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Minutes

Committee Hearing, March 13, 2006

Philadelphia City Council Committee HearingsMar 13, 2006

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The Clerk

Bill No. 060117: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by Bustleton Avenue, Fulmer Street, a railroad right-of-way, and Grant Avenue.

Council President Verna

Please identify yourself and proceed with your testimony.

Mr. Kramer

Good morning, Madam President, members of the Rules Committee. My name is William Kramer. I am the senior zoning planner in the development planning division of the City Planning Commission. I am here to testify on Bill 060117. This bill was introduced by Councilmember O'Neill February 16 of 2006. This bill is a 49 Committee on Rules - 3/13/06 zoning and mapping bill for the Bustleton area of the city. It covers approximately 33 acres of land bounded by Bustleton Avenue, Fulmer Street, a railroad right-of-way, and Grant Avenue. The area is primarily zoned R-4 for residential with certain properties maintaining a commercial designation along the major streets in the area. The commercial designations will remain the same under the provisions of this ordinance. This bill will rezone a majority of the residential properties to a designation of either R-1 or R-2 in order to restrict their ability to be subdivided as a matter of right. This bill is scheduled to be considered at the Planning Commission's next meeting of March 16, 2006. I would be happy to answer any questions of the committee.

Council President Verna

Are there any proposals for development under the existing zoning?

Mr. Kramer

No, ma'am, at 50 Committee on Rules - 3/13/06 least none that I'm aware of.

Council President Verna

Is there any developer who wishes to build here based on the proposal zoning changes? If so, who and for what purpose?

Mr. Kramer

I have no seen no 9 plans for any development. There may be there outstanding, but they have not come to my office as yet.

Council President Verna

Does anyone have any questions of Mr. Kramer? The Chair recognizes Councilman O'Neill.

Councilman O'Neill

No 17 questions. This is a small area of Bustleton. We just did a very large area of Bustleton recently and there's one large area left. And this is actually a bill to upgrade the zoning to dissuade developers from coming in here and tearing down houses and sort of ruining the neighborhood. It's been going on in Bustleton and Somerton for a while now. 51 Committee on Rules - 3/13/06 There's only about 20, homes in this little area and they have been just bombarded with developers banging on their door trying to put parcels together. And Mrs. Ortiz, who's here to testify, really has done a yeoman's job of keeping in touch with my office, letting us know what developers are doing and trying to hurry us along with the process, but she also instead of having a massive meeting of the civic association that would have delayed us more just went right to the people. There's only 15 houses. They all signed the petition 16 that Ms. Ortiz circulated and everyone's 17 in total approval of this remapping. But 18 I'll let her state that for the record. 19

Council President Verna

Thank 20 you. 21 Good morning, Ms. Ortiz. 22 Please identify yourself.

Ms. Ortiz

Good morning, Honorable Councilmembers. My name is Isabel Ortiz. I currently reside at 9636 52 Committee on Rules - 3/13/06 Banes Street, Philadelphia, PA 19115. I am here to testify in favor of Bill 4 060117. My property's currently zoned R-5 and I understand with the remapping it will either be R-1 or R-2. I strongly believe that when this process takes place it will prevent the onslaught of developers who have knocked at my door with no exaggeration at least every other Saturday or Sunday encouraging me to sell my property. My property is a corner property. It currently is 170 by 46 and a half with 30 feet of city street that I have occupied for the past years, so 16 basically it's 170 by 80. And they have 17 encouraged me to sell to them my 18 Victorian house I have worked so hard to 19 restore back to its original decor. It 20 is dated back to 1854. They have, 21 quote/unquote, told me that if the remapping goes through, my property will become devalued. I have corrected them. I think it's a poor choice of words. I strongly believe my property will always 53 Committee on Rules - 3/13/06 be worth what the market will bear. For individuals who work for the City of Philadelphia, policemen, firemen, Gas Company, et cetera, that have to live within the city and enjoy living in the city and all the amenities that the city has to offer, it's a wonderful place to live. Parking's never an issue. If you enjoy wildlife, if you enjoy the fact that there is space around you. To encourage me to sell my property so that they can knock it down and subdivide it and put as many properties that would be allowable under the R-4, I think there needs to be a stop to it. All my residents -- all the neighbors within my small community, which is from Banes to Pearson, Bustleton, and to the railroad tracks wholeheartedly believe a stop needs to be put to this. So again I'm here to testify for myself and the rest of the community that we've in favor of the this remapping in the bill.

