15 like quiet an imposing building, and it16 actually seem like it is not pedestrian-17 friendly because it appears -- and maybe18 that's just visual -- that it actually19 shortened the sidewalk.20 The proposed initiative, do21 you -- is that what it's going to22 replicate along the corridor?23

No, sir.24

'Cause I25 29 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 don't think that's --2

It would not, no.3

You know4 what I'm talking about, right?5

Yes, sir, I do.6

Right.7

I was familiar8 with it. The St. Joe's proposal came in9 as an IDD master plan amendment, and I10 was certainly involved in the approval of11 that.12 And you're absolutely right; it13 does go right up to the sidewalk there14 along 54th Street, if I remember15 correctly.16

Right.17

It's a combination18 dormitory and parking garage, if I'm not19 mistaken.20 And it wasn't designed as a21 pedestrian-friendly type facility. The22 university at that point was trying to23 maximize the available property to use on24 its own.25 30 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

Correct.2

This particular3 bill would wrap around that.4 The effects of it or the5 provisions go up to where that building6 would start and then continue on 54th7 Street for the small commercial strip on8 54th.9 This bill also has setback10 requirements as a front yard. And in11 that particular section of -- it's called12 the Village Center part of this. It13 would be a 20-foot setback from the14 street. The other provision says that15 you can't park in the setback.16 The object is to move the17 buildings back to allow you this space to18 put your ten-foot sidewalk and, at the19 same time, require that parking be20 required in the rear of the building so21 that you don't have curb cuts coming22 through the lots.23 As a practical matter, if you24 have a lot in the middle of City Avenue,25 31 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 with no other access, I'm not quite sure2 how you would do that, but that hasn't3 been finally nailed down. It was one of4 the concerns that we have. I'm not5 certain that that's all been answered as6 yet.7 But you're right. The object8 was to create a setback in the Village9 Center that is 20 feet, and I believe10 it's greater than that in what they're11 calling the Regional Center, which is12 further towards the Schuylkill13 Expressway, the Channel 6 site, and a14 number of buildings that target that area15 was a bigger setback.16 They are recommending that if17 you have a property that's more than 60018 foot in width, that you put a city street19 through the property. Originally, there20 was a bone of contention about putting21 that in, and the language, as amended,22 recommends it. Originally, it was23 required.24 I don't -- that becomes an25 32 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 issue in terms of the way to deal with2 that. If you want a city street, there's3 a whole city streets process to put it on4 the City Plan and have it dedicated, and5 that's what we were recommending.6 If someone wants to put a city7 street in, we'll certainly work with them8 to do that, if you have enough area or9 enough street frontage on any street, in10 order to increase the circulation both11 vehicularly and pedestrian-wise, because12 a part of that would require sidewalks on13 any new street.14

Excuse me.15

Go ahead,16 sir.17

Could I also help18 with that answer?19 If go around the corner from20 the dormitories to the parking facility21 with the retail on the first floor, that22 is what we're looking for. And when23 St. Joe's went to do that, they came to24 us and said, We know you guys are working25 33 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 on something, and we explained to 'em2 where we were in the process with our3 committees and such.4 So what you have there is5 there's -- it's a parking facility, and6 it has retail on the first floor, so7 there's an a active use. And then the8 facility is screened on the upper floor9 so you don't see the garage levels.10

That's on11 what street?12

It's on 54th.13

54th?14

It has the adequate15 setback, it has the verge, which, in this16 case, is paved stones with trees, then17 the passageway. And then there's room18 there for some outdoor seating as well.19

But in20 retrospect, the City Avenue side is not21 something that --22

That's done?23

Yeah.24

That's done and25 34 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 there's nothing we can do.2 But if you look --3

All right.4

-- at the parking5 facility, that's where we're going.6

Oh, okay.7 All right. I just wanted to make sure.8 Thank you.9

Madam10 Chair?11

The12 Chair recognizes Councilwoman Brown.13

Thank you,14 Madam President.15 Good afternoon, gentlemen.16 So can we safely assume, then,17 that the residents of that community will18 not again see a building set out in the19 way that Councilman Clarke has just20 described on City Avenue?21

If you're referring22 to the current dormitory, it's -- my23 understanding was that they did not24 appreciate that at that time. That25 35 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 community association -- it went through2 a residence association, and their3 president, Peter (indiscernible) and the4 group is in support of this. They've5 worked with us -- I'm sorry, I6 misunderstood.7

Please8 don't misunderstand me. I'm very much9 aware of the organization. And in the10 interest of full disclosure, I'm a member11 of that organization and can say that the12 community was deeply disturbed by the13 building being so far out on City Avenue.14 So the question is: Moving15 forward with the legislation, as proposed16 by my District Councilperson that I17 support, can we assume that the residents18 of that community will not again have to19 be accepting of a circumstance with the20 building so far out near the curb?21

That is correct.22 Based on the provisions of this overlay,23 the setbacks would be required; and,24 therefore, you wouldn't have a building25 36 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 immediately up on the sidewalk. That --2 you're absolutely right; they would not3 be faced with that unless someone wanted4 to do due process and go before the5 Zoning Board of Adjustment. So it would6 require community notification and a7 visit to the Zoning Board of Adjustment8 for such approval.9

Even if it10 is an...11

IDD.12

... IDD?13

The IDDs are not a14 part of this particular provision. And15 the IDD does have a master plan16 provision, which is going to, at a17 minimum, require approval of this Council18 as well as the City Planning Commission.19 And if the community has20 objections, they -- when we did the21 dormitory for St. Joe's, we were22 certainly aware that there were community23 concerns in opposition, and there were a24 number of different issues, as I remember25 37 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 it, that were being dealt with.2 And there were a number of3 different communities -- not just the4 overall community group, but immediate5 neighbors meeting with the architects and6 representatives for St. Joe's to deal7 with it. And it was our understanding8 that at that time, they came to an9 understanding amongst themselves, and we10 then let it go at that point.11

The only12 friendly amendment that I would offer to13 that is that it was not a community14 concern; there was strong community15 opposition to the university building an16 eight-story building in a community where17 you have single-family homes of only two18 and three stories.19 And after much work over four20 or five years, the community worked21 closely with St. Joseph's University to22 reach an agreement to alleviate 7523 percent of the concerns raised by24 neighbors. So that's why I raised the25 38 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 question.2 Is this instance an anomaly,3 that never again will we have to reckon4 with a situation that, you know, some5 might argue, was ultimately less than a6 compromise?7

Well, again, we do8 not have anything to do with the IDD9 district, but I just have to go again10 with the example of the newest St.11 Joseph's has built in the community,12 which is that parking facility, and they13 did go along with the guidelines that we14 gave them.15 And I haven't found anyone in16 the community that dislikes that17 building. I think everyone's very18 pleased with how it turned out.19

Well,20 again, for the record, we're extremely21 pleased because it took all of the22 parking off of 52nd Street and 54th23 Street, Church Road, and Rexford Road,24 when they couldn't even park in front of25 39 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 their own and in front of their own2 garages.3 So it was a great outcome, but4 getting us there was -- was awful.5

