civus
Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

be Commerce Street. It was a vacated public street that is now a private driveway.

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um as you as you would understand a surface parking lot in this location in center city

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is not something that would be permitted today uh it's a grandfathered non-conforming use and

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this project will actually bring the property into compliance with the zoning code for the

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first time in many years um you'll hear more about the project in a in a minute but in a nutshell

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it's going to be replacing the surface parking lot with a 29-story residential

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multifamily building, 341 dwelling units, 103 parking spaces for the residents,

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accessory parking spaces, and then 115 non-accessory parking spaces that will

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replace and expand the Trader Joe's customer parking. It also will have the, you know,

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typical bicycle parking loading residential amenities and the garage

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structure is screened on all sides. I just want to point out that there the

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I just want to point out that the project complies with the zoning code in terms of

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project

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use and dimensional guidelines in all respects. It is by right and no refusals. We're here today

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because there is a referral, because part of the parking garage is above the average grade,

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parts below and part is above, and part of the parking garage is being used for the Trader Joe's

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uh to replace the trader joe's parking so it's non-accessory but that's an existing

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non-accessory parking use the parking garage is screened on all sides and so from a public

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perspective there'd be no visual impact i mentioned that we've already met with the rcos

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and the civic design review process and through all of that process we have now completed a

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community benefits agreement with Logan Square Neighbors Neighborhood Association, Center City

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Residence Association, and the Murano Condominium Association. With that being said, I'd like to

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turn it over to the project architect, Clara Weinberg, who can, if she can raise her screen

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and introduce herself, and then you can allow her to share her screen, she'll walk you through

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briefly the project. Good afternoon, Ms. Weinberg. Please identify yourself for the record. Spell

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your first and last name and give us your address, please. Sure. Clara Weinberg, SCB Architects,

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625 North Michigan Avenue, Chicago, Illinois. My name is Clara, C-L-A-R-A, Weinberg, W-I-N-E-B-E-R-G.

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

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i do thank you please proceed thank you and tony you're sharing the screen

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i don't think so i stopped i think nope well i mean over clara

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if you can share your screen

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It says I'm not sharing mine any longer.

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Are you requesting him to share his screen?

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Oh.

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Or are you sharing yours?

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I'm hoping Tony's set up to share.

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Oh no, I thought you were going to.

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Oh.

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I can find it, I think, if you need me to.

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Aris do you have it I think you're on as well right I I think I have it here one second great

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I apologize one second.

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jeez all right i was i thought you had it to share clara but mr from our conversation yesterday it

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was going to be all on your side mr forte maybe what we can do is um are there any

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issues that are

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that need

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to be on the record

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aside from your normal presentation

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that you can speak

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to

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I mean you're getting support from all

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the RCOs I

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haven't seen anything did you get anything

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from the council president's office

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we did

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we have non-opposition from the council president's

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office so again I don't

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want to you know short change

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everybody but Sharon? I believe that there is a community member named Nigel Webb who was

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planning to present. Yeah that's why I figure we can get to that and maybe we're having a technical

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problem. Yeah in the meantime we can look for. Why don't we do this? Let me let me jump ahead.

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Is there anyone who would like to testify in this case? Please raise your hand.

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Is there anyone who would like to testify in this case?

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Please raise your hand.

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And Mr. Forte and Ms. Weinberg, just hold off until we get this testimony on.

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Okay.

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I have Ryan Bolin.

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Ryan, you can unmute.

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Good afternoon.

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Good afternoon.

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I think you're on the road from this morning.

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I am.

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Okay.

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Just identify yourself.

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Yes, Ryan Boland, and I represent the immediate nearby neighbor, the Murano Condominium Association,

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which is located at 2101 Market Street. It has approximately 300 units.

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As the developers council said, we did enter into a community benefits agreement this morning,

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and the Murano Condominium Association supports this application for a special exception.

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The developers agreed to make a lot of changes to the property, a lot of things that really

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improve safety, and we're quite pleased with what has been done here.

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So we would like to request that the Zoning Board grant the request for special exception.

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And we're also going to request that a proviso be entered, but I will let the Developers

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Council explain that.

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Okay, thank you. Anyone, any board member have any questions for Mr. Bolling?

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No.

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Is there anyone else who would like to testify in this case? If so, please raise your hand.

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Here we have Nigel Webb.

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Great to be sworn in.

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Good afternoon, Mr. Webb. Please identify yourself, spell your first and last name.

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this is nigel webb n-i-g-e-l w-e-b-b you swear and affirm to tell the truth the whole truth

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and nothing but the truth i do and your address 1101 green valley road brinmar pa

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19010 and i'm here as an owner of one of the morano units 3202 in the morano

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Please proceed

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I have a new

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Reason for opposition

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Today which has to do with due process

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As Mr. Rowland

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Just testified a short while ago

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The

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Condominium Association

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At the Murano

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Has apparently

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Entered into an agreement

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With the applicant

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Which includes

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To quote him

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a lot of changes to the property. That may be good, but it's important for the board to understand

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that the condominium association, through its administrator, notified us at 1.17 p.m. today

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that such an agreement had been reached, but unfortunately did not provide us with any

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details. Now, I'm sure it's not of interest to the board as to the internal machinations of the

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Murano Condo Association, but it is legally relevant, as I've been advised as follows.

