COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, April 12, 2000 10:15 a.m. - - - BILL 000014 - Amending Title of Philadelphia Code relating to zoning and planning by amending 8 Chapter 14-1600, entitled "Miscellaneous," by adding a new subsection 14-1619, entitled 9 "Frankford Avenue Special District Controls," under certain terms and conditions. 10 BILL 000027 - Amending Title 14 of Philadelphia Code relating to zoning and planning by amending 11 Chapter 14-1600, entitled "Miscellaneous," by adding a new section, 14-1607, entitled "Special 12 Controls for Walnut Street," under certain terms and conditions. 13 BILL 000062 - Amending Philadelphia Zoning Maps by changing the zoning designations of certain areas 14 of land located within an area bounded by Carpenter Lane, Green Street, Westview Avenue, and Sherman Road. BILL 000110 - amending Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Frankford Avenue, the Poquessing Creek, Woodhaven Road, Knights Road, Academy Road, Byberry Road, Waldemire Drive, Red Lion Road, and Knights Road. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILMAN JAMES F. KENNEY, Vice Chair COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK DICICCO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 4/12/00 - RULES COMMITTEE I N D E X BILL NO. 000014 Richard Lombardo, Chief of Project Planning Planning Commission BILL NO. 000027 Richard Lombardo, Chief of Project Planning Planning Commission 8 Kate Skubecz, Board of Directors. . . . . . . 13 Rittenhouse Row BILL NO. 000062 Richard Lombardo, Chief of Project Planning 14 Planning Commission Tom Chapman, City Planning Commission . . . . 16 Ralph Pincus, Democratic Commiteeperson . . . 17 BILL NO. 000110 Richard Lombardo, Chief of Project Planning 18 Planning Commission 3 4/12/00 - RULES - BILL 000014 P R O C E E D I N G S
Good morning, everyone. This is the public hearing of the Committee of Rules. The first bill to be considered is Bill No. 14. I would ask the clerk to please read the title of the bill.
An ordinance amending Title of the Philadelphia Code relating to zoning and 10 planning by amending Chapter 14-1600, entitled 11 "Miscellaneous," by adding a new subsection 12 14-1619, entitled "Frankford Avenue Special 13 District Controls," under certain terms and 14 conditions. (Witnesses come forward.)
Good morning, Madam Chair and members of the committee. My name is Richard Lombardo, Chief of Project Planning, at the Planning Commission, here today to talk on behalf of Bill 14. This bill was drafted by the Planning Commission staff at the request of Councilmember Krajewski. It involves an area of Frankford Avenue, between Harbison Avenue and Solly Avenue, 4 4/12/00 - RULES - BILL 000014 it establishes, as the clerk said in the short title, it establishes another zoning overlay for the commercial area, for this commercial area. This area is highlighted by basically commercial properties that front on Frankford Avenue, go up to the gabled ends of residential properties. If you can see on that map, it's the area in red, the outlined areas, the Frankford Avenue as far as you could see. All the commercial areas not very deep. With the exception of a few blocks, the commercial properties are only 80 to 100, 120 feet in depth, and in almost every case, they're abutted by single-family residential properties. What this bill does is set the stage for future controls on the commercial uses. The problem has to do with conflicts between the residential properties that abut and the side residential streets, with issues like traffic and trash and noise and things like that that have become problematic for the areas. This bill is the result of a request from the abutting residential areas for some kind of additional controls put on the commercial 5 4/12/00 - RULES - BILL 000014 activity on Frankford Avenue. The -- but right now, it only includes one prohibited use, one use that would be prohibited, and that is employment agencies, and apparently, that has to do with a particular problem the Councilwoman has had in their district with one use on Frankford Avenue, so if you'd like to -- that would not put this use out of business. This use would continue would but it would not allow any future employment agency to go on this stretch of Frankford Avenue. As you know, we can't take away the use that's already there. It would also establish landscaping, setback parking, screening of parking requirements. For the record the Planning Commission, at its meeting of April 8, 2000, represented adoption of Bill No. 14.
Thank you. And you indicated that there is community support?
There is community support. This grew out of community requests to the Councilwoman, who then -- the Councilmember, who then requested us to draft the ordinance for 6 4/12/00 - RULES - BILL 000014 her.
Thank you. Are there any questions from members of the committee? The Chair recognizes Councilman O'Neill.
Mr. Lombardo, do you think this type of regulation or overlay control district could apply to other similar commercial strips?
