COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, February 22, 20117 10:10 a.m. PRESENT:9 COUNCILMAN JAMES KENNEY, CHAIR COUNCILMAN DARRELL CLARKE10 COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR.11 COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN DONNA REED MILLER12 BILL 110051 - An Ordinance to amend the13 Philadelphia Zoning Maps to provide for changes to the zoning designations of certain14 areas of land located within an area bounded by Tacony Street, Dark Horse Street, the15 Delaware Creek, and Bridge Street... BILL 110053 - An Ordinance amending the Philadelphia Zoning Maps by changing the17 zoning designations of certain areas of land located within the area bounded by Milnor18 Street, Levick Street, the Delaware River, and Robbins Street...19 BILL 100720 - An Ordinance amending Title 9 of20 The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," and Title21 14 of The Philadelphia Code, entitled "Zoning and Planning"...(HOLD)22 - - -23 24 25 2 1
Good2 morning, ladies and gentleman. The3 Council Committee on Rules is now in4 session to hear testimony on two bills.5 The first is Bill No. 110051, an6 ordinance to amend the Philadelphia7 Zoning Maps to provide for changes to the8 zoning designations of certain areas of9 land located within an area bounded by10 Tacony Creek, Dark Horse Street, the11 Delaware River, Frankford Creek, and12 Bridge Street, under certain terms and13 conditions.14 Let the record reflect that we15 have a quorum, which consists of16 Councilmembers Greenlee, Goode, Clarke,17 DiCicco and Councilman Kenney acting as18 Chair of the Committee.19 (Witness approached witness20 table.)21
Would you22 please identify yourself for the23 Committee and proceed with your24 testimony.25 3 2/22/11 - RULES - BILLS 110051/1100531
Good morning,2 Councilman Kenney and members of the3 Rules Committee. I am William Kramer,4 Division Director of the Development5 Planning Division of the Philadelphia6 City Planning Commission. I am here7 today to testify on Bill No. 110051,8 which was introduced by Councilmember9 Krajewski February 3rd of 2011.10 Bill No. 110051 amends the11 Philadelphia Zoning Maps for an area of12 land bounded by Tacony Creek, Dark Horse13 Street, the Delaware River, Frankford14 Creek, and Bridge Street, also known as15 the Frankford Arsenal site.16 The purpose of the bill is to17 adjust the zoning designations for18 portions of this site that are to be the19 subject of a land swap. The proposal20 will transfer a strip of land on the21 northern boundary of the site to the22 Arsenal site to allow for commercial23 development, while a portion of the site24 along the river will be transferred to25 4 2/22/11 - RULES - BILLS 110051/1100531 the City for use as additional parkland.2 The adjustment in property lines3 necessitates this change in zoning4 designations from a zoning designation of5 "REC" Recreational to a zoning6 designation of "C-3" Commercial.7 Bill No. 110051 is the first of8 several bills requiring Council approval9 in order to facilitate the development of10 this site as a commercial retail11 facility, including the authorization of12 the land swap, streets bills to vacate a13 street from the City Plan and maintain a14 right-of-way for water and sewer15 purposes.16 The entire Arsenal site17 originally had a zoning designation of18 "G-2" General Industrial and was19 partially rezoned to a zoning designation20 of "C-3" Commercial via Bill 030068 May21 15th of 2003. It was also the subject of22 a small zoning change as per Bill No.23 060263 approved June 15th, 2006.24 Bill No. 110051 will not become25 5 2/22/11 - RULES - BILLS 110051/1100531 effective until the proposed land swap is2 completed. In that regard, the City's3 Law Department has asked Section 2 of4 this bill be amended for technical5 reasons. I respectfully submit the6 amendment for your consideration.7 Additionally, I have been asked to8 request a suspension of rules of Council9 so it may have first reading at your next10 session.11 The Philadelphia City Planning12 Commission considered Bill No. 110051 at13 its meeting of February 15th, 2011.14 After consideration, the Commission15 recommended that Bill No. 110051 be16 approved.17 This concludes my testimony.18 I'd be happy to answer any questions you19 may have.20
Thank you21 very much, Mr. Kramer.22 Let the record reflect that23 Councilmember Donna Reed Miller is also24 in attendance of the Committee.25 6 2/22/11 - RULES - BILLS 110051/1100531 Could you describe the2 amendment, Mr. Kramer?3
This is a -- the4 amendment is with regards to technical5 language on the effective date of the6 ordinance, changing language to add that7 the City Solicitor will file a8 certification with the Clerk of Council9 that each parcel of land described in the10 exhibits, in essence that they're going11 to make certain that the deeds are12 transferred. So they wanted to put that13 language in the bill.14
Is there a15 specific plan for commercial development16 at this point that you're aware of?17
I have seen18 several versions of the plan. It is19 essentially a suburban shopping kind of a20 situation with a variety of different21 uses. There's some question as to who is22 going to be the tenants. The major23 tenants that they were talking about is a24 wholesale club, either a BJ's or a Sam's25 7 2/22/11 - RULES - BILLS 110051/1100531 Club, one of the two, depending on which2 one determines some of the layout. There3 was a strip of stores along the northern4 boundary of this site that was a variety5 of different types of uses. There's also6 talk of a restaurant, also a possible7 Wal-Mart. But nothing has been firmed8 that I'm aware of. Their attorney is9 with us today. Maybe she has something10 further, but none that I'm aware of.11