Right.6

Thank you,7 Madam President.8 COUNCIL PRESIDENT VERNA:9 You're welcome.10 Are there any other questions11 or comments from members of the12 committee?13 (No further questions.)14

Thank15 you. Thank you, Mr. Foley.16 Oh, I'm sorry, Mr. Foley. One17 moment please.18 The Chair recognizes Councilman19 Goode.20

Just,21 Mr. Kramer, one time: Can you explain22 what the Planning Commission's concerns23 were?24

There were many25 40 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 concerns with it. Largely, the first2 concern had to do with certain things3 that had been amended out of the bill at4 this point, so we'll leave those aside.5 The other concern that the6 Planning Commission had, it had to deal7 with the establishment of design controls8 and design standards being put into the9 Zoning Code in, let's call it, a10 piecemeal fashion.11 In other words, the design12 controls that are associated with this13 bill only have control and issues dealing14 with the avenue, City Avenue, and its15 environs. It's not a design standard16 that's being applied citywide.17 And the concern that we had was18 that we didn't want to necessarily19 approach design standard approvals in20 that fashion; we would much rather have21 dealt with it as a citywide design22 standard bill and organization.23 However, the reason that we let24 it -- part of this bill and let it25 41 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 continue forward without fighting it was2 because we understand that a lot of the3 concerns and design standards that are in4 this bill are not bad and they're not5 necessarily ideal, but they're not6 necessarily going to cause harm, either.7 We believe that that will be8 in -- subsumed by a new zoning code that9 we're working on in relation with the10 Zoning Code Commission work.11

Mr. Kramer,12 is it fair to say -- and I'm not against13 the legislation, per se; I'm thinking14 about unintended consequence.15 Is it fair to say that because,16 as the testimony has been presented, of17 there being absentee landlords who don't18 necessarily live within the area, that19 those landlords will not necessarily20 redevelop their properties and may not21 have interest in -- if they lose a22 tenant, fill in the vacancy at all?23

I don't know that24 this bill would affect tenancy one way or25 42 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 another. What this bill is more likely2 to affect is someone going in and3 rehabilitating a building such as tearing4 it down and replacing. It is either more5 or less likely to occur, depending on6 probably economic conditions way above7 what the zoning would be.8

But -- but9 --10

But it wouldn't11 change the tenancy --12 (Indiscernible; parties talking13 over each other.)14

Mr. Kramer,15 these are two simple questions I'm16 asking.17

Go ahead.18

One, could19 this cause the underdevelopment of the20 City side versus the suburban side?21 And then, two, is this actually22 an incentive for those landlords to23 develop their properties anymore than24 they've developed them already?25 43 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

The answer to your2 question is twofold.3 The first one I can't really4 answer because I don't know enough about5 the other side of the street to tell you6 whether this is going to give an7 advantage or a disadvantage to our side8 of the City Avenue side; I just don't9 know what the other side is, to give you10 a comparative answer.11 With regard to the second12 component, is this going to be a13 incentive to drive on? I don't think14 it's going to be a incentive to drive on15 or -- it's setting a framework upon which16 to do it, so I don't know if it's an17 incentive to build.18

So it's not19 necessarily an incentive for anyone to20 redevelop their properties at all, one.21 And then, two, when you put in22 design controls on both sides of the23 street that possibly create additional24 costs to redeveloping properties and the25 44 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 cost of development is cheaper on one2 side than the other.3

That would depend4 on the design standards that you put in.5 If they're both the same, the cost would6 be the same.7 But it would, indeed, add to8 your cost in terms of upfront costs to9 develop; yes, it would.10

Thank you.11

The12 Chair recognizes Councilman Jones.13

Well, for14 full disclosure, one of the most15 difficult districts is one where you have16 the Mayor lives, Councilman Goode lives,17 Councilmember Blondell Reynolds-Brown18 lives, Senator Hughes lives, and Louise19 Bishop lives one mile within that20 district. So we better get it right, and21 I understand that.22 (Laughter.)23

But to24 answer your questions, which I think are25 45 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 good questions, is that currently, you2 have a limit on how much of acreage can3 be developed under the current process by4 way of density that you -- and what we5 are trying to do is get an existing owner6 to be able to be incentivized to say, All7 right, I'm going to build more building8 on this parcel than I have before -- a9 little more height, a little -- you know,10 a little more girth. And we can also11 talked about esthetics by moving some of12 those parking lots that are out front in13 back.14 And I just think that if we're15 talking about expanding our way out of16 this recession and creating development17 and incentivizing development, this is18 the kind of zoning that we need to have.19 And I just think that, by way20 of your concern, the membership of the21 special services district, the22 dues-paying members have all weighed in23 on this, and they have said that this is24 something that they want to do.25 46 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 And so, if it's good enough for2 their judgment on development, then I3 think that it's something that this4 Council needs to support.5

Thank6 you very much.7

I won't go8 much further with this.9 The question, Councilman,10 simply is: What is incentive? One.11 And, two, are the dues-paying12 members of the special services district13 the same as the absentee landlords, that14 the special services district talked15 about?16

The answer to the17 question is: Yes, the property owners18 are the folks who pay the assessments.19 We have an 18-member board, and nine20 people on that board represent the City21 side, that are all priority owners on the22 Philadelphia side. And they are local23 property owners. As I said before, the24 vast majority of property owners are out25 47 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 of the reasons.2 And, Councilman, I would like3 to address your question about unfair4 advantage of one side over the other.5 The ordinances in Lower Merion6 Township are mirror images of what we're7 doing on the Philadelphia side. Our8 consultant on this is (indiscernible)9 Kladner, and they have written and10 fashioned both sides' ordinances.11 So we want everything to be the12 same and to eliminate any advantages that13 may exist today for one side.14

But you do15 agree that there are advantages to one16 side versus the other?17

Personally, I think18 there's advantages to the Lower Merion19 side today.20

Okay. Thank21 you.22

Thank23 you.24 Are there any further questions25 48 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 or comments by members of the committee?2 (No further questions.)3

Thank4 you, Mr. Foley.5 Do we have anyone else to6 testify on this bill?7 (No response.)8

Thank9 you.10 Before we proceed, I would like11 the record to indicate that we do have a12 quorum. To my extreme left is13 Councilwoman Brown, Councilman Clarke,14 and Councilman Greenlee. To my extreme15 right are Councilman DiCicco,16 Councilwoman Miller, Councilman Goode,17 and Councilman Kenney.18 I would ask Mr. Erekson to19 please read the title of Bill No. 090191.20

Bill 090191, an21 ordinance amending Title 14 of the22 Philadelphia Code, entitled "Zoning and23 Planning" to prohibit the transfer of24 special approvals provided by the Zoning25 49 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Board of Adjustment.2

