civus
Hearing video

ZBA Hearing - October 4, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 4, 20234h 20m

and the hand went down

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I see no more hands

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I'm going to go to cases

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I don't have any exhibits

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MI 2022

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007151

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431 North 39th Street

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no exhibits

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second listing

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Audrey Martinez

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and the powerhouse development, right?

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Okay.

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Audrey

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Audrey Martinez, if you're in the audience.

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The powerhouse development, Incorporated.

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Or powerhouse development.

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Raise your hand if you're in the audience.

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The only hand up is Charles Richardson.

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Shall I allow him to speak?

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uh well we allow him to speak but i'm let let me handle this first because i'm sure he's done

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Karen Cromartie is back up no other hands chair all right let's see is Karen Cromartie what she

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what she needs okay

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Karen Cromartie you're allowed to speak please unmute and wait for the chair

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hi yes good morning chair could you state your name please and could you state your name and

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spell for the court stenographer karen crow marty c-r-o-m like in mary and like in mary

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a-r-t-y you swear or affirm to tell the truth the whole truth nothing but the truth

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Yes. What case are you involved with? I am case MI 20-22-007349. What's the location, ma'am? 5652 Windsor Street.

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That case has been continued, Mr. Chair. Yes. So that case has already been continued?

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Yes, I understand. It's been continued, but I'd just like to make a statement.

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Well, you can't make a statement today. The case is already continued. You'll be notified of the next listing. Okay?

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Okay. Thank you so much.

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Thank you. Thank you. Thank you.

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So back to number three, MI20220071514431 North 39th Street. Audrey Martinez, there's no hands up.

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No hands, sir.

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So this is the second listing. MI2022007151431 North 39th Street. I vote to dismiss.

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James Snell, dismissed.

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Ishmael Shaheed, my vote is to dismiss.

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Okay, that's, we have the votes.

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um mi 2020 number five mi 2022 001 680 5710 malvern avenue tramiki stanley or aka traviki

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towns no exhibits this is the fourth listing there was a continuous request on 524 23

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three we still have no exhibits mr chair this is hillary um the applicant just sent in some

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documents this morning but most most of the required documents were not included in the

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package so this case is not ready to go forward excuse me chair i do

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ready to go forward.

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Excuse me, Chair.

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I do have Treviki Stanley in the audience.

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Sure.

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Been promoted to panelists.

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Okay.

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Mr. Stanley, state your name, please, and spell for the court stenographer.

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Mr. Stanley?

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hello can you hear me i can't could you could you please state your name and spell for this

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it is t-r-a-v as in victor i-k-a stanley is the maiden name s-t-a-n-l-e-y right um do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes so this is the fourth

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listing and we we still do not have all the necessary exhibits we're not sure what necessary

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exhibits there the blueprints were sent in by our architect larry gilbert um back in 2022

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um there was no other exhibits that were requested so from us so here so here here here it is so

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we don't have all the exhibits. I want you

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to call the office. This case is continued today

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but the next soliciting, it must be heard. You call the office, they'll tell you

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everything that you need, okay? Okay. Thank you.

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Excuse me, Chair.

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I have a hand up by the name of D. Dukes

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should i allow them to speak please bring bring them on okay

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d dukes you've been allowed to speak please wait for the chair hi good morning this is d hi could

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you state your name please and spell for the court sonographer sure d dukes d-e-e last name d-u-k-e-s

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i am the president of the winfield community neighborhood association

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Hold on. Okay. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, Chair.

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What case are you involved with?

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This is 5710 Malvern Avenue.

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I just, we do not have all the exhibits. This case is continued, and I told the applicant it must be tried the next time.

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Okay. And I understand that you made the decision for the continuance. This case has been going on, and most of the community are not in favor of the case.

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Okay. But you heard my comments. The next time it's listed, it will either be tried or will be dismissed. Okay?

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Okay. Thank you, Chair.

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Thank you.

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You're welcome.

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them. Let's see here. Six. Number six. MI 2022 0073732126 West Cambridge Street.

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Jamie Rivera is the listed applicant. Jose Cortez Ortez is the listed owner.

