civus
Hearing video

ZBA Hearing - June 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 15, 20223h 59m

That position, I'm sorry.

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We're in opposition.

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One of them was that this was a very well attended Zoom meeting. I don't think I've ever been to a neighborhood Zoom meeting that had quite that many people on it.

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and in both instances,

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and the individuals change meeting to meeting.

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I know this is a judgment call.

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Mr. Patterson probably counts differently than I do.

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But the opposition seemed to us in both cases

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to really be unmoved.

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I didn't hear people at the end of this

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being persuaded by the offer of provisives.

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Additionally, we based our decision on our experience that provisos are really very weak protection for neighbors in cases where a variance is granted.

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It really puts all the burden on them of having to go back and say that this proviso or that proviso is not being met.

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And frankly, it's our experience that, you know, people at L&I who might have to oversee these things, you know, have a really hard time getting interested in something that's sort of a little bit out of their lane.

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Thank you, Mr. Thank you very much, Mr. Rossi.

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Thank you for calling in. We appreciate it.

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Is there anyone else that can offer something different so that we can move on?

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New and different.

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we have vincent last name beginning with l okay

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vincent proceed yes how are you hi could you state your name and spell it please

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vincent liuti v-i-n-c-e-n-t l-e-u-c-z-i right do you swear for him to tell the truth the whole

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truth nothing but the truth yes proceed uh i myself have a family business in the

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neighborhood i live on 18th of retner which is about two and a half blocks away from this building

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uh i am for the location uh we we need more businesses like boldino's in the neighborhood

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i worked at the steak shop when i was younger i know how clean they are i can't see this place

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being a mess i know the process i mean i mean that's really it i mean it's a it's a very good

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mr luisi thank you very much for calling in i i ron i think we have a good okay yeah planning

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commission mr chair and members of the board uh this is mason austin from the representing the

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planning commission this property is designated for single-family residential use in the comprehensive

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plan and its rsa5 zoning matches that designation while this block of woodstock street is primarily

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residential in character this corner property is directly across the street from a commercial

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property that has frontage on pass junk avenue further because this property was constructed

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with no windows on the ground floor is poorly suited to the residential uses permitted under

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the zoning code consequently staff of the planning commission recommend granting the request

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experiences with provisos limiting the operations as described thank you very much put their hand up

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as the planning commission was speaking who's that france pierre okay councilman right sure

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thank you mason hello good afternoon hi could you state your name and spell for the court reporter

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yes that's france pierre that's f-r-a-n-t-z last name pierre p-i-e-r-r-e all right do you swear

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affirms tell the truth the whole truth nothing but the truth yes i do proceed yes thank you

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mr chairman and uh good afternoon fellow board members uh due to the uh the business's long

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standing relationship with the community as well as the petition and the support of the coordinating

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rco council council member johnson's office does support uh the appeal uh to uh this particular

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address. Thank you very much for your testimony. Mr. Patterson, what we're going to do is we're

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going to put this off till next week and see by then we have the tax issues straightened out,

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and it'll also give the board a chance to discuss this topic, which had things on both sides of it.

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Sure, and I understand, and I'll work as well to try and get the tax certification.

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That's good. Thank you very much, Mr. Patterson.

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Thank you so much. Thank you.

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Okay. MI 2022-001-699-3501 on Civic Center Boulevard.

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Letter of support from the 27th Ward Republican RCO.

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Letter of support from the 27th Ward Republican RCO.

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Civic Design Review also approved it.

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Peter Kelsen is the attorney.

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Good afternoon, Mr. Chairman, members of the board, Peter Kelsen.

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That's P-E-T-E-R-K-E-L-S-E-N.

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I am here on behalf of the Children's Hospital of Philadelphia.

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do you swear do you swear for him to tell the truth the whole truth and nothing but the truth

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i do mr chairman vice chair has a few questions hi mr kelson do you agree to waive the reading

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of the refusal and stipulate to its accuracy madam vice chair i would be pleased to uh

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waive the reading and stipulate it's good to see you again have you emailed the exhibit packet with

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proof of ownership tax compliance a copy of the refusal or referral photos under plans of the

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property five days in advance of this hearing and have you met with the RCO and do you have a letter

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yes to all of the above okay great you may proceed and share your screen great I'm going

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to ask my colleague Mr. Klein to share his screen and we can go through the exhibits

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and while he is doing that so once again members of the board

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on behalf of the children's hospital of philadelphia we are requesting the zoning

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board to grant a variance to allow for the use of this property that you'll see in a few moments

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as a brand new state-of-the-art new patient tower.

