Philadelphia City Council Committee on Rules, 26 Feb 2020

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From YouTube: Committee on Rules - 02-26-2020

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City of Philadelphia

Public Hearing Notice

February 4, 2020

The Committee on Rules of the Council of the City of Philadelphia will hold a Public Hearing on Wednesday, February 26, 2020, at 10:00 AM, in Room 400, City Hall, to hear testimony on the following items:

200009 An Ordinance amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” to revise certain provisions of Chapter 14 905, entitled “Non Accessory Signs,” by adding a new subsection to permit an advertising sign under certain terms and conditions.

200013 An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Morris Street, 26th Street, Moore Street, and 27th Street.

200019 An Ordinance amending Chapter 14 500 of The Philadelphia Code, entitled “Overlay Zoning Districts,” by amending Section 14 514, entitled “/FNE, Far Northeast Overlay District,” all under certain terms and conditions.

200094 An Ordinance amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” to revise certain provisions of Section 14 500 of The Philadelphia Code, entitled "Overlay Zoning Districts," by modifying the /CTR, Center City Overlay District, Society Hill Area to create additional standards concerning height, parking, signs, and special reviews, and making related changes, all under certain terms and conditions.

200095 An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Walnut Street, Front Street, South Street, and 8th Street, all under certain terms and conditions.

Immediately following the public hearing, a meeting of the Committee on Rules, open to the public, will be held to consider the action to be taken on the above listed items.

Copies of the foregoing items are available in the Office of the Chief Clerk of the Council, Room 402, City Hall.

Michael A. Decker
Chief Clerk

A

Committee I'm councilman Johnson chaired the committee, a quorum is present and in the presence of council member kathryn gilmore richardson councilman Rihanna Sanchez councilman Curtis Jones and Councilman David Oh before I proceed. I'd like to note for the record that bills number 2 0 0 0, 9, 2, 0, 0, 0, 9, 4, 2, 0, 0, 0, 9 5 are being held today. Well, the clerk. Please read the first that side of the first bill.

B

Bill number: two: zero: zero; zero one: three to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located with an area bounded by Moore, Street, 26th, Street, Moore, Street and 27th Street.

B

Paula Brown blow Burns Philadelphia City, Planning, Commission, good.

C

Morning, chairperson Johnson and members of the Rules Committee I am Paula Brown blow Byrnes a city planner with the in the development division with the City Planning Commission I'm here to testify on bill number two: zero: zero zero one three, which was introduced into City Council on January 23rd 2009 by council member Johnson bill number: two: zero: zero, zero one. Three amends the Philadelphia zoning maps by changing the zoning designation of certain areas of land located within an area bounded by Morris, Street, 26th, Street, Moore, Street and 27th Street.

C

The bill correctively reasons: vert Recreation Center from RSA three residential single-family attached to special purpose parks and open space active. This change was recommended in the South District plant and was requested by the Department of Parks and Recreation for forthcoming improvements to the park funded for rebuilt or by rebuilt. The Philadelphia City Planning Commission considered bill number two: zero: zero, zero one. Three at its meeting of February 19th 2020 and recommended approval I'll be happy to answer. Any questions at this time are.

A

There any questions or comments from members of the committee.

A

Is anyone here else here to testify on the bill? Thank you very much for your testimony. Will the clerk please read the title of the second bill.

A

What a clerk please read the title: the second.

B

A

B

Number 2 0 0 0 1 9 amending chapter 14 500 of the Philadelphia Code entitled overlay zoning districts by amending section, 14, 5, 1, 4, entitled F any far northeast overlay district, all under certain terms and conditions will the clerk please call the first witness Paula Brown blow Burns Philadelphia City, Planning Commission.

C

Good morning, I'm Paula Braun blow burns city planner with the Division of Philadelphia City Planning Commission I'm, here to testify on bill number 2 0 0 0 1 9, which was introduced into City Council on January 23rd 2020 by councilmember Squealer for council member ownio bill number 2, 0 0 0 1 9 amends chapter 14 500 of the philadelphia zoning code entitled overlay zoning districts by amending section, 14 5, 1 4, entitled far north east overlay district to prohibit residential buildings from exceeding 35 feet in height and to prohibit roof decks and roof deck access structures in all residential districts, cm x, 1 and cm x, 2 commercial, mixed use.

C

Zoning districts are also included. Additionally, the bill also prohibits visitor accommodations in the CA to commercial, auto oriented zoning districts if within 1,000 feet of residential zoning districts, the City Planning Commission feels that this amendment to the code would create different standards for basis owning districts exclusively to one council Manek district and is therefore contrary to the goal of the zoning code Commission to have a uniform zoning code for all of Philadelphia.