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we have no exhibits second listing

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mr chair i just wanted to clarify we did get a request from um swamp poodle um rco for

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continuance must be heard um because there has apparently not been an rco meeting that was on

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9 24 23 am i correct yes that is correct mr chair okay but we have not had any um had any

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correspondence with the applicants my knowledge okay um mr cortez

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mr cortez if you're in the virtual audience please raise your hand

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and i don't see mr cortez here all right thank you so this is the second listing the last listing

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no one appeared, we still do not have exhibits. So MI-2022-007-373-2126 West Cambridge Street,

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I vote to dismiss. James Snell, my vote is to dismiss. Ishmael Shaheed, my vote is to dismiss.

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And number 14, MI 2022-003-989-2851 Bodine Street, Angela Bucci and Michael Bucci, we have no exhibits. This is the second listing. There has been no meeting held.

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There was a request for continuance for 12-14-22, or Mr. and Mrs. Bucci here.

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there was a request for continuance for 12-14-22.

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No handshare.

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Okay, so this was the second listing.

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There's been no RCO meeting.

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So MI 2022-003-989-2851, Bonine Street, I vote to dismiss.

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James Snell.

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My vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Okay, we're going to go to our regular list.

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We're going to go start with number 15, MI 2023-002-993-9916 Busselton Avenue.

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Jarrett Klein is the attorney.

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We have a letter of support from the Greater Busselton Civic League.

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Mr. Klein.

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Eric Klein has been promoted to panelists.

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Good morning, Mr. Chair, members of the board.

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Mr. Klein, could you state your name?

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Could you spell for the court stenographer?

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Certainly.

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It's Jared, J-A-R-E-D.

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Last name is Klein, K-L-E-I-N, from Blank Rome, 130 North 18th Street in Philadelphia.

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Do you swear for him to tell the truth, hold truth, nothing but the truth?

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Yes, I do.

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Could you identify your client, the relationship to this property?

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Certainly.

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My client is American Living Concepts II, and they are the owner of this parcel.

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our vice chair has just a few questions sir sir good morning good morning counselor do you agree

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to waive the reading of the refusal and stipulate to attack with you good morning mr shaheed yes i

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do have you emailed them all the required documents and exhibits that are needed

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um and required to proceed with this case five days in advance of this hearing yes i have

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thank you mr kline please proceed and share your screen thank you very much

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I will, as I go through, have a couple of witnesses to add some additional info and confirm some of my statements.

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So I will let our emcee know as we get to that.

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So we're here for 9916 Busselton Avenue, which was long the home of a sod farm and other commercial light industrial uses over the course of several years.

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The proposal before the board today is really to transform this parcel from what is now an eyesore into a very, very attractive residential complex.

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The proposal is for 90 residential dwelling units with 135 accessory off-street parking spaces.

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And the comments that we or the refusals that we received had to do with the use because our site is zone CA1.

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and for some of the landscaping and parking requirements.

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The one that I'll touch on first is this parking refusal.

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Just so the board understands, the site is zone CA1,

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so the calculation of parking spaces for 90 units would require 135 spaces.

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I think we've all seen that one-to-one parking is not something that many sites can offer right now.

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And I have some data as we go through that shows that we're offering what we think is more than sufficient parking for this space.

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To orient the board as to where we are, this is the lot here.

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It is bordered on one side by the Goodwill and on another side by an existing condominium complex.

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This is Busselton Avenue here.

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The frontage that we have on Busselton is this small piece here.

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There's an existing curb cut with an existing traffic light.

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Aside from the small street frontage, this property is otherwise landlocked, which creates a hardship for the lot because there's only one ingress and egress point.

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And it has been utilized in a commercial way for decades.

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Other, just so the board can understand the unique shape of the lot also, as you can see, it widens a little bit as it comes from Busselton.

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And then as we go around the playground here, it narrows into this strip.

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So it became a challenging site from a design perspective to make it usable really for any purpose.

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The zoning district around it is also quite mixed.

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You have a mixture of CA1, RM1, some SP back here for the parkland.