Oh, absolutely. In recent years, this has sort of begun to replace -- the zoning and remapping are being an adjunct to the zoning and remapping, and enables us to further fine-tune the commercial areas. And as a matter of fact, right now, we're working with several Councilmatic districts to establish additional overlays. We're working with Councilman Nutter on Manayunk, additional controls on Manayunk, and we're working with Councilman Clarke on North Broad Street.
I have mostly shopping centers in my district 'cause it's newer, but I have other areas like Rising Sun Avenue down 7 4/12/00 - RULES - BILL 000014 in Fox Chase and below in Lawncrest that might meet this, and also Cottman Avenue South, which also has Councilman Mariano. It might be worth looking into.
If you're using it even with your shopping centers, it's basically just establishing another layer of additional control on top of the underlying zonings. So, in fact, if you wanted to have additional screening or noise buffers or something even behind, you know, existing shopping centers --
Thank you. Are there any others questions from members of the committee? (No further questions.)
Do we have anyone else to testify on Bill 14? (No response.)
Seeing none, the clerk, the next bill to be called for consideration is Bill No. 27. The clerk will 8 4/12/00 - RULES - BILL 000027 please read the title of the bill.
An ordinance amending Title of the Philadelphia Code relating to zoning and 5 planning by amending Chapter 14-1600, entitled 6 "Miscellaneous," by adding a new section, 7 14-1607, entitled "Special Controls for Walnut 8 Street," under certain terms and conditions. 9
Good morning, Madam 10 Chair and members of the committee. My name is 11 Richard Lombardo, from the Planning Commission, 12 here today to speak on Bill No. 27. 13 This bill is another zoning overlay. 14 Actually, it's an amendment to one of the -- the first zoning overlay, the Center City commercial area, which encompasses Broad Street, Walnut Street, and Chestnut Street -- Walnut Street and Chestnut Street between the two rivers and Broad Street South of City Hall. This particular amendment deals with adding additional restrictions on Walnut Street between Broad Street and 20th Street, an area that's become to be known as "Rittenhouse Row." We worked last year with Councilman Clarke's office and with the representatives of the -- the 9 4/12/00 - RULES - BILL 000027 tenants and owners of businesses in this area of Rittenhouse Row. What this refinement overlay does is, it adds a list of additional retail and service uses that would no longer be allowed on the ground floor of businesses fronting on Walnut Street between 20th and Broad Street. That list is dry-cleaning establishments, financial institutions, manicure and nail salons, retail sale of drugs, retail sale of general merchandise, grocery stores, major appliance stores, optical goods that exceed 2500 square feet, recorded music in excess of 2500 square feet, retail and variety stores, shoe repair, tanning salons or spas, tatoo or body-piercing establishments, fortune tellers. What this is about is trying to establish this area -- or further its development as a sort of a high-quality shops/clothing/ jewelry, the type of shops that have been coming in in recent years along the stretch of Walnut Street. This does not preclude the list of uses from Center City; it would just be the Walnut Street frontage that could locate right around the corner on the numbered streets. They can continue 10 4/12/00 - RULES - BILL 000027 to locate on Chestnut Street, and there's lots of other commercial properties. We're just trying to designate this area of Walnut for limited use. The restriction on size is to discourage assemblage or breaking through of stores in the larger stores. They would like to try to keep this a series of -- what's very unique about this area is the store character of smaller shop front stores, a 16-, 18-, 20-foot-wide store fronts, lot of historic buildings. It's to reinforce that character of the street. As I said, we worked with the Rittenhouse Row people and Councilman Clarke's office to develop these controls. And at its meeting of April 8, 2000, the Planning Commission recommended adoption of this bill.
I believe your letter also indicates that the Planning Commission review is required for any facade alterations and Planning Commission review, and the Art Commission approval is also required?
That's right. That is currently the condition in all of the Center City commercial area, and that would continue to be the 11 4/12/00 - RULES - BILL 000027 condition on Walnut Street.
Thank you. Are there any questions from members of the committee? The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. Item b., Financial Institution. I'm assuming that the objective here is to prevent the check-cashing-type of businesses from operating. Would that also -- would not financial institutions fall through, the banks? I mean --
No. I would say, since we did work with this group, they feel they have enough banks, enough bank machines. In this stretch of it, they didn't want to see -- again, banks tend to take several properties, are bigger operations than a single store front. They close at 5 o'clock. This is also geared -- you know, it's geared towards having a commercial -- a portion of the commercial area that's a, you know, a -- goes into the evening, you know, like restaurants -- 12 4/12/00 - RULES - BILL 000027
In the area of banks, if you have a corner property and the entrance into the property is on one of the numbered streets and a significant portion of the property fronts Walnut Street, that wouldn't be -- would that be prohibited as a business?
