Facts on Industrial Transformation District Bills

petition.doc AFRICAN-AMERICAN BUSINESS AND RESIDENTS ASSOCIATION (AABRA) One Voice, One Future 3117 Master Street, Philadelphia, PA 19121 (215)769-3333

Facts and Concerns about Clarke's Bills: 060901 and 060902 Presented at Community Meeting on January 25, 2007, Songhai City Cultural Center "A Great Space for Personal, Entrepreneurial and Community Development"

I. Bill 060902 (http://www.hallwatc h.org/councilnot ices/bills/ 1164992955220) would create a new zoning designation called, "Industrial Transformation District" (ITD). The language is so vague that any district with 2 contiguous acres of vacant land - ANYWHERE in the city - can qualify. This legislation would effectively eliminate a community's right to contest unwanted real estate developments.

A. Specifics 1. To establish an Industrial Transformation District, a developer creates a master plan specifying types of structures to be built there, density, building heights, etc. The plan then goes to the Philadelphia City Planning Commission (PCPC), for consideration and approval. City Council is then required to approve the plan and the ITD is created.

2. All proposed development in an ITD that is "consistent" with the plan can bypass the Zoning Board (ZBA) and go directly to the PCPC and L&I for a building permit.

3. If a developer proposes something consistent with, but not actually in the master plan, and the PCPC approves it, it can also bypass the ZBA.

4. Even if a developer proposes something totally inconsistent with the master plan and the PCPC approves or rejects it, it can still bypass the ZBA, going directly to City Council.

5. Buildings inside an ITD will be free of a number of today's zoning limitations that affect a community's beauty, accessibility, etc., including building height and setbacks.

B. Bill's Shortcomings 1. This bill eliminates even the pretense of development control that a community has today through the ZBA. When a developer bypasses the ZBA in a community that has an ITD, due process and equal protection are effectively eliminated.

2. The language in the bill compels the PCPC to approve an application under certain circumstances, so it likely violates the City Charter, which says that the PCPC is to make recommendations to City Council, not what a specific recommendation ought to be.

3. This legislation sets up new rules that will make it nearly impossible for small developers and community members to do their own development. That's because district politics won't allow the little guy or even community groups to create master plans.

4. This legislation will also make it nearly impossible to fight harmful development proposed for our communities. First, though we can speak at a PCPC meeting, there is no requirement of community notification for those meetings, unlike ZBA hearings. Second, City Council hearings are a mere formality, due to the district-Councilman is king rule. (Note, on the other hand, how easy it will be for developers to violate an ITD's restrictions, per exceptions above!)

5. This bill allows hotels to be built in an ITD. Is this a backdoor for casinos?

This is as dangerous as legislation gets. II. Bill 060901 (http://www.hallwatc h.org/councilnot ices/bills/ 1164992955039) would change the zoning classifications of all of the parcels of land in Brewerytown that surround Songhai City Cultural Center. As the attachment to the bill shows, the parcels of land affected are huge and occupy most of the space once utilized by the Black Cowboys. Westrum is the clear beneficiary.

Bill's Shortcomings 1. This bill would force one of the city's most challenged community's (Brewerytown) to accept Westrum's $400,000 homes and we would be powerless to oppose it, let alone stop it.

2. We believe that Westrum doesn't want to face our community at the Zoning Board, even though they know they will win - given the corruption on that Board. They remember what we did in an attempt to make Pennrose accountable (packed the zoning hearings, appealed to the PA Supreme Court, took to the airwaves, etc.) and they want to avoid that kind of bloodletting at all costs.

3. This bill references ITD's. If we defeat the ITD bill, then this second bill should automatically become irrelevant, bad law, withdrawn or otherwise moot.

4. Is Clarke just doing Westrum's dirty work? We believe so and argue that he should be making our lives easier, not the developers'.

III. What can we do?

A. Sign one of our petitions. We will send copies to every member of City Council demanding that the bills be tabled or defeated.

B. Ask Clarke and the rest of City Council to accept the recommendation of the Planning Commission, namely, to table the legislation until they come to your community to explain to their constituents the details of the legislation, including who wins and who loses.

C. Failing a voluntary withdrawal of these bills, we must demand that City Council members defeat this legislation. We must keep reminding them that this is an election year. We might need to remind them as well that voting against this legislation is not a break with the protocol that all Council members must support a district Councilman's legislation for his district. This legislation affects the entire city, so every Councilperson should vote for what is in the best interest of their constituents.

D. We need to meet with Clarke and your district Councilperson, personally, to demand that he withdraw the bills. On Friday, January 26, 2007, we ask that you call Clarke, your district Councilperson and the at-large Councilpersons from 10 AM thru 1 PM to request a meeting immediately, at which time you can look them in their eyes to make your demands. Please let us know what you accomplished.

E. Mark February 7th, 10 AM, City Hall Room 400 on your calendars. There will be a hearing in the Rules Committee on this bill. If the opposition succeeds, there will be no need for a hearing, because the bills will be tabled. Should that occur, we will call everyone who signed one of the petitions to inform them.