civus
Hearing video

ZBA Hearing - June 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 2, 20215h 8m

um hopefully right now you're looking at a screen that says uh torresdale manor residences 3600

Similar wording

grant avenue um so what you see on the left are existing homes right here this l shape

Similar wording

is the property at question. This is Grant Avenue. And this up here is a Toursdale Union League golf

Similar wording

course. And this golf course is actually the John F. Byrne public golf course. So we're bound on

Similar wording

three sides by golf courses. And we're putting in 30 single family homes, 28 twins and two

Similar wording

standalone homes wow so here's sort of a layout of you know just an overview you can see

Similar wording

here's the uh the zoning you obviously have the golf course here golf course there

Similar wording

um this is and of course please interrupt me at any point in time but since we do have full

Similar wording

support and no one is in opposition i i don't want to waste your time with uh you know unnecessary

Similar wording

details. So this is the L shape of the property that we're talking about. Again, we have a creek

Similar wording

that runs right next to our property. You can see it here. This property currently is deemed

Similar wording

imminently dangerous. It was a very large gym, basically taking up this entire portion of the

Similar wording

property over here with an Olympic-sized swimming pool. That gym has been vacant for some time,

Similar wording

The creek here has been completely sort of fallen in.

Similar wording

We're going to be doing significant creek bed work and are working with the state and the city water departments to reinforce that wall.

Similar wording

This is the type of creek that has quite literally a couch inside of it right now when I just went out to the site.

Similar wording

This property is a large open parking lot with access off of Grant.

Similar wording

and uh like i said a large dilapidated building on this section that i'll go through um right now

Similar wording

as the neighbor said this is the type of property where all the people looking to do bad things

Similar wording

come to congregate um so we're we're we're looking to to uh correct that we have existing

Similar wording

homes right here and as i previously showed kind of up this is actually uh to the west

Similar wording

all existing homes we are building 30 homes with 86 parking spaces each home

Similar wording

We are building 30 homes with 86 parking spaces.

Similar wording

Each home will have two dedicated parking spaces and we'll have additional overflow parking, as you can see.

Similar wording

So these homes, do these homes front on Grant Avenue?

Similar wording

No, so none of the homes front on Grant Avenue.

Similar wording

So Grant Avenue is over here.

Similar wording

Let me, I think I can jump.

Similar wording

I can see where it is now.

Similar wording

Okay.

Similar wording

Yeah, so here's, this might be a better, so here's sort of the overview. This is Grant Avenue right here. This is, you know, existing public streets going into the existing neighborhood.

Similar wording

these existing homes back up to our property these homes right here actually have alleyway

Similar wording

parking but they do front on on grant we would be building homes all along here here you can

Similar wording

see the building that's been deemed imminently dangerous the creek right here is what's been

Similar wording

fully overgrown and this is the large parking lot that i was talking about so thank you

Similar wording

just kind of summarize that would be helpful

Similar wording

pardon me chair you can summarize yes um so in short we had uh five refusals

Similar wording

um we have cured all of the refusals except two so we've cured three of the refusals which were

Similar wording

just dimensional um the last two refusals we have set up this project as a pud instead of going

Similar wording

through a subdivision for multiple homes it's just much cleaner and easier to develop that way

Similar wording

but that generates a refusal for multi-family use in a single family or twin neighborhood as we're

Similar wording

in so that's one of our refusals and the other refusal we have is that there's existing outflow

Similar wording

pipes and utilities involving that creek we're cleaning all of that up and working with the

Similar wording

Water Department to make sure we clear all of that out. So that's done. As I said, Northeast

Similar wording

Community Civic Alliance. I think Tom Neville, their president, was going to be on today's

Similar wording

hearing. They fully support the position. They're excited to see this property rejuvenated and

Similar wording

redeveloped. We also have a letter of support from Councilman Bobby Heenan's office

Similar wording

and from the union league and from 23 individual near neighbors um so i i think the the size and

Similar wording

scope of this project uh greatly benefits the neighborhood and obviously we've got 130 000

Similar wording

square foot l-shaped property which is difficult to manage if you're required to put in a single

Similar wording

family home um so with that i will uh conclude and i'll just call my witnesses to adopt my

Similar wording

testimony if the board is okay with that you have witnesses plural uh yes i have an engineer

Similar wording

who would testify if the board is interested with regard to the work going on at the creek

Similar wording

it's quite significant and uh a an architect from avatari design who actually did the all the plans

Similar wording

and then Sean Killeen on behalf of the owner

Similar wording

who could testify to any questions

Similar wording

that the board may have.

Similar wording

The board have any questions

Similar wording

for the architect and or engineer?

Similar wording

No.

Similar wording

No.

Similar wording

Okay, so all we'll need is a testimony

Similar wording

from your developer, I believe you said?

Similar wording

Certainly.

Similar wording

Again, he would just be adopting the testimony

Similar wording

that I've already provided.

Similar wording

Okay, we'll stipulate to that.

