COUNCIL OF THE CITY OF PHILADELPHIA1 COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania3 Tuesday, June 7, 2011, 10:11 a.m. *BILL 110185 - Richmond St. Entertainment Venue6 *BILL 110302 - Chestnut Hill College Zoning BILL 110377 - Chestnut Hill College IDD Changes7 BILL 110306 - Outdoor Advertising BILL 110312 - West Poplar Rezoning8 BILL 110344 - Haddington Urban Renewal Area BILL 110345 - West Parkside Urban Renewal Area9 *BILL 110347 - Cash for Gold BILL 110348 - Model Cities Urban Renewal Area10 BILL 110381 - 5th & Master Cruz Rec Ctr Rezoning BILL 110382 - DuPont Street Rezoning11 *BILL 110678 - I-95 Condemnation Corridor *BILL 100720 - Market Street East12 (*Amended Bills)13 (Bills' full text, amendments included herein.)14 COMMITTEE MEMBERS PRESENT:16 James F. Kenney, Chair W. Wilson Goode, Jr.17 Blondell Reynolds Brown William K. Greenlee Darrell L. Clarke Donna Reed Miller18 Frank DiCicco Anna C. Verna Also Present: Councilman Curtis Jones, Jr. 6.7.11 RULES - BILL 1103821
Good2 morning, ladies and gentlemen. The3 Committee on Rules is now in session. We4 have a quorum present with Councilmembers5 Rizzo, Clarke, Greenlee, Goode, and6 DiCicco.7 (Excessive ambient noise and8 personal conversations in chamber.)9
Could I10 please have your attention? We have a11 long list of bills today, 13, and some12 will require a lot of discussion, so we13 want to get moving as fast as we can.14 The first bill on our list for15 today is Bill No. 110382, which is an16 ordinance to amend the Philadelphia17 Zoning Maps by changing the zoning18 designations of certain areas of land19 located within an area bounded by Dupont20 Street, Lawnton Street, Green Lane, and21 Ridge Avenue.22 (Witness comes forward.)23
Sir, would24 you please identify yourself for the25 4 6.7.11 RULES - BILL 1103821 record.2
Good morning,3 Councilman Kenney and members of the4 Rules Committee.5
I am William8 Kramer, Division Director of the9 Development Division of the Philadelphia10 City Planning Commission. I am here11 today to testify on Bill No. 110382,12 which was introduced into City Council on13 May 12, 2011.14 Bill No. 110382 will change the15 zoning designations of certain parcels of16 land generally bounded by DuPont Street,17 Lawton Street, Green Lane, and Ridge18 Avenue from the existing designation of19 R-5 residential to a new designation of20 R-9A.21 The mid-block rezoning would22 affect the properties known as new 551 to23 555 DuPont Street. The developer24 proposes eight new semi-detached25 5 6.7.11 RULES - BILL 1103821 structures for use as single-family2 dwellings. While the current zoning3 would permit the building type, it would4 not permit the lot size as proposed.5 The Philadelphia City Planning6 Commission will consider Bill No. 1103827 at its meeting of June 14, 2011.8
Is there12 anyone else here to testify on this bill?13 (Witness comes forward.)14
You want to15 testify on this bill? Please take a16 seat.17
And if you'll22 just give me a minute to get my exhibits23 and handouts together?24
Is there3 anyone else in the room that's going to4 testify on this bill?5 (No response.)6
Yes,9 please.10 (Mr. Pollack distributes11 handout materials.)12
Please15 identify yourself for the record and16 proceed.17
Steven Pollack,18 on behalf of the owners, DuPont Street19 Development, LLP.20 Mr. Chairman and members of the21 committee, we are seeking a rezoning and22 remapping to R-9A.23 This property, as you can see24 from the front sheet that I gave you, is25 7 6.7.11 RULES - BILL 1103821 burdened with something that's out --2 that stands out within this neighborhood3 of -- in central Roxborough. It's4 burdened with a industrial auto body shop5 with a paint booth; and also, it has a6 steep slope from DuPont back down to7 Green Lane.8 We are going to develop this9 property. You need to build basically10 four boxes with retaining walls because11 we're going to have about a 12-foot high12 retaining wall between the two -- the13 front and back.14 And what we're trying to do is,15 on the second sheet, you'll see where our16 site is located, and we have a colored17 map that shows that there are many18 single-family twin homes in the19 neighborhood. And one of the reasons why20 we suggested R-9A was that we weren't21 going to introduce duplexes or22 multifamily units into this single-family23 neighborhood.24 But we feel that this site is25 8 6.7.11 RULES - BILL 1103821 special in the sense that it's different2 and has -- sort of with the R-5 zoning,3 has been created as an island, and it4 needs to be set free, or we're else not5 going to have a redevelopment or a6 recycling of the housing stock in this7 neighborhood in central Roxborough. So8 that's why we're asking for you to9 consider -- and why Councilman Jones was10 willing to introduce -- the ordinance to11 change this to R-9A.12 We do have a sample of what the13 homes would look like, the set of twins.14 I do have a site plan if this panel would15 like to see it -- the committee would16 like to see the site plan, with regard to17 this.18 I do have letters of support I19 can hand out from Lewis Aiker who is the20 21st Ward and Brian C. Foley, who lives21 next door, at 549 DuPont Street, who are22 in support of the remapping.23 As I said, this still an -- it24 could be an active industrial auto body25 9 6.7.11 RULES - BILL 1103821 shop. We feel that because of that and2 also because it would -- there is a3 non-conformity created even with the4 existing zoning because there's been a --5 in 2002, there was a change in the6 ordinance that made the R-5 semi-detached7 needs to be 29 feet wide.8 And if you look at some of the9 housing stock in this area, you'll find10 that there are very few homes that meet11 the 25-foot width -- or 29-foot width.12 And, therefore, basically, the existing13 zoning has rendered practically the14 entire neighborhood nonconforming so that15 anybody would have to have that.16 What we're trying to do, given17 that this is the only industrial site18 still existing in all of the residential19 block, we're trying to revitalize it by20 allowing these three properties -- and21 it's three separate properties -- to be22 able to fit with something, given that23 it's Wissahickon Watershed, had to go24 through a lot of storm water management,25 10 6.7.11 RULES - BILL 1103821 with storm water tanks in the front of2 each property; that's why the properties3 are being set back 22 feet instead of the4 8 feet that are required by the Zoning5 Code.6 And so, that's some of the7 different aspects of it without getting8 into more technical details, 'cause I9 know you're burdened with a lot of things10 today.11
Okay.12 Anything for this witness?13 (No questions.)14
Anyone else18 here to testify on this bill?19 (No response.)20
And are2 there any amendments to the bill? Are3 there any proposed amendments to the4 bill?5
Okay,9 great. Thank you.10 The next bill on our list is11 Bill No. 110381, which is an ordinance to12 amend the Philadelphia Zoning Maps by13 changing the zoning designations of14 certain areas of land located within an15 area bounded by Fifth Street, Master16 Street, Sixth Street, and Jefferson17 Street.18 Please identify yourself for19 the record.20
Good morning,21 Councilman Kenney and members of the22 Committee on Rules.23
I am William2 Kramer, Division Director of the3 Development Division of the Philadelphia4 City Planning Commission. I am here5 today to testify on Bill No. 110381,6 which was introduced into City Council7 May 12, 2011.8 Bill No. 110381 will change the9 zoning designations of certain parcels of10 land generally bounded by Fifth Street,11 Master Street, Sixth Street, and12 Jefferson Street from the existing13 designations of G2-General Industrial and14 C2-Commercial to a new single designation15 of C2-Commercial.16 This block, which is the17 location of the Cruz Recreation Center,18 houses baseball and multi-use fields, a19 multipurpose building, an outdoor pool, a20 pool house, and other passive-recreation21 facilities.22 Bill No. 110381 will permit the23 Ludlow Youth Community Center, a24 neighborhood nonprofit organization, to25 13 6.07.11 RULES - BILL 1103811 run an after-school-care program from the2 multipurpose building the Philadelphia.3 The City Planning Commission4 will consider Bill No. 110381 at its5 meeting of June 14, 2011, with a staff6 recommendation for approval.7
Just10 quickly. Thank you, Mr. Chairman.11 Mr. Kramer, I'm just wondering.12 I certainly have no problem with this13 bill and what the youth community center14 wants to do, but what is the problem with15 how it is now? I guess is like what --16
It's that the G-217 classification would require the18 community center to go to the Zoning19 Board of Adjustment.20
So by changing it22 to a single classification of23 C2-Commercial, it is permitted under the24 code and would permit the proposed use as25 14 6.07.11 RULES - BILL 1103811 a matter of right.2
Because3 it's the dual --4 (Indiscernible; parties talking5 over each other.)6
Because it's a7 split-zone parcel, it's partly G-2. Yes,8 sir.9
