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Required Meeting for 4540 Ridge Avenue Gustine lake Pump House - Outdoor Electrical Equipment (Generators and Switchgear)

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Feedback from East Falls Community and Zoning Committee 09.18.2024

 

This was the required Community meeting held on 09.18.24 by zoom at 7 pm with notified neighbors. Subject was the Referral for the project triggered by the removal of legacy trees on parkland. The hearing for the referral is scheduled for November 20th at 9.00 am by zoom. The project is for the addition of exterior electrical equipment to be located adjacent to the pumphouse including generators and switch gear requiring the removal many trees.

 

The community review of this project is always an opportunity to provide constructive feedback to align with community standards and expectations, in order to maintain the East Falls physical environment and quality of life. The community review consists of comments made by nearby residents, other East Falls residents, and the Zoning Committee (10 members in attendance)

 

Lighting:

There were cuts of LED fixtures which might be used. There were no plans shown to replace and upgrade existing lighting. The community suggests:

1. A site plan showing photometrics and lighting levels that meet security requirements but also conform to energy code minimums.

2. Full cut off fixtures. The example shown is angled which will make the light source visible.

3. Bollard lighting in lieu of generator mounted lighting around the generators that meet security requirements and required light levels.

 

Landscape:

The landscape plan showed the new generators and switchgear being placed in a dense stand of trees which is currently an effective visual buffer approaching from the south on Ridge Avenue. These will be mostly removed then enabling unobstructed visibility into the site and the new equipment. This will also much increase the visual perception of size of the site, transforming the Plant from one attractive building and parking lot in parkland into an open facility with large equipment and bright lighting surrounded by just a few trees. New trees are mostly native and 2-1/2” to 3” caliper size. Those that survive will eventually grow to significant size. Community suggestions included:

1. The addition of an evergreen and deciduous understory of appropriate ornamentals and shrubs that will provide eye level screening between tree trunks.

2. All proposed major trees are deciduous. Evergreen natives should be part of the tree mix to help provide year-round screening.

3. Add trees and understory along Ridge Avenue to the few surviving existing trees adjacent to the entry driveway.

4. Add more initial trees to account for tree loss and maintenance issues.

5. It is recommended that PWD require an up to three-year warranty on all new shrubs and trees and that the warranty is enforced.

 

Generators and Switchgear:

The two generators are understood to be enclosed in Level 2 sound attenuation enclosures and will be painted a standard color which will be dark green to make them less conspicuous.  They will be 18’ above adjacent grade and will be elevated out of flood level and sit atop a concrete base and diesel fuel tank.

1. Please provide an acoustics study that demonstrates the level of sound control will meet the Noise Ordinances at both daytime and nighttime maximum levels at all neighboring property lines.

2. A solid masonry/concrete screen wall around 3 sides of the generators and switch gear would significantly conceal the generators and contain their required lighting. The screen wall should be textured on the interior to help scatter the sound waves and naturalistic on the exterior for visual benefit,

3. Confirm testing runtimes will occur only in daytime hours between 10.00 am and 4.00 pm.

4. Confirm Generators and Switchgear will be surrounded by pervious stones/aggregate.

 

Fencing and Barriers:

PWD plans to install chain-link fencing with barbed wire at all new fence and barrier perimeter locations for security. It is understood there are federal security requirements, however the proposed chain link fencing will make the facility look like a high security detention center. The following recommendations are made:

1. New fencing is an opportunity to upgrade the aesthetic quality and standard, this would include the replacement of all existing chain-link fencing with steel picket style. The 8’ high picket fencing adjacent to residential properties which was used at the Queen Lane Plant complied with security requirements and is acceptable.

2. Many other black steel picket fencing or mesh panels meet federal security requirements and are already used at water infrastructure plants. Here is one example of each. These companies have many other security options.

Forte - Designmaster Fence | Security Fences - Perimeter Fencing

Steel Picket Fence | Ametco Manufacturing

 

During the meeting we agreed that we would send PWD this summary of concerns and that you would provide them back to the full team. We also agreed that as PWD implement changes, that we should review them during our next Community Zoning Meeting on October 16th at 7.00pm also by zoom.