No, no. This does not -- well, if it fronts on Walnut Street, it would need to go to the Zoning Board, that's right. It would prohibit a bank if you adopted this. But if you're familiar with the block, I think that -- that they just recently had another bank come in, Commerce Bank just across from Rittenhouse Square. They have a number of banks along there. First Union, I know, is on that stretch. I think that just the concern was they have enough banks and enough bank machines.
Thank you. Are there any other questions from members of the committee. (No further questions.)
Do we have anyone else to testify on this bill? 13 4/12/00 - RULES - BILL 000027 (Unidentified person responds.)
Would you please approach the table. (Witness come forward.)
Good morning. Kindly identify yourself for the record and proceed with your testimony.
Good morning. My name is Kate Skubecz. I'm here today to represent the Board of Directors of Rittenhouse Row and its 250 members. Rittenhouse Row is 100 percent support of this zoning overlay, which we have developed through the expertise of City Councilman's Darrell Clarke's office. The overlay would ensure that Walnut Street, from Broad to 19th, continues to be developed as a high-quality mix of retail and restaurants. Thank you.
Thank you very much. Are there any questions from members of the committee? (No questions.) 14 /00 - RULES - BILL 000062
Seeing none, is there anyone else to testify on this bill? (No response.)
Thank you. The next bill to be considered is Bill 7 No. 62.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Carpenter Lane, Green Street, Westview Avenue, and Sherman Road.
Good morning, Madam Chair and members of the committee. My name is Richard Lombardo and I'm here to testify on behalf of Bill No. 62. This has become a division embarrassment. This whole bill was -- it became necessary. It was -- an initial mistake was done when we did a community remapping. We subsequently introduced a bill to correct that mistake. That bill had a mistake in it, and we're back again today to correct the second mistake, to find, lo and behold, the bill, as introduced, has a mistake and needs to be amended. It all has to 15 /00 - RULES - BILL 000062 do with the dimension and the scale of the dimension of the commercial property at the corner of Carpenter Lane and Green Street. I will be handing up an amended map. The bottom line is, the commercial properties should measure, coming down Green Lane, 91 feet by 85 feet. That's the correct measurement. It wasn't correct in the initial bill. When we correct it, it -- without going into detail of the list of errors, but this bill 12 will assure you, if enacted, will correct the error we made years ago. And basically the error we made years ago resulted in commercial properties being zoned residential and then creating a zoning problem for the owner of those properties. This bill was prepared to try to correct those errors and it has the support of the District Councilperson. There is the owner -- there is a representative from the community here if you have any questions and comments. So what we urge is, as at our meeting of April 6, 2000, the approval of Bill No. 62 with the amendment -- as amended and we will make the 16 /00 - RULES - BILL 000062 amendment available to the Clerk's Office. What we're (unintelligible) is a new Map B as the amendment. There will be a new proposed zoning.
Madam Chair, if I could address the committee. Tom Chapman, from the City Planning Committee.
We do have copies of the amended map and also the amendment to the bill 14 itself. We're proposing that Section 2 be amended because in the bill that you see before you, Section 2 would require the applicant to pay a $200 fee for the rezoning request, and since the time that the bill was introduced, we've discovered that it was our mistake, so we just didn't think that it was fair to charge the requesting party the $200. Additionally Mr. Pincus, Mr. Ralph Pincus, who represents the property owner, has just given me some photographs of the property 17 /00 - RULES - BILL 000062 showing that the property definitely does have a commercial character.
And, as usual, we will see to it that the Clerk's Office receives copies of the amendments.
Thank you. Okay, does anyone have any questions? Do any of the Councilmembers have questions on this bill? (No questions.)
Mr. Pincus, do you care to testify? Mr. Pincus comes forward.)
Good morning, Madam President. I'm Ralph Pincus, and I live a block away. I'm a Democratic committeeperson for that area, and I've spoken with the neighbors, and no 20 one there objects. And they were surprised to realize that the property, in fact, had been zoned residential all these years, but I did knock on the doors and talked with the neighbors on Carpenter Lane, and they're supportive of this.
Thank you. 18 4/12/00 - RULES - BILL 000110 Any questions from members of the committee? (No questions.)
Thank you, Mr. Pincus. Do we have anyone else to testify on this bill? (No response.)
Seeing none, the clerk will please read the title of Bill No. 12 110.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Frankford Avenue, the Poquessing Creek, Woodhaven Road, Knights Road, Academy Road, Byberry Road, Waldemire Drive, Red Lion Road, and Knights Road.