Council President Verna

Thank 54 Committee on Rules - 3/13/06 you very much. Are there questions or comments from members of the committee?

Councilman O'Neill

I may have forgotten to thank Ms. Ortiz publicly, but she really did a whole lot of work on this. Thank you.

Council President Verna

Thank you for coming in. Thank you. Mr. Kramer, I did not hear you or the sponsor ask for a suspension.

Councilman O'Neill

I will ask for a suspension of the rules.

Council President Verna

I would ask Mr. McPherson to please read the title of Bill No. 060044.

The Clerk

Bill No. 060044: An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by I-95 Expressway, Island Avenue, and the County Line, also known as the Philadelphia International Airport. 55 Committee on Rules - 3/13/06

Mr. Kramer

Good morning, Madam President, members of the Rules Committee. My name is William Kramer. I am the senior zoning planner in the development planning division of the City Planning Commission. I am here today to testify on Bill 060044. This bill was introduced by Councilmember Blackwell for February 2 of 2006. This bill would change the zoning from its current zoning to partly L-5 to partly G-2 general industrial and partly C-2 commercial. This zoning consolidation will allow for the extension of runway 17-35, which is required for the economic well-being and continued economic growth of the airport. The Planning Commission at its meeting of February 16, 2006, considered this bill and recommended that Bill No. 21 060044 be approved. I would be happy to answer any questions.

Council President Verna

Thank you. I would ask that you remain at the witness table. And if Mr. Isdell is 56 Committee on Rules - 3/13/06 here, I'd like him to approach the witness table, please. Good morning, welcome. Please identify yourself for the record and proceed with your testimony.

Mr. Isdell

Good morning, Madam Chair and members of the committee. I am Charles Isdell, director of aviation for the City of Philadelphia. City Council previously passed Bill No. 12 051140, which permitted the closure of State Route 291 as part of the runway 17-35 extension project at Philadelphia International Airport, which will require the relocation of the runway safety area connecting taxiways, navigational aids, lights, and parking facilities as well as associated utilities. Bill No. 060044 will change the zoning designation for the area of intended construction to least restricted. This will achieve a substantial saving of time and city resources by eliminating the necessity of filing several zoning variance requests 57 Committee on Rules - 3/13/06 to accomplish the intended result. In order to maintain the tight construction schedule for the runway extension, I urge the committee to approve the change in zoning designation to least restricted. And I'll be happy to answer any questions you may have.

Council President Verna

Thank you very much. Mr. Isdell, is all of the land that is to be rezoned under the control of the airport?

Mr. Isdell

Yes, it is.

Council President Verna

It is? If the land is not controlled by the City, but you say it is, my question was going to be, will the proposed changes affect any private development at the airport? But it will not?

Council President Verna

When is the runway extension project supposed to be completed?

Mr. Isdell

By December 31, 2007. 58 Committee on Rules - 3/13/06

Council President Verna

What is the projected cost of the project?

Mr. Isdell

The total project cost is estimated at $50 million.

Council President Verna

And what are the sources of the funding for the project?

Mr. Isdell

Seventy-five percent of the funding will come from the Federal Airport Improvement Program and the remainder will come from passenger facility charges directed by the airport.

Council President Verna

Very good. Thank you. Are there any questions from members of the committee on this bill? (No response.)

Council President Verna

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

Council President Verna

Seeing no one, thank you for coming in.

Mr. Isdell

Thank you very much. 59 Committee on Rules - 3/13/06

Council President Verna

And is there any need -- Mr. Isdell, is there any need for a suspension of the rules on this?

Mr. Isdell

Yes, we would request a suspension of the rules. Thank you.

Council President Verna

You're welcome. Mr. McPherson, I would appreciate it if you would please read the title of Bill 060107.