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City Council passes Queen Lane re-zoning bill without all protections sought by EFCC.

 

On May 23rd Philadelphia City Council approved legislation sponsored by Councilmember Curtis Jones, Jr., to change the zoning of the 110-acre Queen Lane Water Treatment Plant from Residential to Civic Use. (RSA-2 to SP-CIV)

 

The bill did not include stronger amendments sought by the East Falls Community Council’s (EFCC) Zoning Committee and nearby residents that we have been proposing since mid-2023. The City Planning Commission and the Water Department both decided without the courtesy of requested meetings, to not include our amendments.

 

Under the current zoning of the property, EFCC and neighbors have input into conditions at the edge of the facility along the public right of way.  This is how in 2010 neighbors were able to get improvements as the utility upgraded the lighting and security of the site that they would not otherwise have provided, or be required to do so.

 

Now with the Philadelphia Water Department (PWD) ready to conduct a decade-long, $1.1 billion rebuilding of the plant, PWD has now achieved a zoning change that would gut the voice of the EFCC and residents in any zoning decisions except for those currently included in the bill.

 

This is not acceptable, given that the facility is directly across the street from homes on Henry Ave., Queen Ln. and Abbotsford Rd. We want to be clear that we recognize the need for this significant construction project, and we have had absolutely no desire to delay it. In return for agreeing with the zoning change we wanted substantive collaborative meetings where we could discuss and review our proposals as the bill developed and advanced over these last 9 months. Instead, what transpired were indeed a series of meetings but none in which our concerns could be reviewed together in a professional setting - such as we are used to in our professional careers.

 

EFCC agrees with the need for the zoning change, as it effectively fast tracks funding, design and construction for all the elements of the project.  This includes the upcoming drilling for a $260 million, 10-foot-wide Schuylkill River crossing tunnel that will connect the Belmont Ave. and Queen Lane water treatment facilities.  This tunneling is set to take place in 2026.

 

The EPA funding dedicated to the Reservoir reconstruction itself is $763 Million, according to data provided by Randy Hayman, PWD Commissioner and Chief Executive Officer.

 

For the PWD to be spending $1.1 billion on East Falls alone, clearly there needs to be some assurances for such a huge project from a utility that historically and universally has not been held to the same higher standards we are accustomed to form our institutions of higher education, our professional sports teams, corporate campuses.

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Go to the Phillies - you will see a secure facility with high metal fencing, generous landscaping and a walkable pedestrian environment. Go to any PWD facility and you will see overgrown rusty cyclone fencing and barbed wire, eroded berms, uneven sidewalks and areas with open dumpsters, mounds of packaged anthracite, parts storage and haphazardly located storage containers in public view, noisy pumps, gates hanging off their hinges – very poor custodianship.

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Our PWD has instituted strong storm water practices into our codes, has supplied clean water that exceeds federal minimum requirements, developed holding basins that hold storm run-off in peak periods of rainfall, separated sanitary and storm waste systems throughout the city with one of the oldest national infrastructures - they serve as well in these respects, with vision. So why can they not uphold the same standards throughout their physical facilities as befits an institution of vision and progress?

 

What happened with PWD over the course of 2023 and 2024?:

• PWD officials promised a community agreement in meetings with us in 2023. That is documented in presentations linked on this website.

• PWD downgraded their promise of a Community Agreement to a “Non Binding Letter of Commitment”.

• PWD then further downgraded that “letter of commitment to a “Memorandum of Understanding”.

• PWD in an April 8th hearing before City Council Rules Committee, the Commissioner Randy Hayman requested the bill be passed without any of the above.

• PWD has promised “listening sessions” and updates to our community. What will be the point of these sessions if we are completely ignored by them per all the above?

 

PWD has stated it doesn’t know what it is going to do:

• PWD has stated they are applying for EPA funding of $2.4 Billion for 400 City wide water infrastructure improvements, $1.1 Billion being devoted for the Queen Lane plant alone. But currently they have no plan except they expect the Tunnel to be constructed in 2026 and the reconstruction project to be undertaken 2036 to 2042. They say it is too early for the planning process but that we will be updated as planning starts. However, with the zoning change and the by-right redevelopment of the site, it is more likely we would be reviewing development plans that are "fait accompli".