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You have a copy of the Notice of Refusal.

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The only issue before the board with regard to variance requests

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is the provision of off-street loading.

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L&I indicates that we are required to provide 35 off-street loading spaces.

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The plan is providing 19. In a few minutes, you'll hear me describe why that is more than adequate and also why the providing of 16 additional spaces will ironically work a hardship to the subject property of the surrounding area.

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Jared, let's keep going a little bit.

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This slide is intended to give you an illustration of the area.

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The subject property that we are proposing, and that's before the board today, is within the heart of CHOP's main campus.

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If you will look at this slide, you'll indicate our surrounding properties.

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properties. Let me pause for a second. Could you promote Mr. Klein if you would?

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Thank you. So what you'll see on this slide is the surrounding properties to the subject

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that is before you today. The subject property where the new patient tower will be constructed,

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you can see highlighted in red in these three different focal points. And surrounding the

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new patient tower are other supportive properties by CHOP, owned by CHOP, operated by CHOP,

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as well as University of Pennsylvania. Exhibit 5 gives you a zoning plan overview of the proposed

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development. Keep going. Let's pause here for a second. This slide is intended to show how the

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new patient tower will fit into, if you will, the existing campus. So this elevation shows the

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new patient tower in context with the rest of the campus.

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These elevations, which are intended to show the character and quality of this structure,

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I would point out to the board, we're talking about 1,400,000 square feet of gross floor area

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in 29 stories. There will be below-grade parking specifically for the patient tower of about 150

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spaces. You can see that indicated. And there will be an additional parking garage that's

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under construction, replacement of a garage that formerly existed. And the total amount of parking

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provided within this campus area will be approximately 450 cars. This will give you

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an illustration of how the parking will be oriented below grade as well as access points

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for patients and their families into this new facility.

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and their families into this new facility.

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Again, scrolling down, just giving you a sense of the connectivity between the new patient tower,

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the main hospital, and the balance of the campus. I will describe this in more detail in my

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testimony members of the board in a moment. Jared, let's keep going, please. This is an

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illustration that I think will provide the board with the context of how the campus will look and

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feel after the construction of the new patient tower. This is intended to create a significant

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amount of open space, plaza area, connective space between the various components of the

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campus, including the University of Pennsylvania, and afford our patients, our visitors, our staff

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with the opportunity to have a pastoral setting on this side of Civic Center Boulevard.

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On the opposite side, we have additional plaza areas supporting those buildings.

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You can see the care and attention that CHOP has given to its overall surroundings, and just a little money shot to show you what this will look like at night.

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So members of the board, let me delve into some specifics if I could.

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The subject property is zoned CMX 5 commercial. The use itself is permitted. The site itself is about 130 square feet of lot area.

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In terms of the proposal itself, we will demolish the existing wood building and in its place, as I indicated, construct an approximately 29-story brand new structure that will be used as a state-of-the-art medical facility,

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which will allow CHOP to expand its ability to serve critical care patients, children, inpatient, as well as diagnostic.

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We are critically in need of additional beds, members of the board.

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And this facility will help make a significant impact, positive impact, with regard to that issue.

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The additions, and I'll show you in a few minutes, the stacking plan again, will provide 500 more beds.

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These will be oriented as private works for the patients and will allow for critical care, diagnostic care throughout the building.

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building, but also remember the connectivity to the main hospital, which will be created,

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as well as to the other facilities immediately surrounding the new patient tower. When I say

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connectivity, I mean literally through bridges and physical connections, as well as campus

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connections. The loading issue that's before you, let me delve right into it, because that's

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really the heart of the case. The zoning code requires, again, as I mentioned, 35 loading spaces

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to service the proposed new patient tower. We are providing 19. Deliveries are controlled by CHOP

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through a variety of mechanisms. Primarily, CHOP has established a supply and logistics facility

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that will be utilized and is being utilized to provide deliveries real-time as needed

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to the new patient tower. That eliminates the need for excessive loading area. In addition,

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the loading will be carried out in most cases with much smaller vehicles, box vans,

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box, as the code is demanding, semis, you know, tractor trailers. I mentioned a little bit a

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while ago, this is a situation where if you don't grant the variance, you're working a hardship

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on the property and the surrounding community. What do I mean by that? Well, by adding another

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16 loading spaces with tractor trailer spaces, you're unnecessarily creating traffic congestion

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in this already congested area for no reason. Equally importantly, by adding

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for no reason. Equally importantly, by adding that additional loading, you are degrading the

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environmental condition of the area. You're generating unnecessary pollution for no reason.

