civus
Hearing video

ZBA Hearing - March 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20222h 45m

absolutely Mr. Kelly Mr. Stoll could you spell the name please I'm gonna have uh respectfully

Similar wording

I'm gonna have Ms. Johanning's mark so all right go ahead that's a wise move

Similar wording

It's J-O-H-A-N-N-I-N-G-S-M-E-I-E-R.

Similar wording

Thank you.

Similar wording

Are you okay, Mr. Kelly?

Similar wording

Yes, Chair. Thank you very much.

Similar wording

Sure. Let's go to the virtual audience.

Similar wording

Comments or statements from the virtual audience?

Similar wording

here we have christopher smith

Similar wording

hello mr smith could you state your name and spell it for the court reporter please

Similar wording

yes my name is christopher mejia smith that's spelled m-e-j-i-a hyphen s-m-i-t-h

Similar wording

right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

I do.

Similar wording

Proceed.

Similar wording

Thank you for this opportunity to testify.

Similar wording

I participated in a number of the community meetings, and I support the variances that are requested for this project.

Similar wording

I don't believe that it's been touched on, but the targeted rents for this property are going to be all below market rate and subsidized, and affordable housing is a major priority for the city.

Similar wording

Now, speaking exactly to the zoning category for this lot, I believe that what we have here is simply outdated zoning and a drafting error.

Similar wording

If you look at the University Southwest District plan for this lot, it is circled and denoted as that the zoning should be I2 as aligning to the existing land use.

Similar wording

And I think that as the applicant has shown, this land has not been used in an industrial form for many years.

Similar wording

So I believe that that was a drafting error.

Similar wording

And in fact, on page 78 of the University's Southwest District Plan, it says as follows.

Similar wording

It is important to encourage commercial uses along corridors with the capacity and density to allow businesses to thrive.

Similar wording

To do this, it is recommended that blocks south of 58th Street, Baltimore Avenue, and Woodland Avenue be zoned for residential uses.

Similar wording

So, given that this property is below Baltimore Avenue, it would make sense to have residential uses be legalized on this lot. So, I believe that the applicant is proposing a project that is within the spirit and the harmony of both the code and then also the district plan.

Similar wording

Thank you very much for your time.

Similar wording

Thank you. Thank you very much for calling in. Is there anyone else in the virtual audience that wants to comment?

Similar wording

Yes, Chair, we have Diane Settles.

Similar wording

hi could you state your name and spell for the court reporter please

Similar wording

hello hi could you state your name and spell for the court reporter

Similar wording

good morning my name is diane last name is settles t-i-a-n-e last name spelled s as in sam e-t-t-l-e-s

Similar wording

right do you swear or firm to tell the truth the whole truth and nothing but the truth

Similar wording

Yes, I did.

Similar wording

Thank you very much. Proceed.

Similar wording

Good morning. My name, I represent the group of King Sesson Air Civic Association.

Similar wording

I am one of the RCOs that did not write a letter of support for this project.

Similar wording

Early on, Mr. Kelsen had said that there were numerous meetings, community meetings.

Similar wording

I was only privileged to one community meeting, so I'm not sure what when these other meetings did happen.

Similar wording

Also, I didn't support the project because the community was not given the opportunity to review the changes that had been made by the CEREC design review.

Similar wording

And so that was another reason why I didn't support this.

Similar wording

um support this um the community has not been kept in the loop of these meetings um and that

Similar wording

The community has not been kept in

Similar wording

is unfortunate um if i if i miss something i would like for someone to correct me of um

Similar wording

when these meetings did occur and piggybacking piggybacking off of mr stall as far as this

Similar wording

community this community is a solid community with houses now going for 350 000 up to 600

Similar wording

yes it is a blighted area that is true it's been a blighted area for a while but yet and still

Similar wording

this community has still thrived with the raising of their um um property value um so that is what

Similar wording

I wanted to add and to this proceeding. Thank you for calling in, Ms. Settles. Anyone else in the

Similar wording

virtual audience? Yes, Chair. We have Mark Harrell. Please unmute yourself and wait for the chair.

Similar wording

Mr. Harrell, state your name and spell, please, for the court reporter.

