Title
June 21, 2004
To the President and Members of
the City Council of Philadelphia:
I am herewith returning to you as disapproved Bill Number 040369, which would amend Chapter 14-1600 of The Philadelphia Code, entitled “Miscellaneous,” by adding a new section prohibiting the demolition of buildings or other structures located within the area bounded on the north by the south side of Locust Street, on the west by the east side of Fifth Street, on the south by the north side of Washington Street, and on the east by the Delaware River, and providing that such prohibition shall expire after a specified period of time, all under certain terms and conditions.
Under the terms of Bill 040369, a demolition moratorium would be established for the area bounded by Locust Street, Fifth Street, Washington Avenue and the Delaware River. While I am mindful of the good intentions of this legislation, I have serious concerns about it.
At its May 18, 2004 meeting, the City Planning Commission recommended that Bill 040369 not be approved. Planning Commission staff indicated that the passage into law of Bill 040369 may be an initial step towards the Queen Village area becoming the first designated Neighborhood Conservation District under Bill 040156, which I have returned as disapproved today under separate letter. Bill 040369, as companion legislation that will work in tandem with Bill 040156, raises concerns similar to those concerns articulated in my letter accompanying the disapproval and return of Bill 040156, and therefore I cannot approve it.
My primary concern with Bill 040369, as with Bill 040156, is that it would create yet another layer of process and approvals and thus another barrier to good residential development in the City. It adds more uncertainty in the approval process, which includes the demolition phase, at a time when I believe there is a need to be more accommodating to high-quality, new residential development.
Limitations on development, improvements and maintenance could be so restrictive that the cost would prove to be too costly for many homeowners and possibly even render a property valueless.
I believe Bill 040369 could have unforeseen negative consequences as well. The restrictions of a demolition moratorium of this kind could ultimately discourage residential development and reasonable improvements, thereby potentially encouraging disinvestment in and neglect and abandonment of properties.
In addition, the Law Department has expressed concerns that Bill 040369 contains ambiguous and confusing language, particularly with respect to Section 14-1628(2), which concerns the process by which a demolition of a building in the Queen Village area may be permissible. The Law Department raised its concerns as to such ambiguous language in a May 13, 2004 memorandum to Council staff, prior to public hearing and voting on Bill 040369. However, the ambiguities remain in the bill as approved by Council, thus raising another area of concern with this legislation.
While I concur with the underlying goal of this legislation to preserve quality neighborhoods, for the reasons stated herein, I cannot support Bill 040369.
Sincerely,
John F. Street, Esquire
Mayor – City of Philadelphia
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