C

Furthermore, the 1000 foot setback from residential districts for hotels in the CA 2 would fundamentally bar new lodging options in this area of the city and including properties that have proximity to I-95. The Philadelphia City Planning Commission considered bill number 2, zero, zero, zero one, nine at its meeting of February 18th, where the Commission not for approval I'll, be happy to answer any questions at this time.

A

Any questions for members of the committee.

A

Councilman Rhea King on the sanchez.

D

Thank You mr. chair I realized that the bill sponsor is not here so I'm going to ask you some questions. If you know answer them and if you don't, you know what has been the process that has gotten here what what kind of community meetings public discussions about this bill and its introduction have been had before today, the.

C

Planning Commission did not work on this bill, so we did not host any community meeting level meetings. Would it, but this was introduced in.

C

November of twenty eighteen or nineteen last year this bill was, we took it to the Planning Commission. It also had a rules hearing, so there were two public meetings through City Council on this, but we did not. We personally did not host any community meetings in.

D

The discussion of the Planning Commission: can you explain a little bit the issue around the restriction of the lodging and what potential impacts that has on the hospitality. That's on Route one.

D

You say that that will limit the lodging and some opportunities has that discussion. What discussions, if any, have been had with the bill sponsor about idols kind.

C

Of do believe, the bill sponsor met with the lodging Union and the Commerce Department on it. What it is is when we made the maps to find out what would be within the thousand foot buffer. Every single property within that is owned. Ca2 was within a thousand feet of a residential zoning district, which means no lodging would be available within ca2. So.

D

How close is that abut to the Roosevelt Boulevard, and what does it do to the current lodging, because I know that we have several hotels over there and Route one on the top? Are you familiar with that area by only two, not.

C

As familiar with other areas of the city, but I have been up there: okay.

D

As it relates to the height situation, is there any residential district within this council district that currently goes and exceeds the 35-foot? Yes,.

C

We have really glad I brought the fact sheet with me. Today. We have RM to RM 3, which allow additional height above 38 feet.

C

Rm x3 is also up there, which allows over 38 feet. So there are four three zoning districts that do: allow an increased height above 38 feet. So how does this this bill will not allow it so.

D

It would change all the base zoning districts because here since cm x2, so you're saying this is also in your testimony. You only reference cm x, one and cm x 2, so this bill will also impact RM, one arm, 2 @ RM, 3, yes and they're. Currently, so those all get grandfathered in how is that handled? If.

C

They are existing today over 38 feet, they would be non-conforming uses and grandfathered in any new project would have to meet the 38 feet. Are.

D

You aware of any project spending that were that this may directly impact I.

C

D

Thank you, Thank You,.

A

Councilman Curtis Jones Thank.

E

You, mr. chairman, so this type of blanket exception from the code for the temp district kind of prohibits hotels, yes and it restricts the height of residential. Yes,.

C

E

Someone wanted to make an exception, let's say the because of the racetracks and other things like that. Well, how would that be handled? They.

C

Would have the two options they could exempt the property out of the overlay through a zoning bill which would be introduced by the council person go through public hearings or they could apply for a zoning variance and be granted the variance that does open that up for appealed. Oh and.

E

So that means council Matic prerogative, dare I, say those words.

C

If those are the words you want to use, I could say yes, okay,.

E

Thank you. Thank you. Thank.

A

You very much is anyone else here to testify on this bill. Thank council, councilman, Maria, Kiana Sanchez is.

D

The bill sponsor here can we have some I.

A

Just called for the clarity I.

D

Would it would make me feel more comfortable if the bill sponsor we're here to explain what community public processes had because of the restrictive nature of I.

A

Reached out to his office and so we'll give them a minute or two to see if he'll come down and respond.

A

Thank you very much for your testimony. Okay,.

C

A

Also for the record, I would like to announced the presence of councilman marks, Cuellar and Councilwoman Cindy bass account and Councilman O'neill. At this moment, I would like to acknowledge councilman O'neill.

F

My bill I just want to explain what it is. It's a second go-round for it. The bill essentially passed in the previous term and the 45 day rule prevented it from surviving the end of the term.

F

If you look at the zoning code and I was on the Commission, I went to every meeting. There was not supposed to be anything in that code. We were assured because the codes so thick, you can't read it. It was supposed to be shorter. It's actually more complicated.

F

Nothing was going to change unless we did a remapping and it appears that way. If you look at it, it appears that, for instance, in my district, every residentially zoned area just has a different name and the height limit went from 35 to 38. Everybody understood that that was the single change, except this past spring May or so of of this past year.