Similar wording

Good morning. My name is Mark Harrell, H-A-R-R-E-L-L.

Similar wording

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

Similar wording

I do. Proceed. Good morning, Mr. Chairman and members. I am the co-chair of the 51st Ward

Similar wording

RCO, coordinating RCO for this application, and also a 50-plus year member of the immediate

Similar wording

community in which this application serves. I, as stated in the previous ZBA and CDR

Similar wording

meetings, hearings, the 51st Ward RCO supports this application and respectfully submit that the

Similar wording

request be granted. Here's an opportunity for, as stated before, affordable housing in our

Similar wording

community and blight obliteration. This property, for as long as I can remember,

Similar wording

has not been used in accordance with what industrial, it's been an eyesore.

Similar wording

For the past two years, we've been meeting the coordinating RCOs and the affected RCOs

Similar wording

have been meeting along with Omni and the residents of this community.

Similar wording

Representatives from Omni have taken it upon themselves to speak with representatives

Similar wording

and near neighbors of this community, and we support in full this application and respectfully

Similar wording

submit that you grant this. Thank you. Thank you very much. Thank you very much. Anyone else in

Similar wording

the virtual audience? Yes, Chair. We have Christopher. Please unmute yourself and wait for

Similar wording

the chair.

Similar wording

Hey, could you state your name and spell

Similar wording

for the court reporter?

Similar wording

Hey, this is not Christopher. This is

Similar wording

Alex Schieffer-Decker.

Similar wording

But I was unmuted, so

Similar wording

I will talk. Alex Schieffer-Decker,

Similar wording

S-C-H-I-E-F-E-R-D-E-C-K-E-R.

Similar wording

Do you swear

Similar wording

for him to tell the truth, the whole truth, and nothing

Similar wording

but the truth? I do.

Similar wording

Proceed. Thank you.

Similar wording

I'm a resident of the Near My Neighbors. I live two blocks away from the project site, and I've attended at least three public meetings on this project.

Similar wording

This is a complicated project. I urge the ZBA to reject variances related to the site plan.

Similar wording

I'm not totally up to speed on what the new ones are, but there's ample room on the site to design a project that meets these design requirements, and there's no practical difficulty that comes from meeting them.

Similar wording

The developer has simply chosen not to comply with site design requirements basically from the start because they've chosen instead to prioritize a massive surface parking lot over anything else, even additional affordable housing, and the ZBA does not need to endorse that choice.

Similar wording

However, whatever the faults with the design, the ZBA should grant the variance requests for residential use on this industrial zone property.

Similar wording

The existing industrial use on the site is inappropriate, as Chris said earlier.

Similar wording

It's embarrassing that past and present council members have not rezoned the site correctly.

Similar wording

The site is surrounded by residential uses.

Similar wording

It's hard to imagine any future owner of this property being able to economically use it for industrial purposes.

Similar wording

And it's even harder to imagine the community acquiescing to an industrial use at this location in the future.

Similar wording

Historically, the site was a coal yard and most recently was a junkyard.

Similar wording

Neither of these prior uses are suitable or practical today.

Similar wording

The use zoning on the site imposes a hardship on the applicant because it is so incongruent

Similar wording

with any feasible use on the site going forward.

Similar wording

The ZBA should also grant variance requests for height.

Similar wording

The ZBA should also grant variance requests for height. The building site is located within a dense urban area and is nearby residential buildings of comparable height, including the new development directly across the railroad tracks and the Irvine building just two blocks down the track.

Similar wording

The building site is located within a dense...

Similar wording

I also want to, I have to directly rebut the assertion by Mr. Stoll that this project will injure the general welfare of my neighborhood. This could not be further from the truth. My neighborhood needs affordable housing and this site is currently a blighted and polluted site. The implication that new neighbors are tantamount to new pollution is frankly insulting.

Similar wording

This is a complicated site and a desperately needed affordable housing project that is unfortunately marred by a thoughtless design.