The Clerk

Bill No. 060107: An ordinance approving the first amendment of the redevelopment proposal for the West Fairhill/East Tioga/Hunting Park Urban Renewal Area being the area generally bounded by Wingohocking Street, Roosevelt Boulevard on the north, North 5th Street, North 6th Street on the east, Lehigh Avenue on the south, and Broad Street and Venango Street on the west, including the first amendment to the urban renewal and the first amendment to 60 Committee on Rules - 3/13/06 the relocation plan, which provides, inter alia, for the additional land acquisition of approximately 44 properties for residential and related uses, the additional land acquisition of approximately six properties for commercial and related uses, the provision of certain relocation services as required by law, and declaring that condemnation is not imminent with respect to the project.

Council President Verna

Mr. Wetzel?

Mr. Wetzel

Madam Chairperson, my name is Herbert Wetzel. I'm executive director of the Redevelopment Authority of the City of Philadelphia. Madam Chairperson and members of the committee, I'm here to speak in support of Bill No. 21 060107, which is the first amendment to the redevelopment proposal and urban renewal plan for the West Fairhill/East Tioga/Hunting Park redevelopment area and the West Fairhill/East Tioga/Hunting Park 61 Committee on Rules - 3/13/06 urban renewal area. This bill would authorize the Redevelopment Authority to acquire a total of five vacant structures and 45 vacant lots for future development under the Neighborhood Transformation Initiative. No families or individuals will be displaced or relocated as part of this development plan. Madam Chairperson and members of the committee, I respectfully request favorable consideration of Bill 060107 and would ask the suspension of council rules to allow first reading on March 16, 2006. If I could refer you to the map if you've received the map, the bulk of the properties are between 11th and Germantown and Cambria and Somerset and are being acquired in cooperation with the Philadelphia Housing Authority that's looking to design 80 units of affordable rental housing in that particular area. The other properties up on the area between Hutchinson and 9th, Indiana, and Clearfield are for the women's community 62 Committee on Rules - 3/13/06 revitalization project. We previously have Council ordinances to acquire a significant amount of the properties in that area. And I think it's 69 properties that were previously approved by this Council. They're intending to do a low income housing tax credit project with 60 units of rental housing for very low income women and their families. So those are the two projects that this is intended for. And the estimated budget for the acquisition of these properties, including all accessory costs and any contingencies, is $730,425.

Council President Verna

Mr. Wetzel, can you please explain the discrepancy between what properties are to be acquired pursuant to the bill and what is to be acquired according to your testimony?

Mr. Wetzel

My testimony is five vacant structures and 45 vacant lots. Is the bill different from that?

Council President Verna

I 63 Committee on Rules - 3/13/06 believe. I'm told it is. According to the -- do you have a copy of the bill 4 before you?

Mr. Wetzel

No, I do not.

Council President Verna

We'll be happy to give you a copy. It says 44 properties for residential and related uses, an additional land acquisition of approximately six properties for commercial and related uses.

Mr. Wetzel

I think I understand, but let me just have my staff person brief me on this. I've been corrected here, Madam Chairperson. If you look at the map for 11th to --

Council President Verna

I'm looking at the bill.

Mr. Wetzel

Right. I'm going to correct that. The correct number of properties in this is 50, 45 vacant lots and five structures. The reuse, 44 of the properties are to be reused for residential purposes. And my staff just 64 Committee on Rules - 3/13/06 corrected me. The PHA project along Germantown Avenue is going to be commercial, a commercial project. So PHA, that's zoned commercially and currently has some small businesses on it. So it's PHA's plan to continue for that to be commercial. So the reuse will be six of the properties that are located on Germantown Avenue will have a commercial reuse. The rest of the properties along with what PHA owns will be residential.

Council President Verna

Mr. Wetzel, in the title of this bill, it says 44 properties for residential and six properties for commercial. There's a discrepancy between your testimony and what is in the title of the bill. I'm assuming that you agree with the discrepancy. And, if so, my question is, does another bill have to be prepared, corrected?

Mr. Wetzel

No, madam. The addresses are correct. And I corrected 65 Committee on Rules - 3/13/06 my testimony to indicate that the PHA project has two components. I only mentioned the residential component. The PHA project calls for commercial along Germantown Avenue.