Similar wording

We'll stipulate that your client

Similar wording

would adopt your testimony.

Similar wording

you being an officer of the court okay all right and so i guess the only thing i would request is

Similar wording

if you would stipulate that the uh my architect and engineer would also um agree with my testimony

Similar wording

and adopt it as their own noted thank you any any questions from the board in general no

Similar wording

anyone else like to testify in this case please raise your hand

Similar wording

There are no hands at this time, Mr. Chair.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Good afternoon, Ariel DiLiberto, the Planning Commission.

Similar wording

The comprehensive plan recommends this property for both residential and open space use.

Similar wording

We recommend the Board grant the variance.

Similar wording

much MI 2021-000741-3600 Grant Avenue. My vote is yes. Were there any revised plans?

Similar wording

uh yes thank you for uh reminding me uh proviso one page uh my vote is yes with the proviso

Similar wording

Yes, thank you for reminding me. Proviso, one page.

Similar wording

revised plan one page approved today my vote is yes with proviso yes with proviso yes with proviso

Similar wording

yes with proviso you uh do we now go to north 16th street thank you board for your time today

Similar wording

thank you thank you i think we go to number three

Similar wording

yes number three on the regular list calendar number mi-2021-001168 4501 woodhaven road

Similar wording

gussie o'neill is the attorney and we have a letter of support from councilman brian o'neill

Similar wording

and no RCO letter from Northeast Community Civic Alliance.

Similar wording

Mr. Ronald Patterson has his hand raised.

Similar wording

I will promote him to panelists at this time, Mr. Chair.

Similar wording

Mr. Patterson, you have been promoted to panelists.

Similar wording

Please wait to be sworn in, sir.

Similar wording

Mr. Patterson, please identify yourself, spell your full name, and I'll swear you in.

Similar wording

Hi, good afternoon.

Similar wording

Ronald Patterson, Claire Harrison, 1835 Market Street, Philadelphia PA 19103.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Thank you, Madam Vice Chair.

Similar wording

Do you also agree to waive the reading and refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

have you emailed the exhibit packet with proof of ownership tax compliance refusal or referral

Similar wording

photos and or plans of the property five days in advance of this hearing have you met with

Similar wording

the rco and do you have a letter uh i have all the above okay thank you you may proceed

Similar wording

oh great i'm going to share my screen please okay all right

Similar wording

can you see that site plan yes yes okay so this regards as you mentioned 4501

Similar wording

woodhaven road it's a shopping center that was once part of franklin mills it was carved off

Similar wording

It's a large shopping center to make sure it is for us.

Similar wording

Can you see this photograph here?

Similar wording

Yes.

Similar wording

Okay, all on the right-hand side were all the current Franklin Mills stores.

Similar wording

This is the area here that we're in question, and especially in particular this blue area here.

Similar wording

So the overall site plan, you see Woodhaven Road, you're driving north, you turn off of Woodhaven Road, Nice Road, you go on Liberty Road.

Similar wording

This is the property portion that we're talking about.

Similar wording

Over here currently consists of Dick's Sporting Goods that used to be a Walmart, Home Depot,

Similar wording

one or the other. There's a new car wash that the board approved that's going in here. So

Similar wording

what we're proposing here, it's a by-right standalone CVS pharmacy retail store. We have

Similar wording

our permit for that. And what we're proposing is a freestanding sign at this location.

Similar wording

There are three other ones here that I denoted in yellow.

Similar wording

And here's an example of the three other freestanding signs that are located on the property.

Similar wording

Here's a store looking down towards north.

Similar wording

Here's where the building is currently under construction.

Similar wording

We'll see here as we go through here, a construction site back here.

Similar wording

So as the photograph showed, what we're asking here is a construction site.

Similar wording

The sign would be approximately right here at this location, so it could be seen from

Similar wording

Knights Road and Liberty Belt Lane. As I mentioned, it's by right. We have the rest of the signed

Similar wording

package that was approved. This particular sign is the blow of the store located right

Similar wording

here, as I mentioned, in the red dash. We're returning off the Knights Road. This is the

Similar wording

sign is proposed. It's a typical CVS, one of their model signs. It's 24 feet tall,

Similar wording

It's 24 feet tall, double-faced, about 68 square feet per side.

Similar wording

double-faced, about 68 square feet per side.

Similar wording

The refusal here, we're located in a CA-1 commercial zoning district, is that we're only allowed one side per lot.

Similar wording

Now, it seems kind of perplexing, but of course, there's a history to this.