Good afternoon,3 Council President Verna and members of4 the Rules Committee. I'm William Kramer,5 Division Director of the Planning6 Division of the Philadelphia City7 Planning Commission.8 I'm here today to testify on9 Bill No. 090191, which was introduced by10 Councilmember O'Neill on March the 12th11 of 2009.12 This bill amends Section13 14-1801 of the Philadelphia Zoning Code14 by prohibiting the transfer of special15 exemptions, certificate of variance, or16 special-use permit when granted by the17 Zoning Board of Adjustment from one18 parcel to another.19 Under the current provisions of20 the code, a property that receives a21 variance from the Zoning Board of22 Adjustment can be subdivided and have the23 relief applied to the new lot. This24 ordinance prohibit this condition by25 50 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 allowing zoning relief for the original2 lots and not for newly-created ones.3 The Philadelphia Planning4 Commission, at its meeting of April 21,5 2009, considered Bill No. 090191 and6 recommended that the bill be approved.7 This concludes my testimony.8

Thank9 you.10 The Chair recognizes Councilman11 Kenney.12

Thank you,13 Madam President.14 I understand the issue relative15 to subdividing the property and having16 the special approvals not be17 transferable, but if it transfers from18 owner to owner, does the approval19 transfer if it's the same use.20 For example, if it's a21 commercial property that receives certain22 approvals and the person retires and23 sells their business, do the approvals24 follow the business?25 51 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

If the variance2 was granted, the approvals would stay3 with the land. So that if you had a4 business and sold it to me, I could then5 go in and use it without further6 acknowledgment of the board.7

You can't8 just subdivide it, though, and then do9 another operation --10

Right. I could11 not then take that property, subdivide12 it, and then apply the same variance to13 both new properties.14

Okay, thank15 you.16

Thank17 you.18 Any further questions from19 members of the committee?20 (No further questions.)21

Do we22 have anyone else to testify on this bill?23 (No response.)24 COUNCIL PRESIDENT VERNA:25 52 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Seeing no one, I would ask Mr. Erekson to2 please read the title of Bill No. 090412.3

Bill No. 090412,4 an ordinance to amend the Philadelphia5 Zoning Maps by changing the zoning6 designations of certain areas of land7 located within an area bounded by Cecil8 B. Moore Avenue, 11th Street, Montgomery9 Avenue, and 12th Street; amending Section10 14-1402 of the Philadelphia Code,11 entitled "Parking in Residential12 Districts" and by amending Section 14-30513 of the Philadelphia Code, entitled "C-414 Commercial and C-5 Commercial Districts,"15 all under certain terms and conditions.16

Thank17 you.18 Mr. Kramer?19

Good afternoon,20 Council President Verna and members of21 the Rules Committee. 4 Bill No. 090412 is to allow for5 the construction of student housing on6 the site of the former Wanamaker School7 site. 10 This development is expected to11 occur in three phases. The first will12 renovate the existing school into13 apartments and a three-story overbuild14 containing 180 residential units and 60015 beds. In addition, two retail units will16 be created at the corner of 12th and17 Montgomery Avenue. 22 Phases II and III each involve23 the construction of apartment towers, one24 containing 12 stories and the other25 54 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 containing 20 stories. 5 The tower along 12th Street6 will have 305 units with 922 beds, while7 the tower along Montgomery Avenue will8 have 345 units, with 1178 beds. 11 As part of this project, 2812 underground parking spaces will be13 constructed. 17 Bill No. 090412 contains two18 components. The first is a rezoning19 component, which changes the zoning20 designation of the property from an21 existing zoning designation of parking22 C-2 commercial and partly G-2 industrial23 to a single designation of C-424 commercial. 25 56 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Bill No. 090412 has a sunset2 provision which indicates that the3 ordinance will lapse on December 13,4 2013, unless a building permit has been5 secured. 10 The City Planning Commission,11 at its meeting of May 15, 2009,12 considered Bill No. 14 I have been made aware that15 there will be amendments to this bill16 that will establish a parking17 requirement. We are -- that is18 consistent. 4 COUNCIL PRESIDENT VERNA:5 Mr. Kramer, I was distracted6 when you were testifying. 9

The plans that we10 saw had 28 underground parking spaces,11 and we understand that there were in12 total 2700 beds. The reason we were13 comfortable with that is, this was14 supposed to be student housing for Temple15 University; and, therefore, Temple16 University would be providing, we would17 assume, parking for their students, those18 that would require it, student parking.19 This is consistent with a bill20 that we did for a tower development on21 the other side of Broad Street at Cecil22 B. Moore that -- wherein there was a23 proposal for additional dormitory space24 to be built there, and this is consistent25 58 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 with the policies that we did at that2 point.3 But I understand that the4 proposal has changed a little bit since5 we had seen it. And in dealing with the6 community and Councilman Clarke -- may7 have more information on that than I do,8 and I know that their representatives are9 here as well and could probably address10 that at this time 'cause it has changed.11 There may be more parking than12 I'm aware of, is my point.13

Thank14 you.15 Any questions?16 Councilman Clarke.17

Thank you,18 Madam President.19 Real briefly, with respects to20 the parking, that was actually one of the21 final issues that remained on the table.22 And while I understand traditionally,23 students traditionally don't have24 vehicles, although we've experienced a25 59 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 number of students who have had vehicles2 in certain other locations, this3 particular development actually has an4 auditorium, for lack of a better term,5 that there will be events onsite6 periodically.7 So there was a need to have8 some parking strategies for that9 particular development, in addition to10 which, it is a neighborhood that there11 have already been some significant12 challenges as it relates to parking and13 some of the other things associated with14 the student housing.15 So, therefore, we had asked the16 development team to put together an17 amendment that essentially requires that18 for every three students, they will19 provide one parking space onsite. The20 reason why we insisted on having it21 onsite was because we did not want the22 parking to be identified offsite, which,23 frankly speaking, is a part of the24 problem that we've experienced in that25 60 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 part of the community, 'cause, for2 whatever reason, students feel the need,3 regardless of how cheap the parking that,4 quote/unquote, Temple provides, they will5 find a parking space in the adjacent6 neighborhood before they will spend 507 cents to park on the lot.8 So we want to have free parking9 onsite as a part of the development, and10 the development team has agreed to that11 amendment.12

We gladly support13 that.14

Thank15 you.16

Oh, and one17 other thing. I understand that the18 development team is in conversations with19 the property owner who has a parking lot20 immediately across the street -- I21 believe owned by Mr. Nicoletti -- to have22 arrangements when you have events -- when23 they have events onsite, that they will24 have opportunities to park, event parking25 61 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 for those purposes, separate and aside2 from the onsite parking facilities.3

Thank4 you.5 Mr. Kramer, will the university6 own the property?7

No, ma'am, they8 will not.9

Oh,10 who will own it?11

It's my12 understanding the Goldenberg Group is the13 development company and --14

I'm15 sorry?16

The Goldenberg17 Group, is my understanding, but I may be18 wrong. Mr. Patterson is representing19 them and may have more information on20 that than I have.21

