- - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 2004, 9:40 a.m. - - - BILL 040868 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rhawn Street, Leonard Street, Loney Street and The Roosevelt Boulevard. BILL 040999 - An Ordinance amending Title of 10 The Philadelphia Code, entitled "Zoning and Planning," by deleting and no longer permitting 11 the preparation and retail sale of food for consumption off premises as an accessory use in 12 the C-2 commercial district; by amending the definition of a restaurant; by amending Area 13 Shopping Center District to permit take-out restaurants; and by making certain technical 14 changes, all under certain terms and conditions. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DI CICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 040868 & 040999 - Rules - 12/9/04 - - - P R O C E E D I N G S - - -
Good morning, everyone. This is the Committee of the Rules public hearing. I would ask Mr. McPherson to please read the title of Bill Number 040868. 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 Rhawn Street, Leonard Street, Loney Street and The Roosevelt Boulevard.
Good morning. Kindly identify yourself for the record and proceed with your testimony.
My name is William Kramer. I am the Senior Zoning Planner for the Development Planning Division of the City Planning Commission, and I'm here today to testify on Bill 040868. Councilman Mariano introduced this Bill on October 7, 2004. 3 040868 & 040999 - Rules - 12/9/04 Bill 040868 amends the Philadelphia Zoning Maps by changing the zoning of the portions of the area bounded by Rhawn Street, The Roosevelt Boulevard, Loney Street and Leonard Street. This rezoning would change the zoning of a portion of this block from the current R-10 residential designation to a designation of C-7 commercial. This site is approximately 16,000 square feet, and formerly was the location of The Boulevard Nursing Home. The existing structure has been vacant for some time and has suffered extensive damage from a fire. The owner would like to have the zoning designation changed, to be consistent with the other properties fronting along this section of Roosevelt Boulevard, so that the property may be redeveloped, with a use that is compatible and consistent with existing land uses on the block. This site is located between a car wash and a used car dealership. 4 040868 & 040999 - Rules - 12/9/04 The Planning Commission has not considered this Bill at this time. It is scheduled to be reviewed by the Commission at its next meeting on December 14, 2004. That concludes my testimony. I would be happy to answer any questions from the Committee.
Mr. Kramer, it sounds as though the City Planning Commission is going to have a very lengthy day of meetings on December 14th.
And I will be making those of most presentations, Madam President.
It seems that every Bill that we've heard this week --
-- we're told there's no recommendation from the Planning Commission because they're not meeting until the 14th. I will reiterate what I said the other day. I truly believe that when a Bill 24 is introduced, the City Planning Commission should be considering it then, rather than 5 040868 & 040999 - Rules - 12/9/04 our scheduling it for a hearing and not knowing what the recommendation is. Mr. Kramer, do you know if, in fact, the property owner has any development plans for this site? And if so, what are they?
I have spoken with a representative of the owner of this particular property. At the present time they don't have specific building plans or any kind of development plans. Exactly what they want to do is demolish the existing structure that's there, primarily because of the fire damage, and reutilize it as a parking facility for a temporary period of time. How long, they don't really know. They want to send out feelers and see what other kind of development they may be able to generate. But they wanted to go in the line that is consistent with the other commercial classifications on either side of the property. On the Boulevard they didn't believe that the R-10 classification would be 6 040868 & 040999 - Rules - 12/9/04 appropriate. And at 16,000 square feet, the site was not large enough to facilitate a residential or a nursing type facility on that site.
Thank you. The Chair recognizes Councilman O'Neill.
Just a question on the neighbors of this site. It sits on the Boulevard. I understand that. And I understand it's between a car wash and a used car dealership. But this site also seems to go back to the residential street, Leonard. And I'm just wondering what potential impact this has on that residential neighborhood. Are there houses back there? Are there more car washes?
There are houses on Leonard Street, that face on Leonard Street. I believe that... I'm not positive, but I believe the rear of those houses faces this street. I may be wrong, but I believe it is the rear of the Leonard. 7 040868 & 040999 - Rules - 12/9/04 Leonard Street is the rear of the houses that face -- And I don't know the street beyond it, but I -- that's what I believe it to be.
I've been in the nursing home, more than once, actually. But I don't remember what was behind it.
I do know it's houses. Whether I -- What I don't know is whether they're --
You tell us about -- I'm just trying to get a picture. You tell us about the two neighbors on the Boulevard.
Are there two residential neighbors on Leonard Street, besides the ones that might be across the 8 040868 & 040999 - Rules - 12/9/04 street?