Council President Verna

You know how to confuse us. Okay. So to make the record absolutely clear, it's 44 properties for residential and six properties for commercial?

Mr. Wetzel

That is correct, for a total of 50 properties to be acquired.

Council President Verna

Are NTI funds to be used for these acquisitions?

Council President Verna

If so, in what amount?

Mr. Wetzel

$730,425.

Council President Verna

You state that these acquisitions are for future development?

Mr. Wetzel

That is correct. 66 Committee on Rules - 3/13/06

Council President Verna

Who is the developer and what is the development that is being proposed?

Mr. Wetzel

On the properties on the map that I gave you that are bounded by 10th and Clearfield, Indiana and 9th, that is a project sponsored which the women's community revitalization project. It's going to be a low income housing tax credit rental project with approximately 60 units. It's going to be new construction and it's going to be townhouses and apartments for very low income women and their children. That's on that piece. On the Warnock Street, on the project bounded by Cambria, 11th, Germantown, and Somerset, that is a project being sponsored by the Philadelphia Housing Authority that combines somewhere between -- let me just look at the numbers from PHA here -- about 80 units of affordable rental they want to build there with off-street 67 Committee on Rules - 3/13/06 parking and, in addition, 16,000 feet of commercial space along Germantown Avenue PHA wants to develop.

Council President Verna

Okay. To whom will these properties be deeded once they're disposed of?

Mr. Wetzel

The properties for WCRP, they will -- if awarded low income housing tax credits, they will set up a Pennsylvania limited partnership and the properties will be conveyed to that partnership. And the Philadelphia Housing Authority, if they also receive low income housing tax credits for theirs, those parcels will be conveyed to that partnership, which is required by law to be established when you use low income housing tax credits. And the commercial properties would probably be conveyed directly to PHA unless they create another entity to engage in the commercial activity.

Council President Verna

Are there any questions or comments from 68 Committee on Rules - 3/13/06 members of the committee? The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Regarding the Housing Authority's projects, both residential and commercial, why do NTI funds have to be used for them? Don't they do projects like this all the time where they for their own capacity acquire property and rehabilitate it for low income use?

Mr. Wetzel

No, they have not. All the projects you see that are off-site -- they have done that on-site for the properties they own. For example, when they demolished Mill Creek, they built back on the land they owned.

Councilman Kenney

How about their scattered site?

Mr. Wetzel

But we used NTI funds to acquire the balance of the off-site development for Mill Creek. We used CDBG funds to acquire the off-site 69 Committee on Rules - 3/13/06 properties for the Martin Luther King projects.

Councilman Kenney

What monies did PHA use over its history to acquired scattered site housing that they manage and --

Mr. Wetzel

You mean PHA scattered sites? It's my understanding those were acquired in the '60s by PHA.

Councilman Kenney

You're telling me PHA does not have the capacity to acquire property and rehabilitate it and rent it?

Mr. Wetzel

They have so indicated they do not.

Council President Verna

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

Council President Verna

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

Council President Verna

Mr. McPherson, please read the title of the 70 Committee on Rules - 3/13/06 last bill, 060116.

The Clerk

An ordinance 4 amending Section 14-1610 of the Philadelphia Code entitled "Old City Residential Area Special District Controls," extending the boundaries of the district to include the area generally bounded by Wood Street, 6th Street, Vine Street, and 5th Street, all under certain terms and conditions.

Council President Verna

Thank you. Mr. Kramer?

Mr. Kramer

Good morning, Madam President and members of the rules committee. My name is William Kramer. I'm the senior zoning planner in the development planning division of the City Planning Commission. I am here today to testify on Bill 060116. This bill was introduced by Councilmember DiCicco February 16 of 2006. This bill is an amendment to Section 14-1610 of the zoning code that expands the area of the 71 Committee on Rules - 3/13/06 Old City Special District Controls. This further expands the controls as recently extended under the provisions of Bill 5 051200. The controls would be extended to include an area bounded by Wood Street, 6th Street, Vine Street, and 5th Street, and would prohibit many uses, including cabarets, dance halls, entertainment of guests and patrons as a main use, restaurants and takeout restaurants. Further, it provides for a 65-foot height limit on buildings and a 70-foot limit on the frontage of any new buildings. This bill is scheduled to be considered at the Planning Commission's next meeting of March 16, 2006. I would be happy to answer any questions of the committee.

