civus
Hearing video

ZBA Hearing - November 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 20, 20244h 24m

emerges from underground just east or just at the eastern edge of our property.

Similar wording

and runs westward along the southern edge of our property

Similar wording

until the very, almost the very western border

Similar wording

and therefore divides our site from Market Street almost in its entirety.

Similar wording

So this is a case where we have a true hardship related to the land,

Similar wording

But it is important to note that the project still aims to activate this limited Market Street street frontage that does exist.

Similar wording

but it is important to note that the project still aims to activate this limited market.

Similar wording

And as we'll explain, and we are striving to still meet the spirit of the transit-oriented development overlay.

Similar wording

Just going through a little bit about the project.

Similar wording

The West Park project will transform a 12-acre vacant public housing campus in West Philadelphia into a thriving 1,000-unit mixed-income community.

Similar wording

It will provide critical affordable housing and social infrastructure.

Similar wording

We are going to be reintroducing a street grid to this parcel and providing a direct

Similar wording

connection to the 46th Street SEPTA station at Market Street, as well as incorporating

Similar wording

four acres of new public open space.

Similar wording

More than 50% of the units will be reserved as affordable housing, which is a significant

Similar wording

percentage at this location for this project.

Similar wording

We provide this information as both background to the project and also to emphasize the importance of this development to the city.

Similar wording

We want to note this project is located in the CMX4 zoning district outlined in purple.

Similar wording

Here is the entire property and that as well as the TOD overlay.

Similar wording

And that's the overlay, as I mentioned, that requires that all new buildings be constructed at the street line.

Similar wording

And so we do want to I want to briefly just show. So this red outline looking at a existing site plan for the for the property that shows the existing street network.

Similar wording

So what's in yellow here is the existing frontage along Market Street, which is only 115 feet of this entire 14 acre parcel.

Similar wording

These streets right here, Busty Street and Holding Street, they technically exist today,

Similar wording

but they've been approved by city council ordinance to be stricken as part of the redevelopment of this site.

Similar wording

So that's the reason that Market Street was chosen as the primary street frontage by the Planning Commission,

Similar wording

because ultimately these streets that exist today will not be there as the project gets constructed.

Similar wording

So these streets, again, showing here in this aerial image, these will go away.

Similar wording

and a new street grid will be reintroduced.

Similar wording

Part of that street grid is shown here

Similar wording

in this aerial rendering of the proposed project.

Similar wording

But because those will not be public streets

Similar wording

until the project is completed construction,

Similar wording

they will be dedicated after completion of construction.

Similar wording

For right now, the only public street

Similar wording

that fronts on the property

Similar wording

is this very limited market street frontage.

Similar wording

So that's the reason we have this very, you know, unique condition here as it relates to our public street frontage and the reason why we can't comply with this requirement of the code.

Similar wording

um and so um as i mentioned the you know it's really the market frankfurt line that um comes

Similar wording

out of the ground right here you can see where my cursor is on this uh aerial proposed site plan

Similar wording

um comes out of the ground here at the eastern edge rises along the southern boundary of our

Similar wording

parcel and then um veers into market street just at the edge of our parcel um and so uh you know

Similar wording

this is phase one. So we're here today really talking about phase one is this aspect of the

Similar wording

application. We have five new buildings. Building A is a mid-rise building. That's new. Other new

Similar wording

buildings include C1, C2, C3, and C4. And those are more of a row home type structure. And then

Similar wording

an existing building B, which is an existing high-rise on the site. And phase two will come

Similar wording

at a later date that will be part of a future application. We want to note that with phase two,

Similar wording

we will also be extending the street grid into phase two, and we'll provide a northern connection

Similar wording

to Lancaster Avenue to the north. And so while we cannot physically locate all five new buildings,

Similar wording

Building A and Buildings C1 through 4, at this very limited Market Street frontage,

Similar wording

what we have done is tried to essentially extend Market Street into the site. And that involves

Similar wording

the construction of a new ADA accessible, very heavily landscaped and beautified path from

Similar wording

Market Street. We're also going to be opening up the, there's a retaining wall on Market Street

Similar wording

that currently exists. We're going to be opening that up as much as we physically can to increase

Similar wording

kind of the site lines into the property. And then, like I said, provide that ADA pedestrian

Similar wording

and connection from Market Street into the site, which allows both residents to access Market

Similar wording

Street directly, as well as the public to access the public amenities that will be part of the

Similar wording

West Park development as well. Additionally, the project adds new retail at the ground level of

Similar wording

Additionally, the project adds new retail at the ground level of Building A, which is located right here. So the retail will be 2,000 square feet of retail at this southernmost portion of Building A. So really trying to draw, you know, the public into the site as much as we can and provide that direct connection.

Similar wording

built.