Thank22 you.23 And is there any assurance that24 the use as a multi-occupancy dwelling25 62 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 unit will be limited to student2 occupancy?3

That is not4 something we could put in the code5 legally; we could not differentiate in6 that way.7 It is our that's the proposal,8 and other than that, I don't know that I9 have any assurances that I can have10 legally in the code that would do that.11

Thank12 you.13 Any further questions of14 Mr. Kramer?15 (No further questions or16 comments.)17

Thank18 you.19 Our next witness?20

Pamela Smith.21 (Witnesses come forward.)22 COUNCIL PRESIDENT VERNA:23 Mr. Patterson.24

25 63 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Good afternoon. My name is Ronald2 Patterson. I represent the property3 owner and developer, which is a joint4 venture of the Goldenberg Group. 12 Also, the other partners of13 Bright Hope Baptist Church, and with me14 today is Reverend Kevin R. 20 As a brief overview, this bill21 regards a property located at 11th and22 Cecil B. Avenue, the entire block. 6 acres. It is the site of the former24 John Wanamaker Middle School. 9 The property is actually10 located in two zoning districts, being11 G-2 general industrial and C-212 commercial. 21 So we requested a zoning map22 change and a Zoning Code adjustment to23 allow for a proposed project to move24 forward. And, in summary, it consists of25 65 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 a few different phases, the first being2 cleaning up and remediating the3 environmental issues in the existing4 building. 3 This is, as Mr. Kramer4 mentioned, not a Temple University5 project or partnership, but it recognizes6 their study that there's a need for 5,0007 future beds in that area. 21 The project construction costs22 are estimated at $250 million. 3 Also, to prove that this is a4 real project, there's a provision in the5 agreement of sale that we can't flip or6 speculate this project for profit for at7 least five years. 10 So what the ordinance does is11 change the split zoning district to C-412 commercial. 16 C-4 allows 500 FAR, which is17 the amount of gross floor area you can18 build times the area of your lot. 23 And that also is -- and in24 connection with that, we've offered to25 68 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 the Planning Commission, as Mr. 11 In the original version of the12 bill, we had removed any parking13 requirement. And in C-4, for each14 residential unit, you would be required15 one space for each residential unit. 19 And we understood the Planning20 Commission's goal of discouraging driving21 and parking, and we did conduct a parking22 study that showed that for the students23 that live onsite, less than 20 percent of24 them actually drive. The problem in the25 69 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 neighborhood primarily, as we saw it, are2 the commuters who are parking in the free3 parking. 12 So in Phase I, we can provide,13 because we're doing two phases, up to 25014 parking spaces onsite on the surface. 25 70 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 It's hard to retrofit an2 existing building to put in sub or3 below-grade parking. 7 So the committee also should8 know that we have prepared an equal9 opportunity plan. 3

Thank4 you.5 Just a moment, please.6 Reverend Johnson? Thank you7 and welcome.8

Thank you so9 much. Good afternoon, Council President10 Anna Vernon [sic]; our councilman,11 Mr. Darrell Clarke; and all of the12 members of the Rules Committee.13 I'm Reverend Kevin R. Johnson,14 Senior Pastor of Bright Hope Baptist15 Church and President of the Bridge of16 Hope Community Development Corporation.17 I'm here this afternoon with18 our development partner Mr. Collin Jones19 of the Goldenberg Group, and also with a20 host of Philadelphia and North21 Philadelphia residents and also members22 of Bright Hope Baptist Church.23 And if you don't mind, I would24 like for those persons to stand.25 72 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 (Above-cited individuals stand2 for recognition.)3

Thank you.4 (Applause.)5

We6 welcome you. Welcome.7

Madam8 President and the Rules Committee, I9 speak before you today not only as a10 pastor and a community leader, but as a11 student of history and one who12 understands Bright Hope's rich legacy in13 North Philadelphia and commitment to14 community and economic empowerment. In15 February of 2010, Bright Hope will16 celebrate 100 years of Christian witness17 and community empowerment in our beloved18 North Philadelphia community.19 When I was called as Bright20 Hope's pastor to succeed my predecessor,21 former Congressman Reverend William H.22 Gray, III, I accepted because my family23 and I wanted to live in a city and be a24 part of an urban community striving to25 73 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 become all that God intends for her to2 be.3 As you may know, Bridge of Hope4 Community Development Corporation, along5 with the Goldenberg Group, acquired the6 former John Wanamaker School in August of7 2008. Bridge of Hope Community8 Development Corporation was founded in9 the fall of 2006 by Reverend Gray,10 members of the Bright Hope Baptist11 Church, the residents of Yorktown12 Association, as well as Jefferson Manor13 Residents Association, and the State14 Representative of the 181st District and15 the State Senator for the 3rd district.16 Bright Hope is a community17 economic development corporation that is18 sponsored by the church but also has19 strategic interests in looking at our20 community as a whole. Specifically, we21 have been concerned about John Wanamaker22 School, which sits directly in front of23 our church.24 By partnering with the25 74 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Goldenberg Group, the Bridge of Hope2 Community Development Corporation intends3 to joint-venture the development project.4 We are looking for ways to develop the5 project that will be a mixed-use6 facility, including our empowerment7 village for a leadership academy, but8 also green jobs, including that9 technology, and also residential housing10 for students who live there, in the area.11 The project promises to be a blessing to12 our community.13 As pastor, I must say to you,14 Council, that I am quite sensitive to the15 needs of our communities. Growing up in16 Texas, where I was born, I lived just two17 blocks away from my church, so I18 recognize the importance of the church's19 responsibility to its community.20 For that reason, I am21 personally committed to ensuring that the22 needs of those of the Yorktown and23 Jefferson Manor communities are addressed24 and that economic empowerment is truly25 75 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 realized for those who live, breathe,2 walk, and enjoy life in Yorktown,3 Jefferson Manor, Temple, and Brighter4 Hope Village. If this project is to be5 successful, we need your support.6 The last thing I want to share7 with the committee, I remember a man8 saying to me -- he asked me, what did I9 do? And I said, "I'm a pastor." And he10 said where? And I said, "in North11 Philadelphia." And he said, "Where is12 your church located?" I said, "12th and13 Cecil B. Moore." He said, "It's pretty14 blighted over there." I said, "It may be15 blight to you, but it's a treasure to16 me."17 So we are here today to really18 bring about that treasure and make this19 diamond really shine from the rough.20 Thank you.21