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In particular, the construction of the proposed garage, which is partly enclosed,

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depends for zoning purposes on access to an adjacent easement which is physically on the

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Murano property without commercial commerce street that correct correct it's actually

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the easement I'm referring to is between the Murano prop excuse me is between and actually

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Tanya if you have it available if you'd be so kind for the chairs to display exhibit one

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that I submitted I can present it on the screen oh no I don't have that available

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would you give me the freedom to present it but we're still allowing the

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presentation of the applicant apologies we do have the presentation okay so we

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can come back to you mr. Webb okay that's fine but just in terms of finish

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the due process thought those changes are apparently material and may impact

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my objection. So not having seen it and not being given the opportunity to see it, it's difficult

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to know how to proceed rationally. Understood. And if Mr. Boland is still on, I'm not sure if

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he's still on, I would have asked Mr. Boland to contact you so he can explain what the contents

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of the benefits agreement. Right. The legal point I just want to close on is that according to the

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condo agreement the condo association requires owner approval of a

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The Condor Association requires owner approval of a change to that relevant easement, and that approval has not occurred.

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So I would suggest to the board that it might want to add a proviso that any commitment, any approval is contingent upon an approval on that easement.

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Understood. Thank you.

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Mr. Forte or Ms. Weinberg?

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Yes, I believe Clara is now prepared. Can everybody see my screen? Yes. Great, thank you and apologies for the delay.

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So as Tony explained why we are here, we are here for the partially above-grade garage special exception for non-accessory above-grade parking.

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We're going to be reviewing our existing conditions and proposed project overview,

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a specific exception, non-accessory above grade parking itself, the design, the specific

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conditions of use, and the specific detrimental impacts to the neighborhood or lack thereof.

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Just to give you a little bit more oversight on where the project is, the project fronts JFK

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and is also fronting North 22nd Street the streets are at two different

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elevations creating an interesting dynamic where they're you know there

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there's no way of bridging that gap it is a substantial height difference

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between the two streets and our focus has been on creating an active use along

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both street elevations but let me share with you a little bit more about the

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streets you're looking east along the elevated portion of JFK looking back

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towards 2121 market and the morano and then looking south on the right hand side along

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what is the existing surface lot with the existing curb cut along 22nd street i mean the left hand

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side uh correct the right hand side is 22nd street here's the curve okay your traffic okay

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you're going the direction of traffic thank you yes correct and then jfk um on the left

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Just to give you an overview of the project it is a multi-family residential project with 341 units,

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103 accessory parking spaces, 115 non-accessory for a total of 218 stalls, and two loading berths.

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The project has an agreement with the adjacent 2121 Market Trader Joe's where there are designated

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stalls within this parking structure. The rest of the parking is dedicated for the

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multifamily units herein. So just to give you a little bit more orientation on

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the project, 22nd Street, as I mentioned before, is a big focus on creating active

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use with our lobby and leasing. The Commerce Street elevation or street

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frontage or Commerce Street is a vacated street, a private street with a current

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easement along it. Our residents and users of the parking structure from a

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vehicular standpoint will not go any further than the parking entrance of the garage.

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A major focus has been put on creating a more pedestrian friendly access from 22nd street by

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widening the sidewalk along 2121 and creating an improved pavement system here, improved lighting.

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There have been several significant conversations and back and forth with Civic Design Review where

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we made several improvements on their behest and also with input from the RCOs and the streets

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department so all in towards the effort of making a this condition improved for all users the use

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of commerce will remain the same for the 2121 market trader joe's where loading continues as

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it currently happens today accessing from 21st street and backing into its existing birth and

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exiting off of 22nd. The pedestrian experience from 22nd, as I mentioned before, is along an

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improved sidewalk and striped area and a designated cross to the parking lot. And for the convenience

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of the Murano and at the behest of the Murano residents, a sidewalk has been, a side, a walking

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path has been maintained along the Commerce Street and south side of the Commerce Street

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side. The elevated lobby on JFK also has active use all along the JFK frontage, currently

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planned for residential fitness or other amenities. You see here the garage is fully encaptured

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And you see here the garage is fully encaptured by active use on the street frontages, both on JFK and 22nd Street.

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by active use on the

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And you'll see in a few minutes, even along the Commerce Street side, it is intended to have full architectural treatment.

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The residential units start at level 7 and have a residential roof garden on that level as well.

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Just to give you an overall orientation of the project in relationship to the streets,

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you see the ground floor and amenity levels fronting 22nd Street, again shielding the

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parking garage from the prominent street, and even the remaining parking above it is

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treated with an architectural treatment, which I'll share with you in a minute.

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And then looking the other way, you see JFK side. Again, we are putting active uses on each side

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where it's possible to shield the parking garage. The architecture is trying to appeal to the scale

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of Center City and also the scale of the adjacent Logan Square with having the podium scale speak

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to the smaller scale buildings and also the materiality of the adjacent museum institutions.

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Just a little bit more of the podium where there's a big emphasis on street level.

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And once again, this is parking garage that is treated architecturally.

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And even within the parking garage, there's a terrace that activates the street level

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within the building as well to provide more visual connection.

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Another view from JFK.

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The view from 22nd Street, where again the emphasis on street activity, pedestrian activity,

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architectural treatment of the entire podium, and you're seeing glimmers of Commerce Street,

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again treated as another frontage and not a back of house.

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This is the Commerce Street side, where we are also creating architectural distinction

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along here and made several improvements with the input of the adjacent neighbors masonry

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articulation down on the ground floor down lighting along here and limiting the amount

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of openings adjacent to the morano project overall materiality of the project and then

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just some elevations and i'm going to quickly jump to just a little bit more articulation of

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how we've got the party set up. This is the parking levels, amenity, again active use,

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emphasis on street level and the resident experience arriving into their home and

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very much being pedestrian friendly along this empty gap along JFK. And then similarly on 22nd

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Street where the garage is very much part of the architectural treatment and it's hid behind

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the tower itself. And then I'm going to turn it over here. Thank you, Clara. If we could,

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I would now like to just briefly have our traffic engineer summarize the traffic study because

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the code requires for this special exception that we address two conditions. The use-specific

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