Similar wording

As you will hear from our witnesses, the Market Street frontage that does exist along this edge is only 115 feet, but that 115 feet of frontage is still very close to the elevated Market Frankfurt line because it's only kind of just starting to veer off of the property and into the right-of-way at that point, so it sits still very close to our parcel line.

Similar wording

um and so as such given the condition of that market frankfurt line um and its location and

Similar wording

proximity to our frontage it would um simply be impossible to locate all of our new buildings

Similar wording

at the street line as required by the code um but as i mentioned we do have this very important goal

Similar wording

to connect the project to market street um so we are doing everything we can to facilitate

Similar wording

that connection and that beautification of this Marcus Street frontage.

Similar wording

And additionally, we'll note that once the new streets that will be constructed as part

Similar wording

of the internal portion of the site are dedicated back to the city and become public streets,

Similar wording

the majority of our buildings will front at the street line on a public street.

Similar wording

We want to just note for the record that the proposed project satisfies the criteria for

Similar wording

of variance, because there are unique physical circumstances to the property, that if we

Similar wording

were to develop in strict conformity to the zoning code would create an unnecessary hardship.

Similar wording

We know that there's no detriment to public health, safety, and welfare, and that the

Similar wording

request for relief represents the least minimum variance.

Similar wording

If we can confirm that there are no parties on the line in opposition, we're happy to

Similar wording

do an offer of proof if that's the board's desire, or we can put on our full case with

Similar wording

our witnesses, whichever the board prefers. We'll have to see who's on the line when we get to that

Similar wording

point, okay? So if you have to, you can go back and put on additional witnesses. Okay. And I just

Similar wording

want to note for the record that we are not aware of anybody seeking party status in this case

Similar wording

at this time.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

In that case,

Similar wording

we'll do an offer of proof

Similar wording

and if somebody comes forward,

Similar wording

then we would like to reserve

Similar wording

our ability to go back

Similar wording

and present our witnesses.

Similar wording

Okay.

Similar wording

So I would like to elevate

Similar wording

Mr. Daniel Slavin,

Similar wording

our engineer with Langan Engineering

Similar wording

as a panelist.

Similar wording

Counsel, could you just go over

Similar wording

one more thing?

Similar wording

Sure.

Similar wording

This is for the erection

Similar wording

of five buildings.

Similar wording

Am I right in saying that?

Similar wording

Correct.

Similar wording

Yes.

Similar wording

Could you show them?

Similar wording

Oh, absolutely.

Similar wording

Yes.

Similar wording

let me walk through. So the new buildings, and these are some existing site conditions.

Similar wording

So just to jump through, as you can see, there's a retaining wall, very close structure. So again,

Similar wording

another rendered site plan. And here's the existing three towers that are on the entire site.

Similar wording

This is the proposed building B. So this is what will be closest to Market Street.

Similar wording

And the retail will be located here at the ground level.

Similar wording

This is the existing tower that's located within the phase one boundary that will be reclad and renovated on the inside as well.

Similar wording

And the entrance will actually move to the southern portion of the site so that when the new streets are dedicated, the entrance to that existing building will now be located right on a public street after dedication.

Similar wording

And then these are the townhome-type buildings that I discussed, although they are still on one lot, so considered multifamily.

Similar wording

Hey, Meredith, just for the record, confirm that all the drawings that you're showing are on Exhibit 10.

Similar wording

Yes. Thank you, Matt.

Similar wording

Matt, just for curiosity, could you state your name and put it on record, and I'll swear you in?

Similar wording

Sure, Mr. Ricken. Matthew McClure, MCC LURE, Ballard-Spar, 1735 Market Street, Philadelphia, Pennsylvania.

Similar wording

Do you swear or affirm the tell the truth, told you it's nothing but the truth?

Similar wording

I do, Mr. Chairman.

Similar wording

Please proceed, Meredith.

Similar wording

Yes, as Matt said, all of the renderings and images I'm showing are part of Exhibit 10 of our exhibit package.

Similar wording

And just out of curiosity, the vacant buildings, is that the former 401 North Bus Day?

Similar wording

is that was that called 401 4401 yeah okay well so this is 44 old holden street busty street does

Similar wording

come into this site uh or formerly it did um but that that's one of the streets that will be

Similar wording

stricken all right thank you want to pull your witness great i'd like to uh call daniel slavin

Similar wording

Great. Thank you all. I'd like to call Daniel Slavin with Langen Engineers.

Similar wording

Morning, sir. Sir, could you please state your name as spelled for the court stenographer?

Similar wording

Hello. Yes, it's Dan Slavin, D-A-N-S-L-A-V-I-N.

Similar wording

Where or firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you. Mr. Slavin, did you just hear what I said regarding the project and the current conditions of the site and our proposed application?

Similar wording

Yes, I did.

Similar wording

Can you affirm what I said is true and accurate and adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Any other witnesses?

Similar wording

Yes, I'd like to call Drew Kometz with Ernie McHenry Architects.

Similar wording

they've been allowed to speak

Similar wording

could you please state your name and spell for the court stenographer

Similar wording

sure it's drew kmetz k-m-e-t-z

Similar wording

we're affirmed to tell the truth the whole truth and nothing but the truth

Similar wording

i do please proceed counsel thank you uh mr kmetz uh have you heard what i said today regarding the

Similar wording

application and the project and the existing conditions of the site? I have, yes. Can you

Similar wording

affirm that what I've said is true and accurate and adopt it as your own testimony? I can with

Similar wording

one very minor caveat. The new building we refer to as Building A, just in case you're trying to

Similar wording

follow along in the presentation. Oh, did I call that Building B by accident? You did, yeah. I

Similar wording

apologize. Building B is the existing high-rise tower. Building A is what will be located at

Similar wording

closest to Market Street. This is building A. Apologies. Thank you. Otherwise, perfect.

Similar wording

Any other witnesses? That's all. Questions from the board? Yeah, I have a question. So phase one

Similar wording

has a thousand units total? No, phase one has 327. The thousand units, it will be the total

Similar wording

combined unit count roughly once phase two is completed. Okay, so you're here for phase one,

Similar wording

Right. We're here for phase one only. Right. So my other question about phase one is because you can't come all the way up to the head of Market Street.

Similar wording

Where is the parking in phase one? So phase one will be accessed by off of Holden Street.

Similar wording

We will have a new street grid that comes here off of Palton and then comes in.

Similar wording

Parking will be located east of Building B and then behind the Building C's down here.

Similar wording

And what's the total number of spaces for that?

Similar wording

The total number of proposed new spaces for Phase 1 is 61.

Similar wording

Okay, thank you.

Similar wording

The question is from the board.

Similar wording

Can you confirm what percentage of the existing retaining wall will be going away?

Similar wording

That's a great question.

Similar wording

I think I might have to confirm that with our engineer, Mr. Slavin.

Similar wording

Or Mr. Kometz, if either one of them knows that specific number.

Similar wording

So let me go back to some of the renderings of the.

Similar wording

So this right here is a rendering of how we're opening up the retaining wall.

Similar wording

Can I call Dan or Drew, do either of you know that that specific advantage?

Similar wording

Sure. Yeah, this is Dan from Langan.

Similar wording

So. So, yeah, generally the this corner of the site that abuts Market Street,

Similar wording

there's about 115 linear feet of retaining wall and that's all going to be taken down

Similar wording

for this connection here and then as far as you know as you go further east you can kind of see it

Similar wording

in this image that's kind of septa's wall that's directly adjacent to their

Similar wording

market frankfurt line so that's actually going to remain for you know the whole stretch from that

Similar wording

point to the east so we're just taking down the wall that's um it's more of a a privately owned

Similar wording

wall uh in this corner of the site and then is any changing happening to the primary grading

Similar wording

that already exists at the site?

Similar wording

Yeah, so this corner, so Market Street's about 15 feet below the site in this existing condition.

Similar wording

the site in this existing condition, in the existing condition in this area. So this whole

Similar wording

corner of the site is kind of being lowered. So it'll connect to Market Street at the sidewalk

Similar wording

level. And then it kind of slopes up to meet the existing site elevations that are higher than

Similar wording

Market Street. Okay, yeah, no other questions. The ABA

Similar wording

accessible path winds through this sort of opening from Market

Similar wording

Street. The other questions from the board? Yes. How many parking

Similar wording

spaces are we going to have here? There will be in phase

Similar wording

161 new parking spaces new yes are there existing parking spaces or there are existing parking

Similar wording

spaces that exist on the site today uh we will all of the parking eventually will be uh you know

Similar wording

re redone um so all the existing parking will eventually go away but as part of the application

Similar wording

today. We do account for the existing parking spaces, but the 61 meets the requirement for

Similar wording

the zoning code for the proposed units in phase one. And again, because of our proximity to the

Similar wording

Market-Frankfurt line here, you know, we're only less than two blocks away from the entrance to

Similar wording

that SEPTA station.

Similar wording

And Board Mayor Gaston,

Similar wording

I may, there's also two other

Similar wording

items that reduce the parking

Similar wording

count. One is the TOD

Similar wording

overlay, and then the other

Similar wording

thing that reduces the parking count

Similar wording

is the min, mixed income neighborhoods

Similar wording

overlay, which obviously

Similar wording

we're complying with in space.

Similar wording

All right.

Similar wording

Thank you.

Similar wording