Thank22 you, Reverend.23 (Applause.)24

Good25 76 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 afternoon.2

Madam President,3 members of the Council, I just wanted to4 reinforce what our partner Reverend5 Johnson has said from Bridge of Hope CDC6 and Bright Hope Baptist Church, and to7 share with you some of things that the8 Goldenberg Group have done over the years9 since 1984.10 We have, in fact, developed11 close to 5.7 million square feet in and12 around the City of Philadelphia,13 including projects such as the West14 Philadelphia project at Parkside, South15 Philadelphia Columbus Commons, on16 Roosevelt Boulevard, in Northeast17 Philadelphia.18 And all of these projects19 involved community outreach programs,20 where we engaged with the local community21 groups. We pride ourselves on being able22 to complete projects and involve all23 members of the community in resolving any24 issues both upfront and during the25 77 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 process.2 I think if you speak to our3 partners at Parkside, at West4 Philadelphia Financial Services5 Institute, they would tell you that we go6 above and beyond what we are asked to do7 in the beginning to try and accommodate8 all of the requirements.9 So with that being said, I'd10 like to echo the Reverend's request for11 you to support us in this endeavor to12 turn the John Wanamaker School into a13 wonderful mixed-use facility that could14 encourage growth in the community and15 provide some of the beds that Temple has16 said that they need.17

Thank18 you very much.19 The Chair recognizes Councilman20 Kenney.21

Thank you,22 Madam President.23 I think Temple probably owes24 you a debt of gratitude also. I can't25 78 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 think of a better way of breaking down2 the town and gown confrontations than3 having actual development in the4 community with community involvement and5 having an additional way of bringing some6 of these students out of the7 neighborhoods and into these concentrated8 places, where they won't conflict with9 the neighbors as much as they have been.10 I assume from the rendering11 that there must be some sustainable or12 LEED type of issues relative to the13 project. And maybe for the record, it14 would be good if you could explain or15 describe some of the sustainable features16 of the project and maybe the LEED -- some17 LEED qualities if they're there. I18 assume, from looking at all of the glass19 and other things, that that's its case.20

Thank you,21 Councilman.22 Yes, we are striving to make23 this a LEED-certified project from start24 to finish. One of the good things about25 79 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 that is to be able to use an existing2 building is actually a good first step3 towards that.4 But in addition to that, we5 intend to have certain green roofs in the6 project, use solar power as much as7 possible, and to promote the use of8 sustainability both during construction9 and after, such that we can monitor how10 successful the use of energy is and11 promote the use of sustainable living12 once the project is complete.13

And, Collin, I14 think it's a good segué. Maybe you could15 explain about the Green Construction16 Technology Center.17

Some of the ideas18 that we are formulating as we speak19 actually is to, in the areas that are the20 gymnasiums today, to do such things as21 build from scratch a townhouse or a22 rowhome within the gymnasium, showing the23 (indiscernible) that exists and also the24 community how you could, using today's25 80 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 technology, build a rowhome with using2 all green technology, geothermal heat3 pumps, solar panels on the roof,4 insulated glass.5 And also to show community6 members how to insulate their own7 windows; to actually use, wherever8 possible, instant heat, which means that9 you would have, rather than the big tank10 that's constantly heated and constantly11 uses energy, we would have instant heat,12 which is a smaller panel unit. You only13 heat the water as you use it, and so,14 it's a much more efficient way to go and15 do whatever we can to encourage16 sustainable living in the City of17 Philadelphia.18

Thank you.19 It's a very exciting project.20

Thank21 you very much.22 Any other questions or comments23 from members of the committee?24 The Chair recognizes25 81 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Councilwoman Brown.2

Thank you,3 Madam President.4 Good afternoon, gentlemen.5 I do want to follow up on6 Councilman Jim Kenney's observation that7 you are what I would call "leading by8 example" in building a green building and9 have chosen, opted to do this, without10 the incentives that government oftentimes11 wants to do to move people in a new and12 different direction. So I do need to13 commend you for that.14 Secondly, the pastor was not15 able to be a part of our meetings, but it16 is important to acknowledge that17 Goldenberg, when presented with wrinkles,18 worked diligently to simply iron them out19 and in a couple of the other projects,20 and that matters when -- recognizing that21 no project is a hundred percent in terms22 of movement and flow through the process,23 but when presented with hurdles, they24 weren't even hurdles; they were wrinkles.25 82 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Goldenberg did all it needed to do to2 keep everyone whole. So that needs to be3 stated on the record as well.4 Thank you.5

Thank you.6

Thank7 you.8 The Chair recognizes Councilman9 Tasco it was.10

Thank you,11 Madam President.12 First, let me disclose that I13 am a member of Bright Hope Baptist14 Church, the best church in the world.15 (Applause.)16

But also,17 let me say that those of us who come, who18 are members of Bright Hope Baptist19 Church, and who may not live directly in20 the community where this development is21 being proposed, we come because we22 support the church and we support the23 mission of the church in bringing24 projects to the community that can be25 83 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 beneficial to the community.2 And also, Bright Hope has been3 an anchor in that community for many,4 many, many years, and was certainly very5 intimately involved with the development6 of the Yorktown community back in the7 days when it was developed.8 So those of us who are here,9 there are many of them who do live in the10 Yorktown area in that Cecil B. Moore11 area, but many of us don't, but we belong12 to that church because we like the13 mission of the church, what they're14 trying to do, and at the end of the day,15 have to provide the financial support for16 this project.17 So we come, seeking the support18 of this board and the members of the19 community to support this project, 'cause20 we believe it would be most beneficial to21 the North Philadelphia community.22 And we certainly thank our23 Council colleague Darrell Clarke for24 navigating and working to try to come to25 84 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 a resolution on this project. It is not2 easy. I've done this before when we were3 trying to develop the Temple University4 land up on Cheltenham Avenue. We went5 through many, many proposals, and it6 ended up with Eli Baptist Church, which7 has been a benefit to that community.8 So I say to the residents of9 the Yorktown community, know that Bright10 Hope is working to be a beacon and to be11 a strong anchor in the community to bring12 programs, which it certainly does now13 with this enrichment program, summer14 camp, the survival program for people who15 are homeless and hungry. So many16 programs go on in that church and in that17 community.18 And that's why I'm offering my19 support and am asking you for your20 support. And, more importantly, to those21 people who are not necessarily members of22 Bright Hope Baptist Church, to know and23 understand what we're trying to do and be24 supportive of this project.25 85 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Thank you very much.2

Thank3 you. Thank you very much.4 (Applause.)5

Any6 other questions or comments from members7 of the committee?8 (No further questions or9 comments.)10 COUNCIL PRESIDENT VERNA:11 Gentlemen, thank you very much.12 Yes, Councilman Clarke?13

Maybe I14 missed it. Did you address the issue15 with respects to the height?16

We were17 prepared to give you an architectural18 presentation, but I think we'll move on.19 But, Collin, do you want to20 address the height issue?21

Yes. It was22 brought to our attention that -- as we23 developed the plans, it became clear that24 the residents in the various community25 86 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 groups have a fear that we would create2 this monster tower right in their3 backyard.4 And we agreed -- once we5 started looking at the plans ourselves,6 we met with members of the community, and7 we've agreed to limit the height of the8 building so that there will be no --9 no -- none of the buildings that we're10 building will be higher than the height11 above Anderson Hall, which is adjacent.12 We think that's a good measure,13 we think it's a fair compromise, and14 we're delighted to be able to restrict15 the height of the building.16

