I’m not quite ready to declare victory tonight. But if we can believe the press release that is now appearing on Senator Fumo’s website—and if the Senate and House follow the Senator’s recommendations—then progressives and casino activists in the city are about to win a major victory, local control over zoning at the casino sites.
The press release on the website reads, in part:
“Residents of neighborhoods that are near the potential casino sites have raised some very legitimate concerns about the impact on their communities,” Fumo said. “I also had legitimate concerns about how local zoning ordinances might be used unfairly to place unnecessary obstructions in the way of casinos.
“But because of the strong community opposition, I am willing to try local control.
…
Next week, the Senate expects to remove the House-passed language and reinsert the provisions that it had passed on September 27, with several changes. In addition to restoring zoning control to local authorities in Pittsburgh and Philadelphia…
To make Fumo’s call for local zoning control real, the Senate will have to do three pieces of major surgery on SB862 next week. First it must remove the provision that applies the 2004 Philadelphia Zoning Code to the casino sites. The applicable zoning code should be the most recent one ever enacted by Council. This will allow council to City Council revise the code as appropriate for the casino and others sites.
Second, the Senate should restore the power to issue permits under the zoning code, and variances to the code, back into the hands of the Philadelphia Zoning Board of Adjustment.
Third, the Senate must remove the provisions in the current bill that define certain uses of a property as accessories to a casino. This provision would allow certain uses of a property by right instead of requiring a permit by the ZBA. The current bill allows business to create hotels; hospitality, convention, and conference facilities; residential units including owner-occupied or rental units; retail, commercial, or office space; theaters or nightclubs; parking areas or marinas; outdoor advertising; and warehouses without the permits normally required by the ZBA. This provision effectively limits the power of the ZBA to limit and regulate business at casinos and adjoining properties. (Hat tip to Mark Tulloss, who pointed out how dangerous this provision could be.)
If all three actions are taken by the Senate next week and concurred in by the House, then we will declare a major victory.
Of course it is only victory in one battle. For those of us who oppose the casinos entirely or who think that they belong at other, non-residential sites, then the war goes on. To borrow a distinction made first by Woody Allen: Casinos on the Delaware waterfront and in East Falls / Nicetown are miserable. Casinos on the Delaware waterfront and East Falls / Nicetown without local control over zoning would be horrible.
It looks like we may have dodged the horrible this time.