Any other12 questions for this witness?13 (No further questions.)14
And let the15 record show that Councilwoman Donna Reed16 Miller is also in attendance at the17 hearing.18 Anyone else to testify on this19 bill?20 (No response.)21
Seeing22 none, we will now to move to Bill No.23 110312, which is an ordinance to amend24 the Philadelphia Zoning Maps by changing25 15 6.7.11 - RULES - BILL 1103121 the zoning designations of certain areas2 of land located within an area bounded by3 Girard Avenue, Ninth Street, Fairmount4 Avenue, Tenth Street, Wallace Street, and5 Broad Street.6 Please identify yourself for7 the record.8
Good morning,9 Councilman Kenney and members of the10 Rules Committee.11
I am William14 Kramer, Division Director of the15 Development and Planning Division of the16 Philadelphia City Planning Commission. I17 am here today to testify on Bill No.18 110312, which was introduced by19 Councilmember Clarke on April 28, 2011.20 Bill No. 110312 amends the21 Philadelphia Zoning Maps by rezoning an22 area bounded by Girard Avenue, Ninth23 Street, Fairmount Avenue, Tenth Street,24 Wallace Street, and Broad Street. This25 16 6.7.11 - RULES - BILL 1103121 was a community-based remapping2 encompassing 25 square blocks of land3 southeast of Broad Street and Girard4 Avenue in the West Poplar neighborhood.5 The existing zoning consists of6 a mix of commercial, general, and limited7 industrial in small areas of residential8 zoning classifications. The proposed9 rezoning will introduce the R-9A10 single-family residential district to11 reflect the current use of the12 neighborhood.13 The primary development of this14 area was the Nehemiah Homes, which was15 developed for single-family16 homeownership, where the homes are also17 limited to residential use by their deed18 restrictions. This was accomplished19 using redevelopment law and controls,20 which are expiring. The area had relied21 on these controls, and they had not22 updated the existing zoning designations23 to ensure that land use matched the24 zoning. The provisions of this bill will25 17 6.7.11 - RULES - BILL 1103121 rectify that situation.2 The Philadelphia City Planning3 Commission considered Bill No. 110312 at4 their meeting of May 17, 2011, and5 recommended that it be approved.6 This concludes my testimony. I7 appreciate the opportunity and I would be8 happy to answer any questions you may9 have.10
Thank you11 very much for your testimony.12 Any questions for this witness?13 (No questions.)14
Anyone else15 to testify on this bill?16 (No response.)17
Seeing18 none...19 I assume there's a suspension20 for all of these?21
Okay, all24 right.25 18 6.7.11 - RULES - BILL 110377, 1103021 Bill No. 110377, an ordinance2 amending Title 14 of The Philadelphia3 Code relating to "Zoning and Planning" by4 amending Chapter 14-1100, entitled5 "Institutional Development District," by6 amending certain provisions of the7 Institutional Development District8 concerning permitted uses, minimum9 district area, gross floor area, and10 occupied area by placing additional11 limitations to those provisions for the12 Institutional Development Districts13 located within a certain area of the City14 and by providing for exceptions from15 certain provisions of the Wissahickon16 Watershed regarding impervious17 ground-cover limitations and construction18 on steep slopes, under certain terms and19 conditions.20 (Additional witnesses come21 forward.)22
Councilman, did23 you want me to take Bill 110302 at the24 same time, sir? It is also --25 19 6.7.11 - RULES - BILL 110377, 1103021
I hear you.2 All right. We'll get testimony on these.3 These two bills go together.4 The other bill is Bill No.5 110302, which is an ordinance to amend6 the Philadelphia Zoning Maps by changing7 the zoning designation of certain areas8 of land located within an area bounded by9 Northwestern Avenue, Meadowbrook Avenue,10 Stenton Avenue, Hillcrest Avenue,11 Germantown Avenue, Bells Mill Road, and12 Wissahickon Turnpike.13 Please identify yourself for14 the record.15
Good morning,16 Councilman Kenney and members of the17 Rules Committee.18
I am William21 Kramer, Division Director of the22 Development Division of the Philadelphia23 City Planning Commission. I am here24 today to testify on Bill No. 5 Bill No. 15 Bill No. 22 Bill No. 8 The new Campus Center, located9 centrally on the Main Campus, will house10 academic and recreational facilities as11 well as housing a parking garage for 55012 cars. Additionally, to the existing13 Clement Hall, to be used for both14 academic and residential purposes, are15 proposed. 11 - RULES - BILL 110377, 1103021 have a Main Campus as well as a Sugarloaf2 Campus. 6 The proposed new development7 will continue approximately 434,0008 square feet of development. 5 percent of this site. 15 Given the current zoning16 designation of R-2 residential, none of17 the proposed uses are permitted as a18 matter of right. 11 - RULES - BILL 110377, 1103021 the campus to the provisions of the2 Master Plan. 12 The City Planning Commission,13 at its meeting of April 19, 2011,14 recommended that the rezoning occur and15 that the Master Plan of Development be16 approved. On May 17, 2011, the17 Philadelphia City Planning Commission18 recommended approval for Bill No. 21 Bill No. 11 - RULES - BILL 110377, 1103021 IDD that have frontage on Germantown2 Avenue from Northwest Avenue to Bells3 Mills Road. Currently, the only IDD4 zoning proposed is for the Chestnut Hill5 College. 8 The provisions for IDDs in this9 area will be changed in order to further10 restrict potential development. 17 Bill No. 6 Lastly, Bill No. 1103777 relieves some of the requirements set8 forth in the Wissahickon Watershed9 Controls. This bill, under certain terms10 and conditions, will permit new11 development on slopes greater than 2512 percent, allow impervious coverage to13 exceed 20 percent, and permit new road14 construction where there will be a net15 decrease in the amount of impervious16 coverage. 11 - RULES - BILL 110377, 1103021 Bill No. 13 The Philadelphia City Planning14 Commission, at its meeting of May 17,15 2011, recommended that Bill No. 20
Thank you21 very much.22 Perhaps we'll hear the other23 testimony first.24
Whoever's2 going to testify on behalf of the3 institution, please identify yourself for4 the record.5
Good morning,6 Councilman Kenney and members of the7 Rules Committee.8
I'm William11 Kelson, on behalf of Chestnut Hill12 College.13
Could you14 pull the microphone a little closer to15 you.16
If I may, the19 Master Plan that is being presented today20 is unique and, I think it's fair to say,21 unprecedented in its level of detail. 10 As Mr. Kramer indicated, the11 Master Plan District Area covers12 approximately 74 acres. 5 percent of the16 Sugarloaf Campus will be occupied by17 buildings. Maximum gross floor areas18 established through the plan are well19 below those levels set forth in the20 zoning classification itself. And this21 is accomplished through the proposed22 amendments for the IDD that Mr. 11 - RULES - BILL 110377, 1103021 for the Master Plan are approximately2 39 percent. 20 The plan contemplates the21 creation of approximately 1300 vehicular22 spaces on both campuses. The parking23 structures will be located and configured24 so as to minimize traffic issues. 15 The amendments proposed for the16 IDD District reflect the College's17 commitment to protect the Wissahickon18 Watershed. 11 - RULES - BILL 110377, 1103021 reduction in watershed engineering2 standards associated with this plan of3 development with the legislation proposed4 today. 16 The Economic Opportunity Plan17 is unique as well. Why? Because it18 covers the development which will occur19 over a multi-phase period, over many,20 many years. The goals set forth in the21 Economic Opportunity Plan are as follows:22 Contract opportunities. 11 - RULES - BILL 110377, 1103021 Master Plan, we've also arranged for2 traffic studies; I will not present them3 today in the interest of time. 7 I would respectfully request a8 suspension of the rules. 13 With that, let me introduce14 Peter Saylor to make a brief presentation15 to the committee. 17
If you18 could, please identify yourself for the19 record and then proceed with your20 presentation.21
My name is Peter22 Saylor. 4 Shown on the screen on your5 left is the two parcels of the Master6 Plan. On the upper portion is that7 original portion of the Chestnut Hill8 College. 11 - RULES - BILL 110377, 1103021 vibrant campus and a strategic size to be2 viable. 9 Of importance is that the10 existing campus along the Wissahickon, as11 shown by these slides, has been severely12 handicapped by the flood plain and the13 flooding of the existing flat flood areas14 where parking now exists under those15 waterways in severe rain storms. 21 And you can see in this slide22 some adjacent areas. Our firm's been23 working with Andrew Pogan, which worked24 at the Morris Arboretum. 6 Of importance in the Master7 Plan is the presentation of the concept8 of zoning envelopes. These have been9 developed in conjunction with the10 community. 19 It has a parking garage heeled in under20 the existing surface area in front of21 Fournier Hall, provides for over 50022 cars, and provides a platform upon which23 the new building can be built. 11 - RULES - BILL 110377, 1103021 place. 7 It's important that these two8 sites, which embrace the Wissahickon,9 each contribute to the natural and10 important ecology of the site. The11 College has committed to the restoration12 of the woodlands, the reforestation of13 the understories, and the severe open14 space easements, as described15 This campus, on two hills, will16 unify the existing campus scene on the17 top right and the new Sugarloaf Campus on18 the left. 11 - RULES - BILL 110377, 1103021 great concern of the community here at2 the end of the new bridge that was put in3 on Germantown Avenue some years ago. 17