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I would also point out to the board, this plan, the loading plan, has been extensively reviewed

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by the City Streets Department, Planning Commission, and they are supportive, I'll let Mason speak to

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that later, supportive of the reduction in loading spaces. We were before the Civic Design Review

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Committee last Tuesday, June 7th, and received a conclusion and their support for Civic Design

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review. It was a one-on and one-done. I believe you will note that there is significant public

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and RCO support for this project. I have Madam Vice Chair and members of the Board

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shown at Exhibit 2 in front of the screen. The support of the convening RCO, that's the 27th

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board Republican RCO, both for the civic design review component, but also, if you know, to the

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ZBA, very emphatic support for the variance request. And Jared, if we could go back to the

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stacking plan for one moment. Members of the board, let me give you a simple scoping, if you

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will, of what's going to be in the new patient tower. That's perfect. The patient tower will

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contain eight diagnostic treatment floors, eight floors of treatment facility. We will have 12

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inpatient floors with 40, as I said, private rooms per floor, equaling about 500, precisely 480 beds

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brand new provided. Building will be LEED Silver certified. As I said, the connectivity

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amongst the campus and the main hospital will be extensive and allow CHOP to deliver the highest

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quality of medical care to its critically needed population. And finally, if you look at the

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arrival and lobby configuration. We have one more slide to show you about that. We're facilitating

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our patient, there you go, our patient drop-off, family drop-off, visitor drop-off

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in a much more sophisticated manner than we are able to do now. There will be lay-by lanes created,

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But most importantly, it will allow for a much more positive experience to our visitors, patients and their families.

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And unfortunately, a very, very difficult time for most of them.

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And with that, members of the board, I'm happy to answer any questions you may have.

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I would like to promote, if I could, Patrick Montgomery from Children's Hospital to have him affirm my statements.

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Thank you. Mr. Montgomery, please raise your hand. And when you come on, please state your name and spell for the court reporter.

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Hi, this is Patrick Montgomery, P-A-T-R-I-C-K-M-O-N-T-G-O-M-E-R-Y.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do. Proceed, sir. Thank you. Mr. Montgomery, are you employed by the Children's Hospital

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of Philadelphia? Yes, I am. And what is your position at CHOP? I'm a project manager. And are

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you a project manager associated with the New Patient Tower project that I described to the

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board today? Yes, that's correct. And Mr. Montgomery, you heard me offer quite a bit of

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factual information and testimony to the board regarding the development of the new patient

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tower. Is that correct? Yes. And if you were to make your own testimony, would you adopt the

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testimony that I gave as yours for the board? Yes, I would. Is everything that I said to the

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board true and correct to the best of your knowledge? Yes, it is. Mr. Chairman, members

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of the board, I have no further questions of Mr. Montgomery. Mr. Kelson, just one question. So the

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6,400 block of market is going to be the logistic center for CHOP, right? And they will control how

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things are go back and forth and things of that nature. So all this will be controlled from there.

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so all this will be controlled from there is that right well that that's the main control that is

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Is that right? Well, that's the main control.

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correct in addition to the 19 loading spaces that's right that will be coordinated through

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chop yes that's fine any other questions from the board no mr

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questions questions or comments from the virtual audience

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i see no hands chair planning commission

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hi mr chair and members of the board uh this is mason austin representing the planning commission

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this property is designated for commercial misuse in the comprehensive plan and its cmx5 zoning

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matches that designation the required 35 zoning required 35 loading spaces uh is excessive for

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the site and use of the proposed project and that project received very positive comments from civic

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design review committee staff of the planning commission recommend granting this variance

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Thank you. MI 2022-001-699-3501-Civic Center Boulevard, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Howland, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Council.

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Thank you, all members of the board. Good to see you again.

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Good, thank you.

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Thank you. Be well.

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MI-2022-001-675-3523 Haverford Avenue. Meredith Ferliger is the attorney.

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Letter of support from coordinating RCO Mantua Civic Association.

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Mr. Chair, are we hearing five with that?

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Yeah, we will. I just want to get her on first.

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Ms. Ferlinger is coming back in as a panelist.

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Sure.

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Hi, Mr. Chairman.

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Hi, Meredith.

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How are you?

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Could you state your name and spell for the court reporter?

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Sure.

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Meredith Ferlinger, F-E-R-L-E-G-E-R, 1500 Market Street Suite, 3500E.

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And if you could also call 3513.

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I will.

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