F

I have a surprise in my district in Fox Chase, there's a block of pre-war single homes, very modest, probably all one though one and a half stories high, all different and little singles modest, modest homes like a having a lot of my district.

F

Well, there's a structure that is about 55 feet, high, it's a twin because you're allowed to build twins on the zoning. That was their twins that normally were 35 foot high and nobody would think differently. But in another section of the it basically says you can do roof decks in any property residential property in the city of Philadelphia, and so there was a fire at this house. He was torn down. It didn't need a fire to get torn down, but it was happened to be a fire.

F

It's four stories: high I, don't have a four-story high building in my district, but found out that you can have a four-story house now and a roof deck and a pilot house and the pilot house can be on the outside wall and the parapet. It's all in another section of the code. It affects every residential district in the city, the.

F

So I'm doing it an overlay that basically takes things back to what the understanding was that we were supposed to have happen at the zoning with the zoning code change the new zoning code. Unless we did a remapping, this will destroy my district, destroy it every block. I can tell you what would happen if I start having roof decks. My district is built out. It's modest row homes, it's modest winds, it's mostly modest singles. Any one of them can be either torn down or converted. Now from somewhere. These homes are between 15 and 35 feet.

F

High to this height, which and four stories, you can't do it before the code that, before this change in the code, you could not build a four-story residential property in the city without a variance you can do with an over-the-counter permit. Now so I'm trying to protect my community represent my community. My district and people are absolutely I suppose this is not the right word.

F

Freaked-Out is more like it that this could happen without a meeting of an our CEO without anybody approving it and with everyone being assured that the zoning code was not going to make be any more permissive unless we did a change to a new designation.

F

The other thing is: if someone goes to the Zoning Board, and they ask for this with a zoning variance tearing the house down, which is often what happens, these modest houses and they go before the board and they say: okay, we've got this single home, we're going to tear it down, we're going to build for 55 foot high roof deck houses.

F

They can say this is in conformance with the code for row, homes, row, homes, Oney. It makes a big difference in the appeal when they're saying you know, we have row homes across the street. All we're doing is the same zoning as that, but now, instead of those houses because I have this a situation like this, they are.

F

Those houses are about 15 foot high, their row homes but they're, just a garage and an another level above it commonly referred to as row ranchers, because they're only the garage level and then the which is often below grade and then the the living area.

F

But it makes a big difference if you're, arguing and I'm not talking about the Zoning Board I'm talking about the appeal, which is where the average person usually winds up on the short end of the stick, because the lawyers get involved and the courts get involved and they don't know Northeast Philadelphia from Northwest or care, and they will say: okay he's only built they're only as looking for what is in the area.

F

Well, this will make it clear that that's not what's in the area that the rules haven't changed unless the the our CEO agrees to it and it isn't done by whoever wrote that code to consultants nationwide consultants that wanted all the codes to be the same, that they have their signatures on, which is almost every code in the country. Now, and when we find things like this, we should want to change them.

F

I would put it in citywide, but there's a whole lot of areas that that types of zoning that are not just in my district that I have, but it is a good time to announce to the world and I've been trying to be quiet on this. The last thing I need is people learning about this and that then the whole tear down thing which used to be take an old home.

F

That's on a little bit larger lot because it was built in 1940 and then you put things in it don't match up with anything they kind of destroy the character of the neighborhood, the look of the block and you make a big announcement- that's been that has been going on that tear down build up for a long time. People don't like it, it's often driven by tax abatement, but it least they're doing what is legal most of those people that do that. They don't know about this.

F

They'll, be on this, like sharks, in in a in a pool of blood. So I'm asking the committee to to pass this to support me in representing my district and I'll. Take any any grief or questions about it from anybody.

A

Councilwoman Maria.

D

A

Of sanchez Thank.

D

You Thank You, councilman, Olney, I I, know that in your representation during the zoning code reform, you were intricately involved in some of these land-use issues and while I understand as the district council person, you want to put forth your best effort in what you can do. As you begin this process there's a couple of questions that, for me, are very important. As you know, one of the conversations has been happening in this city is around affordability yeah.

D

This overlay will essentially prohibit the ability of the 10th Council Matic District, to participate in inclusionary housing mixed income, housing, which it has been an enormous contributing factor to resources to the Housing Trust Fund for building affordability and I have to put that on the record, because you will essentially be excluding them from that work that we're doing I.

F

Can put on the record that I disagree with that immensely, but so it's not a fact. It's an opinion. All right.

D

Why is it not a fact? It's.

F

Not a fact, I I have never had any stoppage of affordability, and this has nothing.