Similar wording

um the property was as part of franco mills was originally and last before the zoning had changed

Similar wording

a ca2 zoning district um and this uh frontage here along between combining franco mills boulevard

Similar wording

and liberty bell is about 1360 feet which is a quarter of a mile for those of you to drag race

Similar wording

um it's a very large shopping center as you can see and at the time as i mentioned was constructed

Similar wording

it was a CA-2, but it was later converted to CA-1. And CA-2, you can see this in the zoning code,

Similar wording

allowed at the time, no limit on the number of projecting freestanding signs,

Similar wording

but you would get one per 15,000 square feet. This shopping center is approximately 1,450,000

Similar wording

square feet which will have allowed 96 freestanding signs it was remapped the property

Similar wording

i'm guessing about five or seven years ago the ca1 was from the codes shows that you're only

Similar wording

per lot so you know in the fact excuse me one minute ron ron i'm sorry if you interrupt someone

Similar wording

has uh their mic open and we're hearing like sounds like dishwashing going on in the background

Similar wording

something. Okay. Please mute. All right, continue, Ron. Sure. So CA1 currently, again, allows only

Similar wording

one freestanding for this large shopping center. We just want to add, as I mentioned, the one

Similar wording

near the property entrance location here in the red, right off of Knights Road and Liberty Bell

Similar wording

Landing. And it's, you know, it's needed that sign to identify the building and to also, you know,

Similar wording

promotes traffic safety efforts when you're turning off of Woodhaven Road to try and find

Similar wording

the location. We believe that it will cause no negative impacts as the property was constructed

Similar wording

considering and presuming there would be more freestanding signs because of the number of

Similar wording

driveways that enter the shopping center. And so, you know, we believe this overrides the

Similar wording

restrictions and the hardship that were caused by the down zoning of this property. As I mentioned,

Similar wording

that was constructed under CA2 in a prior equivalent zoning district that was there.

Similar wording

We did meet with the Franklin Mills Advisory Council.

Similar wording

They are not the registered RCO per se, but they are the selected ones that we were instructed

Similar wording

to meet with per Councilman O'Neill's office, and we did.

Similar wording

We met with them on May 25th, and we have a letter from the councilman.

Similar wording

I'll show you the refusal first

Similar wording

but I didn't show you that

Similar wording

it says one freestanding sign per lot

Similar wording

we do have a letter from

Similar wording

the councilman

Similar wording

advising he has no objection

Similar wording

with that said if you could promote

Similar wording

John Cogan C-O-G-A-N

Similar wording

as my witness

Similar wording

Cogan please identify yourself when you're on

Similar wording

spell your full name and I'll

Similar wording

swear you in. Please raise your virtual hand, sir.

Similar wording

He's been allowed to talk, sir. Are you there, John?

Similar wording

Can you hear, can everyone hear me? Yes, please spell your last name, sir,

Similar wording

and i'll swear you in i'm sorry uh last name is cogan c-o-g-a-n john do you swear a firm to tell

Similar wording

the truth the whole truth and nothing but the truth yes i do uh hi john uh please uh so you're

Similar wording

affiliated with with summit realty correct that is correct and uh summer realty is the developer for

Similar wording

this uh cbs site is that correct yes and uh you've heard and seen my presentation would you agree is

Similar wording

true and accurate and you would adopt it as your own yes i would and so where i'm showing the sign

Similar wording

here on on the screen that's the location of the proposed sign correct yes it is and the sign

Similar wording

package that was submitted was one of the typical sign packages for cvs yes that's correct so the

Similar wording

idea and the purpose and desire for the sign was obviously to locate the cvs because of the long

Similar wording

the winding roads that this shopping center fronts up on, correct?

Similar wording

Yep, that's correct.

Similar wording

And it's typically this freestanding sign would be useful for CVS to identify the location.

Similar wording

it's typically this freestanding sign would be useful for CVS to identify the location of the

Similar wording

building and to promote traffic safety. Would that be your opinion? Yes. Okay. That's all I have for

Similar wording

Mr. Cogan if the board has any questions. Any questions from the board? No. No. Anyone else

Similar wording

like to testify in this case? If so, please raise your hand. There are no hands at this time, Mr. Chair.

Similar wording

Thank you. Planning Commission. Good afternoon. Ariel DiLiberto, City Planning Commission.

Similar wording

The comprehensive plan recommended keeping the previous CA2 zoning at this location. The zoning

Similar wording

has since been changed to CA1. We believe the applicant has demonstrated sufficient hardship

Similar wording

as this lot is almost 1.5 million square feet and the existing zoning permits only one

Similar wording

freestanding sign per lot. We recommend the Board grant the variance. Thank you. MI 2021-001168

Similar wording

4501 Woodhaven Road my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

thank you thank you calendar number I'm sorry to interrupt again um I spoke with Rachel Pritzker

Similar wording

she's asking that the hearing be continued which case that was the um that was number six on the

Similar wording

add-ons, 3613 North 16th Street. Okay. All right. Let me read that in, Carol. MI 2021-000467

Similar wording

3613 North 16th Street is continued. Thank you. Calendar number MI 2020-003174

Similar wording

4701-15 King Sessing Avenue. The attorney on here is Brett Feldman.

Similar wording

Mr. Feldman has been promoted to panelists thank you Jason

Similar wording

Mr. Feldman yes uh good afternoon hi put your name and address on the record please

Similar wording

and spell your last name and then I'll swear you in

Similar wording