• PWD has stated they do not know where buildings and processing plants will go, or if the water storage basins will be rebuilt and they do not even have a site plan that could have been a preliminary basis for determining funding requirements.

• How do we know this is the correct funding for this project? Costs are usually calculated from detailed site plans, demolition costs, engineering drawings, material estimates, and contractor bids corrected for inflation. PWD has none of the above.

• What happens if this is too little? Would PWD then cut back the scope of the reconstruction? Compromise on the needed infrastructure to meet the EPA grant budget?

 

Has the City Planning Commission (PCPC) " served" our community adequately in the development of this bill? Their website states - “We guide investment and growth in Philadelphia. Our goal is to create neighborhoods that are well-connected, affordable, and desirable places to live and work”

• PCPC has not met collaboratively with us on our issues. They have not granted us any meetings despite our multiple requests.

• PCPC has reviewed our requests and selected what they feel is appropriate. No conversation or explanation.

• PCPC have withdrawn previously satisfactory amendments in the bill without explanation.

• PCPC does not support our proposal for a City Approved masterplan. Other Special Purpose Use districts have this requirement, we wanted an exception as The Utility is sitting in the middle of a residential neighborhood with undeniable impacts on its neighbors. 

• PCPC staff in a phone call told us that the EFCC had delayed the zoning Bill for 2 years and that we wanted full-size trees as part of our buffers. The facts are that the Bill was delayed after being introduced by error without community input. That process took only 9 months. Then the trouble started as PCPC and PWD took months to review community concerns. Regarding trees we have only ever asked for 3” caliper max in buffers.

 

What are some of the amendments that EFCC has asked for and were not approved?:

• Primarily, it was agreed that transmission towers, permitted by special exception, would be restricted to building-mounted antenna for municipal use only.  For some unexplained reason this did not make it into the amended bill.  It needs to be included.   A 100-foot-tall transmission tower would not be a good neighbor. Cell towers are considered urban blight at the same level as billboards.

• Another concern is that the current requirements for buffer zone landscaping are minimal.  Plantings take years to grow in, and sometimes not at all, especially if there are plant failures.  PWD historically has not replaced shrubs and trees that die.  EFCC has proposed more robust planting in buffers, which would provide more substantial and natural screening at critical areas, such as parking lots.

• EFCC also has proposed that landscape buffers be required on Fox St.  By current zoning law there would be no buffers due to there being no residences.  But Fox St. is one of the major gateways into our community and it is important that there are landscape buffers where the utility will locate most of its visible plant.

• There may have been reasons that these and other amendments were not acceptable to the PCPC but we never received an explanation or a meeting. We just were told “NO”.

 

Has the Councilman assisted the East Falls Community?

• Yes. The Councilman told the PWD on April 8th that if they were to be given the by-right Zoning that there absolutely had to be assurances for the community.

• To his word, The Council man had PCPC include community protections for landscaping, buffers, fencing, lighting and driveways into the Zoning Bill.

• That amended bill was submitted to us for our review as the Bill was before city council for approval.

• None of our strengthened amendments were adopted or discussed per the above.

 

Our goal is to keep working with the Councilman’s office so we can update the bill in an upcoming session. Our leverage, however, is gutted now the City Agency has the by-right zoning. Other than what is included in the bill and allowable within the SP-CIV zoning designation we remain vulnerable.

 

Below: April Update

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The rezoning bill advances - we still do not have an agreement - READ ON!!!

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On Monday, April 8th, the East Falls Community Council appeared at a hearing of City Council’s Rules Committee to testify in provisional opposition to the rezoning of the Queen Lane Water Treatment Plant, because no community protections are yet in place.  As explained below, the Rules Committee, after hearing everyone’s testimony, adopted a compromise position.  As this plays out over the next period of time, we continue our advocacy, including by having a community Happy Hour at the Wissahickon Brewing Co., on Wednesday, May 1st, from 6-8.  Please mark your calendars. 