Thank you18 very much. It's a shame you didn't come19 better prepared.20 (Laughter.)21
It's that22 Catholic-school upbringing.23 (Laughter.)24
3 SISTER VALE: I'm Sister Carol4 Jean Vale. I'm a sister of St. 9 Within the past eight years,10 the College has successfully transitioned11 from a women's college to a coeducational12 institution, nearly tripling our13 undergraduate population. 17 Established in 1924 as an18 undergraduate liberal arts college for19 women, we expanded in 1969 to meet the20 needs of area adults to either begin or21 complete a college education. 2 The College is a founding3 member of Graduate! Philadelphia, the4 Mayor's initiative to educate adults in5 Philadelphia who have not completed6 college. 19 More than 1,000 Philadelphia20 residents attended one of our three21 schools this past year. 13 Students in Emlen Elementary and Fitler14 Academics Plus have benefited directly15 from the efforts of Dr. Jessica Kahn,16 Professor of Education and Technology at17 Chestnut Hill College. 4 Our commitment to diversity is5 evident in the student population6 enrolled at Chestnut Hill. 11 Diversity among faculty and12 staff fluctuates, with greater13 representation at different periods of14 time. Faculty diversity currently stands15 at 14 percent, and staff development at 716 percent. 4 As the campus grows, additional5 tax dollars will be added to the6 Philadelphia wage-tax base, with a7 projected 159 percent in faculty and 188 percent or more in staff. 21
Thank you22 very much for your testimony and for your23 wonderfully prepared testimony and24 presentation.25 48 6.7.11 - RULES - BILL 110377, 1103021 Before I recognize Councilwoman2 Miller, I'd like to acknowledge the fact3 that Councilwoman Blondell Reynolds-Brown4 is in attendance and a member of the5 committee.6 And the Chair recognizes7 Councilwoman Miller.8
Thank9 you. Thank you, Mr. Chair.10 Good morning, everyone.11 PANEL MEMBERS: Good morning.12
You know,13 I just want to have a few comments and14 just recognize how I believe -- I've15 worked with you now for 15 years, and16 I've always believed you were a good17 neighbor, you cared about what you were18 doing in your part of town, and I think19 you're just a good education and economic20 partner to Philadelphia.21 And I totally understand the22 need for expansion. And I think that23 when you made the decision to go coed, it24 was a good decision. You know, at first,25 49 6.7.11 - RULES - BILL 110377, 1103021 I was like, Oh, you know, will men really2 want to come to Chestnut Hill College?3 But they do.4 So I just wanted to make these5 brief comments. And it's to see you here6 this morning. We've been working on this7 now for 18 months. It's a long time of8 meeting with the community group, and I9 think that both groups, both, you know,10 the community coalition and Chestnut Hill11 has been honorable and has really tried12 to do the right thing for the13 neighborhood.14 So with that, thank you.15 Thank you, Mr. Chair.16
Thank you19 very much.20 Any other questions for these21 witnesses?22 Councilwoman Brown, do you have23 a comment you'd like to make?24
Yes.25 50 6.7.11 - RULES - BILL 110377, 1103021 Thank you, Mr. Chairman.2 Good morning. Good morning.3 PANEL MEMBERS: Good morning.4
Let me5 underscore the observation made by6 Chairman Kenney on the comprehensiveness7 of your presentation and the details,8 which we try to pay a lot of attention9 to.10 I do not want it to go11 unrecognized about the relationship you12 are actively engaging the area of13 Philadelphia public schools; that matters14 to us in this body. And to see that you15 have created a bridge there is16 commendable.17 I would like for you to18 elaborate on that portion of your19 testimony where you spoke about -- and20 I'll try to take the quote as given:21 Devoted to working with union labor. I22 don't want to misrepresent your23 statement.24 So just elaborate on what that25 51 6.7.11 - RULES - BILL 110377, 1103021 means, because that is still a pervasive2 unresolved issue for us as a city to3 encourage, persuade members of our labor4 community to help make construction sites5 look like Philadelphia.6 So is there anything additional7 you have in mind to change that reality?8
Councilwoman, if I9 may, the purpose of the Economic10 Opportunity Plan that is a companion to11 this legislation, should it pass, is12 intended to create diversity in the13 construction sector of this project as14 well as in the design sector and15 contracting of this project.16
Exactly. I will19 let Sister speak to the operational20 aspects, but I didn't want to address the21 fact that the construction of the campus,22 as proposed, will be done with trades,23 but recognizing that the general24 contractor and the trades must obligate25 52 6.7.11 - RULES - BILL 110377, 1103021 themselves to the provisions and the2 parameters set forth in the Economic3 Opportunity Plan in the construction4 sector as well as the design sector.5
Okay,6 then. Thank you.7 Please, Madam President?8 SISTER VALE: All of our major9 projects to date have been conducted with10 the participation of union labor, and I'm11 simply stating that we will continue that12 practice.13 The major buildings -- Martino14 Hall, Fitzsimmons Hall, the renovation of15 the lodge, the new elevators that we're16 putting in right now. When we retiled17 our considerably large amount of18 terracotta roofs, when we put in a new19 boiler plant, all of that was done with20 union labor.21 So I am simply indicating that22 that practice will not change.23
Okay. And24 I should not be misunderstood. We25 53 6.7.11 - RULES - BILL 110377, 1103021 support that.2 The additional issue, in3 addition to supporting union labor, is4 what stipulations, what provisions do you5 have in your EOP plan that makes it plain6 that we want members of the construction7 teams to be diverse?8 SISTER VALE: I believe9 Mr. Kelson testified that we're looking10 to include 35 to 25 percent of the labor11 hired: 25 MBE, 8 percent WBE, and 212 percent DSBE.13
Okay, all14 right. So that's on the record.15 SISTER VALE: That's right.16 And that's in the plan that we submitted.17 COUNCILWOMAN BROWN:18 Additionally for the record, are there19 monitoring checkpoints in place to ensure20 that what's in writing will ultimately21 exist?22 SISTER VALE: That would come23 under the responsibility vested in the24 Vice President for Financial Affairs and25 54 6.7.11 - RULES - BILL 110377, 1103021 the Physical Plant Committee of the Board2 of Directors.3
In addition,5 Councilwoman, the Economic Opportunity6 Plan does have reporting requirements,7 and they are set forth in the plan, using8 third-party agencies for compliance9 monitoring.10
Okay,11 then. Thank you for that.12 My final question is, you13 mentioned how you have a process whereby14 student-teachers can have experiences in15 urban schools. Is there, in the16 curriculum of the education diploma at17 Chestnut Hill College, a course that18 talks about urban education? which is a19 very different curriculum and experience20 in teaching and training than is21 education as a global concept.22 SISTER VALE: Part of teacher23 education in Chestnut Hill College is a24 seminar that students must take as25 55 6.7.11 - RULES - BILL 110377, 1103021 they're involved in student-teaching, and2 those various issues would be addressed3 through that seminar to help them through4 the process when they're actually5 involved in urban schools or suburban6 schools.7
Okay. I8 raise that because, too often, in our9 public schools, we have young people,10 recent college grads, who show up eager11 and enthusiastic, and want to contribute,12 and then they're hit with the realities13 of urban education, which has another14 additional set of challenges; and, thus,15 they leave the system.16 So to the extent that schools17 can prepare young people, armed before18 they leave the college campus with what19 those realities are, the School District20 and parochial schools as well do a better21 job at holding on to those young22 professionals.23 SISTER VALE: Thank you for24 that observation. It's very important.25 56 6.7.11 - RULES - BILL 110377, 1103021
Thank you7 very much.8 Any other questions for these9 witnesses?10 I know Councilwoman Miller has11 some questions when all of the folks12 involved have testified, but are there13 any other questions for these particular14 witnesses?15 (No questions.)16
