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Minutes

Committee Hearing, May 12, 2008

Philadelphia City Council Committee HearingsMay 12, 2008

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, May 12, 2008, 9:55 a.m. - - - BILL 080362 - Approving the fourth amendment of the Redevelopment Proposal for the American Street Industrial Corridor Urban Renewal Area. BILL 080377 - Amending the Institutional Development District Master Plan of LaSalle University by allowing for the expansion of Holroy Hall. BILL 080401 - Amending Philadelphia Zoning Maps by changing zone designations of certain areas of land located within area bounded by Grays Ferry Avenue, 30th Street, Titan Street, and 31st Street COUNCILMEMBERS PRESENT: Anna C. Verna, Chair James F. Kenney, Vice Chair Darrell L. Clarke Frank DiCicco W. Wilson Goode, Jr. William K. Greenlee Jack Kelly Donna Reed Miller - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 5/12/08 RULES I N D E X WITNESS Bill 080377 William Kramer, City Planning Commission E. Turzanski, LaSalle University Counsel Bill 080401 William Kramer, City Planning Commission B. Koladner, Ferry Development Counsel Bill 080362 Michael Koonce, RDA...................... Richard Redding, City Planning........... * * * 3 5/12/08 RULES - BILL 080377

Council President Verna

We're waiting for just one member to come in so that we have a quorum to get started. Thank you. * * *

Council President Verna

Good morning, everyone. This is the public hearing of the Committee on Rules. I would ask Miss Murray to please read the title of Bill No. 13 080377.

Ms. Murray

Bill No. 080377, an ordinance to amend the Institutional Development District Master Plan of LaSalle University by allowing for the expansion of Holroy Hall. (Witness comes forward.)

Council President Verna

Thank you. Good morning.

Mr. Kramer

Good morning, Chairman Verna and members of the Rules Committee. I am William Kramer, 4 5/12/08 RULES - BILL 080377 Division Director of Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080377, which was introduced in the City Council April 10, 2008. This bill will permit the amendment of the Institutional Development District Master Plan for LaSalle University, which consists of approximately 20.1 acres located in the area of 20th Street and Olney Avenue. The purpose of this action is to permit a 30,000 square foot expansion of the existing Holroy Hall in order to accommodate state-of-the- art facilities for use as science labs, classrooms, lecture rooms. Faculty offices, and a community lounge area. Holroy Hall will be completely renovated for use by undergraduates in science, technology, academic, and research programs. 5 5/12/08 RULES - BILL 080377 In addition to the Holroy Hall expansion, the 9,000 square foot Bellite Hall, which is currently used for office space and seminar rooms, will be demolished. The Philadelphia City Planning Commission, at its meeting of February 19, 2008, voted to approve the proposed Institutional Development District Master Plan amendments. This is the conclusion of my testimony. I would be happy to answer any questions of the committee.

Council President Verna

Thank you very much. Is it expected that the expansion will have any noticeable effect on local traffic?

Mr. Kramer

It is not expected that that will happen, no. 22

Council President Verna

Can you tell us when construction is anticipated and how long it will take?

Mr. Kramer

I am not certain 6 5/12/08 RULES - BILL 080377 of the university's building expectations, but there are representatives of the university that may be able to answer that question for you.

Council President Verna

Yeah, I think we ought to have that for the record. (Witness comes forward.)

Council President Verna

Is this expansion also being done to -- in the anticipation of increased enrollment?

Mr. Turzanski

Good morning Madam President. My name is Edward Turzanski. I'm counsel to the President of LaSalle University. The schedule of construction calls for completion by August of 2009. And, yes, we do anticipate an increase in enrollment as a result of the facility being built.

Council President Verna

Wonderful. 7 5/12/08 RULES - BILL 080401 Any questions from members of the committee? (No questions or comments.)

Council President Verna

Thank you very much.

Mr. Turzanski

Thank you, Madam President. Thank you, committee members.

Council President Verna

Thank you. Miss Murray, would you please read the title of Bill No. 080401.