The properties continue right from the Boulevard to Leonard. Both the car wash and the commercial business on Rhawn Street go from the Boulevard to Leonard Street. Across Leonard Street is the... On Leonard Street being the other portion of the block is the rear drive, with the rear of the properties that are residential that face along Leonard Street. But the drive itself would appear from aerials to be -- also looks like a City street, although it is not. It is a right-of-way driveway. It's rear drives that come along the back, so there is a cushion or a buffer, if you will, between the car wash and this nursing home, and the dealership, between those and the existing residential community. And this is now... As I understand 9 040868 & 040999 - Rules - 12/9/04 it, the nursing home is also having other problems, with people using it that aren't supposed to be in there. And the neighbors have been complaining and want to have the building torn down.
Yes, a common rear driveway for the residential component. But that is not a common easement for either of the commercial uses that exist on the property.
If they go all the way back to Leonard -- If this property goes all the way back to Leonard --
I'm sorry. I misspoke. It goes back to the right-of-way of the driveway. Leonard Street is the... Leonard Street is the residential properties that are zoned...
Right, but you say bound by Leonard Street. That's my concern. It would actually be some feet, some number of feet, from Leonard Street, 10 040868 & 040999 - Rules - 12/9/04 right, behind the homes? The homes front on Leonard and back up on this driveway, right?
Right. The homes that front on Leonard Street have a depth of 96 feet. So, they're a hundred foot --
The Bill goes to Leonard Street. That's in the title. And the entire block was considered in the Bill.
They will stay residential. The only thing that changes is... If Map A is the existing zoning map, there is a portion of this map that is zoned R9-A that is 96 feet in depth from Leonard Street --
-- heading towards the 11 040868 & 040999 - Rules - 12/9/04 Boulevard, that runs from Loney Street to 125 feet from Rhawn Street.
That's going to stay R-9A. The only thing that will change is the portion of this that is R-10 that fronts along the Boulevard. It's 160 foot in depth -- in width along the Boulevard, and a hundred feet in depth from the Boulevard towards Leonard Street.
Thank you. Are there any further questions of Mr. Kramer? The Chair recognizes Councilman Clarke. 12 040868 & 040999 - Rules - 12/9/04
One brief question. With respects to the Council President's earlier statements, voicing our concern about the Planning Commission not having had any recommendations on virtually all of the bills that we've heard over the last week, you've indicated that on December 14th you will be taking up those bills on your agenda?
Will you be able to provide the outcome of those recommendations or opposition prior to the 16th, which is our last session?
So we'll have that in writing? 13 040868 & 040999 - Rules - 12/9/04
Thank you. Any further questions or comments? The Chair recognizes Councilman Kelly.
Yeah. Mr. Chapman, I just want to know, who owns that property that we're changing the zoning on, just that area that we're changing from R-10?
I cannot say that I know the ownership, in that I did not check legal ownership. But the request for the change came from a Met Management, Incorporated. It is a Michael Anzaione was the president of that organization.
It's Met Management, Incorporated. And the gentleman is Michael Anzaione, A-n-z-a-i-o-n-e, is the gentleman who's the president of that management corporation.
Thank you very much. Are there any other questions or comments from members of the Committee? (No response.)
Thank you very much. Do we have anyone else to testify on this Bill? (No response.)
Seeing none, I would ask Mr. McPherson to please read the title of Bill Number 040999. MR. McPHERSON: An Ordinance 16 amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by deleting and no longer permitting the preparation and retail sale of food for consumption off premises as an accessory use in the C-2 commercial district; by amending the definition of a restaurant; by amending Area Shopping Center District to permit take-out restaurants; and by making certain technical changes, all under certain terms and 15 040868 & 040999 - Rules - 12/9/04 conditions.
Good morning, Madam President, and members of the Rules Committee. My name is William Kramer. I am the Senior Zoning Planner for the City of Philadelphia Planning Commission. And I'm here today to testify on Bill 040999. Council members Miller, Tasco, Mariano, Clarke and DiCicco introduced this Bill on November 18, 2004. Bill 040999 amends the Philadelphia Zoning Code by changing a number of provisions related to restaurants and take-out food in commercial districts. It amends the definition of restaurant by adding language specifying that a restaurant must serve food and beverages on non-disposable wear for consumption on the premises with a minimum of 30 seats. This amendment is an attempt to address a problem with applications filed with the Department of Licenses and 16 040868 & 040999 - Rules - 12/9/04 Inspections, that purport to be sit-down restaurants that in reality are take-out restaurants. The Bill also attempts to address inconsistency in the Code that seem to permit take-out food in one paragraph with a C-2 commercial classification, while prohibiting it in another paragraph. The Department of Licenses and Inspections has interpreted these provisions as requiring all take-out food businesses need the approval of the Zoning Board of Adjustment, and has applied this Code interpretation in this manner for several years. This Bill also amends the provisions of the ASC or area shopping center commercial classification by permitting take-out restaurants as a matter of right. Currently this use is not permitted in the ASC classification. The Planning Commission has not considered the Bill at this time, and it is scheduled to be reviewed by the Commission at 17 040868 & 040999 - Rules - 12/9/04 its next meeting of December 14, 2004. That concludes my testimony. I would be happy to answer any questions from the Committee.
Mr. Kramer, in your opinion is there anything about this Bill that would provide concerns for the Planning Commission?
No, ma'am. The staff recommendation with regard to this Bill is for approval.
Thank you. The Chair recognizes Councilman O'Neill.
Madam Chair, this is the first time I've seen the area shopping center part of this Bill. And I just would ask the sponsor and sponsors if... I have a lot of area shopping center in my District. And without going out to different community groups that deal with the zoning in there, oftentimes it's not just an evaluation of the request for the take-out that has to 18 040868 & 040999 - Rules - 12/9/04 come to them, but it's a chance for them to review other problems because there's often these area shopping centers -- I have one up the street from me, that backs up to a series of row homes. There's a lot of, you know, sort of shopping center versus residential issues. And I would just ask that if it can't be held or deleted, if there's an urgent reason on the area shopping center part of this, that I would exclude my -- do an overlay to exclude my District. I'm not trying to stop progress, but it wouldn't... It's not something I can support. I don't want to speak for anything outside of my District.
Well, The Bill 19 does allow restaurants, drive-throughs and take-out windows as a matter of right in area shopping centers.
It's amending it to allow that, correct? It says in the title, by amending shopping center district to permit take-out 19 040868 & 040999 - Rules - 12/9/04 restaurants. That would mean --
By the Bill itself, in an area shopping center already permitted are restaurant, cafe, catering, or soda or ice cream fountain, including outdoor dining areas. Language being added would be restaurants serving patrons who remain in their automobiles, take-out restaurant, delicatessen, and restaurant, cafe or soda fountain, which dispenses food at retail through a window or aperture --
That's a huge change, the drive-through aspect, in a area shopping center. So, it's not permitted today. We would be permiting it, without anyone having to go to the community or to the Zoning Board. And again, I don't want to speak for 20 040868 & 040999 - Rules - 12/9/04 any other District. I just... I might go to five or six meetings sometime a month on these things. It's going to come up. Where were you, O'Neil, kind of questions. And I've been on the wrong side of that a few times where I missed it. I would just ask if I could overlay it or we could delay it or remove. I don't know how pressing it is...
...to have drive-throughs in shopping centers no longer have to go to the community for approval.
It's not pressing. The intention of this Bill was to improve quality of life of residential areas where these take-outs are just popping up with two seats, and then they go --
-- a hundred 21 040868 & 040999 - Rules - 12/9/04 percent behind the sponsors on this.
We don't have a problem removing that, Brian, not at all.
It's my understanding -- Mr. Kramer, why don't you just sit there, just in the event we have another question -- we have someone from Licenses & Inspections to testify? Good morning. Kindly identify yourself for the record and proceed with your testimony.
Good morning, Madam President, and members of the Rules Committee. 22 040868 & 040999 - Rules - 12/9/04 My name is David Perry. I'm the Chief Code Official for the Department of Licenses and Inspections. And with me today is Otis Haigler, who's our Manager of Regulatory Affairs.
Council President, no, we do not have prepared testimony. We were just here to support the Bill, and if there's any questions that you had of the department, related to operational issues of the Bill, we would be glad to answer those questions at this time.
Thank you. Are there questions from members of the Committee? Chair recognizes Councilman Clarke.
Thank you, Madam President. In the provision, the amendment that allows as of right take-out area shopping centers, why is the Department of Licenses & Inspections recommending that or are you 23 040868 & 040999 - Rules - 12/9/04 recommending that?
Well, we put it in there because that's where you typically find most of the take-out type restaurants in the City in the first place. The McDonald's, the Burger King's, the large type accomplishments are typically found in area shopping centers. We felt it would be appropriate that those would be issued as a matter of right.
So currently they all have to go to Zoning on an individual basis, right?
I believe when they proposed the drive-through, they would go to the Zoning Board on an individual basis.
So the old saying is, if it's not broke, why fix it? I mean...
Well, in discussing it, we were looking to try to find a category in 24 040868 & 040999 - Rules - 12/9/04 which take-out restaurants would be permitted. I mean, we wouldn't have an objection if it was deleted back out of the area shopping center. It doesn't matter to us.
Thank you. Any other questions or comments from members of the Committee? (No response.)
Do we have anyone else to testify on this Bill? Yes, sir.
Yes, Council President. There is an amendment that we had given to Councilwoman Miller to better define exactly what a take-out restaurant is. And I believe that will be read into the record at some point and voted on. So, we just wanted to make mention of that. You wanted me to explain what the 25 040868 & 040999 - Rules - 12/9/04 amendment is?
All right. The amendment would read, restaurant take-out. The use engaged in the preparation, retail sale of food and beverages which serves foods and/or beverages in disposable packaging and/or containers for consumption by patrons on or off the premises, including but not limited to delicatessens and/or a restaurant with 29 or less seats. The proposed amendment is adding the language, and/or restaurant with 29 or less seats. The reason for the proposed amendment is if you do have a small, legitimate restaurant, we feel that they should go to the Zoning Board for a certificated use rather than a variance. So this language would make it somewhat easier for a legitimate eat-in restaurant that has less than 30 seats, to obtain the necessary approvals. 040868 & 040999 - Rules - 12/9/04
Yes. Thank you. You know, we, of course, discussed this amendment. And I agree that we're not trying to hurt small, legitimate restaurants. We just want to be able to prevent those restaurants or those establishments that prepare their restaurant. However, again, you know, they have two seats; apply for liquor license, et cetera, that are popping up in our neighborhoods. So, you flow, I agree that this is a good amendment because we are absolutely not trying to hurt small legitimate restaurants.
Thank you. Do we have anyone else to testify on this Bill? (No response.)
Seeing 27 040868 & 040999 - Rules - 12/9/04 none, this will conclude our public hearing. (Deposition concluded at 9:57 a.m.) 28 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 2004, 9:57 a.m. - - - BILL 040868 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rhawn Street, Leonard Street, Loney Street and The Roosevelt Boulevard. BILL 040999 - An Ordinance amending Title of 10 The Philadelphia Code, entitled "Zoning and Planning," by deleting and no longer permitting 11 the preparation and retail sale of food for consumption off premises as an accessory use in 12 the C-2 commercial district; by amending the definition of a restaurant; by amending Area 13 Shopping Center District to permit take-out restaurants; and by making certain technical 14 changes, all under certain terms and conditions. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DI CICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 29 040868 & 040999 - Rules - 12/9/04 - - - P R O C E E D I N G S - - -
We will now go into our public meeting. And the Chair recognizes Councilman Clarke, regarding Bill Number 040999. In fact, we're going to do the first Bill that we heard, Bill Number 040868. And again I recognize Councilman Clarke.
Thank you, Madam President. Madam President, I move that Bill 16 Number 040868 be reported out of Committee with a favorable recommendation and a request for rule suspension as to allow reading at the next session of Council. UNIDENTIFIED COUNCIL MEMBER: Second.
It has been moved and seconded that Bill Number 040868 be reported out of Committee with a favorable recommendation; also a 30 040868 & 040999 - Rules - 12/9/04 recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller, regarding Bill Number 040999.
Thank you, Madam President. I move that Bill Number 040999 be amended. The amendments have been read into the record. And we have two amendments to this Bill. One is a deletion that Item G be deleted from the Bill. That deals with the area shopping centers.
We have to 31 040868 & 040999 - Rules - 12/9/04 amend the title?
Yeah. And after commercial district in line four, I believe the semicolon becomes a period.
Right. Okay. 32 040868 & 040999 - Rules - 12/9/04 Yes. 14-309, area shopping center. Use regulations, item G would be deleted.
Okay. I understand. It's not going to change anything in the Code.
-- the amendments. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the amendments are adopted. The Chair again recognizes Councilwoman Miller.
Thank you, Madam President. I move that Bill Number 040999 as amended be reported out of this Committee 33 040868 & 040999 - Rules - 12/9/04 with a favorable recommendation; and further move that the rules of Council be suspended so as to permit first reading at today's session. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Bill Number 040999 be reported out of Committee with a favorable recommendation, as amended; and further, that the rules of Council be suspended so as to permit first reading of this Bill at our next session of Council. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. (Public meeting concluded at 10:00 a.m.) 34 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing and public meeting of The Philadelphia City Council, taken on December 9, 2004, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)