Similar wording

Given this, I urge the ZBA to render a sort of unusual split decision and reject the site design variances for the project, but grant all the other variances for the underlying land use and height.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

uh mr kelson do you think you can summarize it in two minutes for me please i can do it in one

Similar wording

and mr stall i'll give you two minutes then okay i can do it very quickly thank you mr chairman

Similar wording

so with regards excuse me i'm sorry mr kelson i don't mean to interrupt but i believe wasn't

Similar wording

andrew goodman going to testify is he available sharon you're absolutely right i forgot i'm sorry

Similar wording

Yeah, I, Mr. Goodman, are you out there?

Similar wording

Mr. Goodman, please unmute yourself.

Similar wording

Good morning.

Similar wording

Good morning, Mr. Goodman.

Similar wording

State your name and spell for the court reporter, please.

Similar wording

Thank you.

Similar wording

Andrew Goodman, G-O-O-D-M-A-N.

Similar wording

Here representing the office of third district council member,

Similar wording

Jamie Gaudier, room 586 City Hall.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, please.

Similar wording

Thank you.

Similar wording

Mr. Chair, members of the board, Council Member Gaudier fully supports this application and asks that the board grant the variances as requested.

Similar wording

Given the length of testimony to date, I'll just try to hit some bullet points instead of belaboring particular points.

Similar wording

Certainly, a by-right development scenario under I-2 would absolutely have longer-term negative impacts on neighborhood quality of life, and we would strenuously object to Mr. Stoll's declaration that the previous industrial use was, quote, without issue.

Similar wording

In fact, just in the short time since Councilmember Gaudier took office, our constituent services staff have fielded dozens of concerns from near neighbors for assistance with abandoned autos and short dumping and other issues that were tied to the previous use.

Similar wording

So we believe this declaration to be inaccurate. Further, the declaration that this is, quote,

Similar wording

the most profitable use is also inaccurate. This has already been stated. This application

Similar wording

is only made possible through financing from the Pennsylvania Housing Finance Agency. So the claim

Similar wording

that this is some sort of market rate grab is inaccurate also. And in fact, the applicant will

Similar wording

be voluntarily entering into deed restrictions to ensure as such. We can also attest to at least

Similar wording

four open public meetings being held, two of which being held even before Omni filed its permit

Similar wording

applications in order to receive early feedback and input from near neighbors. It's certainly

Similar wording

understandable that there might be disagreements about aspects of the proposal and the design.

Similar wording

that's pretty common for projects of this size and scale and ones for the amount of public

Similar wording

attention they've received. But I think a couple of things we can all agree on is that this is an

Similar wording

important site and this neighborhood needs more affordable housing. Home values have more than

Similar wording

tripled in the census tract since the year 2000. Rents have increased by over 50 percent during

Similar wording

that same time period and the Black population has been cut by a quarter. And simply put, there

Similar wording

is no publicly controlled surplus land in the near vicinity to try to create the type of equivalent

Similar wording

affordable housing to what Omni is proposing to build here. And the design presented today does

Similar wording

include a variety of changes that respond to concerns by near neighbors. So it is this need

Similar wording

to ensure this type of affordable housing in neighborhoods of high amenities that is of utmost

Similar wording

important to our office. And so I will leave it there and thank the board for their time and

Similar wording

consideration this morning. Thank you for calling in, Mr. Goodman. Mr. Kelson, would you summarize

Similar wording

for me. I will, Mr. Chair. Thank you for the opportunity. In terms of Mr. Stoll's

Similar wording

contention or assertion, I should say, that this fails to meet the hardship standards

Similar wording

supportive of the grant of a variance, I would point the board to a case that Salette is very

Similar wording

aware of, Mr. Reiter is aware of. It's called Valley View Civic Association. In a nutshell,

Similar wording

So when you have a property like ours, which is an island, it's an I2.

Similar wording

When you have a property like ours, which is an island, it's an I-2 zone property that is surrounded by what Valley View would call disharmonious uses, all residential and transit behind.

Similar wording

That in and of itself creates the fact that there are disharmonious uses, underpins the hardship standard supportive of the grant of a variance.

Similar wording

It's ironic, members of the board, that if you would go with Mr. Stahl's argument and reject the variance, that creates a hardship on the community and on the subject neighborhood.