Council President Verna

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

Council President Verna

Seeing none, thank you. 72 Committee on Rules - 3/13/06 Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Mr. Kramer, is there a need for a suspension?

Mr. Kramer

I have not been requested to request one.

Council President Verna

So we'll just leave it. Thank you. This will conclude our public hearing. We will now go into our public meeting. The Chair recognizes Councilman Kenney.

Councilman Kenney

To tell you the truth, on the RDA stuff, I'm a little bit confused and I find myself feeling confused a lot when I'm voting on this stuff. And part of the problem is it always seems like we don't get all the information or all the information's not made available to us and it's done in a way that always leaves a question in your mind whether you're making the right 73 Committee on Rules - 3/13/06 decision. The other hand is if you don't do it, you're accused of holding stuff up and being an obstructionist. On the other hand, if you do it, you feel like you're at a disadvantage because you're making a decision on something that affects people one way or another and you don't have all the information. I don't mind voting on it, but it's increasingly and has been for a while uncomfortable with this process whether it's notification, whether it's budget, whether it's appraisals, whether it's the right information in the title of the bill or not. I'm not really confident that we have all the information to make the right decision. But having said that, I don't mind voting on it, but I just wish this process would change because it's not a way to do business. Whatever.

Council President Verna

This concludes our public hearing. We will now move to our public meeting. The 74 Committee on Rules - 3/13/06 Chair recognizes Councilman Clarke regarding Bill No. 060044.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I move that Bill 060044 be reported out of committee with a favorable recommendation and request for rules suspension. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill NO. 12 060044 be reported out of committee with a favorable recommendation, also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 060054. 75 Committee on Rules - 3/13/06

Councilman Clarke

Madam President, I move for the adoption of the amendment to Bill 060054. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the amendment is adopted. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that Bill 060054 as amended be reported out of committee with a favorable recommendation and request for rules suspension. (Duly seconded.)

Council President Verna

It 76 Committee on Rules - 3/13/06 has been moved and seconded that Bill No. 3 060054 be reported out of committee with a favorable recommendation as amended, further that the rules of Council be suspended so as to permit first reading at our next session of council. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Councilman Clarke, 060055.

Councilman Clarke

Madam Chair, I move that Bill No. 060055 be reported out of committee with a favorable recommendation and request for suspension of the rules. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 24 060055 be reported out of committee with a favorable recommendation, also a 77 Committee on Rules - 3/13/06 recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 060107.

Councilman Clarke

Madam Chair, I move that Bill 060107 be reported out of committee with a favorable recommendation and request for suspension of the rules to allow reading at the next session of Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 23 060107 be reported out of committee with a favorable recommendation, also a recommendation that the rules of Council 78 Committee on Rules - 3/13/06 be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chair recognizes Councilman Clarke regarding 060116.

Councilman Clarke

I move that Bill 060116 be reported out of committee with a favorable recommendation. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 19 060116 be reported out of committee with a favorable recommendation. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.) 79 Committee on Rules - 3/13/06

Council President Verna

The ayes have it and the motion carries. The Chair again recognizes Councilman Clarke regarding Bill No. 6 060117.

Councilman Clarke

I move that Bill 060117 be reported out of committee with a favorable recommendation and request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill 15 060117 be reported out of committee with a favorable recommendation, also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.) 80 Committee on Rules - 3/13/06

Council President Verna

The ayes have it. The motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 060043.

Councilman Clarke

Madam Chair, I move that Bill 060043 be reported out of committee with a favorable recommendation. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 13 060043 be reported out of committee with a favorable recommendation. All in favor will please say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. This concludes our public meeting of the Committee on Rules. Thank you all very much. - - - 81 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence, and objections are contained fully and accurately in the stenographic notes taken by me on March 13, 2006, and that this is a true and correct transcript of same. _____________________________ Kimberly A. Overwise Certified Realtime Reporter Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.)