Seeing17 none, thank you so much for your good18 work that you've done over the years.19 PANEL MEMBERS: Thank you very20 much.21
Mr. Robert22 Vance, Larry McEwan, and Carol23 Fitzgerald, please.24 And I assume, Mr. Kelson, that25 57 6.7.11 - RULES - BILL 110377, 1103021 you -- your folks will stay around in2 case we have any --3
Good9 morning. Ms. Fitzgerald, could you10 please identify yourself for the record11 and proceed. And please pull that12 microphone very close to you. Thank you.13
Councilman17 Kenney and members of the Rules18 Committee, my name is Carol Fitzgerald.19 I reside in Chestnut Hill and have20 resided there for most of my life, since21 1970, at 201 Rex Avenue, just about five22 blocks away from Chestnut Hill College.23 I'm a board member of Chestnut24 Hill College, and I am here today to25 58 6.7.11 - RULES - BILL 110377, 1103021 testify in support of Bill No. 110302 and2 Bill No. 110377, both of which would3 allow for the development of the Master4 Plan of Chestnut Hill College, which has5 been presented to you so well this6 morning.7 The Master Plan for the College8 that has been presented today proposes a9 significant number of changes and10 improvements to our campus. Our plan was11 revised and redesigned, with the benefit12 of detailed community input over an13 18-month period of time.14 While it is certainly true that15 our plan promotes the expansion and16 growth of Chestnut Hill College, it also17 reflects a sensitive treatment of our18 campus that respects the use and19 enjoyment of neighboring properties.20 While new buildings will be21 constructed on the campus over the life22 of the plan, as you can see from our23 presentation, significant portions of the24 site will remain or be returned to their25 59 6.7.11 - RULES - BILL 110377, 1103021 natural state as an important part of the2 development of the Master Plan.3 These improvements as well as4 the limitations on development imposed in5 the legislation respect the fact that the6 College is not located in a dense urban7 setting, and the good neighbor policy of8 Chestnut Hill College is reflected9 therein.10 Chestnut Hill College has been11 an important and active member of the12 Chestnut Hill community since 1924. We13 expect to remain engaged in the community14 as we grow and as we continue our mission15 into the foreseeable future. But in16 order for Chestnut Hill College to17 continue as a viable educational18 institution, we must expand our19 educational housing and student-activity20 facilities.21 The improvements indicated in22 the Master Plan allow the College to23 thrive and to compete with other24 similarly-situated educational25 60 6.7.11 - RULES - BILL 110377, 1103021 institutions. It is also important to2 recognize that the expansion of our3 educational housing and student-activity4 facilities will also benefit the5 community in that this expansion will6 generate additional employment7 opportunities as the new buildings are8 completed.9 Many educational institutions10 in the City of Philadelphia have11 constructed new campus facilities over12 the past several years in an effort to13 provide new or better opportunities for14 their student populations. These15 institutions have come before City16 Council to seek your approval for various17 aspects of campus improvements.18 It's time for Chestnut Hill19 College to follow their lead. The20 approval of the legislation before21 Council today is an important early step22 in our efforts. Chestnut Hill College23 must evolve, and we need your support of24 this legislation to do so.25 61 6.7.11 - RULES - BILL 110377, 1103021 Thank you.2
Thank you3 for your testimony.4 Either of you gentlemen like to5 proceed please identify yourself for the6 record.7 MR. McEWAN: Good morning8 Councilman Kenney and members of the9 committee.10
Good11 morning.12 MR. McEWAN: I'm Lawrence13 McEwan, Chair of the nine voting-member14 seven organization coalition negotiating15 group created through a resolution of the16 Chestnut Hill Community Association Board17 of Directors.18 Our charge over the past 1819 months has been to negotiate Chestnut20 Hill College's development of their new21 Sugarloaf Campus and existing Main Campus22 in a manner appropriate for Chestnut23 Hill's national historic district located24 within the beautiful and sensitive25 62 6.7.11 - RULES - BILL 110377, 1103021 natural environment of the Wissahickon2 Valley.3 Concentrating first on the4 College's Master Plan for the Sugarloaf5 Campus, we intervened to enact desired6 changes that have led to plan, which was7 recently approved by the Planning8 Commission and which has served as the9 basis of the bills before you today.10 While our negotiating group has11 not voted on an official position12 regarding these bills and while certain13 of our member organizations may speak14 against them today, I am accompanied by15 and/or speaking for seven voting16 representatives in five member17 organizations who support the18 unprecedented revisions to the IDD19 Ordinance, Bill 110377, which have been20 outlined by Mr. Kelson and which were, as21 he stated, crafted in a collaborative22 manner with members of our negotiating23 group.24 These voting members of the25 63 6.7.11 - RULES - BILL 110377, 1103021 negotiating group in support of these2 bills today and of moving approvals3 forward before Council recesses for4 summer are:5 Richard Snowden, Board Member6 of the Chestnut Hill Business7 Association;8 Frank Niepold, Board President9 of the Chestnut Hill Historical Society;10 James Keiss, Representative for11 the Houston family;12 Maura McCarty, Executive13 Director of the Friends of the14 Wissahickon;15 Joyce Linhard, Board Member of16 the CHCA;17 Craig Schelter, Representative18 of the CHCA;19 And myself, Chair of this20 committee and of the Development Review21 Committee of the CHCA.22 Now I'd like to introduce23 Robert Vance, Board President of the24 Friends of the Wissahickon, and an25 64 6.7.11 - RULES - BILL 110377, 1103021 invaluable member of our negotiating2 group, to more fully discuss the status3 of our negotiations from his4 organization's perspective.5 Thank you.6
2 That being said, it is3 important that the committee know that4 this project does not concern just5 Chestnut Hill; rather, this project is of6 extreme importance to all Philadelphians7 because the Wissahickon contributes8 drinking water to about one-third of the9 City, including all of the northwest and10 some of Center City. 15 As you all know, the16 Wissahickon Watershed ordinance, which is17 a part of the Zoning Code, imposes18 controls on development within the19 Wissahickon Watershed. 11 - RULES - BILL 110377, 1103021 other means, limiting development on2 steep slopes and limiting the amount of3 impervious cover. 11 For the last 18 months, as12 Mr. McEwan has stated, a coalition of13 neighborhood groups has negotiated with14 the College in an effort to arrive at a15 global settlement that would allow the16 College to develop Sugarloaf and the Main17 Campus consistent with the community's18 desire to ensure environmentally19 sensitive development and the protection20 and enhancement of Chestnut Hill's21 identity and historic fabric. 16 It is the fourth component, however, that17 is problematic. 11 - RULES - BILL 110377, 1103021 from the Wissahickon Watershed2 requirements regarding building on steep3 slopes and impervious cover. 12 The College has committed to do13 so; let me be clear about that. 11 - RULES - BILL 110377, 1103021 has informed the College that it will let2 the College know about its decision about3 whether it will give consent for the4 easements on June 17th. 16 Despite all of this, the17 Friends of the Wissahickon and the other18 organizations mentioned by Mr. 11 - RULES - BILL 110377, 1103021 for final passage until the Council's2 June 23rd meeting. 13 Now, the amendment to that FOW14 proposes, which is contained in the sheet15 that I hope was distributed to you,16 reflects the fact that in connection with17 the purchase of Sugarloaf, Chestnut Hill18 College received a grant from the19 Pennsylvania Department of Conservation20 and Natural Resources as part of that21 organization's Growing Greener Grants22 program. 3 Again, I want to reiterate that4 the College has agreed to do so but5 cannot make good on that promise unless6 it receives consent from Wells Fargo. We7 believe that amending Bill No. 11 I want to emphasize that FOW is12 not attempting to prevent the College13 from expanding and has no interest in any14 action litigation whatsoever related to15 the passage of these two bills. 15
Thank you16 very much for your testimony.17 Councilwoman Miller.18 Oh, I'm sorry. Mr. Previdi,19 please.20 (Witness comes forward.)21
11 - RULES - BILL 110377, 1103021 Hill. 11 Unfortunately, we have lost two12 of these projects and are endangering a13 third if we don't speak up. 17 It's time for the community and18 our community leaders to take charge and19 speak out about the future of Chestnut20 Hill development. 11 - RULES - BILL 110377, 1103021 21st century global economy. 17 I have seen neighbors employ bully18 tactics and threaten lawsuits and scream19 and shout at meetings like children. 11 - RULES - BILL 110377, 1103021 President, has changed the design based2 on the near-neighbor input. 8 This group has been meeting for9 over 18 months, redesigning the project10 to concentrate the development to the11 middle of the property, preserving open12 space around the perimeter. 15 In the same ad, the public was16 invited to attend an open community17 meeting to join for a discussion of the18 issues at St. 21 So they have this meeting at22 St. 11 - RULES - BILL 110377, 1103021 of the negotiating group were asked not2 to speak. 9 I think that's enough said10 right there. 12
Thank you13 very much for your testimony.14 Any questions for this15 witnesses?16 (No questions.)17
Anyone else18 in the room to testify on this bill?19 Please come forward.20 (Witness comes forward.)21
My name is William24 Lamb, and I have been a near neighbor of25 78 6.7.11 - RULES - BILL 110377, 1103021 Chestnut Hill College for the better part2 of three generations. I live at 95013 Meadowbrook, which borders the Morris4 Arboretum, and grew up and spent most of5 my youth at 9500 Wheel Pump Lane, the6 adjacent property to that.7 I have come to know the Sisters8 of St. Joseph over my lifetime and have9 witnessed the expansion and development10 of their college as it has happened11 mostly during my tenure as an adult in12 Chestnut Hill. Sister Carol Jean has13 proven herself to be a very dynamic14 leader and vital to our community.15 Not only that, but the16 negotiations that have occurred over the17 last 18 months have been carried out at18 great expense by Chestnut Hill College in19 an effort to make my neighbors satisfied20 with a plan that is essential to the21 development not only of Chestnut Hill22 College but the further economic growth23 and sustainability of Chestnut Hill's24 community.25 79 6.7.11 - RULES - BILL 110377, 1103021 For too long, our near2 neighbors have failed to recognize that3 the only way Chestnut Hill can sustain4 itself as the bucolic northwest section5 of Philadelphia that it is, is to support6 the two main institutions that we have at7 our disposal: Chestnut Hill Hospital and8 Chestnut Hill College.9 It is incumbent on me to come10 here today. I respectfully address the11 committee and ask for your approval of12 this bill.13 I feel very passionate about14 our faith in Chestnut Hill as a15 community, but, more importantly, about16 Chestnut Hill College as a vital17 contributor to the success of that18 community.19 Thank you very much.20
Thank you21 for your testimony.22 Sir, please come forward.23 (Witness comes forward.)24
Please25 80 6.7.11 - RULES - BILL 110377, 1103021 identify yourself for the record.2
I am George3 Thomas. I am a resident of 95154 Germantown Avenue in the sort of center5 of this zone. And I am the Vice6 President of the Northwest Wissahickon7 Conservancy, Inc. I am also speaking8 today on behalf of the North Chestnut9 Hill Neighbors, Inc., another community10 association comprised of members of the11 north Chestnut Hill community.12 I am here in opposition to the13 two proposed bills, number 110302 and14 number 110377.15 In the interest of time, I have16 handed in my comments for the record. I17 am also including copies of our group's18 statements to the Philadelphia Planning19 Commission on 19 April and 17 May.20 I am speaking only on behalf of21 these two organizations. Although I am a22 member of the negotiating group that is23 comprised of representatives from a24 number of Chestnut Hill organizations,25 81 6.7.11 - RULES - BILL 110377, 1103021 and it is negotiated with Chestnut Hill2 College for the past 18 months, I am not3 speaking on behalf of that group.4 Moreover, I am not speaking in my5 capacity as a member of that group.6 I am respectfully advising7 Council that no votes have been taken by8 the negotiating group authorizing any9 individual to speak on its behalf, and no10 other person is authorized to speak on11 behalf of our groups, the Northwest12 Wissahickon Conservancy or the North13 Chestnut Hill Neighbors.14 Each of the other organizations15 retains its right to make its own16 statement, but we will object to any17 testimony or statement that purports to18 represent positions of the negotiating19 group.20 Thank you.21
Thank you22 very much for your testimony.23 Anyone else? Come on down.24 (Witness comes forward.)25 82 6.7.11 - RULES - BILL 110377, 1103021
11 I appear before you on behalf12 of my client Professor Eleanor Morris,13 ower or her home and adjoining carriage14 house with an address of 31 West Bells15 Mills Road. 19 I speak to you in opposition to20 both Ordinance No. 110302 and 100377. 11 - RULES - BILL 110377, 1103021 of individuals who will be most directly2 impacted by the proposed development of3 Chestnut Hill College. 12 I understand that significant13 efforts have been made to negotiate a14 community development agreement and15 related easements, which, in theory, will16 place additional controls upon the extent17 of permitted development on the subject18 parcel. 11 - RULES - BILL 110377, 1103021 I want to note in particular2 one item that has not been raised yet3 today, which is, my client enjoys an4 easement over a portion of the subject5 property. While the College has proposed6 to relocate the easement, my client has7 not yet agreed to the relocation. 11 As to Ordinance No. 110302, I12 believe that a much better approach would13 be for the committee to table it in order14 to allow continued negotiations to occur15 through the summer so that the community16 development agreement, new easements, and17 the relocation of the existing easement18 can be finalized. 23 As to Bill No. 11 - RULES - BILL 110377, 1103021 portions of the ordinance which propose2 to amend Section 14-1109(e)(6) through3 (8) of the Philadelphia Code. 14 I want to point out two things15 that came up in testimony. Mr. Kramer16 talked about, quote, the ecological17 sensitivity of the area, and Mr. 20 Despite the important ecology21 of the site, these sections clearly22 constitute illegal spot zoning. 4 To amend in a piecemeal fashion5 through an ordinance like the one you6 have for your consideration is clearly7 not permitted by existing Pennsylvania8 precedent. 14
Thank you15 very much for your testimony.16 Anyone else to testify on this17 bill?18 (No response.)19
Seeing20 none, we will now move to Bill No.21 110347, which is an ordinance amending22 Title 14 of the Philadelphia Code,23 entitled "Zoning and Planning," by24 amending Section 14-1605(2)(1) to add25 88 6.7.11 - RULES - BILL 1103471 cash-for-gold establishments to the2 definition of "pawnshop."3 We do handle a wide range of4 issues, don't we?5 (Witness comes forward.)6
Good morning,7 Councilman Kenney and members of the8 Rules Committee.9
I am William12 Kramer, Division Director of the13 Development and Planning Division of the14 Philadelphia City Planning Commission. I15 am here today to testify on Bill No.16 110347, which was introduced by17 Councilmember Clarke May 5th of 2011.18 Bill No. 110347 amends the19 Philadelphia Zoning Code by amending20 Section 14-1605 to, one, add cash-21 for-gold establishments to the definition22 of "pawnshop."23 The definition, as introduced,24 will read: "The purchase of personal25 89 6.7.11 - RULES - BILL 1103471 property either from an individual or2 another pawn business, with the expressed3 intent of offering the property for4 resale, including cash for gold or5 similar operations."6 The bill was introduced in7 order to regulate the new type of8 business, cash for gold, that does not9 easily fit into an existing definition.10 The language in the legislation, upon11 review by the Department of Licenses and12 Inspections, was felt to have the13 unintended consequence of applying to all14 new jewelry stores in the City.15 The staff of the Philadelphia16 City Planning Commission has worked with17 the Department of Licenses and18 Inspections to recommend a revision to19 the bill to read as follows:20 "The purchase of personal21 property either from an individual or22 another pawn business, with an expressed23 intent of offering the property for24 resale."25 90 6.7.11 - RULES - BILL 1103471 And another definition would be2 added: "The purchase of precious metals3 such as a cash-for-gold type operation,4 excluding the purchase of precious metals5 conducted at wholesale."6 The intent of the new language7 will impact stores engaging in the buying8 of precious metals for cash while9 exempting legitimate businesses engaged10 primarily in the selling of jewelry.11 The proposed amendment has been12 vetted through the City's Law Department,13 and I respectfully submit it for your14 consideration.15 At its meeting of May 17, 2011,16 the Philadelphia City Planning Commission17 considered Bill No. 110347 and18 recommended that it be approved with the19 proposed amendments.20 That concludes my testimony,21 and I'd be happy to answer any questions22 you may have.23
Thank you.24 Have you vetted the amendments25 91 6.7.11 - RULES - BILL 1103471 with the sponsor of the bill? Have you2 had a discussion with him?3
I personally have4 not, and I'm not sure if my staff did or5 not. We've had a few issue in the6 office.7
Unfortunately, we9 lost a member recently and it's made a10 bit of a mess of things.11
Okay, all12 right. Thank you for your testimony.13 Any questions for this witness?14 (No questions.)15
Is there16 anyone else to testify on this bill?17 (No response.)18
Seeing19 none, the next bill for consideration is20 Bill No. 110185, which is an ordinance21 amending the Philadelphia Zoning Maps by22 changing the zoning designation of23 certain areas of land located within the24 area bounded by Richmond Street,25 92 6.7.11 - RULES - BILL 1101851 Cumberland Street, Beach Street and2 Schirra Drive; and amending Section3 14-506 of the Philadelphia Code, entitled4 "L4-Limited Industrial District," all5 under certain terms and conditions.6 Mr. Kramer, please identify7 yourself for the record.8
Good morning,9 Councilman Kenney and members of the10 Rules Committee.11
I am William14 Kramer, Division Director of the15 Development Division of the Philadelphia16 City Planning Commission. I am here17 today to testify on Bill No. 110185,18 which was introduced into City Council19 March 10, 2011.20 Bill No. 110185 will amend the21 Philadelphia Zoning Maps by rezoning the22 area bounded by Richmond Street,23 Cumberland Street, Beach Street, and24 Schirra Drive from the existing25 93 6.7.11 - RULES - BILL 1101851 designation of G2-General Industrial to a2 proposed zoning designation of L-43 limited industrial.4 The bill also proposes to amend5 the Zoning Code so that within these6 boundaries, nightclubs and dance halls7 would be permitted and allow for parking8 to be provided onsite or within a9 thousand feet from the lot at a ratio of10 one space for every 125 square feet of11 gross floor area, with no landscaping12 required.13 The purpose of this bill is to14 allow for the rehabilitation of an15 existing 76,000-square-foot warehouse16 located at 2055 Richmond Street into an17 entertainment venue. The venue will have18 a capacity of 2600 to 3,000 people and be19 operated by Live Nation, Incorporated.20 The intent is to hold events21 such as bands, comedy shows, theater22 performances, corporate events, and23 private events. The ground floor of24 28,000 square feet will contain a box25 94 6.7.11 - RULES - BILL 1101851 office, retail store, lounge, stage,2 concession area, back of stage, and3 artist areas.4 There will also be a5 6,000-square-foot mezzanine to house a6 wraparound balcony, restrooms, additional7 concession areas, and luxury boxes.8 There will be 130 parking9 spaces onsite as well as an additional10 520 parking spaces under lease on a11 separate parcel within the area bounded12 by Richmond, Cumberland Street, Beach13 Street, and Schirra Drive.14 The Philadelphia City Planning15 Commission, at its meeting of April 19,16 2010, considered Bill No. 110185 and17 recommended that it be approved. The18 Commission views Cumberland as a line of19 demarcation between the industrial uses20 to the north and the transitioning uses21 to the south such as the entertainment22 venue proposed here.23 The proposed L4-Industrial24 zoning classification recognizes this25 95 6.7.11 - RULES - BILL 1101851 transition zone by permitting a mix of2 industrial and commercial uses.3 The City's Law Department has4 requested a technical amendment to the5 language of this bill, and I respectfully6 submit it for your consideration.7 That is the conclusion of my8 testimony. If there are any questions,9 I'd be happy to answer them.10
Thank you.15 Any questions for Mr. Kramer?16 (No questions.)17 (Witnesses come forward.)18
Please19 identify yourself for the record and20 proceed, whoever's going to offer21 testimony.22
Ronald3 Patterson, attorney with Klehr Harrison4 law firm, here on behalf of Grasso5 Holdings. With me today is David Grasso6 and Mike Grozier from Live Nation.7 This ordinance was originally8 proposed to change the zoning district9 from G2-General Industrial to10 C3-Commercial, with relief from the north11 Delaware Avenue overlay. But as we12 conferenced with the Planning Commission13 and as Mr. Kramer mentioned, it was more14 appropriate to go to L-4, which allows15 both the mix of industrial and16 commercial.17 With that in mind, it allows18 the existing industrial uses to remain on19 that block as well as allow what our20 proposed entertainment venue would be as21 well as other commercial uses.22 It also lifts the North23 Delaware Avenue Overlay to allow for the24 entertainment use, which uses are25 97 6.7.11 - RULES - BILL 1101851 permitted along this corridor, which2 Councilman DiCicco had imposed years ago3 to rid the block of so-called nightclubs.4 We seek this ordinance to allow5 for the development of a first-class6 entertainment venue run by Live Nation.7 It would have 2600 seats approximately.8 We believe that this is a9 perfect location. It's located and10 bordered to the west by I-95 and to the11 east by 30 vacant acres, which were12 recently rezoned in 2009 from G-2 to C-3.13 I don't know if there's any14 proposed development for that no-man's15 land property, but there is an existing16 permit for warehousing on the property,17 but it was rezoned to C-3. And I believe18 the owner of that property is here in19 opposition to this ordinance.20 Our entire site spans two-21 thirds of the entire block, about 1222 acres. It's bounded by Richmond Street,23 Cumberland Street, Beach Street, and24 Schirra Drive.25 98 6.7.11 - RULES - BILL 1101851 There are three lots.2 Basically, Lot 1 would be our main3 entertainment venue; it will house the4 entertainment. It's an existing building5 that would be cut back to provide for a6 front yard area to allow for drop-off and7 pickup of patrons, a box office, and some8 other commercial uses.9 It would create 34,000 square10 feet of a concert hall, that you'll see11 through our slide presentation that you12 have, that has the ability to change in13 seating based upon what type of event is14 being proposed. It's a concert hall with15 one floor and a mezzanine wrapped around.16 It is by no means a nightclub,17 as you may hear, the sense of what18 everyone has feared years ago and was the19 basis for the overlay. It is for sure an20 entertainment venue having live21 performances.22 The other two lots, one of23 which we own and the other of which we24 will lease, will add to the ability to25 99 6.7.11 - RULES - BILL 1101851 provide off-street parking to accommodate2 the facility. So in total, we have3 approximately 650 parking spaces onsite,4 off the street.5 The ordinance provides that we6 are required to provide one space for7 every 125 square feet of gross floor8 area. And based on our 34,000 square9 feet, our requirement under the code10 would be 227. And as I mentioned, we are11 providing 650 parking spaces.12 And although we haven't13 factored it in, actually, on Beach14 Street -- and we need to recognize it --15 there are approximately 250 spaces that16 are available on the street. Again, we17 didn't factor that into our operation but18 we recognize it and we would incorporate19 that into the operations.20 As to traffic circulation, we21 recognize that we are at the base of the22 I-95 interchange, and that will be23 undergoing construction. We are taking24 that into account and have designed25 100 6.7.11 - RULES - BILL 1101851 around that so that we can adopt our2 onsite traffic circulation to accommodate3 the uses.4 My Exhibit 5 also includes our5 equal opportunity plan, and you have6 other exhibits there which explain the7 project.8 With that said, I introduce9 David Grasso.10
Good morning,13 councilman Kenney and members of the14 Rules Committee.15