   

At Monday’s Rules Committee hearing, the two sides asked for different things.  EFCC asked the Committee to hold the bill until community protections can be put in place. The Philadelphia Water Department (PWD) asked the Committee to vote the bill out of committee and to “suspend the rules,” which means the bill receive an expedited final vote by the full Council next week and be sent promptly to Mayor Parker’s desk. i.e. No binding agreement to community protections - the exact opposite to what was promised by PWD during meetings in 2023.

 

So what happened? Well, at the request of our District Councilmember, Curtis Jones, Jr., the Rules Committee voted the bill out of committee, but it did not vote to “suspend the rules.” The result is that, while the bill has been voted out of committee, Councilmember Jones can now use his discretion about how fast the bill gets to the full City Council.  He said he wants to check with the Planning Commission and the Law Department to see if some enforceability can be obtained and he wants to give the parties more time to negotiate.  We can’t say exactly what his thinking is. We continue to ask him to tell PWD to do better. 

 

There was a moment at the hearing when the PWD Commissioner testified that PWD “is not required” to give the community any binding commitments.  That remark was not embraced by the members of the Committee, who emphasized that the demolition and rebuilding of the plant would take perhaps a decade to accomplish, compromising the quality of life and property values of East Falls residents.  

 

What sort of protections are we seeking?  We are seeking limits on bright lights spilling illumination outside the facility; appropriate fencing (i.e., a commitment to have new fencing match the single picket fencing that exists along Queen Lane, which we fought for years ago); sufficient landscaped buffers along the perimeter; keeping the historic stone walls, which provide defining character to this area; sound attenuation measures; and several other requirements.

 

We need your help to keep up the activism. We are having a community happy two hours at Wissahickon Brewing Co. on Wednesday, May 1, 2024, from 6-8pm.  Please make every effort to attend. There will be no admission fee. The goal is to show our solidarity and our shared concerns, we will provide any new updates. Enjoy some local brew and neighborly camaraderie. 

 

Please continue to ask friends to sign the online petition.  Our lawn signs are still going strong, so please make sure you have yours and that your neighbors do, too. 

 

We thank you and look forward to having a beer with you on May 1st.

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Below: March Update.

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EFCC plans to oppose PWD’s Queen Lane rezoning bill at April 8th Rules hearing; community help is needed.

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Although no protections for the community are in place or even in sight, the bill  to rezone the Queen Lane Water Treatment Plant is scheduled to be heard at a City Council Rules Committee hearing on April 8.

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The hearing will be at 10 am in Room 400 City Hall.  East Falls Community Council intends to oppose the bill.  The community’s help is needed.

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As reported in East Falls NOW, the Philadelphia Water Department (PWD) is initiating a multi-billion-dollar, city-wide project to upgrade many of its facilities, including demolition and new construction at the Queen Lane facility.  The EFCC Zoning Committee agrees with the goal; we are not opposed conceptually.

For the Queen Lane Plant, PWD indicates it will not begin the design phase until 2030 or 2031.  The reconstruction is expected to run from 2036 to 2045. 
Notwithstanding that the work is so far away, PWD is requesting an ordinance now, for “by-right” zoning allowing PWD almost free reign.  Given the proximity of so many homes, we are concerned.  

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Some 13 years ago when PWD proposed horrendous fencing and lighting around certain parts of the plant, we had leverage to negotiate better results.  The rezoning requested now would strip the community of that leverage. 

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We are asking for two types of protections before the rezoning bill moves forward. 

First, we are asking for PWD to enter into an enforceable agreement establishing basic parameters about fencing, lighting, new curb cuts, landscaping, placement of loud equipment, retention of the impressive stone walls, etc. 

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This is not a new concept.  If you attended EFCC meetings in 2023 where PWD presented its plans, you will recall that we repeatedly discussed, and PWD repeatedly agreed, that requirements would be placed into an agreement.

Indeed, PWD, in its PowerPoint presentation, stated that it would enter into a “community agreement” with us.