Okay.12 Thank you.13 Any questions for Mr. Kramer?14 (No response.)15
Seeing16 none, thank you very much.17 Anyone else to testify on this18 bill?19 (No response.)20
Thank you.21 The next bill is Bill No.22 110053, which is an ordinance amending23 the Philadelphia Zoning Maps by changing24 the zoning designations of certain areas25 8 2/22/11 - RULES - BILLS 110051/1100531 of land located within the area bounded2 by Milnor Street, Levick Street, the3 Delaware River, and Robbins Street, all4 under certain terms and conditions.5 Please identify yourself for6 the record.7
Good morning,8 Councilman Kenney and members of the9 Rules Committee. I am William Kramer,10 Division Director of the Development11 Planning Division of the Philadelphia12 City Planning Commission. I am here13 today to testify on Bill No. 110053,14 which was introduced by Councilmember15 Krajewski February 3rd of 2011.16 Bill No. 110053 amends the17 Philadelphia Zoning Maps by changing the18 zoning designations for an area bounded19 by Milnor Street, Levick Street, Delaware20 River, and Robbins Street from the21 existing zoning designation of "C-3"22 Commercial to a designation of "REC"23 Recreational.24 The property known as Lardner25 9 2/22/11 - RULES - BILLS 110051/1100531 Point is currently owned by the2 Philadelphia Water Department and is3 intended to be developed as the Delaware4 Riverfront Park. This park will serve as5 a trailhead for the North Delaware River6 Greenway and Trail, which will reconnect7 the Tacony community to the Delaware8 River. The rezoning will permit the9 proposed park uses while preserving the10 land from unwanted development.11 Plans for the park include12 creation of a riverfront trail, seating,13 picnic areas, a fishing pier, as well as14 for much of the river's edge to be15 restored to a natural river edge using16 plant materials and preserving a tidal17 wetland. This park is completely18 designed and all construction funding is19 in hand. The land will be owned by the20 City, and the funding sources for the21 project include the PA Department of22 Conservation and Natural Resources, the23 National Oceanic and Atmospheric24 Administration, and the National Wildlife25 10 2/22/11 - RULES - BILLS 110051/1100531 Fund.2 The Philadelphia City Planning3 Commission considered Bill No. 110053 at4 its meeting of February 15th, 2011.5 After consideration, the Commission6 recommended the bill be approved.7 This concludes my testimony. I8 appreciate the opportunity to appear and9 will answer any questions you may have.10
Thank you,11 Mr. Kramer. So unlike the last bill,12 this is just purely a change in13 designation in order to accommodate a14 park as opposed to a land swap?15
Do you know17 if this has anything to do with this18 long, ongoing connection on the Delaware19 River waterfront from south waterfront20 through the central up into -- is this21 part of that trail effort?22
So at some25 11 2/22/11 - RULES - BILLS 110051/1100531 point in time, they'll all be connected?2
Seeing7 none, anyone else to testify on this8 bill?9 (No response.)10
Seeing11 none, this is going to be at record land12 speed.13 We will now conclude our public14 hearing and we'll go into a public15 meeting.16 Mr. Kramer had described the17 amendment to Bill No. 110051. The Chair18 recognizes Councilmember Greenlee for the19 motion to approve the amendment.20
Thank21 you, Mr. Chairman. I move that the22 amendment to Bill No. 110051 be approved.23 (Duly seconded.)24
It's been25 12 2/22/11 - RULES - BILLS 110051/1100531 moved and seconded.2 All in favor?3 (Aye.)4
There are5 none opposed. The amendment has been6 accepted.7 The Chair now recognizes8 Councilmember Greenlee on a motion for9 the amended bill.10
Thank11 you, Mr. Chairman. I move that Bill No.12 110051, as amended, be reported out of13 this Committee with a favorable14 recommendation and that the rules of15 Council be suspended to allow for first16 reading at our next session of Council.17 (Duly seconded.)18
There are23 none opposed. Bill No. 110051, as24 amended, reported out of this Committee25 13 2/22/11 - RULES - BILLS 110051/1100531 with a favorable recommendation and a2 rules suspension to allow first reading3 at our next Council session.4 The Chair recognizes5 Councilmember Goode for a motion on Bill6 No. 110053.7
Thank you,8 Mr. Chairman. I move that Bill No.9 110053 be reported out of the Committee10 with a favorable recommendation, that the11 rules of Council be suspended so as to12 permit first reading at our next Council13 session.14 (Duly seconded.)15
There are20 none opposed. Bill No. 110053 will21 report out of this Committee favorably22 and a request will be made for rules23 suspension to allow first reading at our24 next Council session.25 14 2/22/11 - RULES - BILLS 110051/1100531 Thank you very much for your2 attendance.3 (Committee on Rules concluded4 at 10:20 a.m.)5 - - -6 7 8 9 10 11 12 13 14 15 16 15 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on February 22, 2011, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25