8 The site is ideally located in9 an area both relatively isolated yet10 extremely accessible. As you can see11 from the area photographs in your12 information package, which we presented13 to you, the neighboring properties of the14 site, include industrial uses, vacant15 commercial land, and the I-9516 interchange. 14 On a daily basis, people can be15 observed drag-racing, riding ATVs along16 the street in the vacant former Pinnacle17 site. 11 - RULES - BILL 1101851 You'll note in your packet,2 towards the end, there's a picture of the3 rear -- of Beach Street, which was taken4 this past weekend, showing a burnt-out5 car and generally a pretty uninviting6 place. 7 Not only will the proposed8 entertainment venue act to clean up the9 areas adjacent to the site, it will also10 act as a magnet, attracting additional11 commercial and entertainment uses to the12 waterfront such as restaurants and13 retail. 17 Notwithstanding that, the venue18 has been designed to be extremely19 flexible in its audience to20 configurations, allowing for different21 types of events. 11 - RULES - BILL 1101851 venue, a dinner theater, as well as other2 configurations. 10 The venue will be leased to and11 operated by Live Nation Worldwide, the12 world's leading concert-promotion and13 management company. In this region14 alone, Live Nation owns and operates the15 TLA Theater on South Street, the Tower16 Theater in Upper Darby, the Susquehanna17 Bank Center in Camden. Live Nation also18 books and operates the Festival Pier,19 which is owned by the City, at Columbus20 Boulevard and Spring Garden Street. 11 - RULES - BILL 1101851 control. 5 We feel confident that this6 amount of parking will accommodate most7 events at the venue. However, there are8 approximately 250 unregulated parking9 spaces on the neighboring Beach Street10 directly behind the property and adjacent11 to the vacant behind the venue. 16 The owner of the 30-acre former17 Pinnacle site has raised concerns over18 access to his property in the unlikely19 event that he develops his property into20 industrial uses in the near future. 16 Early in the process, the17 Commission did a traffic study to assess18 the impact of our development on the19 surrounding intersections. 11 - RULES - BILL 1101851 the level of service at the surrounding2 intersection. This is primarily due to3 the fact that the peak hours of operation4 for the venue correspond to off-peak5 times for normal traffic. 9 During the period of10 construction of the I-95 improvements,11 there will be periods of time when12 detours to the I-95 ramps will be13 initiated by PennDOT. 14 First and foremost will be the creation15 of approximately 300 new jobs. 8 Also, the project will help9 clean up a blighted and dangerous part of10 the City while attracting future positive11 development along the waterfront, which12 we believe is consistent with the13 Waterfront Master Plan. 2 The Old Richmond Civic3 Association was provided with materials4 on the venue prior to the September 28,5 2010, neighborhood meeting. 7 We participated in numerous8 community events where the venue was9 introduced to the community: Girard Fest10 in September of last year; Philadelphia11 Film and Music Festival; Lehigh Arts12 Festival. 22 This is an economic-development23 project that this part of the waterfront24 has needed for many years. 11
Thank you12 very much.13 Please identify yourself for14 the record.15
Yes. My name is16 Michael Grozier. I'm the Executive Vice17 President of Clubs and Theaters for Live18 Nation. I'm a Philly kid running amok in19 Los Angeles and am very excited to be20 back here today.21 I oversee 37 venues around the22 country; some larger, some smaller than23 the proposed Richmond site. We think24 this a great opportunity both for us and25 117 6.7.11 - RULES - BILL 1101851 for the City to continue to enhance2 Philadelphia's reputation as one of the3 greatest premier live-music cities in the4 country.5 You know, I think, as a6 founding member of House of Blues as well7 as my current role, we take great pride8 in being assets to the community. We9 work hard to be good neighbors and10 positive additions.11 As a matter of just comparison,12 we have about 460 sites at the pier --13 excuse me, about 460 parking spots at the14 pier for 6,000 people, so we -- or at the15 Festival Pier, excuse me. So I think the16 parking situation is a tremendous one.17 The barrier with 95, I think, is also a18 great asset to this project.19 And we think that, you know, we20 would be great partners with the City and21 great partners with the neighborhood and22 look forward to the opportunity to prove23 that to you in the future.24
Thank you25 118 6.7.11 - RULES - BILL 1101851 for your testimony.2 Councilman Greenlee.3
Thank4 you, Mr. Chairman. Just a couple quick5 questions here just so I'm clear on6 something.7 Mr. Kramer, I know you said in8 your testimony that the bill also9 proposes to amend the Zoning Code. So10 within these boundaries, nightclubs and11 dance halls would be permitted. And I12 know the description of this is that it's13 not a nightclub.14 But nightclubs would be how15 allowed in this zoning classification?16
The way the bill17 was constructed, it would do in fact18 that.19
Yeah. William25 119 6.7.11 - RULES - BILL 1101851 Kramer, Division Director of Development2 and Planning for the Planning Commission3 of the City of Philadelphia.4 The reason for this is, there's5 no definition for "entertainment venue"6 as a different -- or a differentiated use7 in the code.8
Therefore, when10 this would be presented to the Department11 of Licenses and Inspections for permits,12 it would be classified as a nightclub13 entertainment venue. There is no14 distinction between the two.15 So technically, in order to16 grant relief, you have to then -- yes,17 it's a risk that that's a possibility,18 but the proposal on the table is what it19 is.20
I21 understand, mm-hmm, okay. I just wanted22 to be clear.23 And one other thing, and maybe24 the Councilman can answer this. I see25 120 6.7.11 - RULES - BILL 1101851 just on looking at this one neighborhood2 zoning and uses and I'm looking -- I'm3 trying to figure out where the closest4 residence would be to this.5 And I know everything is on the6 other side of 95; I understand that.7 COUNCILMAN DiCICCO: If memory8 serves me correct, I think it was 9009 feet to the rear of the closest10 residence, which is on the other side of11 I-95.12
All13 right. Is that like Salmon Street there?14 I'm just trying to...15 COUNCILMAN DiCICCO: Yeah, I16 think it's Salmon.17
Councilman --20 COUNCILMAN DiCICCO: Is that21 accurate, Mr. Patterson?22
I think it's23 about a thousand feet.24 I just wanted to mention, you25 121 6.7.11 - RULES - BILL 1101851 know, this issue about a nightclub.2
In order to try7 and narrow and close that box, we, in8 conjunction with Councilman DiCicco,9 prepared a developments agreement that10 hopefully would narrow that -- the11 ability to use the property so that it's12 an entertainment venue and doesn't go13 beyond that.14
Councilman18 DiCicco.19 COUNCILMAN DiCICCO: Thank you,20 Mr. Chairman.21 I think as -- in addition to22 that, Mr. Patterson, did we not talk23 about a conditional license as part of24 that benefit agreement?25 122 6.7.11 - RULES - BILL 1101851
Yes, we did, a2 conditional licensing agreement that3 would be attached to and made part of the4 LCB license.5 COUNCILMAN DiCICCO: Which6 means if they decided to change the use7 from what is being proposed, they would8 have to go through that entire9 reapplication process for a liquor10 license all over again.11
So it's two12 levels of --13 COUNCILMAN DiCICCO: Yeah, and14 that's something that's been very15 successful in Old City and other places16 where we've had some issues in the past.17 I just have a question, and I18 know it's going to come up, I believe,19 with Mr. Anderson, who came to see me a20 few weeks ago about the on-street21 parking, the 250 or so spaces.22 Are they essential to your23 development project?24
They are not25 123 6.7.11 - RULES - BILL 1101851 essential; they're overflow.2 COUNCILMAN DiCICCO: All right.3 And that came about -- that decision for4 possibly providing for on-street parking5 came as a result of your conversations6 with the Planning Commission, Streets7 Department? How did that all come about?8
Well, the way it9 began was -- I mean, the parking is10 there, and people are going to use it.11 You know, there's no -- it's a public12 street, and I don't have the ability to13 restrict people from using that parking.14 So we figure we might as -- we15 better clean it up and make sure it's16 safe. And that's what -- that's how it17 began -- the discussions began with the18 Streets Department and the Parking19 Authority.20 COUNCILMAN DiCICCO: Yeah. I21 just want to establish that it is a22 public street; there are no parking23 restrictions currently.24
None.25 124 6.7.11 - RULES - BILL 1101851 COUNCILMAN DiCICCO: So if2 anyone wanted to parking there, even3 today, they can park there.4
That's correct.6 And we also explored different parking7 configurations, whether they be parallel8 or angle parking.9 COUNCILMAN DiCICCO: Yeah. I'm10 familiar with that configuration.11 Did the Planning Commission12 have any -- I spoke to Alan Greenberger13 last night about that on-street parking.14 Would you, just for the record --15
Yes, we have.16 William Kramer again, Division Director17 of Planning.18 The discussions that have held19 with regards to this have indicated to20 the Commission that this parking does21 exist. However, I would add that in22 terms of evaluation from the zoning23 perspective, zoning sort of ends at the24 property lines, and then the streets25 125 6.7.11 - RULES - BILL 1101851 lines are a whole different animal2 covered under the Streets Code and3 subsequently not a part of the4 consideration for providing parking.5 So we don't on a technical6 level consider it, but we recognize that7 it's there, and we did present it to the8 Commission as such. Mr. Greenberger and9 I did discuss this yesterday. There are10 some concerns about, as the gentlemen11 pointed out, cleaning it up, lighting it,12 making sure that that happens.13 And the possibility exists --14 and that would come under the15 jurisdiction of the Streets Department in16 terms of setting whatever restrictions17 may be needed or not.18 At the moment, it is a public,19 open street.20 COUNCILMAN DiCICCO: Okay.21 Thank you.22 I don't believe I have any23 other questions, Mr. Chairman, at this24 time.25 126 6.7.11 - RULES - BILL 1101851
