THE COUNCIL CRIER

October 1999

The Future of Venice Island

The recent devastation wrought by hurricane Floyd has put the future of Venice Island in the forefront of many peoples' minds. Philadelphia City Planning Commission was already working on development guidelines and many civic and environmental groups were formulating their own ideas as to what should happen with the land. This issue of the Council Crier contains a short questionnaire, asking for your opinions. The following information should help you to have a better understanding of the issues surrounding development.

The Legal Background of Concern:

Philadelphia City Ordinance 10-1101A defines development as "Any construction, reconstruction, modification, extension or expansion of buildings or structures, placement of fill, dredging, mining, storage of materials, land excavation, land clearing, land improvement or any construction thereof." Ordinance 14-1606(5)(a) then restricts activities within the floodway by stating, "No encroachment (including fill, new construction, or any development) is permitted except that public utilities are permitted as long as they cause no increase in the One-Hundred (100) Year Flood level." The City's Planning Commission stated that this ordinance is not meant to prevent construction in the floodway but instead to assure that the level of floodwaters are not increased. Others believe that the true intent of the ordinance is to fully prohibit any of the activities cited in 10-1101A in order to best protect lives and property from harm, only permitting public utilities where they will not increase the base flood elevation.

Philadelphia enacted its ordinances in 1979 in order to participate in the National Flood Insurance Program (NFIP). Community participation in the NFIP makes home and business owners eligible to purchase flood insurance at lower federal insurance rates, and allows these same people to receive federal disaster assistance for immediate relief after a Presidentially declared flooding disaster. Community ordinances must meet the minimum requirements established by the Federal Emergency Management Agency (FEMA). In turn, FEMA policy is based on Presidential Executive Order 11988, issued by President Carter on May 24, 1977, which ordered agencies to "take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains.

The wording of Philadelphia's ordinance is in fact more stringent than FEMA's minimum requirements for protecting floodways. FEMA's criteria allow some construction in floodways, although scientific analyses are required to prove that any proposed encroachment into the floodway would not increase the elevation of water levels when a regulatory flood occurs. If a community's plans would increase flood levels, then an application must be made to FEMA to revise the established floodway, and notification to all impacted property owners, both inside and outside the community, is required (as per 44 CFR 65.12). This is more lenient than the verbiage in Philadelphia's ordinance, which, as mentioned earlier, only allows public utilities if they do not increase flood levels. There are no other allowances for encroachments into the floodway within Philadelphia's ordinances.

Why is this important?

Construction in a floodway may obstruct the flow of floodwaters, increasing the risk of flooding not only to the immediate area, but also to adjacent areas. In this instance, the increased risk would be to a number of small businesses on Main Street in Manayunk, some of which are already within the regulatory floodplain of the Schuylkill River. These enterprises worked hard to succeed, and could be further endangered by obstruction of floodwaters on Venice Island if construction of any type is allowed within the floodway. The Flood Insurance Study (a document containing background engineering data for the Flood Insurance Rate Map that identifies the location of floodplains and floodways within a community) indicates that road and railroad crossings already form some obstruction to water passage, and currently affect the level of flood waters. Adding to existing obstructions would be detrimental to already existing businesses along Main Street.

We should not be fooled by the idea of a flood with only one-percent chance of occurrence each year as being a rare event. According to the Federal Emergency Management Agency, over the lifetime of a 30-year mortgage, a homeowner has a 26 percent chance of experiencing that flood during the life of the loan, but during that same period there is only a 4 percent chance of a fire.

You may ask why those of us who do not live in the floodplain or own businesses on Main Street are concerned about floodplain issues in those areas. There are a number of reasons to be concerned. Flooding that occurs in one area does affect other nearby areas. Businesses damaged by flooding will have to close for repairs and cause their employees to lose income. Transportation routes through flood-prone areas will cause isolation of other area residents and workers when waters cause the closing of these roads and rails. Utilities located in a floodplain and damaged can no longer service area citizens dependent upon those services.

Furthermore, should Philadelphia violate its own floodplain management ordinances, it runs the risk of suspension from the National Flood Insurance Program, and thereby puts every flood insurance policy holder in the city, whether residential or business owner, at risk for not being able to renew those policies.

- Friends of the Manayunk Canal

City Planning Commission explains Floodplain Controls

Contrary to the opinion of many in the community, the existing floodplain regulations existing in the Philadelphia Zoning Code and the Federal floodplain controls of FEMA do not prohibit development on Venice Island. The prohibition of new construction in the floodway was placed in the Philadelphia Code not to stop any future development or redevelopment but to assure that construction could not proceed without appropriate engineering studies and proper countermeasures. Unlike other requirements for variances, there is but one criterion for granting variances from the prohibition of new construction (filling or earthmoving) in the floodway: "No variance may be issued which would result in any increase in flood levels during the Regulatory Flood (100 year)." This was placed in the Zoning Code to assure that proper hydrologic studies were prepared and offered into evidence at a Zoning Board of Adjustment pubic hearing where they would be subject to review, discussion, and if need be, refinement. Since the enactment of Philadelphia's Flood Plain Controls, it has been the policy of FEMA and the City to allow development and redevelopment (once hydrological studies have been prepared and approved by FEMA, the Planning Commission and the Zoning Board of Adjustment) that does not increase the volume of structures that existed on an individual lot a the time the study of the Schuylkill River watershed was prepared by the Army Corps of Engineers. Not to allow for this level of redevelopment or reuse of a lot would be considered a taking of property rights for the property owner and the City could be liable for compensation to the owner (as well as be required to issue permits).

Second, any new construction must also meet certain building standards established for construction in the floodplain. For example, residential living space must be constructed one foot above the elevation of the 100-year floodplain and additional floodproofing construction techniques must be included in the building's design.

(See survey below)


Manayunk Garden Club

At the most recent meeting of the Manayunk Garden Club, Jane Glenn announced that the grant application from the Friends of Manayunk Park to the Pennsylvania Horticultural Society had been awarded! The amount of the grant is yet to be determined, but it is expected that the money will be available early in the new year. The grant requests assistance with landscape design and the hiring of an arborist, and was expanded to include implementation of the landscape design as well as erosion control. Kudos to all involved with the grant, especially Ginger Restemeyer, Jane Glenn, Vince Esposito & Kay Smith!

Involved in yet another grant application, Ginger Restemeyer reported being awarded a $100 mini grant from the PA Urban and Community Forestry Council to create an attractive and durable educational poster that will be inserted into the MNC newsletter and mailed to community members. The poster will address the need for street trees, their importance in terms of beauty and usefulness, the planting and care of them, how and where to obtain them, and the duties and responsibilities of citizens who own them. The seed money will be used for printing and mailing and the matching funds will be in the form of labor provided by the Manayunk Neighborhood Council to produce the poster and mail it. Volunteers are needed to work with Ginger on this project! Please contact Jane Glenn at 215-482-5528.

Members of the Manayunk Garden Club who attended Smith & Hawken's October 13th workshop on Fall Colors learned about plants and pots for fall container gardening. Members were able to create a container together, which included ornamental grass, goldenrod, sedum, pansies, mums, and a dwarf evergreen. The result of their efforts are on display in the store.

The next meeting of the club will be held on Wednesday, November 10 at 6 PM, to coincide with Smith & Hawken's speaker on composting at 7 PM. The next scheduled work day will be on Saturday, November 20, from 9 AM to 12 PM at Pretzel Park.

North Light News - Fall 1999/Winter 2000 Arts Program Schedule

FOR CHILDREN

Children's Arts & Crafts - Wednesday evenings 7- 9 PM until Dec. 15. $1 per class.

Children's Ceramics - Tuesday evenings 7 to 9 PM $12 registration, $2 per class. The class fee includes paints and firing, greenware available for purchase.

FOR TEENS

Teen Ceramics - Thursday evenings 7- 9 PM, $15 registration, $2 per class. The class fee includes paints and fir-ing, greenware available for purchase.

FOR ADULTS

"You Can't Take It With You" - North Light Players will perform the hysterical Moss Hart, George S. Kaufman comedy on Dec. 3, 4, 10 & 11. Call 483-4800 for information.

Adult Ceramics - Monday evenings, 7 -9PM . $20 registration, $3 per class. The class fee includes paints and fir-ing, greenware available for purchase.

Adult Acting Seminar - Tuesday evenings, 7 - 9 PM for six weeks in Oct. and Nov. $50 registration fee.

Salsa Dancing - Friday evenings, 6 - 7 PM for eight weeks beginning October and ending December . $75 registration fee. Partners welcome but not necessary. Dress shoes req'd. Call (215)535-4388 for registration & info.

FOR FAMILIES

For a "BOO!!tiful" Halloween and a truly Haunting experience come to North Light's Annual Haunted House on October 28, 29 & 30 from 7 to 9. Call Dawn for at NLCC.

MaMa Mia!

On Saturday, October 16th, 172 neighbors sat down to a spaghetti dinner in St. Lucy's Community Hall. The event was held to raise money for legal fees incurred in the appeal against the proposed Neduscin development at 162 Gay Street. Saints Caterers served Caesar salad, linguini in marinara sauce, meatballs and/or sausage, rolls, fresh fruit, soft drinks and coffee. A variety of delicious desserts were provided by donations.

The raffle prizewinners were:

1st Prize- (Wagon of Cheer) Jesse Jane Lewis

2nd Prize- (Toshiba TV/VCR) Rick Tharan

3rd Prize- (Certificate for Valley Green Inn) David S. Smith

4th Prize- (Certificate for John Harvard's Brewhouse)Jean Joka

Mary Brook won a separate raffle for an additional 19" Zenith TV.

Everyone agreed the evening was a huge success for an important cause.


Questionnaire for Redevelopment of Venice Island

The Philadelphia City Planning Commission (CPC) recently presented the community with plans for a zoning district overlay. Their preferred scenario, lowest density, plans are for residential use that would allow 553 housing units (@1200 sq. ft. per) and 18.000 sq. ft. of auxiliary retail.

The upper and lower tips of the island are owned by the City and slated to be parks. The Smurfit industrial property will not be affected by the plan other than a request for an easement along the river.

CPC Preferred Scenario Requirements:



Question Yes No Undecided
Disregarding floodway issues, should new development include:
Commercial (offices, warehouses, non-retail)? _ _ _
Retail (restaurants, stores)? _ _ _
Industrial (light industry)? _ _ _
Parking (multi-story garages)? _ _ _
Residential (apartments, town houses)? _ _ _
Regional Recreation (boat and bike rentals, skating rinks)? _ _ _
Local Recreation (enlarge VI Recreation Center, parks)? _ _ _
Passive Recreation (natural undeveloped areas)? _ _ _
Should development on Venice Island be prohibited due to its location in the floodway of the Schuylkill River?
_

_

_
Overall do you favor development on Venice Island? _ _ _


What amount of development should be allowed? (circle one)

a. None (If industries leave, do not replace them)

b. Minimal (Allow reuse of existing buildings only)

c. Medium (Allow development with an equal mix of greenspace)

d. Maximum (Cover the island with development)

Please give your street block address (e.g. 100 block Gay St):

Please mail to Manayunk Neighborhood Council, PO Box 4667, Philadelphia, PA 19127 or drop in North Light's mail slot at 175 Green Lane.