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So it's a very mixed zoning area.

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So it's a very mixed zoning area.

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Just photos of the zoning.

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Just photos of the zoning poster at the site, which is currently unimproved.

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And this is what the frontage on Busselton looks like today.

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This gate access here, this is the traffic light that I referred to earlier.

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It's where Northeast Boulevard meets Busselton.

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So there is this existing curb cut and existing traffic light to handle our ingress and regress.

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This is an aerial shot that really comes in a little bit closer to show you where the goodwill is in the existing condos.

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So really what we're doing is extending the residential feel of this existing condominium complex into this lot here.

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The overall site plan of the lot, what the proposal is, is for six structures, each of which would house residential units.

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We have the curb cut on Busselton, and then parking located for each of these buildings as you move through our lot.

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One of the other unique features of this lot is the Paul's Run stream that runs through the middle of the site.

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You'll get a little bit more detail on that in just a moment, but one of the things that we tried to do was not only adapt the site to an existing stream running through it,

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but really revitalize what was there to improve both the creek bed and to make it sort of an attractive passive and passive amenity for the apartment complex.

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This is a little bit more detail in the landscaping plan.

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And these are some existing pictures of what the site looks like now.

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So each of these orange highlights on the map corresponds to one of these pictures here.

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As the board can see, it is not in the best shape right now.

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Since my client purchased it, they have done a substantial amount of cleanup on the site, raising some of these older buildings, cleaning up a lot of the trash.

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And that was really their first step towards trying to beautify this.

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This chart is designed to show the board a little bit about what's around us.

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This is our site here marked in the red. Current multifamily uses you can see in the yellow. And commercial shopping centers are in the orange. So it's really an evenly mixed area that we're in between the multifamily residential and the commercial.

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We think that multifamily residential works better for this site, given the existing commercial options all up and down Busselton Avenue.

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In terms of green space, the board can see that we're providing 90 apartments on 4.14 acres.

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And so that equals a 1.5 parking space per apartment and an overall green percentage of 46% of the lot that we're preserving as green space.

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We thought this chart was instructive for the board just to see what else is around us.

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The other multifamily residential apartment complexes in our immediate area offer, by and large, more units on less acres with less green space.

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And we thought this was an important slide because really what we're trying to do here is not cram as much density as we can onto this site.

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We're really trying to provide a good product.

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And we think that the amount of green space we're providing compared to other other buildings is really a good feature point.

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As I mentioned earlier, we're also providing more parking than the other similarly situated buildings around us.

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And that addresses that third refusal I mentioned earlier.

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And again, this is the overall zoning site plan. If I could ask Lindsay Status Law to raise her hand. She's from Grounds Reconsidered, our landscape architect, and I'd like her to take you through the next couple of slides.

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Lindsay High Standards Law has been promoted.

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thank you uh chair do you want to swear her sure could you state your name please

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and spell for the court stenographer

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sorry okay lindsey hi stanislaw it's h-i-g-h and then s-t-a-n-i-s-l-a-w right do you swear

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or a firm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Please proceed.

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Thank you.

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Lindsay, can you tell the board what your professional background is?

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I'm a landscape architect at Ground Reconsidered.

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And did you prepare some landscaping plans and renderings for 9916 Busselton?

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Yes.

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Okay.

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If you wouldn't mind describing for the board what I'm showing on the screen now.

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Yes. So, we're looking at our rendered site plan that's really describing all of the landscape features for this property. So, we're focusing on the Paul's Run stream and the restoration of the banks. So, cleaning up the dead, diseased trees, pruning, and planting the banks for stabilization, keeping open space on either side of the bank where there would be picnic tables and Adirondack chairs.

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Yes.

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So we're looking at our rendered site plan.

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there are canopy trees close to all pavement areas as well as throughout the site and then

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ornamental trees throughout there are evergreen trees at the site the property lines for

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vegetative screening where that's necessary and there are five retention basins which will all

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be planted as rain gardens and we feel that is important both to the feeling of the place and

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also supporting the streams ecology um there are sidewalks on both sides of the street and there

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