Thank you2 very much.3 Any more questions for these4 witnesses?5 Councilmember Clarke.6
Thank you7 Mr. Chairman.8 Good afternoon. Good morning.9 A couple of questions --10 actually, several.11 First, Mr. Grasso, thank you12 for continue to be willing to develop in13 the City of Philadelphia. You know, you14 and I know each other from other projects15 that you've worked on.16 But I find myself again in a17 situation where there's a development18 that's in Councilman DiCicco's district19 whom we border, and a number of the20 residents live in the district that I21 represent; in this case, on the other22 side of I-95.23 And so, I find myself in it in24 a little different level than some of the25 127 6.7.11 - RULES - BILL 1101851 other Councilmembers on this committee,2 so I have to ask some questions with3 respects to its impact.4 During the course of the casino5 debate, you know, I was intimately6 involved with my colleague and friend7 Councilman DiCicco because of the8 closeness of the development to the9 site -- not to suggest that, one, this is10 a development that's of the size and11 magnitude of the casino; it's clearly not12 going to make as much money as the13 casino, and I know you wish it would.14 But as a result of that project15 when we did the casino, there was a group16 put together that involved community17 people, community groups, individuals,18 and City folks that dealt with traffic,19 police; I see the captain here.20 That group put people at a --21 somewhat at a comfort level because we22 knew, during the course of the planning23 and then subsequently the construction24 and then the operation, that there would25 128 6.7.11 - RULES - BILL 1101851 be some ongoing discussion as it related2 to its impact on the local community.3 So my first question is: Has4 something like that been put together or5 been discussed, that there would be some6 level of an entity that would walk us7 through this process on a very, very8 local level?9
When we met --10 when I met with the Fishtown Neighbors11 Association, that was one of the things I12 proposed, was to form a group, a13 coalition, if you will, of myself, the14 venue manager, the local police captain,15 representatives from all of the affected16 neighborhood groups. And I proposed it,17 and no one seemed to be interested in it.18
I guess I19 would have to ask the Councilperson.20 COUNCILMAN DiCICCO: I was at a21 number of the meetings that Mr. Grasso22 spoke to earlier at the onset of this23 bill back in May or June of last year.24 And there was one meeting that25 129 6.7.11 - RULES - BILL 1101851 took place, and I think it may have been2 either the Fishtown Neighbors or the3 Girard Coalition, a place in a church on4 Girard Avenue. And that was proposed5 that night.6 What happened was, there was a7 vote that was taken. And unless I'm8 totally inaccurate here, there was a vote9 that was taken by the folks who attended10 that meeting to either support or not11 support this project.12 Well over a hundred people were13 there, if memory serves me correct.14 There was no sign-in sheet; people just15 came in. We had no way of knowing where16 those folks lived. I know some of them17 personally live in Port Richmond because18 I happen to know them, but there were19 many people who I did not know or20 recognize.21 At the end of the meeting,22 after all of these proposals and23 conditions which the applicant was24 willing to put to paper, pen to paper, a25 130 6.7.11 - RULES - BILL 1101851 vote was taken. And it was 59 people in2 favor -- opposed to the project and 393 against [sic].4 During the course of the5 meeting, at least, at least 30 people6 left before even voting. I can interpret7 that as though they didn't care; maybe8 they supported and maybe they didn't.9 So my point is that it was10 never done in my opinion in a scientific11 way.12 And I think you all know that13 I'm a process person. I take a lot of14 time with legislation, in particular when15 it impacts communities.16 This bill was introduced March17 of last year, which is well over a year18 ago. More recently, I did a hotel19 development at Fourth and Race, which was20 over two years, before we were able to21 get the legislation through Council.22 And I say that because when I23 asked the question of one of the24 representatives -- I believe it was the25 131 6.7.11 - RULES - BILL 1101851 Fishtown Neighbors -- do you have -- does2 Fishtown Neighbors have a zoning3 committee? because, as you know, many of4 the civics have various committees. His5 answer was no, they just do everything at6 a general membership meeting.7 Now, I'm not condemning that,8 but it's hard to get a sense of who was9 in that room voting when you don't have10 the civic association who is taking a11 major interest, sitting there with the12 zoning committee to make a recommendation13 to the general membership.14 So, again, I -- there could15 have been people who were part of the 59,16 or even the 39, who may have lived ten17 miles away, or maybe they didn't live18 anywhere close.19 So it's a long answer to your20 question. I tried to get the folks to21 understand that there are ways in which22 we can give them protections; the23 community benefits agreement, I think, is24 that. And I have not gotten a signal to25 132 6.7.11 - RULES - BILL 1101851 do that.2 I am actually on my own,3 encouraged the developer and his attorney4 to prepare a community benefits agreement5 because I do think that they do need6 something in that community to give them7 some level of comfort.8
Thank you,9 Councilman.10 That wasn't quite the answer to11 my question. The question was: Is there12 a group formed, be it an advisory council13 or an oversight committee, that is14 comprised of Fishtown Neighbors15 Kensington South --16 COUNCILMAN DiCICCO: That never17 came out.18 (Indiscernible; parties talking19 over each other.)20
But I'm21 saying that's --22 COUNCILMAN DiCICCO: I23 understand what your question is, but it24 never came about because we couldn't get25 133 6.7.11 - RULES - BILL 1101851 an agreement for support or even have2 that conversation; we could never get3 there.4 This vote was taken; I think it5 was either September --6
September.7 COUNCILMAN DiCICCO: In8 September. We don't want it. So there9 was no other discussion that I was able10 to engage in.11 I have not gotten a call from12 any of the political leaders or anybody13 in those communities to say, We may be14 against this, but tell us what this15 community benefit agreement would do for16 us, or could do for us.17 I was never able to get to that18 level of conversation.19
So it20 sounds as if you're saying -- I want to21 make sure I understand what you're22 saying.23 I know you referenced the one24 meeting, which we talked about earlier.25 134 6.7.11 - RULES - BILL 1101851 COUNCILMAN DiCICCO: Well,2 actually, I've been to a few of them, but3 --4
So what5 you're saying is that you were not in a6 position -- you or whomever was not in a7 position to form such an oversight8 committee just based on the fact that the9 community groups or individuals did not10 support the project.11 COUNCILMAN DiCICCO: Yeah.12 Well, again, I only can go by that13 September meeting that was conducted14 by -- I think it was Fishtown Neighbors;15 if not, it was the Girard Coalition. We16 don't want it all. And all discussion at17 that point ended.18 And the only discussions I've19 had are with Mr. Grasso and his attorney20 over the last -- since last September21 about how we can tweak this. Do you have22 enough parking? Show me where you're23 going to have on- and offsite parking,24 doing the work that normally would be25 135 6.7.11 - RULES - BILL 1101851 done in conjunction with a civic2 associations or a group, a coalition of3 civics. Never had that opportunity.4
And we're open to5 such a coalition, and we have been from6 the beginning. We've made that clear.7
Yeah. I8 mean, I'm -- you know, I -- actually, I9 think it's a nice proposal.10 I don't live there, you know,11 but I do represent people that live in12 proximity, and I'm going to be supportive13 of the people that I represent.14
So on the16 record, it sounds as if the reason for17 not forming such a coalition is because18 there was no community support, so I'm19 kind of hard-pressed to say, Okay, I20 support it.21
I mean, I'm24 hearing mixed --25 136 6.7.11 - RULES - BILL 1101851
There was support2 and non-support. It just so happened3 that the individuals who are leading4 those community groups didn't support it5 and --6 COUNCILMAN DiCICCO: Correct.7
-- they chose on8 the their own volition to not engage in9 the process. I think it's a leadership10 issue rather than a community issue.11
I'm kind of12 confused 'cause I'm hearing the13 Councilman saying one thing and --14 COUNCILMAN DiCICCO: Well, no.15 I think we're both saying the same thing.16 I --17 (Indiscernible; parties talking18 over each other.)19