D

But they were built from development using the mixed income. That means that they're paid they make a decision to pay into the housing trust fund or build affordability on-site, the the return on that is that they get additional height and building a piece. So with this overlay they are no longer eligible for that. Well,.

F

If you want to leave the community and the people that own the homestead, if you want to leave them out of the equation and say the more we let you build, even if it destroys a block or a neighborhood and makes existing houses less affordable, yep there's a meeting tonight in busselton on an industrial piece. The developer wants to build 60 townhomes in an area that has never had anything but twins and singles busselton, you're, very familiar.

F

It's off a grant and busselton I have let it be known loud and clear that if the local neighbors want townhomes modern townhomes, like you see in Fishtown they're, not going to have roof decks and nobody's asking for roof decks that I'm in full favor ahead of time on that I do not discourage development.

F

I, defer, I, discourage and try to fight development. That isn't good for my area and I.

D

Don't want to argue what you do and your.

F

Is an argument no.

D

No, you have your I'm every council person once a public process right and you're, using a tool box to guarantee a public process for your residents, I'm, not against that I'm. Just saying that it goes counter to this other conversation, because it will limit the ability for folks to use that toolbox. So I wanted that on the records, as I just spent the last three years working on that, so there will be equitable resources around affordability, I'm, not arguing with you you're entitled to your process.

D

You get elected and you're gonna do whatever process your residents vote you and to give them just like when I do stuff. In my district, that's my process that people hold me accountable to I. Just want it on the record. Okay right, but.

F

I wonder on the record that I disagree with you: okay, that's.

D

All you get a legal opinion for the record. If that's what you want, I mean I understand. This is your area of expertise. This is the same conversation. I have with Councilman school oak because of the overlay in society Hills, which is also another issue, so it just and I did it we're responding to a need you're trying to create a process for your residents? I would never be again how're you doing well.

F

I, don't I don't want to argue about difference of opinion. I appreciate your support. Okay,.

D

Thank you. The other question was that I had asked was what was the public process that got us here and if, in fact, there were civics and support of this? Yes,.

F

I've had more conversations with civic members, and this is and and and residents. This is not even a close call.

A

Councilman, that's it! Yes, it! Oh thank you for it. Thank you very much any other comments and questions from members of the committee.

A

Thank you. The chair recognizes councilman Curtis Jones for a motion on the amendments of bill number: two: zero, zero one, nine.

E

Thank You, mr. chairman, all four amendment to build number two: zero: zero, zero one. Nine. A copy of this amendment has been circulated to all members of the committee and I move for the amendment to bill number: two: zero: zero, zero one nine be approved.

F

What's the amendment okay, it's my man, I'm fine I, just you related okay. My legislative staff is off today.

F

A

We explained it to members of the committee.

F

Oh, this I was going to do this one first reading, rather than confuse the key. It's just. It drops a couple words: okay, it.

A

Has been moving properly doing today, okay, it has to move and prep. Let me just do this right.

E

A

Has been moving property? Second, that the limits are bill number two: zero, zero one, nine be approved by as amended. All those in favor of the motion will signify by saying aye aye opposed dies. Have it and the motion carries and amendments the bill number two: zero zero. One. Nine has been approved.

A

The chair recognizes console and Curtis Jones before, but before motion on bill number 2, 0, 0, 1 9. Thank.

E

You again mr. chairman I move that bill number 2, 0 0 0 1 9, as amended, be reported from this committee with a favorable recommendation. I further move that the Rose accounts will be suspended for first reading of this bill at our next session of council.

A

It has been moved in property 7 it that bill number 2, 0 0 1 9, as the menapii reported from this committee with their recommendation and refer to be moved that the rules that council be suspended to permit first reading of this bill at the next session of council, all those in favor signify by saying aye aye opposed the eyes have it and the motion carries the bill. Number 2, 0 0, 1 9.

A

As a minute, we reported from this committee a feeble recommendation with the request that the rules of council be suspended so permit first reading at this next session of council next thing. The chair recognizes councilman Curtiss Jones for emotional villain number 2, 0, 0, 1, 3,.

E

I'm, just okay, alright I'll! Thank you again. Mr. chairman I move that bill number to zero zero zero. One three be reported from this committee with a favorable recommendation and further move that the rules accounts will be suspended to allow first reading of this bill at our next session of council.

A

With a feeble recommendation and further move that it rules that council be suspended to permit first reading of this bill at the next session of council, all those in favor of the motion will signify by saying aye aye those opposed the eyes have it, and the motion carries these bills. This bill will be reported from this committee with a favor recommendation, with the request that the rules of council be suspended to permit first reading at the next session of council. Thank you very much. This concludes the business of the Committee on rules for today.

A

Thank you. Everyone for the attendance.

G