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State House votes to strip City of zoning power
By Ed Goppelt
Tuesday, 10/17/06
(1161140972060)
The state House passed an amended version of a gambling reform bill
late tonight that takes away the City's power to administer and
interpret its zoning code.
However other provisions in Senate Bill 862 that many Philadelphians objected to were scaled back or removed.
The City's zoning code as of July 2004 will apply to the casinos, but it will be the Gaming Board and not the City which will administer and enforce the code.
Like the Zoning Board, the Gaming Board will take testimony from residents--though it is under no obligation to hold its zoning hearings in Philadelphia. Those dissatisfied with the Gaming Board's zoning decisions may appeal to Commonwealth Court.
Other changes made by the House include:
Billboards will be less of an issue with the House bill because the city zoning code limits the size and kind of billboards permitted. The Senate version of SB 862 effectively permitted rotating, flashing signs of unlimited height and size.
House leadership released their changes at 4 pm today, leaving members little time to digest the 22 page amendment. Under House rules only leadership could amend SB 862, not rank and file members.
Following a lengthy and at times passionate floor debate, members voted to approve the amended bill 161 to 30.
Rep. Babette Josephs said she would vote against the bill and urged her colleagues to do the same. "It's terrible public policy," said Josephs. "Philadelphia needs its own zoning hegemony."
The precedent set by SB 862 was dangerous, Josephs said. "It's very likely to spread to the destruction of local zoning all over the state,"
Josephs attempted to offer an amendment that would have restored the City's zoning power, but failed to muster the 135 votes necessary to suspend the rules. Josephs was not alone: every amendment offered by a rank and file member failed.
"Zoning issues will not be decided by the Zoning Board as in other Pennsylvania cites," said Rep. Kathy Manderino. "That's just plain wrong..."
Rep. John Taylor said he would rather see no mention of zoning in the Bill, but thought SB 862 sufficiently improved to merit his vote. "The only changes are the people who make the decision," said Taylor.
Taylor, a Republican, pushed his leadership to remove many objectionable provisions from the bill, but failed to remove the zoning preemption provision.
Rep. Mark Cohen said "There is massive opposition in Philadelphia writing in protest against SB 862--these amendments do not deal with their concerns." Cohen then read excerpts from the 500 emails and faxes he said his office had received from outraged Philadelphians.
Cohen argued that the City's Zoning Board should retain jurisdiction over the casinos, but that appeals of ZBA decisions should go straight to the Supreme Court.
"The way to speed things up," said Cohen "is expedited procedure, not to strip people of meaningful input."
"All it's going to lead to is another round of litigation."
Rep. Bill Keller supported the amended SB 862. "The bill that stood before us was a very dangerous bill," said Keller citing the Bill's treatment of associated areas and riparian rights as examples. "We have been able to change this bill for the better. We have to vote for this bill."
Rep. Curtis Thomas said "this looks like taxation without representation." Since Philadelphia residents pay taxes, argued Thomas, they should have a say in public policy. He then suggested, to audible boos from his colleagues, that his constituents withhold their taxes.
The Senate doesn't have much time to approve SB 862 as amended by the House. Tomorrow is the Senate's last day before recessing for the election.
These representatives voted against taking away the City's zoning power.
These representatives voted to take away the City's zoning power.
These representatives did not vote.