And another business -- and as a result, I've employed people to build it. There will be lifeguards. I mean, this is something that keeps jobs in Philadelphia, creates jobs. Another business will open up something else that's part of accessory. So instead of going in circles and explaining what I feel so dear about, I think for me this is a no-brainer. Make this process simpler, not more stringent. Thank you.
Thank you. Would you remain at the table, please. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. Just very briefly, ma'am. And I understand a lot of what you're saying and I agree with your whole cumbersome argument, but with all due respect on 78 3/11/09 - RULES - BILLS 080952 and 080954 this specific issue that you talked about -- and that's why I think this bill 4 has some merits -- that pool you put in might be great and certainly might be great for your business and for the kids, but it could have an impact. I'm not familiar with your particular situation. It could have an impact on your surrounding neighbors. So in all fairness, I think they are affected by it, too. And you could have made great arguments to them and say, Well, you know, it will be well protected and we're going to have the proper supervision and all like that, and you might have convinced them, but I have to tell you, if I lived next door to some place and it didn't have a swimming pool and then one was put in, I'd want to weigh in on that a little bit. I'd like to know something about it, and I think that's what we're talking about here. Now, the whole cumbersome process, I mean, that's a way wider 79 3/11/09 - RULES - BILLS 080952 and 080954 discussion than we're getting into here, but I think -- and I think that -- I'm not here to make Councilman O'Neill's arguments, but I think there's some merit to that. I think there's some merit to -- I don't think any accessory use should just be, Well, it's an accessory use to the business. Well, it could have an effect, and at that time when you first got that, you didn't have the swimming pool, so it wasn't an issue to the neighbors, because it wasn't there. So once that swimming pool was put in, I think it is fair that in some manner -- and we can talk about variance vis-a-vis certificate, but I think in some manner, I think the community should be made aware of that and should have a say in that, because they are affected by it, particularly if you live nearby.
If I may, everything that happens in the City affects someone. It affects someone positively and affects someone 80 3/11/09 - RULES - BILLS 080952 and 080954 negatively. And it may not have a positive or negative effect, but nonetheless even a neutral effect is an effect. And what I want to say is, you're speaking of the neighbors. I have two neighbors. I have one that has a swimming pool, a lovely gentleman. He supports me in everything I do. I have the second one -- a second neighbor who is starting all this, and the reason behind it is not the swimming pool. There's another issue, and we're not going to go into it. However, in the scheme of things, this particular swimming pool influences so many kids who are safe, so many families who are safe because their kids are not being bussed all around and, A, they're on the roads, hazard; B, they're in the swimming pools that are overcrowded, under the sun, nowhere to hide. So, yes, there are benefits and, yes, there are some that may not 81 3/11/09 - RULES - BILLS 080952 and 080954 feel that they're so benefited, but in the long run, in the scheme of things, this was a positive thing for the community and for the kids and for the parents and for the families.
Again, I'm not speaking just specifically about that, but you used it as an example. I'm just saying that I think there are times where you have to -- and I'm not going to get into your specific case because I don't know about it, but I think there are areas where maybe things have been added that are not positive to the community. I'm not talking about your pool at this point. And I think that has some point. So, I mean, I hear what you're saying.
I understand what you're saying. When I first applied, I didn't even think of a pool. That came later. Oh, you know, that's a great thing. I wouldn't want my kids in the 82 3/11/09 - RULES - BILLS 080952 and 080954 summer to be bussed like my kids were, constantly burned. I mean, issues with the transportation, issues right there. And I thought, Oh, my God, this would be a great thing. And I called the pool company. They actually are the ones who went in and submitted for the application.
And if I may address just one more thing, if I may, the cumbersome process. What I meant by that is another business coming in and having an accessory use that would allow them to, A, stay afloat; B, a good idea; and, C, employ people, that's what I meant.
Thank you very much. 83 3/11/09 - RULES - BILLS 080952 and 080954
Just a moment, please. Councilwoman Brown, did you want --
Do we have any other witnesses to testify? Please approach the witness table. (Witness approached witness table.)
Good morning. My name is Marion Brown. I work with One Stop Shop for Child Care Licensing Information in Philadelphia and I also am 84 3/11/09 - RULES - BILLS 080952 and 080954 the Chair of the Zoning Subcommittee of the Southeastern Pennsylvania Early Childhood Coalition, and I just wanted to first thank you for an opportunity to speak to these issues. There are several things that have come up in relation to childcare and zoning, and I wanted to just clarify a couple of things. Because zoning is such a big issue for our providers, we have taken a proactive approach, and for several years now we have been doing our own zoning seminars for people in the childcare community. These seminars have been very effective. We have an attorney who does the presentation. We share announcements about the seminars with the City Council offices. We usually go in individually personally and share the new flyer. We invite representatives from the City Council offices to come to our seminars and to share with providers what they feel is important in terms of their district and zoning. Councilman Clarke's 85 3/11/09 - RULES - BILLS 080952 and 080954 person, Zenobia Harris, has come to our seminars. Marion Johnson, of course, has come. From Councilman DiCicco's office last week we had Diane Galluccio at our seminar. We believe -- we do not have hard statistics, but we believe that this basic educational process -- we do three or four seminars a year. We believe this basic educational process has cut down on the appeals to the Zoning Board of Adjustment substantially. I believe that when I looked at the list of zoning hearings four or five years ago, in just about every session there would be two or three childcare-related cases. When I looked at it last week, we got the listing for the appeal hearings listed for March, April, May and June, for about 14 or 15 weeks, and I counted about 18 childcare hearings listed. So we've gone from two or three a day to one or two a week, and I think one of the big reasons for that change has been our educational 86 3/11/09 - RULES - BILLS 080952 and 080954 approach. So the first point is that we would strongly encourage the City to look at this model and see that if a small investment in education for -- especially for people who are low income or are pro se -- would be one way to cut down on the burden to the Zoning Board of Adjustment. I believe that based on our experience, it would be very worth replicating. Second is, I believe the present bill will impact childcare and will cause an increase of appeals to the Zoning Board of Adjustment. One of the main areas where it will impact, I think, will be in outdoor play space. This has already been discussed several times. The state requires identified gross motor play space for childcare centers and for childcare groups. It does not require it for family daycare, but it does for groups and for center. So when people refer to going to the park across the street, that is fine, and providers can 87 3/11/09 - RULES - BILLS 080952 and 080954 and will and should continue to use resources at the park across the street. However, the state will not license you on the basis of the park across the street, because that is not property that you have control over. The exception will be if you can get a dedicated space and verification of that, for instance, from a city playground that says, Every afternoon from 3:00 to 4:00, your daycare can have dedicated use of Lot A. That would satisfy the state, but anything short of that would not satisfy the state. So there are certainly cases where people come to the Zoning Board with all the best intentions, often representing themselves for a group or a small center childcare, and nothing may be on the application about using their side yard for a playground.
I mean, to us it seems obvious, and it's very understandable it doesn't get mentioned, and I think this bill is going to send 88 3/11/09 - RULES - BILLS 080952 and 080954 them back to the Zoning Board again to increase the burden on the Zoning Board. And I just question if this makes sense at this current time when we have the Zoning Code Commission meeting. And if the issue is a swimming pool, maybe you want to just look at something that says accessory use does not allow swimming pools rather than make it this broad thing that affects many other issues.
Thank you very much. Any questions or comments from members of the Committee? (No response.)
Thank you again for coming in to testify. Do we have any other witnesses to testify on this bill? (No response.)
Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 25 080954. 89 3/11/09 - RULES - BILLS 080952 and 080954 MR. McPHERSON: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Broad Street, 15th Street, Oxford Street, Cecil B. Moore Avenue, and amending Section 14-1402 of The Philadelphia Code, entitled "Parking in Residential Districts." (Witness approached witness table.)
Good morning, Council President Verna and members of the Rules Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 080954, which was introduced into City Council December 11, 2008. Bill No. 080954 amends several sections of The Philadelphia Zoning Code 90 3/11/09 - RULES - BILLS 080952 and 080954 as well as amending the Philadelphia Zoning Maps in order to facilitate the development of a block bounded by Broad Street, Cecil B. Moore Avenue, 15th Street and Oxford Street. The proposed amendments will allow for the construction of a high-rise apartment building for student rentals adjacent to the Temple University campus. The proposed building will be approximately 12 stories in height and provide rooms for 1,100 students as quad apartments. To accommodate the proposal, the bill 15 does several things. First, it rezones a portion of this block from its current zoning designation of "C-2" Commercial to a designation of "C-4" Commercial. Secondly, Bill No. 080954 amends Section 14-305 of the Zoning Code by permitting parking garages on this block and exempting such garage from the need to obtain a special use permit. Court requirements for legally required 91 3/11/09 - RULES - BILLS 080952 and 080954 windows have been amended. Additionally, the base floor area ratio for this block has been raised to 600 percent of the area of the lot. Bill No. 080954 amends this section of the Code by specifically identifying this block as an area where a single family is defined as no more than four persons unrelated by blood, marriage or adoption in order to permit the apartments to house four students per unit. Bill No. 080954 also amends Section 14-1402 of the Zoning Code by removing the requirement for new dwellings to provide off-street parking at a one-space-per-unit ratio. Lastly, Bill No. 080954 amends Section 14-1602 by removing this block from the Avenue of the Arts North controls of the Zoning Code. This allows the provisions of the "C-4" and "C-5" Commercial sections of the Code to control the development of this site. 92 3/11/09 - RULES - BILLS 080952 and 080954 The Planning Commission staff has been working with the development team in order to draft amendments to this bill that will facilitate the proposed development. I would add that these amendments have been vetted through the Law Department and have been submitted to the Clerk earlier today. I respectfully submit them now for your consideration. The Philadelphia City Planning Commission considered Bill No. 080954 at its meeting of February 17, 2009 and recommended that Bill No. 080954, as amended, be approved. That is the conclusion of my testimony. I'd be happy to answer any questions of the Committee.
Thank you, Mr. Kramer. One of the purposes of this bill is to allow the construction of a garage without a special use permit; is that correct?
That is correct. 93 3/11/09 - RULES - BILLS 080952 and 080954
Is the garage solely for the use of the new building for the student residents, and can you tell us how many parking spaces will be provided?
Let me explain it this way: The bill calls for the removal of the requirement. The way this is actually working out -- and the development team can probably explain this better than I, but what is going on here is, there's an existing structure along Broad Street, which is the movie theatre and whatever. Adjacent to that is proposed this new 12-story structure. There is existing parking behind that. I'm not sure of the specific number of parking spaces, but it is in connection with the existing commercial use that's there. The proposal is not to provide additional parking than what already exists, but they're not removing any of the parking that's already there, because 94 3/11/09 - RULES - BILLS 080952 and 080954 the Code would have required them to put in parking one per one. That's the one reason it is. And if you do put in a parking garage, a special use permit would have been required. The initial and existing development that is there is a function of a Zoning Board of Adjustment variance that was granted for the construction of what's there now, which is, at a minimum, movie theatre as well as one-story retail along Broad Street right at Cecil B. Moore Avenue.
Your testimony is that the bill will allow for an increase in the base floor area ratio for this block to 600 percent. What is currently allowed?
Currently, under "C-4" and "C-5," "C-4" would allow you a base of 500 percent. As my understanding, this development would come in at about 580 percent, give or take one or two, and to play it safe, we 95 3/11/09 - RULES - BILLS 080952 and 080954 went with 600 percent so that we wouldn't send them to the Board again for a variance.
Am I correct to deduct from your testimony that this will be approximately 8 resident quad units on each floor of the 9 building and that there will be four 10 students per unit? 11
Will 13 the University own the building and limit 14 it to the student occupancy? 15
No, ma'am, it will 16 not be owned by the University. It will 17 be owned and operated by Tower 18 Investments as a four-unit quad unit, and 19 given its proximity to Temple University, 20 it's anticipated that these will be 21 student-occupied buildings. I don't 22 believe that there's any requirement that 23 you have to be a student, but I'll let 24 Mr. Blatstein answer that. 25
Fine. 96 3/11/09 - RULES - BILLS 080952 and 080954 Are there any questions from members of the Committee? (No response.)
Thank you. Our next witness. MR. McPHERSON: Mr. Bart Blatstein. (Witnesses approached witness table.)
Carl Primavera. I'm the attorney for Tower Investments. Jim Templeton from H2L2 is going to set up the boards. He's the architect. And I'd like to introduce Bart Blatstein.
Good morning, Madam President, members of Council. 97 3/11/09 - RULES - BILLS 080952 and 080954
Yes. The intent here is to build over the existing parking lot a 14-story building to house approximately 1,100 students in approximately 300 units. There currently exists a severe housing shortage at Temple and the kids are actually fanning out into the neighborhoods. This will help alleviate the problem, but not solve the problem. Temple has become a very popular school. There are more students living at Temple now than at University of Pennsylvania. And by creating the density along Broad Street where it belongs, it's consistent with density along Broad Street. So the designation as a garage is only because we're building the building over the existing parking lot. We're not building a garage. 98 3/11/09 - RULES - BILLS 080952 and 080954
The first floor of the new building or the first floor of the --
That's the parking lot that's enclosed? Can somebody explain the drawing, please.
As Bart approaches, the existing part is already developed as a commercial development, and that's really, we'll call it, the low or shorter version in the front, and then the high rise is in the back.
We've already developed the site in the front, which is 99 3/11/09 - RULES - BILLS 080952 and 080954 the Pearl Movie Theatre and the Shops at Avenue North, which is along Broad Street. This is Oxford. This is Cecil B. Moore, this being Broad. We developed behind it the Edge at Avenue North, which is student housing for 1,200 students. The new building would be situated right here, right behind the existing retail, and in between the buildings is the former Carlisle Street. Moving over to here, this is an existing building, again, the Pearl Theatre and the shops and restaurants at Avenue North, and the new building with the entranceway. This building sits over the parking lot. And this is the entranceway, the lobby and entranceway of the new building along Cecil B. Moore.
The theatre remains, and I'm happy to say that we're 20 percent above last year. 100 3/11/09 - RULES - BILLS 080952 and 080954
Good. And you feel that there will be ample parking for both the theatre and the students?
Yes, because written in our lease -- this is a student housing building, not a standard apartment building, and written in each and every lease is that they cannot have cars. It worked successfully for the building the Edge at Avenue North behind there. Temple also has a 1,200-car garage across the street, which remains mainly empty most of the year.
This also has been identified by the Planning Commission as a transit-oriented development, because we have bus and subway and it's really -- to answer your initial question, universities are now looking for private developers to spend the money to build the dormitories, but under our definition of the Zoning Code, I think Bill Kramer will tell us that you 101 3/11/09 - RULES - BILLS 080952 and 080954 have to be a university to develop a dormitory. You can't have a private dormitory. So this is really an attempt to have a partnership with Bart, who has been, I think, on the board of Temple, and he's aware of the crisis in housing, so he's doing the University's work for them so that they can put money back into education rather than to housing.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you. Do you lease back to the University or do you manage it? You're going to develop it and build it?
We manage it. In the past with the Edge at Avenue North, we leased several floors to the University, so they had three or four different floors. Now, I don't have a formal agreement with Temple regarding the new building. I am sure that they'll come to us and say, We need this or a floor or more floors. And Temple, of 102 3/11/09 - RULES - BILLS 080952 and 080954 course, being the bargain education that it is, it's a wonderful education for the money, it's just going to get more and more popular to attend and live at Temple.
And they're moving the new Art School from Elkins Park, the Tyler School of Art. So there's more activities and more students coming actually into the North Philadelphia campus.
If this were approved, when would construction begin?
I mean, fortunately, we are still developing. We're the most active developers in the City right now, and we would move along as quickly as possible. Our plans are being completed now and we're anxious to 103 3/11/09 - RULES - BILLS 080952 and 080954 get started.
Yes. You mentioned Carlisle Street over here. Are there any neighbors currently that might have to be displaced or is there any impact on neighbors, smaller streets?
No. We don't displace any neighbors, and Carlisle Street was stricken several years ago, so it's a private street.
Okay. And the surrounding community is what? Are they other Temple buildings or 104 3/11/09 - RULES - BILLS 080952 and 080954 neighborhoods, or what?
Across the street is -- across Broad Street is Temple buildings. Across Cecil B. Moore are Temple buildings. Across Oxford it's the Rite Aid. It's a commercial building and a catering facility.
Thank you, Madam President. Good morning. Is there going to be any physical connection between the new residential structure and the existing commercial entity?
No. There will not be a direct connection. 105 3/11/09 - RULES - BILLS 080952 and 080954
You said in the prior leases of the Edge building that in the lease there was no 5 authorization to have vehicles?
So we can say based on history that none of the individuals, to our knowledge or your knowledge, have vehicles that are currently residing in the Edge?
Will the additional pedestrian traffic, frankly speaking, which I love to support the commercial corridor, be taken into effect as it relates to the sheer congestion of that intersection?
The traditional pedestrian flow, like kids all come out, go to class in the morning. 106 3/11/09 - RULES - BILLS 080952 and 080954
Well, it does add a significant amount of pedestrian traffic, which is good, which will help support not only our shops here but the rebuilding of Progress Plaza across the street. So this density is much needed for the life and vitality of the progress of Broad Street.
All right. With respect to parking, because we need more parking up in that area fortunately as a result of the activity going on, have you started any type of formal or informal conversations with Temple University about the extended hours of operation for that parking lot across the street? For some reason they kind of close this thing off during the weekend hours.
Yes, I have, and they acknowledge that they don't use the parking lot on nights and weekends, and they have -- we have been in preliminary discussions about use of that 107 3/11/09 - RULES - BILLS 080952 and 080954 parking lot. I believe they'll make some kind of accommodation.
Okay. Are you going to be looking for any exterior signage?
I'd like to cover the entire facade with an LED billboard. I'm only kidding. I'm only kidding. Is Mary Tracy here?
I mean, you know I obviously support that type activity.
Thank you. Any other questions or comments from members of the Committee? 108 3/11/09 - RULES - BILLS 080952 and 080954 Councilwoman Brown.
We are striving for LEED certification on this building. And by the nature of the fact that we're putting in 1,100 students here, it reduces the carbon imprint so that it becomes more of a walkable community, so, again, less need for cars, emissions and everything else.
Well, we're seeking initially LEED certification, and we'll go from there.
You're welcome. Thank you. Do you want to add --
Thank you. We 109 3/11/09 - RULES - BILLS 080952 and 080954 have nothing further. Thank you.
We also are in support of the amendments as well. So we have no objection to them. They were just clarifications. We've been working with the staff of the Planning Commission. Also, we've been working with the Planning Commission to develop the facade, and I believe that they've been supportive of all aspects.
Thank you. Do we have any other witnesses to testify? (No response.)
Seeing none, this will conclude our public hearing.
No. Am I supposed to? Thank you, Madam President. 110 3/11/09 - RULES - BILLS 080952 and 080954
Just a moment. We will now go into our public meeting. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Given the number of additional questions and discoveries learned around Bill No. 080952, I will not be supporting this bill in its current form or the amendment. So my ask would be that we consider holding it in the Committee until we've had ample time to get back with the sponsor and seek to make sure that the small businesses, period, but in particular the childcare industry, is held harmless.
That's a motion? 111 3/11/09 - RULES - BILLS 080952 and 080954
The ayes have it. The motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 080954.
Thank you, Madam President. Madam President, I make a motion for an amendment on Bill No. 21 080954. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. 112 3/11/09 - RULES - BILLS 080952 and 080954 All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I move that Bill No. 13 080954, as amended, be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 21 080954 be reported out of Committee with a favorable recommendation, as amended; further, that the rules of Council be suspended so as to permit consideration at our next session of Council. 113 3/11/09 - RULES - BILLS 080952 and 080954 All in favor will say aye. (Aye.)
The ayes have it, the motion carries, and this concludes our public hearing. Thank you. (Committee on Rules concluded at 11:55 a.m.) - - - 114 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on March 11, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (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.)