Title
May 3, 2007
TO THE PRESIDENT AND MEMBERS OF THE COUNCIL OF THE CITY OF PHILADELPHIA:
I am returning herewith disapproved Bill No. 070009 that would change the zoning classification of a single parcel, between Columbus Boulevard and the Delaware River, and between Reed and Tasker Streets, from C-3 to R-10A, restricting future development of the site to row house residential structures. It is important to note the impacted parcel has been designated by the Pennsylvania Gaming Control Board as the future home of Foxwoods Casino Philadelphia. The City Solicitor has opined that this Bill is illegal with respect to its intended purpose of preventing development of a casino at the location and is likely to be found to constitute illegal spot zoning were it to become law.
First, this legislation is clearly calculated to defeat the Gaming Control Board's approval of gaming at this location. Although neither zoning classification permits casinos, the courts will require the City to permit a casino at this location regardless of the underlying zoning, given the preemptive effect of the Gaming Control board's license award. The law on preemption is clear on this matter.
Second, the Solicitor has made it clear; case law suggests this legislation is little more than spot zoning. Neither the City's comprehensive plan nor any other plan of which I am aware calls for row house development on this parcel or on any other nearby parcel between Columbus Boulevard and the Delaware River. East of the Expressway, in the general vicinity of the subject lot, there is no residential zoning, let alone residential zoning as restrictive as R-10A. The proposed R-10A zoning for this property would render it a residential island in a sea of industrial and commercial development without any non-arbitrary justification. Indeed, every adjacent lot to the subject lot is zoned for either commercial or industrial uses. There do not appear to be any distinguishing physical charac...
Click here for full text