And, Collin,17 those -- the taller buildings are pushed18 towards the rear away from --19

The original20 design, even when it was 20 stories, was21 to put that flanking Montgomery Avenue22 and to have the shorter building along23 11th Street.24 But we've agreed that the25 87 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 tallest building will be no higher than2 Anderson Hall.3

And our4 commitment to that appears in our Exhibit5 2 that we've handed to the committee.6

And we created the7 exhibit text here that I've articulated8 in e-mail and in this room so that we can9 address the community's fears that we say10 one thing and do another.11 COUNCIL PRESIDENT VERNA:12 Gentlemen, thank you very much. And good13 luck. It looks like a very lovely14 project.15

Thank you.16

We17 wish you success.18 Thank you.19 Our next witness?20

Pam Smith.21 COUNCIL PRESIDENT VERNA:22 Please approach witness table.23 (Witness comes forward.)24

Good afternoon,25 88 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Madam Chair and to this esteemed body. I2 am Pam Pendleton-Smith, trustee of The3 Resolute Alliance In Yorktown, also known4 as TRAY. We are an autonomous,5 unincorporated association of Yorktown6 homeowners.7 If I may, I'd like to ask the8 Yorktown residents that are here to stand9 to see who are -- just to see who's here10 from Yorktown.11 (Yorktown residents stand for12 recognition.)13

25 89 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Bill No. 090412, at face value,2 seems to be a remedy of sorts to the3 problems created by students who are4 housed in single-family homes. 20 When you look holistically at21 the new development plan for the impact22 area of Girard Avenue to Susquehanna23 Avenue, Ninth Street to 16th Street, this24 is what you have: The Edge II, student25 90 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 housing proposed with no parking required2 already granted, and for an increase of3 1,100 students. 21 Fresh Grocer Progress Plaza22 under construction. Increase in retail23 traffic, a decrease of at least 4024 spaces. 22 Quoting the College Prowler's23 take, on -- this is the College24 Prowler (holding up book). 2 And in their section on parking -- this3 particular issue is specific to Temple4 University. 19 On Thursday, June 4, 2009,20 Mr. Collin Jones and Mr. David McCurris21 of the Goldenberg Group, on behalf of22 Brighter Hope LP, met with members of23 TRAY. We had a very amicable meeting,24 and all concerns were shared, including25 94 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 TRAY's opposition to erecting a 20-story2 tower. 7 In the spirit of not throwing8 the proverbial baby out with the bath9 water, TRAY agreed to accept Mr. 19 As a result of that meeting,20 the Wanamaker development project21 received the support of The Resolute22 Alliance in Yorktown, TRAY, on the23 condition that the following proviso is24 officially recorded as an actionable25 95 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 addendum to Bill 090412:2 Remove the parking not required3 from Bill 090412. 19 If these measures in their20 entirety cannot be enforced, then maybe21 the development baby needs to be thrown22 out with the bath water in a mercy23 killing. 12

Thank you13 very much for your well-prepared14 testimony. Are you an attorney?15

No kern.16

You ought17 to consider becoming one 'cause you're as18 good as the guy sitting next to you.19 Do you have something in20 response relative to her testimony?21

Just to mention22 that we heard their concerns and, as I23 mentioned earlier, that we did propose24 the amendment to the ordinance to get rid25 97 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 of the parking issue.2 I think the committee probably3 recognizes that we are caught in a4 fundamental land-use disagreement between5 Planning, who believes, in some respect,6 that we don't need parking for this type7 of use, and if you don't build it, then8 they won't use it.9 But the other part is the10 reality, and the neighbors live with it,11 that they know that there is a parking12 (indiscernible). And I think, you know,13 to (indiscernible) the suggestion by14 Councilman Clarke that we provide15 parking, and the lady here, I think is16 relevant. And that's why, you know, we17 agreed to both reducing the height and18 providing the parking.19

Councilman20 Clarke.21

Thank you.22 Thank you, Mr. Chair.23 Yeah, I just wanted to add to24 that, for the record, that as a result of25 98 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 this and other proposed developments in2 the ongoing situation in and around the3 Temple University area on both sides of4 the street, I've actually talked to5 Deputy Mayor Rina Cutler about convening6 a series of discussions to come up with a7 parking plan and a circulation plan8 because we do have issues with respects9 to events and in and out and the times10 associated with the events in the11 adjoining neighborhoods.12 And we will be shortly starting13 our first series of discussions14 internally and with the adjacent15 communities and Temple University. And16 hopefully by -- my understanding, by the17 end of August, there will be some18 recommendations on a broader -- and I19 don't know if it would be in parking20 overlay to talk about all of the types of21 parking associated with the Temple22 University.23 The good thing is that there is24 a lot of activity in that neighborhood.25 99 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 The downside is, activity sometimes2 creates congestion.3 But I can tell you that on a4 Friday and Saturday night, when there is5 an event at the Liacouras Center or a6 first-run movie coming out at the Pearl7 Theater -- and then shortly, by December,8 I understand the new supermarket will be9 open, and there's going to be a lot of10 activity in that community.11 And it's a good thing, but12 there also are some drawbacks associated13 with that activity, so we want to make14 sure that we get ahead of the curve and15 put in place the necessary regulations to16 make sure that it is not a negative17 experience up in the adjacent community.18 And I concur with Councilman19 Kenney. I've seen you in action before,20 but you're your usual stellar self today.21

Thank you, sir.22

And I just23 want to say to the other community24 leaders who are not speaking today, I25 100 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 want to thank you for your encouragement2 and sometimes give me a little kick in3 the rear-end to make me step to the plate4 to make sure that your interests are met5 in the appropriate way. I want to thank6 you all for your participation and being7 able to work with you, and we look8 forward to working with you in the9 future.10 Thank you.11

Thank you.12

Thank13 you.14 Any other questions or comments15 from members of the committee?16

Madam17 President, just a quick follow-up.18 COUNCIL PRESIDENT VERNA:19 Councilwoman Brown.20

Your21 testimony for me raises a follow-up22 question that I would like to pose to the23 legal counsel.24 For the record, share with us,25 101 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 what are the reporting provisions after2 each phase so that all stakeholders are3 aware that you're about to complete and4 ready to move to the next phase?5

What we've6 committed to, and I'm prepared to say7 again today, is that before we would8 commence a subsequent phase, we would9 show how we would park it, and we10 wouldn't build any more than we can park11 at the ratios that we've discussed.12 We've also, at the request of13 the community and as part of our studies,14 we have commissioned parking studies for15 the entire area that will go as far north16 as (indiscernible), as far south as17 Girard, from 17th to 10th, and it will18 show the parking restrictions, how it's19 currently parked, and whatever parking20 lots and parking garages are available.21 And we will share that,22 obviously, with Councilman Clarke's23 office and any other office that requires24 it.25 102 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

And I think the2 bottom line also is that we would be3 unable to get a certificate of occupancy4 from the Department of Licenses and5 Inspections for each phase unless we show6 the parking that complies with the zoning7 permit we have to pull that's in8 accordance with this ordinance.9

I see.10

So we have to11 justify and look at the number of units12 that would be built and then get13 certified in that CO at that phase, and14 if there is an equivalent number of15 parking spaces (inaudible).16

Okay, that17 drives.18

Correct.19

Okay. So20 the long view end-date is speculated to21 be when?22

I would say that23 we'd --24

Of all25 103 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 three phases.2

I'd say that we'd3 like to get started tomorrow, but we4 realize that we have some permit issues5 to go through in the abatement. And I6 would say that our goal is to be finished7 all three phases by 2015, all things8 considered.9

Thank you.10 Pastor?11

Given the12 economy, we pray that we'll be done.13 (Laughter.)14

Thank you15 all very much. Good luck to you.16

Thank17 you again. Thank you, gentlemen.18 Mr. Erekson, our next witness?19

May I ask that20 the committee consider suspending the21 rules?22

We23 will certainly consider that. Thank you.24 Do we have anyone else to25 104 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 testify on this bill?2 Please approach the witness3 table.4 (Witness comes forward.)5

Good6 afternoon. Please identify yourself for7 the record and proceed with your8 testimony.9

Good afternoon,10 Chairwoman Verna and members of the11 Committee on Rules. I am Priscilla12 Woods, a member of Bright Hope Baptist13 Church, a resident of the Yorktown14 community, and the Executive Director of15 the Yorktown COMMUNITY Development16 Corporation.17 I too -- well, I just want to18 say that I respectfully submit the19 following comments on behalf of the20 Yorktown Community Development21 Corporation on Bill No. 090412, and I22 want to preface my remarks by making it23 clear that the Yorktown Community24 Development Corporation is not25 105 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 withdrawing our previous-stated support2 for the development of the Yorktown3 school site.4 We considered the restoration5 or development of any area of blight in6 the community by community-based sponsors7 and developers a victory for all who are8 committed to the preservation and9 sustainability of our neighborhood.10 I listed in my testimony that I11 will just submit, so that it will be a12 matter of record, similar concerns13 regarding height and the parking issue.14 They've already been stated.15 And, Councilman Clarke, it16 appears as though you've adequately17 represented us in addressing the issues18 and in amending the legislation. It's19 good to hear that the parking issue has20 been addressed adequately and also the21 height restrictions.22 I just want to add that23 Yorktown and Jefferson Manor were24 referenced as communities that are25 106 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 affected. The Ludlow 1 through 52 developments are also impacted -- would3 also be impacted by these -- the4 development, the height of these towers,5 the proposed height of the towers, and6 also the lack of off-street parking.7 I'm just going to read as a8 matter of record that we are requesting9 that your amendment establish a10 restriction on the height so that these11 towers will not be -- exceed 13 stories12 from the ground level.13 I've heard you reference14 Anderson Hall; I'm not quite sure how15 high Anderson Hall is, but we've asked16 that.17 And, also, just as a matter of18 record, the proposed multi-use19 development of the site, which includes20 housing, retail, training and education,21 and other community benefits, I commend22 Reverend Johnson and the team on thinking23 of the community and providing some24 benefits as far as the needs of the25 107 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 community is concerned.2 However, the traffic burden on3 Yorktown and the neighboring communities4 has already been exacerbated by the Fox5 School coming online, the Tyler School of6 Art coming online, and so we're really7 grateful that the considerations of those8 projects and your reality in addressing9 those issues have been addressed.10 And so, therefore, Councilwoman11 Verna Chairman -- Chairperson and12 members, we do ask that you approve this13 bill, with the recommended provisions14 that amend the bill to address the two15 issues that our community is concerned16 about.17

Thank18 you very much.19 Do we have anyone else to20 testify?21 (Witness comes forward.)22 COUNCIL PRESIDENT VERNA:23 Please identify yourself for the record.24

My name is Donna25 108 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Jones. I'm on the Board of Directors of2 the Jefferson Manor Home Owners3 Association, and I'm here to speak on4 behalf of Roberta Faisson, who is our5 president; she's unable to come today6 because she had surgery.7 Jefferson Manor Homeowners8 Association is in support of the passage9 of the bill. We think that it is a good10 thing, that it brings -- it's good for11 the community as far as relieving some of12 the housing pressures within both13 Yorktown, Jefferson Manor, and other14 surrounding communities where students15 are now living in houses. It will16 relieve some of that pressure.17 It is also would benefit Temple18 because it's helping them to provide19 student housing where they had not had20 sufficient student housing before.21 And, thirdly, it benefits22 Bright Hope Baptist Church. It brings --23 because they will not only be able to24 move forward with the entire plan with25 109 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 not just student housing, but it also is2 a economic bonus for them also since they3 will benefit from the rental of the4 properties.5 So Jefferson Manor Homeowners6 Association is in support of the passage7 of this bill, with the amendments.8 One thing that I did want to9 bring up, since Ms. Smith had brought up10 the issue of parking in the areas and how11 we have certain streets that have no12 parking allowed that -- especially in13 Jefferson Manor, the 1500 block of North14 11th Street, on the west side, the 100015 block of Jefferson Street on the north16 side, where there's no parking permitted,17 that those no-parking signs be removed so18 that residents would be able to park.19 At one time, there was a bus20 that ran down Jefferson Street, so that's21 the reason why you could only park on one22 side of the street, but there's no bus on23 Jefferson Street any longer. And there's24 no trolley that runs up 11th Street, so25 110 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 there's no reason not to allow parking in2 the 1500 block of North 11th Street on3 the west side of the street, 'cause now,4 you have a city bus. They can negotiate5 and the street is wide enough to6 accommodate parking on both sides of the7 street, 'cause on Sundays, the church8 members are able to park on the street9 without being ticketed.10

Thank11 you very much.12 Any comments or questions from13 members of the committee?14 (No questions or comments.)15 (Witness comes forward.)16

Good17 afternoon. Kindly identify yourself for18 the record.19

Good afternoon. I20 apologize. I didn't sign in because I21 was out doing Yorktown business, and I22 got here kind of late.23 COUNCIL PRESIDENT VERNA:24 That's fine.25 111 6/10/09 - RULES - BILLS 090072, 191, 412, 4131

20 Now, we've heard about the21 Goldenberg Group and some of the things22 they've done. They have met with us,23 come to the table, and they have sat down24 with us. 3 All of your major generals,4 none of 'em come to the table. 8 Let's talk about a general9 contractor that could help us all. He is10 worth megamillions. Let's talk about11 Keating. He could joint-venture with12 African-American generals, bring them to13 the table, sit 'em down and negotiate14 with em. 20 There's many African-American men21 standing on the corners that would love22 to work. I'm out in the street. I'm23 involved with many organizations -- Men24 United for a Better Philadelphia and25 113 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Councilman Clarke and Jones. 10 We can joint-venture. There's11 things -- ways that you can do it where12 you can joint-venture upfront and get13 your money on the back end. 22 So I talked with the Pastor23 about it and the gentleman that's heading24 the Goldenberg Group assured me that they25 114 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 would -- but we need results, we need2 action. We don't need no more lip3 service, we don't need no more phony4 percentages. We need them to get the job5 done. 15 So I want to throw that out16 there. In your negotiating, please17 include that in also. What are you going18 to do for the African-American19 contractors to subcontractors and the20 general? For then, we can go into the21 community and we can hire. 4 We have enough laborers. 14

Thank15 you very much.16 Do we have anyone else to17 testify?18 (No response.)19 COUNCIL PRESIDENT VERNA:20 Seeing no one, I would ask Mr. Erekson to21 kindly read the title of Bill No. 090413.22

Bill No. 090413,23 an ordinance amending Title 14 of the24 Philadelphia Code, entitled "Zoning and25 116 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Planning," by amending Chapter 14-1600,2 entitled "Miscellaneous," by adding a new3 Section, entitled "North Central Front4 Street Special District Controls," all5 under certain terms and conditions.6 COUNCIL PRESIDENT VERNA:7 Mr. Kramer.8

Good afternoon,9 council President Verna and members of10 the Rules Committee. I'm William Kramer,11 Division Director of the Development12 Planning Division of the Philadelphia13 City Planning Commission. I'm here today14 to testify on Bill No. 090413, which was15 introduced by Councilmember Clarke on May16 14th of this year.17 This bill adds a new Section to18 the Philadelphia Zoning Code, entitled19 "North Central Front Street Special20 District Controls." The provisions of21 this section of the Code will apply to22 properties with frontage on both sides23 Front Street between Girard Avenue and24 Oxford Street.25 117 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 This bill place a height limit2 of 55 feet, or four stories, for any3 building. No setbacks will be permitted,4 unless required by the underlying zoning5 designation.6 The bill will also establish a7 number of prohibited uses, including8 theaters and auditoriums, auto-related9 uses, outdoor sales or storage, and10 vending machines, takeout restaurants,11 retail sale of beer, dispensing windows12 on a public street, and accessory13 speakers or audio devices reaching any14 public space.15 The Philadelphia City Planning16 Commission, at its meeting of June 9,17 2009, considered Bill No. 090413 and18 recommended that the bill be approved.19 That concludes my testimony.20 I'll be happy to answer any questions you21 may have.22

Thank23 you very much.24 Are there any questions from25 118 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 members of the committee?2 (No questions or comments.)3 COUNCIL PRESIDENT VERNA:4 Seeing none, do we have anyone else to5 testify on this bill?6 (No response.)7

This8 will conclude our public hearing and we9 will now go into -- yes, Councilman?10

Mr. Kramer,11 was there an amendment to this bill?12

Yes.13 It was just distributed.14

Okay, I'm15 sorry. All right.16

We17 will now go into our public meeting.18 Bill No. 090117 is being held.19 The Chair recognizes Councilman20 Kenney for a motion on Bill No. 090072.21

Thank you,22 Madam Chair.23 I move that Bill No. 090072 be24 amended based on the amendment that was25 119 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 circulated prior.2 (Motion duly seconded.)3

It4 has been moved and seconded that the5 amendment, as submitted by Mr. Kramer, be6 adopted.7 All those in favor will say8 aye.9 Those opposed?10 The ayes have it, and the11 motion carries.12 And, again, the Chair13 recognizes Councilman Kenney.14

Thank you,15 Madam President I move that Bill No.16 090072, as amended, be reported out of17 this committee with a favorable18 recommendation and a request made for a19 rules suspension to allow for first20 reading at our next Council session.21 (Motion duly seconded.)22

It23 has been moved and seconded that Bill No.24 090072 be reported out of committee, as25 120 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 amended, with a favorable recommendation2 and, further, that the rules of Council3 be suspended so as to permit first4 reading at our next session of Council.5 All in favor will say aye.6 Those opposed?7 The ayes have it, and the8 motion carries.9 The Chair recognizes Councilman10 Kenney.11

Thank you,12 Madam President.13 I move that Bill No. 090191 be14 reported out of this committee favorably15 and a request for a rules suspension to16 allow for first reading at our next17 Council session.18 (Motion duly seconded.)19

It20 has been moved and seconded that Bill No.21 090191 be reported out of committee with22 a favorable recommendation and, further,23 that the rules of Council be suspended so24 as to permit first reading at our next25 121 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 session of Council.2 All in favor will say aye.3 Those opposed?4 The ayes have it, and the5 motion carries.6 Councilman Kenney.7

Thank you,8 Madam President.9 I move that Bill No. 090412 be10 amended accordingly, with the amendments11 previously submitted.12 (Motion duly seconded.)13

It14 has been moved and seconded that the15 amendments Bill No. 090412 be adopted.16 All those in favor will say17 aye.18 Those opposed?19 The motion carries.20 Councilman Kenney.21

Thank you,22 Madam President.23 I moved that Bill No. 090412,24 as amended, be reported out of this25 122 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 committee with a favorable recommendation2 and a request made for a rules suspension3 to allow for first reading at our next4 Council session.5 (Motion duly seconded.)6

It7 has been moved and seconded that Bill No.8 090412 be reported out of committee with9 a favorable recommendation, as amended,10 and, further, that the rules of Council11 be suspended so as to permit first12 reading at our next session of Council.13 All those in favor will say14 aye.15 Those opposed?16 The ayes have it, and the17 motion carries.18

Thank you,19 Madam President.20 I move that Bill No. 090143 be21 hands according to the amendments22 circulated previously in this hearing.23 (Motion duly seconded.)24

It25 123 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 has been moved and seconded that the2 amendment be adopted all in favor will3 say aye.4 Those opposed?5 The ayes have it the motion6 carries.7 The Chair recognizes Councilman8 Kenney.9

Thank you,10 Madam President.11 I move that Bill No. 090413, as12 amended, be reported out of this13 committee favorably and a request made14 for a rules suspension to allow for first15 reading at our next Council session.16 (Motion duly seconded.)17

It18 has been moved and seconded that Bill No.19 090143 be reported out of committee with20 a favorable recommendation, as amended,21 and, further, that the rules of Council22 be suspended so as to permit first23 reading at our next session of Council.24 All in favor will say aye.25 124 6/10/09 - RULES - BILLS 090072, 191, 412, 4131 Those opposed?2 The ayes have it, and the3 motion carries.4 Thank you all very much.5 And we will be starting the6 Committee of the Whole very, very7 shortly.8 (Proceedings end at 2:56 a.m.)9 * * *10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 125 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee of the Whole are contained6 fully and accurately in the stenographic notes7 taken by me on Wednesday, June 10, 2009, and8 that this is a true and correct statement of9 same.10 11 12 13 __________________________________14 JOSEPHINE CARDILLO15 Registered Professional Reporter 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25