A little while ago the House adopted an amended version of SB 862 by a vote of 161-30. Some of the most objectionable features of SB 862 have been removed. Under the bill, the Gambling Control Commission will not be able to give away riparian rights to casinos and Philadelphia codes governing building, fire, water and sewer (but not smoking) will remain in force. The new zoning rules proposed in the Senate version of SB 862 have been eliminated. Instead, the Philadelphia zoning code as of the passage of Act 71 in July 2004 will remain in effect.
The bad news is that the bill still preempts the city’s authority to revise and enforce zoning regulations.
Inclusion of the 2004 Zoning Code in the bill does not make it acceptable. The likelihood of casinos and other new development on the waterfront and in East Falls / Nicetown requires us to develop new zoning regulations for these areas. The City of Philadelphia should have the right to develop a new and appropriate zoning code for the new reality we will face if and when casinos are created in our midst.
In addition, there is no doubt that the casinos and other developers will seek variances to the 2004 zoning code. While the zoning process in Philadelphia is by no means perfect, we in Philadelphia have more control over the ZBA than we would over the Pennsylvania Gaming Control Board, which is now empowered to grant variances under the 2004 zoning code. While we have the right to appear before the PGCB—although we don’t know where and how it is going to meet to carry out its zoning functions—I have little confidence that the PGCB will be as responsive to our communities as the ZBA sometimes is. This is particularly important because Act 193 has stripped our right to appeal decisions of any agency that regulates land use to the courts, which now includes the PGCB.
Where Do We Go From Here?
Where do we go from here? We need to stop and think a bit. But here are some preliminary ideas.
First, I think we should call on Governor Rendell to veto the bill and send it back to the General Assembly for improvement.
Second, whether the bill is vetoed or not, we should be working to substitute the rules set down in the plan for the Commercial Entertainment District—or something even better—for those in the 2004 Zoning Code. This could perhaps be done when the Senate reconsiders SB862 or when and if the legislature goes back to the drawing board after a veto of SB 862.
Third, we should keep insisting that the right to give variances to the zoning code should remain with the ZBA.
Your Efforts Paid Off
While we did not get what we wanted, we should recognize that we did get the House to amend the bill to remove some of the most awful provisions. And that would not have happened with out an upsurge of public opposition to SB862 in response to all the emails we sent out. The last time I looked, over 400 people had faxed their legislators in the last two days from the Hallwatch site. Some of those faxes were read on the floor of the House by Rep. Mark Cohen. Other people called or wrote or emailed their legislators. And Neighborhood Networks blast emailed every Philadelphia representative just as the debate was starting this evening to explain why we thought that even the amended SB862 should be defeated.
As a result, most Philadelphia representatives voted against SB862, including those who voted for it in an earlier incarnation. I’m going to post the roll call as soon as I can get it. Thank your legislators for this vote. I did not see the whole debate but I am going to thank Reps. Thomas, Josephs, and Cohen for the impassioned speeches they made against SB862.
A few Philadelphia Representatives did vote for the bill—but in fairness I have to point out some of those who did so were outspoken against SB862 in its previous form and were active on the inside in trying to remove some of the worst features of the bill. That includes Reps. Taylor, Keller, and Lederer.