 

Second, we asked that the redevelopment of the facility be required to follow an official Master Plan that would be prepared by PWD and reviewed and approved by the Planning Commission and City Council -- a process used for certain other large properties in the City.

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On March 20, 2024, we met in the offices of Councilman Curtis Jones, Jr. with PWD Commissioner Randy E. Heyman, Esq. and his staff, Councilman Jones and his staff and representatives of Mayor Cherelle Parker.

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At that meeting Commissioner Heyman stated that PWD is not willing to enter into an enforceable agreement.  He also stated that, in PWD’s view, the City-approved Master Plan process is not appropriate for this property. Instead, he said we should be content with providing public input on this project when parts of it go to the Art Commission and Civic Design Review. It should be noted that any recommendations made at the Civic Design Review are optional and not required to be incorporated.

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We note that PWD has agreed to continue discussions, and we will try our best to change their minds. But we do not expect things to be easy. 

We can change this situation.  Most important, we need to help Councilman Jones help us.  EFCC is circulating a petition asking Councilman Jones to hold the bill until community protections are put in place.  Please use the QR code depicted here or visit www.eastfallscommunity.org/queenlanereservoir to sign the petition. 

 

Please also visit EA&I@icloud.com to obtain a lawn sign for your property.  EFCC would appreciate a voluntary $5 donation for each sign to help defray costs.  Finally, please try and attend the Rules Committee hearing on April 8th.  We will have signs for you, and residents can also testify if they wish. 

With your help, we can obtain the community protections we seek.  Even if the Rules Committee hearing occurs, an additional vote is needed, and we will be planning more ways for residents to become involved. 

 

3500 Ainslie (CMX-1):

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This is the corner property located at the corner of Ainslie & Conrad. It used to be a bar with apartments above. The owner appealed to legalize 5 existing apartments.

 

Ainslie neighbors have strongly objected over time to the poor condition of the property, the continued use of the sidewalk for trash and recycling storage and 5 to 7 cars parked adjacent.

 

Neighbors and EFCC zoning committee requested with a proviso that a maximum of 4 appts be approved and the ground floor be restored to Commercial use.

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The Zoning Board of Adjustment (ZBA) supported the EFCC and the community in their decision issued on 06.24.2023

 

However, License and Inspections issued a Zoning Permit in error for 5 units on the same day. It appears that 5 units have now been renovated in willful non-compliance by the owner with the Zoning Board Decision. They and their attorney were issued the Decision which stated that the ground floor was to be commercial and only 4 units were to be renovated. Currently, the exterior is in the same shabby condition.

 

This was reported to the Zoning Board and 311 after it was noticed that work was on-going and no ground floor commercial use was evident during the construction process. It should be noted at this point that the zoning board deferred the issue to 311 rather than track down the issue. After 30 days, 311 concluded "Case Closed" with no further detail. Upon further inquiry they stated that the North Division of L & I would supply more information. The North Division supervisor then stated this should go back to the ZBA, who then stated that this should be followed through at License and Inspection "Zoning Unit". However, the Zoning Board have stated they do not possess or know of a contact, email or phone number in that unit!!!! The North Division has provided a number since that does not announce itself as "Zoning Unit". A message is left.

 

This is all very disturbing for reasons evident above. It also amounts to a colossal waste of time for all neighbors and Zoning Committee members trying to "Make East Falls Great Again".

 

Neighborhood Commercial Area (NCA):

 

Described at length in the East Falls Now and the subject of a community meeting and vote on June 12th, the EFCC has been working with a coalition of business stakeholders and the Development Corporation to update the existing east Falls NCA.

 

An NCA is an overlay to the Zoning Code which contains additional local requirements appropriate to our neighborhood. The updated NCA has now become part of the Zoning Code being passed before the PCC summer layoff. The update is available for review on this EFCC website Zoning page.

 

A second round of updates has been discussed and will be further described in an upcoming update. Items under review are for example limiting height for CMX-3 projects on Ridge Avenue and adding a parking requirement to CMX-2.5 projects. For example, the new CMX-2.5 developments on Midvale Avenue do not require off street parking by the zoning code. An updated NCA would mandate it.

 

The goal is to pass a 2nd update in the springtime 2024 council session.

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Click HERE to see the NCA updated in June.

 

Wissahickon Brewery:

 

PECO have done their due diligence of the sale and bought the land under the Brewery. The PECO plan is to relocate the transformer substation adjacent to the creek to higher ground. PECO have now informed the Owner that the brewery will be required to vacate the property at the termination of the lease in approximately 6 years. The Brewery is a significant community asset and much enjoyed.

 

3300 West Schoolhouse Lane (Penn Charter):

 

The ZBA has approved the Masterplan and Lower school. One neighbor situated on the Oak Road has lodged an appeal to the masterplan, particularly related to issues of parking, traffic flow and landscaping and parking at the Historic Timmons House.  However, the construction of the Lower School will proceed starting with demolition of the field house in the Fall. This is the site of the new lower school. A Construction permit has been issued for the lower school.

 

4401 Ridge Avenue:

 

PHA have stated that the property will be put up for sale once again. There is a short recent history to this.

 

EFCC Leadership met with PHA in February 2023 to lay the groundwork to avert a repeat of the ATAPCO 4401 Ridge Avenue project. Over 2 years this was a wasteful, time consuming and expensive process that fortunately resulted in the withdrawal of an inappropriate development.

 

The project was a misfit being both an oversized neighbor to HillTop and Falls Ridge as well only minimally contributing to the walkability and continuity of the commercial/retail environment. The bulk of the units were one bedroom and studios warehoused in an eight story building at the rear of the site, the building length exceeding that of the demolished Falls Towers!

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Our understanding of our meeting above, was that PHA would authorize a sale to a developer if, and only if that developer had worked out a mutually acceptable project with the community and stakeholders. PHA had stated at this time that they no longer had an obligation to HUD for this site.

 

However, David Grasso, the developer of The Driftway at Calumet and Ridge Avenue reached out to EFCC on June 29th to state he had would like to develop the site at 4401 Ridge and that he had spoken to PHA, who told him to work out a project with the community and then report back to them. They did at the same time state that there was still a HUD obligation for the site. EFCC leadership contacted PHA to confirm if the obligation to HUD was on or off the table, who confirmed that indeed any sale of the site is now required to conform to current HUD regulations This now means there will be a straight sale 10% plus/minus market price to a developer and there will be no pre-sale project that could be worked out.

 

Our hope is that a modified NCA will actually be the tool that results in a successful development appropriate to our neighborhood. We will strongly support any developer who can come to the table with a project that advocates homeownership and or multi bed units encouraging vested stakeholders.

 

3520 Indian Queen Lane:

 

This site or any proposed development related to it, is not yet part of any zoning application, but it would be of significant impact if a housing developer would for example seek a variance for apartment dwellings which on the surface would appear to be a not just a worst-case scenario but a possible one.

 

This is the Site of Longs Auto and is currently zoned I-1 Industrial. The site has been under several contracts of sale, each of which have fallen through. This site should remain as zoned I-1, meaning that any proposal for residential development would be an automatic variance that would bring the proposal before the neighbors and community to which it is suspected, there would be strong opposition to a high-density development that would be an apartment complex for example.

 

As a neighborhood we currently have 745 Apartment dwellings recently completed or nearing completion with only 555 parking spaces provided. We are not a transit-oriented design community! We have regional rail with only adequate rush hour service and good access to roads radiating everywhere - this means at least 50% of our residents likely commute by car to their work - meaning we will remain a congested vehicle centric neighborhood with increased levels of service on our roads (LOS).

 

This data excludes New Courtland (formerly EPPI) and the Falls Center (formerly MCP).

 

The potential impact of another 100 units with 100 cars on a one-way street that is already a speedway cannot be underestimated.

 

What’s critical here is that those who find it easy to comment in media forums, take the step to come to EFCC community meetings and appear at ZBA zoom meetings, so their opinions are considered and acted upon.

 

Please check into the EFCC website zoning page for any zoning news and potential dates for hearings and not just pertaining to 3520 Indian Queen Lane.

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