Similar wording

To deny it would actually create more hardship and more distress to the public health, welfare and safety than granting the approval.

Similar wording

This is a good plan. It's a necessary plan. The plan has been reviewed by the streets department in terms of traffic loading and mitigation efforts.

Similar wording

Those are the experts. They have reviewed it. It's been reviewed by Civic Design Review, which also includes streets design and checklists.

Similar wording

Most importantly, or equally importantly, it will meet all applicable building and fire codes, including water department approval for stormwater mitigation.

Similar wording

Right now, the site has no stormwater management, completely free for runoff.

Similar wording

All of that runoff will be detained and in its place you will see a community itself being built of affordable housing units that will support the community, support the residents, and allow for the community to grow and expand as it has.

Similar wording

So with that, I ask the board's consideration and approval of this project.

Similar wording

Thank you.

Similar wording

Mr. Stoll, can you give me two minutes?

Similar wording

I can give you less than two minutes, Mr. Schoenberg.

Similar wording

Thank you.

Similar wording

So I'll just reiterate and highlight a few points that I've previously made.

Similar wording

Belighted or not, zoning is in place for a reason.

Similar wording

Applicants have to follow the zoning code, and the applicant is requesting that we disregard the requirements of the zoning code.

Similar wording

And this has really turned into how much do we love this project?

Similar wording

How much do we like this?

Similar wording

Again, we're completely, we're being, the board is being asked to totally turn a blind eye to the zoning requirements.

Similar wording

You know, we represent an affected neighbor and we're asking that you follow the zoning code.

Similar wording

And again, like I said, there is nothing in this record, nothing been presented to you as to a hardship.

Similar wording

This is just, this is what I want to do with the property.

Similar wording

There's nothing unusual about this property.

Similar wording

There's nothing irregular about this property.

Similar wording

property. And I get that the applicant wants to say to you and present that this is a great use

Similar wording

of the property. It's not consistent with your zoning code. So with that, I'd ask you to deny

Similar wording

all the variances that are requested. Thank you. Thank you very much. Planning Commission.

Similar wording

Thank you, Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Members of the board, first to just make a note for the board, Civic Design Review Committee's

Similar wording

advisory recommendations are not an expression of the city planning commission's recommendation

Similar wording

regarding zoning variants or other discretionary approvals associated with this proposal. So I just

Similar wording

want to make sure that those are not conflated in this case. The comprehensive plan recommends a

Similar wording

zoning map change from I2 to ICMX on this property. The intent of that comprehensive

Similar wording

of plan zoning recommendation was to prevent heavy industrial uses adjacent to existing

Similar wording

residential uses. However, the proposed use is residential. And furthermore, the current

Similar wording

development proposal includes rent-restricted affordable units, which would align with the

Similar wording

comprehensive plan goal of providing a wide range of housing types across the city. And so the City

Similar wording

Planning Commission supports the variance for multifamily use. However, we recommend that the

Similar wording

board grant the use variants with two provisos. Our first request is that we believe that

Similar wording

residential use demands meeting residential parking lot landscaping standards, and so we

Similar wording

would request a proviso that the final plan be subject to City Planning Commission approval of

Similar wording

the parking lot landscaping requirements. Secondly, low-income housing tax credits, as you know, are

Similar wording

extremely competitive. We're skeptical that the low-income housing tax credits will actually be

Similar wording

awarded for this project and regardless of any agreements made with the community groups or rcos

Similar wording

the zoning entitlement in question could be transferred to a future owner who wouldn't be

Similar wording

bound to honor the promise to include deed restricted affordable units and so we therefore

Similar wording

request a second proviso to grant a temporary variance in this case to expire march 31st 2025.

Similar wording

to grant a temporary variance in this case to expire March 31st, 2025.

Similar wording

Excuse me, this is Sharon. We cannot include a temporary proviso for this kind of

Similar wording

this kind of use that requires so much construction. Temporary provisos are for

Similar wording

uses in an existing building or surface parking lot. It would not be appropriate here. May also

Similar wording

and Mr. Chairman, as Mr. Goodman indicated,

Similar wording

Ian was not privy to this,

Similar wording

there will in fact be deed restrictions.

Similar wording