Ms. Murray

Bill No. 080401, an ordinance to amend the Philadelphia Zoning Maps by changing the zone designations of certain areas of land located within an area bounded by Grays Ferry Avenue, 30th Street, Titan Street, and 31st Street.

Council President Verna

Mr. Kramer?

Mr. Kramer

Good morning, Chairman Verna and members of the rules of Council. I am William Kramer, 8 5/12/08 RULES - BILL 080401 Division Director of the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 080401, which was introduced into City Council April 17, 2008. This bill will amend the Philadelphia Zoning Maps by changing the zoning of the parcel bounded by Grays Ferry Avenue, 30th Street, Titan Street, and 31st Street. The zoning will change the existing designations of L-3 limited industrial and rec (recreational) to a new zoning designation of C-2 commercial. The proposed change will permit the construction of a retail pharmacy. The Philadelphia City Planning Commission will consider Bill No. 21 080401 at its meeting of May 20, 2008, and our recommendation will be delivered in writing shortly thereafter. That is the conclusion of my 9 5/12/08 RULES - BILL 080401 testimony. I would will happy to answer any questions of the committee at this time.

Council President Verna

I'm sorry, I was distracted. Can you tell me again when the City Planning will be meeting on this?

Mr. Kramer

May 20th.

Council President Verna

May 20th. What is the allowable uses under C-2 zoning designation?

Mr. Kramer

Most retail commercial is a permitted use. There are certain aspects of it that are requiring certificates, such as takeout restaurants would require a certificate from the Zoning Board, but restaurants, most retail sales, antiques, books, et cetera, that kind of thing is basically what's permitted under C-2. And you are permitted a residential use above it. You can have --

Council President Verna

I'm 10 5/12/08 RULES - BILL 080401 sorry. Residential use?

Mr. Kramer

You can have a mixed use in the sense that you can have a first-floor store and a second- floor apartment if that's what you so desire.

Council President Verna

What additional uses are permitted under a C-3 designation?

Mr. Kramer

Under C-3 designation, most of the requirements for -- qualifications, use qualifications under C-2 would be removed, such as limits on the size of a self-service Laundromat or a dry clearance. Additionally, you can have the use at wholesale as opposed to just retail commercial. In addition, there is no FAR specifically indicated under C-2, while C-3 would allow you an FAR, or floor area ratio, of 450 percent of the area of the lot. So you can build a lot more under C-3 than you can 11 5/12/08 RULES - BILL 080401 under C-2.

Council President Verna

Do you think there would be any objections that might arise if C-2 zoning were applied to this parcel of ground?

Mr. Kramer

It is possible. It is a lot of -- it depends on the site, and I really haven't talked to the neighborhood to tell you whether they would have an objection. A lot of times, it would depend upon the plan of development for the site.

Council President Verna

Miss Murray, I believe in our possession, we do have a letter from the community.

Ms. Murray

Yes, Madam President.

Council President Verna

Are they in favor or are they in opposition?

Ms. Murray

They are in favor to a C-3 zoning.

Council President Verna

Okay. Any questions? 12 5/12/08 RULES - BILL 080401 (No questions or comments.) (Witness comes forward.)

Council President Verna

Good morning, sir. Please identify yourself for the record.

Mr. Koladner

Good morning Madam President and members of the committee. My name is Bernard Koladner (sp?). I represent the owner of the property of the property that Mr. Kramer described; that's Ferry Development. We would propose for your consideration an amendment of the zoning map designation from C-2 to C-3, and the explanation for that is that we have been in touch -- or my client has been in touch with the community. And I learned last week that the community has undergone an extensive planning process through the University of Pennsylvania Planning Department. It was -- the plan was 13 5/12/08 RULES - BILL 080401 completed in 2005. And that calls for Grays Ferry Avenue to become a -- a much more active, vibrant commercial area while, the thought is, to protect the single-family homes behind -- in the Finnegan's Square area, to protect the single-family-home neighborhood. And my client believes -- and has worked with the community -- that the C-3 zoning would allow the development in the best way, which would include housing above the stores, perhaps more than one level of housing. But for the immediate future, they're planning only on the commercial development of that property. There is a Rite Aid lease signed, there's another parcel that he's expecting to put another commercial use in. But ultimately as Finnegan's Square takes off, this could become a buffer between the heavy-duty commercial and the more 14 5/12/08 RULES - BILL 080401 quiet single-family homes behind. That's our proposal, and I'm happy to answer any questions.

Council President Verna

Thank you very much. In your opinion, can the site be developed economically with a designation of C-2? And if not, why not?

Mr. Koladner

I believe it could be. We believe that it will allow a development more in accordance with the way I'm reading the Penn Praxis plan, and this is a long-term plan. So could it be done today with C-2? I think so. My client has said that he thinks he could make it work but he thinks it is a much better development. And the community is very much in favor of the development as a C-3 for the long-term growth of the community, which is supposed to be the starting point for the growth of 15 5/12/08 RULES - BILL 080401 the entire Grays Ferry area, not just Finnegan's Square.

Council President Verna

What is -- for the record, can you tell us what is currently located at this site?

Mr. Koladner

There is a warehouse-type building where there was a small produce vendor on the part between Oakford and Grays Ferry. The part from Oakford back to Titan was entirely vacant. It has been used as a storage site for a contractor storing steel for another project in the City. Actually, the City entered into that lease with them, and they actually approached my client to lease it again for another short period of time to do the same thing until development starts on the Rite Aid parcel. But it's otherwise vacant.

Council President Verna

Thank you. And I know that the community 16 5/12/08 RULES - Bill 080362 feels that this will certainly be a benefit to their area.

Mr. Koladner

They do strongly.

Council President Verna

Thank you. Any questions or comments from members of the committee? (No questions or comments.)

Council President Verna

Thank you very much.

Mr. Koladner

Thank you, Madam President and members of the committee.

Council President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Miss Murray to please read the title of Bill No. 22 080362.

Ms. Murray

Bill No. 080362, an ordinance approving the fourth amendment of the Redevelopment Proposal 17 5/12/08 RULES - Bill 080362 for the American Street Industrial Corridor Urban Renewal Area, being the area generally bounded by Lehigh Avenue, Berks Street and Montgomery Avenue on the north, by Second Street and Philip Street on the east, by Girard Avenue, Oxford Street and Jefferson Street on the south, and by Germantown Avenue, Sixth Street and Fourth Street on the west, including the fourth amendment to the Urban Renewal Plan and the second amendment to the Relocation Plan, which provides, inter alia, for the additional land acquisition of approximately ten (10) properties for industrial and related uses, the provision of certain relocation services, as required by law, and declaring that condemnation is not imminent with respect to the project. (Witness comes forward.)

Council President Verna

Good morning, gentlemen. Please identify 18 5/12/08 RULES - Bill 080362 yourself for the record and proceed with your testimony.

Mr. Koonce

Good morning, Madam Chairperson and members of the committee. I'm Michael Koonce, and I'm here to speak in support of Bill No. 8 080362, which is the fourth amendment to the Redevelopment Proposal and Urban Renewal Area Plan for the American Street Industrial Corridor Urban Renewal Area. The proposal and the plan provide for the acquisition of a total of ten properties. The total of ten vacant lots are to be acquired on behalf of 1700 North American Street, LLC. This acquisition will complete the site assemblage for 1700 North American Street, LLC, who is preparing to build 350,000 square feet of individualized warehouse space for contractors and/or small businesses. The estimated cost of the 19 5/12/08 RULES - Bill 080362 acquisition is $167,000 and will be paid for from funds with the Neighborhood Transformation Initiative. Madam Chairperson and members of the committee, I respectfully request favorable consideration of Bill No. 080362 and would also ask the suspension of Council rules to allow first reading today.

Council President Verna

Thank you. Good morning.

Mr. Reading

Yes, good morning. Good morning, Madam President and members of the committee. I'm Richard Redding. I'm Director of Community Planning at the Philadelphia City Planning Commission testifying today in support of Bill No. 080362, approving the fourth amendment of the redevelopment proposal for the American Street Industrial Corridor Urban Renewal Area. 20 5/12/08 RULES - Bill 080362 The bill authorizes acquisition of ten vacant lots in the 1700 block of North American Street, assembling a site for new construction of a warehouse for small contractors. Existing zoning is G-2, general industrial. The Planning Commission staff approved this amended redevelopment proposal in February, and I'd be happy to answer any questions. Thank you.

Council President Verna

Thank you very much. The ten properties, did I understand that they're all lots?

Mr. Koonce

They're all vacant lots. Eight of 'em actually are in City ownership, one is owned by the former Reading Railroad, and one is privately-owned.

Council President Verna

The anticipated cost for acquisition is $167,000, and the source of funding, as 21 5/12/08 RULES - Bill 080362 I am told, is the Neighborhood Transformation Initiative. What other sources for funding is there for the entire project?

Councilman Kenney

I have Vince Dougherty from the Commerce Department available if he can answer that for you. (Witness comes forward.)

Mr. Dougherty

Good morning, Madam President and committee members. My name is Vincent Dougherty. I am the Assistant Director of Commerce for the City of Philadelphia. This project, this entire parcel was approved for acquisition using NTI found about three, four years ago. Specifically what's going on today, from my understanding, is there's some missing parcels in the original acquisition. There was a questionable deed, some sort of question about what the deeds actually stated as opposed to what's actually 22 5/12/08 RULES - Bill 080362 there. So this is effectively a cleanup of that particular parcel, the acquisition of this parcel. As far as the funds, the acquisition funds are under NTI acquisition, the development funds are all private.

Council President Verna

Great. Why do we have to condemn City-owned lots?

Mr. Koonce

So that we can clear any potential title issues. We've had problems with clearing alleyways and such. This will allow us to have clear title to the entire parcel instead of having to deal with any potential problems that might exist on any of the particular eight properties that are owned by the City.

Council President Verna

Thank you very much. Are there any questions or comments members of the committee? (No questions or comments.) 23 5/12/08 RULES - Bill 080362

Council President Verna

Thank you very much, sir. That concludes -- do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, this concludes our public hearing. * * * 24 5/12/08 RULES - PUBLIC MEETING

Council President Verna

We will now go into our public meeting. At this time, the Chair recognizes Councilwoman Miller for a motion on Bill No. 080377.

Councilwoman Reed-Miller

Thank you, Madam Chair. I move that Bill No. 080377 be reported out of this committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next session. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 18 No. 080377 be reported out of committee with a favorable recommendation and, further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. Those opposed? The ayes have it and the 25 5/12/08 RULES - PUBLIC MEETING motion carries. The Chair recognizes Councilman Kenney regarding Bill No. 5 080401.

Councilman Kenney

Thank you, Madam Chair. I move that Bill No. 8 080401 be amended according to the testimony given by the Planning Commission. (Motion seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All those in favor will say aye. Those opposed? The ayes have it, and the motion carries. Again, the Chair recognizes Councilman Kenney.

Councilman Kenney

Madam Chair, I move that Bill No. 080401, as amended, be reported out of the committee with a favorable 5/12/08 RULES - PUBLIC MEETING recommendation. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 6 No. 080401 be reported out of committee, as amended, with a favorable recommendation. All in favor will say aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Kenney regarding Bill No. 15 080362.

Councilman Kenney

Thank you, Madam Chair. I move that Bill No. 080362 be reported out of this committee with a favorable recommendation and a request made for a rules suspension so as to allow for first reading at our next Council session. (Motion seconded.)

Council President Verna

It 27 5/12/08 RULES - PUBLIC MEETING has been moved and seconded that Bill 3 No. 080362 be reported out of committee with a favorable recommendation and, further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. Those opposed? The ayes have it and the motion carries. Thank you all very much. (Proceedings end at 10:14 a.m.) * * * 28 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Rules are contained fully and accurately in the stenographic notes taken by me on Monday, May 8, 2008, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)