Good morning, Madam Chair and members of the committee. My name is Richard Lombardo, from the Planning Commission, here to speak on behalf of Bill 110. This is another of what we all have come to know as a zoning remapping bill. These 19 4/12/00 - RULES - BILL 000110 are bills that are prepared in conjunction with the District Councilperson's office, usually at the request of the community. In this case, we worked with Councilman O'Neill. This area involves 820 acres of his -- the 10th Councilmatic District that's generally bounded by Poquessing Creek, Woodhaven Road, Knights Road, Academy Road, Byberry Road Waldemire Drive, Red Lion Road, and back to Knights Road. This area is, as you can see by the colors of the map, is predominantly a residential area, with some multifamily uses along, uh -- I'm sorry, along Woodhaven Road and commercial on Knights Road and Woodhaven Road. The principal land uses to the north would be Franklin Mills, and that big notch is the Franklin Mills shopping center and the Frankford Hospital Torresdale Division at the southern end. Principally what was happening in this rezoning is, a number of years ago -- actually about two years ago, we created a new zoning classification, R-1A district, which is a single-family detached district. The only use allowed is single-family detached. It doesn't 20 4/12/00 - RULES - BILL 000110 allow the list of other residential-related uses like libraries, doctors' offices, law offices, architecture, the other sort of residential- related uses that the Zoning Code allows in some residential district. At the time we created that district, we testified that we would later have to come back and begin mapping it in areas of the City. The district reflects a character of houses that's pretty common throughout the City, which is basically a detached home on about a 6,000 square foot lot. What this bill basically does is rezone large portion of this area from R-2 residential and R-4 residential to R-1A residential, this new zoning classification. The other principal change is that where there are recreational lands that are not zoned recreational, it rezones them to recreational. This zone was introduced by the Councilman on February 24, 2000, with the support of the area residents. The Planning Commission, at its meeting on April 5, 2000, recommended adoption of Bill No. 110. 21 4/12/00 - RULES - BILL 000110 If anybody has any questions, I'd be grad to answer them.
Thank you. Are there any questions from members of the committee? Any comments? (No questions or comments.)
Do we have anyone else to testify on this bill? (No response.)
Seeing none, this will conclude the public hearing of the Committee on Rules. And I would like the record to note the presence of the Councilmembers who are present for the committee hearing: Councilman Kenney, Councilman O'Neill, Councilman Clarke, Councilman DiCicco, Councilman Cohen, Councilman Longstreth, and Councilman Nutter. This will conclude the public hearing. - - -
We will now go into our public meeting. The Chair recognizes Councilman DiCicco regarding Bill 14. 22 4/12/00 - RULES - PUBLIC MEETING
Thank you, Madam Chair. I move that Bill No. 000014 be reported out of is this committee with a favorable recommendation. (Duly seconded.)
It has been moved and properly seconded that Bill No. 14 be reported out of committee with a favorable recommendation. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Clarke regarding Bill No. 27.
Thank you, Madam Chair. I move that Bill No. 000027 be moved out of committee with a favorable recommendation and a suspension of the rules. (Duly seconded.)
Do you want a suspension of the rules? Do you want one?
Okay. It has been moved and properly seconded that Bill No. 27 be reported out of committee with a favorable recommendation. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Nutter regarding Bill No. 62.
Madam Chair, I move that Bill No. 62 be reported out of committee.
Okay. Madam Chair, I move the adoption of the amendment to Bill No. 25 62, which was read into the record previously. 24 4/12/00 - RULES - PUBLIC MEETING (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the amendment is adopted. The Chair recognizes Councilman Nutter.
Madam Chair, I move that Bill No. 62, as amended, be reported out of this committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Bill No. 62 be reported out of committee with a favorable recommendation, as amended. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman O'Neill regarding Bill No. 110. 25 4/12/00 - RULES - PUBLIC MEETING
Madam Chair, I move that Bill No. 110 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to allow for first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill 110 be moved out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Clarke for a suspension. Is that what you wanted?
I would like Bill 26 4/12/00 - RULES - PUBLIC MEETING 000027 to be reported out with a suspension of the rules that it should be read in the first reading. (Duly seconded.)
It has been moved and seconded that Bill No. No. 27 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. This concludes the public meeting of the Rules Committees. Thank you all very much. (Adjourned at 10:50 a.m.) - - - 27 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, April 12, 2000, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON RULES BILL NO.'S 000014, 000027, 000062, 000010 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter